Feedfeed – Ghirardelli Contest Official Rules

PLEASE REVIEW THESE OFFICIAL RULES BEFORE ENTERING THE FEEDFEED – GHIRARDELLI S’MORES CONTEST (the “FEEDFEED - GHIRARDELLI CONTEST”).

THE CONTEST IS VOID WHERE PROHIBITED BY LAW.

ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.

THE GHIRARDELLI - FEEDFEED CONTEST IS IN NO WAY SPONSORED, ENDORSED, OR ADMINISTERED BY, OR ASSOCIATED WITH, INSTAGRAM.

To enter the GHIRARDELLI - FEEDFEED Contest, you must agree to be bound by these Official Rules (the “Official Rules”) and hereby do so agree. Therefore, please read the following Official Rules prior to entry to ensure you understand and agree. You agree that submission of an entry to the Contest constitutes agreement to these Rules. You may not submit an entry to the Contest and are not eligible to receive the prizes described in the Rules, unless you agree to these Rules. These Rules form a binding legal agreement between you, Feedfeed LLC, and the Sponsor (as defined below) with respect to the Feedfeed - Ghirardelli Contest. Submitting an entry constitutes your full and unconditional agreement to and acceptance of these Official Rules and the decisions of Sponsor, which shall be final and binding on all matters relating to the Feedfeed - Ghirardelli Contest.

1. SPONSOR/ADMINISTRATOR: The Feedfeed - GHIRARDELLI Contest is sponsored by Ghirardelli (Ghirardelli brand), 1111 139th Ave., San Leandro, CA 94578 (the “Sponsor”), and administered by Feedfeed LLC, [PO Box 913 Amagansett, NY 11930] (the “Administrator”).

2. CONTEST PERIOD: The Contest begins at 8:00 AM. Eastern Daylight Time (“EDT”) on July 30, 2020 and ends at 11:59 p.m. EDT on September 8, 2020 (the “Contest Period”). All entries must be received by 11:59 p.m. EDT on September 8, 2020.

3. ELIGIBILITY: The Feedfeed - Ghirardelli Contest is open only to current legal residents of the fifty (50) United States and the District of Columbia, who, as of date of entry, are at least eighteen (18) years of age and possess a valid state ID. BY SUBMITTING AN ENTRY, PARTICIPANTS (REFERRED TO ALSO AS “ENTRANTS” OR “YOU”) CONFIRM THAT THEY ARE AT LEAST 18 YEARS OF AGE. The FeedFeed - Ghirardelli Contest shall be construed and evaluated solely according to United States law and is void where prohibited and subject to all federal, state and local laws and regulations. Employees, officers, directors, agents, and independent contractors of Sponsor and/or Administrator, their parent companies, subsidiaries, affiliated companies, retailers, advertising and promotion agencies, and/or judging organizations (collectively with Sponsor and Administrator, the “Contest Parties”), as well as each of their immediate family members (spouses, parents, children, and siblings and their spouses), and household members of each (whether related or not), are not eligible to enter or win the FeedFeed - Ghirardelli Contest. In order to be eligible, all Entrants into the FeedFeed – Ghirardellli Contest must include with their Instagram posts or Instagram stories the hashtags #feedfeed, #aBiteBetter, and #contest. By entering the FeedFeed - Ghirardelli Contest, Entrants acknowledge compliance with these Official Rules, including the eligibility requirements.

4. HOW TO ENTER: During the Contest Period, Entrants are invited to post to Instagram a photo of a s’more they’ve prepared using Ghirardelli Squares. Specifically, Entrants must:

Follow @Ghirardelli and @thefeedfeed on Instagram,
Before entering the contest, the Entrant must switch the “Photos Are Private” option in his or her Instagram account settings to “OFF”.
Post a picture to Instagram of a s’more that the Entrant made using an Ghirardelli Square product
Tag the post containing the photo (or regram of an old post containing the photo) #feedfeed, #aBiteBetter, and #contest in the primary caption
While an entry may contain the recipe for the pictured meal, full recipes are not required,
YOU MUST PAY NOT MORE THAN $22.95, WHICH IS THE SUGGESTED RETAIL COST OF THE MOST EXPENSIVE GHIRARDELLI PRODUCT, TO COMPETE IN THE FEEDFEED – Ghirardelli CONTEST.

