Terms and Conditions - GIVEAWAY OFFICIAL RULES 9/13/2018
Halloween Decorating Kit
OFFICIAL RULES 9/13/2018
NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. THE ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ENTRIES RECEIVED. VOID WHERE PROHIBITED BY LAW.
These are the Official Rules of the Halloween Decorating Kit (“Sweepstakes”). By entering or attempting to enter the Sweepstakes, you are deemed an “Entrant” and affirm that you have read, understand and agree to be bound by these Official Rules and their requirements, conditions and limitations. Agreement to and compliance with these Official Rules is a condition of winning a prize.
- Sponsor. This Sweepstakes is offered, sponsored, and administered by Really Good Stuff, LLC, 5 Research Drive, Suite 150, Shelton, Connecticut 06484, phone 203-261-1920 (“Sponsor”).
- Entry Period. The Sweepstakes begins on September 24, 2018 at 12:00 AM EST, and ends on October 1, 2018 at 11:59 PM EST (“Entry Period”). To be valid, entries must be received by Sponsor during the Entry Period.
- Eligibility. To be eligible to win a prize, an Entrant must, at the time of entry: (a) be a legal resident of a United States state or territory ;(b) be 18 years old or have reached the age of majority in the state of residence; and (c) NOT be (i) an employee, officer, director or agent of Sponsor, Sponsor’s parent, grandparent, subsidiary or affiliate companies, or any other company involved in the sponsoring, promotion or administration of the Sweepstakes (“Released Parties” or, individually, “Released Party”), (ii) a Released Party’s immediate family member (parents, siblings, children and their respective spouses, whether biological, step or in-law, and regardless of residency), or (iii) an individual residing at least three months out of the year in the same household as a Released Party or a Released Party’s immediate family member, whether or not related. Agreement to and compliance with these Official Rules is also a requirement of Eligibility.
- How to Enter. No purchase is necessary to enter. A purchase does not increase the odds of winning. All winners are subject to verification of satisfaction of eligibility requirements. This Sweepstakes is being conducted through Facebook and Instagram. Visit Sponsor’s Facebook page, found at Spangler Science or Sponsor’s Instagram page, found at stevespanglerscience, and locate Sponsor’s post featuring the Sweepstakes (“Sweepstakes Post”). To enter, you must (1) “like” the Sweepstakes Post, and (2) Comment on the Sweepstakes Post by answering one of the following questions:
- What is your favorite way to celebrate Halloween?
- What party trick are you most excited about in the Halloween Decorating Kit?
Comments or likes of other posts or pages, or of others’ comments will not constitute a valid method of entry. Limit one (1) entry per Facebook account and/or Instagram account (total limit of two (2) entries per person). Entries generated by a robotic, programmed, script, macro or other automated means will be disqualified.
- Alternate Method of Entry. For an alternate method of entry, you may send your name, address, phone number to Sponsor by email at [email protected]SteveSpangler.com, or by U.S. Mail, postage prepaid, to Really Good Stuff, 5 Research Drive, Shelton, CT 06484 Attention: Halloween Decorating Kit Giveaway. To be valid, alternative method of entry must be received during the Entry Period.
- Odds of Winning. The odds of winning a Prize depends on the total number of eligible entries received during the Entry Period corresponding to the drawing for that Prize.
- Prizes. One (1) prize will be awarded: Halloween Decorating Kit, having an approximate retail value of $49.99.
The following general conditions apply to the Prize(s): (a) Allow 4-6 weeks for the delivery of any Prize unless otherwise notes; (b) Prizes are awarded “as-is” and without warranty of any kind, express of implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose) and Prize Winner responsible for the safe and appropriate use of Prize by his/herself or by any others in his/her care; (c) Sponsor reserves the right to substitute a prize of equal or greater value if all or part of the advertised Prizes are unavailable or cannot reasonably be provided for any reason; (d) Prizes may not be substituted by Prize Winner, redeemed for cash value, or transferred by Prize Winner to any third party; (e) Gift cards are subject to the terms of the issuer; (f) If any Prize is lost, destroyed, or stolen it will not be replaced; and (g) Prize Winner is solely responsible for all federal, state, and/or local taxes, and for any other fees or costs associated with the use, acceptance or possession of any Prize. An IRS form 1099 will be filed in the name of the winner for the retail value of any prize valued at $600.00 or higher.
