****OFFICIAL SWEEPSTAKES RULES****
NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY
TO ENTER OR WIN THIS SWEEPSTAKES
VOID WHERE PROHIBITED BY LAW
Sponsor. The Late July® Earth Day Giveaway (the “Sweepstakes”) is sponsored by Late July Snacks, 595 Westport Ave, Norwalk, CT 06851 (“Sponsor”). The Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Instagram.
ELIGIBILITY: This Contest is only open to legal residents of the fifty (50) United States and the District of Columbia who are at least 18 years of age at the time of entry. Employees of Late July Snacks, LLC (“Sponsor”) and their respective parents, subsidiaries and affiliate companies and advertising and promotion agencies, as well as the immediate family (spouse, parents, siblings and children and their respective spouses, regardless of where they reside) and household members of each such employee, whether or not related, are not eligible. The Sweepstakes is subject to all applicable federal, state, and local laws and regulations and is void where prohibited. Participation constitutes an entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein. The Sweepstakes is sponsored by Sponsor and is in no way sponsored, endorsed or administered by, or associated with, Facebook, Twitter, Instagram or other social platform where this contest may be promoted.
Application of Rules. By entering the Sweepstakes, each entrant warrants that he/she has read and agrees to abide and be bound by these Official Rules and that he or she is not prohibited from participating in the Sweepstakes. Entrant agrees that Sponsor retains full authority, in its sole discretion, to interpret and administer these Official Rules, and to be bound by all decisions and interpretations made in good faith by Sponsor. Sponsor shall have the absolute right to determine if an entry is in compliance with these Official Rules without notice to the person attempting to enter.
Entry. The Sweepstakes begins at 7:00AM Eastern Standard Time (EST) on April 22nd, 2019 and ends at 11:59PM. (EST) on April 22nd, 2019(the “Sweepstakes Period”). By entering the Sweepstakes, each entrant agrees to these Official Rules and the decisions of Sponsor, which are final and binding in all respects.
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR TO WIN. A PURCHASE WILL NOT INCREASE THE CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.
To enter, visit the @LateJulyOrganic Instagram page (www.instagram.com/latejulyorganic) during the Sweepstakes Period, follow @LateJulyOrganic, and tag one (1) friend in the comments of the Sweepstakes post.
All entries must be received within the Sweepstakes Period. Sponsor’s computer clock is the official timekeeping device of the Sweepstakes. Limit one (1) entry per Instagram account during the Sweepstakes Period. Entries received in excess of the above stated limitation will be void.
If there is a dispute over the identity of an entrant, the entry will be deemed submitted by the Authorized Instagram Account Holder associated with the username used to enter via Instagram. The Authorized Instagram Account Holder is defined as the natural person to whom the Instagram account is assigned by Instagram, respectively. Participant, under this method, must enter using only an Instagram account subscribed to and registered in participant’s name. The potential winner may be required to provide Sponsor with proof that he/she is the authorized account holder of the Instagram account associated with the winning entry. If a dispute cannot be resolved to Sponsor’s satisfaction, the affected entry will be deemed ineligible.
Entries that have been generated by a script, macro, bot or any other automated means will be deemed void. Participants may not register with multiple Instagram accounts nor may entrants use multiple devices or artifices to enter the Sweepstakes multiple times or as multiple entrants. Any entrant who attempts to enter with multiple accounts under multiple identities will be disqualified in Sponsor’s discretion. Proof of submission of an entry shall not be deemed proof of receipt by the Sponsor.
All comments posted to enter the Sweepstakes must be in keeping with the Sponsor’s positive image and may not be offensive or inappropriate, as determined by Sponsor in its sole discretion, nor can it defame or invade publicity or privacy rights of any person, living or deceased, or entity, or otherwise infringe upon any person’s or entity’s personal, intellectual property or property rights or any other third party rights. Comments must be suitable for online publication accessible to the general public. Sponsor reserves the right to eliminate any entries that it determines, in its sole discretion, contain inappropriate content or content that may be deem obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or unlawful, including, without limitation, obscenities, threats, violence, unsafe behavior or situations, or disparagement of any product, service or person.
Neither Sponsor nor its advertising and promotion agencies are responsible for lost, late, incomplete, illegible, inaccurate, misdirected entries, or for any problems of any kind whether mechanical, human or electronic, including, but not limited to, computer, telephone, cable, network, satellite, electronic or Internet hardware or software malfunctions, failures, connections, availability or garbled or jumbled transmissions, or service provider/Internet accessibility or availability, traffic congestion, or unauthorized human intervention. Sponsor reserves the right to suspend or terminate the Sweepstakes in the event of any such problem. Entries not in compliance with these Official Rules are disqualified. Sponsor shall have the absolute right to determine if an entry is in compliance with these Official Rules without notice to the person attempting to enter.