Three (3) Grand Prize winners, as described below, will be selected by Administrator based on the Judgment Criteria, as described below. Entrants may enter more than once, but each entry must be submitted as a separate post.

You must be a registered member of Instagram in order to participate in the Feedfeed - Ghirardelli Contest or win prizes. Membership on Instagram is free, but a compatible mobile device is required to download the Instagram application and use the Instagram service. In accordance with applicable law, use of the #contest hashtag serves to disclose to the public that you are entering a contest for a chance to win a prize. If the hashtag #contest is omitted from your post, your entry is subject to disqualification.

Each Instagram post entry to the Feedfeed - Ghirardelli Contest must meet the following requirements, and any entry that, in Sponsor’s sole and absolute discretion, violates the following requirements will be disqualified: The entry should not contain any third party copyrighted material that Entrant does not have written permission to use and to sublicense to Sponsor for use in marketing and advertising. Any entry that is considered by Sponsor in its sole and absolute discretion to be obscene, pornographic, libelous, hate speech, disparaging, or otherwise objectionable, in whole or in part, will be disqualified and will not be eligible for entry. In the event that Sponsor, in its sole discretion, determines that any entry contains content that does not comply with these Official Rules, is inappropriate, or does not otherwise comply with regulatory guidelines, Sponsor reserves the right to disqualify the entry. All entries must comply with these Official Rules and the registration instructions outlined above in order to be eligible. Entries must be in keeping with Sponsor’s image, or desired image, or they will be disqualified. Any entry that violates this section or is otherwise objectionable (as determined solely by Sponsor) will not be considered and will be disqualified. By submitting an entry, you understand Sponsor has the right to post the entry on Sponsor’s applications, websites, and/or in other Sponsor-selected media. Entrants and winners acknowledge and agree that Sponsor has the right to edit, adapt, modify, reproduce, promote, and otherwise use entries (or excerpts of entries) in any way it sees fit. By entering, you agree to waive any rights you may have to the entry submitted.

Normal Internet access and usage charges imposed by Entrants’ online service will apply and are Entrants’ sole responsibility. If entering via mobile device, normal phone/data and usage charges imposed by your phone service may apply. Contest Parties are not responsible for any compatibility issues with Entrant’s device/browser used for entry. Entries become the property of Sponsor upon receipt and will not be acknowledged or returned. Contest Parties are not responsible for lost, late, misdirected, corrupted, or incomplete entries. Proof of submission is not proof of receipt by Sponsor. Entries generated by a script, computer programs, macro, programmed, robotic, or other automated means are void and may be disqualified. Entries submitted by Entrants who do not meet the eligibility requirements (including all requirements with respect to age and residence) are void. For purposes of the Feedfeed - Ghirardelli Contest, an on-line entry is “received” when Sponsor’s website’s servers record the entry information. Proof of sending (such as an automated computer receipt confirming entry or “thanks for entering” message) does not constitute proof of actual receipt of an entry for purposes of the Feedfeed - Ghirardelli Contest. Those who do not follow all of the instructions, provide the required information in their entry form, or abide by these Official Rules or other instructions of Sponsor or Administrator may be disqualified

5. PRIZE AND APPROXIMATE RETAIL VALUE: Three (3) Grand Prizes: Staub Cocotte, Staub Fry Pan, Staub Baking Dish, Ghirardelli Chocolate, Squish Marshmallows and a Feedfeed Apron. All prize details are at Sponsor’s sole discretion. Consumer Disclosure: The total Approximate Verifiable Retail Value of the Grand Prize is $1177. Limit one (1) prize per person/household for the entire Contest Period. Odds of winning the Grand Prize depend upon the total number of entries received by the end of the Contest Period and the application of the judging criteria to the entry. The Feedfeed - Ghirardelli Contest will award one (3) prizes out of an unknown number of submissions. Based on past experience, it is expected that approximately 300 official entries will be submitted. Specifically, in the last two similar contests/sweepstakes run, 325 official entries were received to compete for 3 prizes.

