NO PURCHASE NECESSARY TO ENTER OR WIN.
1. SPONSOR: This Candy Corn Guessing Contest (the “Contest”) is sponsored by Shelby Sugar Shop, LLC and each of its affiliates (collectively, the “Sponsor”). It is marketed to visitors to Shelby’s Sugar Shop Stores (“Shelby’s Stores”) located in select shopping centers.
2. AGREEMENT TO RULES: By taking part in this Contest a participant (“You”, “Your” or “Contestant”) agrees to be bound by these Official Rules and all decisions of Sponsor relating to this Contest are final and binding. Further, You represent and warrant that You meet the eligibility requirements set out herein.
3. CONTEST SUMMARY: The Contest is being held at the Shelby’s Sugar Shop locations at Great Lakes Mall, Southern Park Mall, Town Center at Aurora, and Cottonwood Mall (each a “Shelby’s Store”) from 10:00 am on October 5, 2019 to 10:00 pm on October 31, 2019 (the “Contest Period”). During the Contest Period, each Shelby’s Store will have a large container filled with candy corn pieces in or near the store entrance (the “Candy Corn Container”). The goal of the contest is to guess the number of candy corn pieces in the Candy Corn Container.
Each person who submits an Entry pursuant to Section 5 is a contestant (“Contestant”). Each Contestant will have a chance to win a Prize described herein. There will be one (1) Prize available to be won. The Contestant who guesses the correct number of candy corn pieces in the Candy Corn Container may be declared a winner of a Prize. In the event of a tie or multiple correct answers or multiple submissions with the same number closest to the correct number of candy corn pieces, Sponsor shall conduct a draw to select a winner pursuant to Section 6.
4. ELIGIBILITY: A CONTESTANT MUST BE A NATURAL PERSON 18 YEARS OLD OR OLDER TO ENTER. VOID WHERE PROHIBITED BY LAW. The following are not eligible to participate in the Contest or win a Prize offered through the Contest, if during the Entry Period they were: (i) Sponsor, its parent companies, affiliates, subsidiaries, advertising and promotional agencies; (ii) respective officers, directors, employees and agents of the parties listed in (i); or (iii) members of the immediate family of, and people living in the same household with any individual listed in (i) and (ii). All decisions regarding eligibility to enter this Contest will be determined by the Sponsor in its sole discretion.
5. ENTRY: No purchase is necessary to enter the Contest. : To Enter, You must complete a digital entry form (“Entry”) at a Shelby’s Store. Entries that are incomplete or do not adhere to these Official Rules may be disqualified at Sponsor’s sole discretion. Entries must be received before the end of the Contest Period to be eligible for a Draw and to win a Prize. All submitted Entry Forms become the property of the Sponsor and will not be returned. You may only enter once. No other methods of entry will be accepted. The official time-keeping device is determined by Sponsor.
6. SELECTION: Sponsor will collect all Contest Submissions received at the Shelby’s Stores and a Sponsor representative will review all the Contest Submissions to select the Contestant that submitted the Contest Submission with the correct number of candy corn pieces in the Candy Corn Container (“Selected Contestant”); OR if none of the Contest Submissions contain the correct number of candy corn pieces, the Contest Submission with the number closest to the number of candy corn pieces in the Candy Corn Container will be selected to win a Prize. In the event of a tie or multiple submissions with the same number closest to the correct number of candy corn pieces, Sponsor shall conduct a draw to select a winner (the “Tie Breaker Draw”).
7. TIE BREAKER DRAW: If a Tie Breaker Draw is necessary to determine a Winner, such draw shall be conducted at 10:00 am on November 1, 2019. For clarity, if only one Contest Submission is correct or only one Contest Submission is closest to the correct number of candy corn pieces, then no Tie Breaker Draw will be necessary or conducted.
8. WIN NOTIFICATION/CLAIMING PRIZES: Within two (2) business days of the Draw, Sponsor will notify the Selected Entrant by email using the address provided on the Entry (the “Win Notification”). To be declared a Winner, Selected Entrant must
(a) respond to the Win Notification within seven (7) days and provide Sponsor with an email address where Sponsor may send a Winner Acceptance, Hold Harmless, Release and Consent form (“Release and Consent”) for Selected Entrant to complete; and (b) Selected Entrant must return the Release and Consent within seven (7) days of receipt from Sponsor. Selected Entrant will not be declared a winner until Sponsor has received a signed copy of the Release and Consent. The Prize will be delivered to Winner via mail at the address provided by Selected Entrant. If Selected Entrant cannot be contacted, is ineligible, fails to claim the Prize or fails to return the completed and signed Release and Consent as required within seven (7) days of the Win Notification, the Prize will be deemed forfeited and the Sponsor shall have the right not to award the Prize or award it to another eligible entrant. Sponsor shall have no liability for Selected Entrants failure to receive notices due to spam, junk e-mail, or other security settings or for Selected Entrant’s provision of incorrect or otherwise non-functioning contact information. Sponsor reserves the right to modify Prize redemption procedures in its sole discretion.
