Godiva Valentine’s Day Sweepstakes Official Rules

NO PURCHASE OR MOBILE TWEETING IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. THE FOLLOWING PROMOTION IS INTENDED FOR VIEWING IN THE UNITED STATES ONLY AND SHALL ONLY BE CONSTRUED AND EVALUATED ACCORDING TO UNITED STATES LAW. DO NOT PROCEED IN THIS SWEEPSTAKES IF YOU ARE NOT LOCATED IN THE UNITED STATES.

Godiva Valentine’s Day Sweepstakes (the “Sweepstakes” or the “Promotion”) starts February 4th, 2016 at 12:00:01 am. U.S. Eastern Time (“ET”) and ends February 15th, 2016 at 10:59:59 a.m. ET (“Promotion Period”).

Eligibility:

Promotion is open to legal residents of the fifty (50) United States and the District of Columbia, who are at least 18 years of age. Employees, officers, and directors of Godiva Chocolatier, Inc. (“Sponsor”), Twitter, any radio station partners, and Trade Marketing & Promotions Group, Inc. (“Administrator”) and their respective parents, subsidiaries, affiliates, promotion, related companies, agencies, and agents and members of their immediate family (defined as spouse, parent, sibling or child, and their respective spouses, regardless of where they reside) and persons living in the same household of such employees, officers, and directors whether or not related, are not eligible to enter or win. Void where prohibited by law. Promotion is subject to all applicable federal, state and local laws. By participating, you agree to abide by these Official Rules and the decisions of Administrator, which are final and binding in all respects.

This Promotion is in no way sponsored, endorsed or administered by Twitter.

How to Enter:

During the Promotion Period, you will have to follow @GODIVA on Twitter (Twitter.com) and Tweet #PDGSweepstakes a picture of your loved one (i.e., someone other than yourself) with for the opportunity to win a prize. A purchase of Godiva chocolate products is not required in order to enter. Entries will not be judged.

You may also enter the Sweepstakes without the need to take any photo or post any Tweet by hand printing your full name, address (including city and zip code), daytime telephone number, date of birth, e-mail address (if any) on a 3 ½” x 5” card and mailing it in an envelope with proper postage affixed to: Godiva Tweet Your Loved One Sweepstakes Entry, 711 Westchester Ave, Suite 102, White Plains, NY 10604. Entries must be postmarked by February 16, 2016 and received by February 23, 2016.

A Twitter account can be opened for free at Twitter.com. When you join Twitter, you are indicating that you have read and agree to accept the Twitter Terms of Service and Privacy Policy. If you already have a Twitter account, you will have to sign into your account and become a follower of @GODIVA, which is also free. Entries will not be acknowledged or returned. All electronic entries (i.e., entries made via Twitter) must be received between February 4, 2016 at 12:00:01 a.m. ET and February 15, 2016 at 10:59:59 a.m. ET to be eligible.

Limit one (1) entry per person and per Twitter account / username, regardless of method of entry. Multiple entries received from any person or Twitter handle in excess of the stated limitation will be void.

Any attempt by any individual to exceed the above-indicated entry limit by using multiple/different e-mail or IP addresses, identities, or any other methods, will void all that individual's entries and that individual will be disqualified. Use of any automated program or like means to submit an entry will result in disqualification. Sponsor, Administrator, radio station partners, Twitter and their respective agencies are not responsible for postage due mail or for late, lost, inaccessible, corrupted, garbled/illegible, misdirected, incomplete or invalid submissions (by tweet or postal mail, as applicable), all of which are void and will not result in Sweepstakes entry. Proof of transmission of completed entry does not constitute proof of receipt of same or proof of entry in Sweepstakes. In the event of dispute as to the identity or eligibility of a potential winner who entered via posting a photo, the winning entry will be declared made by the "Authorized Account Holder" of the Twitter account used to enter the Sweepstakes provided he/she is eligible according to these Official Rules. The "Authorized Account Holder" is defined as the natural person who is assigned to a Twitter account by www.twitter.com

Use of a mobile device to submit tweet/entry may result in the imposition of charges by your wireless carrier. You are therefore advised to consult your wireless rate plan PRIOR TO using a mobile device to submit your tweet/entry. Wireless internet access and/or text messaging capacity is not available on all mobile devices or wireless carriers or in all areas. If you choose to tweet using your mobile phone, standard text messaging and data fees for messages sent and received may apply to use of mobile device for Sweepstakes entry

By submitting a tweet/entry, you represent and warrant that the tweet/entry:

(a) is solely your original work product (DO NOT RETWEET another's person's tweet/entry);

(b) does not infringe upon the rights of any third party;

(c) has not been previously published or have won any award in a contest or competition;

(d) is truthful in all material respects.

Without limiting the foregoing, you represent and warrant that you have obtained permission from the person shown in your photo (i.e., your loved one)** for use of his/her image as part of the Promotion. Upon request, you will provide written proof of such permission. Failure to do so when requested or if such proof is deemed inadequate by Administrator in its sole discretion may result in disqualification.

