Official Sweepstakes Rules and Regulations
NO PURCHASE OR PAYMENT IS NECESSARY. OPEN ONLY TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA, 18 YEARS OF AGE OR OLDER AT THE TIME OF ENTRY. VOID WHERE PROHIBITED BY LAW.
By entering the Everything But The House Cinco de Mayo Instagram Giveaway Sweepstakes (the “Sweepstakes”), entrants agree to be bound by these Official Sweepstakes Rules and Regulations (the “Official Rules”). The Sweepstakes commences at 12:01 a.m. Eastern Daylight Time (“EDT”) on April 25, 2016 and ends at 11:59 p.m. EDT on May 5, 2016 (the “Sweepstakes Period”). The Website (defined below) clock is the official timekeeper for this Sweepstakes.
Sponsor. The Sweepstakes is sponsored by Everything But The House, Inc., 4650 Wilmer Avenue, Cincinnati, OH 45226.
Eligibility. The Sweepstakes is open only to legal residents of the 50 United States and the District of Columbia who are at least eighteen (18) years old at the time of entry. The Sweepstakes is not open to: (1) employees, independent contractors, officers, and/or directors of Sponsor, and Sponsor’s respective parent, related, affiliated and/or subsidiary companies, advertising, promotion and fulfillment agencies or legal advisors and their respective officers, directors, agents, employees and assigns (collectively, “Released Parties”) or (2) the immediate family members of, and persons living in the same household as, any of the Released Parties. “Immediate family” is defined as parents, siblings, children or spouse. All United States federal, state and local laws apply.
How to Enter. During the Sweepstakes Period, follow @EBTHofficial on Instagram and tag one person on a @EBTHofficial post . Each person that follows @EBTHofficial and tags at least one person during the sweepstakes period will automatically receive one (1) entry into the Sweepstakes.
Limit: One (1) entry per individual regardless of how many people are tagged in the post.
Multiple entrants are not permitted to share the same email address. Any attempt by any entrant to obtain more than the stated number of entries by using multiple or different email addresses, identities, registrations and logins, or any other methods will void that entrant’s entries and that entrant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected entries, which will be disqualified. In the event of a dispute as to any entry, the authorized account holder of the email address used to register on the Website or enter via email will be deemed to be the entrant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Potential winners may be required to show proof of being the authorized account holder.
Random Drawings and Odds of Winning. Within fifteen (15) days of the end of the Sweepstakes Period, Sponsor will select the name of the one (1) potential Sweepstakes Winner in a random drawing from among all eligible entries received in the Sweepstakes. Potential Prize Winners (sometimes, individually referred to below as “Winner” and collectively as “Winners”) will be notified by Instagram direct message by May 10, 2016. Sponsor’s decisions shall be final in all matters pertaining to this Sweepstakes. Odds of winning depend on the number of eligible entries received during the Sweepstakes.
Prizes. Sponsor will award a total of one (1) Sweepstakes Prizes (1 Winner). Each Sweepstakes Winner will receive a $100 “Everything But The House” gift card to redeem on the Website and one (1) Heidi Anderson ceramic pot. Approximate retail value (“ARV”): $160. Total ARV of the Daily Sweepstakes Prizes: $160.
Note that a Winner of the Sweepstakes is not eligible to win a second instance nor is his/her spouse, parent, child or any individual who resides in a Winner’s household.
Entrants should regularly check their spam filters and email messages to ensure they do not contain any important Sweepstakes notifications. Each Sweepstakes Prize Winner will be required to provide a valid email address for prize fulfillment within seven (7) days of notification or attempted notification of being a potential Winner, or an alternate potential Winner may be selected. Sponsor reserves the right, in its sole discretion, to disqualify and randomly select an alternate potential Winner in the event that: (a) a potential Winner is unreachable; (b) a Prize notification email is returned as undeliverable or is not responded to; © failure to provide Sponsor with satisfactory proof of age, identity and residency; (d) a potential Winner declines acceptance of the Prize; or (e) if in Sponsor’s determination, a potential Winner has not complied with these Official Rules. All Prizes will be awarded provided there are a sufficient number of eligible entries; however, Sponsor will make no more than three (3) attempts to award a Prize. If after three (3) such good faith attempts, Sponsor is unable to award a Prize; the Prize will not be awarded. Sponsor has no responsibility for a Winner’s inability to accept or utilize a Prize.
Each Winner will be required to sign an Eligibility Affidavit and Publicity Release form provided by Sponsor to claim his/her Prize. Acceptance of the Prizes shall constitute the Winners’ agreement and consent to Sponsor’s and its designees’ use of any winner’s name, city, state, likeness, photo (including, without limitation, Facebook, Twitter or Instagram profile photo), and/or prize information in connection with this Sweepstakes for promotional, advertising or other purposes, in any manner, worldwide, in any and all media now known or hereafter devised, including the Internet, without limitation and without further payment, notification, permission or other consideration, except where prohibited by law.
