The Fun is Always in Season Sweepstakes (the “Sweepstakes”) is intended for participation only in the United States and the District of Columbia and shall be construed according to, and governed by, United States law. Do not participate in the Sweepstakes if you are not a legal resident of the United States physically located in the United States at the time of entry or do not fall within the eligibility requirements set forth in the Official Rules below.
THE FUN IS ALWAYS IN SEASON SWEEPSTAKES
NO PURCHASE, DONATION OR PAYMENT NECESSARY. A PURCHASE, DONATION OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED, ADMINISTERED BY OR ASSOCIATED WITH INSTAGRAM OR TWITTER.
PROMOTION DESCRIPTION: The Sweepstakes begins on or about June 1, 2017 at 12:00 p.m. Eastern Standard Time (“EST”) and ends on or about September 30, 2017 at 5:00 p.m. EST (the “Promotion Period”). By participating in the Sweepstakes, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of SheKnows, LLC, an Arizona limited liability company with its principal place of business located at 14614 North Kierland Boulevard, Suite S150, Scottsdale, Arizona 85254 (“Sponsor”), or its affiliates or promotion partners, which shall be final and binding in all respects. Sponsor reserves the right to modify or terminate the Sweepstakes if conditions arise that compromise its integrity or intended play.
ELIGIBILITY: Only legal residents of the fifty (50) United States and the District of Columbia who are eighteen (18) years of age or older (or nineteen (19) years of age or older in Alabama and Nebraska) at the time of entry into the Sweepstakes, and located in the United States or the District of Columbia at the time of entry are eligible to enter the Sweepstakes. Sponsor and Sponsor’s promotion partners and their respective parents, subsidiaries, affiliates, distributors, retailers, sales representatives, advertising and promotion agencies and each of their respective officers, directors, managers and employees (and immediate family members and those persons living in the same household (whether related or not) of any such officers, directors, managers and employees) (collectively, the “Sponsor Entities”) are ineligible to enter the Sweepstakes or win any Prize (as defined below) in connection with the Sweepstakes. The Sweepstakes is subject to all applicable federal, state, provincial, municipal and local laws and regulations and is void in Puerto Rico, all U.S. territories and possessions and overseas military installations, countries other than the United States and where prohibited.
HOW TO ENTER: To enter, visit the website __________________________________________ (the “Website”) during the Promotion Period and follow the onscreen entry instructions provided to be eligible to win any prize in connection with the Sweepstakes. All entries must be actually received by no later than the end of the Promotion Period in order to participate. The Website’s database clock will be the official time keeper for this Sweepstakes. Limit one (1) entry per person. All requested information on the entry form must be completed to enter and to be eligible to win any Prize in connection with the Sweepstakes. Proof of entering information at the Website is not considered proof of delivery to or receipt by Sponsor of such entry. Any communication, data or other information transmitted by an entrant in connection with the Sweepstakes, whether by email, data survey/query or otherwise, is and will be treated as non-confidential and non-proprietary. Entries become the exclusive property of the Sponsor and will not be returned. Entry must be made by the entrant only at the Website by following the onscreen entry instructions. Alternative Method of Entry (“AMOE”): You may also enter the Sweepstakes by sending an email to email@example.com during the Promotion Period. The email must include your complete name, state in which you reside, age and daytime phone number. Each Entry must be received by 5:00 p.m. EST on September 30, 2017 to be eligible in the Sweepstakes. Limit one (1) entry per person or per AMOE. Not responsible for lost, late, misdirected entries, or entries not received in time for the random drawing.
Entries made by any other individual or any entity and/or originating at any other website or email address, including, but not limited to, commercial sweepstakes subscription notification and/or entering service sites, will be declared invalid and disqualified for the Sweepstakes. The use of any device to automate the entry process is prohibited. Sponsor reserves the right, in its sole and absolute discretion, to reject, disqualify and/or remove any Submission that violates these Official Rules without any notification or warning.
PRIZE AND APPROXIMATE RETAIL VALUES (“ARV”): Five (5) grand prizes (the “Prizes”) will be awarded, each consisting of one (1) $100 cash equivalent gift card (ARV $100.00). Total ARV of all prizes is $500.00. Gift cards are subject to the terms thereon. The Prize(s) are non-assignable and non-transferable. No cash alternative or prize substitutions shall be available; provided, however, that Sponsor retains the right to substitute a prize of comparable or greater value or, at Sponsor’s election, the cash value of the applicable Prize, in the event a stated Prize is unavailable, in whole or in part, for any reason. Odds of winning depend on the number of eligible entries received during the Promotion Period.
WINNER SELECTION AND NOTIFICATION: The drawing for the grand prizes will be conducted on or about two (2) business days following the expiration of the Promotion Period at Sponsor’s office in New York, NY. Each potential winner of a Prize will be randomly selected from all eligible entries received from the beginning to the end of the Promotion Period. The Sponsor will attempt to contact each potential winner of a Prize by telephone or email using the contact information provided by the entrant at the time of entry. If the selected entrant cannot be reached within two (2) business days after the date of the drawing or after two (2) attempts to contact such entrant, whichever comes first, or if the selected entrant is otherwise ineligible or fails to complete the Prize Claim Documents (as defined below), Sponsor shall have the right, but not the obligation, to award the applicable Prize to another entrant selected from the remaining eligible entries. This process may continue until the available number of Prizes have been awarded. Notwithstanding anything to the contrary set forth herein, Sponsor shall have no obligation to award a Prize with respect to which the initial entrant selected to win that Prize cannot be reached within two (2) business days after the date of the drawing or after two (2) attempts to contact such entrant, whichever comes first, or if such entrant is otherwise ineligible or fails to complete the Prize Claim Documents. Sponsor shall have no liability for any winner notification that is not received for any reason.
