Prize Draw Terms and Conditions
- To enter. The Sponsor, as defined below, will be conducting a random prize drawing, which shall be governed by the following terms and conditions (the “Prize Draw”). To enter, add any Dabbly™ product to your cart. You will be automatically prompted to join our waitlist. Sign up with your email address. A pop up will give you the opportunity to take and submit the survey, which will enter you into the Prize Draw. To successfully enter, you must follow the on-screen entry instructions, fill in all required information, and submit the online survey. No purchase necessary. Entrants must complete the referenced online survey by no later than 10:00 AM ET on June 30th, 2020. Sponsor’s clock is the official clock and sole determinant for the purposes of a valid submission in the prize draw.
- Prize. One (1) $100 Amazon gift card will be awarded to each of ten (10) eligible winners selected at random. There is no cash alternative offered. Limit one prize per family or household. No substitution or transfer of prize permitted. Sponsor reserves the right to substitute a prize of equal or greater value. Prizes are awarded “as is, where is,” without warranty of any kind, express or implied, including, without limitation, any warranty of merchantability or suitability for a particular purpose. Only the intended prizes will be awarded in a random drawing from among all verified and validated entries received. In no event will more than the stated number of prizes be awarded. All income taxes resulting from acceptance of prize, if any, are the responsibility of Winner.
- Eligibility. THE PRIZE DRAW IS ONLY OFFERED TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA (“D.C.”) WHO ARE EIGHTEEN (18) YEARS OF AGE OR OLDER. YOU MAY NOT ENTER IF YOU ARE NOT EIGHTEEN (18) YEARS OF AGE OR OLDER AS OF JUNE 22ND, 2020 AND/OR NOT A LEGAL RESIDENT OF (AND RESIDING AT THE TIME OF ENTRY IN) ONE OF 50 UNITED STATES OR D.C. THIS PRIZE DRAW IS VOID OUTSIDE THE 50 UNITED STATES AND D.C., AND WHEREVER PROHIBITED.
INTERNET ACCESS IS REQUIRED. NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING.
The following individuals are NOT eligible to enter or win a prize: employees of Sponsor; employees of Pixel, Inc.; employees of the parent companies, subsidiaries, divisions, affiliates, suppliers, brokers, printers, distributors and/or advertising, promotional and judging agencies of Sponsor or Pixel, Inc.; employees of any other entities affiliated with the administration of the promotions; the immediate family members (e.g., parent, child, sibling, spouse) and any person living in the household of any of the foregoing employees. All determinations of eligibility will be made by Sponsor in its sole discretion, at any time.
Any attempt by any person to deliberately damage any website or undermine the legitimate operation of the Prize Draw may be a violation of criminal and civil laws, and, should such an attempt be made, Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law.
- Agreement to Rules. By submitting an entry, you fully and unconditionally agree to abide by and be bound by these terms and conditions, and you represent and warrant that you meet the eligibility requirements set forth herein. In addition, you agree to accept the decisions of Sponsor as final and binding on all matters pertaining to the Prize Draw, including without limitation decisions regarding eligibility, selection of Winners, and the interpretation of these terms and conditions.
- Entries. All entries submitted become the property of Sponsor and will not be returned. Entries that are not complete or do not adhere to the rules or specifications may be disqualified at the sole discretion of Sponsor. You are limited to one (1) entry. Use of any robotic, automatic, programmed, or similar entry method or entering more than the number of times permitted will void all entries and result in disqualification. You may not enter more times than indicated by using multiple email addresses, identities, or devices. If you do any of the foregoing or use fraudulent methods or otherwise attempt to circumvent these terms and conditions your entry may be disqualified, at the sole discretion of Sponsor. Entries will be void if no email address is provided, or not able to be supplied, or if the supplied email address is not current. In the event of a dispute as to the identity of an entrant, the authorized account holder of the email address used to enter will be deemed to be the entrant. Winners may be required to show proof of being the authorized account holder.
- Decisions of Sponsor. The decision of the Sponsor is final, and no correspondence will be entered into. If Sponsor deems it necessary, Sponsor may, in its discretion, suspend, amend or cancel the Prize Draw.
