The Drake’s™ Cakes Merchandise Giveaway (the "Giveaway") is sponsored by McKee Foods Corporation ("Sponsor"). Sponsor, its subsidiaries and affiliates, and any other companies or agencies associated with the Giveaway (such as advertising, promotion, fulfillment or judging agencies), together, hereinafter will be referred to as the "Giveaway Entities."
Participation in the Giveaway constitutes the entrant's ("you" or "your") full and unconditional agreement to and acceptance of these Official Rules, including the decisions and interpretations of Sponsor and/or the judges, which are final and binding on all matters relating to the Giveaway.
1. NO PURCHASE OR TRANSACTION IS NECESSARY TO ENTER OR WIN. A purchase will not increase your chances of winning. Maximum one (1) entry per person/Facebook account per day of the Giveaway Period (as defined below).
2. Giveaway Dates: The Giveaway begins on Monday, March 3, 2014, at 12:00 PM Eastern Time ("ET") (the "Giveaway Start Date") and ends on Friday, June 27, 2014, at 11:59 AM ET (the "Giveaway End Date"). The period from the Giveaway Start Date through the Giveaway End Date is referred to as the "Giveaway Period." There will be seventeen (17) “Weekly Entry Periods.” Except for the initial week, which will begin at 12:00 PM ET on Monday, March 3, 2014, and run until 11:59 PM ET on Sunday, March 9, 2014, and the last week, which will begin at 12:00 AM ET on Monday, June 23, 2014 and end at 11:59 AM ET on Friday, June 27, 2014, each Weekly Entry Period will run from 12:00 AM ET Monday through 11:59 PM ET the immediately following Sunday ("Weekly Entry Period"). Sponsor's designated computer is the official time clock for the Giveaway.
3. Who Can Enter: The Giveaway is open to all legal residents of the 50 United States and the District of Columbia who are 18 years old or older (19 years old or older for Alabama and Nebraska residents) at the time of entry. Void elsewhere and where prohibited. Employees of Facebook, Inc., and employees of the Giveaway Entities and the immediate family members [defined as parents, parents-in-law, children, siblings, and spouse (including common law), regardless of where they reside] of each employee are not eligible to enter the Giveaway or win Giveaway prizes. Any other persons with whom such employees are domiciled are also not eligible to enter the Giveaway or win Giveaway prizes.
4. How To Enter: To enter the Giveaway, visit The Drake’s™ Cakes Facebook page by taking the following steps:
1) visit www.facebook.com, and either log in or create a free Facebook account if you do not already have one (please note that you must agree to Facebook's terms and conditions),
2) visit the Drake's™ Cakes Facebook page at www.facebook.com/drakes and become a fan of our page, and
3) click on the Giveaway tab, and enter the Giveaway by completing the online entry form in its entirety (which will include your full name, full address, city, state, phone number and age) and agreeing to the Official Rules.
There is no fee for entrants to obtain a Facebook account.
5. Selection of Winners: A series of random drawings for the Weekly Prize Winners will be held each week beginning on or about Monday, March 10, 2014, from all eligible entries received during each Weekly Entry Period and from all non-winning entries received during previous Weekly Entry Periods. Limit one prize per person/household during the entire Giveaway Period. Odds of winning depend upon the number of eligible entries received during the Giveaway Period.
6. Prizes: There will be seventeen (17) Weekly Prizes (1 winner per Weekly Entry Period). Each Weekly Prize Winner will receive one (1) promotional item of Drake’s™ Cakes merchandise to include one of the following: T-shirt (M, L, XL, 2XL); Polo shirt (M, L, XL, 2XL); Hat (orange or blue); water bottle; Travel mug; and Drake’s™ products. ARV of each Weekly Prize: value varies, but up to $50 per giveaway.
Total ARV of all prizes is up to $850. Any taxes on prizes are the responsibility of the winner. Prizes are non-transferable. No prize substitution or cash redemption, except at Sponsor's sole discretion or as otherwise provided herein. Sponsor reserves the right to substitute alternative prizes of greater or equal value if for any reason the prize becomes unavailable. Any difference between the stated ARV and the actual ARV will not be awarded.
