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Giveaway Terms and Conditions

GOLDEN TAG SWEEPSTAKES - OFFICIAL RULES

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


1. Promotion Description: The Golden Tag Sweepstakes (“Sweepstakes”) begins on Friday, February 12th, 2021 at 12:00 AM MST and ends on Wednesday, March 31st, 2021 at 12:59 PM MST (the “Promotion Period”).

2. Agreement To Official Rules: By participating in the Sweepstakes and agreeing to these terms (“Official Rules”), each participant (“Entrant” or “You”) unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Sponsor (defined below), which shall be final and binding in all respects. You further agree to be fully and unconditionally bound by these Official Rules, and You represent and warrant that You meet the eligibility requirements herein. In addition, You agree to accept the decisions of Sponsor (defined below) as final and binding as it relates to this Sweepstakes.

3. Sponsor: The sponsor of this Sweepstakes is Kodiak Cakes, LLC, 8163 Gorgoza Road, Park City, UT 84098 (“Sponsor”). Sponsor is responsible for the collection, submission and processing of entries and the overall administration of the Sweepstakes. Entrants should look solely to Sponsor with any questions, comments or problems related to the Sweepstakes. Sponsor may be reached by email at flapjacks@kodiakcakes.com during the Promotion Period.

4. Eligibility Requirements: The Sweepstakes is open to legal residents of the United States (excluding residents of New York, Rhode Island and Florida) who are 18 years old or older at the time of entry. Sponsor, Sponsor’s parents, subsidiaries, affiliates, distributors, retailers, sales representatives, advertising and promotion agencies (the "Promotion Entities") and each of their respective directors, officers, employees, owners and agents (“Ineligible Individuals”) are ineligible to enter the Sweepstakes, win a Prize or receive a Reward. In addition, Household Members and Immediate Family Members of Ineligible Individuals are not eligible to enter the Sweepstakes, win a Prize or receive a Reward. "Household Members" shall mean those people who share the same residence for at least three months over the past 12 months. "Immediate Family Members" shall mean parents, step-parents, legal guardians, children, step-children, siblings, step-siblings or spouses. Final eligibility for any Prize or Reward is subject to eligibility verification as set forth herein. This Sweepstakes is subject to all applicable federal, state and local laws and regulations and is void where prohibited or restricted by law.

5. How to Enter: “Golden Tags” will be placed on Kodiak Cakes Almond Butter and Peanut Butter Syrup bottles (“Kodiak Cake Products”) in select Target Corporation stores nationwide. To enter the Sweepstakes, eligible individuals must visit a participating Target Corporation Store during the Promotion Period and look for a Golden Tag on Kodiak Cake Products. If a Golden Tag is found, an eligible individual must complete the following steps: (a) remove the Golden Tag from the Kodiak Cake Product and locate the QR code that appears on the Golden Tag; (b) follow the link generated, enter the unique code that appears on the Golden Tag and provide the details requested; and (c) share a photo of the Golden Tag to Your Instagram Story. Entrants who do not have an Instagram account are not required to complete step (c). Completing steps (a) – (c) for Entrants with an Instagram account or completing steps (a) and (b) for Entrants without an Instagram account during the Promotion Period earns one entry in the Sweepstakes. Purchasing any items on the Sponsor’s website or at participating Target Corporation Stores will not earn additional entries or otherwise increase the odds of winning.
The entry must be made by the individual Entrant personally. All entries must be submitted by the end of the Promotion Period. Sponsor's database clock will be the official timekeeper for this Sweepstakes.

6. Odds of Winning: The odds of winning will depend on the total number of eligible entries received.

7. Prize Package: Three winners (“Winners”) will each receive a prize package (“Prize”) consisting of:
a. Kodiak Cakes products valued at $250; and
b. A Target Corporation Gift Card of $300.
Total Estimated Prize Value: $550
All Entrants who submit entries after the first three Winners are selected and prior to the expiration of the Promotion Period (“Recipient”) will receive a Kodiak Cakes reward package (“Reward”).
Total Estimate Reward Value: $15
Redemption of the Prizes and Rewards is subject to all terms and conditions stated herein.

8. Winner and Recipient Selection: The Winners of the Sweepstakes will be selected based on the first three eligible entries received during the Promotion Period. Recipients will be selected based on the submission of an eligible entry received after the selection of the first three Winners and before the expiration of the Promotion Period.

