Terms and Conditions
Your use of www.idratherhavechocolate.com (the “Website”) is governed by these terms and conditions (“Agreement”), our Privacy Policy (“Privacy Policy”), and any other rules, policies, or guidelines that may be applicable to a particular feature on the Website, which are hereby incorporated by reference into this Agreement.
Please read this Agreement carefully. Your use of this Website constitutes your acceptance of the terms and conditions in this Agreement. Should you object to any of the terms and conditions contained in this Agreement, please do not use this Website.
This Website is owned and operated by Godiva Chocolatier, Inc. (“Godiva,“ “We”, “Us” or “Our”). We may amend this Agreement from time to time and will post a copy of the amended Agreement on the Website. Amendments will be effective immediately upon posting. Your continued use of the Website following the posting of any change constitutes your agreement to such change. We recommend that you regularly check this webpage for any updates and/or changes.
Registration
You must be 18 years old or older to make a submission on the Website (although anyone 13 or older may vote on submissions).
In order to participate in any interactive feature on the Website (except for voting), such as posting information, photos, or comments, you will need to supply certain information that may include, without limitation, e-mail address, and first and last name and complete address (“Submission Data”). If you do not provide your complete address at time of submission, if you are deemed a winner of any daily contest, you must provide your complete address at that time in order to receive your prize. You warrant that all Submission Data that you supply is accurate and you agree to update your Submission Data as necessary to keep it up to date and accurate. We may use any Submission Data provided in accordance with our Privacy Policy. If you provide Submission Data that is untrue, inaccurate or incomplete, or we suspect in our sole discretion that you have done so, we reserve the right to suspend or terminate all use of and access to the Website by you.
User Conduct
Any unauthorized commercial use of the Website is prohibited. The use of the Website to solicit business for any competitive website or service is also prohibited. You are solely responsible for the content and context of any materials you post or submit through the Website or that are posted or submitted. Please choose carefully what you post or submit. You warrant and agree that while using the Website, you will adhere to all Posting Guidelines.
Member Content
You are solely responsible for the videos, photographs, comments, messages, and other content that you post or publish on the Website (“Member Content”). By submitting Member Content for posting, you agree that you: (1) represent and warrant that you have obtained all necessary licenses, consents, waivers, releases, authorizations and/or permissions to post or transmit the Member Content; (2) represent and warrant that the Member Content does not constitute or contain any confidential information and is free of any claims of proprietary, privacy or personal rights; (3) are solely responsible for the Member Content you are submitting for posting; (4) agree that such Member Content is original with you and that you own all right, title and interest in the Member Content and any elements you include in it, such as photographs, video footage, music tracks and the like (you understand that you may be required to provide documentation in a form acceptable to Company evidencing such rights); and (5) grant to Company and its affiliated entities an irrevocable, worldwide, nonexclusive, perpetual, fully sub-licensable, transferable, royalty-free right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, publicly perform, and publicly display such Member Content (in whole or part) on the Website and on other websites owned or controlled by Godiva without compensation, notification, approval or any other obligation, to anyone, including yourself.
Furthermore, you acknowledge that you are free to use any ideas, concepts, know-how, or techniques contained in or derived from the Member Content for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products using such information, without compensation, notification, approval or any other obligation, to anyone, including you. You will not have any claim against Godiva with respect to any use or non-use of the Member Content.
When you submit Member Content for posting at this Website, you understand that Godiva will have the right, but not the obligation, to use, display and publish your screen name, video title, photograph, likeness, voice, performance, biographical information and/or statements, throughout the world in perpetuity on the Website and on other websites owned or controlled by Godiva. If Godiva makes use of any of the foregoing rights, you understand and agree that you shall not receive any other consideration, payment, notification or credit, nor will you have any approval over how Godiva uses the foregoing rights.
You acknowledge that the Website contains Member Content, photographs, videos, opinions and views of other users. You acknowledge further that Godiva is not responsible for the accuracy of any user content on the Website. You understand and agree that all user content is the sole responsibility of the person with whom the user content originated, notwithstanding that Godiva may pre-moderate user content prior to posting to Website. You understand and agree that you will evaluate, and bear all risks associated with, the use of any user content, including any reliance on the accuracy, completeness, or usefulness of such user content.
