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Terms of Use

Please read the following Terms of Use and Legal Restrictions (“Terms”) carefully. They govern your use of website www.clabbergirl.com (the “Site”) of Clabber Girl Corporation (“Clabber Girl”). By accessing this Site, you acknowledge and agree to be bound by the following Terms. They may be modified from time to time without notice by Clabber Girl, but they will be posted on this Site. If you do not agree to the following Terms, do not use this Site.

Restrictions on Use of Materials
Clabber Girl is the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing on the Site and is the copyright owner or licensee of the content and/or information on the Site including but not limited to any screens appearing on the Site. By placing them on the Site, Clabber Girl does not grant to any Site user any license or other authorization to copy or use its trademarks, registered trademarks, service marks, copyrightable material, or other intellectual property, except as provided herein. Various products and services described on the Site may carry registered or other trademarked symbols that are the sole property of their respective owners.
You may view, print, and download portions of the content and/or information of the Site solely in connection with your use of the Site and solely for your own use or records. Clabber Girl reserves the right to revoke this authorization at any time. In printing or downloading content and/or information from the Site, you agree not to change or delete any proprietary notices, trademarks, and the like from any printed or downloaded content and/or information. Except as otherwise provided in these Terms or as consented to in writing by Clabber Girl, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another web page, use on any other website, transfer, or sell any content and/or information appearing on the Site. Furthermore, you may not attempt to view, disclose, copy, reverse engineer, disassemble, decompile or otherwise examine the Site source code. If you make use of the Site other than as authorized herein, you may be in violation of copyright laws and other laws of the United States and other countries, as well as applicable state laws, and may be subject to penalties and/or legal or equitable remedies available to Clabber Girl or its licensor.

Disclaimer and Limitation of Liability
Clabber Girl Corporation uses reasonable efforts to include accurate and current information on this Site. However, Clabber Girl Corporation makes no representations or warranties as to the accuracy of information contained on this Site. Clabber Girl Corporation assumes no liability or responsibility for any errors or omissions as to the content of this Site.

Although Clabber Girl uses reasonable security and encryption provisions, we do not guarantee and make no representations or warranties concerning our ability to prevent unauthorized access of or tampering with the Site or information accessible through the Site. You acknowledge that information transmitted through the Internet or accessible through the Internet is never completely secure.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SITE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. CLABBER GIRL DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO: (1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES; AND, (2) ANY WARRANTIES OF TITLE, OF NON-INFRINGEMENT, OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES ARISING FROM A COURSE OF DEALING, TRADE USAGE, OR TRADE PRACTICE. NEITHER CLABBER GIRL NOR ANY OF ITS DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, OR LICENSORS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY COMPENSATORY, DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR ATTORNEYS’ FEES, ARISING OUT OF YOUR USE OF THE SITE OR INABILITY TO GAIN ACCESS TO OR USE THE SITE OR OUT OF ANY BREACH OF ANY WARRANTY, EVEN IF CLABBER GIRL OR THE CLABBER GIRL ASSOCIATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, IN SUCH STATES AND JURISDICTIONS LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. CESSATION OF YOUR USE OF THE SITE IS YOUR SOLE RIGHT AND REMEDY WITH RESPECT TO ANY DISPUTE WITH CLABBER GIRL.

Links
This Site may contain links to other external sites. The links are provided “as is.” You should be aware that you use them at your own risk. Clabber Girl does not endorse, and Clabber Girl is not liable for any content, products, services, software or other materials available on such other sites, even if a page or pages of the other sites are framed within a page of this Site. Clabber Girl is not responsible for the privacy practices or the content of other sites. For your protection, please refer to the terms of service and privacy policies of the respective sites. You acknowledge, understand and agree that Clabber Girl shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such other sites. Clabber Girl and its content and service providers shall not be liable for any errors or delays in the content, goods or services available on such other sites, or for any actions taken or not taken in reliance thereon.

User Conduct
You agree to abide by all applicable international, federal, state and local laws and regulations in your use of this Site. You agree that Clabber Girl may terminate your use of the Site in Clabber Girl’s sole discretion for any reason.

