NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. ALL FEDERAL, STATE, LOCAL, AND MUNICIPAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED.
1. General Rules. These Official Rules apply generally to any sweepstakes promotion (each “the Sweepstakes”) sponsored by Birch Benders, LLC (“Sponsor”) that are conducted in the United States, over a global computer network, and have an aggregate prize value of under $5000.00. Contest, sweepstakes and promotions that do not fit the above-referenced criteria will have dedicated terms and conditions accessible from the entry page. Specific details related to entry, prizing and other special terms for any specific sweepstakes promotion (“Specific Promotion”) will be digitally posted on the Giveaway Announcement or social media post (“Giveaway Announcement”) of the Specific Promotion and will outline any additional information or special notices relating to the Sweepstakes (the Official Rules and the Specific Promotion details, collectively these “Rules”).
2. Eligibility: Unless otherwise noted in the Specific Promotion, the Sweepstakes is open and offered only to legal residents of the fifty (50) United States, including the District of Columbia, who are at least eighteen (18) years of age and have reached the age of majority in their jurisdiction of residence at the time of entry, and excluding Puerto Rico, the U.S. Virgin Islands, U.S. Military installations in foreign countries, and all other U.S. territories and possessions and where restricted or prohibited by law. You must have internet access, and for certain promotions, including certain of Instagram and TikTok promotions, you must have a mobile device prior to the start of the Specific Promotion. Employees of Birch Benders, LLC and their immediate families (parent, child, sibling or spouse) and/or household members of respective parent companies, subsidiaries, affiliates, distributors, sales representatives, advertising and promotional agencies, and any other persons or entities associated with this promotion are not eligible to participate in the Sweepstakes. Entrants must have access to the Internet. The Sweepstakes is subject to all applicable federal, state, local, and municipal laws and regulations. Void where prohibited.
3. Sponsor: All Sweepstakes are sponsored by Birch Benders, LLC, 168 Centennial Parkway, Suite 200; Louisville, CO 80027. Additional sponsors, if any, will be noted in the Specific Promotion and will collectively be referred to as “Sponsor.”
4. Agreement to Official Rules: By participating, you agree to be fully unconditionally bound by these Rules, and you represent and warrant that you meet the eligibility requirements set forth herein. In addition, you agree to accept the decisions of Sponsor, as final and binding, and waive any right to claim ambiguity in the Sweepstakes or these Rules.
5. Sweepstakes Period: All Specific Promotions shall include an “end” date on the Giveaway Announcement (the “Sweepstakes End Date”). All entries must be received by the Sweepstakes End Date and time to be eligible to win, according to Sponsor’s time clock. The end time, unless otherwise noted, will always be 11:59PM, Eastern time (regardless of Daylight Savings Time), according to Sponsor’s internal time clock. Sponsor is not responsible for any misdirected or otherwise late entries.
6. How to Enter: The method of entry is specific to the platform on which you enter (“Sweepstakes Platform”). Please see below for the details of the method of entry based on the Sweepstakes Platform indicated in the Specific Promotion. Only the entry method specified in the Specific Promotion is allowed. All other entries will be disregarded. Unless otherwise noted, only one entry per natural person per Specific Promotion.
7. Sweepstakes Platforms:
Register to Win: Register on Sponsor’s website for a chance to win. You will be required to include your name and email address in order to enter for a chance to win.
Follow and Tag a Friend: For Tag a Friend Instagram promotions, you must have an Instagram account, which is free. If you don’t already have one, go to instagram.com to create your account. Once you are logged into your account you must follow the instructions in the Specific Promotion and (1) follow the Birch Benders account (@birchbenders), and tag a friend (or friends) in the specific Birch Benders Instagram post using each friend’s @ username, for a chance to win. You must follow the specific account requested until at least the time the winners are drawn and announced in order to be eligible to win.
Comment and Follow: For Comment and Follow Instagram promotions, you must have an Instagram account, which is free. If you don’t already have one, go to www.instagram.com to create your account. Once you are logged into your account you must follow the instructions in the Specific Promotion, follow the Birch Benders account (@birchbenders), and Comment on the Specific Promotion post as instructed, for a chance to win.
