1. TO ENTER “ASHER’S MASCOT NAMING CONTEST” (the “Contest”) entrant must complete and submit entry by following the instructions found on https://Ashers.com/mascot-contest. In the event of a dispute, entries received online shall be deemed to be submitted by the “Authorized Account Holder” of the email address submitted at the time of entry. “Authorized Account Holder” is defined as the natural person to whom the e-mail address associated with the entry is registered. Such email address shall have been registered with an internet access provider, online service provider, or other organization (e.g. business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. There is no daily limit of entries per individual, however, only one proposed mascot name may be submitted per each entry. Contest starts on August 19, 2022 at 12:01AM EST; and closes on September 2, 2022 at 11:59PM EST (the “Contest Period”). Entries submitted either before or after Contest Period will be disqualified. One (1) grand prize (the “Prize”) will be awarded for one winning entry which shall be selected from among all eligible entries received during the Contest Period. Contest is void where prohibited by law.
2. NO PURCHASE NECESSARY. PURCHASE OF PRODUCTS DO NOT INCREASE CHANCE OF WINNING CONTEST.
3. The contest sponsor is Asher’s Chocolate Co. which has a corporate headquarters located at 80 Wambold Road, Souderton, Pennsylvania 18964 (hereinafter referred to as the “Contest Sponsor”).
4. To enter and to be eligible to win, entrant must be 18 years of age and be a citizen or legal resident in the United States of America (excluding residents of Alaska and Hawaii) or the District of Columbia. Employees of Contest Sponsor, its agents, parent companies, affiliated or related companies, subsidiaries, divisions, Prize sponsors, and promotional and advertising agencies and administrators, and the parents, siblings, and children of, and persons domiciled with, such employees, are ineligible to enter.
5. Prize – One potential winner will win one (1) Prize consisting of a one (1) year supply of Asher’s Chocolate Co. chocolate. The Prize will be any assortment of Asher’s Chocolate Co. branded bulk candy of the potential winner’s choice which shall be shipped to one potential winner in weekly installments consisting of one (1) pound of chocolates (which has an estimated retail valued of $16.95 per pound) for the duration of one (1) calendar year from the date of first redemption. The total approximate retail value of the entire Prize is $881.40. Contest Sponsor reserves the right to substitute the winner’s chosen candy with another candy of Contest’s Sponsor’s choice based on availability. Prize will be only be shipped to the potential winner’s residential address which must be located in the contiguous United States or the District of Columbia. Prizes will not be shipped to any addresses in Hawaii or Alaska. Potential Prize winner is solely responsible for all taxes on Prize and any other costs not expressly described herein.
6. The Prize shall be provided on an as-is basis and must be accepted as awarded. The Prize may not be sold, transferred, assigned, or substituted and Prize is not convertible to cash. If a potential winner declines to accept the Prize, has violated any of these Rules, or fails to sign and return documents required by the Contest Sponsor (including, publicity release, liability waiver, and tax forms) within the required time period, then an alternate entrant may be selected as the Contest Winner, at Contest Sponsor’s discretion and if time permits, in his/her/their place based on the judging criteria described below. The Contest Sponsor reserves the right to substitute the Prize in whole or in part in the event that all or any component of the Prize is unavailable.
7. Once the Contest Period has closed, a winning entry will be selected from among all eligible entries received during the Contest Period. There will be one round of judging after the close of the Contest. All entries will be compiled and presented to the judging panel for review and selection. The winning entry will be selected by a panel of five judges consisting of Contest Sponsor’s President and CEO, Contest Sponsor’s Chairman of the Board, Contest Sponsor’s Marketing Manager and two other representatives of Contest Sponsor. Entries will be evaluated and a winning entry will be selected using the following criteria: creativity, originality, commercial appeal, the suitability of the name for mascot and the relatability of the name to chocolate. The odds of winning the Prize will depend upon the total number of eligible entries received during the Contest Period. Contest Sponsor, acting reasonably, will attempt to contact the potential winner by email and/or telephone. Proof of identification must be provided upon request. Acceptance of the Prize assumes that the potential winner has read, and understood these official rules and regulations (“Rules”), accepts the Prize as offered and releases the Contest Sponsors from any and all liability of any kind arising out of the potential winner’s participation in this Contest and receipt, and use, of the Prize. The provisions and procedures referred to above relating to selection and notification of a potential winner, shall be applied, with the necessary amendments, until a qualified winner has been duly selected, but in any event, no later than Monday, September 12, 2022.
