Rules

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED. BY ENTERING, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE SPONSOR (DEFINED BELOW) FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES. THIS CONTEST IS IN NO WAY ENDORSED BY OR ADMINISTERED WITH, FACEBOOK. YOU UNDERSTAND THAT YOU ARE PROVIDING YOUR INFORMATION TO SPONSOR AND NOT TO FACEBOOK.
ELIGIBILITY
The TCBY Joy to the Swirl Video Contest (the "Contest ") is open only to legal residents of the 50 United States and the District of Columbia who are at least eighteen (18) years old and the age of majority in their state of residence at the time of entry. Employees of Mrs. Fields Famous Brands, LLC dba TCBY, its respective parents, subsidiaries, related and affiliated entities, suppliers, as well as the immediate family (spouse, parents, siblings and children) and household members of all parties are not eligible. The Contest is subject to all applicable federal, state, and local laws and regulations. Void where prohibited. Participation constitutes entrant's full and unconditional agreement to these official Contest rules (the “Official Rules”) and Sponsor's decisions, which are final and binding in all matters related to the Contest. Winning a Prize is contingent upon fulfilling all requirements set forth herein.
SPONSOR
Mrs. Fields Famous Brands, LLC, a Delaware limited liability company, dba TCBY (“Sponsor”), 8001 Arista Place, Suite 600, Broomfield, CO 80021.
CONTEST PERIOD
The Contest begins at midnight Eastern Time (“ET”) on November 14, 2013 and ends at midnight ET on December 23, 2013 (“Promotional Period”). Entrants may submit entries and vote for entries during the Promotional Period only.
TO ENTER
No purchase necessary to enter or win. During the Promotional Period, visit the TCBY page on Facebook at http://www.facebook.com/tcby (the “TCBY Page”) and click on the “Joy to the Swirl” tab to access the Joy to the Swirl application (the “App”) on the TBCY Page. Follow the online instructions to enter the Contest by inputting your legal name, email address, full address of your legal residence, phone number, and URL to YouTube of your own original “Joy to the Swirl” video as indicated on the App for a chance to win a prize (“Prize”). To enter from a mobile device, click here and follow the instructions above. No limit on the number of entries during the Promotional Period, provided however, entries made by anyone other than an individual, and/or originating at any commercial web site or e-mail address, including, without limitation, commercial contest/contest subscription notification and/or entering service sites, will be declared invalid and disqualified. You may be asked to consent to receive promotional emails and reminder emails from TCBY, however, consenting to receive promotional or reminder emails is optional and does not have to be agreed upon in order to be eligible for the Contest and does not improve your chances of winning. Personal information collected in connection with this Contest may be used in accordance with the TCBY Privacy Policy, available at http://tcby.com/privacy-policy/. As a condition of entering the Contest, each entrant gives consent for Sponsor to obtain and deliver his or her name, address and other information to third parties for the purpose of administering this Contest and complying with all applicable laws, regulations and rules. All entries must be received by Sponsor by the deadlines or they will be void. Any entrant selected as a potential winner must comply with all terms and conditions set forth in these Official Rules and winning is contingent upon fulfilling all such requirements.
VOTING FOR WINNERS
Voting runs concurrent with the Promotional Period. By participating in the voting portion of the Contest, each voting participant agrees to be bound by these Official Rules. To vote, visit the TCBY page on Facebook at http://www.facebook.com/tcby (the “TCBY Page”) and click on the “Joy to the Swirl” tab to access the App. In the App, click on the “View & Vote” tab to view the entries. When you view a specific entry, you will be given the option to vote for that entry. Voting is limited to twenty-five (25) votes per day per Facebook account. Votes not received by the deadline will be void.
WINNER SELECTION
Following the close of the Promotional Period, three winners will be selected based upon highest number of online votes received. In the event of a tie, Sponsor will break the tie through a drawing. If the voting process fails to operate properly or is tampered with, Sponsor reserves the right, in its absolute and sole discretion, to select Winners by random drawing from among those entries submitted during the Promotional Period.
WINNER NOTIFICATION
The potential winners will be notified on or around January 6, 2014 by phone and/or email provided at the time of entry, at Sponsor’s discretion. If Sponsor notifies the potential winners via email, failure to respond to the initial verification email within three (3) business days after transmission to the potential winners or return of the email notification as undeliverable after two (2) attempts will result in disqualification and award of the prize to an alternate winner. If Sponsor notifies the potential winners via telephone, failure to respond within three (3) business days will result in disqualification and award of the prize to an alternate winner. Alternate winners(s) similarly will be notified until three winners (“Winners”) respond. The Winners must be 18 years or older as they will be required to execute an Affidavit of Eligibility, Liability/Publicity Release (where legal) and an Assignment of Rights (collectively, the “Prize Acceptance Documents”) within five (5) days of notification or prize will be forfeited. In the event of any dispute concerning the identity of any entrant, the entry will be deemed submitted by the natural person who is the authorized holder of the transmitting email account. The "authorized account holder" is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address.
PRIZES AND APPROXIMATE RETAIL VALUES ("ARV")
On or around December 23, 2014, three Winners will be selected, as outlined in these Official Rules, to receive a $50 TCBY gift card and an iPod Shuffle (the “Prize”). The approximate retail value of each Prize is $100. Prize award is subject to verification of eligibility and compliance with these Official Rules.