For the Official Rules governing the submission of Member Content for the I’dRatherHaveChocolate.com Piece of Chocolate Contest, click here.
Intellectual Property
You acknowledge and agree that all content and materials available on the Website, including but not limited to, our name and logos, are protected by intellectual property and other laws. Except as expressly authorized by us, any use, copy, reproduction, display, performance, modification or transmission is strictly prohibited.
Copyright Infringement Claims
In appropriate circumstances and at our sole discretion, we may suspend or terminate the access of and take other action against users who infringe the copyright rights of others. If you believe that your work has been copied and is accessible on the Website in a way that constitutes copyright infringement, or that the Website contains links or other references to another online location that contains material or activity that infringes your copyright rights, you may notify us by providing the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. §512):
- A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The notification should be sent to our copyright agent:
Donna Ebril
Senior VP and Chief Legal Officer
Godiva Chocolatier, Inc
355 Lexington Ave, New York, NY 10017
212-984-6466
212-984-5901
Donna_edbril@godivachoc.com
Monitoring
You agree that we have the right, but not the obligation, to monitor, edit, disclose, refuse to post, or remove at any time, for any reason in our sole discretion, any material and content anywhere on the Website. The poster may be alerted if Member Content has been deemed unacceptable and removed from the Website, in our sole discretion. Notwithstanding this right, we are not responsible for any materials posted by users. Please note that you may be exposed to content on this Website that may be offensive, inaccurate or otherwise inappropriate.
Use of the Website
We make no representations that the content and materials on the Website are appropriate, available or legal in any location outside of the United States. Those who choose to access the Website from outside of the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Access and Modifications to the Website.
We reserve the right, for any reason, in our sole discretion, to terminate, suspend or change any aspect of the Website, including but not limited to, content, features or hours of availability. We may impose limits on certain features of the Website or restrict your access to part or all of the Website without notice or penalty. or that your access to the Website content is uninterrupted, timely or secure.
Endorsements
All products, services, and marks that appear on the Website that are not Godiva’s products, services, or marks are the products, services, or marks of their owners. Reference to any names, marks, products or services of third parties or hypertext links to third party sites or information do not constitute or imply endorsement, sponsorship or recommendation of the third party information, product or service.
Similarly, we do not endorse any Member Content or any opinion, recommendation, or advice expressed therein, nor do we make any representations or warranties that the Member Content is reliable, accurate or complete.
Godiva expressly disclaims any and all liability in connection with Member Content, and we are not liable for any loss resulting from any action taken or reliance made by you on any information or Member Content.
Third Party Websites
This Website may contain links to other websites (“Third Party Websites”). These links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with the Third Party Websites.
Unless expressed otherwise in this Website, our links to Third Party Websites must not be construed as an endorsement, approval or recommendation by us of the owners or operators of the Third Party Websites, or of any information, graphics, materials, products or services referred to or contained on the Third Party Websites.
Privacy
For an explanation of our online information practices with regards to information collected or submitted to the Site, please see our Privacy Policy.
DISCLAIMER OF WARRANTIES
THE WEBSITE, INCLUDING ALL CONTENT, FUNCTIONS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE WEBSITE, IS PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE WEBSITE OR THE FUNCTIONS, FEATURES OR CONTENT CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE ASSUME NO RESPONSIBILITY OR LIABILITY FOR (A) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE WEBSITE, (B) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF POSTED REVIEWS, OR OTHER CONTENT ON THE WEBSITE, (C) ANY VIRUSES, BUGS, TROJAN HORSES OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY A THIRD PARTY, OR (D) THE CONTENT OF ANY POSTS OR MESSAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CERTAIN USERS.
