OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN A PRIZE IN THIS SWEEPSTAKES (DEFINED BELOW). A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW
ENTRY VIA INSTAGRAM OR FACEBOOK ONLY AND AN INSTAGRAM OR Facebook ACCOUNT, Elfster ACCOUNT AND INTERNET CONNECTION ARE REQUIRED. A “PROTECTED” INSTAGRAM ACCOUNT MAY NOT BE ABLE TO SEND ENTRIES. THE SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY Facebook, INC. OR FACEBOOK, INC..
BY ENTERING THE SWEEPSTAKES YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE SPONSOR FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
GENERAL
1. Sponsor
Contest (“Sweepstakes”) is sponsored by Elfster, 2930 Domingo Ave #531, Berkeley, CA 94705
2. Eligibility:
The Sweepstakes is open only to legal residents of any of the fifty (50) United States, who are at least eighteen (18) years of age and the age of majority in their state or country of residence on the date of entry and who have an Elfster Account. Employees, officers, directors, members, managers, agents, and representatives and family members of such individuals (or people living in the same household whether related or not) of Sponsor, or their corporate partners, parent companies, divisions, subsidiaries, affiliates, successors in interest, advertising, promotion, and public relations agencies (collectively, the “Sweepstakes Entities”) are not eligible. For the purposes of the Sweepstakes, family members are defined as spouse, partner, mother, father, legal guardian, in-laws, grandmother, grandfather, brother, sister, children and grandchildren (including “step” as they may apply).
3. Sweepstakes Period:
The “Sweepstakes Period” begins at midnight Eastern Standard Time (“EST”) on Friday September 9 and ends at midnight EST on Sunday September 25. Prize Winners will be selected during the Sweepstakes Period.
4. How to Enter:
To participate and enter this Sweepstakes, you will need an Instagram or Facebook account (either a “Social Media Account”) and an Elfster account.
To enter the Sweepstakes, eligible individuals (“Entrants”) must follow the official Elfster account in either Facebook or Instagram (whichever platform you want to enter through) and retweet or share Elfster’s Facebook post with Entrant’s CashTag (an “Entry”).
If you don’t already have an Instagram account, visit www.Instagram.com to create one; creating an Instagram account is free. By submitting your information and creating an Instagram account, you will be required to agree to the Instagram terms of service and privacy notice. If you do not agree to Instagram’s terms of service and privacy notice, you cannot create an Instagram account.
If you don’t already have a Facebook account, visit www.Facebook.com to create one; creating a Facebook account is free. By submitting your information and creating a Facebook account, you will be required to agree to the Facebook terms of service and privacy notice. If you do not agree to Facebook’s terms of service and privacy notice, you cannot create a Facebook account.
If you don’t already have a Elfster Account, visit www.Elfster.com. It is free to create an Elfster account. By submitting your information and creating an Elfster account, you will be required to agree to the Elfster terms of service and privacy notice. If you do not agree to the Elfster terms of service and privacy notice, you cannot create an Elfster Account.
To enter the Sweepstakes, eligible individuals (“Entrants”) must (1) hashtag (#elfsterlove2022) a posts using video to promote Elfster on either Instagram or Facebook, and (2) state why you love using Elfster.
Sponsor may disqualify entries if the Entry and related tag includes inappropriate, offensive, or other derogatory language or information. Sponsor reserves the right to remove, reject, or disqualify (along with the entrants who submitted them) any Entry or related tag which, in its opinion, (a) violates any of these Official Rules, the terms of service and privacy policy of Elfster, (b) infringes, misappropriates, or violates any rights of any third party including, without limitation, patent, copyright, trademark, trade secret, or right of privacy or publicity, or (c) is otherwise inappropriate for inclusion in the Sweepstakes.. Other proof of submitting an Entry (such as a printed or copied screenshot or message) does not constitute proof of actual receipt of the Entry for purposes of this Sweepstakes. Multiple entries per person are welcome. Attempts made by an individual to submit Entries in violation of these Official Rules by using multiple or false contact information or otherwise may be disqualified. Entries that are generated by a macro, bot, or other automated means will not be accepted and will be void. Entries made by any other individual or any entity or group, or originating at any website other than as set forth specifically above, including, without limitation, through commercial sweepstakes subscription notification or entering services, will be declared invalid and disqualified for this Sweepstakes. As a condition of entering the Sweepstakes, without limiting any other provision in these Official Rules, each entrant gives consent for Sponsor and its agents to obtain and deliver his or her name, address and other information to third parties for the purpose of administering this Sweepstakes and complying with applicable laws, regulations, and rules. Such third parties may use your information for their own independent purposes in accordance with their own independent privacy practices. Except as otherwise contemplated in these Official Rules, Sponsor will use personal information collected in connection with the Sweepstakes in accordance with its online privacy policy, located at: https://www.elfster.com/content/privacy/
Note about Facebook and Instagram:
Sweepstakes Entities are not responsible for any changes or unavailability of the Facebook or Instagram service that may interfere with the Sweepstakes (including any limitations, any restrictions, or any conditions on Sponsor’s ability to use Facebook or Instagram for the Sweepstakes as set forth herein that are not acceptable to Sponsor) or ability of entrant to timely enter, receive notices or communicate with Sponsor via Facebook or Instagram, in which case Sponsor, in its sole discretion, may terminate or modify the Sweepstakes. It is a potential winner’s responsibility to set his/her Social Media Account as applicable, to accept contacts by Sponsor and to timely check such account for any Sponsor direct messages.