7. Awarding of Prizes: If your entry has been drawn as a Weekly Prize Winner, you will be contacted by telephone, email or direct Facebook message, per the contact information indicated in your online entry form to confirm your entry and eligibility within two (2) weeks of the applicable drawing for the Weekly Prize Winner.
To be confirmed a winner of any prize, you may be required to complete and return an affidavit of eligibility and release form before being awarded your prize. If a winner does not meet all eligibility requirements, has not complied with these Official Rules, cannot be contacted, does not respond within seven (7) days from the date Sponsor first tries to notify him/her, and/or the prize or prize notification is returned as undeliverable, such winner forfeits all rights to claim or receive the prize and an alternate winner will be selected. By accepting any prize, winner acknowledges compliance with these Official Rules.
Prizes will be mailed through the U.S. Postal Service or other ground delivery method to the street address indicated on the winner's entry form by July 18, 2014, provided that the winner's confirmation of notification is received by that date. If the prize is undeliverable, the prize will be forfeited. PRIZES ARE AWARDED AS IS AND WITHOUT CONDITION, WARRANTY, GUARANTEE OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE).
9. Publicity: Acceptance of a prize constitutes permission for the Giveaway Entities to use the winner's name, likeness, voice and comments for advertising and promotional purposes worldwide in any media without limitation and without additional compensation unless prohibited by law.
10. Disqualification: The following are prohibited and will result in automatic disqualification from the Giveaway: (1) using any method that artificially increases odds of winning, including without limitation Internet bots, web robots, www robots or any other type of bots; (2) non-compliance with these Official Rules; and (3) any other act which the Giveaway Entities determine, in their sole discretion, jeopardizes the integrity of the Giveaway.
11. Winners’ List: The names of the winners will be posted on the Drake’s™ Cakes Facebook page.
12. Arbitration/Choice of Law: Except where prohibited by law, participants agree that any and all disputes, claims and causes of action arising out of or connected with this Giveaway shall be resolved exclusively by arbitration pursuant to the Rules of the American Arbitration Association then effective, and any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred by entrant with regard to this Giveaway, excluding in all events attorneys’ or other related fees and punitive, exemplary, incidental, consequential or other damages. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrants and Sponsor in connection with the Giveaway shall be governed by and construed in accordance with the laws of the State of Tennessee, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of Tennessee or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision so long as the general intent of these Official Rules remains in effect. In the event that any such provision is determined to be invalid or otherwise unenforceable, these Official Rules shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein.
13. General Terms and Conditions: This Giveaway is void where prohibited by law. The Giveaway is subject to all applicable federal, state, and local laws and regulations. The Giveaway Entities reserve the right to terminate or withdraw the Giveaway at any time, by posting a notice on the Drake's™ Cakes Facebook Page. If the Giveaway is terminated before the Giveaway End Date, Sponsor will determine winners in a random drawing from all eligible entries received as of the termination date. By participating in the Giveaway, each participant agrees to release and hold harmless Facebook, Inc. and the Giveaway Entities and each of their respective employees, officers, affiliates, parents, subsidiaries, directors, shareholders, agents and legal advisors (collectively the "Released Parties") from any and all losses, damages, rights, claims and actions of any kind in connection with the Giveaway or resulting from acceptance, possession or use of any prize, including, without limitation, any personal injury, death or property damage. Under no circumstances shall any of the Released Parties have any liability or responsibility for: (1) incorrect or inaccurate entry information, or faulty, failed, garbled or jumbled electronic data transmissions; (2) any unauthorized access to, or theft, destruction or alteration of entries at any point; (3) any technical malfunction, failure, error, omission, interruption, deletion, defect, delay in operation or communications line failure, regardless of cause, with regard to any equipment, systems, networks, lines, satellites, servers, computers or providers utilized in any aspect of the Giveaway; (4) inaccessibility to or unavailability of the Internet or a Giveaway site or any combination thereof; (5) any injury or damage to a participant’s or to any other person's computer, tablet, mobile device or other electronic device that may be related to or result from any attempt to participate in the Giveaway or download any materials in the Giveaway; or (6) any typographical error or other error in these Official Rules or in any other communication relating to the Giveaway. All entries become the property of Giveaway Entities.
Sponsor: McKee Foods Corporation, Collegedale, Tennessee
Any questions, comments or complaints regarding the Giveaway should be directed to Sponsor, not Facebook.