Shout-Out Series: Be Bold Deck Sweepstakes Official Rules
SHOUT-OUT SERIES: BE BOLD DECK Sweepstakes
1. OFFICIAL RULES. The following are the official rules (“Rules”) for The Shout-Out Series: Be Bold Deck Sweepstakes (“Sweepstakes”). In order to enter the Sweepstakes, you must agree to these Rules. You agree that submission of an entry form and/or participation in the Sweepstakes constitutes your agreement to these Rules.
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. ALL FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
OPEN ONLY TO ELIGIBLE LEGAL RESIDENTS OF THE 50 UNITED STATES AND DISTRICT OF COLUMBIA WHO, AS OF THE TIME OF ENTRY, ARE AT LEAST 18 YEARS OLD.
2. SPONSOR. The Sweepstakes is sponsored by LovePop Inc. (“Sponsor”), 68 Harrison Ave Suite 501 Boston, MA 02111.
3. ENTRY & ELIGIBILITY. The Sweepstakes will begin at 12:00am (EST) on September 21, 2022. To enter the Sweepstakes, you must submit a post to the Sponsor on either Instagram or TikTok completing the "How to Enter" section on the giveaway page (https://shop.lovepop.com/pages/be-bold-early-access-lp) (an “Entry”). Entries that are lost, late, incomplete, misdirected or altered for any reason, including hardware, software, browser or network failure, malfunction, congestion, or incompatibility will be ineligible. This Sweepstakes is open to individuals: (a) who are legal residents of the 50 United States, or the District of Columbia (void in Puerto Rico and all jurisdictions other than those stated above and where prohibited or restricted by law); (b) who are eighteen (18) years or older at the time of entry; (c) who are willing to comply in full with these Rules and all other terms and conditions of the Sweepstakes; and (d) are not excluded from eligibility by these Rules and/or the other terms and conditions of the sweepstakes (“Entrants”). Employees, agents, or representatives of the Sponsor or any subsidiary, affiliate, or family members of Sponsor are not eligible.
4. SUBMISSION PERIOD. The entry period for the Sweepstakes begins at 12:00am (EST) on September 21, 2022 and ends at 11:59pm (EST) on October 5, 2022 (“Submission Period”).
5. SELECTION OF WINNER/ODDS OF WINNING. The Prize (as described below) will be awarded to three (3) winners by three (3) random drawings following the end of the Submission Period. The winners will be announced and the Prize awarded on October 7, 2022. The result and decision regarding the winners selection are final and binding in all respects. The odds of winning will depend on the number of eligible Entries received during the Submission Period. The Prize is not transferable or redeemable in cash and must be accepted as awarded. Taxes related to the Prize, if any, are the sole responsibility of the winners. All costs and expenses associated with Prize acceptance and use not specifically provided herein are the responsibility of the winners.
6. DESCRIPTION OF PRIZE. There will be three (3) prizes (the “Prize”) awarded as follows: the winners will each receive a Shout-Out Series: Be Bold Deck containing 5 Cards ($29 value). IN NO EVENT WILL MORE THAN THREE PRIZES BE AWARDED IN THE SWEEPSTAKES. The Prize will be awarded “as is” with no warranty or guarantee, either express or implied, by Sponsor.
7. NOTIFICATION OF WINNER. The Winners will be notified by Direct Message and/or tagging. If the winning Entry is discovered to be invalid for any reason prior to delivery of the Prize, or if the winner cannot be contacted or do not respond within seven (7) business days, an alternate winner may be selected, at the sole discretion of Sponsor. If there is no winner by the 30th day after the end of the Sweepstakes, no further winners will be chosen.
8. PERMISSIONS: Except where prohibited by law, entry into this Sweepstakes constitutes permission to use, copy, modify, publish, and/or reproduce your Entry, including but not limited to your name, handle, likeness, image, story and photos, for any purpose, including but not limited to marketing, media, editorial, commercial, advertising, promotional and/or publicity purposes, in any form of media anywhere in the world, without any compensation to you. You also agree to participate in any marketing, media, editorial, commercial, advertising, promotional and/or publicity activity related to the Sweepstakes. Failure to comply with the aforementioned conditions shall be grounds for forfeiture of the Prize.
