Contests, Promotions & Giveaway with Petunia Pickle Bottom
NO PURCHASE NECESSARY TO ENTER OR TO WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
Petunia Pickle Bottom, 305 S. Kalorama, Ventura, CA 93001. Although the Giveaway, Contest or Promotion (“Giveaway, Contest or Promotion”) is administered through a Facebook and/or Instagram interface, neither Facebook nor Instagram is not affiliated with this promotion and does not endorse or sponsor this promotion in any way.
Offerpop, 36 East 31st Street, 8th Floor, New York, NY 10016 (“Administrator”).
This Giveaway, Contest or Promotion is open to legal residents in all of the 50 U.S. states, the District of Columbia and Canada (excluding Quebec) who (1) have a Facebook account, (3) are eighteen (18) years of age or older, and (4) have Internet access. The Giveaway, Contest or Promotion is void in Puerto Rico, the U.S. Virgin Islands, U.S. Military installations in foreign countries, all other U.S. territories and possessions and wherever prohibited or restricted by law. The Giveaway, Contest or Promotion is subject to all applicable federal, state and local laws. Employees of Petunia Pickle Bottom, Offerpop and their respective parent companies, affiliated companies, subsidiaries and any of their agents, advertising, promotional and other agencies, and the immediate families (parents, siblings, children and spouse) and persons living in the same household (whether related or not) of such employees/directors/officers are not eligible to enter the Giveaway, Contest or Promotion or win a Prize (each and collectively, “Prize(s)”).
HOW TO ENTER:
LIMIT ONE ENTRY PER PERSON.
This Contest begins at 8:00am Pacific Standard Time (“PT”) on Friday, December 5th, 2014 and ends at 11:59:59pm PT on the same day (the “Contest Period”), according to Administrator’s time clock. One (1) winner will be selected at random by PPB’s Digital & Social Media Manager. Winner of giveaway will be notified by email after the end of the giveaway and before December 31st, 2014.
To enter this Contest, Promotion or Giveaway, Contest or Promotion, please access the Giveaway, Contest or Promotion application at www.petunia.com/blog and complete the entry process—which includes following the required steps below*. You may alternately, or also, be required to input your name, email address, zip code or other personal information on a separate form page.
*STEPS TO ENTER THE CONTEST:
Step 1: Access the sign-up form at www.petunia.com/blog
Step 2: Enter the giveaway by filling out the sign-up form and following the prompts.
By entering the Giveaway, Contest or Promotion, entrants agree to comply with these Official Rules including all eligibility requirements. Sponsors reserve the right to verify eligibility of all entrants. Illegible and/or incomplete Entries submitted by entrants who do not meet the eligibility requirements (including all requirements with respect to age and residence) are void. Sponsors, Administrator and their agents are not responsible for lost, late, or misdirected Entries, for technical, hardware or software failures of any kind, for lost or unavailable network connections, or for failed, incomplete, garbled or delayed computer transmissions or any human error which may occur in the receipt or processing of the Entries. Proof of entering information at website does not constitute proof of delivery or receipt. Sponsor reserves the right to modify the scheduling of the Giveaway, Contest or Promotion without prior notification. Use of computer programs, macro, programmed, robotic, automatic and other similar means to enter the Giveaway, Contest or Promotion is prohibited and may result in the disqualification of Entries and/or the entrant. In the event of a dispute regarding the identity of the person submitting an Entry, the Entry will be deemed to be submitted by the person in whose name the e-mail account is registered on the date the Entry is submitted. All Entries become the sole property of the Sponsor and will not be acknowledged or returned.
WINNER SELECTION AND NOTIFICATION:
A winner will be selected at random by PPB's Digital & Social Media Manager, whose decisions are final and binding on all matters relating to the Giveaway, Contest or Promotion (“Potential Winners”). Each Potential Winner will be notified by email using the email address provided in the Giveaway, Contest or Promotion Entry (“Prize Notification”) and each Potential Winner must respond by email within seven (7) calendar days of the date of the Prize Notification (the “Deadline”), with Potential Winner’s full name and a mailing address (“Mailing Information”), where Sponsor can send his/her Prize (if warranted). The mailing address must be a street address (no P.O. Boxes). If any Potential Winner does not respond to the Prize Notification by the Deadline, such Potential Winner will be disqualified and an alternate Potential Winner (for each unclaimed Prize) will be selected from all remaining eligible entries received for consideration. Sponsors and Administrator are not responsible for the failure for any reason whatsoever of Potential Winners’ to receive their Prize Notification or for Sponsors or Administrator to receive Potential Winners’ response. The inability of Sponsor or Administrator to contact a Potential Winner, the failure of a Potential Winner to contact Sponsor or Administrator in a timely manner, the inability of a Potential Winner to accept or receive the Prize for any reason, and/or the non-acceptance by a Potential Winner of any Prize for any reason will result in disqualification of such Potential Winner, and alternate Potential Winner(s) will be selected from all remaining eligible entries received. Potential Winners who receive Prizes are known as the “Winners.”
