Contest Rules
NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. ALL FEDERAL, STATE, LOCAL, AND MUNICIPAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED.
1. Eligibility
Clusters Popcorn Contest #1 (the "Contest") is open to legal residents of the forty-eight (48) contiguous United States and the District of Columbia who are at least eighteen (18) years old at the time of entry. Employees of Clusters Popcorn and other companies associated with the promotion of the Contest, and their respective parents, subsidiaries, affiliates and advertising and promotion agencies as well as the immediate family (spouse, parents, siblings, and children) and household members of each such employee are not eligible. The Contest is subject to federal, state, and local laws and regulations.
2. Sponsor
The Contest is sponsored by Clusters Handcrafted Popcorn and Partners:
CHP18018 LLC
530 Main Street, Bethlehem, PA 18018
Phone: 610-849-2576
Email: julian@clusterspopcorn.com
CHP18931 LLC
Shop #53 Peddler's Village
Mail to: PO Box 604, Lahaska, PA 18931
Phone: 215-794-5000
Email: linda@clusterspopcorn.com
CHP 18938 LLC
25 N. Main Street, Doylestown, PA 18901
Phone: 215-794-5000
Email: linda@clusterspopcorn.com
3. Agreement to Official Rules
Participation in the Contest constitutes entrant's full and unconditional agreement to and acceptance of these Official Rules and the decisions of the Sponsor, which are final and binding. Winning a prize is contingent upon being compliant with these Official Rules and fulfilling all other requirements set forth herein.
4. Giveaway Period
The Contest begins on June 10, 2020 at 12:01:00 a.m Eastern Standard Time and ends on September 30, 2020 at 11:59:59 p.m Eastern Standard Time (the " Contest Period"). Entries that are submitted before or after the Contest Period will be disqualified. Submissions will be accepted for the duration of the Contest using any of the following methods: Online Purchases and “Clustering Challenge”.
5. How to Enter
There are two (2) ways to enter:
1. Eligible individuals who make an online purchase on Sponsor’s website at https://clusterspopcorn.com will receive one (1) Contest entry for each purchase.
2. To enter without purchase,
a) Participants must complete the Clustering Challenge on Instagram, Facebook, or TikTok.
- The Clustering Challenge requires the person to record themselves, or others, throwing popcorn in the air and catching it in their mouth.
- The Clustering Challenge requirements can also be found on each stores Instagram in the highlight feature.
- In order to qualify for the Contest persons must then post their “Clustering Challenge” video onto one of the previously described social media platforms.
- Please note that Clusters DOES NOT require you to utilize Cluster’s popcorn to qualify.
b) Tag Clusters Popcorn (either store) on the designated social media platform.
c) Use the hashtag #ClustersGiveAway on the designated.
d) Eligible individuals must perform steps (a - c) in order to qualify.
e) Eligible individuals will receive one (1) Contest entry for each post.
f) No limit on number of entries received via the no purchase method (Clustering Challenge). Persons must not utilize the same recorded video which qualified them for any previous entry.
g) It should be acknowledged that the promotion (Contest) is in no way sponsored, endorsed, or administered by, or associated with, either of the social media platforms that the eligible individuals utilize to participate in the Contest.
6. Entry Multiplier
Throughout the Contest Period the Sponsor will be announcing opportunities to earn multiple entries (multiples: 2 times (2X), 3 times (3X), 4 times (4X), or 5 times (5X)) the number entries based on total purchase. For every purchase made, earn multiple entries into the Contest during the specified time period. Multiple and time frame of offer to be determined and announced by Sponsor.
During this specified time period, “Clustering Challenge” entries (follow directions for no purchase entries above) with the words “ENTRY MULTIPLIER” written in the social media post will earn “equivalent multiples of entries as reference above in Entry Multiplier” if their post was posted on the specified date range.