**If loved one is a minor in his/her jurisdiction of residence (generally, under age 18), the permission of the loved one’s parent or legal guardian must instead be obtained.

Tweet/entry will be disqualified and Administrator may take all actions it deems necessary and appropriate to protect its rights as well as the rights of Sponsor (including petitioning Twitter to have the tweet removed), if Administrator determines in its sole discretion that tweet/entry:

(a) is inappropriate or unfit for publication (e.g., includes hate speech, nudity or obscenity);

(b) reflects adversely upon and could damage the goodwill and business reputation of Sponsor, its Godiva brand, Administrator or any other entity associated with the Sweepstakes;

(c) violates the rights of any third party, including but not limited to infringement of a party's trademark, copyright or other intellectual property rights, is libelous or defamatory (including but not limited to the rights of the loved one depicted in the tweet/entry);

(d) advocates alcohol or drug use, violent activity or illegal conduct of any kind;

(e) is not relevant to the Sweepstakes theme of a picture of a loved one.

POSTED TWEETS/ENTRIES REPRESENT SOLELY THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT AND DO NOT REFLECT THE VIEWS/OPINIONS OF GODIVA CHOCOLATIER, INC. OR ADMINISTRATOR IN ANY MANNER. GODIVA CHOCOLATIER, INC. AND ADMINISTRATOR EACH EXPRESSLY DISCLAIM ANY LIABILITY UNDER ANY LEGAL THEORY IN CONJUNCTION WITH MONITORING, MODERATING OR SCREENING TWEETS/ENTRIES.

Subject only to the rights reserved by Twitter as operator of its social network, entrant grants to Sponsor and its designees (including Administrator) the non-exclusive, irrevocable, perpetual, worldwide, royalty-free, transferable, sublicenseable right and license to use, perform, exhibit, reproduce and/or otherwise exploit his/her tweet/entry in any manner and in any and all distribution channels, venues or media now known or hereafter devised, without further notice or any compensation to entrant. Entrant waives any “Moral Right of Authors” (Droit Moral) in the tweet/entry.

Prize Drawing:

There will be three (3) prizes in the Promotion: The prize winners will be selected in a random drawing held from among all eligible entries received during the Promotion Period. For the avoidance of doubt, provided that it is eligible under these Official Rules (including but not limited to the restrictions as to subject matter as set forth above), the content of a tweet/entry will have no bearing on the winner selection process. The drawing will be conducted on or about February 24, 2016.

Prize, Odds of Winning and Winner Notification:

1) Grand Prize Winner: ARV $565

a. GODIVA Ultimate Chocolate Gift Tower

b. GODIVA Pure Bliss Gift Basket - Classic

c. GODIVA Ultimate Truffle Collection {Grand Prize must be accepted in its entirety or not at all.}

2) First Runner Up Prize: ARV $175

a. GODIVA Decadent Dreams Gift Tower - Classic

3) Second Runner Up Prize: $90

a. GODIVA 70 pc. Gold Ballotin

The Total ARV of all Prizes is $830.

Winner is solely responsible for any applicable federal, state, and local taxes and all unspecified expenses or fees associated with prize acceptance, receipt and use. Prizes will only be delivered to a street address in the fifty (50) United States or the District of Columbia. Limit of one (1) prize per family, address or household. No substitution, assignment, or transfer of prize permitted, except by Sponsor, who reserves the right to substitute prize/prize component with another prize/prize component of equal value if advertised prize/prize component cannot be awarded as stated for any reason. Prize cannot be redeemed or exchanged for cash by winner.

In the event that a potential prize winner cannot be contacted, or prize is returned as undeliverable, potential winner forfeits prize without compensation. In the event that potential prize winner is disqualified for any reason, potential winner forfeits prize. In the event of prize forfeiture, an alternate winner will be selected in a random drawing from all remaining eligible entries received for the drawing.

Any potential winner who entered by posting a photo will be followed by @GODIVA and will receive a direct message on Twitter from @GODIVA asking them to submit required information to validate the prize claim and ship the prize. If any such potential winner unfollowed @GODIVA after entering sweepstakes, @GODIVA will also ask potential winner to re-follow @GODIVA in order to receive direct message. Persons entering by posting a photo are solely responsible for configuring their privacy settings so that @GODIVA can contact them via direct message. Any such potential winner must then respond to a direct message with all requested prize claim information (including full name, date of birth, complete mailing address, and e-mail address) within a time period specified by Sponsor or prize will be forfeited and Sponsor will have no further obligation to such winner. Failure to respond within [3] days to the initial notification may result in disqualification and selection of an alternate winner. Prize will be fulfilled by mail approximately 3-7 weeks after receipt of winner's prize claim information, subject to verification of potential winner’s eligibility and full compliance with these Official Rules. If the potential winner cannot be contacted, within the required time period, or if the prize is returned as undelivered, potential winner forfeits such prize and an alternate winner may be selected. Any potential winner who entered by postal mail will be contacted by postal mail, phone or e-mail (if supplied), in Administrator’s sole discretion, and required to supply any information required to validate/fulfill the prize claim, subject to the same time limits described above. Each potential winner (regardless of method of entry) may be required to sign and return an affidavit of eligibility, liability release and publicity release (where lawful) within [5] days of prize notification. If applicable, failure to comply with the Affidavit/Release requirement may result in disqualification and selection of an alternate winner. If any eligible potential winner is deemed a minor under the laws of his/her state of residence, any requested documents must be signed by a parent or legal guardian and Sponsor reserves the right in its sole discretion to award the prize to or in the name of the parent or legal guardian of the minor.