Comment, Tag a Friend, and Follow: For Comment, Tag a Friend, and Follow Instagram promotions, you must have an Instagram account, which is free. If you don’t already have one, go to www.instagram.com to create your account. Once you are logged into your account you must follow the instructions in the Specific Promotion, follow the Birch Benders account (@birchbenders), and Comment on the Specific Promotion post as instructed, and then tag a friend for a chance to win.
Post with Hashtag: For Post with Hashtag Instagram promotions, you must have an Instagram account, which is free. If you don’t already have one, go to www.instagram.com to create your account. Once you are logged into your account you must follow the instructions in the Specific Promotion, post a photo to your account with the required hashtags, as instructed, and always include #sweepstakes, for a chance to win. Any post that does not contain the term #sweepstakes will not be entered to win.
Like and Comment to Win: For Like and Comment to Win Facebook promotions, you must have a Facebook account, which is free. If you don’t already have one, go to facebook.com to create your account. Once you have a Facebook account, “Like” Sponsor’s Facebook page at https://www.facebook.com/BirchBenders/ and make a positive, non-defamatory comment on the Specific Promotion post, as instructed, for a chance to win.
Re-Tweet To Win: For re-Tweet to Win Twitter promotions, you must have a Twitter account, which is free. If you don’t already have one, go to twitter.com to create your account. Once you have a Twitter account, re-Tweet the Sponsor’s Tweet as instructed in the Specific Promotion, for a chance to win.
TikTok Post to Win: For TikTok Post to Win promotions, you must have a TikTok account, which is free. If you don’t already have one, download the app on your mobile device. Once you have a TikTok account, then create and post a video following the instructions in the Specific Promotion, using the unique required hashtag and #sweepstakes, for a chance to win. Additional abbreviated rules are on the Specific Promotion page.
FOR ALL POSTS THAT REQUIRE SUBMISSIONS: You may be asked to comment, submit a photo, or submit a video for a chance to win (“Submission”). Submissions will not be judged, but must adhere to these rules.
— Submissions must be original works of authorship, created by the person who enters the Submission.
— Entrants may not copy or otherwise plagiarize the Submission from any source, nor may the Submission include third-party copyrighted material or artwork, without the copyright holder’s permission.
— By entering, Entrants warrant that the Submission does not infringe any third party’s rights, and that Entrants have obtained any necessary permissions from all relevant third parties (including those appearing in the Submission) to submit the Submission.
— Any images used in the Submission must be an original work of authorship under U.S. Copyright Law.
— All videos or images of any minor or third-party must have the permission of each minor’s parent or legal guardian, or of the third-party, authorizing the Submission and authorizing Sponsor’s right to use the Submission as set forth herein. Sponsor may contact you via phone or email requesting a minor or third-party release and if you are unable to produce such release you may forfeit any prize.
— Entrants may not be, nor may they use in the Submission parties who: 1) are represented under contract (e.g., by a talent agent or manager) that would limit or impair Sponsor’s ability to show the Submission in any media form; 2) have an acting or modeling contract that would make Entrants’/their appearance in the Submission a violation of any third party rights; 3) are under a merchandising agreement; or 4) are under any other contractual relationship, including but not limited to guild and/or union memberships, that may prohibit them from participating fully in this Contest, or from allowing Sponsor to use the Submission online, or in other venues or properties including in television and any and all media.
— Submissions must not violate the rights of any third parties, including intellectual property rights, rights of privacy, or any other rights held by third parties.
— Entrants hereby agree to indemnify Sponsor against any and all claims from any third party for any use by Sponsor of the Submission.
— Although Sponsor is not reviewing Submissions for copyright or trademark violations, if, in the sole discretion of Sponsor, it believes the Submission constitutes or may constitute copyright or trademark infringement, the Submission will be disqualified.
— Sponsor reserves the right to exclude any Submission that it believes, in its sole discretion, doesn’t meet this criteria, and to delete any such Submission from any and all location(s) under Sponsor’s control.
— No Submission shall portray Sponsor or any third party in a negative light.
— Please, do not use the Submission to launch personal attacks on anyone or any discernable product, including competitor products.
— Submission may not depict nudity, animal cruelty, or illegal activity or substance, or offensive or obscene subject matter as determined in Sponsor’s sole discretion.
