Must Have It Giveaway - Campbell’s Cream of Mushroom Soup
MUST HAVE IT
GIVEAWAY TERMS AND CONDITIONS
SPONSOR:
POPSUGAR Inc., with an address of 111 Sutter Street, 16th
Floor, San
Francisco, CA 94104 (the "Sponsor").
ELIGIBILITY:
This Giveaway is open to those who are current Must Have It
subscribers and are eighteen (18) years of age or older at the time
of entry. By participating in the Giveaway as described in these
terms and conditions (the "Giveaway Terms"), entrants represent
and warrant that they are complying with these Giveaway Terms
(including, without limitation, all eligibility requirements).
HOW TO CLAIM
A PRIZE: No purchase necessary. To claim one
(1) 10.5 oz can of Campbell's®
Cream of Mushroom Soup (each a "Gift" and collectively, the
"Prize") in connection with the Giveaway, respond to a text
message from Must Have It
with "yes", as well as your shipping and billing information, if
that has not already been inputted on your Must Have It account.
Gifts are given out on a first come, first served basis, and the
Giveaway will expire when all four hundred
and twenty (420)
Gifts are claimed. Sponsor is not responsible for any inability to
access the Giveaway or claim a Gift due to difficulty accessing the
Internet, service outage or delays, computer difficulties and other
technological problems.
PRIZE
RESTRICTIONS AND AVAILABILITY: The Prize is not for resale, has no
cash value, and will not be replaced if lost or stolen.
OTHER RULES:
This Giveaway is subject to all applicable laws and is void where
prohibited. Winner assumes all liability for any injuries or damage
caused or claimed to be caused by participation in this Giveaway or
by the use or misuse of the Prize.
If, in the
Sponsor's opinion, there is any suspected or actual evidence of
fraud, electronic or non-electronic tampering or unauthorized
intervention with any portion of this Giveaway, or if fraud or
technical difficulties of any sort (e.g., computer viruses, bugs)
compromise the integrity of the Giveaway, the Sponsor reserves the
right to terminate the Giveaway and award the Prize in its sole
discretion. Any attempt to deliberately damage the Sponsor's
website(s) or
undermine
the legitimate operation of the Giveaway may be in violation of U.S.
criminal and civil laws and will result in disqualification from the
Giveaway. Should such an attempt be made, the Sponsor reserves the
right to seek remedies and damages (including attorney's fees) to
the fullest extent of the law, including pursuing criminal
prosecution.
DISCLAIMER:
THE PRIZE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT FURTHER
WARRANTY OF ANY KIND. SPONSOR HEREBY DISCLAIMS ALL WARRANTIES,
EXPRESS, IMPLIED, OR STATUTORY INCLUDING BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE WITH RESPECT TO THE PRIZE.
LIMITATION
OF LIABILITY: BY PARTICIPATING IN THE GIVEAWAY, PARTICIPANTS, ON
BEHALF OF THEMSELVES AND THEIR HEIRS, EXECUTORS, ASSIGNS AND
REPRESENTATIVES, RELEASE AND HOLD THE SPONSOR, ITS PARENT COMPANIES,
SUBSIDIARIES, AFFILIATED COMPANIES, UNITS AND DIVISIONS, AND THE
CURRENT AND FORMER OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS,
AGENTS, SUCCESSORS AND ASSIGNS OF EACH OF THE FOREGOING, AND ALL
THOSE ACTING UNDER THE AUTHORITY OF THE FOREGOING, OR ANY OF THEM
(INCLUDING, BUT NOT LIMITED TO, ADVERTISING AND PROMOTIONAL AGENCIES
AND PRIZE SUPPLIERS) (EACH A "RELEASED PARTY"), HARMLESS FROM AND
AGAINST ANY AND ALL CLAIMS, ACTIONS, INJURY, LOSS, DAMAGES,
LIABILITIES AND OBLIGATIONS OF ANY KIND WHATSOEVER (COLLECTIVELY, THE
"CLAIMS") WHETHER KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED,
WHICH ENTRANT EVER HAD, NOW HAVE, OR HEREAFTER CAN, SHALL OR MAY
HAVE, AGAINST THE RELEASED PARTIES (OR ANY OF THEM), INCLUDING, BUT
NOT LIMITED TO, CLAIMS ARISING FROM OR RELATED TO THE GIVEAWAY OR
ENTRANT'S PARTICIPATION IN THE GIVEAWAY (INCLUDING, WITHOUT
LIMITATION, CLAIMS RELATING TO THE RECEIPT, OWNERSHIP, USE, MISUSE,
TRANSFER, SALE OR OTHER DISPOSITION
OF THE
PRIZE. All matters relating to the interpretation and application of
these Terms and Conditions shall be decided by Sponsor in its sole
discretion.
DISPUTES: As
a condition of participating in the Giveaway, participants agree that
any and all disputes that cannot be resolved between entrant and
Sponsor, and causes of action arising out of or connected with the
Giveaway or these Terms and Conditions, shall be resolved
individually, without resort to any form of
class
action, exclusively before a court of competent jurisdiction located
in the County of San Francisco in the State of California, and
entrant irrevocably consents to the jurisdiction of the federal and
state courts located in the County of San Francisco in the State of
California with respect to any such dispute, cause of action, or
other matter. All disputes will be governed and controlled by the
laws of the State of California (without regard for its
conflicts-of-laws principles). Further, in any such dispute, under no
circumstances will entrant be permitted to obtain awards for, and
hereby irrevocably waives all rights to claim, punitive, incidental,
or consequential damages, or any other damages, including attorneys'
fees, other than entrant's actual out-of-pocket expenses (i.e.,
costs incurred directly in connection with entrant's participation
in the Giveaway), and entrant further irrevocably waives all rights
to have damages multiplied or increased, if any. EACH PARTY EXPRESSLY
WAIVES ANY RIGHT TO A
TRIAL BY
JURY. All federal, state, and local laws and regulations apply.
PRIVACY:
Information collected from entrants in connection with the Giveaway
is subject to Sponsor's privacy policy, which may be found
www.popsugar.com/privacy.
BY
PARTICIPATING, YOU AGREE THAT YOU HAVE READ AND AGREE TO THESE TERMS
AND CONDITIONS.