Terms and Conditions - Promotional Giveaway
Official Rules (“Official Rules”) and Legal Disclaimer
By entering into this Jack Riley Investments, LLC d/b/a Pink Lily (“Sponsor”) sponsored sweepstakes (this “Sweepstakes”), you, as participant (“Participant”), agrees to abide by these Official Sweepstakes Rules and Legal Disclaimers and the decisions of Sponsor, such decisions which are final and binding in all respects. This Sweepstakes is “VOID WHERE PROHIBITED BY LAW”
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN.
A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
This Sweepstakes is open solely to legal resident of the continental United States and the District of Columbia who are 18 years of age or older at the time of entry and have reached the age of majority in my jurisdiction of residence at the time of opt-in (19 in Alabama and Nebraska; 21 in Mississippi).
Employees, officers, directors, members, managers, independent contractors, and agents of Sponsor and its affiliated companies (as well as the same household members of any such individual), are not eligible to enter.
All applicable federal, state, and local laws and regulation apply.
HOW TO ENTER
To enter this Sweepstakes, submit all required fields via the Facebook or Instagram entry form. Sponsor shall not consider incorrect, fraudulent, incomplete, late, or otherwise non-conforming entries or entries that are intended to annoy, abuse, threaten, or harass any person or entity in any way. Limit of one (1) entry per person per Sweepstakes; multiple entries by any one individual are void. Entries generated by macro, script, or other automated means are void. Any entrant using fraudulent means to participate in a Sweepstakes will be disqualified and may be guilty of violating applicable criminal laws. All entries, once provided, are Sponsor’s sole and exclusive property. Eligibility is at the exclusive discretion of Sponsor, and Sponsor shall be entitled to reject any entrant for any reason or no reason at all without having to provide an explanation. Sponsor reserves the right, in its sole discretion, to cancel, suspend, or terminate a Sweepstakes for any reason and without prior notice to any Participant. In such instance, Sponsor may, if and as appropriate, select a winner using reasonable means that are materially consistent with the Sweepstakes in question.
This Sweepstakes shall begin at 12:00am EST on 11/09/2020 (“Entry Period”). Entries submitted before or after the Entry Period will not be eligible. Sponsor’s computer is the official timekeeping device for the Sweepstakes. The Entry Period will end on 11/22/2020 at 11:59pm EST.
The odds of winning the prize in this Sweepstakes (“Prize”) depends on the numbers of entries received. The Prize in this Sweepstakes includes the following: one (1) $250 Pink Lily gift card.
The approximate retail value of the Prize is $250. Participant is solely responsible for payment of any and all federal, state, or local taxes as a result of winning the Prize. Promotional gifts and prizes valuing $600 or more must be reported to the Internal Revenue Service. In addition, Participant may need to complete a prize validation form.
SELECTING AND NOTIFYING PRIZE WINNER
The Sponsor will select five (5) winners through a random drawing of all eligible entries received following the end of the Entry Period. Sponsor will attempt to notify potential winner within five (5) business days of the drawing by email. If a potential winner does not respond within seven (7) calendar days after the notice is sent, the Sponsor will select an alternate potential winner in his/her place at random from all remaining entries received. Only three (3) alternate potential winners will be contacted. Sponsor is not responsible for digital communications that are undeliverable as a result of any filtering of any kind, insufficient space in a Participant’s account, or any other failure beyond its reasonable control.
Except where prohibited, a potential winner will be required to complete and return a Form W-9. If a potential winner fails to sign and return this document within the required time period, an alternate potential winner may be selected in his/her place in a random drawing of all remaining entries received. Only three (3) alternate potential winners may be contacted. The winner must provide sufficient evidence to prove identification and eligibility to receive the Prize.
Any potential winner will forfeit his or her Prize if he or she (1) fails to respond in a timely fashion to any of Sponsor’s requests for information or signatures with respect the Sweepstakes or the Prize; (2) cannot be reached at the information provided by such individual; (3) rejects the Prize; or (4) is disqualified from the Sweepstakes for any reason. In the event of any forfeiture hereunder, an alternate winner will be selected. Prize winners are solely responsible for all applicable (1) federal, state, and local taxes; and (2) out-of-pocket expenses, associated with Prize acceptance and use. Prizes will not be substituted by Sponsor for cash or other merchandise pursuant to any Prize winner’s request. Sponsor, however, reserves the right to substitute alternate Prizes of comparable or equal value in its sole discretion. Subject to applicable law, Prizes are offered “as is” without any express or implied warranty of any kind or nature, including without limitation, any warranty respecting condition, merchantability, quality, title, or fitness for a particular purpose.
PROVISION OF MATERIALS AND INFORMATION/INTELLECTUAL PROPERTY
By entering into this Sweepstakes, Participant represents and warrants as follows (1) that it fully owns or has properly licensed whatever materials or information it submits hereunder in connection with the Sweepstakes and can make such submissions without violating any: applicable law, agreement with any third-party, and/or third-party right of any kind (including without limitation any intellectual property, data protection, privacy, or publicity right); and (2) that any and all materials or information provided by it hereunder shall be true and correct in all respects. Furthermore, without limitation on anything set forth herein to the contrary, Sponsor shall have the irrevocable, transferable, and fully sublicensable right and license (but not the obligation) to exploit any and all such materials or information in any manner it so elects to promote the Sweepstakes, its business, brand, products, and/or services, throughout the world in perpetuity, and in any and all media, now or hereafter known.