- Winner Selection; Odds; and Notification. Ten (10) winners of the Prize Draw (each a “Winner” and collectively the “Winners”) will be selected in a random drawing from among all eligible entries received. The random drawing will be conducted on or about July 13th, 2020 by Sponsor. The odds of winning depend on the number of eligible entries received. Winners will be notified via email or other means within approximately 7 days following the drawing and must respond to Sponsor within 3 days of the date notice is sent or such other date set by Sponsor in order to claim and receive the prize. By entering this Prize Draw, you agree that if you are chosen as the Winner you can be contacted by e-mail by Sponsor. If a prize is unclaimed, a Winner fails to respond, or if the prize is undeliverable after reasonable efforts have been made to contact the Winner, Sponsor will be entitled to dispose of the prize as it sees fit without any liability to the Winner for having done so. Sponsor shall have no liability for a Winner’s failure to receive notices due to the Winner’s spam, junk email, or other security settings or the Winner’s provision of incorrect or otherwise non-functioning contact information.
- Publicity. Acceptance of a Prize constitutes permission for Sponsor and anyone acting on behalf of Sponsor, or its licensees, successors, and assigns, to use the Winner’s name, biography, likeness, photographs, video, voice, opinions, entry, and any statements attributable to him or her for promotional purposes in any manner or media without notice, additional permission, or compensation, except where prohibited by law.
- Cancellation or Modification. Sponsor reserves the right to cancel, delay, or modify these terms and conditions for clarification purposes without materially affecting the terms and conditions of the Prize Draw.
- Failure to Comply with Terms and Conditions: Without limitation, a Winner may be disqualified and forfeit any prize due to any of the following: (i) the Winner fails to comply with any of the terms, conditions, restrictions, or limitations of these Terms and Conditions; (ii) the Winner is found to be ineligible; (iii) the Winner fails to respond to the prize notification within three (3) days after its transmission or mailing; (iv) the return of three (3) attempted email notifications as undeliverable; (v) the Winner fails to respond to any other notice within (3) days after its transmission or mailing; (vi) the return of any other notice as undeliverable; or (vii) the Winner fails to claim the prize within fifteen (15) days from the time prize notification was transmitted or mailed. In the event of disqualification of a Winner, the prize will be forfeited and awarded to an alternate winner selected in a random drawing from among all remaining eligible entries.
- Indemnification: By submitting an entry, you agree to release, discharge, indemnify, and hold harmless Sponsor and Pixel, Inc. and their respective subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers, and directors (collectively, the Prize Draw Parties”) from and against any liability, illness, injury, death, loss, litigation, claim, or damage to you or any person or entity, including without limitation damage to personal or real property, caused in whole or in part, directly or indirectly, by reason of your participation in the Prize Draw (or related activities), your acceptance, possession, or use/misuse of any prize, or from any delay in receiving any prize awarded. By submitting an entry, you agree that you have no right to bring (and covenant not to bring) any claim, action, or proceeding of any kind or nature whatsoever against any of the Prize Draw Parties in connection with the Prize Draw.
- Limitation of Liability: Sponsor is not responsible for: (i) lost, late, damaged, destroyed, delayed, stolen, misdirected, incomplete, or illegible entries, or entries received through impermissible or illegitimate channels, all of which will be disqualified; (ii) technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network, website, hardware, or software; (iii) the unavailability or inaccessibility of any transmissions or telephone or Internet service; (iv) unauthorized intervention in any part of the entry process or the Prize Draw; or (v) electronic or human error which may occur in the offer or administration of the Prize Draw or the processing of entries. You agree that any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Prize Draw but in no event attorneys’ fees; and you waive all rights to claim any punitive, incidental, consequential, and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
- Disputes: THIS PRIZE DRAW IS GOVERNED BY THE LAWS OF THE COMMONWEALTH OF MASSACHUSETTS WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Prize Draw, you agree that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or connected with this Prize Draw, shall be resolved individually, without resort to any form of class action, exclusively before a court located in the Commonwealth of Massachusetts having jurisdiction.
- Severability; Non-Waiver: If any provision(s) of these Terms and Conditions are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect. Sponsor’s failure to enforce any provision of these Terms and Conditions shall not constitute a waiver of that provision or any other provision of these Terms and Conditions.
- Winners List: To obtain a copy of the list of Winners (available one (1) month after the drawing) or a copy of these Terms and Conditions, mail your request along with a stamped, self-addressed envelope to: firstname.lastname@example.org. Requests must be received no later than July 31st, 2020.
- Sponsor: Dabbly™ is a brand of the “Sponsor” of the Prize Draw, Ocean Spray Cranberries, Inc., One Ocean Spray Drive, Lakeville-Middleboro, MA 02349.