LIMITATION OF LIABILITY
IN NO EVENT WILL GODIVA, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSEES, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO (A) THE USE OF, OR INABILITY TO USE, THE WEBSITE, (B) THE WEBSITE CONTENT, MATERIALS OR FUNCTIONS, (C) MEMBER CONTENT, (D) UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS, INCLUDING PERSONAL INFORMATION CONTAINED THEREIN, (E) ANY VIRUSES, BUGS, TROJAN HORSES OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY A THIRD PARTY, (F) THE CONTENT OF ANY POSTS OR MESSAGES, OR (G) THE CONDUCT OF ANY THIRD PARTY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE) ARISING FROM THIS AGREEMENT OR YOUR USE OF THE WEBSITE EXCEED ONE HUNDRED DOLLARS ($100.00) IN THE AGGREGATE.
Indemnification
You agree to defend, indemnify and hold us and our officers, directors, employees, agents, licensees, successors and assigns harmless from and against any and all claims, losses, damages, liabilities, costs and expenses (including reasonable attorneys’ fees) incurred or suffered by any of them in connection with any claim arising out of or related to (a) your use of the Website, (b) your breach or violation of this Agreement, (c) your dispute with another user, (d) the unauthorized access to any password-protected area of the Website using your password, or (e) your violation or alleged violation of any third party right, including without limitation copyright or privacy right. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle or otherwise dispose of any matter without our prior written consent.
Termination
This Agreement constitutes a binding agreement between you and us until terminated by you or us, which we may do at any time, without notice, in our sole discretion. Godiva reserves the right to terminate access of repeat copyright infringers or users whose posts are repeatedly flagged and/or removed because of inappropriate content. Our limitation of liability will survive such termination. If you become dissatisfied with the Website, your only recourse is to immediately discontinue use of the Website.
Jurisdiction
Your use of this Website is governed by and construed in accordance with the laws of New York without regard to conflict of law provisions. By using this Website, you irrevocably and unconditionally submit to the jurisdiction of the federal or state courts of New York City, New York to govern any dispute arising out of your use of this Website.
Notices
Except as explicitly stated otherwise, any notices will be given by email to us at IRHC@idratherhavechocolate.com or to you at the email address you provide to us. Notice will be deemed given 24 hours after the email is sent, unless the sending party is notified that the email address is invalid.
General Provisions
This Agreement constitutes the entire agreement between you and Godiva and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to the Website. If any provision of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, then such provision will be enforced to the maximum extent possible so as to effect the intent of this Agreement, and the remainder of this Agreement will continue in full force and effect. The failure by either you or us to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be transferred or assigned by us without restriction. You agree that any cause of action arising out of or related to the Website or this Agreement must commence within one year after the cause of action arose; otherwise, such cause of action is permanently barred. All provisions in this Agreement regarding representations and warranties, indemnification, disclaimers, and limitation of liability will survive the termination of this Agreement.
Contact Information
If you have any questions or comments about this Agreement, we can be contacted at:
909 Third Ave, New York, New York 10022
212-885-0334
Sydney.sarachan@hillandknowlton.com
Posting Guidelines
You represent you are at least 18 years of age or older and that you have all legal rights to the content and materials contained in your Member Content.
You understand employees of Godiva, or its agencies, will review Member Content for compliance with these content submission guidelines. You represent that you have reviewed these prior to submitting Member Content. You acknowledge that Godiva has the right to reject or take down Member Content from the Website at any time and for any reason, including its determination that the Member Content does not adhere to these terms. You agree that, if accepted, your Member Content may be posted on the Website, and on other websites owned or controlled by Godiva for so long as Godiva determines or I remove it.
You understand that your Member Content may be rejected or removed from the Website if it:
- is sexually explicit or suggestive; unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group; profane or pornographic; contains nudity;
- promotes alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing); promotes any activities that may appear unsafe or dangerous; promotes any particular political agenda or message;
- is obscene or offensive; endorses any form of hate or hate group; appears to duplicate any other submitted Entries;
- defames, misrepresents or contains disparaging remarks about other people or companies;
- contains trademarks, logos, or trade dress (such as distinctive packaging or building exteriors/interiors) owned by others, without permission; contains any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses;
- contains copyrighted materials owned by others (including photographs, sculptures, paintings, and other works of art or images published on or in websites, television, movies or other media), without permission;
- contains materials embodying the names, likenesses, voices, or other indicia identifying any person, including, without limitation, celebrities and/or other public or private figures, living or dead, without permission;
- contains look-alikes of celebrities or other public or private figures, living or dead;
- communicates messages or images inconsistent with the positive images and/or good will to which we wish to associate; and/or
- violates any law.