The prizes are non-assignable and non-transferable, and are not redeemable, exchangeable or substitutable for cash. Federal, state and local taxes are the responsibility of the Winners. No prize substitution allowed except at the sole discretion of the Sponsor who may substitute a prize of equal or lesser value.
Sponsor will collect, use, and disclose the personal information you provide when you enter the Sweepstakes solely for the purposes of administering the Sweepstakes and fulfilling prizes, and by entering this Sweepstakes you consent to the collection, use, disclosure and management of your personal information for said purposes. Unless you indicate that you do not wish to receive newsletters and email from Sponsor, you may also receive newsletters and email from Sponsor and/or Sponsor’s marketing partners regarding products and services and other information that might be of interest to you.
Participation. Participation in the Sweepstakes constitutes an agreement by each entrant to comply with these Official Rules. These Official Rules will be posted on the Website between April 25, 2016 and May 10, 2016.
General Conditions. Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend the Sweepstakes should any computer virus, bugs or other technical difficulty or other causes beyond the control of the Sponsor or Released Parties corrupt the administration, security or proper play of the Sweepstakes. Sponsor also reserves the right, in its sole discretion, to cancel, modify or suspend the Sweepstakes at any time and for any reason, or for no reason. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately 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. Only the type and quantity of prizes described in these Official Rules will be awarded.
Limitations of Liability. By entering the Sweepstakes, you agree that: (1) any and all disputes, claims, and causes of action arising out of or in connection with the Sweepstakes, or any prize awarded, shall be resolved individually without resort to any form of class action; (2) any claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes, but in no event attorney’s fees; and (3) under no circumstances will you be permitted to obtain any award for, and you hereby waive all rights to claim, punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than damages for actual out-of-pocket expenses.
BY PARTICIPATING IN THIS SWEEPSTAKES, ENTRANTS AGREE THAT SPONSOR AND THE RELEASED PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY ENTRANTS AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE, OR USE OF A PRIZE, ENTRY, OR PARTICIPATION IN THIS SWEEPSTAKES OR IN ANY SWEEPSTAKES-RELATED ACTIVITY, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY, ACCESS TO AND USE OF ANY INTERNET SITE ASSOCIATED WITH THIS SWEEPSTAKES OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM THE WEBSITE, OR MERCHANDISE DELIVERY. SPONSOR AND THE RELEASED PARTIES ARE NOT RESPONSIBLE IF ANY PRIZE CANNOT BE AWARDED DUE TO ACTS OF GOD, ACTS OF WAR OR TERRORISM, NATURAL DISASTERS OR WEATHER EVENTS.
Warranty Disclaimer. The Prizes are awarded “AS IS”. Except as otherwise provided in these Official Rules, Sponsor makes no warranties, representations or guarantees, express or implied, in fact or in law, respecting the performance or use of a prize, including, without limitation, quality, merchantability, and fitness for a particular purpose. Further, no responsibilities are accepted for any additional expenses, omissions, delays, re-routing, or acts of any government or authority.
Construction. Sponsor shall be the sole interpreter of these Official Rules. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of any entrant vis-à-vis Sponsor, shall be governed by, and construed in accordance with the laws of the State of Ohio, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of Ohio, or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Ohio. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and be construed in accordance with their terms as if the invalid or illegal provision was not contained herein.
General Release. By entering the Sweepstakes, you release and discharge Sponsor and the Released Parties from any liability whatsoever in connection with the Sweepstakes, your participation in the Sweepstakes, or with the acceptance, possession, use or misuse of any prize including, without limitation, legal claims, costs, injuries, losses or damages, demands or actions of any kind (including, without limitation: personal injuries; death; damage to, loss or destruction of property; rights of publicity or privacy; and defamation or portrayal in a false light). Sponsor and the Released Parties will not be responsible for typographical, printing or other inadvertent errors in these Official Rules or in other materials relating to the Sweepstakes. Sponsor and the Released Parties will not be responsible for any inaccurate Prize details supplied to an entrant by any third party related to this Sweepstakes. Additionally, you hereby agree to indemnify the Sponsor and the Released Parties from any and all losses, damages, costs, expenses, rights, claims, demands and actions (including attorney’s fees and expenses for litigation and settlement), which may be brought against any one or more of them by anyone claiming to have suffered loss or damage as a result of your participation in the Sweepstakes and/or with your acceptance, possession, use or misuse of any prize.
Official Rules/Winner List. To receive a winner’s list or a copy of these Official Rules, send a self-addressed stamped envelope to “Everything But The House Cinco de Mayo Instagram Giveaway Sweepstakes”, 4650 Wilmer Avenue, Cincinnati, OH 45226 and specify winner’s list or Official Rules in request. All requests for the winner’s list or Official Rules must be received on or before May 31, 2016.
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