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Sweetmoment

Giveaway

Enter for a chance to win chocolate for a year!

Capture your sweet moments with Kilwins*

Giveaway ends on 9/27/2024 at 11:59 pm Eastern Time

Sea-salt caramels
share your sweet moments

*NO PURCHASE NECESSARY. See Official Rules below for complete details.

Sweet Moments Prizes

Grand Prize

A year’s worth of Kilwins chocolate, valued at $125 per month.

Grand Prize

Second Prize

Ten winners will each receive a gift basket filled with our best treats, valued at $100 each.

Second Prize

Third Prize

100 winners will each receive a $25 Kilwins gift card.

Third Prize
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It’s easy to enter!

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Share Your Sweet Moments

Share Your Sweet Moments

Share a post or story of our "sweet moments" with us!

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Follow Us on Social Media

Follow Us on Social Media

Instagram, Facebook, or TikTok

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Use Hashtags

Use Hashtags

Include the hashtags #KilwinsSweetMoments and #Kilwins_Sweepstakes

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Public Profile Requirement

Public Profile Requirement

Make sure your profile is public so Kilwins can see your entry.

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Official Rules

NO PURCHASE NECESSARY TO ENTER OR WIN. MAKING A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.

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

SWEEPSTAKES ENTRY PERIOD: The Sweet Moments Sweepstakes (the “Sweepstakes”) begins at 12:00:01 AM Eastern Time (“ET”) on Tuesday, August 27, 2024 and ends at 11:59:59 PM ET on Friday, September 27, 2024 (the “Sweepstakes Period”).

ELIGIBILITY

The Sweepstakes is open to legal residents of the 50 United States, including the District of Columbia, who are age 18 or older at the time of entry. Void in Puerto Rico, Guam, the U.S. Virgin Islands, outside the U.S., and wherever else prohibited by law. Employees of Kilwins Chocolate Franchise, Inc. (the "Sponsor"), US Sweepstakes & Fulfillment Company (the “Sweepstakes Administrator”), and their respective subsidiaries, affiliates, advertising and promotion agencies, and the immediate family members (spouses, parents, children, and siblings and their spouses) of, and/or those living in the same household of each, are not eligible to enter. Sweepstakes is subject to all applicable federal, state and local laws and regulations.

HOW TO ENTER:

There are three (3) ways to enter.

Method #1: TikTok Entry

During the Sweepstakes Period, participants may enter by following @kilwins_official on TikTok and posting a photo or video showing a sweet moment they would like to share with Kilwins (a “Photo” or “Video”, respectively) to their public TikTok account including the designated hashtags #KilwinsSweetMoments and #Kilwins_Sweepstakes in the post (the “TikTok Post”) to receive one (1) entry into the Sweepstakes (the “TikTok Entry”). TikTok Entry cannot reference any dessert brand other than Kilwins. NOTE: Videos may only include original music created by the entrant, to which entrant has complete rights to include in their Entry/submit to Sponsor as required herein. Participants must not include music in a Video which they do not have rights to submit. Videos that include music may be disqualified subject to Sponsor’s sole discretion including, but not limited to, those that contain or are suspected to contain copyrighted music or materials. By using the hashtags, participant indicates their agreement to these Official Rules. Entrant’s TikTok settings must be public. Entries uploaded from “private” TikTok accounts will not be eligible. TikTokPost must remain available and public and entrant must continue to follow @kilwins_official through at least November 2, 2024 to be verified in the event that they are chosen as a potential winner. By submitting a TikTok Entry, entrants agree to TikTok's Terms of Service. This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, TikTok, Inc. IMPORTANT: MESSAGE AND DATA RATES MAY APPLY TO USE OF MOBILE PHONE/DEVICE TO PARTICIPATE IN SWEEPSTAKES. TIKTOK IS FREE TO DOWNLOAD AND AVAILABLE FOR iPHONE FROM THE APPLE APPLICATION STORE AND FOR ANDROID FROM THE GOOGLE PLAY STORE.

