NO PURCHASE NECESSARY TO ENTER OR WIN; A PURCHASE DOES NOT INCREASE ODDS OF WINNING.
BY ENTERING THE SWEEPSTAKES, YOU AGREE TO ABIDE BY THESE OFFICIAL RULES, WHICH GOVERN YOUR PARTICIPATION IN THE SWEEPSTAKES, AND TO RECEIVE MARKETING MATERIALS FROM POPSUGAR INC. ("SPONSOR"), YOU ALSO REPRESENT THAT YOU MEET THE ELIGIBILITY REQUIREMENTS BELOW.
The Sweepstakes is sponsored by POPSUGAR Inc., located at 111 Sutter Street, 16th Floor, San Francisco, California 94104 and administered by Centra Marketing & Communications LLC, d/b/a Centra360, located at 1400 Old Country Road, Suite 420, Westbury, NY 11590 ("Administrator"). The Sweepstakes is subject to all applicable laws and regulations and is void where prohibited by law, or where bonding, registration, or other requirements have not been met. Decisions of Sponsor are final and binding with respect to all matters relating to the Sweepstakes.
1. Eligibility Requirements: The Sweepstakes is open to individuals legally residing in the fifty (50) United States or the District of Columbia who are licensed drivers, aged 18 or over, and meet their jurisdiction's minimum age of majority. Sponsor's, Adminstrator's, and FCA US LLC's ("Sweepstakes Partner") employees and agents, and other persons professionally associated with the Sweepstakes, including each of their immediate family and household members, are not eligible. Winner(s) may be required to furnish proof of identity, address, and age to receive a prize.
2. Sweepstakes Period: The Sweepstakes begins on Tuesday, August 1, 2017 at 12:01 AM Pacific Time and ends on Friday, September 15, 2017 at 11:59 PM Pacific Time (the "Sweepstakes Period"). Entries received prior to or following the Sweepstakes Period will be disqualified. The Sponsor's computer is the official time-keeping device for the Sweepstakes.
3. Entry: To enter the Sweepstakes for a chance to win a Break the Dawn Must Have Box, visit https://www.popsugar.com/breakthedawn and enter your email address during the Sweepstakes Period.
You may also enter by mailing your name, address, and email address to POPSUGAR Inc., 111 Sutter Street, 16th Floor, San Francisco, California 94104, Attn: Enter for a Chance to Win a Jeep Compass & Must Have #BreakTheDawn Box. You must indicate if your entry is for the Grand Prize drawing, or for the Break the Dawn Must Have Box drawing; if no indication is made, your mailed entry will be automatically entered towards the drawing of a Break the Dawn Must Have Box. Mailed entries must be postmarked no later than Friday, September 15, 2017 and received no later than Tuesday, September 19, 2017. Mechanically reproduced or pre-printed entries or mailing labels will not be accepted.
You represent and warrant that you own and possess all rights to the Instagram post that you submit to Sponsor as part of your entry into the Sweepstakes ("Your Content"), including but not limited to all rights to any trademarks, copyrights, and rights of publicity incorporated therein ("Rights"), and that Your Content is wholly created by, and original to, you. By providing Your Content to Sponsor, you hereby grant Sponsor a perpetual, irrevocable, freely sublicensable, freely transferable, and freely assignable fully paid up, royalty free license, throughout the universe to use Your Content for any purpose on any media known or unknown, coupled with the right to modify, edit, duplicate, alter, or create derivative works of Your Content. You agree that you will not possess any rights in modifications or alternations made by Sponsor or its designees in Your Content, and you hereby waive all rights to such modified and altered materials.
4. Odds: Odds of winning depend on the number of entries received.
5. Entry Limit: Limit one (1) entry per person, per email account, and per Instagram account. You may not use multiple means of entry (e.g., multiple email accounts or multiple social media accounts) to circumvent the entry limit. Prize(s): One (1) Grand Prize winner will win a 2018 Jeep Compass ("Prize Vehicle") and a Break the Dawn Must Have Box (together, the "Grand Prize"). The Grand Prize winner will also receive a one-time payment to cover sales tax and any cost of registration, title and licensing of the Prize Vehicle. All other Prize Vehicle Costs and Expenses (as defined below) are the sole responsibility of the Grand Prize winner. One thousand four hundred ninety-nine (1,499) First Place winners will each receive one (1) Break the Dawn Must Have Box (the "Runner-Up Prize"). Prizes delivered via post must be delivered to a valid U.S. address.
