BIG ORANGE FRI-YAY GIVEAWAY OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED.
- SPONSOR: The Big Orange Fri-Yay Giveaway (the “Promotion”) is sponsored by Nugget Comfort LLC (“Sponsor”).
- ELIGIBILITY: Open to legal residents of the 50 United States and D.C., who are 18 years of age and older as of day of entry. Employees, directors, managers, officers, members, agents and representatives of Sponsor and its affiliates, subsidiaries, and agencies, and members of their immediate family or persons living in the same household, are NOT eligible to participate in the Promotion. The Promotion is subject to applicable federal, state and local laws and regulations. Void wherever prohibited or restricted by law. For the avoidance of doubt, any references in these Official Rules to entrants shall also include the entrants who are deemed the Prize Winners (as defined below).
- AGREEMENT TO OFFICIAL RULES: By participating, entrants agree to abide by and be bound by these Official Rules and the decisions of Sponsor, which are final and binding in all matters relating to this Promotion. Winning a Prize (as defined below) is contingent upon fulfilling all requirements set forth herein.
- PROMOTION PERIOD; ENTRY PERIODS: The Promotion begins at 12:00 pm EST on November 22, 2024, and ends at 12:00 pm EST on November 25, 2024 (“Promotion Period”). The Promotion Period will be divided into four (4) entry periods (each, an “Entry Period”), which corresponds to four (4) separate drawings, as follows:
- HOW TO ENTER:
- During one or more Entry Periods, visit https://nuggetcomfort.com/pages/fri-yay-giveaway and follow the on-screen entry instructions, fill in the required information and complete the steps to submit your entry.
- By submitting a form during an Entry Period, an entrant will receive one (1) entry. Participants may submit one form for each of the four Entry Period (maximum of four (4) form entries).
- Immediately upon submitting their initial entry during an Entry Period, entrants will be eligible to submit up to twelve (12) additional entries (“Bonus Entries”) for the Promotion Period by following the instructions on their entry confirmation page. Entrants will be eligible to receive:
- One (1) Bonus Entry for clicking on the “Visit Nugget on Instagram” link on the entry confirmation webpage.
- One (1) Bonus Entry for clicking on the “Visit The Builds Page” link on the entry confirmation webpage.
- Up to ten (10) Bonus Entries, one for each friend who enters the Promotion using the entrant’s unique referral link provided upon entry confirmation.
- Participants are eligible to submit one (1) form entry per Entry Period, plus up to twelve (12) Bonus Entries during the Promotion Period, for a maximum total of sixteen (16) total entries during the entire Promotion Period.
- Non-winning entries for one Entry Period will automatically roll over to subsequent Entry Periods. For clarity, if a participant submits thirteen (13) entries (one (1) form entry plus twelve (12) Bonus Entries) during Entry Period #1, and they do not win a Prize, then those entries will automatically be included in the drawing for Entry Period #2. If that same participant submits one (1) entry during Entry Period #2, they will have a total of fourteen (14) entries in the drawing for Entry Period #2.
- Limit of one (1) Prize per participant.
- Only one unique entry per IP address. Participants may not enter the Promotion using multiple email addresses, aliases or the like.
- Incomplete or rejected forms, and entries that violate these Official Rules will not be entered into the Promotion and their entries will be deemed ineligible to win a Prize.
- Sponsor’s database computer is the official time-keeping device for the Promotion.
- DRAWINGS:
- Drawing – Entry Period #1: On the afternoon of the Drawing Date for Entry Period #1, two (2) Prize winners will be selected in a random drawing conducted by Sponsor from all eligible entries received for Entry Period #1.
- Drawing – Entry Period #2: On the afternoon of the Drawing Date for Entry Period #2, five (5) Prize winners will be selected in a random drawing conducted by Sponsor from all eligible entries received for Entry Period #2 (including eligible non-winning entries received for Entry Period #1).
- Drawing – Entry Period #3: On the afternoon of the Drawing Date for Entry Period #3, five (5) Prize winners will be selected in a random drawing conducted by Sponsor from all eligible entries received for Entry Period #3 (including eligible non-winning entries received for Entry Periods #1 and #2).
- Drawing – Entry Period #4: On the afternoon of the Drawing Date for Entry Period #4, three (3) Prize winners will be selected in a random drawing conducted by Sponsor from all eligible entries received for Entry Period #4 (including eligible non-winning entries received for Entry Periods #1, #2, and #3).
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PRIZES: Each Prize Winner will have the option to select one of the following three (3) prizes (each, a “Prize”):
Option #1: Receive either one (1) Nugget ($249-$279 retail value), or one (1) Chunk ($199-$219 retail value), in the color of their choice (excluding The Bluey Nugget), subject to availability;Option #2: Gift a friend either one (1) Nugget ($249-$279 retail value), or one (1) Chunk ($199-$219 retail value), in the color of their choice (excluding The Bluey Nugget), subject to availability;Option #3: Receive a refund for either one (1) Nugget (excluding The Bluey Nugget) or one (1) Chunk that the Prize Winner purchased during the 2024 calendar year ($179-$279 retail value). Note, selecting this option will require the Prize Winner to provide Sponsor with the order number and email address that was used to make their prior purchase in 2024.