Method #2: Instagram Entry

During the Sweepstakes Period, participants may enter by following @kilwins on Instagram, log in to their public Instagram account, and post a photo or video showing a sweet moment they would like to share with Kilwins (a “Photo” or “Video”, respectively) to their public Instagram account including the hashtags #KilwinsSweetMoments and #Kilwins_Sweepstakes and @kilwins in the caption (the “Instagram Post”) to receive one (1) entry into the Sweepstakes (the “Instagram Entry”). Instagram Entry cannot reference any dessert brand other than Kilwins. NOTE: Videos may only include original music created by the entrant, to which entrant has complete rights to submit to Sponsor as required herein. Participants must not include music in a Video which they do not have rights to include in their Entry/submit to Sponsor. Videos that include music may be disqualified subject to Sponsor’s sole discretion including, but not limited to, those that contain or are suspected to contain copyrighted music or materials.. By using the hashtags, participant indicates their agreement to these Official Rules. Entrant’s Instagram settings must be public. Entries uploaded from “private” Instagram accounts will not be eligible. Instagram Post must remain available and public and entrant must continue to follow @kilwins through at least November 2, 2024 in order to be notified in the event that they are chosen as a potential winner. By submitting an Instagram Entry, entrants agree to Instagram’s Terms of Use. This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Instagram or Meta Platforms, Inc. IMPORTANT: MESSAGE AND DATA RATES MAY APPLY TO USE OF MOBILE PHONE/DEVICE TO PARTICIPATE IN SWEEPSTAKES. INSTAGRAM IS FREE TO DOWNLOAD AND AVAILABLE FOR iPHONE FROM THE APPLE APPLICATION STORE AND FOR ANDROID FROM THE GOOGLE PLAY STORE.

Method #3: Facebook Entry

During the Sweepstakes Period, participants must locate a post from the Sponsor’s Facebook account @Kilwins that mentions the Sweepstakes (the “Post”), log in to their public Facebook account, like the Post, and post a comment to the Post including a sweet moment they would like to share with Kilwins in the comment (the “Facebook Comment”) to earn one (1) entry into the Sweepstakes (the “Facebook Entry”). Facebook Entry cannot reference any dessert brand other than Kilwins. Facebook Entry comment post must remain available through at least November 2, 2024 in order to be notified in the event that they are chosen as a potential winner. By submitting an Entry on Facebook, entrants agree to Meta Platform's Terms of Service. This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Meta Platforms, Inc. IMPORTANT: MESSAGE AND DATA RATES MAY APPLY TO USE OF MOBILE PHONE/DEVICE TO PARTICIPATE IN SWEEPSTAKES. FACEBOOK IS FREE TO DOWNLOAD AND AVAILABLE FOR iPHONE FROM THE APPLE APPLICATION STORE AND FOR ANDROID FROM THE GOOGLE PLAY STORE.

Each TikTok Entry and Instagram Entry must include an original Photo or Video. Entries submitted with a Photo or Video that has already been submitted or that is substantially the same as a previously submitted Photo or Video, as determined by the Sponsor in its sole discretion, will be disqualified. 

Entrants are subject to all notices posted online regarding the sweepstakes at kilwins.com or Sponsor’s TikTok, Instagram and/or Facebook accounts and including but not limited to the Sponsor’s Privacy Policy, which can be found at https://www.kilwins.com/privacy-policy.

TikTok Entry, Instagram Entry and Facebook Entry collectively referred to herein as “Entry” or “Entries”. Limit: One (1) Entry per person regardless of method of entry. All methods of entry have an equal chance of winning. All entries become the property of the Sponsor and will not be acknowledged or returned. Entries will not be judged. Entries do not need to include any reference or image, positive or negative, related to Sponsor’s products or services; including such a reference or image will not improve an entrant’s chance of winning.  

For the avoidance of doubt, posting to TikTok, Instagram or Facebook alone will NOT result in an entry into the Sweepstakes. Once an Entry is submitted it cannot be modified by an entrant. Sponsor is not responsible for lost, late, incomplete, illegible, garbled, inaccurate, invalid, misdirected, undelivered, or delayed Entries. No altered or incomplete Entries will be accepted.

