Power Your Happy Giveaway – Terms and Conditions (“Official Sweepstakes Rules”)
NO PURCHASE NECESSARY TO ENTER OR WIN. MAKING A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ENTRIES RECEIVED. VOID WHERE PROHIBITED BY LAW OR WHERE BONDING, REGISTRATION, OR OTHER REQUIREMENTS EXIST BUT HAVE NOT BEEN MET. BY ENTERING THIS SWEEPSTAKES, YOU AGREE TO THESE TERMS AND CONDITIONS, WHICH ARE A CONTRACT—READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES A RELEASE FROM YOU, AND A LIMITATION OF CERTAIN OF YOUR RIGHTS AND REMEDIES.
The "Power Your Happy Giveaway" (the "Sweepstakes") is sponsored by POPSUGAR Inc., having a corporate address of 111 Sutter Street, 16th Floor, San Francisco, California 94104 (the "Sponsor"). Entrant's ("your," "you," or "entrant") registration and participation in the Sweepstakes shall be governed by the terms and conditions contained herein (the "Ts&Cs"). The Sweepstakes is subject to all applicable laws and regulations and is void where prohibited.
TERMS AND CONDITIONS:
1. This Sweepstakes is open to legal residents physically residing in the fifty (50) United States and the District of Columbia, aged 18 or over, or who meet the relevant jurisdiction's minimum age requirement, excluding employees of Sponsor and their immediate families, household members, agents or anyone else professionally connected with this Sweepstakes. Winner may be required to furnish proof of identity, address, and birth date in order to receive a prize.
2. Sweepstakes Period: The Sponsor's computer is the official time-keeping device for the Sweepstakes.
Event Timeline Pacific Daylight Time
Start of Campaign: WEDNESDAY, JULY 27, 2016, 09:00 AM
End of Campaign: WEDNESDAY, AUGUST 3, 2016, 21:00 PM
3. Entry: To enter, go to the Instagram application downloaded on your smartphone/tablet or the Instagram website and complete the following on one or more Sweepstakes Days, in order to be entered into the Sweepstakes:
Post a picture representing what "powers your happy" from your personal Instagram account as prompted by POPSUGAR Fitness' Instagram (@popsugarlfitness) and mention @lisasugar and hashtag #poweryourhappy #sweepstakes
You may also enter by mailing your first and last name, mailing address, and email addressto POPSUGAR Inc., 111 Sutter Street, 16th Floor, San Francisco, California 94104, Attn: Power Your Happy Giveaway. To be considered eligible in the Sweepstakes, entries must be postmarked no later than WEDNESDAY, AUGUST 3, 2016 and received no later than FRIDAY, AUGUST 5, 2016
4. By entering this Sweepstakes you agree to be bound by these Ts&Cs.
5. By submitting an entry in the Sweepstakes, entrant confirms and warrants that entrant owns all copyright and rights in the nature of copyright ("Rights") in the entry and acknowledges and agrees that Sponsor will own all such Rights. Each entrant therefore hereby irrevocably grants, transfers, sells, assigns, and conveys to Sponsor and its successors and assigns, all Rights of whatsoever kind in and to the entry for exploitation throughout the universe, in perpetuity, by means of any and all media and devices whether now known or later devised. Further, each entrant hereby waives in favor of Sponsor, all moral rights that he/she may now or later have to his/her entry. Sponsor shall have the right, in its sole discretion to edit, composite, morph, scan, duplicate, or alter the entry for any purpose which Sponsor deems necessary or desirable and entrant hereby waives all moral rights in the entry and any similar rights elsewhere in the world. Each entrant hereby acknowledges he/she does not reserve any rights in his/her entry.
6. Maximum of one (1) entry into the Sweepstakes per person, per household, and per email address Only one Instagram account per email address is permitted. Entrants must not use multiple Instagram accounts to enter the Sweepstakes, and any such entries will be disqualified.
7. No purchase is necessary to participate in this Sweepstakes. Odds of winning will depend on how many entries are received.
8. Prize(s): Each winner will win a copy of "Power Your Happy" by Lisa Sugar and a POPSUGAR Must Have Box for a total retail value of SIXTY-FIVE ($65) USD (the "Prize"). Prizes will be delivered to confirmed winner(s) to a valid U.S. address.
9. There is no cash alternative in whole or in part for the Prize, and the Prize is non-transferable and non-exchangeable. There will be no refund for unused portions of the Prize. No compensation or alternative to the Prize will be offered due to inability to attend, claim or use the Prize or due to any delay on the part of the winner(s); provided, however that Sponsor reserves the right to substitute a prize of equal or greater monetary value for any Prize. In no event shall the Sponsor be obligated to award more prizes than the number of Prize(s) stated in these Ts&Cs.
10. Winner Selection: After the Sweepstakes Period, five (5) winner(s) will be selected at random by computer-generated randomizer from all valid entries received during the Sweepstakes Period Winner(s) shall be the person whose Instagram account was used to submit the winning entry into the Sweepstakes, and an entry will be deemed to have been submitted by the person in whose name the Instagram account is registered. Sponsor reserves the right to deliver Prize(s) directly to the email and/or mailing address provided by an entrant in his or her entry to the Sweepstakes.