Approximate Retail Value ("ARV"): The ARV of the Prize Vehicle is: $28,995 USD (Manufacturer's Suggested Retail Price). Sales tax, cost of registration, title and licensing cost may vary by state. The ARV of each Break the Dawn Must Have Box: One Hundred Seventy Six Dollars ($176 USD). The ARV represents Sponsor's good-faith determination of the approximate retail value of the prize in U.S. dollars, and may differ from the actual fair market value. The actual fair market value is determined by Sponsor, is final and binding, and may not be challenged or appealed. If the ARV of a prize exceeds the actual fair market value of the prize, the difference will not be awarded to winner in cash or otherwise.
There is no cash alternative for any Prize, in whole or in part. Prizes are non-transferable and non-exchangeable. No compensation, refunds, or alternatives will be offered due to a winner's inability to attend, claim, or use a Prize. 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 Official Rules.
Except as otherwise specifically identified in these Official Rules, the Grand Prize winner is solely responsible for any costs and expenses associated with the Prize Vehicle, including but not limited to: insurance, extended warranties, and all other taxes, costs and expenses incurred in claiming, or using the Prize Vehicle ("Prize Vehicle Costs and Expenses"). The Prize Vehicle Costs and Expenses may vary depending on the state and county in which the Prize Vehicle is awarded. The Grand Prize winner is also responsible for all costs associated with any optional accessories ordered by winner, if permitted to do so by Sponsor and Sweepstakes Partner. The Prize Vehicle will be delivered to an authorized Jeep dealership selected by Sweepstakes Partner within twelve (12) weeks of the time that the Grand Prize winner is selected and has submitted any requested proof of eligibility. Transportation to the dealership is the sole responsibility of the Grand Prize winner. Grand Prize winner must take delivery and must take possession of the Prize Vehicle no later than thirty (30) days after receiving notice that the Prize Vehicle is ready to be claimed. Failure of the Grand Prize winner to take possession of the Prize Vehicle within such time will result in disqualification. The Grand Prize winner must provide evidence of insurance and a valid driver's license prior to taking possession of the Prize Vehicle.
If any winner engages or has engaged in behavior that is obnoxious, threatening, disruptive, inappropriate, illegal, or acts with the intent to annoy, abuse, threaten, or harass any other person, as determined by Sponsor in its sole discretion, Sponsor reserves the right to disqualify winner and to immediately terminate any outstanding portion of the Prize without further compensation.
6. Winner Selection: Administrator will randomly select one (1) Grand Prize winner and one thousand four hundred ninety-nine (1,499) First Place winner(s) from the entries received during the Sweepstakes Period. If there is a dispute regarding the identity of the winner, the registered account holder of the email and/or Instagram account used to submit the winning entry will be deemed the winner, subject to such owner's compliance with the Official Rules. Administrator reserves the right to deliver Prize(s) to the email or mailing address supplied by the winner at the time of entry.
7. Winner Notification and Acceptance Requirements: Winners will be notified by email. Sponsor nor Administrator is not liable for a winner's failure or inability to receive communications sent by Sponsor to the contact information provided. To receive the Prize, the winner must: (a) respond to Administrator within five (5) business days of initial contact to confirm eligibility; and (b) sign and return an affidavit or declaration of eligibility, IRS Form W-9 (if requested), and liability and publicity release (together, "Winner Paperwork") to Sponsor within five (5) business days of Sponsor's delivery.
A winner may be disqualified for: failure to timely respond to Administrator's notification, failure to timely complete and return the Winner Paperwork, failure to meet the Eligibility Requirements at the time of entry, failure to comply with the Official Rules, and/or failure to comply with applicable laws and regulations, each as determined in Sponsor's sole discretion. All winner privileges shall immediately terminate upon disqualification. If a winner is disqualified, Sponsor may select an alternative winner (up to a maximum of two alternates). No alternate winner will be drawn if a Prize is time-sensitive.
Normal time, toll, connection, and usage rates charged by your Internet Service Provider may apply. Except as otherwise provided in these Official Rules, winner(s) are responsible for all federal, state, and local taxes on the value of the Prize. Winner(s) may receive from an IRS form 1099-MISC at the end of the calendar year, a copy of which form will also be filed with the Internal Revenue Service.