SWEEPSTAKES ENTRY REQUIREMENTS & CONDITIONS:

All Entries must comply with the following minimum guidelines to be eligible:

  • The entrant should be the primary subject of the Photo/Video. No other individuals may appear in the Photo/Video without express written permission. If Photo/Video features a minor under the age of majority in their state of residence, entrant must obtain written permission from the minor’s legal guardian. 
  • Entrant must be a registered user of TikTok to submit a TikTok Entry,  a registered user of Instagram to submit an Instagram Entry or a registered user of Facebook to submit a Facebook Entry and must comply with each respective company’s Terms of Use/Service in order to enter the Sweepstakes.
  • Entry and Photo/Video must conform to the format and size requirements and limitations of TikTok, Instagram or Facebook, as applicable. 
  • Entry and Photo/Video cannot contain content that is irrelevant to the purpose of the Sweepstakes. 
  • Once an Entry has been submitted, it cannot be modified or deleted by the entrant.
  • Each submitted Photo/Video or comment (in the case of Facebook Entries) must be original.
  • No duplicate Photo/Video or substantially similar Photo/Video, as determined by the Sponsor in its sole discretion, may be submitted.
  • By submitting a Photo/Video taken by a third party, entrant warrants and represents that they have secured all rights and clearances to the Photo/Video from the photographer/video recorder. 
  • Entry and Photo/Video cannot be profane, pornographic, sexually explicit or suggestive or contain nudity.
  • Entry and Photo/Video cannot be violent or promote firearms/weapons.
  • Entry and Photo/Video cannot promote alcohol, illegal drugs or tobacco. 
  • Entry and Photo/Video cannot defame, misrepresent or contain disparaging remarks about people, brands, products or companies.
  • Entry and Photo/Video cannot contain content that defaces or depicts any person, brand, product or company in a negative or inappropriate manner. 
  • Entry and Photo/Video cannot be obscene or offensive, endorse any form of hate or hate group or be derogatory to any ethnic, racial, gender, religious, professional or age group.
  • Entry and Photo/Video cannot reference or contain materials embodying copyrighted images, names, likenesses or other indicia identifying any brand, products, company or person, living or dead, without permission.  
  • Entry and Photo/Video cannot communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor, TikTok, Instagram and Facebook wish to associate.
  • Entry and Photo/Video cannot depict illegal activity and cannot itself be in violation of any law. 
  • Entry and Photo/Video cannot in any way reference persons or organizations without written permission from any person or organization whose name or likeness is used. 
  • Entry and Photo/Video may not include images of a known celebrity, famous or well-known person or any image which violates the right of privacy or publicity of any person.

By submitting an Entry, the entrant understands and grants to the Sponsor an irrevocable, perpetual, non-exclusive worldwide license to use their Entry, any materials, photographs or videos submitted with their Entry, name, hometown and likeness on the Sponsor’s various websites and social media sites and in advertising and/or promotional activities worldwide without compensation, permission or notification. Sponsor reserves the right in its sole and absolute discretion to alter, change or modify any Entry, which includes the Photo/Video. If requested by Sponsor, entrant must be able to provide proof of any required permissions hereunder in a form acceptable to Sponsor. Such permissions include, but are not limited to, rights and clearances from third party intellectual property owners and/or individuals appearing in the photos or video. If requested by Sponsor, entrant will sign any documentation that may be reasonably required for Sponsor to make use of the rights entrant is granting in and to the Entry. Sponsor is not obligated to use any of the above-mentioned rights.

By submitting an Entry, entrant warrants and represents that: (a) Entry does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other legal or moral rights of any person or entity; (b) entrant owns all rights to the Entry, including without limitation, copyrights, and has received prior written permission from a third party if any Photo/Video was photographed/recorded by someone other than the entrant themself; and (c) entrant will indemnify and hold harmless the Sponsor, Administrator and related entities, agents and assigns from any claims and damages (including reasonable attorneys' fees) arising from or relating to the breach or alleged breach of entrant’s representations and warranties herein, the Entry, or entrant’s conduct in creating the Entry.  

ENTRIES POSTED REPRESENT SOLELY THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANTS AND DO NOT REFLECT THE VIEWS/OPINIONS OF SPONSOR IN ANY MANNER. ANY ENTRY THAT, IN THE SOLE OPINION OF SPONSOR, IS DEEMED TO BE INAPPROPRIATE FOR INCLUSION IN THE SWEEPSTAKES FOR ANY REASON WILL BE DISQUALIFIED.