I’dRatherHaveChocolate.com Piece of Chocolate Contest
Official Rules
NO PURCHASE IS NECESSARY TO ENTER OR WIN.
I’dRatherHaveChocolate.com Piece of Chocolate Contest (“Contest”) is a daily contest in which one (1) winner will be determined each day, Monday through Friday (as set forth more completely below). For the purposes of this Contest, a day will begin at 8:01 a.m. Eastern Time (“ET”) and end at 8:00 a.m. ET on the following day, except for Mondays, on which a day will begin at 8:00 a.m. ET (referred to herein also as the “Contest Period”).
ELIGIBILITY: Contest is open to legal residents of the fifty (50) United States and District of Columbia, 18 years of age and older. Employees of Godiva Chocolatier, Inc. (“Sponsor”), its parent, subsidiaries, affiliates, promotion and advertising agencies, and members of their immediate family (spouse and parent, children and siblings and their respective spouses, regardless of where they reside) and persons living in the same household, whether or not related, of such employees, are not eligible to enter or win. Void where prohibited by law. Contest is subject to all applicable federal, state and local laws.
HOW TO ENTER: During the Contest Period, you can enter the Contest in two (2) ways: (i) tell us in 50 words to less about a moment in your day when you found yourself thinking, “I would do anything for a piece of chocolate instead of doing this”, or (ii) upload your photo showing us a moment in your day when you found yourself thinking, “I would do anything for a piece of chocolate instead of doing this”. If you upload a photo, you can share your thoughts/frustrations/heart’s desire in 50 words or less (“Entry”). Photo must be submitted in .jpg, .gif or .png format, be 400 pixels wide and cannot exceed 2 MB in size. Entries generated by script, macro or other automated means or any means which subvert the entry process are void. There is no limit on the number of Entries a person can submit; however, any Entry submitted by a person/email address must be substantially different from any other Entry submitted by that person/email address. All Entries become the sole property of the Sponsor and will not be returned. All Entries must comply with the Posting Guidelines, incorporated herein by reference.
Entry must be the original work of the entrant, in English, may not have been previously published, may not have won previous awards, and must not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity. If the Entry contains any material or elements that are not owned by the entrant, and/or which are subject to the rights of third parties, the entrant is responsible for obtaining, prior to submission of the Entry, any and all releases and consents necessary to permit the use and exhibition of the Entry by Sponsor in the manner set forth in these Official Rules, including, without limitation, name and likeness permissions from any person who appears in or is identifiable in the Entry. Sponsor reserves the right to request proof of these permissions in a form acceptable to Sponsor from any entrant at any time. Failure to provide such proof may, if requested, render Entry null and void. By submitting an Entry, entrant warrants and represents that he/she and any persons appearing or who are identifiable in the Entry consent to the submission and use of the Entry in the Contest and to its use as otherwise set forth herein.
By submitting an Entry, entrant agrees that his/her Entry conforms to these Official Rules and that Sponsor, in its sole discretion, may disqualify any Entry for any reason, including if it determines, in its sole discretion, that an Entry fails to conform to these Official Rules in any way or otherwise contains unacceptable content as determined by Sponsor, in its sole discretion.
By submitting an Entry, entrant hereby grants permission for the Entry to be posted on I’dRatherHaveChocolate.com and/or other Sponsor websites. Entrant agrees that Released Parties (as defined below) are not responsible for any unauthorized use of Entries by third parties. Released Parties do not guarantee the posting of any Entry.
