Girl Scout Share Your Yay! 2021 Cookie Sweepstakes Official Rules
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE OR PAYMENT WILL NOT INCREASE OR IMPROVE CHANCES OF WINNING. VOID WHERE PROHIBITED.
1. Sweepstakes Description
The Girl Scout Share Your Yay Sweepstakes (“Sweepstakes”), sponsored by the Girl Scouts of the United States of America (“Sponsor”), allows eligible individuals (“Entrants”) to enter into the Sweepstakes. One winner who has complied with all terms and conditions of these Official Rules (the “Prize Winner”) will be randomly selected by Sponsor from the Entrants.
2. Sweepstakes Period
Sponsor begins accepting entries to the Sweepstakes on February 8, 2021 at 12:00 a.m. ET and stops accepting entries on March 7, 2021 at 11:59 p.m. ET (“Sweepstakes Period”). Sponsor's clock is the official clock and sole determinant for the purposes of determining the validity of an entry in the Sweepstakes.
The Sweepstakes is open only to legal residents of one of the fifty (50) states of the United States, the District of Columbia, or Puerto Rico. The Sweepstakes is void where prohibited by law. The Sweepstakes is not open to any employees, directors, or officers of Sponsor or of Sponsor's subsidiaries, or affiliated councils, and the immediate family members (defined as spouse, parent, child, sibling, and their respective spouses, regardless of where they live) and household members (whether related or not) of such employees. An individual is not authorized to participate in the Sweepstakes if they are not located within the 50 states of the United States, the District of Columbia or Puerto Rico. All entries by Entrants under 13 years of ages, must be submitted by a parent or legal guardian on behalf of such Entrants. If the Entrant is under eighteen (18) years of age (or under nineteen (19) years of age in Nebraska and Alabama), they must have parental approval to enter the contest and claim the Prize, which includes the Prize Winner’s parents or guardian providing permission to use the Submission and providing a publicity release consistent with these Official Rules.
4. How to Enter
During the Sweepstakes Period, Entrants may enter the Sweepstakes by tagging @girlscouts, uploading a photo of something that brings joy to the Entrant or of something the Entrant does to bring joy to others to a valid Instagram or Twitter account marked as “public” (“Account”), and using the unique hashtag #YaySweepstakes (each such entry, a “Submission”). Using the hashtag #YaySweepstakes in Entrant’s Account post constitutes Entrant’s unconditional acceptance of these Official Rules.
All Accounts are free. If an Entrant does not have an Account, Entrant can create one at no cost by visiting https://www.instagram.com/accounts/emailsignup/?hl=en or https://www.twitter.com. Entrants must agree to comply with all terms of service and policies of Instagram, LLC and Twitter, Inc. (each a “Sweepstakes Platform”) to participate in the Sweepstakes.
By participating in the Sweepstakes, Entrant understands they are providing information to Sponsor and not the Sweepstakes Platform. Entrant specifically agrees to release the Sweepstakes Platform from any and all liability associated with the Sweepstakes. The Sweepstakes is in no way sponsored, endorsed or administered by, or associated with the Sweepstakes Platform or its affiliates. `
Message and data rates may apply if an Entrant enters the Sweepstakes on his/her mobile device. Not all mobile telephone / wireless providers carry the service necessary to participate in the Sweepstakes. Entrants should consult their wireless provider's pricing plans. Mobile entry is not required to enter or win.
By uploading a Submission, Entrant agrees that the Submission conforms to the Submission Guidelines (as defined below) and that Sponsor, in its sole discretion, may disqualify a Submission from the Sweepstakes if it believes that the Submission fails to conform to the Submission Guidelines. In the event of a dispute as to any registration, the authorized Account holder used to register will be deemed to be the Entrant. Each potential Prize Winner may be required to show proof of being an authorized Account holder.
