Must Have Throwback Thursday Giveaway – Terms and Conditions
NO PURCHASE NECESSARY TO ENTER OR WIN. MAKING A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ENTRIES RECEIVED. VOID WHERE PROHIBITED BY LAW OR WHERE BONDING, REGISTRATION, OR OTHER REQUIREMENTS EXIST BUT HAVE NOT BEEN MET. BY ENTERING THIS CONTEST, YOU AGREE TO THESE TERMS AND CONDITIONS, WHICH ARE A CONTRACT—READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES A RELEASE FROM YOU, AND A LIMITATION OF CERTAIN OF YOUR RIGHTS AND REMEDIES.
The "Must Have Throwback Thursday Giveaway" (the "Contest") is sponsored by POPSUGAR Inc., having a corporate address of 111 Sutter Street, 14th Floor, San Francisco, California 94104 (the "Promoter"). Entrant's ("your," "you," or "entrant") registration and participation in the Contest shall be governed by the terms and conditions contained herein (the "Ts&Cs"). The Contest is subject to all applicable laws and regulations and is void where prohibited.
TERMS AND CONDITIONS:
1. This Contest is open to legal residents physically residing in the fifty (50) United States, excluding Arizona, aged 18 or over, or who meet the relevant jurisdiction's minimum age requirement, excluding employees of Promoter and their immediate families, household members, agents or anyone else professionally connected with this Contest. Winner(s) may be required to furnish proof of identity, address, and birth date in order to receive a prize.
2. Contest Period: Enter the start and end time periods outlined below. The Promoter's computer is the official time-keeping device for the Contest.
Event Timeline Pacific Standard Time
Start of Campaign: Thursday, March 26, 2015, 09:00 AM
End of Campaign: Friday, March 27, 2015, 9:00 AM
3. Entry: To enter, complete the following during the Contest Period, in order to be entered into the Contest: Comment using your Facebook account where prompted on the POPSUGAR Must Have's Facebook page located at Facebook.com/POPSUGARMustHave with a favorite Must Have box memory that references a product from one of our Must Have boxes and how you used it or how it made you feel.
4. By entering this Contest you agree to be bound by these Ts&Cs.
5. By submitting an entry in the Contest, entrant confirms and warrants that his/her entry is original to the entrant and does not contain any material that would violate or infringe upon the rights of any third party, including all copyright and rights in the nature of copyright, trademarks, and rights of privacy or publicity ("Rights"), in the entry and acknowledges and agrees that Promoter will own all such Rights. The entrant must be able to provide on request all appropriate clearances, permissions, and releases for the entry, and in the event that entrant cannot provide all required releases, Promoter reserves the right in its sole discretion, to disqualify the applicable entry or seek to secure the releases and clearances for Promoter's benefit. Each entrant therefore hereby irrevocably grants, transfers, sells, assigns, and conveys to Promoter and its successors and assigns, all Rights of whatsoever kind in and to the entry for exploitation throughout the universe, in perpetuity, by means of any and all media and devices whether now known or later devised. Promoter shall have the right, in its sole discretion to edit, composite, morph, scan, duplicate, or alter the entry for any purpose which Promoter deems necessary or desirable and entrant hereby waives all moral rights in the entry and any similar rights elsewhere in the world. Each entrant hereby acknowledges he/she does not reserve any rights in his/her entry.
6. Maximum of one (1) entry into the Contest per person, per household, and per email address. Only one Facebook account per email address is permitted. Entrants must not use multiple Facebook accounts to enter the Contest, and any such entries will be disqualified. If you do not have an Facebook account, one may be opened free of charge at www.Facebook.com.
7. No purchase is necessary to participate in this Contest. Odds of winning will depend on how many entries are received.
8. Prize(s): Five (5) winners will each win the following: (a) Supergoop Sunscreen; (b) Swell Bottle; (c) Kendra Scott Earrings; (d) Cuyana Towel (White/Blue). Total approximate retail value of each prize is $184 USD. Prizes will be delivered to confirmed winner's valid email or U.S. mailing address. The value of any gift cards or certificates provided is less any applicable activation, transaction, or maintenance fees and subject to certain fees, terms, conditions, and restrictions, which will be disclosed on the gift card. Promoter is not responsible if the gift card is lost, stolen, destroyed, or used without permission, and the gift card will not be replaced. Any third party prize entities have not sponsored this Contest in any way.
9. There is no cash alternative in whole or in part for the Prize, and the Prize is non-transferable and non-exchangeable. There will be no refund for unused portions of the Prize. No compensation or alternative to the Prize will be offered due to inability to attend, claim or use the Prize or due to any delay on the part of winner(s); provided, however that Promoter reserves the right to substitute a prize of equal or greater monetary value for any Prize. In no event shall the Promoter be obligated to award more prizes than the number of Prize(s) stated in these Ts&Cs.
10. Winner Selection: Each winner will be selected from all eligible entries received during the Contest Period based on creativity (25%), uniqueness (25%), relevance (25%) and completeness (25%) of the entrant's submission for consideration in the Contest. The top five (5) winning entries will be chosen by a neutral panel of POPSUGAR employees. Winners shall be the person whose Facebook account was used to submit the winning entries into the Contest, and an entry will be deemed to have been submitted by the person in whose name the Facebook account is registered. Promoter reserves the right to deliver Prize(s) directly to the email and/or mailing address provided by an entrant in his or her entry to the Contest.
