Official Rules for Unbox The Joy Giveaway
NO PURCHASE NECESSARY TO ENTER OR TO WIN. Open to Continental US residents 18 years of age or older. Void where prohibited. Ends 11/21/20. For Official Rules, how to enter without purchase, prizes, and odds, visit at https://www.sweetentheday.com/pages/official-rules-season-of-gifting-giveaway
Time For Joy Giveaway
OFFICIAL RULES NO PURCHASE NECESSARY TO ENTER OR TO WIN. VOID WHERE PROHIBITED. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. PARTICIPATION IN THE SWEEPSTAKES CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE OFFICIAL RULES.
Individuals who participate in the Sweepstakes or submit an entry are sometimes referred to herein as an “Entrant.”
1. SPONSOR: Sweeten the Day, 911 Twin Elms Ct, Nashville TN 37210 (“Sponsor”)
2. SWEEPSTAKES PERIOD: Sweepstakes begins at 7:30 am Pacific Standard Time (PST) on November 9, 2020 and ends at 12:00 am PST on November 21, 2020 (the “Sweepstakes Period”).
3. ELIGIBILITY: Sweepstakes is open only to individuals who are at least eighteen (18) years of age on the entry date and are legal residents of the continental United States. Employees, officers and directors of Sweeten the Day, its affiliates, subsidiaries, divisions, advertising, promotional, fulfillment and marketing agencies, their immediate families (parent, child, sibling & spouse) and persons living in the same households of such individuals (whether related or not), are not eligible to participate in the Promotion.
Void in Rhode Island, all U.S. territories and possessions, overseas military installations, and where prohibited by law, rule or regulation. All federal, state and local laws and regulations apply.
5. WINNER SELECTION & NOTIFICATION: One (1) Entrant that has properly completed all necessary steps, will be randomly chosen by Sponsor or its designee as a potential Prize winner (“Potential Winner”). One (1) Potential Winner will be randomly selected on or before November 28, 2020. The Potential Winner will be contacted by email (“Prize Notification”) on or before December 5, 2020 and must confirm Prize acceptance within seventy-two (72) hours of such Prize Notification. To be confirmed as a Prize winner (“Prize Winner”), the Potential Winner will be required to sign and return within ten (10) days of notification attempt by Sponsor, an Affidavit of Eligibility, Liability and Publicity Release, including the Potential Winner’s full name and street address (no P.O. Boxes), or the Prize will be forfeited and an alternate Potential Winner may be selected by Sponsor (and in such case this process will be repeated).
6. PRIZE: One (1) Prize Winner will receive their choice of ONE of the following: At Home-Barista: Pumpkin Spice Latte, Gourmet Movie Night: Ultimate Snack Station, Hope in the Morning: Brunch Box.
Approximate Retail Value (ARV) of the Prize (including gift wrap, shipping, and handling): $92
Odds of winning a Prize depend on the number of eligible entries received during the Sweepstakes Period.
7. PRIZE RESTRICTIONS: No portion of the Prize may be transferred, redeemed for cash or substituted, except by Sponsor (in its sole discretion), which reserves the right to substitute any portion of the Prize with a prize of equal or greater value for any reason, including, without limitation, Prize unavailability. All expenses not specifically identified as included in the Prize are the sole responsibility of the Prize Winner. The Prize, and all elements thereof, are subject to availability. The Prize is awarded “AS IS” and WITHOUT WARRANTY OF ANY KIND, express or implied (including, without limitation any implied warranty of merchantability or fitness for a particular purpose). Acceptance, participation in and/or use of the Prize is at Prize Winner’s sole risk and Sponsor is not responsible for any damages whatsoever including special, indirect, or consequential damages, arising out of or in connection with the use and/or misuse of the Prize. Prize Winner will be solely responsible for all federal, state and local taxes and fees and other expenses associated with his/her Prize receipt and/or use that are not expressly included in the Prize description. The Prize Winner may be issued a 1099 tax form for the ARV of the Prize. Failure to take or complete any portion of the Prize does not relieve the Prize Winner of his/her tax obligations associated with winning the Prize.