Prizes. One (1) winner will receive two (2) Late July tote bags, with an approximate total retail value (“ARV”) of $20. Specifics relating to the prize not specified herein are at sole discretion of Sponsor. The winner is solely responsible for any costs and expenses due in connection with the prize not specified herein. The prize may not be transferred or assigned, except at the Sponsor’s sole discretion. No cash value or substitution of the prize will be permitted or provided, except that Sponsor, in its sole discretion, may provide a prize of comparable or greater value. The winner is solely responsible for reporting and paying any and all applicable federal, state and local taxes due in connection with the prize. Receipt of the prize is conditioned upon compliance with all applicable federal, state and local laws, rules and regulations and these Official Rules.
Selection of Winner and Notification. Each eligible entry submitted during the Sweepstakes Period will be entered into a random drawing to be held at the conclusion of the Sweepstakes Period. One (1) Potential winner will be selected at random by Sponsor, whose decision will be final and binding, from all eligible entries received during the Sweepstakes Period. Odds of winning depend on the number of eligible entries received in the Sweepstakes Period. In the event a winning entry is discovered to be invalid for any reason whatsoever or the person who submitted the winning entry either fails to comply with these Official Rules prior to delivery of the prize or refuses the prize or any portion thereof, the prize may be forfeited and awarded to an alternate winner selected at random from the remaining eligible entries at Sponsor’s discretion. An alternate winner will be selected at random from the remaining eligible entries until the prize has been awarded.
Sponsor will contact the potential winner via Instagram Direct Message, post and/or tagging after the random drawing to obtain additional information reasonably necessary to verify eligibility. The potential winner will be required to direct message (DM) Sponsor with his/her contact details and provide the additional information requested by Sponsor to verify eligibility. By direct messaging Sponsor, Sweepstakes entrant warrants and represents to Sponsor that the information contained in such direct message is true and correct in all material respects and that Sponsor may rely on such information in its efforts to comply with applicable laws and regulations. It is acknowledged and understood that such information is being provided to Sponsor and not to Instagram. The potential winner must continue to comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. Sponsor reserves the right to require the potential winner to show proof of identity prior to receiving any prize.
Upon contacting a potential winner and determining that he/she has met all eligibility requirements for the Sweepstakes, including without limitation the execution of an affidavit of eligibility and liability/publicity release (except where prohibited by law) and completion of such other documents as Sponsor may reasonably require in order to claim his/her prize, if applicable, such individual will be declared the “winner” of the Sweepstakes.
Sponsor shall not be responsible for (i) the failure of a potential winner to receive Sponsor’s notification for any reason, or for the inability of such potential winner to respond to Sponsor’s notification for any reason; (ii) failed, returned or misdirected notifications due to inaccurate information provided by an entrant; (iii) submissions and responses to winner notifications which are lost, late, incomplete, illegible, unintelligible, misdirected, damaged or otherwise not received, in whole or in part, by Sponsor.
CONDITIONS OF PARTICIPATION: Potential winner may forfeit prize if he/she fails to contact Sponsor via the designated platform messaging mechanic to claim the prize as required in these Official Rules. In such event, the prize will be forfeited. Sponsor reserves the right to substitute prize for an item of equal or greater value in the event an offered prize becomes unavailable for any reason. All federal, state and local laws and regulations apply. Entrants agree to be bound by the terms of these Official Rules and by the decisions of Sponsor, which are final and binding on all matters pertaining to this Contest. Potential Prize Winners must acknowledge acceptance of prize and confirm their name, email address and shipping address via response on social media within 72 hours following the date of Sponsors first notification. Failure to comply with this deadline may result in forfeiture of the prize and selection of an alternate winner, if time permits. All properly claimed prizes will be awarded. In case of dispute as to identity of entrant, entry will be declared made by the authorized account holder of the Instagram account which submitted the entry. “Authorized Account Holder” is defined as the natural person who is assigned the respective social media account by the platform provider responsible for assigning accounts. Any other attempted form of entry is prohibited; no automatic, programmed; robotic or similar means of entry are permitted.