Upon receiving the prize notification mentioned in Section 6 above, each Prize Winner will inform Sponsor of their Prize option selection via email correspondence with Sponsor. No substitution or transfer of prizes is permitted by a Prize Winner. No cash substitutions will be allowed unless specifically provided above. Sponsor reserves the right to substitute a prize of equal or greater value. Any applicable federal, state or local taxes and any expenses or costs incurred in connection with or incidental to receipt or use of a Prize are the sole responsibility of each Prize Winner, and Sponsor and the Released Entities shall not be responsible or liable for expenses or charges incurred by a Prize Winner in connection with the receipt or use of the prize. Prizes will be awarded upon Sponsor’s confirmation of eligibility and receipt of affidavit of eligibility and release from a prize winner. If a potential winner is disqualified for any reason, Sponsor may, but is not required to, award the applicable prize to an alternate winner using the process described above. PRIZES ARE FINAL IN ALL RESPECTS AND ARE NOT ELIGIBLE FOR RETURNS OR EXCHANGES, AND AWARDED “AS IS” WITH NO GUARANTEES OR WARRANTIES, EITHER EXPRESS OR IMPLIED. Acceptance of a prize constitutes permission to Sponsor to use winner’s name, social media account name and handle and associated photograph, city, state, likeness, image, and/or any statement made by entrant regarding the Promotion or Sponsor for advertising, marketing, promotional, trade, and/or any other purpose in any media or format now known or hereafter devised, throughout the world, in perpetuity, without limitation and without further compensation, consideration, permission, notification, or right of approval, unless prohibited by law.
- RELEASE AND LIMITATION OF LIABILITY: By entering the Promotion, each entrant releases and discharges Sponsor and any other party associated with the development or administration of this Promotion, and each of their parent(s), subsidiaries, affiliates, and agencies, together with each of their respective officers, directors, members, shareholders, employees, independent contractors, representatives, agents, successors and assigns (collectively, the “Released Entities”), from any and all liability whatsoever in connection with this Promotion, including without limitation any and all claims, costs, injuries, losses, damages, demands or actions of any kind (including without limitation personal injuries, death, damage to, loss or destruction of property, rights of publicity or privacy, defamation, or portrayal in a false light) (collectively, “Claims”), and entrants and Prize Winners release and discharge the Released Entities from any and all Claims in connection with or from the administration of this Promotion, and the use, misuse, possession or redemption of a Prize. To the fullest extent permitted by law, each Prize Winner shall indemnify and hold harmless the Released Entities from any claims or damages for bodily injury, sickness, disease or death or from any claims for damage to tangible property. This indemnification shall extend to Claims resulting from use of a Prize and shall apply only to the extent that the Claim is caused in whole or in part by any negligent act or omission of a Prize Winner or user.
- DISCLAIMERS: The Released Entities will not be responsible for: (a) lost, late, illegible, garbled, incomplete, damaged, incorrect, or misdirected entries; (b) an entrant’s failure to receive prize notices due to entrant’s spam, junk e-mail, or other security settings or for entrants’ provision of incorrect or otherwise non-functioning contact information; (c) technical, hardware, or software malfunctions, lost or unavailable network connections, or failed, incorrect, inaccurate, incomplete, garbled, or delayed electronic communications whether caused by the sender or by any of the equipment or programming associated with or used in this Promotion; (d) any human error which may occur in the processing of the entries in this Promotion; or (e) any typographical, technological, or other error in the publishing of the offer, administration of the Promotion, or announcement of the prizes. If, in the Company’s opinion, there is such an error, or there is any suspected evidence of tampering with any portion of the Promotion, or if technical difficulties (including viruses and bugs) compromise the integrity of the Promotion, Sponsor reserves the right to suspend, extend, cancel or modify this Promotion (with or without notice) in a manner deemed appropriate in its sole discretion, and may, but is not required to, substitute another promotion in its place. THE RELEASED ENTITIES MAKE NO WARRANTIES, REPRESENTATIONS OR GUARANTEES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, REGARDING THE PROMOTION OR THE MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY PRIZE OR ANY COMPONENT OF ANY PRIZE.
- GENERAL CONDITIONS: If for any reason the Promotion is impaired or incapable of running as planned for any reason, including but not limited to (a) infection by computer virus or bugs, (b) tampering or unauthorized intervention, (c) fraud, (d) technical failures, or (e) any other causes beyond the control of Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Promotion, Sponsor reserves the right at its sole discretion, to cancel, terminate, modify or suspend the Promotion in whole or in part, at any time, without notice and award the Prizes using all non-suspect eligible entries received as of, or after (if applicable) the cancellation, termination, modification or suspension date, or in any manner that is fair and equitable and best conforms to the spirit of these Official Rules. Sponsor reserves the right, at its sole discretion, to disqualify any individual deemed to be tampering or attempting to tamper with the entry process or the operation of the Promotion, or Sponsor’s website or any third-party website or mobile application used for this Promotion; or acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. Failure by Sponsor to enforce any provision of these Official Rules shall not constitute a waiver of that provision. The failure of Sponsor or the Released Entities to comply with any provision of these Official Rules due to an act of God, act of domestic terrorism, hurricane, war, fire, riot, earthquake, pandemic or epidemic, act of public enemies, actions of governmental authorities outside of the control of such parties (excepting compliance with applicable codes or regulations) or other force majeure events will not be considered a breach of these Official Rules.