9. Winner and Recipient Notification: The Winners and Recipients will be notified by email at the email address provided in the entry approximately [4 days] after submission of an eligible entry. The Winners and Recipients must accept the Prize or Reward by email as directed by Sponsor by March 31, 2021. Sponsor is not responsible for any delay or failure to receive notification for any reason, including inactive email account(s), technical difficulties associated therewith or Winners’ or Recipients’ failure to adequately monitor any email account. Any Prize or Reward notification not responded to or returned as undeliverable will result in the disqualification of the Entrant.

10. Prize and Reward Conditions: Prizes and Rewards cannot be transferred, redeemed for cash or substituted by the Winners or Recipients and must be redeemed by March 31, 2021. SPONSOR AND THE PROMOTION ENTITIES EXPRESSLY DISCLAIM ANY AND ALL GUARANTEES, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY EXPRESS, IMPLIED OR STATUTORY WARRANTY OR ANY REPRESENTATIONS OR WARRANTIES CONCERNING THE APPEARANCE, SAFETY OR PERFORMANCE OF ANY PRIZE OR REWARD AWARDED.
Sponsor reserves the right in its sole discretion to award a substitute prize or reward of equal or greater value if a Prize or Reward becomes unavailable or cannot be awarded, in whole or in part, for any reason. The total estimated value of the Prizes and Rewards represents Sponsor's good faith determination. That determination is final and binding and cannot be appealed. If the actual value of a Prize or Reward turns out to be less than the stated total value, the difference will not be awarded in cash. Sponsor will not replace any lost or stolen Prize or Reward items.
Any additional costs, fees or expenses incurred by the Winners or Recipients to redeem or use a Prize or Reward, and any and all federal, state and/or local taxes, are the sole responsibility of the Winners and Recipients.
Receipt of the Prize or Reward is conditioned upon Sponsor’s receipt of an Affidavit of Eligibility executed by the Winners and Recipients, a General Release of Liability and Publicity Release executed by the Winners and Recipients. Copies of the Affidavit of Eligibility, General Release of Liability and Publicity Release are available here. By participating in the Sweepstakes and agreeing to these Official Rules, each Entrant acknowledges and agrees that the Prize and Reward conditions include releasing Sponsor from liability and hereby grants permission for Sponsor to use his/her name, likeness, and entry for purposes of advertising and trade without further compensation, unless prohibited by law.
Failure to comply with the Official Rules will result in disqualification to win a Prize or Reward.

11. Disqualification and Early Termination of the Sweepstakes: Use of fraudulent, automatic or robotic methods to participate in the Sweepstakes, tampering with the Sweepstakes or otherwise attempting to circumvent these Official Rules, as solely determined by the Sponsor, will disqualify You from winning a Prize or Reward. ANY ATTEMPT TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND/OR ANY OTHER AVAILABLE REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT, TO THE FULLEST EXTENT PERMITTED BY LAW. If this Sweepstakes cannot be administered as intended or in compliance with these Official Rules due to tampering, computer virus, fraud, technical failures, act of God, pandemic, force majeure or any other cause, Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify or suspend the Sweepstakes in whole or in part, at any time, without notice. In such an event, the Sponsor also reserves the right, but not the obligation, to award the Prizes and Rewards for all valid, eligible, and non-suspect entries received as of the termination date.

12. Privacy: Any personal information supplied by You will be subject to the privacy policy of the Sponsor posted at https://kodiakcakes.com/privacy-policy. By participating in the Sweepstakes and agreeing to these Official Rules, You grant Sponsor permission to share Your email address and any other personally identifiable information with the other Promotion Entities for the purpose of administration and fulfillment of Prizes and Rewards, including use in a publicly available Winner and/or Recipient list.

13. Release: By participating in the Sweepstakes and agreeing to these Official Rules, You agree to release and hold harmless the Sponsor; the Promotion Entities and each of their respective directors, officers, employees, owners and agents; Instagram and Target Corporation (and each of their parents, subsidiaries, affiliates, distributors, retailers, sales representatives, advertising and promotion agencies) from any and all liability, loss, damage or injuries of any kind sustained in connection with their participation in the Sweepstakes or from their acceptance, receipt, possession and/or use or misuse of a Prize of Reward or for any typographical or other error in the printing, offering or announcement of the a Prize or Reward. By participating without asking questions at the time of entry, Entrants agree to waive any right to claim ambiguity in the Sweepstakes or these Official Rules.