11. Winner notification: The winner(s) will be contacted by Facebook Message after the end of the Contest Period. Each winner will be required to do the following as qualifying criteria of the Contest that must be met in order to receive the Prize: (a) respond to Promoter within five (5) business days of initial contact to confirm eligibility; and (b) sign a declaration of eligibility and liability and publicity release form and (c) return it to Promoter within five (5) business days of receipt. If a winner fails to complete either of the foregoing qualifying criteria, such winner may be disqualified and an alternative winner may be selected. Other restrictions may apply, and an entrant or winner may be disqualified from the Contest if he or she fails to comply with any provision of these Ts&Cs as determined in Promoter's sole discretion.
12. Winner(s) shall be responsible and liable for all federal, state, and local taxes on the value of their prize. If required by Promoter, the winner must complete and return to Promoter an IRS Form W-9 that reflects winner's Taxpayer Identification Number or Social Security Number. The winner(s) may receive from Promoter an IRS form 1099-MISC at the end of the calendar year, and a copy of such form will also be filed with the Internal Revenue Service.
13. Unless prohibited by applicable law, the acceptance of the Prize by the winner(s) constitutes the winner's permission for Promoter to use winner's name, address, biographical information, and testimonials for advertising and/or publicity purposes in connection with this Contest only, worldwide, and in all forms of media now known or hereafter developed, in perpetuity, and without further compensation.
14. Winner(s) publication: The names and locations of confirmed winner(s) will be available for one (1) year after the end of the Entry Period by sending a request to the Promoter address at the end of these terms.
15. Normal time, toll, connection, and usage rates, if any, charged by your Internet Service Provider may apply.
17. Neither Facebook, Instagram, nor Twitter endorse, administer, or are associated with, this Contest. Entrants hereby release Facebook, Instagram, and Twitter from all responsibility and liability in respect of the Contest.
18. Incomplete, illegal, misdirected or late entries, or entries not in accordance with these Ts&Cs, will not be accepted. Proof of sending will not be accepted as proof of delivery. Releasees (defined below) take no responsibility for entries delayed, incomplete, illegible, unintelligible, misdirected, damaged or lost due to technical reasons or otherwise.
19. Promoter reserves the right, in its sole discretion, to disqualify any individual or void any entry or Prize award to any entrant who corrupts or affects the administration, security, fairness, integrity or proper conduct of the Contest or is otherwise in violation of any law or of these Ts&Cs. This includes, for example, the use of computer 'script,' 'macro,' or 'brute force,' masking identities by manipulating IP addresses, or using any automated means in order to increase entries into the Contest in a manner that is not consistent with the spirit of the Contest.
20. If, for the reasons set forth in Section 16, or other reasons outside the reasonable control of the Promoter, the Contest cannot be run or administered as planned, Promoter reserves the right to cancel, modify or suspend the Contest (subject to any written directions given under applicable law), and Promoter shall post a notice on the Contest entry page to such effect. Promoter further reserves the right, in its sole discretion, to modify, cancel, or suspend this Contest for any reason that Promoter believes in good faith is fair to the entrants.
21. Decisions of Promoter are final and binding with respect to all matters related to the Contest. If an act, omission, event or circumstance occurs which is beyond the reasonable control of the Promoter and which prevents the Promoter from complying with these Ts&Cs, the Promoter will not be liable for any failure to perform or delay in performing its obligation.
22. Participation in the Contest is at entrant's own risk. By receipt of any Prize, the applicable winner(s) agrees to indemnify, release, reimburse, and hold harmless Facebook, Instagram, and Twitter and its respective partners, subsidiaries, affiliated entities, employees, directors, officers, agents, or representatives (collectively, "Releasees") from any liability resulting in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of any Prize or participation in this Contest or any Contest-related activities to the extent permitted by law.
23. Releasees do not make any, and hereby disclaim any and all, representations or warranties of any kind regarding any Prize, including any warranty of fitness or merchantability, or representation with respect to the function or operation of the Prize.
24. Releasees shall not be liable for any electronic miscommunications or failures, nor technical hardware or software failures of any kind with respect to the Prize or the Contest.
25. Entrants shall understand and agree that all rights under Section 1542 of the Civil Code of California ("Section 1542") and any similar law of any state or territory of the United States that they may have with respect to the release provisions herein are hereby expressly and forever waived. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM/HER MUST HAVE MATERIALLY AFFECTED HIS/HER SETTLEMENT WITH THE DEBTOR.
26. Entrant(s) and winner(s) have been given a full opportunity to review and analyze these Ts&Cs and fully and completely understand all of the terms of these Ts&Cs. Entrant(s) and winner(s) acknowledge and agree that this is a complete RELEASE and DISCHARGE of all claims and rights against the Releasees, and that no action will be taken by or on behalf with respect to any such claims or rights, it being understood that this release shall be binding upon entrant(s)' and/or winner(s)' heirs, executors, and administrators, and anyone claiming by or through entrant(s) or winner(s).
27. This Contest shall be governed by California law without regard to its conflicts of laws provisions. By participating in this Contest, entrants hereby irrevocably consent to exclusive jurisdiction and venue in the state and federal courts of San Francisco, California for any dispute or litigation arising from or relating to this Contest.
Promoter: POPSUGAR Inc., having a corporate address of 111 Sutter Street, 14th Floor, San Francisco, California 94104.