Prizes are Sponsor-specified. Prizes (or portions thereof) are not transferable (except at Sponsor’s sole discretion); no substitutions or cash equivalents are allowed except by Sponsor who reserves the right to award a prize of equal or greater value if advertised prize (or portion of prize) is unavailable. Winners are solely responsible for all applicable taxes in connection with prize. Prizes are not redeemable for cash. All federal, state, and local taxes (including the withholding of taxes), fees, and surcharges on any prize are the sole responsibility of winner of the prize. Each Grand Prize winner will be issued a 1099 tax form for the actual retail value of prize. No responsibility or liability is assumed for damages, losses or injury resulting from acceptance or use of any prize. Prizes are subject to availability.

6. JUDGEMENT CRITERIA:

Judgement Criteria for Finalist: Submissions will be judged by feedfeed and Sponsor on the following criteria:

1) Composition, styling, and overall quality of image (focus, exposure, etc. etc.),

2) Creativity of ingredient combinations or overall recipe.

3) Creativity of sponsor product use. Full recipes not required.

Community Voting:

Upon termination of contest, finalists selected by feedfeed and Sponsor (according to the criteria described above) will be added to an official feedfeed contest page (https://thefeedfeed.com/contest/ghirardelli-contest).

Visitors will be invited to vote for his or her favorite submission using Judgement Criteria, voting rules and procedures established by feedfeed and Sponsor, which will be posted on the voting page (each a "Voter"). The photo that receives the most votes will be the winner, subject to verification of eligibility and compliance with these Rules. Visitors to the website will participate in choosing the Winner by clicking the "Vote" button under the relevant image. Only 1 vote per voter will be accepted.

Overview: By entering, each Entrant agrees to be bound by these Rules and the decision of the judges, which shall be final. The Contest starts at [8:00] AM Eastern Daylight Time, [July 30, 2020] and ends at [11:59] PM Eastern Daylight Time, [September 8, 2020] ("Contest Period") All entries must be received by [11:59] PM Eastern Daylight Time, September 8, 2020. Voting for the Community Chosen Winner ensues at [1:00] PM Eastern Daylight Time, [September 14, 2020] and ends at [1:00] PM Eastern Daylight Time [September 21, 2020] [“Voting Period”]. Winners will be announced end of day [September 25, 2020] via Instagram direct message by @thefeedfeed to winners.

How to Vote for Community Chosen Winner.

1. Visitors to the website shall choose the photo that they like best by clicking on the "Vote" button below the relevant photo on or before the Voting closing date and time. Suggestions for criteria to use when voting are identical to the Judgement Criteria section above.

2. Entrants must include their name (or Instagram username) and email address in order to submit the "Vote". All details provided by Entrant must be correct and accurate.

4. The person uploading or submitting the Vote will be deemed the entrant (the "Entrant"). The Entrant is the one person who owns the email address associated with the Submission.

5. By entering, each Entrant hereby releases and holds harmless feedfeed, Sponsor, its partners, and each of their subsidiaries and affiliates, and any others involved in the development and/or execution of the Contest, and their respective officers, directors, shareholders, agents and employees of the same from any and all claims, demands, losses, promises, causes of action, and liabilities arising out of this Contest including travel.

6. Sponsor and feedfeed are not responsible for lost, late or misdirected mail; printing errors; server unavailability; or computer or any other electronic or telecommunications malfunction.

7. WINNER NOTIFICATION: The potential winners will be notified by feedfeed via an Instagram direct message or will be notified via email if one is provided. Any non-response by a potential winner within three (3) days of such notice may result in disqualification of such potential winner and the selection of an alternate potential winner at feedfeed’s sole discretion. feedfeed is not responsible for unsuccessful efforts to notify any potential winner.

The winner will be announced by September 25, 2020, before 11:59 p.m. on feedfeed’s Instagram Stories @thefeedfeed.

