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Promotional Terms

pennycake® New Product Giveaway

Sweepstakes Official Rules

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.

The pennycake® New Product Giveaway Sweepstakes (“Sweepstakes”) is sponsored by Chick-fil-A, Inc., 5200 Buffington Rd. Atlanta, Ga 30349 (“Sponsor”) and is administered by Crowd9 PTY LTD located in Melbourne, Australia (“Gleam” or “Administrator”). The Sweepstakes is subject to all federal, state and local laws and regulations, and is void where prohibited or restricted by law. By entering the Sweepstakes, you represent that you satisfy all eligibility requirements and agree to be bound by these Official Rules. You understand that the results of the Sweepstakes, as determined by Sponsor and its agents, are final in all respects.

THESE OFFICIAL RULES CONTAIN DISPUTE PROVISION WITH CLASS ACTION WAIVER AND LIMITATIONS OF LIABILITY THAT AFFECT YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO ANY DISPUTE BETWEEN YOU AND SPONSOR REGARDING THE SWEEPSTAKES.

THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH FACEBOOK OR INSTAGRAM (EACH A “SOCIAL MEDIA SITE” AND COLLECTIVELY THE “SOCIAL MEDIA SITES”). YOU UNDERSTAND THAT YOU ARE PROVIDING YOUR INFORMATION TO SPONSOR AND ITS THIRD PARTY ADMINISTRATOR AND NOT TO ANY SOCIAL MEDIA SITE. THE INFORMATION YOU PROVIDE WILL BE USED AS PROVIDED BELOW IN THESE OFFICIAL RULES. Any questions, comments or complaints regarding the Sweepstakes should be directed to Sponsor, not to any social media site.

  1.             SWEEPSTAKES PERIOD: The Sweepstakes begins at 12:01AM Eastern Time (“ET”) on September 30, 2024 and ends at 11:59PM ET on October 15, 2024 (the “Sweepstakes Entry Period”). Entries must be received by the close of the Sweepstakes Entry Period to be eligible for the prize drawing. Administrator’s computer will serve as the official clock for the Sweepstakes.

 

  1.             ELIGIBILITY: Sweepstakes is open only to legal residents of fifty United States and the District of Columbia, who at the time of entry are 18 years of age or older (nineteen years of age or older in Nebraska and Alabama; twenty-one years of age or older in Mississippi). Employees, officers, and directors of Sponsor and its affiliated companies, parents or subsidiaries, Administrator, advertising and promotion agencies, distributors, agents, representatives, contractors, and any other company involved in the development or execution of the Sweepstakes (“Sweepstakes Entities”), and members of their immediate families (parent, child, sibling and their respective spouses) and same households, whether or not related are not eligible to enter or to win. 

 

  1.             ODDS OF WINNING: Odds of winning depend on total number of eligible Entries (defined below) received for the prize drawing. 

 

  1.             HOW TO ENTER: During the Sweepstakes Entry Period, an eligible entrant must follow the steps at https://gleam.io/aNMSQ/pennycake-Fall-giveaway (the “Sweepstakes Platform”) to receive one (1) or more entries into the Sweepstakes (each, an “Entry,” and more than one “Entries”):

 

There are 4 Entry Methods:

1) First, entrants must subscribe to the pennycake newsletter by following the entry instructions, providing the requested information, and submitting the completed form to receive four (4) Entries into the Sweepstakes (you may unsubscribe from pennycake promotional emails at any time) (the “Subscription Entry Method”);

After completing the Subscription Entry Method, these additional methods of entry become available as well:

2) Visit the pennycake website at https://pennycake.com/ through the Sweepstakes Platform to receive three (3) Entries into the Sweepstakes (if prompted, you must also follow the entry instructions, provide the requested information, and submit the completed form);

 

3) Visit the pennycake Facebook page at https://www.Facebook.com/pennycakeco (the “Facebook Page Method”) through the Sweepstakes Platform to receive two (2) Entries into the Sweepstakes; and

 

4) Visit the pennycake Instagram page at https://www.instagram.com/pennycake/ (the “Instagram Page Method”) through the Sweepstakes Platform to receive two (2) Entries into the Sweepstakes.

Maximum of 10 total Entries per entrant, regardless of the method of entry. Max 1 winner per household.

General Entry Terms: Sponsor has no obligation to advise an entrant of an incomplete or otherwise non-compliant Entry. Sponsor is not responsible for any delayed, misdirected, or incomplete Entry, which will be disqualified. Use of automated entry systems and tampering with the entry process or the operation of the Sweepstakes is prohibited and any Entries deemed by Sponsor, in its sole discretion, to have been submitted in this manner will be void. Entries generated by a script, macro, or other automated means will be disqualified. Receipt of any such Entry will not be acknowledged, and proof of submission of such an Entry will not be deemed proof of receipt. In the event of a dispute as to any Entry, the authorized account holder of the e-mail account or social media account used to enter will be deemed to be the entrant. The “authorized account holder” is the natural person assigned an e-mail address or social media account by an Internet access provider, online service provider or Social Media Site responsible for assigning the e-mail addresses or social media account. Each potential winner may be required to show proof of being the authorized account holder.