11. Winner Notification: The winner(s) will be contacted by Direct Message on Instagram after the end of the Sweepstakes Period. Each winner will be required to do the following as qualifying criteria of the Sweepstakes that must be met in order to receive the Prize: (a) respond to Sponsor within five (5) business days of initial contact to confirm eligibility; and (b) sign an affidavit or declaration of eligibility and liability and publicity release form and return it to Sponsor within five (5) business days of attempted delivery. Except where the prize is time-sensitive, in which case no alternate winner will be drawn, if a winner fails to respond to Sponsor's notification, fails to complete the forms as indicated herein, or fails to meet the qualifying criteria listed above, such winner may be disqualified and an alternative winner may be selected, up to three times. Other restrictions may apply, and an entrant or winner may be disqualified from the Sweepstakes if he or she fails to comply with any provision of these Ts&Cs, as determined in Sponsor's sole discretion.
12. Winner(s) shall be responsible and liable for all federal, state, and local taxes on the value of their prize. If required by Sponsor, the winner(s) must complete and return to Sponsor an IRS Form W-9 that reflects each winner's Taxpayer Identification Number or Social Security Number. The winner(s) may receive from Sponsor an IRS form 1099-MISC at the end of the calendar year, and a copy of such form will also be filed with the Internal Revenue Service.
13. Unless prohibited by applicable law, the acceptance of the Prize by winner(s) constitutes each winner's permission for Sponsor to use winner's name, address, biographical information, and testimonials for advertising and/or publicity purposes in connection with this Sweepstakes only, worldwide, and in all forms of media now known or hereafter developed, in perpetuity, and without further compensation.
14. Winner publication: The names and locations of confirmed winner(s) will be available for two (2) years after the end of the Entry Period by sending a request to the Sponsor address at the end of these terms.
15. Normal time, toll, connection, and usage rates, if any, charged by your Internet Service Provider may apply.
17. This Sweepstakes is not endorsed by, administered or associated with Facebook, Instagram, or Twitter (collectively, the "Social Media Companies"). Entrants hereby release each Social Media Companies from all responsibility and liability in respect of the Sweepstakes.
18. Incomplete, illegal, misdirected or late entries, or entries not in accordance with these Ts&Cs, will not be accepted. Proof of sending will not be accepted as proof of delivery. Releasees (defined below) take no responsibility for entries delayed, incomplete, illegible, unintelligible, misdirected, damaged or lost due to technical reasons or otherwise.
19. Sponsor reserves the right, in its sole discretion, to disqualify any individual or void any entry or Prize award to any entrant who corrupts or affects the administration, security, fairness, integrity or proper conduct of the Sweepstakes or is otherwise in violation of any law or of these Ts&Cs. This includes, for example, the use of computer 'script,' 'macro,' or 'brute force,' masking identities by manipulating IP addresses, or using any automated means in order to increase entries into the Sweepstakes in a manner that is not consistent with the spirit of the Sweepstakes.
20. If, for the reasons set forth in Section 18, or other reasons outside the reasonable control of the Sponsor, the Sweepstakes cannot be run or administered as planned, Sponsor reserves the right to cancel, modify or suspend the Sweepstakes (subject to any written directions given under applicable law), and Sponsor shall post a notice on the Sweepstakes entry page to such effect. Sponsor further reserves the right, in its sole discretion, to modify, cancel, or suspend this Sweepstakes for any reason that Sponsor believes in good faith is fair to the entrants.
21. Decisions of Sponsor are final and binding with respect to all matters related to the Sweepstakes. If an act, omission, event or circumstance occurs which is beyond the reasonable control of the Sponsor and which prevents the Sponsor from complying with these Ts&Cs, the Sponsor will not be liable for any failure to perform or delay in performing its obligation.
22. Participation in the Sweepstakes is at entrant's own risk. By receipt of any Prize, the applicable winner(s) agrees to indemnify, release, reimburse, and hold harmless Sponsor, Social Media Companies, and each of their respective partners, subsidiaries, affiliated entities, employees, directors, officers, agents, successors, assigns or representatives (collectively, "Releasees") from any liability resulting in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of any Prize or participation in this Sweepstakes or any Sweepstakes-related activities to the extent permitted by law.
23. Releasees do not make any, and hereby disclaim any and all, representations or warranties of any kind regarding any Prize, including any warranty of fitness or merchantability, or representation with respect to the function or operation of the Prize.
24. Releasees shall not be liable for any electronic miscommunications or failures, nor technical hardware or software failures of any kind with respect to the Prize or the Sweepstakes.
25. Entrants shall understand and agree that all rights under Section 1542 of the Civil Code of California ("Section 1542") and any similar law of any state or territory of the United States that they may have with respect to the release provisions herein are hereby expressly and forever waived. 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/HER MUST HAVE MATERIALLY AFFECTED HIS/HER SETTLEMENT WITH THE DEBTOR.
26. Entrant(s) and winner(s) have been given a full opportunity to review and analyze these Ts&Cs and fully and completely understand all of the terms of these Ts&Cs. Entrant(s) and winner(s) acknowledge and agree that this is a complete RELEASE and DISCHARGE of all claims and rights against the Releasees, and that no action will be taken by or on behalf with respect to any such claims or rights, it being understood that this release shall be binding upon entrant(s)' and/or winner(s)' heirs, executors, and administrators, and anyone claiming by or through entrant(s) or winner(s).
27. This Sweepstakes shall be governed by California law without regard to its conflicts of laws provisions. By participating in this Sweepstakes, entrants hereby irrevocably consent to exclusive jurisdiction and venue in the state and federal courts of San Francisco, California for any dispute or litigation arising from or relating to this Sweepstakes.
Sponsor: POPSUGAR Inc., having a corporate address of 111 Sutter Street, 16th Floor, San Francisco, California 94104.