8. Instagram, Facebook, Twitter or TikTok Account. If the method of entry in the Specific Promotion requires you to have a Third Party Platform (as defined in Section 18) account, you must be logged into your account to enter. If you are required to post on your account to enter, make sure the “Private Account” setting is turned off, or Sponsor won’t be able to see your entry and you won’t be able to participate in the Sweepstakes. By making this change to your account setting, you understand that all of your future posts on such Third Party Platform will be visible to the public. You agree to comply with all Third Party Platform terms and conditions.
9. Limit: Unless otherwise noted, the number of entries number of entries allowed per person shall be 1 per natural person, plus one per tagged person if the Specific Promotion allows it. A change in this limit shall be set forth in the Specific Promotion. Attempts to obtain more than the stated number of entries by using multiple/different email addresses, identities, registrations, and logins, or any other methods, will void that Entrant’s entries and Entrant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. In the event of a dispute as to any registration, the authorized account holder of the email address used to register will be deemed to be the Entrant. 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. Each potential winner may be required to show proof of being the authorized account holder.
10. Sweepstakes Prize(s); Conditions: Upon confirmation of eligibility a winner will receive the prize(s) as set forth in the Specific Promotion. Approximate retail value (“ARV”) of the prize(s) range from $5.00 to $150.00, and will be dependent on the prize awarded. Samples of prizes include:
Baking Kit: ARV $80.00
Pancake & Waffle Mix: ARV $7.99
You will not be entitled to the difference between the stated ARV and the actual prize. For any promotion, the number of prizes and other applicable prize information will be set forth on the Giveaway Announcement for the Specific Promotion. Entering a sweepstakes is no guarantee you will win a prize. Prizes are non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute any listed prize for one of equal or greater value for any reason.
Winning a prize may be a taxable event, depending upon the ARV and how many times you have won in a calendar year. Taxes, if any, are the sole responsibility of the winner(s), and winner(s) are free to reject a prize. If a winner accepts a prize that triggers a tax, the winner will be issued an IRS Form 1099 for the ARV of any awarded prize(s). All federal, state or other tax liabilities (including income taxes) arising from any Specific Promotion will be the sole responsibility of each winner who accepts a prize. Any and all other prize-related expenses associated with prize receipt and/or use, shall be the sole responsibility of the winner. Any prizes pictured in point-of-sale, online, television, and print advertising, in promotional packaging, and in other Sweepstakes materials may be for illustrative purposes only, and your prize may look different. No substitution of prize or transfer/assignment of prize to others. You may not request for the cash equivalent by winners is permitted.
In some cases, the prize will be delivered as a coupon or electronic gift card for the ARV of the prize.
All details and other restrictions of the prize(s) not specified in these Rules will be determined by Sponsor in its sole discretion. Prize limits, if any, will be set forth in the Specific Promotion.
11. Odds: The odds of winning depend on the number of eligible entries received before the Sweepstakes End Date.
12. Winner Selection and Notification: You will be notified in the manner consistent with the method of entry used in the Specific Promotion you entered. Sponsor’s decisions as to the administration and operation of the Sweepstakes and the selection of the potential winner is final and binding in all matters related to the Sweepstakes. Within one (1) week following the end of the Sweepstakes Period Sponsor will select the number of potential winners set forth in the Specific Promotion in a random drawing of all valid entries received. The potential winners will be contacted by being tagged in the Giveaway Announcement comment section or by direct message for Instagram, Facebook, TikTok or Twitter. The potential winner will be contacted via email for Register to Win. Any other contact methods not set forth here will be listed on the Giveaway Announcement of the Specific Promotion. In many cases, potential winner will have to provide email address information and mailing addresses.Unless otherwise noted in the Specific Promotion, potential winners will have forty-eight (48) hours to respond and claim the prize. If no response is received in 48 hours, Sponsor may not award the prize. Pursuant to satisfaction of all requirements, the potential winner may also be sent a declaration of eligibility / liability / publicity release (“Release”). Unless restricted by law, the potential winner will be required to complete and return the Release within five (5) days from the date of notification. An alternate potential winner may be chosen selected from among the remaining eligible entries if the potential winner fails to provide all necessary documentation pursuant to these Rules or cannot accept or receive the prize for any reason, or is otherwise disqualified for any reason. For email communications, Sponsor shall have no liability for a potential winner’s failure to receive notices due to potential winner’s spam, junk e-mail or other security settings, or for potential winner’s provision of incorrect or otherwise non-functioning contact information. The receipt by winner of the prize offered in this Sweepstakes is conditioned upon compliance with any and all federal and state laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY ANY WINNER (AT SPONSOR’S SOLE DISCRETION) WILL RESULT IN SUCH WINNER’S DISQUALIFICATION AS WINNER OF THE SWEEPSTAKES AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED. Prizes will be fulfilled as soon as reasonably possible after the conclusion of the Sweepstakes.