- Winner Selection. Valid entries received within the Entry Period will be entered in a random drawing, to take place on October 2, 2018, at or about 12:00 PM, EST. The drawing to select prize winners will be conducted by Sponsor. All entries selected in the drawing are potential winning entries, and the persons identified in the potential winning entries are potential prize winners, until Sponsor’s verification of eligibility and compliance with these Official Rules, including the signing of a Publicity Release in a form of Sponsor’s choosing. Sponsor’s decisions will be final and binding without the right of appeal in all matters pertaining to the administration and operation of the Sweepstakes, including the selection and verification of prize winners.
- Notification of Winner: Sponsor will attempt to contact potential prize winners via private message on Facebook and/or Instagram, through the Facebook or Instagram account that Entrant made his or her Entry. Three (3) contact attempts will be made within a 72-hour period following the drawing (“Winner Selection Period”). If Sponsor does not make contact with, and verify eligibility of, a potential prize winner within the Winner Selection Period, the prize will be forfeited. Sponsor will randomly select an alternate potential prize winner from the remaining pool of eligible entries and the process will be repeated until all Prizes are awarded.
Potential prize winners will be contacted via the contact information provided at the time of entry. Potential prize winners are solely responsible for (a) providing current, accurate contact information as requested by these Official Rules; (b) confirming Sponsor receives any updated or corrected contact information in the event of any changes; and/or (c) verifying ability to receive communications from Sponsor which, as applicable, would include allowing phone call from an unlisted/blocked number, adjusting email spam filters, enabling messaging through social media providers like Facebook and Instagram. Forfeiture of any prize and the selection of an alternate prize winner may result from any of the following, which shall be at the sole discretion and judgment of Sponsor: (a) failure, for any reason, to make contact with Sponsor within the Winner Selection Period; (b) failure to provide Sponsor with satisfactory proof of eligibility (including age, identity, and residence); or (c) failure to comply with any component of these Official Rules.
- Entrant’s Grant of Rights. By entering or attempting to enter the Sweepstakes, each Entrant consents to Sponsor contacting Entrant through the contact information provided. By accepting a Prize, Prize Winner (i) grants Sponsor (and, at Sponsor’s choosing, its designee) a non-revocable, perpetual, worldwide, non-exclusive, fully paid license to use, copy, sublicense, transmit, distribute, publicly perform, publish, delete, modify, edit, display the Entry, or any portion thereof or otherwise use the submission, in whole or in part, Prize Winner’s name, place of residence, Prize won, photograph, video, likeness, statement and/or Entry, for advertising, marketing and publicity purposes in any media known or hereafter devised, including on the internet, print catalog, email and social media, without additional notice, permission, or compensation, waiving all moral and publicity rights. Prize Winner agrees to execute any documents requested by Sponsor to formalize this grant of rights.
- Content: Originality and Permissions. Each Entry must be the original work of the Entrant and may not have previously been used in connection with any other sweepstakes, including this Sweepstakes or others involving Sponsor. Entrant is responsible for obtaining all necessary permissions, and all releases and consents necessary to permit the use and exhibition of the Entry by Sponsor in the manner set forth in these Official Rules, including, without limitation, name and likeness permissions from any person who appears in or is identifiable in the Entry. Sponsor reserves the right to request proof of these permissions in a form acceptable to Sponsor from any Entrant at any time. By submitting an Entry, Entrant warrants and represents that he/she and any persons appearing or who are identifiable in the Entry consent to the use of Entry as set forth herein.
- Prohibited Content. The following actions are not authorized, encouraged or sponsored by Sponsor and are prohibited: (a) unauthorized use of any third party’s name, image, likeness, and/or intellectual property, including but not limited to copyrights and trademarks, (b) any tortious act, libel, defamation and/or violation of rights of privacy or publicity of a third party; (c) use of words, statements or images considered, in Sponsor’s sole and absolute discretion, to be unlawful, sexually explicit, inconsistent with values of Sponsor, harassing, abusive or offensive to individuals of any race, ethnicity, gender, religion, family status, sexual orientation, or other class of persons; or (d) statements concerning third party products, made in comparison to Sponsor’s products or otherwise, in connection with this Sweepstakes. Sponsor reserves the right to disqualify and/or remove any Entry that in Sponsor’s sole discretion and judgment violates these prohibitions.
- Facebook or Instagram Account. Each Entry must be made with a valid and active personal Facebook or Instagram account. An Entrant’s Facebook or Instagram account must be able to receive messages from Sponsor during the Entry Period and the Winner Selection Period. Entrant’s participation in the Sweepstakes must comply with Facebook and/or Instagram’s Terms of Service, as applicable.
