Ann Reardon

“How To Cook That WIN AN IPHONE or one of five $100 AMAZON GIFT CARDS” GIVEAWAY 2019 CONTEST OFFICIAL RULES (the “Rules”)

THIS CONTEST IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH YOUTUBE, FACEBOOK OR ANY OTHER SOCIAL MEDIA PLATFORM.

THIS IS A SKILL-BASED CONTEST. VOID WHERE PROHIBITED.
Important: Please read these Rules before entering this Contest. By participating in this Contest, you agree to be bound by these Rules.

SPONSOR
The How To Cook That iPhone or Amazon Gift Card Giveaway 2019 Contest (the “Contest”) is sponsored and administered by Reardon Media Pty Ltd (the “Sponsor”), PO Box 202 Chirnside Pk 3116.

ELIGIBILITY
The Contest is open only to persons (“Participant/s”) who: (i) are legal residents worldwide who are physically located and reside in a jurisdiction in which this type of contest is permitted; (ii) are at least eighteen (18) years of age, or have reached the age of majority in his or her jurisdiction of residence at the time of entry, whichever is greater. Employees of Sponsor, and/or of Wix.com Ltd. (“Wix”) and its respective parent, affiliates, subsidiaries, advertising and promotion agencies, distributors and other prize suppliers, directors, officers, and each of their immediate family members and/or those living in the same household of each are not eligible to enter the Contest. This Contest is void where prohibited by law.

ENTRY PERIOD
Entries can be submitted from 7:30pm AEST on September 20, 2019, until 10am AEST 14 October, 2019 (the “Entry Period”).

HOW TO ENTER
4.1 To enter the contest, individuals must, during the entry period, go to https://wix.com/go/howtocookthat and create a website using a wix template. The website must contain a minimum of 50 words written by the entrant. Entrants must also fill out the official entry form at https://www.howtocookthat.net/public_html/mini-princess-doll-cake/ (the “contest page”) with their name, a valid email address and the url address of their newly created wix website.

4.2 For the avoidance of doubt, Participants must enter the Contest via the Contest Page only. Entries written in the youtube comments, instagram or any place other than the official entry form on the Contest Page will be deemed invalid. Incomplete entries and/or entries without a link to their newly created wix website will be deemed invalid. Websites not made using a wix template will be invalid. Websites that have less than 50 words written by the entrant will be invalid. Upon receipt by Sponsor of your successfully completed submission in accordance with these Rules, you shall be considered to have submitted an entry to the Contest (“Entry” or “Entries”). An Entry is “received” when the Entry is completed on the Contest Page and remains accessible by Sponsor at least throughout the Entry Period. The odds of winning depend on the number and quality of Entries received.