No use of automatic, programmed, or like methods of entry (e.g. bots or scripts) is permitted. All Submissions become the sole and exclusive property of Sponsor, and receipt of Submissions will not be acknowledged or returned. Sponsor is not responsible for lost, late, illegible, stolen, incomplete, invalid, unintelligible, misdirected, technically corrupted or garbled Submissions, which will be disqualified, or for problems of any kind whether mechanical, human or electronic. Only fully completed Submissions are eligible. Proof of submission will not be deemed to be proof of receipt by Sponsor.
Submission Guidelines: Submissions cannot: (a) be sexually explicit or suggestive, violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, contain or reference nudity or any materially dangerous activity; (b) promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message; (c) be obscene or offensive, endorse any form of hate or hate group; (d) contain or reference trademarks, logos (except Sponsor’s) or trade dress owned by others, or advertise or promote any brand or product (except Sponsor’s) of any kind, without permission, or contain any personal identification, such as license plate numbers, personal names, email addresses or street addresses; (e) contain copyrighted materials owned by others without permission, such permission to be provided to Sponsor upon request; (f) contain materials embodying the names, likenesses, or other indicia identifying any person, living or dead, without permission, such permission to be provided to Sponsor upon request; and (h) found to be copies of other Submissions previously entered in the Sweepstakes or to contain content plagiarized from other websites and/or publications.
By entering a Submission the Entrant warrants and represents that: (a) it has not been previously published; (b) it has not received previous awards; (c) it does not infringe the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity; (d) the other participants depicted in the Submission, if any, have given written consent to its entry into the Sweepstakes and use as contemplated by these Official Rules (or their parent’s or legal guardian’s written consent if individuals are minors), and Entrant shall provide any such written consents to Sponsor upon request; and (e) publication of the Submission via various media including posting in social media, will not infringe on the rights of any third party.
Any Submission that, in the sole opinion of Sponsor, is inappropriate for publication or inclusion in the Sweepstakes for any reason will be disqualified from the Sweepstakes.
Limit: Each Entrant may submit one Submission per calendar day during the Sweepstakes Period (“Sweepstakes Entry Limit”). Any Submissions that exceed the Sweepstakes Entry Limit will be disqualified, and only the first Submission Sponsor receives from each Entrant on a given calendar day will be accepted.
5. Winner Determination
Four (4) potential Prize Winners in all will be selected at random by Sponsor from among the eligible Entrants who entered the Sweepstakes during the Sweepstakes Period, one (1) each week of the Sweepstakes Period. The first potential Prize Winner will be randomly selected on February 15, 2021, and subsequent potential Prize Winners randomly selected every seven days after on February 22, March 1, and March 8, 2021. Each potential Prize Winner will be notified via direct message through the Sweepstakes Platform, within two (2) business days of selection. Upon notification, the potential Prize Winner will have two (2) business days to claim their Prize with an email response to email@example.com. If the potential Prize Winner cannot be contacted within two (2) business days of first notification attempt, if Prize or Prize notification is returned as undeliverable, if the potential Prize Winner rejects the Prize, or in the event of noncompliance with these Official Rules, the Prize will be forfeited and a new potential Prize Winner will be selected at random by Sponsor from among the eligible Entrants. Upon Prize forfeiture, no compensation will be given.
ALL POTENTIAL PRIZE WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR. AN ENTRANT IS NOT A PRIZE WINNER UNLESS AND UNTIL ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE.
Odds of winning depend on the total number of eligible Submissions received during the Sweepstakes Period. By entering the Sweepstakes, each Entrant fully and unconditionally agrees to be bound by these Official Rules and the decisions of Sponsor, which will be final and binding in all matters relating to the Sweepstakes.