- CHOICE OF LAW AND FORUM: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of entrants and Sponsor in connection with the Promotion shall be governed by and construed in accordance with the laws of the State of North Carolina, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s or jurisdiction’s laws. By participating in the Promotion, entrant agrees that: (a) any and all disputes, claims, and causes of action arising out of or in connection with the Promotion, shall be resolved individually without resort to any form of class action; (b) any judicial proceeding shall take place in a federal or state court within the State of North Carolina; (c) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event will attorney fees be awarded or recoverable; (d) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to seek, punitive, incidental, exemplary, consequential, special damages, lost profits, other damages, and/or any rights to have damages multiplied or otherwise increased; and (e) entrant’s remedies are limited to a claim for money damages (if any) and entrant waives any right to seek injunctive or equitable relief.
- MISCELLANEOUS: These Official Rules contain the full and complete understanding with respect to the Promotion and supersede all prior and contemporaneous agreements, representations and understandings, whether oral, electronic or written. In the event of an inconsistency between these Official Rules and any disclosure or other statement contained in any Promotion-related materials, including without limitation, an entry form, email, social media post, or online advertising, these Official Rules will prevail and govern. The headings herein are for convenience only, do not constitute a part of these Official Rules, and shall not be deemed to limit or affect any of the provisions hereof. No amendment to, or waiver of, any provision of these Official Rules shall be effective unless in writing and signed by Sponsor. The waiver by Sponsor of any provision of these Official Rules shall not constitute a waiver of any other provision herein. The rights and obligations hereunder may not be assigned by entrant, whether by operation of law or otherwise, without the prior written consent of Sponsor, and any attempted assignment in violation of the foregoing shall be null and void. These Official Rules shall be binding upon, and inure to the benefit of, the permitted successors and assigns of Sponsor and entrants.
- RELEASE: THIS PROMOTION IS SPONSORED BY NUGGET COMFORT LLC. THIS PROMOTION IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH, INSTAGRAM, TIKTOK OR ANY OTHER THIRD PARTY. BY ENTERING THE PROMOTION, YOU AGREE TO RELEASE INSTAGRAM, TIKTOK AND ALL OTHER THIRD PARTIES FROM ANY POTENTIAL LIABILITY IN CONNECTION WITH YOUR ENTRY AND PARTICIPATION IN THE PROMOTION.
- PRIVACY: Information submitted with an entry is subject to the Privacy Policy stated on www.nuggetcomfort.com/pages/privacy-policy.
- WINNERS LIST: If required by law, a list of the Prize Winners will be available for thirty days following the Promotion Period, which you may request a copy thereof by sending such a request via a #10 envelope to: Nugget Comfort LLC, 200 Business Park Drive, Butner, North Carolina 27509. Requests received after such thirty-day period will not be honored.
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WINNERS:
Janet L.
Katlynn L.
Alysia G.
Allison C.
Rebecca R.
Mike F.
Casey C.
Shannon H.
Lauren K.
Kathy W.
Mercedes M.
Candice K.
Elaine C.
Alicia R.
Entry Period | Start Date | End Date | Drawing Date |
Entry Period #1 | 11/22/2024 at 12:00 pm EST | 11/22/2024 at 11:59 pm EST | 11/23/2024 |
Entry Period #2 | 11/23/2024 at 12:00 am EST | 11/23/2024 at 11:59 pm EST | 11/24/2024 |
Entry Period #3 | 11/24/2024 at 12:00 am EST | 11/24/2024 at 11:59 pm EST | 11/25/2024 |
Entry Period #4 | 11/25/2024 at 12:00 am EST | 11/25/2024 at 12:00 pm EST | 11/25/2024 |
There will be a total of fifteen (15) unique Prize winners (each, a “Prize Winner”) during the entire Promotion Period (all four Entry Periods), as described above. Odds of winning a Prize depend on the number of entries received at the time of each drawing. Potential winner will be notified by Sponsor via email and must sign and return any required affidavit of eligibility and release of Sponsor within seven (7) days of the date notice is sent by Sponsor. If the potential winner fails to respond within such seven (7) day period, and/or the prize notification is returned as undeliverable, such potential winner will forfeit the Prize, and Sponsor may, but is not required to, select an alternate prize winner by a random drawing from among all remaining eligible entries. By entering the Promotion, entrant accepts and agrees to these Official Rules and the decisions of Sponsor, which shall be final in all matters.