Birthday Giveaway Terms & Conditions

CINNABON 35TH BIRTHDAY CONTEST

OFFICIAL RULES


NO PURCHASE NECESSARY TO ENTER OR WIN A PRIZE IN THIS CONTEST. A PURCHASE OF ANY KIND WILL NOT IMPROVE YOUR CHANCE OF WINNING.

DESCRIPTION. The “Cinnabon 35th Birthday” contest (the “Contest”) begins at approximately 12:01 am Eastern Time (“ET”) on December 4, 2020 and ends at approximately 11:59 ET on December 4, 2020 (the “Contest Period”). To enter, eligible entrants must: post an original post on Facebook, Instagram, and Twitter that explains your first memory with Cinnabon and complies with the “Comment Guidelines” (defined below) to their social media account. Entry in the Contest does not constitute entry into any other promotion, contest or sweepstakes. By participating in the Contest, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Cinnabon Franchisor SPV LLC, 5620 Glenridge Drive NE, Atlanta, GA 30342 (“Sponsor”), which shall be final and binding in all respects.

ELIGIBILITY : Only legal U.S. residents of the fifty (50) United States and District of Columbia who are at least thirteen (13) years of age at the time of entry are eligible to enter. Minors must obtain consent from their parent or legal guardian to enter the Contest, and if a minor wins, their parent or legal guardian will need to co-sign the “Prize Claim Documents” (defined below). Officers, directors and employees of Sponsor and each of Sponsor’s parents, subsidiaries, affiliates, distributors, retailers, sales representatives, advertising and promotion agencies involved in the Contest (all such individuals and entities collectively referred to herein as the “Contest Entities”), and the immediate family members and/or those residing in the same household of each are ineligible to enter the Contest or win a prize. This Contest is void where prohibited. A free Facebook or Twitter account is required to enter the Contest. To sign up for Facebook, go to www.facebook.com. Use of Facebook will be subject to Facebook’s privacy policy and terms of service, which are available at: https://www.facebook.com/policy.php and https://www.facebook.com/terms.php. To sign up for Instagram, go to www.instagram.com. Use of the Instagram service will be subject to Instagram’s data policy and terms of use, which are available at: https://help.instagram.com/155833707900388 and https://help.instagram.com/581066165581870?ref=dp. To sign up for Twitter, go to www.twitter.com. Use of Twitter will be subject to Twitter’s privacy policy and terms of service, which are available at: https://twitter.com/en/privacy and https://twitter.com/en/tos. This Contest is not sponsored, endorsed, administered by, or affiliated with Facebook, Instagram or Twitter.

HOW TO ENTER: There are three ways to enter the Contest:

  • Via Facebook. At the beginning of the Contest Period, Sponsor will publish a post on the Cinnabon Facebook account ( https://www.facebook.com/Cinnabon ) announcing the Contest inviting entrants to enter the Contest (the “Facebook Contest Post”). To enter, eligible entrants must post an original comment on the Facebook Contest Post that (a) explains your first Cinnabon experience or memory; (b) complies with the “Comment Guidelines” below; and (c) incorporates the hashtag #CinnabonBirthdayContest (each, a “Comment”). Upon completing the required steps, entrants will receive one (1) entry into the Contest. The Comment must meet the following “Comment Guidelines”: (i) the Comment must be the submitting entrant’s original, previously unpublished work and not feature or focus on any copyrighted material, logos or trademarks that are owned by third parties; and (ii) the Comment must not include text or subject matter that is deemed by the Sponsor to be obscene, profane, pornographic, libelous or otherwise objectionable. Your account must be public in order to enter the Contest.
  • Via Instagram. At the beginning of the Contest Period, Sponsor will publish a post on the Cinnabon Instagram account (https://www.instagram.com/cinnabon/ ) announcing the Contest inviting entrants to enter the Contest (the “Instagram Contest Post”). To enter, eligible entrants must post an original comment on the Instagram Contest Post that (a) explains your first Cinnabon experience or memory; (b) complies with the Comment Guidelines; and (c) incorporates the hashtag #CinnabonBirthdayContest (each, a “Comment”). Upon completing the required steps, entrants will receive one (1) entry into the Contest. Your account must be public in order to enter the Contest.
  • Via Twitter. During the Contest Period, publish an original Tweet to your Twitter account that (a) explains your first Cinnabon experience or memory; (b) complies with the Comment Guidelines; and (c) incorporates the hashtag #CinnabonBirthdayContest. Upon completing the required steps, entrants will receive one (1) entry into the Contest. Your account must be public in order to enter the Contest.