8. GENERAL RULES:

By participating in the Feedfeed - Ghirardelli Contest, each Entrant agrees to be bound by these Official Rules and instructions and by all decisions of the Contest Parties, which are final and legally binding in all matters relating to this Contest. By participating, Entrants and winners, agree to release, discharge, indemnify and hold harmless the Contest Parties, and each of their respective directors, officers, employees, agents, successors and assigns, from and against any claims, damages, costs (including attorneys’ fees) losses, fines, injuries (up to and including bodily injury and death), or liability due to any damages, losses, or injuries to any person (including death) or property of any kind resulting, in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of a prize or participation in any Feedfeed - Ghirardelli Contest-related activity or participation in this Contest. Entrants further agree not to pursue any right, claim or action against the Contest Parties in connection with their participation in the Feedfeed - Ghirardelli Contest. Winners assume all liability for any injury or damage caused or claimed to be caused, by participation in or use of the prize. Any false information provided within the context of the Contest by any Entrants concerning identity, mailing address, telephone number, email address, ownership of right or non-compliance with these Rules, or the like, may result in the immediate elimination of the Entrant from the Contest. Acceptance of prize constitutes permission to use winners’ names, cities and states, voices, portraits, pictures, likenesses, footage, entries, essays (if applicable), opinions, and biographical information for promotional purposes in any and all media (including on Sponsor’s social media sites and website) and manners throughout the universe, in perpetuity, without further compensation or permission, except where prohibited by law.

In the event of a dispute involving entries submitted by multiple individuals using the same Instagram account, the entry will be deemed to have been submitted by the authorized account holder of the account at the time of entry. The “authorized account holder” is defined as the natural person who is assigned to the account by Instagram or by the relevant internet access provider, online service provider, or other organization responsible for assigning email addresses for the domain associated with the submitted email address, as applicable. Potential winning business may be required to show proof of being the authorized account holder of the email address associated with the entry. In the event a dispute regarding the identity of the individual who actually submitted an entry cannot be resolved to Sponsor’s satisfaction, the affected entry will be deemed ineligible.

Sponsor, Administrator, and the Contest Parties are not responsible for technical, hardware, software, or telephone malfunctions of any kind, lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications caused by the user or by any of the equipment or programming associated with or utilized in the Feedfeed - Ghirardelli Contest or by any human error which may occur in the processing of the entries in this Contest. In the event the Feedfeed - Ghirardelli Contest is compromised by virus, bug, unauthorized human intervention, or other causes beyond the control of Sponsor, Administrator, or the Contest Parties that corrupts or impairs the administration, security, fairness, or proper play of the Contest, Sponsor reserves the right, in its sole discretion, to suspend or terminate the Contest and award the applicable prizes from among all eligible entries received by the date of the compromising event that were not damaged or destroyed. The Sponsor reserves the right at its sole discretion to disqualify any individual that tampers or attempts to tamper with the entry process; violates the Official Rules; or acts in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Any attempt by any person to undermine the legitimate operation of the Feedfeed - Ghirardelli Contest 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. By participating in the Feedfeed - Ghirardelli Contest, entrants agree to be bound by the Official Rules and the decisions of the Sponsor and Administrator. In the event Sponsor or Administrator is prevented from continuing with the Feedfeed - Ghirardelli Contest by any event beyond its control, including, but not limited to, fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, communications or equipment failure, utility or service interruptions, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared), interference with the Contest by any party, or any federal, state, local or provincial government law, order, or regulation, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s and/or Administrator’s control (each a “Force Majeure” event or occurrence) Sponsor shall have the right to modify, suspend or terminate the Contest or prizes. If entries have been received prior to such cancellation, a random drawing will be held to award the prize(s) from among all entries received prior to cancellation and not damaged or destroyed. Sponsor and Administrator additionally reserve the right, in their sole and absolute discretion: (a) to modify, suspend or terminate the Feedfeed - Ghirardelli Contest should causes beyond Sponsor’s or Administrator’s control corrupt or interfere with the administration, integrity, operation, security, or proper play of the Contest; or (b) to disqualify any entrant found to be, or suspected of: (i) tampering with the entry process or the operation of the Contest; (ii) acting in violation of these Official Rules; or (iii) acting in an un-sportsmanlike manner.