7. Prize Drawing
On or about October 01, 2020, the Sponsor will select potential winners in a random drawing from among all eligible entries received. The odds of being selected depend on the number of entries received. The Sponsor will attempt to notify the potential winner via telephone or email on or about October 01, 2020. If the potential winner cannot be contacted within five (5) days after the date of the first attempt to contact him/her, the Sponsor may select an alternate potential winner in his/her place at random from the remaining non-winning, eligible entries. Prize will be mailed to the provided shipping address by the Contest winner. Any shipping fees will be covered by the Contest Sponsor.
8. Winner Notification
The potential winners will be notified by email, mail or phone. Each potential Prize winner (parent/legal guardian if a minor in his/her state of residence) will be required to complete, electronically sign and submit a Declaration of Compliance within five (5) days of the date notice or attempted notice is sent, in order to claim his/her prize. If a potential winner cannot be contacted, or fails to submit the Declaration of Compliance within the required time period (if applicable), or prize is returned as undeliverable, potential winner forfeits prize. If the potential winner is at least 18 but still considered a minor in his/her jurisdiction of residence, Sponsor reserves the right to award the prize in the name of his/her parent or legal guardian, who will be required to sign the Declaration of Compliance on the potential winners behalf and fulfill any other requirements imposed on winner set forth herein. Potential winners must continue to comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. In the event that a potential winner is disqualified for any reason, Sponsor will award the applicable prize to an alternate winner by random drawing from among all remaining eligible entries. Only three (3) alternate drawings will be held, after which the prize will remain un-awarded. Prizes will be fulfilled approximately 2-4 weeks after the conclusion of the Contest.
9. Prizes
Brand New, Apple iPad, 7th Generation, 32GB, Wi-Fi, Space Gray
10. General Conditions
In the event that the operation, security, or administration of the Contest is impaired in any way for any reason, including, but not limited to fraud, virus, bug, worm, unauthorized human intervention or other technical problem, or in the event the Contest is unable to run as planned for any other reason, as determined by Sponsor in its sole discretion, the Sponsor may, in its sole discretion, either (a) suspend the Contest to address the impairment and then resume the Contest in a manner that best conforms to the spirit of these Official Rules or (b) terminate the Contest and, in the event of termination, award the prize at random from among the eligible, non-suspect entries received up to the time of the impairment. The Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to damage the website or undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, the Sponsor reserves the right to seek damages (including attorney's fees) and any other remedies from any such person to the fullest extent permitted by law. Failure by the Sponsor to enforce any provision of these Official Rules shall not constitute a waiver of that provision.
11. Release and Limitations of Liability
By participating in the Contest, entrants agree to release and hold harmless the Sponsor, and each of their respective parents, subsidiaries, affiliates, advertising and promotion agencies, other companies associated with the Contest, and each of their respective officers, directors, employees, shareholders, representatives, and agents (the Released Parties) from and against any claim or cause of action arising out of participation in the Contest or receipt or use of the prize (including any travel or activity related thereto), including, but not limited to: (a) any technical errors associated with the Contest, including lost, interrupted or unavailable Internet Service Provider (ISP), network, server, wireless service provider, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone, cellular tower or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties; (b) unauthorized human intervention in the Contest; (c) mechanical, network, electronic, computer, human, printing or typographical errors; (d) application downloads, (e) any other errors or problems in connection with the Contest, including, without limitation, errors that may occur in the administration of the Contest, the announcement of the winner, the cancellation or postponement of the event and/or the flyover, if applicable, the incorrect downloading of the application, the processing of entries application downloads or in any Contest-related materials; or (f) injury, death, losses or damages of any kind, to persons or property which may be caused, directly or indirectly, in whole or in part, from entrants participation in the Contest or acceptance, receipt or misuse of the prize (including any travel or activity related thereto). Entrant further agrees that in any cause of action, the Released Parties liability will be limited to the cost of entering and participating in the Giveaway, and in no event shall the entrant be entitled to receive attorney's fees. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Contest. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
12. Disputes
Except where prohibited, each entrant agrees that any and all disputes, claims and causes of action arising out of, or connected with, the Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in Pennsylvania. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrants rights and obligations, or the rights and obligations of the Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of Pennsylvania, without giving effect to any choice of law or conflict of law rules, which would cause the application of the laws of any jurisdiction other than Pennsylvania.