The Winners are responsible for all federal, state, and local taxes, if applicable, associated with the prize receipt and/or use. All other expenses and costs not expressly listed above are the Winners’ sole responsibility. No transfer, substitution or cash equivalent by the Winners is permitted except as otherwise stated herein. Sponsor reserves the right, in its sole discretion, to substitute the prize with one of comparable or greater value. The Winners are strictly prohibited from selling, auctioning, trading or otherwise transferring any part of the prize, except in Sponsor's sole discretion. The prizes are non-transferable and no substitution will be made except as provided herein at the Sponsor's sole discretion.
ENTRY REQUIREMENTS
Any video or other content contained in an entry that, in Sponsor’s sole and absolute discretion, (i) is obscene, profane, lewd or defamatory; (ii) violates or infringes (or may infringe) any copyright, trademark, logo, mark that identifies a brand or proprietary right of any person living or deceased (including but not limited to rights of privacy or publicity or portrayal in a false light) or entity; (iii) includes anti-social content, a commercial solicitation or promotional materials, or address, phone number, or URL address; (iv) does not meet the requirements outlined in these Official Rules; or (v) is otherwise objectionable, will not be considered and Sponsor may disqualify the entry. Each entrant grants to Sponsor and its affiliates, subsidiaries, assigns, licensees, sublicensees, agents and representatives a worldwide, royalty-free, unrestricted, perpetual, non-exclusive right and license to copy, distribute, transmit, publish, edit, exhibit, disseminate, display, reproduce, create derivative works from and use in any way, throughout the universe and in perpetuity, each entry, and any reproductions or derivative works thereof, through any and all manners, formats or media now known or hereafter devised (including on websites owned or controlled by Sponsor, its affiliates or anyone acting on Sponsor’s authority), for any and all lawful purposes, and agrees to execute documents, instruments or agreements confirming such right and license at Sponsor’s reasonable request. Any entry deemed inappropriate or unsuitable, in Sponsor’s sole and absolute discretion, will be disqualified at any time during the Promotional Period. Sponsor has the sole and absolute discretion to determine whether an entry is suitable or not. Entries must not be offensive, obscene, profane, lewd or defamatory as determined by Sponsor in its sole and absolute discretion. Normal internet access and usage charges imposed by entrants’ online service will apply. No information regarding entries, other than as otherwise set forth in these Official Rules will be disclosed.
RELEASE
Except where prohibited, participation in the Contest constitutes Winners’ consent to Sponsor's and its agents' use of Winners ’s name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration. By entering this Contest , each entrant agrees to release, indemnify and hold harmless Sponsor and its respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and each of their respective parent companies and each such company's officers, directors, employees and agents (collectively, the "Released Parties") from and against any claims, damages, attorneys' fees, costs of litigation and settlement or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Contest , receipt or use or misuse of any prize. The Released Parties are not liable to the Winners, an entrant or any person claiming through such Winners or entrant for failure to supply the prize or any part thereof, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulations(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal) labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond Sponsor's sole control. Released Parties assume no responsibility and will not be liable for any of the following, whether caused by Released Parties, the entrant, or by human error: lost, late, incomplete, or misdirected entries or postage-due mail; address changes of entrants or entries not received in accordance with these Official Rules; technical, hardware or software malfunctions of any kind, or unavailable network or Internet service provider connections; failed, incorrect, inaccurate, incomplete, garbled, or delayed electronic communications; errors, typos or misprints in these Official Rules, in any Contest-related advertisements or other materials; failures of any of the equipment or programming associated with or utilized in the Contest; unauthorized human and/or mechanical intervention in any part of the entry process or the Contest; technical or human error which may occur in the administration of the Contest or the processing of entries; or any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant's participation in the Contest or receipt or use of any prize. If for any reason an entrant's entry is confirmed to have been erroneously deleted, lost or otherwise destroyed or corrupted, entrant's sole remedy is another entry in the Contest.
GENERAL CONDITIONS
Sponsor reserves the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor's reasonable control impairs the integrity or proper functioning of the Contest, as determined by Sponsor in its sole discretion. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Sponsor anticipates that this Contest will continue as outlined above during the Promotional Period but reserves the right to cancel, suspend, and or modify the Contest or any part of it at any time.
LIMITATIONS OF LIABILITY
By participating, entrants agree to be bound by these Official Rules and the decisions of the Sponsor which are final and binding in all respects. 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 Contest will be governed by and construed in accordance with the internal laws of the State of Colorado, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state's laws. BY ENTERING THE CONTEST , ENTRANT AGREES THAT: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE CAMPAIGN OR CONTEST, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED, (IF ANY), NOT TO EXCEED $100, BUT IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT-OF-POCKET EXPENSES NOT TO EXCEED $100, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANT'S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
MISCELLANEOUS
The invalidity or unenforceability of any provision of these Official Rules or the Prize Acceptance Documents will not affect the validity or enforceability of any other provision. In the event that any provision of the Official Rules or the Prize Acceptance Documents is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. entrants agree to waive any rights to claim ambiguity of these Official Rules. Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof.
DISCLOSURE OF WINNERS
For a list of winners, send a self-addressed, stamped envelope for receipt by January 20, 2014 to: TCBY Joy to the Swirl Contest, 8001 Arista Place, Suite 600, Broomfield, CO 80021.
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