Entrant, upon submission of his or her entry to the Feedfeed - Ghirardelli Contest, irrevocably grants to Sponsor, and each of its licensees, successors and assigns, the non-exclusive, perpetual, royalty-free, no-cost license and right to use and otherwise exploit the entry, and all text and materials included or depicted therein, in whole or in part, in any manner or medium now or hereafter known or devised, throughout the universe and in any and all languages, including, without limitation, the right to display, reproduce, recreate, record, perform, exhibit, distribute, copy, edit, change, modify, add to, subtract from, re-title and adapt the same, to combine it with other material and otherwise use and exploit it without having to give any compensation or attribution to entrant or any third party, except for the awarding of the prizes to the winners in the Contest. Entrants agree that during the Contest Period, they shall not make, and shall not permit, any other public use, display or distribution of the entry, and they shall maintain all rights without encumbrances so that, if Sponsor desires, entrants can assign all rights in and to entries if selected as a winner. Sponsor, and each of its successors, assigns and licensees, will have the right to make unlimited derivative works of entry, to assign or transfer any or all of Sponsor’s granted rights and to grant unlimited, multiple-level sublicenses. Without limiting the forgoing, Sponsor will have the right to use the entry, and all text and materials included or depicted therein (if any), in any merchandising, advertising, marketing, promotion or for any other commercial or non-commercial purpose. Entrants hereby forever waive and relinquish all “moral rights (droit moral)” now or hereafter recognized in connection with entry. Entrants acknowledge that as a condition of participating in the Feedfeed - Ghirardelli Contest and/or being selected as a winner, Sponsor may request that the entrant’s entry, and any rights therein, be assigned to Sponsor and entrants may be required to confirm such assignment by completing and submitting documents reasonably required by Sponsor) or such Sponsor will otherwise be disqualified from receiving his/her prize(s). Entrants must maintain the ability to assign all such rights to Sponsor free of any limitations, restrictions or third party obligations. Entrants agree that Sponsor shall have the sole discretion in determining the extent and manner of use of entries and are not obligated to use any entry. Entrants agree that Sponsor, nor its agents, shall be responsible for return or preservation of the entries submitted. All entries that are posted on the website or elsewhere are available to be viewed by anyone with access to the Internet. Entrant, by participating in the Feedfeed - Ghirardelli Contest, except where legally prohibited, grants permission for Sponsor and its designees to use his/her name, address (city and state), photograph, voice and/or other likeness and prize information (if any) for advertising, trade and promotional purposes without further compensation, in all media now known or hereafter discovered, worldwide in perpetuity, without notice or review or approval. Sponsor reserves the right to request from entry at any time proof that entrant maintains all necessary rights in their entry in order to grant Sponsor the rights required herein in a form acceptable to Sponsor. Failure to provide such proof may lead to, among other things, the entrant being disqualified from the Feedfeed - Ghirardelli Contest.

9. WAIVER OF LIABILITY AND AGREEMENT TO INDEMNIFY: By submitting any entry, each Entrant, its, his, her or their heirs, successors and assigns (the “Entrant Party”) thereby releases, forever discharges, and covenants not to make a claim against or sue Administrator and/or Sponsor, together with their parents, subsidiaries, affiliates, licensees, employees, officers, directors, representatives, successors, and assigns (the “Released Parties” or in the singular “Released Party”), of and from all manner of action or actions, cause or causes of action, at law or inequity, suits, claims, demands, liability, loss, cost, or expense, of any nature whatsoever, known or unknown, fixed or contingent, which Entrant Party may have or hereafter have against any Released Party by reason of any injuries or damages Entrant Party may sustain, whether to Entrant Party’s person, property, reputation, or otherwise, as a result of, incident to, or related in any way to the entry to the Feedfeed - Ghirardelli Contest, the Feedfeed - Ghirardelli Contest, the prizes, or the use, incorporation, or exploitation of the entry to the Feedfeed - Ghirardelli Contest for any purpose described herein. Entrant Party waives and foregoes the right to seek injunctive relief against any Released Party relating in any way to the entry to the Feedfeed - Ghirardelli Contest, the Feedfeed - Ghirardelli Contest, or the use, incorporation, or exploitation of the materials for any purpose described herein. Entrant Party agrees to indemnify and hold harmless the Released Parties from and against any liabilities, losses, claims, demands, costs (including, without limitation, reasonable attorneys’ fees), and expenses arising in connection with any breach or alleged breach by Entrant Party of any representation made in the entry to the Feedfeed - Ghirardelli Contest or by virtue of submitting the entry to the Feedfeed - Ghirardelli Contest. The Released Parties are not responsible for: (i) lost, late, misdirected, incomplete, incorrect, inaccurate, damaged, or illegible entries; (ii) hardware or software errors; faulty computer, telephone, cable, satellite, network, cellular towers, electronic, wireless or internet connectivity, or other online communication problems; errors or limitations of any internet service providers, servers, hosts, or providers; garbled, jumbled, scrambled, delayed, or faulty data transmission entries; failure of any electronic transmissions to be sent or received; lost, late, delayed, or intercepted transmissions; inaccessibility of Instagram in whole or in part for any reason; traffic congestion on the internet or Instagram; unauthorized human or non-human intervention in the operation of the Feedfeed - Ghirardelli Contest, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, or worms.