VOting: Entries will be featured at I’dRatherHaveChocolate.com. Individuals who are at least 13 years of age can cast a vote for each Entry, with one (1) gem being the lowest vote and five (5) gems being the highest vote. Limit one (1) vote per person/email address per Entry. Votes received from any person/email address for any Entry in excess of the stated limitation will be void. Entrants are prohibited from obtaining votes by any fraudulent or inappropriate means, including, without limitation, offering prizes or other inducements to members of the public, as determined by Sponsor in its sole discretion. Subject to verification of eligibility and compliance with these Official Rules, the Entry that receives the highest average vote for any day, as determined by Sponsor, will be deemed that day’s winner. In the event of a tie, the Entry from among those tied with the highest number of valid five (5) gem votes will be deemed the winner. If a tie still exists, the Entry from the those tied with highest number of valid four (4) gem votes will deemed the winner and so on until such time as a winner is determined. If a tie still remains, Sponsor will determine, in its sole discretion, the winner for that day. Use of script, macro or any automated system to vote or with the intent to impair the integrity of the voting process is prohibited and all such votes will be void. Entries will carry forward from one day to the next, but votes will not. Please note that an Entry’s average vote from the time it was posted will be displayed on the website, but only votes received for an Entry for any one day will be used to determine that day’s winner. Judges’ and Sponsor’s decisions are final and binding on all matters relating to this Contest.
WINNER NOTIFICATION: Potential winner for each day will be notified by email and may be required to complete an Affidavit of Eligibility, Liability and Publicity Release (unless prohibited by law) and any other documents required by Sponsor, which must be returned within fourteen (14) days of date appearing on prize notification. Return of prize or prize notification as undeliverable, failure to sign and return requested documentation within the specified time period, the inability of Sponsor to contact a potential winner within a reasonable time period or noncompliance with these Official Rules by any potential winner will result in disqualification. If any potential winner is an eligible 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 responsible for fulfilling all requirements imposed on winners set forth herein.
Prize (one (1) per day): 100 pieces of Godiva Gems. Approximate Retail Value (“ARV”) is $60. Prize is awarded “as is” with no warranty or guarantee, either express or implied by Sponsor. Winners may not substitute, assign or transfer prize or redeem prize for cash, but Sponsor reserves the right, at its sole discretion, to substitute prize (or portion thereof) with one of comparable or greater value. Winners are responsible for all applicable federal, state and local taxes, if any, as well as any other costs and expenses associated with prize acceptance and use not specified herein as being provided. All prize details are at Sponsor’s sole discretion. Limit three (3) prizes per household per each twelve month period.
GENERAL CONDITIONS: By participating, each entrant agrees: (a) to abide by these Official Rules and decisions of Sponsor and judges, which shall be final and binding in all respects relating to this Contest; (b) to release, discharge and hold harmless Sponsor, its parent, affiliates, subsidiaries, and advertising and promotion agencies, and the respective officers, directors, shareholders, employees, agents and representatives of the forgoing (collectively, “Released Parties”) from any and all injuries, liability, losses and damages of any kind to persons, including death, or property resulting, in whole or in part, directly or indirectly, from entrant’s participation in the Contest or any Contest-related activity or the acceptance, possession, use or misuse of any awarded prize; and (c) to the use of his/her name, voice, performance, photograph, image and/or likeness for programming, advertising, publicity and promotional purposes in any and all media, now or hereafter known, worldwide, and in perpetuity by Sponsor and its designees, without compensation (unless prohibited by law) or additional consents from entrant or any third party and without prior notice, approval or inspection, and to execute specific consent to such use if asked to do so.
OWNERSHIP/USE OF ENTRIES: By submitting an Entry, each entrant agrees Sponsor shall have a non-exclusive, unlimited, worldwide, royalty-free, fully paid-up license to the Entry submitted (including all rights embodied therein) and that it and its designees may exploit, edit, modify, crate derivative works of, distribute and use the Entry and all elements of such Entry, including, without limitation, the names and likenesses of any persons or locations embodied therein, in any and all media now known or hereafter devised, without compensation, permission or notification to entrant or any third party.
