SNOO CHRISTMAS GIVEAWAY CONTEST – AUSTRALIA
THIS CONTEST IS OPEN ONLY TO RESIDENTS 18 YEARS OF AGE OR OLDER, OF AUSTRALIA. VOID WHERE PROHIBITED. DO NOT ENTER UNLESS YOU MEET THE ELIGIBILITY CRITERIA DESCRIBED BELOW.
CONTEST DESCRIPTION: The AU Christmas Giveaway Contest (the “Contest”) is hosted by Kayla Boyd @kaylaboyd_ (the “Partner”). The Contest winners will receive one (1) SNOO Smart Sleeper by Happiest Baby, Inc. (“Happiest Baby”). The Contest begins at 8:00 a.m. Australian Eastern Standard Time (“AEST”) on Tuesday 10 December, 2019 and ends at 11:59 p.m. AEST on Friday 13 December, 2019 (the “Contest Period”). The Partner will select the Contest winner in accordance with the procedures set forth below and will announce such winner before 5:00pm on Tuesday 17 December, 2019. By participating in the Contest, you unconditionally accept and agree to comply with and abide by these Official Rules which shall be final and binding in all respects. Additionally, you represent and warrant that you meet the eligibility requirements. The Contest is not in any way sponsored, endorsed, administered by, or conducted in association with Instagram.
ELIGIBILITY: Only legal residents in Australia at the time of entry are eligible to participate. You must be eighteen (18) years of age or older at the time of entry to be eligible to enter. Directors, officers and employees of the Partner or Happiest Baby (together, the “Sponsor”), and their respective parents, affiliates, subsidiaries, divisions, distributors, agents, professional advisors, financers, printers and advertising, promotional and marketing agencies (all such individuals and entities collectively referred to herein as the “Sponsor”) and the immediate family members of each and persons living in the same household of each (whether related or not) are not eligible to win.
AGREEMENT TO RULES: By entering the Contest, you unconditionally consent to these Official Rules and you represent and warrant that you meet the eligibility requirements. In addition, you agree to accept the decisions of the Partner as final and binding as it relates to the Contest.
HOW TO ENTER: To enter the Contest, during the Contest Period: i) Comment on the Partner’s Instagram post, finishing the sentence: “All I want for Christmas is SNOO, because....” (“Submission”); and ii) follow the Partner and @Happiest_Baby on Instagram.
The Partner is the official timekeeper for the Contest. All entries must be received before the end of the Contest Period in order to participate. Should multiple users of the same Email address enter the Contest and a dispute thereafter arises regarding the identity of the entrant, the authorised account holder of said account at the time of entry will be considered the entrant. Entry must be made by the entrant. Entries made by any other individual or any entity will, if detected, be declared invalid and disqualified from the Contest. Any Submission that is considered by Partner in their sole and absolute discretion to be obscene, provocative, sexually explicit, defamatory or otherwise objectionable, in whole or in part, will be disqualified and will not be eligible for entry. Any communication or information transmitted by the Entrant’s internet service provider or otherwise is and will be treated as non-confidential and nonproprietary.
MOBILE ENTRY: If available, and if you opt to enter or receive the Partner’s messages via your wireless mobile device (which may only be available via participating wireless carriers and is not required to enter), standard text messaging and/or data rates will apply for each text message sent or received from your handset according to the terms and conditions of your service agreement with your wireless carrier. Other charges may apply (such as normal airtime and carrier charges) and may appear on your mobile phone bill or be deducted from your prepaid account balance. Wireless carriers’ rate plans may vary, and you should contact your wireless carrier for more information on messaging and data rate plans and charges relating to your participation in the Contest. Cell phone service may not be available in all areas. Check your phone’s capabilities for specific instructions.
PRIZE: The prize (the “Grand Prize”) shall consist of one (1) SNOO Smart Sleeper (retail value $1,303.50 USD). Acceptance of prize constitutes permission for Happiest Baby to use winner’s name, likeness, and entry for purposes of advertising and trade without further compensation, unless prohibited by law.The prize will be sent to the winner upon receipt of all required Prize Claim Documents (defined below). Execution and submission of the Prize Claim Documents is a condition precedent to being named a winner.