Unless prohibited by applicable law, winner's acceptance of a Prize constitutes winner's irrevocable permission for Sponsor and Sweepstakes Partner to use winner's name, address, biographical information, likeness, and testimonial for advertising or publicity purposes regarding the Sweepstakes, on a worldwide basis and in all forms of media known or unknown, without further compensation.
8. General Terms: Sponsor may disqualify any individual or void any entry if the entrant corrupts or affects the administration, security, fairness, integrity, or proper conduct of the Sweepstakes. This includes, for example, the use of computer 'script,' 'macro,' or 'brute force,' masking identities by manipulating IP addresses, or using any automated means to enter the Sweepstakes.
Sponsor may disqualify any individual or void any entry if the entrant uses a username or email address that belongs to or is already being used by another person, whether actual or fictitious, that may be interpreted as impersonating another person, or violating the rights of any person.
Incomplete, illegal, misdirected, untimely, or invalid entries will not be accepted. Proof of sending is not proof of delivery. Releasees (defined below) take no responsibility for delayed, incomplete, illegible, unintelligible, misdirected, damaged, or lost entries due to technical reasons or otherwise.
If the Sweepstakes cannot be run or be administered as planned, for reasons outside of Sponsor's control, Sponsor reserves the right to cancel, modify, or suspend the Sweepstakes (subject to any written directions given under applicable law) by posting a notice on the Sweepstakes entry page. Sponsor further reserves the right to modify, cancel, or suspend the Sweepstakes if Sponsor believes doing so is necessary to maintain the integrity of the Sweepstakes or fairness to entrants.
Sponsor will not be liable for a delay or failure to perform its obligations if caused by an act, omission, event, or circumstance beyond Sponsor's reasonable control.
This Sweepstakes is governed by California law. By entering, you irrevocably consent to exclusive jurisdiction and venue of the state and federal courts located in San Francisco, California for any dispute arising from or relating to this Sweepstakes.
10. Risks; Warranties; Release of Claims: Your participation in the Sweepstakes is at your own risk. Releasees do not make, and hereby disclaim, all implied warranties of any kind relating to the Prize, including warranties of fitness for a particular purpose, merchantability, and noninfringement, or any representations regarding the function or operation of the Prize.
By entering the Sweepstakes, you agree to release and hold Sponsor, Administrator, and Sweepstakes Partner, and each of their subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers, and directors (collectively, the "Releasees") harmless from any liability, illness, injury, death, loss, litigation, claim, or damage directly or indirectly relating to (i) the provision, hosting, sponsorship, administration, suspension, or cancellation of the Sweepstakes, (ii) a person's ability or inability to enter or participate in the Sweepstakes, including those arising from technical failures, third-party telecommunication outages, or other force majeure events, (iii) any determination of disqualification or other decision made by Sponsor in its sole discretion, (iv) your ability to win, claim, or use a Prize, or to otherwise participate in any activity relating to the Sweepstakes, (v) the Prize itself, or your use or misuse of a Prize, and/or (vi) electronic or human error, or events arising from the simple negligence of one or more Releasees.
You further agree to expressly and forever waive all rights under Section 1542 of the Civil Code of California ("Section 1542") (or any similar law applicable to your jurisdiction) which reads: 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.
You acknowledge that you have had an opportunity to review these Official Rules, and Sponsor's and Sweepstakes Partner's privacy policies, and understand them. You acknowledge and agree that this is a complete RELEASE and DISCHARGE of all claims and rights against the Releasees, and that this release will be binding upon an entrant's and winner's heirs, executors, and administrators, and anyone claiming by or through an entrant or winner.
11. Third Party Platforms: If this Sweepstakes is hosted, administered, or operated on a third party platform, including without limitation social media platforms (e.g. Facebook or Instagram) (the "Third Party Platform"), then by participating in this Sweepstakes, you hereby release and hold harmless such Third Party Platform from all claims, responsibility, and liability relating to the Sweepstakes. Unless otherwise stated in these Official Rules, this Sweepstakes is not sponsored, endorsed, or administered by, or associated with, any Third Party Platform.
12. Winner Publication: The first name, last name, and state of residency for confirmed winner(s) will be available upon written request to the Sponsor at the address below, for two (2) years following the end of the Sweepstakes Period.
Sponsor: POPSUGAR Inc., 111 Sutter Street, 16th Floor, San Francisco, California 94104.