8. By entering this Contest, the entrants and participants agree to be bound by and comply with these Rules. All decisions of the Contest Sponsor with respect to any aspect of this Contest, including, without limitation, the eligibility of entries, are final and binding on all entrants in all matters as they relate to this Contest.
9. By submitting an entry, each entrant represents and warrants that: (a) entrant is not submitting any confidential, proprietary, or trade secret information and entrant understands that entry will not be treated as confidential by Contest Sponsor; (b) entrant is not submitting any content that contains software viruses, Trojan horses, worms, time bombs, bots or any other computer code or files that are designed to disrupt, damage, or limit the functioning of any software or hardware; (c) entry is an original creation of the entrant; (d) entry does not violate any applicable law, statute, ordinance, rule or regulation, or any agreement with any third party; and (e) entry does not infringe upon or violate intellectual property or publicity rights held by any third party. Contest Sponsor may disqualify any entry that, in its sole discretion, violates these Rules.
10. By submitting an entry, entrant agrees that all entries become property of the Contest Sponsor and entrant hereby agrees to irrevocably transfer and assign all rights, title and interest (including, but not limited to, any intellectual property rights including trademarks and copyright rights) in any jurisdiction throughout the world) in the entry to Contest Sponsor for no additional payment. In the event that entrant is deemed to own any rights in or to the entry (or any portion thereof), entrant will sign whatever documents necessary to permanently and irrevocably transfer and assign all rights, title and interest to the entry to Contest Sponsor for no additional consideration.
11. By submitting an entry, entrant consents to the use of entry, by Contest Sponsor and its affiliates, agents, and representatives, of entrant’s name, likeness, image, biographical information, award information (if an award winner), any trademarks or service marks, and any personal data submitted with your entry, for any purposes related to the Contest or the marketing, advertising or promotion thereof.
12. Contest Sponsor may disqualify any entry that: (a) contains illegal, offensive, or otherwise inappropriate content; (b) was not created by the entrant, has been previously published or otherwise made public; or (c) contains sensitive confidential, personally identifiable, or proprietary information or other materials belonging to a third party. Contest Sponsor may disqualify any entry that violates these Rules.
13. Contest Sponsor assumes no responsibility for garbled, lost, late, undelivered, misdirected, incomplete, damaged, delayed, or destroyed entries or any technical issues with entry process (including, but not limited to, computer errors or malfunctions) or unauthorized or fraudulent interference with entry process and will void any entries on these bases. No correspondence will be entered into except with entrants requesting Rules by mail or requesting the name of the Prize winner (for which a self-addressed, postage paid envelope must be included). Contest Sponsor does not assume any responsibility for incorrect or inaccurate capture of entry information, technical malfunctions, human or technical error, seeding or printing errors, lost, delayed or garbled data or transmissions, omission, interruption, deletion, defect or failures of any telephone or computer line or network, computer equipment, software or any combination thereof. Entry materials-data that have been tampered with or altered are void. If for any reason, in the opinion of the Contest Sponsor, in its sole discretion, the Contest is not capable of running as originally planned, or if the administration, security, fairness, integrity or the proper conduct of the Contest is corrupted or adversely affected, including by reason of infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures or any other causes beyond their control, the Contest Sponsor reserves its right to cancel, terminate, modify, amend, extend or suspend the Contest including canceling any method of entry, and select a winner from previously received eligible entries. The Contest Sponsor reserves its right to modify the Rules without materially affecting the terms and conditions hereof. The Contest Sponsor reserves its right in its sole discretion to disqualify any individual they find to be tampering with the entry process or the operation of the Contest or to be acting in violation of the Rules or otherwise in a disruptive manner. The Contest Sponsor has the exclusive power to interpret the Rules, and Contest Sponsor’s decisions regarding interpretation of the Rules are final and binding on all participants. Any attempts to deliberately damage the Contest web site or to undermine the legitimate operation of this Contest is a violation of criminal and civil laws and should such an attempt be made the Contest Sponsor reserves its right to seek remedies and damages to the fullest extent of the law. The Contest Sponsor shall not be held responsible for any errors or negligence that may arise or occur in connection with the Contest including any damage to an entrant’s computer equipment, system, software or any combination thereof, as a result of their participation in this Contest or from downloading any material from the Contest web site.