WINNER SELECTION AND NOTIFICATION: This Contest is a game of skill and chance plays no part in the selection of the winner. Each valid entry will be individually judged by the Partner based on relevance, engagement, creativity, and effectiveness in expressing the Contest theme.
After the expiration of the Promotion Period, the Partner will select one (1) potential Grand Prize winner and notify them by 5:00pm on Tuesday 17 December, 2019. The potential winner will be notified via Instagram direct message to the potential winner’s Instagram account used by the entrant to upload the Submission. At that time, the potential winner will be requested to provide email and mailing address. The Partner shall have no liability for any winner notification that is lost, intercepted or not received by a potential winner for any reason. If a potential winner does not respond within forty-eight (48) hours of the first notification attempt, the potential winner will automatically forfeit the prize and an alternate potential winner may be selected. If any potential winner is found to be ineligible, or if such potential winner has not complied with these Official Rules (including executing and timely submitting the “Prize Claim Documents” as defined below) or declines the applicable prize for any reason prior to receipt, such potential winner will be disqualified and an alternate winner may be selected from among the remaining eligible entries. The Partner may successively attempt to contact up to two (2) potential winners in accordance with such procedure, and if there is still no confirmed winner after such attempts have been made, if any, the applicable prize may go unawarded. ANY VIOLATION OF THESE OFFICIAL RULES BY WINNER (at the Partner’s sole discretion) WILL RESULT IN WINNER’S DISQUALIFICATION AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.
RIGHTS GRANTED BY YOU: By providing a Submission, each entrant into the Contest hereby grants to the Partner an irrevocable, perpetual, non-exclusive, transferable, worldwide license and right to reproduce, modify, publicly perform, publicly display, distribute and otherwise use entrant’s Submission, entrant’s name and information, likeness, voice and other attributes in all forms of media now known or hereafter developed for any lawful purpose pertaining to promoting the Sponsor’s products and services, including, without limitation, advertising and publicity purposes, as well as in connection with the Contest, without further consideration, notification or permission of such entrant or any third party. Each entrant who enters the Contest represents and warrants that (a) the Submission does not contain any harmful computer code and is not otherwise corrupted; (b) as of the date of submission, the Submission is not the subject of any actual or threatened litigation or claim; (c) the Submission does not and will not violate or infringe other people’s intellectual property (including, without limitation, copyright and trademark), privacy, publicity or other legal rights; (d) the Submission is not abusive, harassing, harmful to reputation, disparaging of Sponsor or their products, services or events, pornographic, immoral, offensive, sexually explicit, indecent, profane, obscene, hateful, racist, unnecessarily violent, derogatory of any ethnic, racial, gender, religious, professional or age group, encouraging of alcohol, illegal drugs, tobacco or firearms/weapons (or the use of any of the foregoing) or any activity that may appear unsafe or dangerous or otherwise objectionable and does not contain trademarks, logos or trade dress owned by others, without permission, any personal identification, such as full personal names, e-mail addresses or street addresses, copyrighted materials owned by others (including photographs, sculptures, paintings or other works of art or images published on or in websites, television, movies or other media). Each entrant hereby agrees to indemnify and defend the Sponsor and each of its respective parents, subsidiaries, affiliates, shareholders, directors, officers, employees and agent from and against any and all third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of any of the covenants, representations and warranties of such entrant hereunder.