Subject to applicable law, entrance in this Sweepstakes constitutes the Participant’s consent to Sponsor’s and Sponsor’s affiliates to use his or her name, voice, likeness, opinions, and biographical information for marketing, advertising, and publicity purposes in any media throughout the world at any time without the obligation to seek consent or to provide Participant with any payment or other form of consideration. Participant agrees to execute any document reasonably required by Sponsor to effectuate the terms hereof and failure to do so shall give rise to Sponsor’s right to execute any and all such documents as Participant’s attorney-in-fact, which right shall be coupled with an interest and therefore, irrevocable.
Subject to applicable law, by entering into this Sweepstakes and potentially receiving a Prize, each Participant and winner agrees to release, discharge, and hold harmless Sponsor, along with Sponsor’s employees, officers, directors, affiliates, partners, agents and assigns (collectively, “Released Parties”), from and against any claim, cause of action, demand, or proceeding (each, a “Claim”), and any resultant loss, injury (including death), cost, expense, fee, fine, penalty, or other loss or expense of any kind, including attorneys’ fees (each, a “Loss”), relating to or arising directly or indirectly out of his or her participation in a Sweepstakes (or related activity such as a press release), and/or Sponsor’s right to exploit Participant’s name and/or likeness or fully exploit any other right granted to it hereunder, and/or from Participant’s receipt, use, or misuse of any Prize, no matter how such Claim or Loss arises (including without limitation: (a) unauthorized human intervention in the Sweepstakes; (b) technical errors related to computers, servers, providers, or telephone, or network lines; (c) printing errors; (d) lost, late, postage due, misdirected, or undeliverable mail; (e) errors in the administration of the Sweepstakes or the processing of entries; or (f) injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes or receipt or use of any prize). You further agree that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Sweepstakes, and in no event shall the Released Parties be liable for attorney’s fees.
LIMITATION OF LIABILITY
IN NO EVENT SHALL SPONSOR, AND/OR SPONSOR’S PARENT, SUBSIDIARY, LICENSEES, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, ASSIGNS, AFFILIATES, OR RELATED COMPANIES (COLLECTIVELY WITH PROMOTER, THE “SPONSOR PARTIES”), BE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS) ARISING OUT OF ANY PARTICIPANT’S PARTICIPATION IN THE SWEEPSTAKES, THESE OFFICIAL RULES, AND/OR ANY PARTICIPANT’S RECEIPT OF A PRIZE, NO MATTER UNDER WHAT THEORY ARISING, EVEN IF ANY SPONSOR PARTY HAS BEEN ADVISED OF THE POSSIBLY OF SUCH DAMAGES. SPONSOR PARTIES’ ENTIRE LIABILITY WITH RESPECT TO: ANY PARTICIPANT’S PARTICIPATION IN THE SWEEPSTAKES, THESE OFFICIAL RULES, AND/OR ANY PARTICIPANT’S RECEIPT OF A PRIZE SHALL BE LIMITED TO $500. SOME JURISDICTIONS MAY NOT ALLOW THE AFOREMENTIONED LIMITATIONS OR EXCLUSIONS OF LIABILITY AND AS SUCH, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
THIRD PARTY PLATFORMS
If this Sweepstakes is hosted, administered, or operated on a third party platform, including without limitation a social media platform (e.g. Facebook or Twitter) (“Third Party Platform”), then by participating in this Sweepstakes, Participant hereby release and agree to comply with all rules and policies set forth by such Third Party Platform and to hold harmless such Third Party Platform from any and all liability, loss or damages arising from or in connection with the awarding, receipt, and/or use or misuse of prizes or participation in any prize related activities. Unless otherwise stated to the contrary in these Official Rules, this Sweepstakes is not sponsored, endorsed or administered by, or associated with, any Third Party Platform.
USE OF COLLECTED MATERIALS AND INFORMATION
The parties hereto acknowledge and agree as follows (1) that all disputes, causes of action, and claims connected to or arising in any way hereunder between the parties or this Sweepstakes shall be resolved solely on an individual basis, without resort to any form of class action (i.e., class actions suits are hereby waived by the parties) and exclusively by the state or federal courts situated in Warren County, Kentucky; (2) that the laws of the state of Kentucky shall govern, without regard to its conflict of laws principles; and (3) that the parties hereto waive any right to a trial by jury.
For a list of all Prize Winners, send a self-addressed, stamped envelope to Jack Riley Investments, LLC d/b/a Pink Lily, 323 Mitch McConnell Way, Bowling Green, KY 42101 on or after the Entry Period with your request, provided however, requests must be received on or before the 30th day following the end of the Entry Period.
In the event that the operation, security, or administration of this Sweepstakes is impaired in any way for any reason, including, without limitation, fraud, virus, or other technical problem, Sponsor may, in its sole discretion, either: (a) suspend the Sweepstakes to address the impairment and then resume the Sweepstakes in a manner that best conforms to the spirit of these Official Rules; or (b) award the prize(s) at random from among the eligible entries received up to the time of the impairment. 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 in an unsportsmanlike or disruptive manner. 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. Failure by Sponsor to enforce any term of these Official Rules shall not constitute a waiver of that provision. Proof of sending any communication to Sponsor by mail shall not be deemed proof of receipt of that communication by Sponsor. In the event of a dispute as to any online entry, the authorized account holder of the email address used to enter will be deemed to be the participant. The “authorized account holder” is the natural person who is assigned to 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 email address.
The Sweepstakes is sponsored by Jack Riley Investments, LLC d/b/a Pink Lily at 323 Mitch McConnell Way, Bowling Green, KY 42101.