14. Contest is subject to all applicable federal, state and municipal laws and regulations. By entering this Contest, each entrant consents to the collection, use and distribution of his or her personal information (information that identifies an entrant as an individual, such as home telephone number, age and home address) by the Contest Sponsor for the purposes of implementing, administering and fulfilling this Contest. Contest Sponsor will not sell or transmit this information to third parties except for the purposes of administering this Contest. Entrant agrees that Contest Sponsor’s use of entrant’s personal data will be governed by Contest Sponsor’s Privacy Policy at https://ashers.trailblazing.agency/privacy-policy/. Any inquiries concerning the personal information held by the Contest Sponsor or any requests for technical support in connection with the Contest should be addressed to Asher’s Chocolate Co. at marketing@ashers.trailblazing.agency.
15. In the event of any discrepancy or inconsistency between the terms and conditions of the Contest Rules and disclosures or other statements contained in any Contest related materials, including but not limited to the Contest entry form, or point of sale, television, print or online advertising, the terms and conditions of the Contest Rules shall prevail, govern and control.
16. All intellectual property, including but not limited to trademarks, logos, designs, promotional materials, web pages, source codes, drawings, illustrations, slogans and representations are owned by the Contest Sponsor and/or its affiliates. All rights are reserved. Entrant agrees that nothing in the Contest Rules grants entrant the right or license to use any intellectual property of Contest Sponsor. Unauthorized copying or use of any copyrighted material or intellectual property without the express written consent of its owner is strictly prohibited.
17. Entrant agrees to release, indemnify and hold harmless, Contest Sponsor and its respective affiliates, agents, representatives, officers, directors, shareholders, and employees (collectively, “Contest Sponsor Entities”) from and against any injuries, losses, damages, claims, actions and any liability of any kind (including attorneys’ fees) resulting from or arising out of entrant’s participation in, association with, or submission to the Contest (including any claims alleging that entrant’s entry infringes, misappropriates, or violates any third party’s intellectual property rights). IN NO EVENT WILL CONTEST SPONSOR BE LIABLE TO ENTRANT FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH ENTRANT’S PARTICIPATION IN THE CONTEST, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT CONTEST SPONSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
18. Entrant acknowledges that multiple participants may submit entries that contain designs, concepts, approaches, or technologies similar to entrant’s entry and that Contest Sponsor, and/or its respective affiliates and business partners may already be investigating or developing materials, or have business activities, that are related to or similar to those disclosed in your entry. Entrant acknowledges and agrees that Contest Sponsor’s actions with respect to another entry or one of its own solutions, investigations, or business activities, even if similar to entrant’s entry, will not create any liability, of any kind, by Contest Sponsor to entrant or others. Further, Contest Sponsor is not and will not be restricted in any way from pursuing, developing, or commercializing, in any way that it sees fit, independent of you and at its sole discretion, any trademarks, logos, designs or other materials created independently of entrant’s entry. Participation in this Contest or acceptance of the award does not create an obligation on Contest Sponsor’s part to enter into any business relationship with entrant. There is no offer of a license, royalty, or other financial compensation implied beyond the award described above.
19. These Rules are governed by the laws of the Commonwealth of Pennsylvania, without reference to rules governing choice of laws. Any action, suit, or case arising out of, or in connection with, this Contest or these Rules must be brought in either the federal courts located in Pennsylvania or the state courts located in Montgomery County, Pennsylvania.
20. BY SUBMITTING AN ENTRY, ENTRANT IS ACCEPTING THE TERMS AND CONDITIONS STATED IN THESE RULES, AGREEING TO BE BOUND BY THE DECISIONS OF CONTEST SPONSOR, AND WARRANTING THAT ENTRANT IS ELIGIBLE TO PARTICIPATE IN THE CONTEST AND HAVE ANY NECESSARY RIGHTS TO DO SO. IF ENTRANT CANNOT ACCEPT THESE RULES, DO NOT SUBMIT AN ENTRY TO THE CONTEST.
