1. CAMPAIGN PERIOD: Campaign begins on or about 9/1/11 at 12:00:01 AM PT and ends on 12/31/11 at 11:59:59 PM PT. But, Campaign Period will end earlier than 12/31/11 if prior to this date (a) specially marked packages of Ghirardelli Intense Dark™ products (and codes included therein) are exhausted or (b) the total consumer donation threshold of fifty thousand dollars ($50,000) is met.
2. HOW IT WORKS: Specially marked pink ribbon packages of Ghirardelli Intense Dark™ products (Evening Dream™ 60% Cacao, Twilight Delight™ 72% Cacao, Midnight Reverie™ 86% Cacao, and Toffee Interlude™) include a code inside which is redeemable by the purchaser for a one dollar ($1) donation to the National Breast Cancer Foundation ("NBCF"). Specially marked pink ribbon packages of Intense Dark™ products can be found at participating grocery and specialty retailers in the 50 United States and the District of Columbia. Offer is valid only in the 50 United States and the District of Columbia and is void where prohibited. For each properly entered code at www.ghirardelli.com/intensedark during the Campaign Period, Ghirardelli Chocolate Company will donate one dollar ($1) to the National Breast Cancer Foundation (up to a total consumer donation of fifty thousand dollars [$50,000], for a total overall donation of one hundred thousand dollars [$100,000]). To result in donation, code must be entered exactly as it appears inside product package. Codes will NOT be accepted and are void after end of Campaign Period.
3. ABOUT CODES: Code is to be used only by individual purchaser of Intense Dark™ product to make a single, one-time donation of one dollar ($1). Participation by group, organizations, clubs, or businesses is prohibited. Codes are not exchangeable/redeemable for cash or credit. Any attempted transfer, exchange, sale/purchase or reproduction of codes or the collection and/or use of codes in any manner other than as set forth herein is prohibited and may constitute fraud. Any re-publication or other dissemination of codes or other information/materials regarding the Campaign is prohibited and constitutes a violation of Ghirardelli Chocolate Company’s rights. Ghirardelli Chocolate Company and its agencies assume no responsibility for any printing, typographical or other error or irregularity of any kind with respect to Intense Dark™ product packaging and/or codes whereby the purchase of qualifying product and/or entering of code does not result in donation of one dollar ($1) to NBCF. Before making one dollar ($1) donation, Ghirardelli Chocolate Company and/or its agencies may verify validity of code; and, if code is determined to be invalid and/or to have been obtained other than through authorized, legitimate channels as per these Terms, Ghirardelli Chocolate Company and its agencies will have no obligation to make a donation to NBCF (or other liability of any kind) in conjunction with such code. Without limiting the foregoing, Ghirardelli Chocolate Company and its agencies expressly disclaim any liability for an erroneous, defective or irregular code or a code which otherwise does not result in donation of one dollar ($1) to NBCF.
4. CONDITIONS: Campaign is NOT to be combined with any other Ghirardelli offer or promotion. In all matters related to the Campaign and these Terms, the decisions of Ghirardelli Chocolate Company and its agencies will be final and binding in all respects. Customers will not receive any tax benefits/credits in conjunction with purchase of Intense Dark™ product(s) or participation in Campaign. Donation is being made by Ghirardelli Chocolate Company to NBCF. Ghirardelli Chocolate Company and its agencies assume no responsibility for any computer, telephone, cable, network, electronic, programming or Internet hardware or software malfunctions, failures or errors of any kind or for damage to participant’s or any third party’s computer (or data stored therein) relative to participation in the Campaign. If Ghirardelli Chocolate Company or its agencies, in their sole discretion, suspect fraud, tampering or other improper conduct in conjunction with the Campaign, Ghirardelli Chocolate Company/its agencies may, in their sole and absolute discretion, modify the amount to be donated so as to address such improper conduct with notice of such action by Ghirardelli Chocolate Company being posted at www.ghirardelli.com/intensedark.; and, Ghirardelli Chocolate Company and its agencies will have no liability in conjunction with such determination. CAUTION: ANY ATTEMPT BY AN INDIVIDUAL TO UNDERMINE THE LEGITIMATE OPERATION OF THE CAMPAIGN MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, GHIRARDELLI CHOCOLATE COMPANY RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION. If circumstances beyond the control of Ghirardelli Chocolate Company (a force majeure event, such as a strike, civil unrest, natural cataclysm, equipment failure/malfunction/error or tampering/unauthorized intervention) interfere with or prevent altogether Ghirardelli Chocolate Company’s implementation of the Campaign as originally intended (as determined by Ghirardelli Chocolate Company in its sole discretion), Ghirardelli Chocolate Company may in its sole discretion, modify, suspend or terminate the Campaign; and, in such event, Ghirardelli Chocolate Company’s liability will be limited to the greater of the above-indicated minimum amount per charity or the amount of donations collected prior to termination of the Campaign by Ghirardelli Chocolate Company. Notice of such action by Ghirardelli Chocolate Company will be posted at www.ghirardelli.com/intensedark.
5. LIABILITY RELEASE: By participating in Campaign, customer releases, discharges, indemnifies and holds harmless Ghirardelli Chocolate Company, the National Breast Cancer Foundation, the participating retailers, and each of their respective parent companies, affiliates, subsidiaries, sales representatives, distributors and advertising and promotion agencies (including Alcone Marketing Group), as well as (as applicable) the respective officers, directors, employees, representatives and agents of each of the foregoing, from and against any claims, damages or liability due to any injuries, damages or losses to any person (including death) or property of any kind resulting in whole or in part, directly or indirectly, from the Campaign. Any dispute or claim arising out of the Campaign shall be governed by the laws of the State of California, without respect to the conflicts of law provisions of California or any other jurisdiction. Any such claim shall be brought and maintained in the federal or state courts situate in Alameda County, California; and, customer consents to the exclusive personal jurisdiction of such courts. Except where prohibited by law, customer agrees to bring any such claim individually (not as part of a class action) and agrees to waive any and all damages (such as, consequential, incidental, compensatory, punitive, indirect, special or exemplary damages) and agrees that his/her sole remedy with respect to such claim will be the return of the actual purchase price of Ghirardelli Intense Dark ™ product(s) during the Campaign Period at participating retailer(s) (assuming purchase was made). If any provision of these Terms is determined by a court of competent jurisdiction to be invalid or unenforceable, such determination shall not affect the validity or enforceability of any other provision. NBCF has not endorsed Ghirardelli’s Intense Dark™ product; Ghirardelli Chocolate Company has compensated NBCF for its participation in the Campaign.

SPONSOR:

Ghirardelli Chocolate Company
San Leandro, CA 94578