GENERAL CONDITIONS: By entering the Contest, each entrant, on behalf of himself/herself, and his/her executors and heirs, agrees (a) to be bound and abide by these Official Rules and by all decisions of Sponsor, whose decisions are final and not open to appeal; (b) to release, indemnify, defend and hold harmless Sponsor, and its and their parents, subsidiaries, affiliates, members, shareholders, agents, representatives, employees, suppliers, agencies, successors, assigns, licensors, advertising and/or promotional agencies and any prize-sponsoring agency (collectively, “Released Parties“), from any and all liability whatsoever in connection with or related to this Contest, including, without limitation, from any and all causes of action, liabilities, suits, claims (including but not limited to, third party claims that may be made against entrants, and claims arising out of or relating to acceptance, receipt, possession or use/misuse of any prize, or any publicity or other public exposure of entrants, including without limitation, claims concerning infringement or invasion of entrants’ privacy or publicity rights, or defamation, or acts undertaken in preparation for, or participation in, the Contest), cross-claims or counterclaims, costs, injuries, losses or damages or demands of any kind (including without limitation personal injuries, death, damage to, loss or destruction of property, rights of publicity or privacy, defamation, or portrayal in a false light) (collectively, “Claims“), WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF A RELEASED PARTY; (c) on behalf of himself/herself, and his/her executors and heirs that he/she has no right to bring, and covenants not to bring, any claim, action, or proceeding of any kind or nature whatsoever against the Released Parties; (d) to assume all risks, express or implied, associated with all Claims released above, including without limitation, all risks concerning entry into and participation in the Contest; and (e) that NEITHER SPONSOR NOR ANY OF THE RELEASED PARTIES HAVE MADE OR MAKE OR ARE RESPONSIBLE OR LIABLE FOR ANY WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, RELATIVE TO THIS CONTEST OR A PRIZE, INCLUDING BUT NOT LIMITED TO, ITS QUALITY OR FITNESS OR MERCHANTABILITY, AND ALL PRIZES ARE TENDERED TO ENTRANTS ON AN “AS IS” BASIS. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE DESCRIPTION ON THE FACE OF ANY PROMOTIONS MATERIALS OF ANY PRIZE. Notwithstanding anything to the contrary contained in these Official Rules, Sponsor further reserves the right, in its sole discretion, to suspend, modify or cancel the Contest, or any portion thereof, if it cannot be run as originally planned, including by reason of tampering, unauthorized intervention or fraud; infection by computer virus; malicious software attacks, bugs or other problems; or force majeure or other causes beyond the control of Sponsor which impair the integrity or corrupt the administration or security of the Contest. In such event, the Contest shall be conducted from among all eligible entries received, if any, prior to such suspension, modification or cancellation. Sponsor is not responsible for any typographical or other error in the printing of the rules, or the administration of the Contest.
LIMITATIONS OF LIABILITY. The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, typographical, printing errors or by any of the equipment or programming associated with or utilized in the Contest; (2) for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties; (3) unauthorized human intervention in any part of the entry process or the Contest; (4) other errors or problems of any kind relating to or in connection with the Contest, whether computer, network, technical, mechanical, typographical, printing, human or otherwise, including, but not limited to, errors or problems which may occur in the administration of the Contest or the processing of entries, the announcement of the prizes or in any Contest-related materials; (5) late, lost, undeliverable, inaccurate, incomplete, misdirected, delayed, damaged, garbled or stolen entries or mail; or (6) 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 Contest or receipt or use or misuse of the prize. If for any reason an entrant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Contest, if it is possible. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims.
DISPUTES: Except where prohibited, each entrant agrees: (i) any and all disputes, claims, and causes of action arising out of or connected with this Contest or any prizes awarded shall be resolved individually, without resort to any form of class action, and exclusively by the federal or state courts in the State of Connecticut; (ii) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, excluding attorneys’ fees; and (iii) under no circumstances will entrant be permitted to obtain an award for, and each entrant hereby waives all rights to claim, punitive, incidental, and consequential damages and any other damages, other than for actual out-of-pocket expenses. All claims or disputes related to or involving these Official Rules and/or this Contest shall be governed by and construed in accordance with the laws of the State of Connecticut, without giving effect to any choice of law or conflict of law rules, which would cause the application of the laws of any jurisdiction other than the State of Connecticut.
PUBLICITY: Acceptance of the prize constitutes permission for Sponsor and its advertising and marketing agencies to use winner’s hometown, opinions, name, likeness and/or voice for advertising and promotional purposes without additional compensation, except as otherwise prohibited by law.
WINNER’S LIST: For the name of the winners, send a self-addressed, stamped envelope to: “Late July Earth Day Giveaway Winners List”, 595 Westport Ave, Norwalk, CT 06851. Requests must be accompanied by a self-addressed, stamped envelope, and must be received by Sponsor by June 1st, 2019Any requests received after that date will not be honored.
SPONSOR: Late July Snacks, LLC, 595 Westport Ave, Norwalk, CT 06851