- No Affiliation. This Sweepstakes is not sponsored, endorsed, or administered by or associated with Facebook, Inc., Instagram, Inc., or any third party manufactures of prize items (“Prize Manufacturers”), nor are Prize Manufacturers, Facebook, or Instagram associated with the Sweepstakes in any way. Any questions, comments or complaints regarding the Sweepstakes should be directed to Sponsor, and not to Facebook, Instagram, or Prize Manufacturers.
- Release. By participating in or attempting to participate in the Sweepstakes, Entrant agree to release, discharge, indemnify, defend, and hold harmless, Sponsor, its parents, subsidiaries, affiliates, successors, designees, and each of their respective officers, directors, members, employees and agents, (“Released Parties”) from and against any and all demands, claims, liability, costs, attorneys’ fees, losses, damages, or cause of action, including, without limitation, personal injury, death, or damage to or loss of property, arising out of or relating to, in whole or part, directly or indirectly, from (a) decisions made in the administration of the Sweepstakes and enforcement of these Official Rules, (b) Entrant’s participation or attempted participation in the Sweepstakes; (c) the acceptance, possession, misuse, use, or award of any Prize awarded in the Sweepstakes, and/or (d) any and all claims based on any Entry, including but not limited to any claim of defamation, libel or violation of any intellectual property interest or any publicity, moral or privacy right.
- Limitation of Liability. Sponsor is not responsible for errors, omissions, interruptions, deletions, defects, delays in operation or transmission, theft or destruction, or unauthorized access to or alterations of entry materials or Sponsor’s website or social media accounts, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions of any kind, or inaccurate transmission of, or failure to receive entry information by Sponsor for any reason. Sponsor is not responsible for injury or damage to Entrant’s or to any other person’s mobile device, computer, or other electronic device related to or resulting from participating in this Sweepstakes. IN NO EVENT WILL SPONSOR, RELEASED PARTIES, PRIZE PROVIDERS, OR THEIR RESPECTIVE PARENTS, AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, SUCCESSORS, AND/OR ASSIGNS BE LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING INDIRECT, INCIDENTAL, LOST PROFITS, CONSEQUENTIAL, OR PUNITIVE, OR OTHER DAMAGES, INCLUDING ATTORNEYS’ FEES.
- Disputes; Class Action Waiver; Limitations. BY PARTICIPATING OR ATTEMPTING TO PARTICIPATE IN THE SWEEPSTAKES, ENTRANT AND SPONSOR AGREE that all disputes, claims or causes of action arising out of or relating to the Sweepstakes or the Parties’ relationship with respect thereto shall be resolved (a) individually, without resort to any form of class action; (b) exclusively, in the State or Federal Courts located in Fairfield County, Connecticut; (c) based solely on Connecticut substantive law, without application of conflict of laws principles; (d) in a trial to the court. PLEASE BE ADVISED: ENTRANT IS GIVING UP THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM AGAINST SPONSOR. ENTRANT IS EXPRESSLY WAIVING THE RIGHT TO TRIAL BY JURY. ENTRANT IS CONSENTING TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE FEDERL AND STATE COURTS LOCATED IN FAIRFIELD COUNTY, CONNECTICUT. ENTRANT FURTHER AGREES THAT ANY SUCH CAUSE OF ACTION MUST BE FILED WITHIN ONE (1) YEAR OF THE CONCLUSION OF THE ENTRY PERIOD OR BE FOREVER BANNED.
- Additional Terms. This Sweepstakes is void where prohibited by law. All entries, requests and/or materials submitted become the property of Sponsor and will not be returned or acknowledged. Sponsor reserves the right to cancel, suspend, delay, and/or modify the Sweepstakes, or any part of it, in any manner deemed appropriate by Sponsor, due to any act of God, war, or terrorism, natural disaster, weather, fraud, technical, software or hardware failure or malfunction, or if any other factor impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor in its sole and absolute discretion. Entries generated by a robotic, programmed, script, macro or other automated means will be disqualified. Any attempt by any person to undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law.
Copyright © 2018 Really Good Stuff, LLC. All rights reserved. Really Good Stuff and the associated logos are the registered trademarks of Really Good Stuff, LLC. Any other trademarks in these Official Rules are the properties of their respective owners.