During the Entry Period participants can update and make changes to their submitted website. During the Judgment Period (as defined below) Participants must maintain their Entry in substantially the same form as at the start of judging.
Sponsor has no obligation to advise you of an incomplete or otherwise non-compliant Entry. You are solely responsible for internet connectivity, software and/or hardware that may be required in order to create and/or submit your Entry.
Entries will be deemed to be made by the person whose email is provided in the Submission Form submitted via the Contest Page at the time of submission. In the event of a dispute relating to ownership of a winning Entry, Sponsor may require a potential winner to provide proof that he or she is the authorized holder of the identified account, and consequently of the winning Entry. Sponsor shall be entitled to use its best judgment, in its sole discretion, to determine the rightful owner of the winning Entry, and each Participant hereby remisses, releases and discharges the Sponsor, to the fullest extent permitted by law, from all liabilities, obligations, claims and demands whatsoever arising out of any such determination of the rightful owner of the winning Entry by Sponsor.
Entries to the Contest must not contain content and/or offer products or services for sale that (i) are sexually explicit, violent or derogatory of any ethnic, racial, gender, religious, professional or age group; profane or pornographic; (ii) promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing) or a particular political agenda; (iii) are obscene or offensive; (iv) defame, misrepresent or contain disparaging remarks about other people or companies; (v) contain trademarks, logos, or trade dress (such as distinctive packaging or building exteriors/interiors) owned by others without the proper license or consent; (vi) violate the rights of any other person or entity by using their names or images, or featuring or referring to any recognizable person, without such person’s informed consent thereto; (vii) violate copyrighted materials owned by others (including photographs, sculptures, paintings, and other works of art or images published on or in websites, television, movies or other media); (viii) contain content that denigrates, disparages or reflects negatively on the Sponsor; and/or (ix) violate any law or any legal terms applicable to such Entry.
Each Participant may submit only one (1) Entry for each wix account such Participant holds. For the avoidance of doubt, Participants who have more than one account may submit one (1) Entry for each account.
You are not required to “like” or follow Sponsor on any social media pages or to pay any entrance fee in order to participate in the Contest or to be eligible for the Prize (as defined below), and any such action or payment will not increase or improve your chances of winning.
At the request of the Sponsor winning Participants may be required to post one line of provided custom text to their webpage to prove that the webpage belongs to them. They will also need to provide a postal address (iphone only) for delivery purposes. In case Participant fails to provide the Sponsor with such documentation within two (2) weeks from the date of the request, or in case false or incomplete information is provided with the Entry or other violation of the Rules or law, the Sponsor has the right to disqualify the Entry, prohibit such Participant from further participation in the Contest in any way.
SPONSOR RESERVES THE RIGHT TO DISQUALIFY FROM THE CONTEST ANY ENTRY WHICH DOES NOT COMPLY WITH THESE RULES, OR FOR ANY OTHER REASON, AS SPONSOR DEEMS FIT, AT SPONSOR’S SOLE AND ABSOLUTE DISCRETION.
DETERMINING THE WINNER
The Contest shall have six (6) winners (the “Winners”) who will be awarded a Prize (as defined below), and will be chosen as follows: (i) a panel of junior judges who are Sponsor’s employees and/or representatives (the “Junior Judges”) will select a list of potential winners out of all submissions; (ii) a panel of senior judges who are Sponsor’s employees and /or representatives (the “Senior Judges”) will select out of the list prepared by the junior judges a short list of six (6) Winners.
Entries will be judged based on the following judgment criteria, with respect to each Entry: Home Page look and layout (50%); Quality of web page written content (50%). In the event of tie, the criteria of webpage written content in the Entry submitted will determine the Winner.
Between 10:00am AEST on October 14 2019 and 7pm AEST October 16th, 2019, the Judges will review the Entries received within the Entry Period and select the Winners, as described in Section 5.1 and 5.2 above (the “Judgment Period”). Sponsor cannot guarantee the exact time during the Judgment Period in which an Entry will be reviewed. Any modifications made by a Participant to their Entry during the Judgment Period may or may not be seen by the Judges and Sponsor makes no guarantees or warranties in this respect.
Sponsor reserves the right to refrain from issuing the Prizes, in the unlikely event that there are insufficient valid Entries that meet the criteria or comply with these Rules.
PRIZES
6.1 There will be six winners, each will receive only ONE of these prizes. The first prize (for the best entry as judged by the judges) is an iPhone XS 256GB approximate retail value USD$1,149. The second, third, fourth, fifth and sixth prize (for the subsequent best entries as judged by the judges) is a USD$100 amazon gift card approximate retail value USD$100 each. Total approximate retail prize value is USD$1,649.

6.2 For the avoidance of doubt, all other expenses not specifically mentioned herein are solely at the Winner’s responsibility.

