Terms:

CupcakeStop.com New Flavor Contest (Updated May 2, 2009):

No purchase necessary. Void where prohibited by law. Submit a new flavor for a chance to win the CupcakeStop.com New Flavor Contest. Enter by logging on to www.CupcakeStop.com, clicking on the "Menu” page ink and provide our name, contact phone/email and new flavor suggestion. One new winner will be selected monthly. The CupcakeStop.com contest IS OPEN ONLY TO THOSE LEGAL RESIDENTS OF THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA 18 YEARS OF AGE OR OLDER AS OF DATE OF ENTRY AND WHO MEET THE ELIGIBILITY REQUIREMENTS DETAILED BELOW. The sponsor of this Contest is CupcakeStop.com LLC, (the "Sponsor"). The Contest shall be subject to these Official Rules, and by entering, all entrants agree to be bound by the terms and conditions herein. TO ENTER BY INTERNET: You may enter via the Internet by logging onto www.CupcakeStop.com, clicking on the "Menu" page link, and completing the New Flavor Suggestion form. You will be asked to provide your name, e-mail address and new flavor suggestion.

(A LIMIT OF ONE (1) ENTRY VIA THE SITE PER VALID E-MAIL ADDRESS/PERSON WILL BE ACCEPTED DURING THIS CONTEST. ALL ENTRIES ON THE ENTRY SITE MUST BE RECEIVED BY 11:59 PM (EASTERN TIME) ON THE LAST DAY OF EACH MONTH.

The Sponsor and any and all Internet server(s) and access provider(s) (collectively, "Promotion Entities"), and each of their respective affiliates, subsidiaries, parent corporations and advertising and promotional agencies, and all of their officers, directors, shareholders, employees and agents (collectively with the Promotion Entities, the "Releasees".) are not responsible for: any incorrect or inaccurate entry information; human errors; technical malfunctions; failures, omissions, interruptions, deletions or defects of any telephone network, computer online systems, computer equipment, servers, providers, or software, including without limitation any injury or damage to participant's or any other person's computer relating to or resulting from participation in the Contest; inability to access the Entry Site; theft, tampering, destruction, or unauthorized access to, or alteration of, entries; data that is processed late or incorrectly or is incomplete or lost due to telephone, computer or electronic malfunction or traffic congestion on telephone lines or the Internet or any web site (including the Entry Site) or for any other reason whatsoever; printing or other errors; any entries which are late, lost, incomplete, misdirected, stolen, mutilated, illegible, or any combination thereof. Illegible and incomplete entries will be disqualified. All entries become the property of the Sponsor and will not be acknowledged or returned. False, multiple submissions per individual, fraudulent or deceptive entries or acts shall render entrants ineligible.

By entering the Contest, entrants affirm that they have read and accepted these Official Rules. The Sweepstakes shall be governed by and construed in accordance with the laws of the United States. By entering the Contest, entrants hereby submit to the jurisdiction and venue of the federal and state courts of the United States and waive the right to have disputes arising out of the subject matter hereof adjudicated in any other forum. WINNER SELECTION: One winner will be selected monthly and their original cupcake flavor will be added within 30 days to the CupcakeStop.com menu. The winner will be notified by e-mail, and/or telephone within two weeks of this date. The winner will be required to pick up the 100 Free mini-cupcakes at the Cupcake Stop Truck at a date and time set between himself/herself and Cupcakestop.com. Prizes are not transferable, assignable, or redeemable for cash. If necessary due to unavailability of a prize, a prize of equal or greater value will be awarded at the sole discretion of the Sponsor. All Sponsor decisions are final. Limit one (1) prize per household. All prizes are awarded "as is" with no guarantee, either express or implied. No more than the advertised number of prizes will be awarded.

ELIGIBILITY: Sweepstakes open only to legal residents of the 50 United States and the District of Columbia, 18 years of age or older as of date of entry.

GENERAL: Entrants release and waive any claims they may have against Releasees for any and all injuries, claims, damages, losses, costs, or expenses of any kind (including without limitation attorney's fees) resulting from acceptance, use, or misuse of any prize or parts thereof, or participation in this Contest. If for any reason, this Contest is not capable of running as planned, or if this Contest or any web site associated therewith (or any portion thereof) becomes corrupted or does not allow the proper playing of the Contest and processing of entries in accordance with these rules, or if infection by computer virus, bugs, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes, in the Sponsor's sole opinion, corrupts or affects the administration, security, fairness, integrity, or proper conduct of this Contest, The Sponsor reserves the right, at its sole discretion, to disqualify any individual implicated insuch action and/or to cancel, terminate, modify, or suspend this Contest or any portion thereof. Any attempt by an entrant or any other individual to deliberately damage any web site or undermine the legitimate operation of the Contest is a violation of criminal and/or civil laws and should such an attempt be made, the Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. Where a dispute arises about who submitted an on-line new flavor entry, the entry will be deemed submitted by the authorized account holder of the e-mail account entered. The authorized account holder is deemed the natural person who is assigned to an e-mail address by an Internet access provider, service provider, or other online organization that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. A potential winner may be requested to provide the Sponsor with proof that the potential winner is the authorized account holder of the e-mail address associated with the winning entry and that all eligibility requirements are met.

New Flavor Suggestion Entries become the property of the Sponsor (CupcakeStop.com LLC) and will not be acknowledged or returned. See Ownership Rule below for further details of ownership and use of Entries.

OWNERSHIP RULE AND USE OF ENTRIES:
By entering this Contest, and to the extent allowed by law entrants acknowledge and agree that all Entries shall become the sole and exclusive property of Sponsor and that Sponsor shall be free to make whatever use of the Entries as Sponsor shall, in its sole discretion, determine, without further compensation to Entrants. Entrants hereby assign to the Sponsor all rights including without limitation copyright, trade marks, design rights and any other rights (whether registered or unregistered) in their entry whether known or created in the future. Entrants agree to execute all such documents as may be required to assign the rights in the entries to the Sponsor at any time. Notwithstanding the foregoing to the extent that an assignment is not permissible by law in a particular jurisdiction entrants grant Sponsor and its affiliates, licensees, promotional partners, developers, and third party marketing entities a royalty-free exclusive license to edit, modify, cut, rearrange, add to, delete from, copy, reproduce, translate, adapt, publish, exploit, and use Entries themselves and the content of and elements embodied in the Entries, in perpetuity in any and all media, including but not limited to digital and electronic media, (whether now existing or hereafter devised), in any language, throughout the world, and in any manner, for trade, advertising, promotional, commercial, or any other purposes without further review, notice, approval, consideration, or compensation. Except where prohibited by law, each entrant waives and releases Sponsor and its affiliates, licensees, promotional partners, developers, and third party marketing entities from any and all claims that each entrant may now or hereafter have in any jurisdiction based on "moral rights" or unfair competition with respect to Sponsor's exploitation of Entries without further notification or compensation to entrants of any kind, and agrees not to instigate, support, maintain, or authorize any action, claim, or lawsuit against Sponsor and its affiliates, licensees, promotional partners, developers and third party marketing entities or any other person in connection with this Promotion, on the grounds that any use of any Entry, or any derivative works, infringe or violate any rights of any entrant and/or any participant therein. By submitting a New Flavor Suggestion, the entrant has expressly understood and agreed to the aforementioned terms.