6. Prize and Approximate Retail Value
There will be four (4) Prize Winner for this Sweepstakes, each receiving a one (1) year supply, equal to 52 boxes, of Girl Scout Cookies (the “Prize”). The approximate retail value of each Prize is $260.00. The Prize Winner should please allow four (4) weeks for delivery. Certain Girl Scout cookies are not distributed in all areas of the United States. The Prize is subject to market availability and Sponsor reserves the right to substitute a prize of equal or greater value in its sole discretion. The Prize is not transferable, assignable or redeemable for cash. The Prize is limited to that specified above; all other unspecified costs, fees, and expenses associated with the Prize award, receipt, and use are solely the responsibility of the Prize Winner. Any and all federal, state and local taxes on the Prize, if any, are the sole responsibility of the Prize Winner.
Everything regarding this Sweepstakes, including Prize components, is provided “as is” without any warranty, representations, expressed or implied, in fact or in law, relative to the quality, conditions, fitness or merchantability of any aspect of the Prize.
Sponsor reserves in its sole discretion the right to suspend, withhold, modify or terminate any aspect of the Prize at any time, should Sponsor determine that the Prize Winner or the parent or legal guardian of a Prize Winner violates the values of the Girl Scouts, Girl Scout Promise, or Girl Scout Law.
7. Official Clock and Use of Internet
Sponsor’s computer will be the official clock for the Sweepstakes. Sponsor, Sponsor’s subsidiaries and affiliates, and their respective advertising, promotion, or production agencies are not responsible for technical, hardware, software, or telecommunications malfunctions of any kind; lost or unavailable network connections; failed, incorrect, incomplete, inaccurate, garbled, or delayed electronic communications caused by the sender; or by any of the equipment or programming associated with or utilized in this Sweepstakes which may limit the ability to participate (including but not limited to defects/errors/malfunctions), or by any error that may occur in the entry process or the Sweepstakes. Without limiting the foregoing, neither Sponsor nor any affiliated entity is responsible for electronic communications/emails not received due to email filtering, virus protection, other protective devices/apparatuses, or any other cause.
Without limiting the foregoing, for any reason (including but not limited to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other cause beyond the control of Sponsor, which corrupts or affects the administration, security, fairness, integrity, or proper conduct of this Sweepstakes, and renders the Sweepstakes incapable of being conducted as described in these Official Rules), Sponsor shall have the right, at its sole discretion, to cancel, terminate, modify, or suspend any aspect of the Sweepstakes or Prize, in whole or in part, at any time. including if Sponsor determines that the Prize Winner or Prize Winner’s parent or legal guardian’s conduct violates the values of the Girl Scouts, Girl Scout Promise, or Girl Scout Law. In such event, Sponsor shall make the Prize available in a manner determined by Sponsor in its sole discretion to be fair, appropriate, and consistent with the spirit of these Official Rules. Notice of such action by Sponsor will be posted on the GSUSA website.
8. Intellectual Property and Grant of License
By using the hashtag #YaySweepstakes on Entrant’s post, or emailing a Submission, Entrant grants to Sponsor, its subsidiaries, Girl Scout councils, agents and its licensees a royalty-free, non-exclusive, perpetual, worldwide, irrevocable license rights to use Entrant’s name, Submission (including the Entrant’s Sweepstakes Platform post tagged with #YaySweepstakes, picture, likeness, voice, and biographical information (“Promotional Content”), for advertising and promotional purposes including in any publicity, promotion, or advertising in any form of media, including website (collectively, “Media Accounts”) without further compensation or notification to, or review or permission of Entrant and/or any third party, to the extent allowed by law. Submissions may be cut, edited, reformatted, rearranged, combined with other material and/or otherwise modified, in Sponsor’s sole and absolute discretion.
Entrant also waives any right to inspect or approve any such use of their Submission, moral rights, or rights to attribution. Entrant agrees, where permitted by law, to sign any documents necessary to affect this license grant. Entrant understands and agrees that display or publication of their Submission by Sponsor does not indicate that the Entrant who submitted a particular Submission will be selected as a Prize Winner, and Sponsor will not be required to pay any additional consideration or seek any additional approval in connection with such use.
