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BAKED BY MELISSA GOLDEN CUPCAKE PROMOTION OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER OR WIN A PRIZE. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.

1. Eligibility The Baked by Melissa Golden Cupcake Promotion (the “Promotion”) is open only to legal residents of the United States and the District of Columbia (including Puerto Rico) who are eighteen (18) years or older at the time of entry and have reached the age of majority at time of participation. Void where prohibited by law. Employees of Sponsor or any of its affiliates, subsidiaries, advertising agencies, or any other company or individual involved with the design, production execution or distribution of the Promotion and their immediate family (spouse, parents and step-parents, siblings and step-siblings, and children and step-children) and household members (people who share the same residence at least three (3) months out of the year) of each such employee are not eligible. The Promotion is subject to all applicable federal, state and local laws and regulations. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Promotion. Winning a prize is contingent upon fulfilling all requirements set forth herein.

2. Sponsor The Promotion is sponsored by Baked by Melissa, LLC. (“Sponsor”).

3. Timing The Promotion begins on September 12, 2018 at 12:01 AM ET, and ends until the earlier of October 7, 2018 at 11:59 PM ET or when all Golden Cupcake Game Sleeves (“Game Sleeves”) are distributed (the “Promotion Period”).

4. To Participate
There are two ways to participate:

(a) During the Promotion Period, participants (each a “Participant”) will automatically receive one (1) Game Sleeve with each purchase of a The Latest and Greatest Cupcake 25-Pack from Sponsor, either in person at a participating Baked by Melissa store during its regular business hours, or online at https://www.bakedbymelissa.com/; or

(b) Participants who wish to participate without making a purchase may request a free Game Sleeve by sending a self-addressed, stamped envelope, to: Baked by Melissa Golden Cupcake Promotion, 3200 Liberty Avenue, Unit 3, North Bergen, NJ 07047. Vermont residents may exclude return postage. All requests must be postmarked by October 7, 2018 and received no later than October 12, 2018. Availability of Game Sleeves by mail subject to same limit as purchasers. Limit one request per outer envelope.

The following locations are Baked by Melissa participating stores and ecommerce site (www.bakedbymelissa.com):

  • Store Name Address
    Columbus Circle 975 8th Avenue, New York, NY 10019
    Fashion District 526 7th Avenue, New York, NY 10018
    Financial District 110 Fulton Street, New York, NY 10038
    Garden State Plaza Westfield Garden State Plaza Mall Level 2 1 Garden State Plaza, Paramus, NJ 07652
    Gramercy 111 E. 23rd Street, New York, NY 10010
    Grand Central 109 E. 42nd Street, New York, NY 10017
    JFK Airport – JetBlue Terminal 5 Main Concourse, Jamaica, NY 11430
    Roosevelt Field 630 Old Country Road, Garden City, NY 11530
    SoHo 63 Spring Street, New York, NY 10012
    Times Square 1585 Broadway, New York, NY 10036
    Union Square 7 E. 14th Street, New York, NY 10003
    Upper East Side @ 61st Street 784 Lexington Avenue, New York, NY 10065
    Upper East Side @ 86th Street 206 East 86th Street, New York, NY 10028
    Upper West Side 2325 Broadway, New York, NY 10024

5. Prizes A total of 1,110 Prize Sleeves will be randomly seeded with winning codes. If a Game Sleeve contains a winning code, then participant has won a Prize, subject to verification and compliance with these Official Rules. Other conditions and restrictions may apply. A verified winning Game Sleeve code solely determines if a Participant has won a Prize. Without limitation, the frosting color or the color of the cupcakes purchased does not determine a potential or verified Prize Winner. The following prizes will be awarded:

  • Number of Winning Game Sleeves Prize Description Approximate Retail Value
    Ten (10) Ten (10) annual certificates for one hundred (100) Baked by Melissa Cupcakes (including tax and shipping, if required) $1,279.50
    One Hundred (100) One (1) certificate for twenty five (25) Baked by Melissa Cupcakes (including tax and shipping, if required), redeemable in store and online. Certificate expires 10/31/2018. $28.00
    One Thousand (1,000) One (1) certificate for ten (10) percent off a future Baked by Melissa purchase, (excluding tax and shipping), redeemable in store and online. Certificate expires 10/31/2018. (varies)

Prizes are non-transferable. No substitution, cash redemption, assignment or transfer of prize permitted, except by Sponsor, who reserves the right in its sole discretion to substitute a prize with another prize of greater or equal value. All federal, state and local taxes, if any, related to a prize are the responsibility of the individual Prize Winner. Certificates may only be redeemed at participating Baked by Melissa stores, or online at https://www.bakedbymelissa.com/.

6. Prize Claims Potential Baked by Melissa Golden Cupcake Promotion Grand Prize Winners must submit claims by email to [email protected] or by phone at (212) 842-0220 during regular business hours, and such claim(s) shall be received by Sponsor on or before October 19, 2018 at 6:00 PM ET. Claims not received and/or received after such time and date will be void. After the Promotion Period, prizes identified in a Game Sleeve, if any, lose all value. Game Sleeve(s) submitted for redemption becomes the property of Sponsor and will not be returned. All Game Sleeves are subject to verification by Sponsor. POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE PROMOTION. Game Sleeve is void if Game Sleeve fails to pass verification process, or is photocopied, reproduced, altered, forged, defaced, tampered with, or mutilated in any way. Game Sleeve will also be void if defective or it contains printing or other mechanical errors or is printed or produced in error, or if it is determined that Game Sleeve was stolen or not obtained via legitimate means. No Prize will be awarded to the holder of any Game Sleeve which is determined to be void. Not valid with any other offer or discount.