  1.     PRIZES: UP TO TEN (10) PRIZES WILL BE PROVIDED:

 

Ten (10) prize bundles, items selected in Sponsor’s sole discretion (Approximate Retail Value (“ARV”): $94.97 each);
 

Total ARV of all ten prizes: $949.70

 

Any difference between the ARV and actual value of a prize will not be awarded. Sponsor is not responsible for awarding more than the stated number of prizes. If, for any reason, more prize notifications are sent (or more claims are received), then Sponsor reserves the right to award the intended number of prizes through a random drawing from among all eligible prize claims received. All prizes may not be awarded if an insufficient number of eligible Entries are received.

Sponsor reserves the right, at its sole discretion, to substitute any prize, or portion thereof, with one of comparable or greater value. Prize is nontransferable and cannot be redeemed for cash. PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED, TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Sponsor will not replace any lost, mutilated, stolen, or destroyed prize. Each winner agrees to comply with all applicable terms, restrictions, and regulations that may be connected with any prize. All federal, state, and local taxes on the prize are the sole responsibility of the winner. All other costs and expenses not expressly set forth herein are the winner’s sole responsibility.

  1.             WINNER SELECTION AND NOTIFICATION:
    Total of up to ten (10) potential prize winners. Potential prize winners will be selected by Administrator after the Sweepstakes Entry Period in a random drawing from among all eligible Entries received during the Sweepstakes Entry Period, on or around October 18th, 2024. Entrants are eligible to win only one prize as described below. In the event an entrant is selected for multiple prizes, the entrant’s first selected Entry will be deemed the potential winner and alternate winners will be selected for the remaining prizes. Administrator’s decisions are final on all matters relating to the drawing.

Each potential prize winner will be notified based on information provided in the Platform Entry Method, which may include notification by email with instructions on how to redeem the prize. The potential winner must follow the instructions to redeem a prize within the required time period or the potential winner may be disqualified and the prize may be forfeited. A winning Entry may not be declared until verification of eligibility of the entrant as well as verification of compliance with these Official Rules. Please ensure that email settings are set up to allow for receipt of communications from Sponsor and Administrator. Sponsor and Administrator assume no responsibility for any entrant’s failure to receive notices due to spam, junk e-mail, or other security settings or for an entrant’s provision of incorrect or otherwise non-functioning contact information, undeliverable prize notification, any form of active or passive filtering by any email platform or social media platform, and/or for insufficient space in an entrant’s account to receive notifications and/or emails.

Potential winners must sign and return any required forms, including, without limitation, statements of eligibility, prize acceptance and liability and publicity release forms, and applicable tax forms (“Confirmation/Release”) to Sponsor within seven (7) days from the time the award notification was sent. The return of the above-mentioned forms within the allotted time shall be solely the responsibility of the potential winner; Sponsor and Administrator are not responsible for delays in delivery. If prize notification is returned as undeliverable or if a potential winner fails to comply with these Official Rules, cannot be reached by Sponsor (or its designee), or fails to return all of the required forms within the time specified, that potential winner may be disqualified, in Administrator’s sole and absolute discretion, the prize will be forfeited and a new potential winner will be selected, while time permits. Receipt of any prize offered in this Sweepstakes is conditioned upon compliance with any and all federal, state, and local laws and regulations. Any violation of these Official Rules by an entrant at the Sponsor's sole discretion will result in the entrant’s immediate disqualification from winning any prize or receiving any other privileges.

  1.             NOTE SOCIAL MEDIA SITES: Sponsor is not responsible for any changes or unavailability of any Social Media Site that may interfere with the Sweepstakes (including any limitations, restrictions, or conditions on Sponsor’s ability to use a Social Media Site for the Sweepstakes as set forth in these Official Rules that are not acceptable to Sponsor), in which case, Sponsor, in its sole discretion, may terminate or modify the Sweepstakes. Note that you must agree to comply with the applicable Social Media Site Terms of Service and Privacy Policy in order to participate in the Sweepstakes.

 

  1.             PUBLICITY AND MARKETING: Except where prohibited by law, submission of an Entry in the Sweepstakes constitutes permission to the Sponsor and its affiliates and those operating on its behalf to use the Entry, entrant’s name, image, biographical information, voice, statements, image, picture and likeness for purposes of administration of the Sweepstakes (including, posting each winner’s name on Sponsor social media channels) and in advertising and trade, worldwide in all forms of media now known or hereafter developed, in perpetuity, without further notice, approval, or compensation. Sponsor and its designees are not obligated to use any of the above mentioned information or materials, but may do so and may edit such information or materials, at Sponsor’s sole discretion, without further obligation or compensation. If you do not agree to these terms, you should not participate in the Sweepstakes.