MISCELLANEOUS: Released Parties are not responsible for lost, late, incomplete, damaged, inaccurate, stolen, delayed, misdirected, undelivered, or garbled Entries or votes; or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Contest, including, without limitation, errors or difficulties which may occur in connection with the administration of the Contest, the processing or judging of Entries, the tabulation of votes, the announcement of the prize, the incorrect uploading of the photo or in any Contest-related materials. 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. Released Parties are not responsible for injury or damage to any person’s computer related to or resulting from participating in this Contest or downloading materials from or use of the website. Persons who tamper with or abuse any aspect of the Contest or website, who act in an unsportsmanlike or disruptive manner or who are in violation of these Official Rules, as solely determined by Sponsor, will be disqualified and all associated Entries and/or votes will be void. Sponsor reserves the right at its sole discretion to suspend, modify or terminate the Contest (or any portion thereof) for any reason, including, but not limited to, should any portion of the Contest be, in Sponsor’s sole opinion, compromised by virus, worms, bugs, non-authorized human intervention or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play, or submission of Entries and/or votes, and, if terminated, at its discretion, select the potential winner for the day at issue from all eligible, non-suspect votes received prior to action taken. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST OR THE VOTING PROCESS MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
Request for WinnerS LIST: For a list of winners, send a self-addressed, stamped envelope to: Sydney Sarachan, c/o Hill & Knowlton 909 Third Ave. New York, NY 10022. Please specify the dates for which you wish to know the names of the winners. Requests received 30 days after the end of the Contest will not be honored.
Sponsor: Godiva Chocolatier, Inc., located at 139 Mill Rock Road East, Suite 2 Old Saybrook, CT 06475.
I’dRatherHaveChocolate.com Voting Terms and Conditions
Voting is open to legal residents of the fifty (50) United States and District of Columbia who are 13 years of age or older. Employees of Godiva Chocolatier, Inc. (“Sponsor”), its parent, subsidiaries, affiliates and promotion and advertising agencies, and members of their immediate family (spouse, parent, child, sibling and their respective spouses) and persons living in the same household of such employees, whether or not related, are not eligible to vote. Void where prohibited by law. The voting process for the promotion is subject to all applicable federal, state, and local laws and regulations.
All eligible entries will be posted on I’dRatherHaveChocolate.com each day and a visitor to the site meeting the eligibility requirements for voting will have the opportunity to vote for his/her favorite entry. Voters must follow instructions on web site to submit their votes. Limit one (1) vote per person/email address per entry, and payment or other consideration in exchange for votes is prohibited. Subsequent votes by a single user will be disqualified. Votes generated by script, macro or other automated means or any other means intended to impact the integrity of the voting process as determined by Sponsor are void.
Sponsor, its parent, affiliates, subsidiaries, and advertising and promotion agencies, and the respective officers, directors, shareholders, employees, agents and representatives of the forgoing (collectively, “Released Parties”) are not responsible for incorrect/inaccurate voting information. Released Parties assume no responsibility 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, votes. Released Parties are not responsible for any problems or technical malfunction of any telephone network or telephone lines, computer on-line systems, servers, or providers, computer equipment, software, failure of any vote to be cast or tabulated on account of technical problems, human error or traffic congestion on the Internet or at website, or any combination thereof or for any other reason, or for any injury or damage to participant’s or any other person’s computer relating to or resulting from participation in voting process or downloading any materials. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor reserves the right, in its sole discretion, to modify, terminate, or suspend the voting or void any vote for any reason, including, but not limited to, should a virus, bug, non-authorized human intervention, action of entrant, or other cause corrupt or impair the administration, security, or fairness of the voting. Sponsor reserves the right, in its sole discretion, to disqualify any individual they find to be violating these terms, tampering with the voting process, or acting in an unsportsmanlike or improper manner. The decision of the Sponsor and judges with respect to the tallying of votes, and the invalidation or disqualification of any suspected votes, shall be final. Sponsor: Godiva Chocolatier, Inc., located at 139 Mill Rock Road East, Suite 2 Old Saybrook, CT 06475.