You are responsible for maintaining the confidentiality of your login name and password and for any and all activities that occur under your password or account. You agree to immediately notify Clabber Girl of any unauthorized use of your password or account, or any other breach of security of which you become aware.

You shall not access or attempt to access password protected, secure, or non-public areas of the Site, except with the authorization of Clabber Girl. Clabber Girl has no obligation to monitor the Site; however, you acknowledge and agree that Clabber Girl has the right to monitor the Site electronically from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation, or other governmental request, to operate the Site properly, or to protect itself or others.

You shall be solely responsible for your actions and the contents of your transmissions to the Site. You shall not transmit any materials or information to this Site that infringes on any copyright or other proprietary rights of any other person. You shall not impersonate any person or entity or falsely state or otherwise misrepresent your identity or affiliation with a person or entity. You shall not post or transmit: (i) any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or foreign law; (ii) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial or non-commercial communication except as otherwise expressly permitted by Clabber Girl; or (iii) any information or software which contains a virus, trojan horse, worm, or other harmful component.

Copyright Infringement and DMCA Policy
If you believe material located on or linked to by our sites, such as clabbergirl.com, infringes on your copyright(s), please notify us by providing an appropriate DMCA notice. Upon receipt of a complete and valid notice, Clabber Girl will respond to all such notices by removing the infringing material and/or disabling all links to the infringing material.

Clabber Girl will terminate a visitor’s access to and use of the Clabber Girl website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Clabber Girl or others.

To File a DMCA notice, Send your complaint to our Designated Agent:

Megan Pence
Clabber Girl Corporation
900 Wabash Ave
Terre Haute, IN 47807
(812) 232-9446

Your DMCA complaint must include the following:
A physical or electronic signature of the copyright owner or a person authorized to act on his/her/its behalf;
An identification of the copyright claimed to have been infringed;
A description of the nature and exact location of the material that you claim to infringe your copyright in sufficient detail to permit Clabber Girl to find and positively identify that material. For example we require a link to the specific blog post (not just the name of the blog) that contains the material and a description of which specific portion of the blog post – an image, a link, the text, etc. – your complaint refers to;
Your name, address, telephone number, facsimile number, and email address;
A statement that you have 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 you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Termination
These Terms are effective until terminated by either party. You may terminate these Terms at any time by permanently discontinuing your use of the Site. These Terms will terminate immediately without notice from Clabber Girl Corporation if in Clabber Girl Corporation’s sole discretion you fail to comply with any term of these Terms. Upon termination, you must destroy all materials obtained from this site and all copies thereof.

Notices
Where required, Clabber Girl may give notice to you by a general posting on the Site, by electronic mail, or by conventional mail to your address of record. You may give notice to Clabber Girl by electronic mail or by conventional mail to the address below. If you have any questions about these Terms, the practices of the Site, or your dealings with Clabber Girl, please e-mail or write to:

Clabber Girl Corporation
P.O. Box 150
Terre Haute, Indiana
USA 47808-0150

Miscellaneous
The laws of the State of Indiana shall govern the validity, performance, enforcement, interpretation and any other aspect of these Terms, without regard to principles of conflicts of laws thereunder. The parties agree to submit to the exclusive jurisdiction and venue of the courts of Vigo County, Indiana for any action arising out of these Terms. Clabber Girl Corporation may revise these Terms from time to time. You are bound by such revisions and for this reason should periodically review the current Terms to which you are bound. The Site is provided for lawful purposes only. You acknowledge and agree that the provisions, disclosures and disclaimers set forth in these Terms are fair and reasonable and your agreement to follow and be bound by them is not the result of fraud, duress or undue influence exercised upon you by any person or entity. You acknowledge and agree that the Site is for your personal and non-commercial use.

Clabber Girl shall have the right to assign these Terms and to sublicense any and all of its rights under these Terms. These Terms, including any documents referenced herein and any additional operating rules as posted on the Site, represent the entire understanding between you and Clabber Girl regarding your relationship with Clabber Girl and your use of the Site. These Terms supersede all previous written or oral agreements between you and Clabber Girl with respect to such subject matter. Notwithstanding any provision of these Terms, Clabber Girl has available all remedies at law or equity to enforce these Terms.

Social Media Contest Rules

Official Rules

NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE THE CHANCES OF WINNING. ALL FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.

