CANDY CORN GUESSING INSTAGRAM SWEEPSTAKES
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
- Eligibility: The Candy Corn Guessing Game (the “Sweepstake”) is open only to legal residents of the contiguous forty-eight (48) states of the United States and the District of Columbia who are 18 years of age or older at the time of entry. Employees of FabKids, Inc. and their respective parents, affiliate companies, subsidiaries, Sweepstake agencies, suppliers and members of their immediate families, are not eligible. Void in Alaska, Hawaii, Puerto Rico and where prohibited by law. For purposes of the Sweepstake, “immediate family” is defined as spouses, parents, children, siblings and their respective spouses, regardless of whether they reside in the same household.
- Sponsor: FabKids, Inc., a Delaware Corporation located at 609 Mission Street 2nd Floor, San Francisco, CA 94105 (“Sponsor”).
- Timing: The Sweepstake 10:00am PST October 30th to November 1st 10:00am PST. (“Sweepstake Period”)
- How to Enter: During the Sweepstake Period, follow the directions on FabKid’s Instagram for entry under the sweepstake image (jar with candy corns in it). Entrants must comment with their guess of how many candy corns there are in the jar AND tag a friend in the comment to be entered to win. You can enter multiple times, but you must tag a new account each time. Entrants must have a public Instagram account to which they can be contacted if they are chosen as a winner. No more than one person can enter using the same Facebook or Instagram account. Use of any automated system to participate is prohibited and will result in disqualification. The Sweepstake is not sponsored by Instagram or Facebook.
- Entry Errors: Sponsor is not responsible for lost, late, incomplete, damaged, stolen, invalid, unintelligible or misdirected entries, which will be disqualified. Sponsor is not responsible if online service or equipment is interrupted including without limitation (1) interruptions to any network, server, Internet, Web site, telephone, satellite, computer or other connections, (2) failures of any telephone, satellite, hardware, software or other equipment, (3) garbled, misdirected or jumbled transmissions, or traffic congestion, (4) other errors of any kind, whether human, technical, mechanical or electronic, (5) the incorrect or inaccurate capture of information or the failure to capture any such information, or (6) printing or typographical errors.
- Selection of Winner: Sponsor will select one (1) random winner from the pool of entrants (“Winner”). Odds of winning depend on the number of eligible entries received. The Winners will be notified via a comment on the entry photo within five (5) days after the Sweepstake Period ends and will be asked to E-mail FabMoms@FabKids.com to claim their prize. Entrants are responsible for insuring that their Facebook and Instagram account information is up-to-date and accurate. Prize notices returned as undeliverable will result in the disqualification of the potential prize winner(s) and an alternate winner will be selected. Sponsor’ decisions as to the random drawing are final and no correspondence will be entered into. Winner(s) will have seven (7) business days to claim their prize via E-mail message to FabMoms@FabKids.com. If the Winners are discovered to be invalid for any reason prior to delivery of the Prize, or if the Winner(s) cannot be contacted or does not respond within the 24 hour time period, an alternate winner may be selected, at the sole discretion of the Sponsor. If there is no winner by the 30th day after end of Sweepstakes, no further winners will be chosen. The name of the Winner will be posted on the FabKids Facebook page located at www.facebook.com/lovefabkids within fourteen (14) business days after end of Sweepstakes.
- Prizes: The Winner will receive a gift card for one (1) outfit credit to FabKids.com. Total dollar value of prizes in this Sweepstake is $29.95.
- Terms and conditions of Prize Drawings: (1) Prizes cannot be combined with any other offer; (2) Income and other taxes are the sole responsibility of winner (3) Prizes are non-transferable, non-refundable and have no cash value if not used.
- 10. Acceptance of Official Rules: As a condition of entry, participants fully and unconditionally agree to these Official Rules, to the Terms and Conditions of Prize Drawings and to Sponsor’s decisions, which are final and binding in all respects. Sponsor’s failure to enforce any provision of these Official Rules shall not constitute the waiver of such provision.