The Prize is non-transferable, with no additional cash redemptions, equivalents or substitutions Winners can not choose which prize they receive. All prize details not specified in these Rules, will be determined in Sponsor’s sole and absolute discretion. Sponsor reserves the right to substitute the Prize (or any portion thereof) with a prize of comparable or greater value in its sole and absolute discretion only if required.
The Winner will be solely responsible for all federal, state, provincial, and/or local taxes according to the laws and regulations applicable in such Winner’s country of residence, and for any other fees, costs and other arrangements associated with the Prize which are not explicitly provided by Sponsor as set forth herein.
WINNERS NOTIFICATIONS AND PRIZE CLAIMING
Potential Winners will be notified by email on October 17, 2019, and listed under the Mini Princess Doll Cake recipe blog post on howtocookthat.net and video on youtube.
Sponsor has complete discretion over interpretation of the Rules and administration of the Contest. Selection of the Winner is at the complete discretion of the Judges. Decisions concerning the selection of the Winner will be final.
The potential Winner will be required to comply with all instructions provided by Sponsor within the timeframe specified in Sponsor’s notices to potential Winner.
Sponsor may conduct a background check to confirm any potential Winner’s eligibility and compliance with these Rules (including, without limitation, checking ownership of photographs or text on the entrants website and asking the potential winner to temporarily post a short line of custom text to their website to prove ownership). By entering, you agree to cooperate reasonably with any such background check. If a background check reveals that a potential Winner is not in compliance with the requirements hereunder, or has engaged in conduct that could damage the reputation or business of the Sponsor or Wix as determined by Sponsor in its discretion, the potential Winner may be disqualified and the Prize may be awarded to the runners-up potential winner, or forfeited, at Sponsor’s discretion.
If potential Winner fails within any indicated time period to (1) respond to any notification or communication of Sponsor; (2) claim and execute their Prize; (3) comply with any request for additional information; (4) cooperate with a background check; or (6) otherwise cooperate with Sponsor as required, Sponsor reserves the right to disqualify the Winner and refuse to provide the Prize to the Winner and either forfeit the Prize or grant it to a runners-up potential winner, at Sponsor’s sole discretion.
PRIVACY AND CONTEST COMMUNICATIONS
Except as specifically stated herein, participation in the Contest and the personal information collected from Participants during the Contest will not be shared with any third parties. With the exception of the six winners details which will be shared with Wix for the purpose of distributing the prizes.
By entering this Contest, you understand that Reardon Media Pty Ltd, may use your personal information (including email address) for administration of the Contest, the fulfillment of Prizes and for How To Cook That communication purposes. You expressly consent to the use of your information by Reardon Media Pty Ltd for such purposes, and to the use of your Entry by the Judges for judging and fulfillment of Prize purposes.
INTELLECTUAL PROPERTY
The Contest Rules, the Contest, the Contest Page, the Mini Princess Doll Video, and all related web pages, content and code on howtocookthat.net are the property of Reardon Media Pty Ltd. The copying or use of any of those materials, associated trademarks or any other intellectual property without the express written consent of the Sponsor is strictly prohibited
The IP of written content, photos and or videos created by entrants on their own Wix website remain the property of the entrant.
For the avoidance of doubt Sponsor shall be under no obligation to promote or publish your Entry, on any specific online channels.
RELEASE
By participating in the Contest, you agree to release in perpetuity Sponsor, Wix and each of their respective parent, subsidiaries, employees, affiliates, agents, distributors, suppliers, licensors, licensees, representatives, attorneys, video producers, advertising and promotion agencies, YouTube, Facebook and any other relevant social media platform and each of their directors, officers, employees, agents, successors and assigns (collectively, the “Released Parties”), from any claims, demands, liability, costs, losses, damages or injuries of any kind arising out of or related directly or indirectly to your participation in the Contest, Contest-related activity, your Entry, the Video, and your winning the Prize (as the case may be), including, without limitation with respect to claims of copyright or trademark infringement, false endorsement, libel, slander, defamation or infringement of rights of publicity or privacy and any deletion or failure to store any Entries and other communications related to the Contest.
You agree that the Released Parties: (i) have neither made nor will be responsible for any warranty, express or implied, in connection with the Contest or Video (including, without limitation, with the Prize); (ii) will not be responsible or liable for any injury that may be caused by the wrongful act of any other person or entity, including Contest Participants or the Winner, and by any cause whatsoever beyond the control of the Released Parties, and (iii) will not be responsible for lost, late, stolen, garbled, delayed, undelivered, or misdirected entries, for incorrect, inaccurate or incomplete entry information whether caused by a Participant, equipment, or technical malfunction or for any human error, technical error or malfunctions.
You hereby assume full responsibility towards the Released Parties for: (i) the content and quality of your Entry, and any other services provided by you within the scope of the Contest (if any), filming of the Prize, (ii) your compliance with applicable laws, regulations and ordinances, and (iii) the outcome of your participation in the Contest or winning.
You agree that Released Parties are not responsible for any technical, computer, network, typographical, printing, human or other errors relating to or in connection with this Contest, including, without limitation, errors or problems which may occur in connection with the offer or administration of this Contest, the processing of Entries or any errors appearing in any Contest related-materials including, but not limited, to errors in advertising, the Rules, the selection and announcement of the Winners or the quality and/or components of the Prize.
Released Parties assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Entries. The Released Parties are not responsible for any problems or technical malfunction of any telephone network, cable, satellite, wireless, Internet Service Provider (ISP) or lines, computer systems, servers, providers, computer equipment, software, malfunctions of wireless devices, wireless service problems, cellular tower equipment, failure of any email or entry to be received on account of technical problems or traffic congestion on the internet or at any website or wireless service congestion, or any combination thereof, including any injury or damage to Participant’s or any other person’s computer related to or resulting from participation or downloading any materials in this Contest.
You further understand and agree that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state, province or territory of the country of your residence that may be applicable are hereby expressly and forever waived. You acknowledge that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
YOUR REPRESENTATIONS, WARRANTIES AND INDEMNITY
By submitting an Entry into the Contest you represent, warrant, undertake and agree that:

