#SparkGoodness voting has ended! Thank you to all who participated... check back in the first few days of 2019 for the winners!

Copyright 2018 Thomas A. Barron, LLC

T.A. BARRON’S SPARK GOODNESS GRAND PRIZE CONTEST (the "Contest")

Official Rules, November 12, 2018 - December 31, 2018

NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR TO WIN.  A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.  VOID WHERE PROHIBITED.

SPONSOR:  The sponsor of the Contest is Thomas A. Barron, LLC ("Sponsor").

PROMOTION DESCRIPTION:  The Contest begins at 12:00:00 p.m. Eastern Time on November 12, 2018 and shall conclude at 11:59 p.m. Eastern Time on December 31, 2018 (the "Contest Period"). Fifty (50) Contest entries will be displayed for public voting on the Contest web page located at: tabarron.com/sparkgoodness (“Contest Web Page”) during the Contest Period.  The fifty (50) Contest entries will consist solely of the grand prize winners and runner-up prize winners (collectively, the “Initial Prize Winners”) from the T.A. Barron’s Spark Goodness Contests conducted each calendar month, from January 2018 through October 2018 (collectively, the “Initial Contests”). By participating in this Contest, each entrant unconditionally accepts and agrees to comply with and abide by these T.A. Barron’s Spark Goodness Grand Prize Contest Official Rules (“Official Rules”) and the decisions of Sponsor, which shall be final and binding in all respects.

ELIGIBILITY:  The Contest is open only to Initial Prize Winners who are residents of the 50 United States of America or the District of Columbia who are thirteen (13) years of age or older as of their time of entry. Entrants under the age of majority must receive prior permission from a legal parent or guardian to enter and their legal parent or guardian must also agree to these Official Rules.  If you are at least thirteen (13) years old but not yet eighteen (18) years of age or the applicable age of majority, if greater than eighteen (18) years of age in your respective jurisdiction (“Age of Majority”), please have your parent(s) or legal guardian(s) review these Official Rules with you, discuss any questions that you may have and give you their permission to access the Contest Web Page. If you are a parent or a guardian, you are responsible for exercising supervision over your children's online activities. If you do not agree to the terms of these Official Rules, do not let your child enter the Contest and/or access and/or use the Contest Web Page. If you are the parent or guardian of a child under the age of thirteen (13) and you believe that your child has entered the Contest and/or accessed the Contest Web Page without your authorization, please Contact Us. If an entrant under her/his applicable Age of Majority wins a Prize (as defined below) in this Contest, the Prize will be awarded to the parent or legal guardian upon receipt of all required documents. Employees of Sponsor, Pancake Laboratories, Inc. (“Administrator”), and each of the foregoing entities' affiliates, authorized designees and other related entities, and any other individual or entity associated with the development, judging or administration of the Contest (collectively, the "Contest Entities"), as well as members of such employees' immediate families (spouses, children, siblings, parents), and persons living in the same household as such persons, whether or not related, are not eligible to participate in the Contest.

HOW TO ENTER:  In order to enter the Contest, you must be an Initial Contest Winner.

WINNER SELECTION; JUDGING CRITERIA:  All qualifying Initial Contest Winners will be uploaded to an online third-party voting ballot to be judged by popular vote of the public. A link to the voting ballot will be available on the Contest Web Page, located at: tabarron.com/sparkgoodness. Individuals may cast one (1) vote for one (1) of the Initial Contest Winners per day during the Contest Period.  Sponsor shall stop accepting votes at 11:59 p.m. Eastern Time on December 31, 2018.  Any votes submitted by the same individual in excess of the one (1) vote per day limit will be discarded.  

The five (5) entrants with the highest total number of votes at the conclusion of the Contest Period will be selected as the potential Prize winners, with the entrant with the highest number of votes potentially being awarded the Grand Prize (as defined below), and the entrants with the four (4) next highest vote tallies potentially being awarded the Runner-Up Prizes.  In the event of a tie, the entrant with the highest overall score from the Initial Contest will be selected. If there is a still a tie after the highest overall score from the Initial Contest has been considered, the ensuing tiebreakers shall apply: (a) first, the entry that scored the highest in the “positive spirit” category from the Initial Contest will be selected; (b) next, the “inspiring others” category from the Initial Contest; and (c) finally, the “initiative” category from the Initial Contest.