PRIZES/APPROXIMATE RETAIL VALUE (“ARV”)/ODDS:

Grand Prize: There is one (1) Grand Prize available to be won. Grand Prize consists of one (1) 1-year supply of Kilwins chocolate. 1-year supply to be awarded as one (1) gift basket of Kilwins chocolates (contents to be determined by Sponsor) per month for twelve (12) subsequent months (ARV: $125/month). The total ARV of the Grand Prize is: $1,500.

Second Prizes: There are ten (10) Second Prizes available to be won. Each Second Prize consists of one (1) gift basket of Kilwins chocolates (contents to be determined by Sponsor). The ARV of the Second Prize is: $100 each. 

Third Prizes: There are one-hundred (100) Third Prizes available to be won. Each Third Prize includes one (1) $25 Kilwins gift card. The ARV of the Third Prize is: $25 each.

The total ARV of all prizes available to be won: $5,000. 

Odds of winning will depend upon the total number of eligible entries received.

RANDOM DRAWING:

The winners will be selected in a random drawing on or about Wednesday, October 2, 2024 from among all eligible entries received during the Sweepstakes Period by the Sweepstakes Administrator, an independent representative of the Sponsor whose decisions are final.

WINNER NOTIFICATION & VERIFICATION:

Potential prize winner will be notified by Sponsor via direct message to their public TikTok or Instagram account or via direct message and/or reply to their Facebook Comment, as applicable, (the “Initial Notification”) on or about Thursday, October 3, 2024. To begin the prize claim process, a potential winner must respond as instructed to the Initial Notification with their full name, mailing address and email address within 48 hours of the Initial Notification. Any potential prize winner who does not reply to the Initial Notification with the required information and within the specified time period will be disqualified and an alternate winner will be selected in a random drawing from among all remaining eligible entries. 

Within three (3) days of confirmation of the information received from a potential Grand Prize winner in response to Initial Notification, such potential winner will receive a second notification (the “Second Notification”) via email from the Sweepstakes Administrator and will be required to sign and return, within five (5) days of the Second Notification, an Affidavit of Eligibility, a Liability Waiver, an IRS W-9 Form and where allowable, a Publicity Release (collectively, the “Releases”). 

If the potential winner does not reply to the Initial Notification and the Second Notification with the required information and within the specified time period, they will be disqualified and an alternate potential winner will be selected in a separate random drawing from among all remaining eligible entries. 

If an Initial Notification or Second Notification is returned as undeliverable, or if the selected prize winner fails to claim the prize or if selected winner cannot accept or receive the prize for any reason, or they are not in compliance with these Official Rules, the prize will be forfeited and an alternate winner will be selected in the manner described above. If Sponsor is unable to determine and verify a potential winner after repeated alternate drawings or if Sponsor fails to receive a sufficient number of entries to correspond to the number of prizes available to be awarded, Sponsor reserves the right to not award such prize(s). Prizes will be awarded within 4-6 weeks of winner being verified.

If a winner is otherwise eligible under these Official Rules but is nevertheless deemed a minor in their state of primary residence, the prize will be awarded in the name of winner's parent or legal guardian who will be required to execute and return the Releases on minor’s behalf, as applicable.

PRIZE CONDITIONS:

Prizes are not redeemable for cash, assignable, transferable and may not be substituted except at Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize of equal or greater value at its discretion. Any other incidental expenses on prize not specified herein are the winner’s sole responsibility.

Gift cards are not redeemable for cash and will not be replaced if lost or stolen. Gift card usage is subject to the issuing company’s complete terms and conditions, including expiration dates.

Winner is responsible for all federal, state, local and income taxes associated with winning the prize. Grand Prize winner will be required to furnish their Social Security Number for the sole purpose of preparation of tax forms as required by law. 

Except where prohibited by law, entry and acceptance of prize constitute permission to use winner's name, prize won, hometown, likeness, video recordings, photographs, and statements for purposes of advertising, promotion and publicity (including online posting) in any and all media now or hereafter known throughout the world in perpetuity, without additional compensation, notification or permission.

Prizes are awarded “as is” with no warranty or guarantee, either express or implied by Sponsor. Winners acknowledge that the Sponsor and all other businesses affiliated with this Sweepstakes and their agents do not make, nor are in any manner responsible for any warranty, representations, expressed or implied, in fact or in law, relative to the quality, conditions, fitness or merchantability of any aspect of the prize being offered, except that each merchandise prize shall be subject to its manufacturer’s standard warranty (if any). Once the prize has been delivered to the winner’s provided address, the prize is considered awarded.