You have read, understand and undertake to fully comply with these Rules.
You have the right and the legal standing to agree to and be bound by these Rules and to enter and register to the Contest.
You and your Entry content within the scope of the Prize comply with any and all applicable laws, rules and regulations, and you have obtained all necessary permits, consents and approvals to participate in the Prize.
You agree to indemnify, hold harmless the Released Parties from any and all claims, demands, losses, promises, causes of action and/or liabilities for any injuries, losses, death, or damages of any kind caused, directly or indirectly, in whole or in part by your participation in, or preparation for, the Contest, Contest-related activity, the participation in the Prize by you, your Entry, your Public Comments, or resulting from the acceptance, possession, quality, execution, utilization or misuse of the Prize (or any portion thereof) or the provision of any services within the scope of the Prize, or any travel or activity related thereto.
You are solely responsible for your Entry.
The Entry was taken or created by you and you own all rights and title, or otherwise have (and will continue to have) the full power, title, licenses, consents and authority, as necessary to participate in the Contest, to comply with the Rules.
Your Entry and all elements and content that appear therein do not and will not infringe the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity.
Your Entry does not violate the Rules or any applicable federal, state, provincial and local laws, rules and regulations and does not contain any content which is unlawful for you to possess, post or disseminate in the country in which you reside, or which would be unlawful for Sponsor to use or possess in connection with the Contest, or which violates any contractual or fiduciary rights, duties, or agreements by which you are bound.
Should you win the Prize, you further represent and warrant and agree:
You shall fully cooperate with Sponsor in connection with the validation of elements used for your Entry.
You shall provide Sponsor with additional details relating to your Entry, including your delivery address as requested by the Sponsor.
If you fail within any indicated time period to comply with Section 11.9 or otherwise cooperate with Sponsor as required, Sponsor reserves the right to disqualify you and refuse to provide the Prize to you and either forfeit the Prize or grant it to a runners-up potential winner, at Sponsor’s sole discretion.
SUSPENSION / MODIFICATION / TERMINATION
If Sponsor is prevented from continuing with the Contest by any event or cause beyond its control, e.g., events of nature, interference by humans, non-humans or entities unrelated to Sponsor (including but not limited to DDoS attacks, bot/script attacks, or heavy volume use that crashes or severely hinders access to the Contest and Contest Page) and/or acts of government (each a “Force Majeure” event or occurrence), Sponsor shall have the right to modify, suspend or terminate the Contest. Additionally, Sponsor shall have the right to suspend, modify or terminate the Contest as may be reasonably required in order to comply with these Rules and any applicable law, or otherwise at Sponsor’s sole discretion.
If the Contest is terminated, the Sponsor, in its sole and absolute discretion, may select a Winner from all eligible Entries received prior to termination, or forfeit the Prize, at its sole discretion.
TAMPERING
Sponsor will disqualify any individual that attempts to damage, tamper with or undermine the Contest Page, or content or legitimate operation of the Contest.