13. Privacy
Information collected from entrants is subject to sponsor's privacy policy.
Terms and Conditions
Agreement between User and www.clusterspopcorn.com and its partnering webpages and social media pages.
Welcome to www.clusterspopcorn.com. The www.clusterspopcorn.com website (the "Site") is comprised of various web pages operated by Clusters Handcrafted Popcorn and Partners ("Clusters Popcorn"). www.clusterspopcorn.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of www.clusterspopcorn.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
www.clusterspopcorn.com is an E-Commerce Site.
Clusters Popcorn sells branded, gourmet popcorn made by proprietary recipes and training procedures.
Clusters Popcorn offers an ever growing list of flavors and sizes that best suit the demands of the customers. Clusters Popcorn is a legal franchise with multiple storefronts in the tri-state area.
Clusters Popcorn has a catering department that is best utilized for events such as birthdays, weddings, etc.
Clusters Popcorn is most commonly utilized for personal consumption and gifting purposes.
Privacy
Your use of www.clusterspopcorn.com is subject to Clusters Popcorn's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
Electronic Communications
Visiting www.clusterspopcorn.com or sending emails to Clusters Popcorn constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Children Under Thirteen
Clusters Popcorn does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.clusterspopcorn.com only with permission of a parent or guardian.
Cancellation/Refund Policy
Clusters Popcorn honors the customer's right to cancel their order and receive a full refund as long as the request is placed prior to the order processing date.
Links to Third Party Sites/Third Party Services
www.clusterspopcorn.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Clusters Popcorn and Clusters Popcorn is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Clusters Popcorn is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Clusters Popcorn of the site or any association with its operators.
Certain services made available via www.clusterspopcorn.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.clusterspopcorn.com domain, you hereby acknowledge and consent that Clusters Popcorn may share such information and data with any third party with whom Clusters Popcorn has a contractual relationship to provide the requested product, service or functionality on behalf of www.clusterspopcorn.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use www.clusterspopcorn.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Clusters Popcorn that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Clusters Popcorn or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Clusters Popcorn content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Clusters Popcorn and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Clusters Popcorn or our licensors except as expressly authorized by these Terms.
International Users
The Service is controlled, operated and administered by Clusters Popcorn from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Clusters Popcorn Content accessed through www.clusterspopcorn.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless Clusters Popcorn, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Clusters Popcorn reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Clusters Popcorn in asserting any available defenses.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Clusters Popcorn agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. CLUSTERS POPCORN AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
CLUSTERS POPCORN AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. CLUSTERS POPCORN AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CLUSTERS POPCORN AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CLUSTERS POPCORN OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
Clusters Popcorn reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the Commonwealth of Pennsylvania and you hereby consent to the exclusive jurisdiction and venue of courts in Pennsylvania in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Clusters Popcorn as a result of this agreement or use of the Site. Clusters Popcorn's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Clusters Popcorn's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Clusters Popcorn with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Clusters Popcorn with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Clusters Popcorn with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Clusters Popcorn reserves the right, in its sole discretion, to change the Terms under which www.clusterspopcorn.com is offered. The most current version of the Terms will supersede all previous versions. Clusters Popcorn encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
Clusters Popcorn welcomes your questions or comments regarding the Terms:
CHP18018 LLC
530 Main Street, Bethlehem, PA 18018
Phone: 610-849-2576
Email: julian@clusterspopcorn.com
CHP18931 LLC
Shop #53 Peddler's Village
Mail to: PO Box 604, Lahaska, PA 18931
Phone: 215-794-5000
Email: linda@clusterspopcorn.com
CHP 18938 LLC
25 N. Main Street, Doylestown, PA 18901
Phone: 215-794-5000
Email: linda@clusterspopcorn.com
Effective as of June 10, 2020