 

  1.             CONDITIONS, RELEASE OF LIABILITY, AND DISCLAIMER OF WARRANTIES: Entrants agree to these Official Rules and the decisions of the Sponsor, and release the Sponsor and Sweepstakes Entities, from any and all liability, for loss, harm, damage, injury (personal or private), cost or expense whatsoever including without limitation, property damage, personal injury of any kind and/or death alleged to occur in connection with participation in the Sweepstakes, or acceptance, use or misuse of a prize, or use of any Entry as provided in these Official Rules. Winner further releases and agrees to indemnify the Sponsor, Administrator, and Sweepstakes Entities from all liability for any injury or damage caused by or claimed to be caused by participation in this Sweepstakes, or use or redemption of any prize awarded, including, but not limited to, any prize-related activity. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES AND LIMITATIONS OF LIABILITY, AS SUCH, TO THE EXTENT SUCH EXCLUSIONS ARE SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SOME OF THE EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.

Sweepstakes Entities have no responsibility for any damage to an entrant’s computer or any device that is directly or indirectly caused by entering the Sweepstakes or otherwise participating in the Sweepstakes, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, dropped or delayed computer transmissions or network connections that are human or technical in nature. Without limiting the generality of the foregoing, Sweepstakes Entities are not responsible for lost, interrupted, inaccessible, or unavailable networks, servers, Sweepstakes communications or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical or programming malfunctions, failures, or difficulties, printing errors, clerical, typographical or other error in the offering or announcement of any prize or in any prize notification documents, or other errors of any kind or nature; or for the incorrect or inaccurate capture of Entry or other information, or the failure to capture or the loss of any information. Sweepstakes Entities are not responsible for any incorrect or inaccurate information, whether caused by Sweepstakes entrants, tampering or hacking, or by any of the equipment or programming associated with or utilized in the Sweepstakes and assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to the Sweepstakes. 

The Sponsor reserves the right to correct clerical or typographical errors in promotional materials. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

If, for any reason, the Sweepstakes is not capable of running as planned by reason of, but not limited to, tampering, unauthorized intervention, fraud, technical failures, or any other causes which Sponsor or Administrator deems could corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Sweepstakes, Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify, or suspend the Sweepstakes and select the winner from eligible, non-suspect Entries received prior to the action or as otherwise may be deemed fair and equitable by Sponsor. Sponsor shall post notice of such action on the Sweepstakes Platform or Sponsor Social Media Site or as otherwise permitted under applicable law. Sponsor reserves the right in its sole discretion to permanently disqualify any person it believes has intentionally violated these Official Rules. SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND PURSUE ALL REMEDIES AGAINST ANY INDIVIDUAL, WHETHER OR NOT AN ENTRANT, WHO INTERFERES OR ATTEMPTS TO INTERFERE WITH THE OPERATION OF THE SWEEPSTAKES TO THE FULLEST EXTENT PERMITTED BY LAW.

  1.           DISPUTES AND GOVERNING LAW: To the maximum extent permitted by applicable law, these Official Rules and the interpretation of its terms shall be governed by and construed in accordance with the laws of the State of Georgia, without regard to any conflicts of law doctrines. All proceedings shall take place exclusively either in the United States District Court for the Northern District of Georgia, or Fulton County State Court located in Atlanta, Georgia.

Each entrant agrees that: (1) any and all disputes, claims, and causes of action arising out of, or connected with, this Sweepstakes or the acceptance, use or misuse of the prizes shall be resolved individually, without resort to any form of class action; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs, but in no event including attorneys' fees, disbursements or court costs; (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental and consequential damages, and any other damages other than for actual out-of-pocket costs; and (4) any right to a jury trial in any dispute, claim, or cause of action arising out of, or connected with, this Sweepstakes is hereby waived.

  1.           PRIVACY: By entering the Sweepstakes, each entrant agrees that each of its Entries and any other personally identifiable information collected in connection with the Sweepstakes may be used by the Sweepstakes Entities, and/or their affiliates, and Administrator for: (A) administration of this Sweepstakes, including but not limited to in connection with prize fulfillment; and (B) any purpose permitted by Sponsor’s privacy policy at https://www.pennycake.com/privacy-policy-cookie-restriction-mode-pennycake/ and/or Administrator’s privacy policy at https://gleam.io/privacy. 

 

  1.           WINNER NAMES: For the names of the winners, send a self-addressed envelope no later than sixty (60) days after the end of the Sweepstakes Entry Period to: Chick-fil-A, Inc., 5200 Buffington Rd. Atlanta, GA 30349, Attn: Pennycake Team, pennycake New Product Giveaway Promotion.

THIS PROMOTION IS IN NO WAY SPONSORED, ENDORSED, OR ADMINISTERED BY, OR ASSOCIATED WITH, FACEBOOK, INC., INSTAGRAM, INC., OR X CORP.

 

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