Any attempt to deliberately damage any website associated with this Contest or undermine the content or legitimate operation of this Contest may be a violation of criminal and civil laws and should such an attempt be made, Sponsor will disqualify any participant responsible for the attempt, and Sponsor and/or its agents reserve the right to seek damages (including attorneys’ fees) and other remedies from any person or persons responsible for the attempt to the fullest extent permitted by law.
Entries generated by a script, macro or other mechanical or automated means will be disqualified.
GOVERNING LAW
All issues arising out of or relating to the Contest and these Rules, whether in contract or tort, shall be governed exclusively by, and construed in accordance with, the laws of New York, without giving effect to any choice of law or conflict of law rules that would cause the application of any other country, state or province’s laws.
LIMITATION OF LIABILITY/DISCLAIMER OF WARRANTIES
BY ENTERING THE CONTEST, YOU AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY CLAIMS WILL BE LIMITED TO ACTUAL THIRD PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (2) UNDER NO CIRCUMSTANCES WILL YOU BE PERMITTED TO OBTAIN ANY AWARD FOR PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS) AND/OR ANY OTHER DAMAGES, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (3) YOU IRREVOCABLY WAIVE ANY RIGHT TO SEEK EQUITABLE RELIEF.
YOU UNDERSTAND AND AGREE THAT THE PRIZE IS AWARDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE. SPONSOR AND RELEASED PARTIES EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES OF PERFORMANCE, QUALITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR THAT THE BROADCAST OF THE PRIZE WILL RESULT IN ANY PARTICULAR AMOUNT OR LEVEL OF REVENUE OR INCOME.
YOU UNDERSTAND AND AGREE THAT PARTICIPATION IN THIS CONTEST IS AT YOUR OWN DISCRETION AND RISK. YOU UNDERSTAND THAT SPONSOR AND RELEASED PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITY, TIMELINESS, AVAILABILITY AND/OR PERFORMANCE OF ANY ELEMENT OF THIS CONTEST OR THE PRIZE. SPONSOR AND RELEASED PARTIES DISCLAIM ANY LIABILITY FOR DAMAGE TO ANY COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM ACCESS TO OR THE DOWNLOAD OF INFORMATION OR MATERIALS CONNECTED WITH THE CONTEST.
MANDATORY ARBITRATION / NO CLASS RELIEF
To the fullest extent permissible by law, with the exception of disputes pertaining to Sponsor’s intellectual property rights, ANY DISPUTE BETWEEN YOU AND SPONSOR RELATING TO THE CONTEST SHALL BE REFERRED TO AND FINALLY RESOLVED THROUGH BINDING ARBITRATION ADMINISTERED BY JAMS UNDER THE JAMS STREAMLINED ARBITRATION RULES AND PROCEDURES ON AN INDIVIDUAL BASIS WITH NO CLASS RELIEF. This clause shall be construed as a “written agreement to arbitrate” pursuant to the Federal Arbitration Act.

MISCELLANEOUS
All Participants must bear all expenses incurred by them in connection with participation in the Contest (including, without limitation, the costs associated with Internet access).
Participants submitting documents and/or information to receive the Prize to the Sponsor shall be responsible for their authenticity and accuracy.
The invalidity of any provision of these Rules will not affect the validity of any other provision. In the event that any provision of the Rules is determined to be unenforceable, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid provision was not contained here. Sponsor’s failure to enforce any term of these Rules will not constitute a waiver.
Sponsor’s computer will be the official clock of the Contest.
Headings are solely for convenience and will not be deemed to affect the meaning of this document.
In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Contest-related materials, Privacy Policy or Terms and Conditions and/or the terms and conditions of the Rules, the Rules shall prevail, govern and control.