14. LIMITATION OF LIABILITY: The Sponsor; the Promotion Entities and each of their respective directors, officers, employees, owners and agents; Instagram and Target Corporation (and each of their parents, subsidiaries, affiliates, distributors, retailers, sales representatives, advertising and promotion agencies) assume no responsibility or liability for (a) any incorrect or inaccurate entry information, or for any faulty or failed electronic data transmissions; (b) any unauthorized access to, or theft, destruction or alteration of entries at any point in the operation of this Sweepstakes; (c) any technical malfunction, failure, error, omission, interruption, deletion, defect, delay in operation or communications line failure, regardless of cause, with regard to any equipment, systems, networks, lines, satellites, servers, camera, computers or providers utilized in any aspect of the operation of the Sweepstakes; (d) inaccessibility or unavailability of any network or wireless service, the Internet or website or any combination thereof; (e) suspended or discontinued Internet, wireless or landline phone service; or (f) any injury or damage to participant's or to any other person’s computer or mobile device which may be related to or resulting from any attempt to participate in the Sweepstakes or download of any materials in the Sweepstakes.
If, for any reason, the Sweepstakes is not capable of running as planned for reasons which may include without limitation, infection by computer virus, tampering, unauthorized intervention, fraud, technical failures or any other causes which may corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, the Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Sweepstakes. The Sponsor; the Promotion Entities and each of their respective directors, officers, employees, owners and agents; Instagram and Target Corporation (and each of their parents, subsidiaries, affiliates, distributors, retailers, sales representatives, advertising and promotion agencies) shall not have any further liability to any participant in connection with the Sweepstakes.

15. Social Network and Target Corporation Disclaimer: This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Instagram and/or Target Corporation. You understand that You are providing Your information to Sponsor and not to Instagram or Target Corporation. An Instagram account is not required to enter this Sweepstakes. However, if You do not already have an Instagram account and would like to create one, visit Instagram at https://www.instagram.com for instructions. It is free to create an account. By participating via the Instagram platform, Entrants are also subject to Instragram’s parent company, Facebook, and Instagram’s data policies and terms of use, which can be found at https://www.facebook.com/about/privacy; https://www.facebook.com/legal/terms/update; https://help.instagram.com/519522125107875/?helpref=hc_fnav&bc[0]=Instagram%20Help&bc[1]=Privacy%20and%20Safety%20Center; and https://help.instagram.com/478745558852511. Participants may also be subject to Target Corporation’s rules for promotions and privacy policy, which can be found at https://www.target.com/c/terms-conditions/-/N-4sr7l#rulesforpromotions and https://www.target.com/c/target-privacy-policy/-/N-4sr7p.

16. Winners and Recipients List(s)/Official Rules: To obtain a copy of the Winners and Recipients List(s) or a copy of these Official Rules, You can send a request along with a stamped, self-addressed envelope to Kodiak Cakes LLC cc: GOLDEN TAG SWEEPSTAKES at 3247 Santa Fe Road Park City, UT 84098. Requests for the names of the Winners and Recipients must be received no later than 30 days after the Promotion Period has ended. For accessing the Winners and Recipients List(s) or Official Rules online, visit [kodiakcakes.com/goldrush]. The Winners and Recipients list(s) will be posted after Winners and Recipients confirmation is complete.

17. Sweepstakes Administration: Sponsor reserves the right to correct, and is not responsible for, any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. Sponsor also is not responsible for incorrect, illegible or inaccurate entry information, whether caused by any of the equipment or programming associated with or utilized in the Sweepstakes or by any technical or human error which may occur in the processing of the entries in the Sweepstakes. If any provisions of the Official Rules are determined by a court of competent jurisdiction to be valid or unenforceable, such determination shall not affect the validity or enforceability of any other provision.

18. DISPUTES: This Sweepstakes IS GOVERNED BY THE LAWS OF UNITED STATES AND STATE OF UTAH, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Sweepstakes, PARTICIPANT AGREES THAT ANY AND ALL DISPUTES THAT CANNOT BE RESOLVED BETWEEN THE PARTIES, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS SWEEPSTAKES, SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, EXCLUSIVELY BEFORE A COURT LOCATED IN UTAH HAVING JURISDICTION. Further, in any such dispute, under no circumstances shall participant be permitted to obtain awards for, and hereby waives all rights to, punitive, incidental, or consequential damages, including reasonable attorney’s fees, other than participant’s actual out-of-pocket expenses (i.e., costs associated with entering this Sweepstakes). Participant further waives all rights to have damages multiplied or increased.