10. DISPUTES/CLASS ACTION WAIVER. Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Promotion or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the District of Massachusetts or the appropriate State Court located in Suffolk County, Massachusetts; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event attorneys’ fees; and (3) 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. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of Massachusetts, without giving effect to any choice of law or conflict of law rules (whether of the State of Massachusetts or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Massachusetts.
11. MISCONDUCT AND DECISIONS. Entrants are required to provide accurate, valid and truthful information at all times. Sponsor will reject and delete any Entry that it discovers to be false, fraudulent, illegal or deceptive and will disqualify any entrant who tampers with the Entry process or the operation of the Sweepstakes, or is otherwise in violation of the Rules. Sponsor is not responsible for electronic transmission errors which result in the omission, interruption, deletion, defect, destruction, alteration, and/or delay of any Entry. Sponsor is not responsible for any technical, network, electronic, computer, hardware and/or software malfunction, problem, incompatibility, congestion or failure of any kind. Sponsor reserves the right to cancel, terminate or modify the Sweepstakes at any time, in its sole discretion, if the Sweepstakes is not capable of completion as planned, including without limitation, the lack of Entry submissions, incomplete Entries, computer viruses, bugs, tampering, unauthorized intervention or technical failures of any sort, without notice. Upon cancellation or termination of the Sweepstakes for any reason, Sponsor shall have no obligation to award prizes or compensation of any kind.
By submitting an Entry and participating in the Sweepstakes, you represent and warrant that (i) your Entry is original and that you are the sole and exclusive owner and rights holder of the submitted Entry, or you have obtained the necessary permission to include the Entry in the Sweepstakes, and that you have the right and authority to submit the Entry in the Sweepstakes; (ii) your Entry does not violate any third party intellectual property, privacy or other proprietary rights; and (iii) you are otherwise not in violation of any applicable laws, rules and/or regulations.
12. DISCLAIMER AND LIMITATIONS OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU HEREBY AGREE TO INDEMNIFY, RELEASE AND HOLD HARMLESS SPONSOR AND ITS AFFILIATES, AND EACH OF THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, LICENSEES, SUCCESSORS, REPRESENTATIVES AND AGENTS, AT ALL TIMES FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, LOSSES, LIABILITIES, DAMAGES, PROCEEDINGS, COSTS (INCLUDING ATTORNEYS’ FEES) AND EXPENSES FOR ANY INJURY, DAMAGE OR LOSS CAUSED OR CLAIMED TO BE CAUSED, BASED UPON, OR ARISING FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF THE PRIZE OR ANY PART OF THE PRIZE, ENTERING THE SWEEPSTAKES, PARTICIPATION IN THE SWEEPSTAKES, OR PARTICIPATION IN ANY PRIZE RELATED ACTIVITY OR EVENT.
13. GENERAL. In no event shall Sponsor be liable to any winner or entrant for any indirect, incidental, consequential, special or punitive damages of any kind, whether in contract, tort, negligence, strict liability, statutory or any other theory of liability arising from or related to the Sweepstakes, or any aspect of winner’s or entrant’s participation in or termination from the Sweepstakes as provided herein, even if Sponsor has been advised of the possibility of such damages. In no event shall Sponsor be liable to a winner or entrant for any amount with respect to winner’s or entrant’s participation in or disqualification from the Sweepstakes, or from the termination or cancellation of the Sweepstakes. To the extent permitted by law, the rights to litigate, seek injunctive relief or to any other recourse to judicial or any other procedure in case of disputes or claims resulting from or related to the Sweepstakes are hereby excluded, and you expressly waive any and all such rights.
If any section, provision, term or clause shall be held or found to be unenforceable or invalid by a court decision, statute, rule or otherwise, the remaining provisions shall not be affected thereby and shall continue in full force and effect and such provision may be modified or severed from these Rules to the extent necessary to make such provision enforceable and consistent with the remainder of these Rules.
14. INQUIRIES OR QUESTIONS: Any inquiries or questions regarding this Sweepstakes, including any request for the name of the Winner, may be sent by email to email@example.com or by regular mail to Sponsor at its address set forth above. Requests for name of the Winner must be received no later than sixty (60) days after the end of the Submission Period.