No entrant or other individual is permitted to open any additional, separate email accounts, or otherwise submit votes under aliases, in order to exceed the one (1) vote per day limit (“Fraudulent Vote”).  In addition, it is prohibited for two (2) or more entrants and/or third-parties to collaborate during the Contest to adopt a strategy (before or during the Contest) in order to mutually gain an advantage and/or harm any other entrant(s) (collectively, “Collusion”).  Anyone who engages in, participates in, or displays behavior that may be interpreted, in Sponsor’s sole discretion, as unfair methods in participating in the Contest and/or obtaining votes including, but not limited to, the opening and/or use of multiple accounts to participate in the same Contest, the use of unauthorized or altered software or hardware to assist in obtaining/recording votes (e.g., bots, bot nets, and collusion with bots), Collusion with voters or other entrants, harassment of voters or other entrants, or any other act (whether through the use of automated technology or otherwise) that unfairly alters a entrant’s chance of winning or constitutes the commission of fraud (collectively, “Abuse”), will be subject to immediate sanction (as determined by Sponsor in its sole discretion), which may include, without limitation, invalidation of any applicable votes and/or forfeiture of any applicable Prize. 

Your activities in connection with generating Votes (“Vote Requesting Activities”), and the text, images, content and other materials used by you in connection with same (“Material”), must: (i) comply with all applicable federal and state laws, rules and regulations including, without limitation, the CAN-SPAM Act of 2003, as amended, and the Federal Trade Commission’s report entitled, “Protecting Consumer Privacy in an Era of Rapid Change: Recommendations for Businesses and Policymakers,” as amended; (ii) not infringe upon any third party intellectual property or other proprietary rights; and (iii) comply with the Federal Trade Commission Guidelines Concerning the Use of Endorsements and Testimonials and Native Advertising: A Guide for Businesses (the “FTC Guidelines”) by including any necessary caveats and disclaimers including prominent disclosures that one could potentially win a Prize in the Contest where one receives a certain number of votes.

SPONSOR RESERVES THE RIGHT TO INVALIDATE ANY PROSPECTIVE VOTE WHERE SPONSOR DETERMINES, IN ITS SOLE AND ABSOLUTE DISCRETION, THAT THE VOTE IS A FRAUDULENT VOTE AND/OR WAS THE PRODUCT OF COLLUSION AND/OR ABUSE, WAS GENERATED USING ANY FRAUDULENT OR DECEPTIVE METHOD, WAS GENERATED IN BAD FAITH OR WAS OTHERWISE GENERATED IN VIOLATION OF THESE OFFICIAL RULES.

DETERMINATIONS OF FINAL VOTE COUNTS, AND ASSOCIATED PRIZES, SHALL BE MADE BY COMPANY IN ITS SOLE AND ABSOLUTE DISCRETION, AND SHALL BE FINAL AND BINDING ON ALL PARTIES INVOLVED.  In the event that a potential Prize winner fails to comply with these Official Rules prior to delivery of the Prize, the Prize may be forfeited and awarded to an alternate winner.

PRIZES: 

Sponsor will award five (5) Prize packages as follows:

Grand Prize: The entrant with the highest vote tally at the conclusion of the Contest Period will be awarded USD $1,000.00, payable in one lump sum (“Grand Prize”).

Runners-Up Prizes: The entrants with the four (4) next highest vote tallies after the Grand Prize winner will each be awarded USD $125.00, payable in one lump sum (each, a “Runner-Up Prize,” and together with the Grand Prize, the “Prizes”).

GENERAL PRIZE CONDITIONS:   No substitution of Prizes will be allowed; provided, however, that Sponsor reserves the right in its sole discretion to substitute Prizes of comparable value, in whole or in part, for any reason.  All details of the Prizes not specified in these Official Rules will be determined by Sponsor in its sole discretion. THE PRIZE WINNERS ARE RESPONSIBLE FOR REPORTING AND PAYING ANY FEDERAL, STATE AND LOCAL INCOME TAXES OR OTHER TAXES, FEES OR ASSESSMENTS, THAT MAY APPLY TO WINNNIG A PRIZE. SPONSOR IS NOT RESPONSIBLE FOR AND WILL NOT PAY ANY SUCH TAXES. SPONSOR RESERVES THE RIGHT TO WITHOLD STATE AND FEDERAL TAXES FROM ANY WINNING PRIZE, AS APPROPRIATE.  SPONSOR RESERVES THE RIGHT TO FILE A FORM 1099-MISC FOR EACH PRIZE WINNER. 