Odds of winning depend on the total number of eligible entries received.

General Conditions:

Sponsor reserves the right to cancel or modify the Promotion if fraud, technical failures, or any other factor beyond its control impairs the integrity of the Promotion, as determined by Sponsor in its sole discretion.

In such event, the winners will be selected via random drawing comprised of all eligible photo entries that are not affected by the problem (if possible) and all eligible postal mail entries, or by some other means deemed by the Administrator, in its reasonable discretion, to be fair and appropriate. Administrator reserves the right, in its sole discretion, to disqualify any individual it determines, in its sole discretion, to be tampering with the entry process or the operation of this Promotion or to be acting in violation of these Official Rules or in a disruptive manner. Any attempt by any person to deliberately damage any website related to the Promotion or undermine the legitimate operation of this Promotion may be a violation of criminal and civil laws and, should such an attempt be made, Sponsor and Administrator each reserve the right to seek damages from any such person to the fullest extent permitted by law (as well as disqualifying such individual, if appropriate). Administrator’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

Publicity Release:

Except where prohibited by law, participation in the Promotion and acceptance of prize constitutes winner’s consent to Sponsor's and its designees' (including Administrator’s) use of winner’s name, likeness, voice, opinions, hometown, and state and other indicia of persona for promotional, trade, or advertising purposes in any media without geographic or time limitation, and without additional payment or consideration.

Liability Release:

By entering, entrant agrees to release and hold harmless Sponsor, Administrator, their respective partners and agencies, radio station partners, and Twitter, their respective related companies, and each of their respective officers, directors, employees, and agents, from and against any claim or cause of action arising out of participation in the Promotion or receipt or use or misuse of the prize.

Limitations of Liability:

Sponsor, Administrator, their respective partners and agencies, radio station partners, and Twitter (collectively, “Released Parties”) are not responsible for and you hereby release the Released Parties from any claims arising from: (1) incorrect or inaccurate transcription of entry information or lost, stolen, illegible, inaccessible, corrupted, incomplete, misdirected entries, postage due mail, or entries received through impermissible or illegitimate channels, all of which are void and will be disqualified; (2) technical failures of any kind, including but not limited to the malfunctioning of any telephone, mobile device, computer, network, hardware, or software (this also includes the inability of Sponsor and Administrator to receive tweets/entries due to filtering by Twitter and the inability of @GODIVA to contact potential winner via direct message); (3) the unavailability or inaccessibility of any website or any other service; (4) unauthorized human intervention in any part of the entry process or the Promotion and/or incomplete or inaccurate information being displayed on any website whether due to unauthorized human intervention, equipment failure or malfunction, or other cause; (5) electronic or human error which may occur in the administration of the Promotion or the processing of submitted entries; or (6) any injury or damage to persons or property, including but not limited to an individual’s computer or mobile device (or any information/materials stored thereon), which may be caused, directly or indirectly, in whole or in part, by participation in the Promotion.

Disputes / Choice of Law:

To the fullest extent permitted by law, you agree that: (1) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or the award of the prize shall be resolved individually, without resort to any form of class action, and exclusively by state or federal courts located in New York, New York (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorneys' fees; and (3) no punitive, incidental, special, consequential or other damages, including without limitation lost profits may be awarded (collectively, "Special Damages"), and (4) you hereby waive all rights to claim Special Damages and all rights to have such damages multiplied or increased. The internal, substantive law of New York governs the Sweepstakes and all aspects related thereto including construction, validity, interpretation, and enforceability of these Official Rules. By participating in Sweepstakes, you agree to submit to the personal and exclusive jurisdiction of the courts located in New York, New York.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.

Winner List:

For a copy of the winner list, available after March 1, 2016, mail a self-addressed stamped envelope to Godiva Tweet the One You Love Sweepstakes Winners List Request, 711 Westchester Ave, Suite 102, White Plains, NY 10604. Requests must be received by March 31, 2016.

Sponsor:

Godiva Chocolatier, Inc., 333 West 34th Street, New York, NY 10001