5. Winners Selection: Prize Winners will be chosen at random. Your odds of winning depend on the number of eligible Entries received.
6. Winner Notification: The Prize Winners will be notified via direct message or email from Elfster (a “Winner Notification”).
If any Winner Notification or other Sweepstakes communication is rejected or returned as undeliverable, if a potential Winner cannot be reached after a reasonable attempt has been made by Sponsor (as determined by Sponsor in its sole discretion), if a Winner cannot attend or participate in any portion of the applicable Prize, or if the potential Winner fails to respond to a Winner Notification and/or to complete the Entry within the time periods set forth herein, the prize will be forfeited in Sponsor’s sole discretion and an alternate winner may be selected (time permitting) based on the original method of winner selection in Sponsor’s sole discretion. Sponsor may only look to five (5) alternate winners for the applicable Prize, at which point the applicable Prize may be deemed unclaimed and Sponsor will have no further obligation with respect to such Prize. Sponsor reserves the right to modify the notification procedures in connection with the selection of any alternate potential Winner. If legitimately claimed in compliance with these Official Rules, the Prize will be awarded. To claim a Prize, a Winner must follow the directions in his or her Winner Notification.
7. Prizes:
PRIZE 1: $250 Amazon Gift Card
PRIZE 2: $250 Amazon Gift Card
PRIZE 3: $250 Amazon Gift Card
All Prize details not specified in these Official Rules will be determined in Sponsor’s sole discretion. Sponsor is not responsible for and will not replace any lost or stolen Prize or any Prize that is undeliverable or does not reach the Prize Winner because of incorrect or changed contact information. If the Prize Winner does not accept or use the entire Prize, the unaccepted or unused part of the Prize will be forfeited and Sponsor will have no further obligation with respect to that Prize or portion of the Prize. Sponsor is not responsible for any inability of the Prize Winner to accept or use any Prize (or portion thereof) for any reason. No transfers or prize substitutions will be made, except at Sponsor’s sole discretion. No more than the stated prizes will be awarded. Participants waive the right to assert as a cost of winning any Prize, any and all costs of verification and redemption or travel to claim or use a Prize and any liability and publicity which might arise from claiming, seeking to claim, or using a Prize.
8. Licenses and Approvals:
Entrants may not submit an Entry on behalf of someone else. By submitting an Entry, Entrant represents and warrants that Entrant meets all eligibility criteria for participation in the Sweepstakes. In addition, by submitting an Entry in this Sweepstakes, Entrant grants the Sweepstakes Entities an irrevocable, perpetual, non-exclusive worldwide license to publish, post, display, copy, distribute, transmit, edit, use alone, together or with other works, and otherwise exploit the Entry, Entrants name, voice, persona, likeness, image, prize information, any quotes attributable to Entrant, biographical data and any other indicia of persona in any manner whatsoever throughout the world, including on the Internet, and at any time or times, in connection with the Sweepstakes, in any and all forms of media, now known or hereafter discovered, without additional compensation, review or approval rights, notification or permission, except where prohibited by law, and Entrant releases all Releasees from any and all liability related thereto. ENTRANT FURTHER ACKNOWLEDGES THAT IF ENTRANT IS CHOSEN AS A WINNER, ENTRANTS IDENTIFYING INFORMATION, INCLUDING BUT NOT LIMITED TO ENTRANTS NAME, MAY BE DISCLOSED TO THIRD PARTIES INCLUDING, WITHOUT LIMITATION, BEING PLACED ON A WINNERS’ LIST.