GENERAL:

Although subsequent attempts to enter may be received, only the first complete entry received from a particular entrant will be eligible; subsequent attempts by the same person to enter, including entries submitted with an alternate email address, via multiple social media accounts, or other methods will be disqualified. No more than the stated number of prizes will be awarded.

Participating entrants agree to these Official Rules and the decisions of the Sponsor and the Sweepstakes Administrator, and release the Sponsor, the Sweepstakes Administrator, TikTok, Inc., Meta Platforms, Inc. and their affiliated companies, and all other businesses involved in this Sweepstakes, as well as the employees, officers, directors and agents of each (collectively the “Released Parties”), from all claims and liability relating to their participation in the Sweepstakes, and the acceptance and use/misuse of the prize offered. Participating entrants assume all liability for and Released Parties shall be held harmless against any liability for any injury, losses or damages of any kind to persons, including personal injury or death, or injury to property caused or claimed to be caused in whole or in part,  directly or indirectly, by participation in this Sweepstakes, acceptance, possession, or use/misuse of the prize, or any claims based on publicity rights, defamation or invasion of privacy, or merchandise delivery. Sponsor is not responsible for any typographical or other error in the printing of the offer, administration of the Sweepstakes or in the announcement of the prize. 

In the event of a dispute over the identity of an entrant, entry will be deemed submitted by the "Authorized Account Holder" of the e-mail address submitted at time of entry or the TikTok account, Instagram account or Facebook account from which the entry is submitted. Authorized Account Holder means the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address or the natural person to whom the TikTok, Instagram, or Facebook account is registered. Sponsor may ask any entrant or potential winner to provide Sponsor with proof, to Sponsor’s satisfaction, that such party is the authorized account holder of the email address, TikTok account, Instagram account or Facebook Account associated with the entry. Entry materials/data that have been tampered with or altered, or mass entries or entries generated by a script, macro or use of automated devices are void. The Released Parties are not responsible for: (i) lost, late, misdirected, damaged or illegible entries; or (ii) error, omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions of any kind, or inaccurate transmission of or failure to receive entry information by Sponsor on account of technical problems or traffic congestion on the Internet or at any web site or any combination thereof; or (iii) any injury or damage to entrant's or any other person's computer related to or resulting from participating in the Sweepstakes. By participating in the Sweepstakes, entrant (i) agrees to be bound by these Official Rules, including all eligibility requirements, and (ii) agrees to be bound by the decisions of Sponsor and the Sweepstakes Administrator, which are final and binding in all matters relating to the Sweepstakes. Failure to comply with these Official Rules may result in disqualification from the Sweepstakes. 

Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures or any factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor. If, for any reason, the Sweepstakes cannot be run as planned, Sponsor may disqualify any suspect entries or individuals from the Sweepstakes and any sweepstakes it sponsors and (a) suspend the Sweepstakes and modify the Sweepstakes to address the impairment, then resume the Sweepstakes in a manner that best conforms to the spirit of these Official Rules; and/or (b) award the prize at random from among the eligible, non-suspect entries received up to the time of the impairment. 

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 shall be construed as if the invalid or illegal provision were not contained herein. In the event there is a discrepancy or other statements contained in any Sweepstakes-related materials or notifications and these Official Rules, these Official Rules shall prevail, govern and control.

