NUGGET – GIVING TUESDAY GIVEAWAY OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED.
- Nugget Comfort LLC, 200 Business Park Drive, Butner, North Carolina 27509 (“Sponsor”).
- ELIGIBILITY: Open to residents of the 50 United States and D.C, 18 years of age and older as of day of entry, except for employees, directors, managers, officers, members, agents and representatives of Sponsor and its affiliates, subsidiaries, and agencies and companies involved in the design, implementation and execution of the promotion (collectively “Promotion Parties”), and members of their immediate family or persons living in the same household. The promotion is subject to applicable federal, state and local laws and regulations and is void wherever prohibited or restricted by law.
- 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 is contingent upon fulfilling all requirements set forth herein.
- HOW TO ENTER: Beginning on November 28, 2023 at 9:00am EST and continuing through November 29, 2023 at 9:00am EST (“Promotion Period”), log in to your Instagram account and 1) like Sponsor’s (@nuggetcomfort) post, 2) share the post to your stories and tag Sponsor, and 3) tag three (3) of your friends in the comment section.
- DRAWING: A random drawing will be conducted on or about November 29, 2023, by Sponsor to select the winner from among all eligible entries received during the Promotion Period. Odds of winning depend on the number of entries received. Potential winner will be notified by Sponsor via Instagram direct message and must sign and return any required affidavit of eligibility and release of Sponsor within three (3) days of the date notice is sent by Sponsor or such other date set by Sponsor. Failure to respond within the applicable time period will result in forfeiture of prize and Sponsor shall have the option, but is not required, to award the prize to an alternate winner. The return of any prize notification or prize as undeliverable may result in disqualification and an alternate winner may, but is not required to, be selected. All income taxes resulting from acceptance of prize are the responsibility of winner. By entering this promotion, entrant accepts and agrees to these Official Rules and the decisions of Sponsor, which shall be final in all matters. Acceptance of a prize also constitutes permission to Sponsor and Promotion Parties 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 or promotional purposes without further compensation or right of approval, unless prohibited by law.
- THE GREEN CHAIR – GIVING TUESDAY DONATION: In addition to the prize giveaway to the winning participant, Sponsor will make a charitable contribution to The Green Chair Project in an amount equal to $1.00 for every eligible entry in this giveaway, in an aggregate amount up to $25,000. The Green Chair Project is a Wake County, North Carolina nonprofit providing home furnishings and essentials to its community’s most vulnerable. Check them out at https://thegreenchair.org.
- LIMITATION OF LIABILITY: By entering the promotion, each entrant releases and discharges Sponsor, Promotion Parties and any other party associated with the development or administration of this promotion, and each of their parent(s), subsidiaries, affiliates, 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 the prize winner release and discharge the Released Entities from any and all Claims in connection with the administration of this promotion and the use, misuse, possession or redemption of a prize. To the fullest extent permitted by law, the 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 the prize winner or user.
- DISCLAIMERS: The Released Entities will not be responsible for: late, incomplete, or incorrect entries; 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; 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; by any human error which may occur in the processing of the entries in this promotion; or any typographical, technological, or other error in the publishing of the offer, administration of the promotion, or announcement of the prizes. 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.
- PRIZES: One (1) entrant will be awarded a prize of (i) one (1) Nugget in a solid color of their choosing as currently available on Sponsor’s website (retail value of $249-279.00). No substitution or transfer of prizes permitted by winner. No cash substitutions will be allowed. 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 the 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. All prizes will be awarded upon Sponsor’s confirmation of eligibility and receipt of affidavit of eligibility and release. If a potential winner is disqualified for any reason, Sponsor may, but is not required to, award the applicable prize to an alternate winner by random drawing from among all remaining eligible entries. 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.
- GENERAL CONDITIONS: If for any reason the promotion is impaired or incapable of running as planned for any reason, including but not limited to (i) infection by computer virus or bugs, (ii) tampering or unauthorized intervention, (iii) fraud, (iv) technical failures, or (v) 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 disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the promotion in whole or in part, at any time, without notice and award a prize 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 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: (i) 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; (ii) any judicial proceeding shall take place in a federal or state court within the State of North Carolina; (iii) 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; (iv) 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 (v) 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. 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 OR ANY OTHER THIRD PARTY. BY ENTERING THE PROMOTION, YOU AGREE TO RELEASE INSTAGRAM FROM ANY POTENTIAL LIABILITY IN CONNECTION WITH YOUR ENTRY AND PARTICIPATION IN THE PROMOTION.
- WINNERS LIST: If required by law, the prize winner’s list will be available for thirty days following the drawing, 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.
Winner - McKynzee J.