9. Limitation of Liability:
The Releasees (as defined below) are not responsible or liable for any of the following: (a) stolen, lost, late, misdirected, garbled, mutilated, damaged, incomplete, inaccurate, or illegible Entries, e-mail, mail, Sweepstakes-related correspondence or postage-due mail or any technical, computer, mechanical, printing, typographical, human or other errors relating to or in connection with the Sweepstakes, including, without limitation, errors which may occur in connection with the administration of the Sweepstakes, the mailing or transmission of notification or correspondence, the processing of Entries, the announcement of any prize or in any Sweepstakes related materials; (b) technical failures of any kind; (c) unauthorized human and/or mechanical intervention; (d) human error; (e) any error, omission, interruption, defect or delay in transmission or communication; (f) viruses or mechanical malfunctions; (g) errors, typos, or misprints in these Official Rules, in any Sweepstakes related advertisements or other materials; or (h) lost or unavailable network connections. Sponsor is not responsible for electronic communications that are undeliverable as a result of any form of filtering or insufficient space in Entrant’s e-mail account. Sponsor is not responsible, and may disqualify Entrant, if his or her e-mail address, telephone, or other contact information does not work or if it is changed without Entrant giving prior written notice to Sponsor. If for any reason an Entry is confirmed to have been erroneously deleted, lost or otherwise destroyed, corrupted or for any other reason not accepted as an entry into the Sweepstakes, Entrant’s sole remedy is another Entry in the Sweepstakes.
AS A CONDITION OF PARTICIPATING IN THIS SWEEPSTAKES, EACH ENTRANT AGREES TO RELEASE, INDEMNIFY AND HOLD HARMLESS SPONSOR, SWEEPSTAKES ENTITIES, AND EACH OF THEIR RESPECTIVE PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, DIVISIONS AND ADVERTISING, AND PUBLIC RELATIONS AGENCIES, AND EACH OF THEIR RESPECTIVE AGENTS, REPRESENTATIVES, OFFICERS, DIRECTORS, MEMBERS, SHAREHOLDERS AND EMPLOYEES (COLLECTIVELY, “RELEASEES”) FROM AND AGAINST ANY LIABILITY WHATSOEVER FOR INJURIES OR DAMAGES OF ANY KIND SUSTAINED IN CONNECTION WITH THE USE, ACCEPTANCE, POSSESSION, MISUSE OR AWARDING OF ANY PRIZE, WHILE PREPARING FOR, PARTICIPATING IN AND/OR TRAVELING TO OR FROM ANY SWEEPSTAKES OR PRIZE RELATED ACTIVITY, INCLUDING, WITHOUT LIMITATION, ANY INJURY, DAMAGE, DEATH, LOSS, OR ACCIDENT TO PERSON OR PROPERTY. EACH WINNER AGREES THAT THE PRIZE IS PROVIDED AS-IS WITHOUT ANY WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, WHETHER NOW KNOWN OR HEREINAFTER ENACTED, RELATIVE TO THE USE OR ENJOYMENT OF THE PRIZE. FURTHER, THE RELEASEES ARE NOT RESPONSIBLE IN ANY WAY FOR ANY ADDITIONAL EXPENSES, OMISSIONS, DELAYS, OR RE-ROUTING RESULTING FROM ANY ACTS OF ANY GOVERNMENT OR AUTHORITY.
EACH ENTRANT UNDERSTANDS AND AGREES THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY OF THE UNITED STATES ARE HEREBY EXPRESSLY WAIVED BY HIM/HER. SECTION 1542 READS AS FOLLOWS:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
10. Additional Disclaimers:
Without limiting any other provision in these Official Rules, Releasees are not responsible or liable to any entrant or Prize Winner or any person claiming through such entrant or Winner for failure to supply the prize or any part thereof in the event that any of the Sweepstakes activities or the Releasees’ operations or activities are affected, as determined by the Sponsor in its sole discretion, including, without limitation, by reason of any acts of God, any action, regulation, equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, war, fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike labor or material shortage, transportation interruption of any kind, civil disturbance, insurrection, riot, or any law, rule, regulation, order or other action adopted or taken by any governmental, federal, state or local government authority, or any other cause, whether or not specifically mentioned above.
For a copy of these Official Rules or a list of winners, send a self-addressed, stamped, #10 business envelope to Elfster (ADDRESS) (or “Winner’s List”) Request, (ADDRESS).” Rules requests must be received no later than one month after the end of the Sweepstakes Period and winner’s list request must be received within three (3) months of the end of the Sweepstakes Period. Vermont residents may omit return postage for rules request.