Holiday Shopping Spree Giveaway Rules
The following are the official rules for the Holiday Shopping Spree Giveaway (the “Promotion”). This promotion is sponsored by Social5 (“Sponsor”), 13961 S. Minuteman Dr, Draper, UT 84020. Sponsor is offering the Promotion through and on behalf of a select group of its customers, in addition to a select group of customers from POWR. The customers of the Sponsor offering the Promotion, and the customers of POWR, shall be the “Hosts”. The individual customer through which you received contact about the Promotion is the “Host”. You will know the identity of the Host through the method by which you received notice of the Promotion (i.e. the Host’s website, Facebook page, or email). Together the Sponsor and Hosts are the “Promotion Entities”.
How to Enter: Beginning at 12:01 a.m. Eastern Time on December 1, 2023 until 11:59 p.m. Pacific Time on December 14, 2023 (the “Promotion Period”), you may enter the Promotion by accessing the Promotion Facebook Application (the “Facebook Page”); filling out the information requested by the Promotion entry form (the “Entry Form”) provided from posts on the Facebook Page; and submitting the Entry Form by clicking “submit”; or by filling out an entry form on a Host’s website with both your name and email. Incorrect and incomplete entries are void. Becoming a fan of the Host page on Facebook does not constitute an entry into the Sweepstakes. Entrants understand that they provide their information to the Host.
Limit of one (1) entry per eligible person during the Promotion Period. Multiple participants are not permitted to share the same email address. Any attempt by you to obtain more than the permitted number of entries by using multiple/different email addresses, identities, registrations or logins, or any other methods may void your entries and you may be disqualified from the Promotion. In the event of a dispute as to any online entry, the authorized account holder of the email address used to enter will be deemed to be the entrant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Potential winners may be required to show proof of being the authorized account holders.
This Promotion is valid only in the United States, excluding Rhode Island. Void where prohibited by law. You must be 18 years or older to win, and be a legal resident where valid, except employees and members of their households and immediate families (spouses, parents, siblings, children and each of their respective spouses) of the Promotion Entities and their respective parent companies, subsidiaries, and affiliates, and their advertising and promotion agencies and all local sponsors. No purchase necessary to enter or win. Purchases do not increase your chances of winning.
When you enter, you will be asked for your name and email. Through this entry you consent to receive promotional e-mails and reminders for upcoming promotions and information about the Host. Your consent to receive such e-mails is optional and may be withdrawn at any time without affecting your eligibility to enter the Promotion and does not reduce your chances of winning. With the exception of the winner, your name and contact information will remain only with the Host and will not be retained by the Sponsor or any of the other Hosts. Any information you submit as part of the Promotion will be treated in accordance with the Privacy Policy of the Host through which you submitted your information. The Host may not have an active Privacy Policy. Except where prohibited, participation in the Promotion constitutes your consent to Sponsor’s use of your name, likeness, entry, and state of residence for promotional purposes in any media without further payment or consideration.
Limitations of Liability: The Promotion Entities, their respective affiliates, subsidiaries, parent, advertising and promotion agencies, and their respective officers, directors, shareholders, employees and agents, and any and all Internet servers and access provider(s) are not responsible for: any incorrect or inaccurate entry information; human error; technical malfunctions; failures, omission, interruption, deletion, or defect of any telephone network, computer online systems, computer equipment, server providers, or software, including any injury or damage to your or any other person’s computer relating to or resulting from participation in this Promotion; inability to access the Website or Facebook; theft, tampering, destruction, or unauthorized access to, or alteration of entries; transactions that are processed late or incorrectly or are incomplete or lost due to computer or electronic malfunction or traffic congestion on the Internet or at any web site; printing or human or other errors; and any entries which are late, lost, incomplete, misdirected, stolen, or any combination thereof. Online submission is not considered proof of delivery or receipt. All entries become the property of Sponsor and will not be returned. By entering, you agree to release, discharge, indemnify and hold harmless the Promotion Entities and their respective parent companies, subsidiaries, their respective representatives and agents, advertising and promotion agencies, promotion partners and prize suppliers, and all of their respective affiliated companies, employees, officers, directors and shareholders, from and against all claims and damages or liability arising in connection with your participation and/or entry in the Promotion and/or their receipt or use of any prize awarded in this Promotion or due to any injuries, damages or losses to any person (including death) or property of any kind resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any prize or participation in any Promotion-related activity or participation in this Promotion. Except where prohibited by law, the winner’s entry and acceptance of the prize constitutes permission for the Promotion Entities to use said winner’s and any travel companion’s names, photographs, likenesses, statements, biographical information, voices, and city and state addresses on a worldwide basis, and in all forms of media, in perpetuity, without further compensation. If by reason of a printing or other error, more prizes are claimed than the number set forth in these rules, all persons making purportedly valid claims will be included in a random drawing to award the advertised number of prizes available in the prize category in question. No more than the advertised number of prizes will be awarded. The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.