Participation constitutes entrant’s full and unconditional agreement to and acceptance of these Official Rules.  The “Baileys Cookbook & Product Giveaway – Facebook” (the “Sweepstakes”) begins at 12:01 a.m. Eastern Standard Time (“EST”) on December 17, 2019 and ends at 11:59 p.m. EST on December 19, 2019 (“Sweepstakes Period”). Sweepstakes is sponsored by Clabber Girl Corporation (the “Sponsor”).

  1. Eligibility: Sweepstakes is only open to legal residents of the fifty (50) United States and the District of Columbia, who are 18 years of age or older as of the Sweepstakes start date. Employees of Sponsor, its parent or its or their affiliates, subsidiaries, advertising and promotion agencies, (collectively the “Employees”), and immediate family members and/or those living in the same household of Employees are not eligible to participate in the Sweepstakes.
  2. Each entrant must be an authorized account holder of Facebook (Facebook membership is free, but is subject to acceptance of the Facebook Terms of Service, which can be found at https://www.facebook.com/terms.php). By entering this Sweepstakes, entrants give their express permission to be contacted by Sponsor via telephone, e-mail or direct message on Facebook and to have their entry information posted on the Sponsor’s Facebook page without any compensation. All entries become the property of Sponsor and will not be acknowledged. Any attempt by an entrant to obtain additional entries by using other Facebook accounts, will void all entries submitted by such individual and the entrant will be disqualified from the Sweepstakes. Entry in the Sweepstakes is for individuals only.
  3. The Sweepstakes is subject to all applicable federal, state, and local laws and regulations. Void where prohibited.
  4. Agreement to Rules: By participating, the entrant agrees to be fully and unconditionally bound by these Official Rules, and entrant represents and warrants that they meet the eligibility requirements. In addition, entrant agrees to accept the decisions of Sponsor as final and binding.
  5. How to Enter: NO PURCHASE NECESSARY. During the Sweepstakes Period, post a comment about what dessert to add the Baileys baking chips to the comment section of the post announcing this Sweepstakes on Sponsor’s Facebook page. By posting a comment on Sponsor’s Facebook page in accordance with these Official Rules, you will be entered into a random drawing. Each comment posted is equal to one (1) entry into the Sweepstakes. Limit one (1) entry per person during the Sweepstakes Period. No other methods of entry are valid.
  6. All entries must be received during the Sweepstakes Period to be eligible to win a prize. Late and/or subsequent entries will be disqualified. Entries that are incomplete or do not adhere to the rules or specifications may be disqualified at the sole discretion of Sponsor. Submission of an entry grants Sponsor and its parent and its and their affiliates and agents an unlimited, worldwide, perpetual, license and right to publish and use the entry in any way, in any and all media, without limitation, and without consideration to the entrant.
  7. If you participate in the Sweepstakes via your wireless phone, message and data rates may apply. Please consult your provider for charges.
  8. Winner Selection and Notification: A random drawing to determine one (1) winner will take place on or about December 20, 2019 from all eligible entries received during the Sweepstakes Period. All drawings will be conducted by Sponsor whose decisions are final in all matters relating to the Sweepstakes. Sponsor shall have no liability for winner’s failure to receive notices due to spam, junk e-mail or other security settings or for winner’s provision of incorrect or otherwise non-functioning contact information. If winner cannot be contacted, is ineligible, fails to respond to any prize notification message within three (3) business days, or fails to timely return a completed and executed declaration and release as required, the prize may be forfeited and an alternate winner selected at Sponsor’s sole discretion.
  9. Prize: One (1) winner will receive a pair of BAILEYS® Original Irish Cream Baking Chips cookbooks and three bags (12 oz.) of BAILEYS® Original Irish Cream Baking Chips. The Approximate Retail Value of the prize is $25.00. The prize is nontransferable. Any and all prize-related expenses, including without limitation any and all federal, state, and/or local taxes, shall be the sole responsibility of winner. No substitution of prize or transfer/assignment of prize to others or request for the cash equivalent by winner is permitted. The Sponsor reserves the right at its sole discretion to substitute any part of the prize with another prize of equal or greater value in the event that the prize (or any component thereof) is not available. Acceptance of prize constitutes permission for Sponsor to use winner’s name, likeness, and entry for purposes of advertising and trade without further compensation, unless prohibited by law.
  10. Odds: The odds of winning depend on the number of eligible entries received.