9. ODDS OF WINNING: If a Tie Breaker Draw is conducted, the odds of winning a Prize through the Tie-Breaker Draw will depend upon the number of Contest Submissions that are tied and submitted for drawing.
10. PRIZES: There will be one (1) prize available to be won (“Prize”). The Prize and its Approximate Retail Value (“ARV”) are set out below. Sponsor reserves the right, in its sole discretion, to substitute a prize or prizes of equal or greater value for the Prize. No other substitutions or cash equivalents allowed. The Winner is responsible for all federal, state and local taxes applicable to the acceptance and use of the Prize.
One (1) Nintendo Switch with an ARV of $299.
11. GRANT OF LICENSE(S): By accepting the Prize, Winner grants Sponsor the right to use Winner’s name, hometown, and likeness for advertising and promotional purposes, without additional compensation, in all media (except to the extent prohibited or limited by law).
12. DISPUTES: Sponsor, its agents and designees, shall have complete discretion over interpretation of these Official Rules, and Sponsor reserves the right, in its sole and absolute discretion, to disqualify any entry that violates the criteria stated herein. Any dispute, controversy or claim arising out of or relating to the Contest, or an entrant’s participation therein, or the use of any material, or these Official Rules, shall be governed by the laws of the State of Ohio, without regard to choice-of-law rules or principles.
13. DISQUALIFICATION: Sponsor reserves the right to disqualify any entrant suspected of submitting multiple or fraudulent entries or tampering with the entry process. Should Sponsor determine that an entrant has directly or indirectly tampered with the Contest in any manner, such entrant’s Entry will be disqualified and Sponsor may seek additional remedies/redress to the full extent as allowed by law. Persons who tamper with or abuse any aspect of this Contest, or act in any manner to threaten or abuse or harass any person, or violate these Official Rules, as solely determined by Sponsor, will be disqualified.
14. FORCE MAJUERE: If, for any reason, the Contest (or any part thereof) is not capable of proceeding as planned by reason of infection by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical failures, fire, flood, storm or other natural cataclysm, riot, strike, civil commotion, governmental regulation or any other causes beyond the control of Sponsor which, in the sole opinion of Sponsor, corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest (or any part thereof), Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Contest and conduct the judging and select the prize winner in a manner which is fair, equitable and in accordance with these Official Rules, as determined by Sponsor in its sole discretion. Failure of Sponsor to enforce any provision of these Official Rules shall not constitute the waiver of such provision.
15. INDEMNIFICATION/LIABILITY: You release and agree to hold harmless Sponsor, Sponsor’s parent companies, affiliates, subsidiaries, agencies and the directors, officers, agents, shareholders, representatives, employees, successors and assigns of any of the above entities (the “Protected Parties”), from any and all liability associated (directly or indirectly, in whole or in part) with the Your participation in the Contest or any Contest-related activity, including, but not limited to Your receipt, acceptance, possession or use/misuse of the Prize. The Protected Parties are NOT responsible for: (i) lost, late, misdirected, delayed, incomplete or inaccurate Entries; (ii) internet service provider, website, or other connectivity, availability or accessibility issues (including those resulting in failed or misdirected transmissions); (iii) computer hardware or software malfunctions, failures or difficulties; (iv) inaccurate information relating to an Entry or Contestant, whether caused by the entrant or tampering, hacking; (v) incorrect, damaged, illegible, incomplete, mutilated, spoiled, destroyed, stolen, misplaced, lost, late, misdirected or incomplete Entry Forms, notifications, responses, replies, or (vi) any other difficulties of any kind, whether human, mechanical, electronic, computer, network, typographical or otherwise, relating to or arising in connection with the Contest and the Draws. If for any reason the internet-related portions of the Contest are not capable of running as planned, Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Contest (or any portion of the Contest) and, if terminated, to determine the winner, if any, from among all eligible, non-suspect entries received up to the point of termination. The Sponsor is not responsible for any injury or damage resulting from Your participation in this Contest. In no event shall the Sponsor be liable for an amount greater than the value of the Prize stated in these Terms and Conditions.
16. CANCELLATION. Sponsor may rescind, cancel, amend or revoke the Contest and/or these Official Rules, in whole or in part and without notice.
17. OFFICIAL RULES AND LIST OF WINNERS REQUEST: These Official Rules will be accessible through the Sponsor website. Please visit Sponsor website for a copy of these Official Rules and the Winners List or visit any Sponsor Location.