By entering a Submission, Entrant agrees that Sponsor may post their Promotional Content on any and all Media Accounts, and that Sponsor may publicize information about Entrant or the Prize Winner. Sponsor may also use an Entrant's personal data, such as their name and e-mail address for Sponsor’s marketing communications. To opt-out or unsubscribe from receiving future promotion communications from Sponsor, please write to Sponsor at 420 Fifth Avenue, New York, NY 10018-2798.
By entering a Submission, Entrant agrees to release, discharge, indemnify, and hold harmless Sponsor, Girl Scout councils, the Sweepstakes Platform, and their respective parents, subsidiaries, affiliates, related companies, advertising and promotion agencies, and the directors, officers, employees, shareholders, and agents (“Indemnitees”) of each from and against any liability, injury, death, loss or damages to Entrant or any person or entity, including without limitation damage to personal or real property, caused in whole or in part, directly or indirectly, by reason of their participation in the Sweepstakes (or related activities), their acceptance, possession, or use/misuse of the Prize, or from any delay in receiving the Prize and/or any subsequent prize, if applicable. Entrant’s obligations to indemnify Indemnitees include actions arising (a) from any allegation that an Entrant’s Submission infringes or otherwise violates the copyright, trademark, trade secret, or other intellectual property or other rights of any third party or violates a Submission Guideline, or (b) from any other violation of these Official Rules.
By entering a Submission, Entrants agree that they have no right to bring (and covenant not to bring) any claim, action, or proceeding of any kind or nature whatsoever against Indemnitees in connection with this Sweepstakes. Entrants acknowledge and agree that Indemnitees do not have now, nor shall any of them have in the future, any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the non-infringement or protection of any copyright, trademark, patent, or any other claimed right or interest in the Submission.
11. Limitation of Liability
Indemnitees are not responsible for: (a) lost, late, damaged, destroyed, delayed, stolen, misdirected, incomplete, or illegible entries, or entries received through impermissible or illegitimate channels, all of which will be disqualified; (b) technical failures of any kind, including but not limited to the malfunctioning of any telephone, computer online systems, computer equipment, website, server provider, network, hardware, or software; (c) the unavailability or inaccessibility of any website or service; (d) unauthorized intervention in any part of the entry process or the Sweepstakes; or (e) printing, typographical, electronic, or human errors which may occur in the offer or administration of the Sweepstakes or the processing of entries. Entrant agrees that any and all claims, judgments, and awards shall be limited to actual out of pocket costs incurred, including costs associated with entering the Sweepstakes but in no event attorneys' fees or mediation related costs; and Entrant waives all rights to claim any punitive, incidental, consequential, and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT OF THE LAW (AND TO DISQUALIFY SUCH INDIVIDUAL FROM THE SWEEPSTAKES IF APPLICABLE). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. BY PARTICIPATING IN THE SWEEPSTAKES, ENTRANT AGREES THAT THE INDEMNITEES (I) MAKE NO WARRANTY, GUARANTY, OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATING TO THE SWEEPSTAKES AND/OR THE PRIZE; AND (II) DISCLAIM ANY IMPLIED WARRANTY.
12. Governing Law / Jurisdiction
The Sweepstakes is governed by the laws of the State of New York (excluding its principles of conflicts of laws/choice of laws), County of New York and all claims must be resolved individually (NOT PART OF A CLASS) in the appropriate state and federal courts of New York. By participating, Entrant agrees to the exclusive jurisdiction of such courts. Sponsor's failure to enforce any provision of these Official Rules shall not constitute the waiver of such provision.
If any provision(s) of these Official Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.
14. Rules / Winner List Requests
Official Rules (available during Sweepstakes Period) and the name of the Prize Winner (available for a period of two weeks after the Sweepstakes Period) may be obtained by mailing a request and self-addressed, stamped envelope to the following address: Girl Scouts of the USA, 420 Fifth Avenue, New York, New York 10018-2798. Requests from Vermont residents that are postmarked in Vermont may omit return postage.