13. Publicity: By submitting an entry, any Entrant in the Sweepstakes, irrevocably grants the Sponsor and their respective successors, assigns and licensees, the right to use such Entrant’s, name and hometown (e.g. city and state), and the entry in any and all media for any purpose, including without limitation, commercial, advertising and promotional purposes as well as in, on or in connection with the Sponsor’s website or social media accounts, or the Sweepstakes or other promotions, and hereby releases the Sponsor from any liability with respect thereto, unless prohibited by law.
14. General Conditions: Sponsor reserves the right to cancel, suspend, and/or modify the Sweepstakes, 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 Sweepstakes, as determined by Sponsor in its sole discretion. Such force majeur conditions include without limitation weather or communications malfunctions, pandemic, mail delivery delays, and other issues. 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 Sweepstakes or to be acting in violation of the Rules of this or any other promotion, or in an unsportspersonlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes 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 Rules shall not constitute a waiver of that provision. These Rules cannot be modified or amended in any way except in a written document issued in accordance with law by a duly authorized representative of Sponsor. In the event Sponsor makes changes to these rules, those changes will not affect any ongoing Specific Promotion and will take effect after the Specific Promotion.The invalidity or unenforceability of any provision of these Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
15.Release and Limitations of Liability: By participating in the Sweepstakes, entrants agree to release, discharge, defend, indemnify and hold harmless Sponsor, its parent, subsidiaries, affiliates, the prize providers and each of their respective parents, including without limitation, Sovos Brands, officers, directors, employees, and agents (the “Released Parties”) from and against any claim or cause of action arising out of participation in the Sweepstakes or receipt or use of any prize, including, but not limited to: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors, or by any of the equipment or programming associated with or utilized in the Sweepstakes; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) any damage to an entrant’s, or any other person’s property, computer system or mobile phone which is occasioned by participating in the Sweepstakes; (4) unauthorized human intervention in any part of the entry process or the Sweepstakes; (5) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; (6) late, lost, undeliverable, damaged or stolen mail; or (6) 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 Sweepstakes or receipt or use or misuse 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 Sweepstakes, if it is possible. If the Sweepstakes, or any part of it, is discontinued for any reason, Sponsor, at its discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein.
16. Disputes: Entrant agrees that: (i) any and all disputes, claims, and causes of action arising out of or connected with this Sweepstakes, or any prizes awarded, other than those concerning the administration of the Sweepstakes or the determination of the winner, shall be resolved individually, without resort to any form of class action; (ii) any and all disputes, claims, and causes of action arising out of or connected with this Sweepstakes, or any prizes awarded, shall be resolved exclusively by the United States District Court or the appropriate Colorado State Court located in the County of Boulder; (iii) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys’ fees; and (iv) 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 expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Rules, or the rights and obligations of the entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Colorado, without giving effect to any choice of law or conflict of law rules (whether of the State of Colorado or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Colorado.
18. Third Party Platforms: If this Sweepstakes is hosted, administered, or operated on a third party platform, including without limitation a social media platform (e.g. Instagram, Facebook, Twitter, or TikTok) (“Third Party Platform”), then by participating in this Sweepstakes, entrants hereby release and agree to comply with all rules, policies and guidelines set forth by such Third Party Platform. Please note that you are providing your information to Sponsor and not to these Third Party Platforms. Unless otherwise stated to the contrary in these Rules, this Sweepstakes is not sponsored, endorsed or administered by, or associated with, any Third Party Platform. Any questions, comments or complaints regarding this Sweepstakes must be directed to Sponsor only, and NOT to any Third Party Platform.
19. Winner List: To request confirmation of the name of the winner(s), please check the Giveaway Announcement, which should identify the winner in the comments’ section. In the event the method of notification is not public, please send an email to firstname.lastname@example.org with the subject line of WINNERS LIST, and provide a link to Specific Promotion, along with the Sweepstakes End Date. We must receive your request within 90 days of the Sweepstakes End Date.