7. Verification of Potential Winners Potential winners must continue to comply with all terms and conditions of these Official Rules and winning is contingent upon fulfilling all requirements. Potential winners will be required to sign and return to Sponsor, within three (3) business days of the date notice is sent, an affidavit of eligibility, and liability/publicity release (except where prohibited) in order to claim his/her prize if applicable. If a potential winner of any prize cannot be contacted, fails to sign and return the affidavit of eligibility and liability/publicity release within the required time period, or if the prize or prize notification is returned as undeliverable, potential winner forfeits prize. In the event that a potential winner of a prize is disqualified for any reason, Sponsor may award the applicable prize to an alternate winner by random drawing from among all remaining eligible entries.

8. Undistributed Game Sleeves In the event all Game Sleeves are not distributed within the Promotion Period, those undistributed Game Sleeves will be voided and may not be redeemed for any Prizes.

9. Entry Conditions and Release By entering, each participant agrees to: (a) comply with and be bound by these Official Rules and the decisions of the Sponsor which are binding and final in all matters relating to this Promotion; (b) release and hold harmless the Sponsor, and its parents, subsidiary, and affiliated companies, the prize suppliers and any other organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Promotion, and all of their respective past and present officers, members, directors, employees, agents and representatives (collectively, the “Released Parties”) from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a participant’s entry, creation of an entry or submission of an entry, participation in the Promotion, acceptance or use or misuse of prize (including any travel or activity related thereto) and/or the broadcast, exploitation or use of entry; and (c) indemnify, defend and hold harmless Released Parties from and against any and all claims, expenses, and liabilities (including reasonable attorneys’ fees) arising out of or relating to an entrant’s participation in the Promotion and/or entrant’s acceptance, use or misuse of prize.

10. Publicity Except where prohibited, participation in the Promotion constitutes winner’s consent to Sponsor and its agents’ use of winner’s name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration.

11. General Conditions Game Sleeves are void if not obtained through authorized, legitimate channels, or if any part is defective, altered, duplicated, photocopied, forged, counterfeited, mutilated or tampered with in any way, or if Game Sleeve contains or is the result of printing, seeding, typographical, mechanical or other errors, or do not contain proper security devices. Sponsor reserves the right to cancel, suspend and/or modify the Promotion, or any part of it, for any reason or if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Promotion, as determined by Sponsor in its sole discretion. Sponsor is not responsible for late, lost, misdirected, or postage due mail. If due to a printing, production or other error, more prizes are claimed than are intended to be awarded for any prize level per the above, the intended prizes will be awarded in a random drawing from among all verified and validated prize claims received for that prize level. In no event will more than the stated number of prizes be awarded. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process, the Game Sleeves or the operation of the Promotion or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Promotion may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

12. Limitations of Liability The Released Parties are not responsible for: (a) 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 Promotion; (b) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (c) unauthorized human intervention in any part of the entry process or the Promotion; (d) technical or human error which may occur in the administration of the Promotion or the processing of entries; or (e) 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 Promotion 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 Promotion, provided that if it is not possible to award another entry due to discontinuance of the Promotion, or any part of it, 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. No more than the stated number of prizes will be awarded. In event that production, technical, seeding, programming or any other reasons cause more than stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, unawarded, eligible prize claims.

13. Disputes Except where prohibited by law, as a condition of participating in this Promotion, each entrant agrees that (1) any and all disputes and causes of action arising out of or connected with this Promotion, including but not limited to prize awarded, shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of JAMS and held at the JAMS regional office nearest the Entrant; (2) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (3) judgment upon such arbitration award may be entered in any court having jurisdiction. Under no circumstances will any entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than entrant’s actual out-of-pocket expenses (i.e., costs associated with participating in this Promotion), and entrant further waives all rights to have damages multiplied or increased. Entrants further agree that any and all disputes, claims and causes of action arising out of or connected with this Promotion, or any prize awarded shall be resolved individually, without resort to any form of class action. 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 Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.

14. Privacy. Sponsor’s use of personal information is subject to Baked by Melissa, LLC’s Privacy Statement, which is subject to change at any time. Located at https://www.bakedbymelissa.com/privacy-policy-cookie-restriction-mode

15. Winners’ List For the Promotion’s results, send a hand-printed, self-addressed, stamped envelope to: “Winner’s List” c/o Baked by Melissa Golden Cupcake Promotion, 104 West 14th St. 4th Floor New York, NY 10011. Requests for the Winner’s List must be received by Sponsor within 60 calendar days after the end of the Promotion Entry Period.

Questions?: Please email us at [email protected], with “BAKED BY MELISSA GOLDEN CUPCAKE PROMOTION” in the subject line.

ABBREVIATED RULES

NO PURCHASE NECESSARY. Void where prohibited. Open to legal residents of the United States and the District of Columbia 18 years or older. Begins on 9/5/18 12:01 AM ET. Prizes/Number: ARV of Grand Prize is $1120 (10), First prize is $28 (100), and Second Prize 10% discount (1,000). Odds of winning depend on the total number of entries received. Subject to Official Rules located at www.bakedbymelissa.com/goldencupcakeofficialrules. Sponsor: Baked by Melissa, LLC., 104 West 14th St. 4th Floor New York, NY 10011.