GENERAL PRIZE CONDITIONS: The winner may not substitute the prize for any other prize or award. Partner reserves the right in its sole discretion to substitute the prize with a prize of comparable value if the Grand Prize is unavailable for any reason. No cash substitution is permitted except at the Partner’s discretion. The prize is non-transferable. All details and other restrictions of the Grand Prize not specified in these Official Rules will be determined by Partner in their sole discretion. The winner shall be responsible and liable for all applicable taxes, fees and costs, and the reporting consequences thereof, and for any other fees or costs associated with receipt, acceptance or use of the prize. Partner is not responsible for and will not pay any such taxes, fees or costs. Each potential winner may be required to execute an affidavit or declaration of eligibility, a liability release and (where imposing such condition is legal) a publicity release releasing Sponsor and each of their respective parents, subsidiaries, affiliates, shareholders, directors, officers, employees and agents from and against any and all claims, liabilities, contracts, agreements, causes of action, costs, expenses and obligations of every kind and nature whatsoever in and in connection with any prize an entrant may win (collectively, “Prize Claim Documents”). The execution and submission of the Prize Claim Documents to Partner shall be a condition precedent to the potential winner actually becoming a winner. If a potential winner fails or refuses to sign and return all Prize Claim Documents within three (3) days of Partner’s provision of such documents, such winner may be disqualified and an alternate winner may be selected from among the remaining eligible entries received for the Contest. The Partner reserves the right to request the potential winner to provide proof of identity and proof of residency at the nominated prize delivery address. Identification considered suitable for verification is at the discretion of the Partner. The prize restrictions/conditions stated herein are not all-inclusive and the Grand Prize may be subject to additional restrictions/conditions, which may be stated in the Prize Claim Documents. By entering the Contest, all entrants understand and agree that all Submissions are posted on the Internet (and any other media as designated by the Partner) for public view and any such posting will be deemed made at the direction of the entrant.
GENERAL CONDITIONS: The Partner reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Contest should virus, bug, non-authorized human intervention, fraud, or other cause beyond its control corrupt or affect the administration, security, fairness, or proper conduct of the Contest, the Partner may select the Winner from all eligible entries received prior to and/or after (if appropriate) the action taken by the Partner. The Partner reserves the right, in its sole discretion, to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Contest or violates these Official Rules. The Partner has the right, in its sole discretion, to maintain the integrity of the Contest, to void entries for any reason, including, but not limited to: multiple entries from the same user from different IP addresses; multiple entries from the same computer in excess of that allowed by the rules; or the use of bots, macros, scripts, or other technical means for entering.
USE OF PERSONAL INFORMATION: By entering the competition and accepting the terms and conditions, you agree that the Partner may use your personal information for the purpose of conducting the Contest, and for future promotional, marketing and publicity purposes and disclosing that information to their affiliated entities and contractors for those purposes including the use of your Instagram name in promotional formats.
LIMITATION OF LIABILITY: By entering, you agree to release and hold harmless the Sponsor and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers, and directors from any liability, illness, injury, death, loss, litigation, claim, or damage that may occur, directly or indirectly, whether caused by negligence or not, from: (i) such entrant’s participation in the Contest and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof; (ii) technical failures of any kind, including but not limited to the malfunction of any computer, cable, network, hardware, or software, or other mechanical equipment; (iii) the unavailability or inaccessibility of any transmissions, telephone, or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Contest; and (v) electronic or human error in the administration of the Contest or the processing of entries.
NATURE OF RELATIONSHIP / WAIVER OF EQUITABLE RELIEF: Each entrant hereby acknowledges and agrees that the relationship between such entrant and the Partner is not a confidential, fiduciary or other special relationship, and that such entrant’s decision to provide the entrant’s Submission to Partner for purposes of the Contest does not place the Partner in a position that is any different from the position held by members of the general public with regard to elements of the entrant’s Submission. Each entrant acknowledges that, with respect to any claim by such entrant relating to or arising out of the Contest, including but limited to a Partner’s actual or alleged exploitation or use of any Submission or other material submitted in connection with the Contest, the damage, if any, thereby caused to the applicable entrant will not be irreparable or otherwise sufficient to entitle such entrant to seek injunctive or other equitable relief, and entrant’s rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
COPY OF OFFICIAL RULES OR WINNER LIST: To receive a copy of these Official Rules or any legally required copy of the name of the Contest winner, please send an e-mail to email@example.com. All such requests must be received within 30 days after the end of the Promotion Period.
These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with law and signed by a duly authorized representative of the Partner. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. If any provision is determined to be invalid, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid provision were not contained herein.
All Rights Reserved.