- Disputes: In the event of a dispute, the person to whom the Account Name used to enter the Sweepstake was registered will be deemed the winning entrant. Potential winners may be required to show proof of identification in conjunction with prize award/acceptance.
- Substitution, Taxes: No assignment or transfer of prizes will be permitted, except at Sponsor’s sole discretion. WINNERS ARE SOLELY RESPONSIBLE FOR ALL FEDERAL, STATE AND LOCAL TAXES ASSOCIATED WITH THE RECEIPT OF PRIZES.
- Potential Winner(s), Publicity: As a condition of entry, you grant consent to Sponsor, and their respective agents to use, copy, modify, publish, and/or reproduce Entry, including but not limited to your name, likeness, voice, and biographical information for any purpose, including but not limited to marketing, media, editorial, commercial, advertising, promotional and publicity purposes in any media format or manner anywhere in the world, without payment, consideration, notice or approval and without geographic or time limitation, except where prohibited by law.
- Representation & Warranties: 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 or proprietary rights; and (iii) you are otherwise not in violation of any applicable laws, rules and/or regulations.
- Liability: You agree that Sponsor and their respective parents, subsidiaries and affiliated companies and all their advertising and Sweepstake agencies, as well as Facebook, Inc. and Instagram, Inc. (the “Released Parties”), will have no liability whatsoever in connection with this Sweepstake and, you shall hold them harmless for any injuries, losses or damages of any kind that you or others may incur as a consequence of your participation in the Sweepstake or your acceptance, use or misuse of the prize. By entering the Sweepstake, entrant explicitly releases, discharges and holds harmless the Sponsor, their successors and assigns and all their respective shareholders, directors, officers and employees, as well as Facebook, Inc. and Instagram, Inc., one and all, from any and all liability, actions, causes of action, damages, actual, incidental or consequential, claims and demands whatsoever in law or equity, including attorneys’ fees and/or experts fees and costs, which he/she now has or may acquire, by reason of any personal injury, death, loss of or damage to property, or any reason, occurring during or arising out of his/her participation in the Sweepstake and the acceptance and use or misuse of the prize. The Released Parties are not responsible for any injury or damage to persons or property, which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstake or receipt or use or misuse of the prize.
- 15. Conditions of Participants’ Conduct: Sponsor reserves the right in its sole discretion, to modify, cancel, terminate, and/or suspend the Sweepstake for any reason and to disqualify any individual or Winner who is found to have tampered with the entry process, is suspected to have violated these Official Rules in any capacity, or acts in a disruptive or unsportsmanlike manner. In the event that the Sweepstake is terminated early, Sponsor will make the prizes available to be won among all eligible persons who entered prior to the date of termination and notice of such action will be posted on Sponsor’ Website (www.fabkids.com). Without limiting the foregoing, Sponsor may lock out any entrant who, in Sponsor’s sole judgment, has been disqualified, has questionable eligibility or is otherwise ineligible to enter.
- Disputes/Choice of Law: Except where prohibited, each entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Sweepstake or the awarding of the prizes shall be resolved individually, without resort to any form of class action, and exclusively by state or federal courts situated in State of California (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorneys’ fees; and (3) no punitive, incidental, special, consequential or other damages, including without limitation, lost profits, may be awarded (collectively, “Special Damages”), and (4) entrant hereby waives all rights to claim Special Damages and all rights to have such damages multiplied or increased. California Law, without reference to choice of law rules, governs the Sweepstake and all aspects related thereto.
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.
In no event shall Sponsor be liable to a 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 Sweepstake, or any aspect of winner’s or entrant’s participation in or termination from the Sweepstake 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 Sweepstake, or from the termination or cancellation of the Sweepstake. 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 Sweepstake are hereby excluded, and you expressly waive any and all such rights.
- 13. General: 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.