Limit one (1) entry per social network per eligible entrant. Entries must be received by the end of the Contest Period. No substitutions or new versions of entries will be accepted once the original entry is submitted for consideration. Any entry that is considered by Sponsor in its sole and absolute discretion to violate the Comment Guidelines, in whole or in part, may be disqualified and will not be eligible for entry.

Any personal information collected by Sponsor in connection with the Contest will be used in accordance with Sponsor’s privacy policy located at: https://www.cinnabon.com/privacy . Entry must be made by the entrant, only as described in these Official Rules. Entries made by any other individual or any entity, and/or originating at any other web site or e-mail address, including but not limited to entering service sites, will be declared invalid and disqualified for this Contest. Tampering with the entry process or the operation of the Contest is prohibited and any entries deemed by Sponsor, in its sole discretion, to have been submitted in this manner will be void. In the event a dispute regarding the identity of the individual who actually submitted an entry cannot be resolved to Sponsor’s satisfaction, the affected entry will be deemed ineligible. The Contest Entities shall not be responsible for incorrect or inaccurate entry information whether caused by Internet users or by any of the equipment or programming associated with or used in the Contest or by any technical or human error which may occur in posting videos or processing the entries in the Contest. The Contest Entities assume no responsibility or liability for any error, omission, interruption, deletion, theft or destruction, or unauthorized access to, or alteration of entries.

WINNER SELECTION AND NOTIFICATION: At the end of the Contest Period, a judge or group of judges selected by the Sponsor (in either case, the “Judging Panel”) will review the entries that have been received and select up to fifty-five (55) potential winners based on the following criteria: (i) sentimentality of entry (25%); (ii) creativity/originality of the entry (25%); and (iii) appropriateness to the public image of the Contest Entities (50%) (the “Judging Criteria”). In the event of a tie, the potential winner with the highest score in the “creativity/originality” category will be declared the potential winner.

The potential winners will be subject to verification and compliance with these Official Rules. The potential winners will be notified by direct message using the social media account information used by the entrant to enter the Contest. The Contest Entities shall have no liability for any winner notification that is lost, intercepted or not received by the potential winner for any reason. If any potential winner does not respond within the time required by Sponsor, or if the winner notification is returned as unclaimed or undeliverable to any potential winner, such potential winner will forfeit his or her prize and an alternate winner may be selected. If any potential winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines the prize for any reason, such potential winner will be disqualified and the prize may be awarded to an alternate winner. Sponsor may successively attempt to contact up to three (3) potential winner(s) of an applicable prize in accordance with such procedure, and if there is still no confirmed winner(s) of such applicable prize after such attempts have been made, if any, such prize may go unawarded.

PRIZES. There are fifty-five (55) prizes available.

  • First Prize. There are ten (10) first prizes available. Each first prize consists of one (1) bomber jacket. The approximate retail value (“ARV”) of each first prize is $60.95.
  • Second Prize. There are ten (10) second prizes available. Each second prize consists of one (1) Cinnabon retro t-shirt. The ARV of each second prize is $15.
  • Third Prize. There are thirty-five (35) third prizes available. Each third prize consists of one (1) ten dollar gift card to Cinnabon. Each gift card is subject to additional terms and conditions that appear on the card. The ARV of each third prize is $10.

The total ARV of all prizes awarded in this Contest is One Thousand One Hundred and Nine Dollars and Fifty Cents ($1,109.50). Prizes will only be delivered to addresses in the 50 United States and the District of Columbia

No substitution of prizes will be allowed, except Sponsor reserves the right in its sole discretion to substitute prize(s) of comparable value if any prize listed is unavailable, in whole or in part, for any reason.

GENERAL PRIZE CONDITIONS. Prizes will be awarded only if each potential prize winner fully complies with these Official Rules. The prize(s) are non-assignable and non-transferable. Prizes pictured in point-of-sale, online, television and print advertising, promotional packaging, and other Contest materials are for illustrative purposes only. Actual prize(s) may vary from the prize(s) pictured. All details and other restrictions of the prize(s) not specified in these Official Rules will be determined by Sponsor in its sole discretion. Each prize winner shall be solely responsible for all federal, state and/or local taxes, and the reporting consequences thereof, and for any other fees or costs associated with the applicable prize. Each potential winner will be required to execute an Affidavit of Eligibility, a Liability Release, and (where imposing such condition is legal) a Publicity Release (collectively, “Prize Claim Documents”). If a winner is under the age of majority in such winner’s state of residence (a “minor”), at Sponsor’s option, the applicable prize either will be awarded in the name of the parent or legal guardian of such minor winner, or the parent or legal guardian of such minor winner will be required to ratify and sign Prize Claim Documents. If any potential winner (or, in the case of a minor, such minor winner’s parent or legal guardian) fails or refuses to sign and return all Prize Claim Documents within the time period specified by Sponsor in the prize notification, the winner may be disqualified and an alternate winner may be selected.