ODDS:  The odds of winning a Grand Prize is 1 in 50.  The odds of winning a Runner-Up Prize is 4 in 50.

NOTICE TO POTENTIAL PRIZE WINNERS:  The potential Prize winners will be notified via e-mail within thirty (30) days after the winning entrants are selected (entrants should ensure that their e-mail addresses are accurate and up to date).  The potential Prize winners are subject to eligibility verification.  .  Sponsor is not responsible for communication problems of any kind.  If, despite reasonable efforts, a potential winner does not respond, using the contact information provided by Sponsor in its notification, within fifteen (15) days of the first notification attempt, or if the Prize or Prize notification is returned as unclaimed or undeliverable to such potential winner, such potential winner will forfeit her or his Prize and an alternate winner may be selected.

FURTHER DOCUMENTATION:  Potential Prize winners may be required to execute an Affidavit of Eligibility, a Liability Release, a parent/guardian affidavit of eligibility and release if the potential winner is under the Age of Majority (where imposing such condition is legal) and a Publicity Release (collectively, "Prize Claim Documents").  If the potential winner is under the Age of Majority, then a parent or legal guardian must execute all Prize Claim Documents and accept the Prize on the potential winner’s behalf.  If any potential winner (or a parent or legal guardian of any potential winner, if and as applicable) fails or refuses to sign and return all Prize Claim Documents within thirty (30) days of Prize notification, the winner may be disqualified and an alternate winner may be selected.

GENERAL LIABILITY RELEASE/FORCE MAJEURE:  Entrants agree that the Contest Entities: (a) shall not be responsible or liable for any losses, damages, or injuries of any kind (including death) resulting from participation in the Contest or any Contest-related activity, or from entrants' acceptance, receipt, possession, use, or misuse of any Prize; and (b) have not made any warranty, representation, or guarantee express or implied, in fact or in law, with respect to any Prize.  Entrants hereby release the Contest Entities from and against any liability including, without limitation, liability for any property damage, property loss, bodily injury or death resulting from participation in the Contest or any Contest-related activity, or from entrants' acceptance, receipt, possession, use, or misuse of any Prize.  Sponsor assumes no responsibility for any damage to an entrant's computer system which is occasioned by accessing the Contest Web Page or other Contest-related websites, or participating in the Contest, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature.  Without limiting the generality of the foregoing, Sponsor is not responsible for: (i) incomplete, illegible, misdirected, misprinted, late, lost, postage-due, damaged or stolen votes or entries or Prize notifications; (ii) lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet Service Providers, websites or other connections; (iii) miscommunications, failed, jumbled, scrambled, delayed or misdirected computer, telephone, cable transmissions or other communications; (iv) any technical malfunctions, failures, difficulties or other errors of any kind or nature; or (v) the incorrect or inaccurate capture and/or recording of votes and/or any other information, or the failure to record any vote and/or capture any information.   Sponsor reserves the right in its sole discretion to disqualify any individual who is found to: (A) be tampering with the voting process or the operation of the Contest, Contest Web Page or Contest-related websites; (B) be acting in violation of these Official Rules; (C) be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Contest; or (D) annoy, abuse, threaten or harass any other person. Sponsor reserves the right to seek damages and other remedies in connection with any of the foregoing acts, to the fullest extent permitted by law.  In the event that Sponsor is prevented from awarding Prize(s) or continuing with the Contest as contemplated herein by any event beyond its control including, without limitation, fire, flood, natural or man-made epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis, order of any court or jurisdiction or other cause not reasonably within Sponsor's control (each a "Force Majeure" event or occurrence), Sponsor shall have the right to modify, suspend or terminate the Contest.  If the Contest is terminated for Force Majeure before the end of the Contest Period, Sponsor will (if possible) select winners from all eligible, non-suspect votes received as of the date of the event giving rise to the termination.  The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision.  In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.

LIMITATION OF LIABILITY: Any and all claims, judgments and awards associated with the Contest, including the Prizes, shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Contest, if any, but in no event attorneys’ fees.  Under no circumstances will any entrant be permitted to obtain awards for, and each entrant hereby waives all rights to claim, punitive, incidental and/or consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. If, for any reason, a vote is confirmed to have been erroneously deleted, lost or otherwise destroyed or corrupted, the sole remedy is to award an additional corresponding vote, if it is possible.  No more than the stated number of Prizes will be awarded.  In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of Prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of Prizes from among all legitimate, un-awarded, eligible Prize claims.