  11. Publicity/usage rights: Entering the Sweepstakes constitutes permission (except where prohibited) for the Sponsor, its parent, and its and their affiliates, subsidiaries, employees, officers and directors to use worldwide such winner’s name, photograph, likeness, statements, biographical information, voice and address (city and state), in all forms of media, including the Internet, for any commercial, publicity or promotional purpose, without limitation, in perpetuity, without review, notice, consideration or compensation.
  12. Terms & Conditions: Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Sweepstakes should virus, bug, non-authorized human intervention, fraud, or other cause beyond Sponsor’s control corrupt or affect the administration, security, fairness, or proper conduct of the Sweepstakes. In such case, Sponsor may, at its sole discretion, select the winner from all eligible entries received prior to and/or after (if appropriate) the action taken by Sponsor. Sponsor reserves the right, in its sole discretion, to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Sweepstakes or violates these Official Rules. Sponsor has the right, in its sole discretion, to maintain the integrity of the Sweepstakes, to void entries for any reason, including, but not limited to: multiple entries from the same user from different IP addresses; multiple entries from the same computer in excess of that allowed by the Official Rules; the use of bots, macros, scripts, or other technical means for entering; or acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT, TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor’s failure to enforce any term of these Official Rules shall not constitute waiver of that provision. By participating, entrants agree to be bound by these Official Rules and the decisions of the Sponsor, and waive any right to claim ambiguity in the Sweepstakes or these Official Rules.
  13. Limitation of Liability: By entering, entrant agrees to release and hold harmless Facebook, Sponsor, and its and their parents, subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers, and directors from any liability, illness, injury, death, loss, litigation, claim, or damage that may occur, directly or indirectly, whether caused by negligence or not, from: (i) such entrant’s participation in the Sweepstakes and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof; (ii) technical failures of any kind, including but not limited to the malfunction of any computer, cable, network, hardware, or software, or other mechanical equipment; (iii) the unavailability or inaccessibility of any transmissions, telephone, or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Sweepstakes; (v) electronic or human error in the administration of the Sweepstakes or the processing of entries.
  14. Disputes: Except where prohibited, each entrant agrees that (a) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, (b) any claims, judgments and award shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes, but in no event attorney’s fees, (c) under no circumstances will any entrant be permitted to obtain any award for, and entrant hereby waives all rights to claim, punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than damages for actual out-of-pocket expenses, and (d) all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrant’s rights and obligations, or the rights and obligations of Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of New Jersey, without giving effect to any choice of law or conflict of law rules (whether of the State of New Jersey or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New Jersey, and shall be resolved exclusively in the state or federal courts in the State of New Jersey, and each entrant expressly consents to the jurisdiction of said courts and waives any objection thereto.
  15. Privacy Policy: Information submitted with an entry is subject to the B&G Foods, Inc. (“Parent”) Privacy Policy that can be found at https://www.bgfoods.com/privacy-policy. By participating in the Sweepstakes and providing this information, entrant hereby (a) agrees to Sponsor and Parent’s collection and usage of their personal information, (b) acknowledges that they have read and accept Parent’s Privacy Policy, and (c) grants to Sponsor and Parent, the right to use his/her name, mailing address, telephone number, and e-mail address for the purpose of administering the Sweepstakes, including but not limited to contacting and announcing the winner and fulfilling the prize. 
  16. Winners List: To obtain a copy of the winner’s name or a copy of these Official Rules, mail your request along with a stamped, self-addressed envelope to: Clabber Girl Corporation, PO Box 150, Terre Haute, Indiana 47808, United States. Requests must be received no later than January 15, 2020.
  17. Sponsor: The Sponsor of the Sweepstakes is Clabber Girl Corporation, PO Box 150, Terre Haute, Indiana 47808, United States.
  18. Facebook: The Sweepstakes is in no way sponsored, endorsed, administered by, or associated with Facebook.

The BAILEYS word and associated logos are trademarks of R & A Bailey & Co and are used under license.

© 2019 R & A Bailey & Co