Sponsor makes no warranties, and hereby disclaims any and all warranties, express or implied, concerning any prize furnished in connection with the Contest. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUCH PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SPONSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.

RIGHTS IN ENTRIES. For good and valuable consideration, the receipt and legal sufficiency of which is hereby acknowledged, each entrant hereby irrevocably grants to the Contest Entities, and their successors, licensees and assigns, a non-exclusive license (but not the obligation) to reproduce, publicly perform, publicly display, stream, exploit, make derivative works of and otherwise use the entry, in whole or in part, for any purpose, including without limitation commercial purposes, in any and all media now or hereafter devised throughout the universe in perpetuity. Sponsor shall have the right, in its sole discretion, to edit, composite, morph, scan, duplicate, or alter the entry for any purpose which Sponsor deems necessary or desirable, and each entrant irrevocably waives any and all so-called “moral rights” they may have therein Sponsor shall retain the rights granted in each entry even if the entry is disqualified or fails to meet the Comment Guidelines or even it if it determined that the entrant who made the entry is ineligible to enter the Contest.

PUBLICITY RELEASE. Without in any way limiting the rights granted in the entry, as set forth above, acceptance of a prize constitutes winner’s permission for the Contest Entities to use each winner’s entry and his or her name, social media handle, photograph, likeness, voice, biographical information, statements and address (city and state) in and in connection with advertising, marketing, promotional, and/or publicity purposes for the Contest, Contest Entities, and all uses of the entry permitted herein, worldwide and in all forms of media and by any and all means and media now known or hereafter developed, in perpetuity without any obligation, notice, or further compensation to the winners.

REPRESENTATIONS AND WARRANTIES/INDEMNIFICATION. Each entrant (and any minor entrant’s parent or legal guardian) represents and warrants as follows: (i) the entry does not and will not violate or infringe upon the intellectual property rights or other rights of any other person or entity; (ii) the entry meets the Comment Guidelines, and does not and will not violate any applicable laws, and is not and will not be defamatory or libelous. Each entrant (and any minor entrant’s parent or legal guardian) agrees to indemnify the Contest Entities and hold them harmless from and against any and all third party claims, liability, judgments, losses, damages, costs, and expenses, including penalties, interest and reasonable outside attorney’s fees and costs in the defense and disposition of such matters arising out of, resulting from, based upon or incurred because of a breach or allegation that, if true, would constitute a breach by entrant of his or her representations, warranties, covenants or obligations hereunder, including, without limitation, any action or statement made by entrant while participating in the Contest.

CONDITIONS OF PARTICIPATION/RELEASES – IMPORTANT PLEASE READ. By participating in this Contest, entrants (and any minor entrant’s parent or legal guardian) agree to be bound by these Official Rules and the decisions of the Sponsor, which shall be final in all respects. The Contest is void where prohibited or restricted by law. All federal, state and local laws and regulations apply. By participating in this Contest and/or by accepting any prize that they may be awarded, entrants (and any minor entrant’s parent or legal guardian) agree to release the Contest Entities from any and all actions, claims, injury, loss or damage arising in any manner, directly or indirectly, from participation in this Contest and/or acceptance, use or misuse of the prize. The Contest Entities shall not be liable for: (i) late, lost, delayed, stolen, misdirected, postage-due, incomplete, unreadable, inaccurate, garbled or unintelligible entry, communications or affidavits, regardless of the method of transmission; (ii) telephone system, telephone or computer hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors; (iii) data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials; (iv) any injuries, losses or damages of any kind caused from participation in the Contest; or (v) any printing, typographical, administrative or technological errors in any materials associated with the Contest. The Contest Entities disclaim any liability for damage to any computer system resulting from participating in, or accessing or downloading information in connection with this Contest, and reserve the right, in their sole discretion, to cancel, modify or suspend the Contest should a virus, bug, computer problem, unauthorized intervention or other causes beyond Sponsor’s control, corrupt the administration, security or proper running of the Contest. Sponsor may prohibit you from participating in the Contest if, in its sole discretion, Sponsor determines you are attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception, or any other unfair behavior or with the intent to annoy, abuse, threaten or harass any other entrants or Sponsor representatives. In the event an insufficient number of eligible entries are received and/or Sponsor is prevented from awarding prizes or continuing with the Contest as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made epidemic of health of other means, pandemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), then Sponsor shall have the right to modify, suspend, or terminate the Contest. Only the type and quantity of prizes described in these Official Rules will be awarded. These Official 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. 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.