ADMINISTRATOR:  Administrator is an independent third-party.  Administrator is not involved in marketing the Contest.  Administrator is not the sponsor of the Contest and will not respond to any inquiries.  Administrator is responsible for providing the vote-tallying functionality associated with the Contest Web Page. 

INDEMNIFICATION.  You agree to indemnify and hold the Contest Entities harmless from and against any and all claims, expenses (including reasonable attorneys' fees, costs and settlement costs), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your unauthorized conduct in connection with the Contest and/or improper use of the Contest Web Page; (b) your breach of these Official Rules; (c) your failure to comply with the FTC Guidelines; and/or (d) your violation of any rights of another individual and/or entity.  The provisions of this Section are for the benefit of the Contest Entities and each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.

PUBLICITY RELEASE:  Except for residents of the State of Tennessee and where otherwise prohibited by law, by participating in the Contest, in addition to any other grants which may be granted in any other agreement entered into between Sponsor and any entrant in the Contest, each entrant irrevocably grants the Contest Entities and their respective successors, assigns and licensees, the right to use such entrant's name, likeness, image and biographical information in any and all media for any purpose, including, without limitation, advertising and publicity purposes, as well as in connection with the Contest, and hereby releases the Contest Entities from any liability with respect thereto.

INTELLECTUAL PROPERTY: The Official Rules, Contest Web Page and all related web pages and content are the property of the Sponsor, Administrator or their authorized third-parties. The copying or unauthorized use of any of those materials, associated trademarks, or any other intellectual property, without the express written consent of its owner is strictly prohibited.

GOVERNING LAW/JURISDICTION:  All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of entrants and Sponsor in connection with the Contest shall be governed by and construed in accordance with the laws of the State of Colorado without giving effect to any choice of law or conflict of laws rules or provisions.  Should a dispute arise concerning the Contest, the terms and conditions of these Official Rules or the breach of same by any party hereto: (a) the parties agree to submit their dispute for resolution by arbitration before a reputable arbitration organization as mutually agreed upon by the parties; and (b) you agree to first commence a formal dispute proceeding by completing and submitting an Initial Dispute Notice to us which can be found at: https://tabarron.com/wp-content/uploads/Thomas-A.-Barron-LLC.-Initial-Dispute-Notice.pdf.  Sponsor may choose to provide you with a final written settlement offer after receiving your Initial Dispute Notice (“Final Settlement Offer”). If Sponsor provides you with a Final Settlement Offer and you do not accept it, or Sponsor cannot otherwise satisfactorily resolve your dispute, you can submit your dispute for resolution by arbitration before a reputable arbitration organization as mutually agreed upon by the parties, in your county of residence, by filing a separate Demand for Arbitration, which can be found at: https://tabarron.com/wp-content/uploads/Thomas-A-Barron-LLC-Sweepstakes-Demand-for-Arbitration.pdf.  For claims of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions. If the arbitrator awards you relief that is greater than the Final Settlement Offer, then Sponsor will pay all filing, administration and arbitrator fees associated with the arbitration and, if you retained an attorney to represent you in connection with the arbitration, Sponsor will reimburse any reasonable attorneys’ fees that your attorney accrued for investigating, preparing and pursuing the claim in arbitration. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing contained herein shall be construed to preclude any party from: (i) seeking injunctive relief in order to protect its rights pending an outcome in arbitration; and/or (ii) pursuing the matter in small claims court rather than arbitration. Although Sponsor may have a right to an award of attorneys’ fees and expenses if Sponsor prevails in arbitration, Sponsor will not seek such an award from you unless the arbitrator determines that your claim was frivolous.

To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against the Contest Entities and/or its employees, officers, directors, members, representatives and/or assigns.  You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit.  You agree to pay the attorney’s fees and court costs that the Contest Entities incur in seeking such relief.  This provision preventing you from bringing, joining or participating in class action lawsuits: (A) does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (B) is an independent agreement.  You may opt-out of these dispute resolution provisions by providing written notice of your decision within thirty (30) days of the date that you first submit an entry in connection with the Contest.

WINNERS LIST/OFFICIAL RULES:  To obtain any legally-required winners list (after the conclusion of the Contest) or a copy of these Official Rules, send a self-addressed envelope with the proper postage affixed to:  PO Box 1407, Boulder, CO 80306. Please specify "winners list" or "Official Rules" and the name of the Contest in your request.