This Feedfeed - Ghirardelli Contest is in no way sponsored, endorsed, or administered by, or associated with, Instagram or any other social media service provider. By entering this Feedfeed - Ghirardelli Contest, Entrant releases Instagram and/or any other social media service provider from any liability in connection with the Feedfeed - Ghirardelli Contest. Any personal information that the Entrant shares with Instagram may be used by it in accordance with its own privacy policy and terms of service.

10. DISPUTE RESOLUTION:

All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of Entrant, Sponsor, Administrator or the Contest Parties in connection with the Feedfeed - Ghirardelli Contest will be governed by and construed in accordance with the internal laws of the State of New York, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other laws. Entrant, Sponsor, and Administrator each agree to finally settle all disputes only through arbitration; provided, however, the Sponsor and Administrator shall be entitled to seek injunctive or equitable relief in the state and federal courts in New York, New York and any other court with jurisdiction over the parties. In arbitration, there is no judge or jury and review is limited. The arbitrator’s decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to the Feedfeed - Ghirardelli Contest shall be resolved solely by binding arbitration before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. (“JAMS”) or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a “Demand for Arbitration”, then either party can elect to have the arbitration administered by the American Arbitration Association (“AAA”) or any other mutually agreeable arbitration administration service. If an in-person hearing is required, then it will take place in New York, New York. The federal or state law that applies to these Official Rules will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn’t apply and the dispute must be brought in a court of competent jurisdiction in New York, New York. Sponsor and Administrator agree to pay the administrative and arbitrator’s fees in order to conduct the arbitration (but specifically excluding any travel or other costs of entrant to attend the arbitration hearing). Either party may, notwithstanding this provision, bring qualifying claims in small claims court.

BY ENTERING THE Ghirardelli – FEEDFEED CONTEST, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE Ghirardelli – FEEDFEED CONTEST, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS 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; (C) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (D) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU. If any provision of these Official Rules is deemed to be invalid or unenforceable, in whole or in part, such provision will be deemed to be modified or restricted to the extent and in the manner necessary to render the same valid and enforceable and these Official Rules will be construed and enforced to the maximum extent permitted by law as if such provision had been originally incorporated herein as so modified or restricted, or as if such provision had not been originally incorporated herein, as the case may be.

11. NO WAIVER: The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Feedfeed - Ghirardelli Contest-related materials, privacy policy or terms of use on the Website and/or the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control and the discrepancy will be resolved in Sponsor’s sole and absolute discretion.

12. PRIVACY POLICY: Information collected by Sponsor and/or Administrator in connection with this Feedfeed - Ghirardelli Contest may be used by Sponsor and shared with third parties involved in administration of the Contest in accordance with the online Privacy Policy posted at https://www.ghirardelli.com/privacy-policy/. The entrant agrees to the collection, processing and storage of his/her personal data by Sponsor and/or Administrator for the purposes of the Feedfeed - Ghirardelli Contest.

13. WINNERS LIST: To obtain a copy of the winners’ list, please email support@thefeedfeed.com.

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