9. GENERAL CONDITIONS: This Sweepstakes is subject to all applicable federal, state and local laws. By participating, entrants agree to be bound by these Official Rules and the decisions of Sponsor. Entrants waive any right to claim ambiguity in the Sweepstakes or these Official Rules. All Entrants agree to follow the Official Rules and release, discharge, hold harmless and indemnify the Sweepstakes Entities, and all of their respective members, managers, owners, equity holders, officers, directors, parents, subsidiaries, partners, agents, employees, successors and assigns (collectively, the “Released Parties”) against any and all liability, damages or causes of action (however named or described), with respect to or arising out of any injuries, damages or losses to any person (including death) or property of any kind resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any prize or participation in any promotional-related activity or participation in this Sweepstakes. In consideration for being awarded a Prize, or any portion thereof, each Prize Winner hereby agrees and consents, without further authorization, compensation or remuneration of any kind, to the use of Prize Winner’s name and/or likeness in any and all advertising, promotions and other publicity conducted by Sweepstakes Entities, except where prohibited by law. Sponsor reserves the right to modify the scheduling of the Sweepstakes without prior notification, and the right to make changes or additions to these Official Rules for any reason at any time. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. 10. PRIZE WINNERS AND ENTRANTS RELEASE, DISCHARGE, AND AGREE TO INDEMNIFY AND HOLD HARMLESS, THE RELEASED PARTIES AND THEIR RESPECTIVE MANAGERS, EQUITY HOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, PARTNERS, SUCCESSORS, ASSIGNS AND REPRESENTATIVES FROM AND AGAINST ANY LIABILITY FOR ANY DAMAGES, INJURY OR LOSSES, TO ANY PERSON (INCLUDING DEATH), OR PROPERTY, OF ANY KIND RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY FROM ACCEPTANCE, POSSESSION, MISUSE OR USE OF ANY PRIZE, ANY PORTION THEREOF OR PARTICIPATION IN ANY SWEEPSTAKES RELATED ACTIVITY OR PARTICIPATION IN THIS SWEEPSTAKES. By entering this Sweepstakes, the Entrant agrees to the following Statement: I expressly understand that Section 1542 of the Civil Code of California provides substantially as follows: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM, MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH DEBTOR." The provisions of this Section 1542 of the Civil Code of California and any similar law of any state, territory, or other jurisdiction are hereby expressly waived.
11. LIMITATIONS OF LIABILITY: The Sweepstakes Entities are not responsible for late, lost, damaged, misdirected, incomplete, illegible, undeliverable, destroyed, and/or lost, late, misdirected, undeliverable or incomplete entries due to system errors or failures, or faulty transmissions and/or entries not received resulting from any hardware or software failures of any kind, lost or unavailable network connections, or failed, incomplete or garbled computer or telephone transmissions, or for any problems or technical malfunction(s) of any telephone network or lines, computer online systems, servers or providers, computer equipment, or entries not received by Sponsor on account of technical problems or traffic congestion on computer networks, or any combination thereof, including any injury or damage to participant's or any other person's computer related to or resulting from participating in the Sweepstakes or downloading any material for the Sweepstakes, or other telecommunications malfunctions which may limit an entrant's ability to participate. Sponsor may prohibit an Entrant from participating in the Sweepstakes or winning the Prize if, in its sole discretion, it determines that said Entrant is attempting to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other Entrants or representatives of Sponsor. Any attempt by any person to deliberately damage any website or undermine the legitimate operation of the Sweepstakes is 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. If for any reason this Sweepstakes is not capable of running as planned, including, but not limited to, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, or any other causes beyond the reasonable control of Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes, then Sponsor reserves its right at its sole discretion to cancel, terminate, modify or suspend the Sweepstakes. To the maximum extent permitted by law, IN NO EVENT WILL THE RELEASED PARTIES BE RESPONSIBLE OR OTHERWISE LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RELATED TO THE SWEEPSTAKES, INCLUDING ANY ACCESS TO OR USE OF THE WEBSITE OR ANY DOWNLOADING FROM OR PRINTING MATERIAL FROM THE WEBSITE. EVERYTHING ON THE WEBSITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. WINNERS AGREE THAT ALL PRIZES ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY, REPRESENTATION, OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, WHETHER NOW KNOWN OR HEREINAFTER ENACTED, RELATIVE TO THE USE OR ENJOYMENT OF THE PRIZE, INCLUDING, WITHOUT LIMITATION, ITS QUALITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. FURTHER, NO RESPONSIBILITIES ARE ACCEPTED FOR ANY ADDITIONAL EXPENSES, OMISSIONS, DELAYS, OR RE-ROUTING RESULTING FROM ANY ACTS OF ANY GOVERNMENT OR AUTHORITY.
12. DISPUTES: Except where prohibited, as a condition of participating in this Sweepstakes, each Entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate state or federal court located in Nashville, Tennessee; (ii) any and all claims, judgments and awards on behalf of Entrant shall be limited to actual out-of-pocket costs incurred, if any, including costs associated with entering this Sweepstakes, but in no event attorneys’ fees, and in no event to exceed two hundred fifty dollars ($250); and (iii) under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased; and (iv) this Sweepstakes and any dispute arising under or related thereto (whether for breach of contract, tortious conduct or otherwise) will be governed by the internal laws of the State of California without giving effect to its conflicts of law or choice of law principles or rules that would cause the application of any other state’s laws.
13. WINNER'S LIST/RULES: For a copy of the Official Rules email firstname.lastname@example.org with the subject line: “Official Rules.” To find out who won, send an email to email@example.com with the subject line: “Winner Request.” Requests must be received no later than one (1) month following the end of the Sweepstakes Period. Only one (1) request for either Official Rules of Sweepstakes Winners will be fulfilled for each email.
14. PHOTO REPRESENTATIONS: Please note that photos used on giveaway landing page and in marketing efforts, including but not limited to Instagram, emails, Facebook, Pinterest, are not exact representations of prizes. The photos are used for illustrative purposes to show how prizes can be enjoyed.