How Winner will be Determined: The potential winner will be selected at random from among all eligible entries on Friday, December 15, 2023 by Sponsor, and will be contacted by email within 24 hours. Sponsor’s decisions with respect to the winner and other matters pertaining to the Promotion shall be final. The winner may be required to sign an affidavit of eligibility and release of liability and publicity (where permitted), and return same, properly executed, within five (5) days of issuance of prize notification. If Sponsor is unable to contact the prize Winner within 24 hours of first email notification attempt, Sponsor will again attempt to contact through the email address provided in the entry. If the winner cannot be reached within 48 hours of the completion of the contest, or if the winner fails to complete and return all requested forms by the specified date, or if the winner fails to comply with any of the requirements, his/her prize will be forfeited and an alternate prospective winner shall be selected. The odds of winning depend upon the number of eligible entries received. Winner’s list may be obtained by mailing the home office at 13961 S. Minuteman Dr., Draper, UT, 84020.
Conditions of Entry: Entry materials that have been tampered with or altered are void. If, in the Sponsor’s opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Promotion, or if computer virus, unauthorized intervention, fraud, or technical difficulties or failures compromise or corrupt or affect the administration, integrity, security, fairness, or proper conduct of the Promotion, the Sponsor reserve the right at its sole discretion to disqualify any individual who tampers with the entry process and void any entries submitted fraudulently, to modify or suspend the Promotion, or to terminate the Promotion and conduct a random drawing to award the prizes using all eligible, non-suspect entries received as of the termination date. Should the Promotion be terminated prior to the stated expiration date, notice will be posted on the Website. In the event of a dispute as to the identity of the winner based on an e-mail address, the winning entry will be declared made by the authorized account holder of the e-mail address submitted at time of entry. CAUTION: ANY ATTEMPT BY YOU TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY’S FEES) FROM YOU TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
Prize: The winner shall receive the following: A $300 Amazon Gift Card, delivered electronically, as well as 2 $100 Amazon Gift Cards, delivered electronically to two persons of the winner’s choosing (one gift card per person). Approximate retail value (“ARV”) of the Grand Prize is $500, good for the aforementioned prize being delivered to the winner (and persons of the winner’s choosing). The specifics of all aforementioned elements of the prize in the Promotion shall be solely determined by Sponsor. All costs, taxes, fees, and expenses associated with any element of any prize not specifically addressed above are the sole responsibility of the respective winner. All federal, state and local taxes on the prize is the winner’s responsibility. The winner may be issued a 1099 tax form for the actual value of the prize. Winner may be required to complete and return any tax forms necessary for Sponsor to produce the 1099.
No refund or compensation will be made in the event of the cancellation or delay of any prize. Winner will not receive difference between actual retail value and ARV. The prize is non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute the prize (or a component thereof) for one of equal or greater value if the designated prize should become unavailable for any reason. If the winner is unable to fulfill these terms and conditions during time period, winner then forfeits the prize in its entirety and an alternate winner may be selected. All travel dates will be determined by the Sponsor, and once made may not be altered except by Sponsor. Some restrictions may apply. All expenses not specifically identified as included as the prize in the Promotion are the sole responsibility of the winner. The winner and his/her travel companion, if any, are responsible for obtaining travel insurance (and all other forms of insurance) at their option and hereby acknowledge that the Sponsor has not and will not obtain or provide travel insurance or any other form of insurance. Once the travel companion, if any, is selected, he/she may not be substituted, except at the Sponsor’s sole discretion. Travel companion of the winner must be at least eighteen (18) years of age or older, unless accompanied by his/her parent or legal guardian, and must sign a Liability and Publicity Release. If potential winner’s travel companion fails to return such documents within date and/or time indicated within such documents, then the potential winner may forfeit the right to the travel companion.
Disputes/Governing Law: All issues and questions concerning the construction, validity, interpretation and enforceability of these rules, or the rights and obligations of any entrant or the Promotion Entities in connection with the Promotion, shall be governed by and construed in accordance with the laws of the State of Utah without giving effect to any choice of law or conflict of law rules or provisions which would cause the application or the laws of any jurisdiction other than the State of Utah. Any action or litigation concerning these rules shall take place exclusively in the federal or state courts sitting in Salt Lake or Utah Counties, Utah, and you expressly consent to the jurisdiction of and venue in such courts and waive all defenses of lack of jurisdiction and inconvenient forum with respect to such courts. Any and all disputes, claims, and causes of action arising out of or in connection with this Promotion, shall be resolved individually, without resort to any form of class action. You agree to service of process by mail or other method acceptable under the laws of the State of Utah. ANY CLAIMS, JUDGMENTS AND/OR AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS ASSOCIATED WITH ENTERING THIS PROMOTION. YOU (AND YOUR PARENTS OR LEGAL GUARDIANS IF YOU ARE A MINOR) HEREBY WAIVE ANY RIGHTS OR CLAIMS TO ATTORNEY’S FEES, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ENTRANT, IDENTIFIABLE PERSONS, OR THIRD PARTY PARTICIPANTS, WHETHER FORESEEABLE OR NOT AND WHETHER BASED ON NEGLIGENCE OR OTHERWISE.