THE RELEASED PARTIES ARE NOT RESPONSIBLE IF THIS SWEEPSTAKES CANNOT BE ADMINISTERED OR CONDUCTED OR ANY PRIZE CANNOT BE AWARDED DUE TO CANCELLATIONS, DELAYS, OR INTERRUPTIONS RESULTING OR ARISING FROM ACTS OF GOD, WAR, OR TERRORISM, CIVIL UNREST, STRIKES, SUPPLY SHORTAGES, NATURAL DISASTERS, WEATHER, EPIDEMICS, COMPLIANCE WITH ANY LAW OR ORDER OF A GOVERNMENTAL AUTHORITY, OR ANY OTHER SIMILAR ACT, EVENT, OR OCCURRENCE BEYOND THE REASONABLE CONTROL OF THE SPONSOR. BY PARTICIPATING IN THIS SWEEPSTAKES, PARTICIPANT AGREES THAT THE RELEASED PARTIES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY INJURIES, DAMAGES, OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES TO PERSONS, INCLUDING DEATH, OR TO PROPERTY ARISING OUT OF ACCESS TO AND USE OF ANY WEBSITE ASSOCIATED WITH THIS SWEEPSTAKES OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SUCH SITE, AS APPLICABLE. FURTHER, SPONSOR SHALL NOT BE RESPONSIBLE FOR ANY CANCELLATIONS, DELAYS, DIVERSIONS, CHANGES IN SERVICE OR ACCOMMODATIONS OR SUBSTITUTIONS, OR FOR ANY ACTS OR OMISSIONS BY ANY THIRD PARTIES BEYOND ITS REASONABLE CONTROL, INCLUDING AIR CARRIER(S) AND OTHER TRANSPORTATION COMPANIES; LODGING, RESTAURANT OR OTHER HOSPITALITY PROVIDERS; ENTERTAINMENT PROVIDERS, VENUES OR ARTISTS; OR OTHER THIRD PARTY PROVIDERS SUPPLYING ANY SERVICES OR COMPONENTS OF THE PRIZE(S) TO WINNERS AND/OR THEIR GUESTS, OR FOR ANY RESULTING INJURIES, INCLUDING MONEY DAMAGES, COSTS AND EXPENSES, PROPERTY DAMAGES, PERSONAL INJURIES OR DEATH RESULTING THEREFROM.

LEGAL WARNING:

ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DAMAGE, DESTROY, TAMPER OR VANDALIZE THIS WEB SITE OR INTERFERE WITH THE OPERATION OF THE SWEEPSTAKES, IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.

GOVERNING LAW AND LIMITATION OF LIABILITY:

All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of entrants, Sponsor or the Released Parties in connection with the Sweepstakes will be governed by and construed in accordance with the internal laws of the State of Michigan, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other laws.

BY ENTERING THE SWEEPSTAKES, 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 SWEEPSTAKES, 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.

DISPUTES:

The parties hereto each agree to finally settle all disputes only through arbitration; provided, however, the Released Parties shall be entitled to seek injunctive or equitable relief in the state and federal courts in Emmet County, MI 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 this Sweepstakes 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 Petoskey, MI. 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 Petoskey, MI. Sponsor agrees 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.

PRIVACY:

As a condition of entering the Sweepstakes, each entrant gives consent for Sponsor to obtain and deliver their name, address and other information provided by entrant to third parties, including Sweepstakes Administrator, for the purpose of administering this Sweepstakes and to comply with applicable laws, regulations and rules, including, without limitation, the storing of your personal information for purposes of complying with state record retention requirements. Any information entrant provides to Sponsor may be used to communicate with entrant in relation to this Sweepstakes or on a Sweepstakes winner’s list. Personal information collected from entrants are subject to the Sponsor’s Privacy Policy, which can be found at https://www.kilwins.com/privacy-policy.

OFFICIAL RULES REQUEST:

To request a copy of the Official Rules, see http://kilwins.com/pages/sweepstakes or send a self-addressed, stamped envelope by October 2, 2024, to: The Kilwins Sweet Moments Sweepstakes Official Rules Request, PO Box 654, Social Circle, GA 30025-0654.

WINNER CONFIRMATION REQUEST:

For a written confirmation of the winner (available after 10/02/24), send a stamped, self-addressed envelope (no later than 11/02/24), to: The Kilwins Sweet Moments Sweepstakes Winner Confirmation Request, PO Box 654, Social Circle, GA 30025-0654.

SPONSOR:

Kilwins Chocolate Franchise, Inc., 1050 Bay View Road, Petoskey, MI 49770.

SWEEPSTAKES ADMINISTRATOR:

US Sweepstakes & Fulfillment Company, 625 Panorama Trail, Suite 2100, Rochester, NY 14625. 1-800-620-6044

Void outside the US, in Puerto Rico, Guam, the U.S. Virgin Islands and wherever else prohibited by law.

All trademarks used herein are the property of their respective owners in the United States and abroad. All rights reserved.