NATURE OF RELATIONSHIP/WAIVER OF EQUITABLE RELIEF. Each entrant (and any minor entrant’s parent or legal guardian) hereby acknowledges and agrees that the relationship between the entrant and the Contest Entities is not a confidential, fiduciary, or other special relationship, and that the entrant’s decision to provide the entrant’s entry to Sponsor for purposes of the Contest does not place the Contest Entities in a position that is any different from the position held by members of the general public with regard to elements of the entrant’s entry. Each entrant understands and acknowledges that the Contest Entities have wide access to ideas, stories, designs, and other literary materials, and that new ideas are constantly being submitted to it or being developed by their own employees. Each entrant also acknowledges that many ideas may be competitive with, similar or identical to the entry and/or each other in theme, idea, plot, format or other respects. Each entrant acknowledges and agrees that such entrant will not be entitled to any compensation as a result of any Contest Entity’s use of any such similar or identical material. Each entrant acknowledges and agrees that the Contest Entities do not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the entry. Finally, each entrant acknowledges that, with respect to any claim by entrant relating to or arising out of a Contest Entity’s actual or alleged exploitation or use of any entry or other material submitted in connection with the Contest, the damage, if any, thereby caused to the applicable entrant will not be irreparable or otherwise sufficient to entitle such entrant to seek injunctive or other equitable relief and entrant’s rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.

NO OBLIGATION TO USE. Sponsor shall have no obligation (express or implied) to use any entry, or to otherwise exploit any entry or, if commenced, to continue the distribution or exploitation thereof, and Sponsor may at any time abandon the use of the entry for any reason, with or without legal justification or excuse, and entrants shall not be entitled to any damages or other relief by reason thereof.

FURTHER DOCUMENTATION. If Sponsor shall desire to secure additional assignments from the entrant(s), or other documents as Sponsor may reasonably require in order to effectuate the purposes and intents of these Official Rules, then each entrant agrees to sign the same upon Sponsor’s request therefor.

DISPUTES. This Contest is governed by the laws of the United States and the State of Georgia, without respect to any choice of law or conflict of law principles that would result in the application of any law other than that of Georgia. As a condition of participating in this Contest, entrants agree that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or in connection with this Contest, shall be resolved individually through binding arbitration, without resort to any form of class action, in accordance with the arbitration provision set forth below.

ARBITRATION PROVISION. By participating in this Contest, each entrant (and any minor entrant’s parent or legal guardian) agrees: (i) that any and all disputes the entrant may have with, or claims entrant may have against, the Contest Entities relating to, arising out of or connected in any way with (a) the Contest, (b) the awarding or redemption of any prize, and/or (c) the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS; (ii) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (iii) the arbitration shall be held in Atlanta, Georgia; (iv) the arbitrator’s decision shall be controlled by the terms and conditions of these Official Rules and any of the other agreements referenced herein that the applicable entrant may have entered into in connection with the Contest; (v) the arbitrator shall apply Georgia law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (vi) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only entrant’s and/or Sponsor’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (vii) the arbitrator shall not have the power to award punitive damages against the entrant or Sponsor; (viii) if the entrant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of entrant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (ix) with the exception of subpart (vi) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (vi) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither entrant nor Sponsor shall be entitled to arbitrate their dispute. For more information on JAMS and/or the rules of JAMS, visit their website at www.jamsadr.com.

SOCIAL NETWORK RELEASE AND DISCLAIMER. Each entrant (and any minor entrant’s parent or legal guardian) acknowledges and agrees that this Contest is in no way sponsored, endorsed or administered by, or associated with Facebook, Instagram, or Twitter. By entering the Contest each entrant (and any minor entrant’s parent or legal guardian) hereby releases and agrees to hold harmless each of Facebook, Instagram, and Twitter completely from any liability in respect of the Contest. Any questions, comments or complaints regarding the Contest will be directed to the Contest Entities and not Facebook, Instagram or Twitter.