WARNING: The Prizes awarded in the Sweepstakes may be intended for adult use only. The Prizes may be dangerous if used at all, and certainly if it is not used properly. Any Prize awarded is nontransferable and not for sale to minors or to any other person or entity. The entrant who accepts and receives a Prize does so knowingly, fully appreciating and accepting the actual or potential risk of death or injury that the Prize presents. By accepting a Prize, entrant personally assumes all risks of injury or death, and hereby releases the Sponsor Entities from any and all liability of any kind, as a result of or arising from the acceptance, receipt, possession, use and/or misuse of such Prize.
GENERAL PRIZE CONDITIONS: Each winner of a Prize shall be solely responsible for all federal, state, provincial, municipal and/or local taxes, and for any other fees or costs associated with the Prize awarded. All expenses not specifically stated as being included are excluded, including, but not limited to, taxes, including any income tax, and are the responsibility of the winner. Potential winners may be required to execute an Affidavit of Eligibility, a Liability Release, (where legal) a Publicity Release and any applicable forms required by a taxing authority (collectively, “Prize Claim Documents”). If a potential winner is not of legal age of majority in his or her state of residence (a “minor”), at Sponsor’s option, the applicable Prize either will be awarded in the name of a parent or legal guardian of such potential winner, or a parent or legal guardian of such potential winner will be required to ratify and sign Prize Claim Documents. If a potential winner (or, in the case of a minor, such minor potential winner’s parent or legal guardian) fails or refuses to sign and return all Prize Claim Documents within the specified time period, such potential winner may be disqualified and an alternate winner may be selected.
GENERAL RELEASE AND INDEMNITY: Except where prohibited, participation in the Sweepstakes constitutes a winner’s permission for each of the Sponsor Entities to use winner’s name, photograph, likeness, voice, biographical information, statements and address (city and state) for advertising and/or publicity purposes related to the Sweepstakes only worldwide and in all forms of media now known or hereafter developed, in perpetuity, without further compensation, and each entrant hereby releases the sponsor Entities with respect thereto. Each entrant agrees that the Sponsor Entities are not responsible for: (a) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (b) technical failures of any kind, including, but not limited to, malfunctions, interruptions or disconnections in phone lines or network hardware or software; (c) unauthorized human intervention in any part of the entry process or the Sweepstakes; (d) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; (e) any losses, damages or injuries of any kind resulting from participation in the Sweepstakes or in any Sweepstakes-related activity, or from entrants’ acceptance, receipt, possession and/or use or misuse of any Prize, or (f) any damage to your computer system which occurs by accessing the Website or participating in the Sweepstakes. Each entrant acknowledges and agrees that no Sponsor Entity has made any warranty, representation or guarantee express or implied, in fact or in law, with respect to any Prize, including, without limitation, to such Prize’s quality or fitness for a particular purpose. In the event of a dispute as to the identity of an entrant which cannot be resolved to Sponsor’s satisfaction, the entry will be deemed ineligible. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Sweepstakes or the Website, to be acting in violation of these Official Rules, or to be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Sweepstakes, or to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. No mechanically reproduced, illegible, incomplete, forged, software-generated or other automated multiple entries will be accepted. Each entrant agrees to release, defend, indemnify and hold harmless each of the Sponsor Entities, those working on behalf of the Sponsor Entities and each of their respective officers, directors, managers, representatives, employees, agents, successors and assigns from any damage, injury, death, loss or other liability, either at law or equity, whether known or unknown, asserted or non-asserted, including reasonable attorneys’ fees, that may arise from or in any way relate to any entrant’s participation in the Sweepstakes, entrant’s breach of any representation, warranty or covenant set forth herein, Sponsor’s use of a winner’s name, photograph, likeness, voice, biographical information, statements or address or the awarding, acceptance, use or misuse of any Prize.
DISPUTES: By entering the Sweepstakes, each entrant agrees that: (a) any and all disputes, claims and causes of action arising out of or connected with the Sweepstakes or any Prize(s) awarded, shall be resolved individually, without resort to any form of class action; (b) any and all 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 will attorneys’ fees be awarded or recoverable; and (c) under no circumstances will any entrant be permitted to obtain any award for, and each entrant hereby knowingly and expressly waives all rights to seek, punitive, incidental or consequential damages and/or any other damages, other than actual out-of-pocket expenses, and/or any and all rights to have damages multiplied or otherwise increased. This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Instagram, Twitter, or any other social media platform. Any and all questions, comments or complaints regarding the Sweepstakes must be directed solely to Sponsor, not Instagram, Twitter or any other third party.
VENUE/JURISDICTION: EACH ENTRANT HEREBY IRREVOCABLY CONSENTS AND SUBMITS TO THE EXCLUSIVE JURISDICTION OF THE STATE AND FEDERAL COURTS, AS APPLICABLE, LOCATED WITHIN NEW YORK COUNTY, NEW YORK IN CONNECTION WITH ANY PROCEEDING ARISING OUT OF OR RELATING TO THIS SWEEPSTAKES AND WAIVES ANY OBJECTION TO VENUE IN SUCH COURTS.
SEVERABILITY: 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 unenforceability or illegal, these Official Rules shall otherwise remain in full force and effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
WINNERS LIST: For the list of Prize winners or a copy of these Official Rules, mail a self-addressed, stamped envelope with the name of the Sweepstakes to SheKnows, LLC, Attention: Promotions Department, 440 9th Avenue, 11th floor, New York, NY 10001 (VT residents may omit return postage) such that it is received by no later than six (6) months following the end of the Promotion Period.