Day Four - Petunia Pickle Bottom Boxy Backpack* (*subject to availability); Approximate Retail Value (“ARV”) $189 and a $100 Gift Certificate to Olive Juice.
Selection and specifics of all Prizes will be determined at the Sponsors’ sole discretion. All Prizes are subject to availability. Winners are not entitled to any surplus between the actual retail value of his/her Prize and its stated ARV; and any difference between the stated ARV and actual value of the Prize will not be awarded. No cash redemption or Prize substitution allowed. All Prizes are non-transferable. Odds of winning depend on the number of eligible Entries received during the Giveaway, Contest or Promotion Period. All Prizes are awarded “AS IS” and WITHOUT WARRANTY OF ANY KIND, express or implied (including without limitation, any implied warranty of merchantability or fitness for a particular purpose). Acceptance, participation in and/or use of the Prizes are at the Winners’ sole risk and Sponsor and Administrator are not responsible for damages whatsoever, including special, indirect, or consequential damages, arising out of or in connection with the use and/or misuse of any of the Prizes. Sponsor and Administrator reserve the right to verify eligibility of all Winners. Prizes will be awarded by email, U.S. Mail, Federal Express, UPS and/or other shipping method, in Sponsor’s and/or its Prize suppliers’ sole discretion, using the information provided in the Giveaway, Contest or Promotion Entry. All Prize Winners must respond in a timely fashion in order to receive his/her Prize. If any Winner is unable to participate in or accept a Prize or any portion of a Prize for any reason, Sponsor and Administrator shall have no further obligation to such Winner. Any and all activities related to each Prize are at the Winner’s own risk and subject to whatever restrictions are imposed by the entities that govern such activities.
TAXES AND COSTS RELATED TO THE PRIZES:
All applicable taxes and fees and any license and delivery charges are the sole responsibility of the Winner. All expenses and incidentals and other applicable taxes or charges not specifically mentioned herein are not included and are solely the responsibility of the Winner. Each Winner may be issued a 1099 tax form for the ARV of the Prize.
By participating in this Giveaway, Contest or Promotion and/or by accepting a Prize, participants agree: (a) to be bound by these Official Rules, the decisions of the Sponsors , Administrator and/or their designees, and the Privacy Policies of Petunia Pickle Bottom (http://www.petunia.com/privacy), and Offerpop (b) to release and hold harmless Sponsors and Administrator and their respective parent companies, affiliates and subsidiaries, together with their respective employees, directors, officers, licensees, licensors, shareholders, attorneys and agents including, without limitation, their respective advertising and promotion entities and any person or entity associated with the production, judging or administration of the Giveaway, Contest or Promotion (collectively, the “Released Parties”), from any and all claims, demands, damages, losses, liabilities, costs or expenses caused by, arising out of, in connection with, or related to their participation in the Giveaway, Contest or Promotion and/or their participation in any Prize-related activities (including, without limitation, any property loss, damage, personal injury or death caused to any person(s) and/or the awarding, receipt and/or use or misuse of any Prize or participation in any Prize-related activities); and (c) to be contacted by Sponsors and/or Administrator via email. By accepting a Prize, each Winner consents to the use of his/her name and/or likeness (voice, biographical information, city and state of residence, statements, photograph, recordings, and any information available on their Facebook page or Pinterest account) for advertising and promotional purposes (including, but not limited to, use on Sponsors’ web site and/or Facebook pages without additional compensation, except where prohibited by law). Sponsors reserve the right to make changes or additions to these Official Rules and/or extend the dates of this Giveaway, Contest or Promotion for any reason at any time. Sponsors’ and/or Administrator’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
All decisions of Sponsor and Administrator are final and binding; and entrants agree to waive any right to claim ambiguity in the Giveaway, Contest or Promotion or these Official Rules, except where prohibited by law. By accepting a Prize, each Winner agrees to release the Released Parties from any and all liability, loss or damage arising from or in connection with awarding, receipt and/or use or misuse of Prize or participation in any Prize-related activities. Sponsors reserve the right to use the Giveaway, Contest or Promotion for publicity purposes in any media, and to use the name, likeness, and hometown name and/or Prize information of selected entrants as part of that publicity, without any compensation or prior review unless prohibited by law. Any such use with respect to minors shall be subject to prior approval of parent or legal guardian. Taxes, if any, are the sole responsibility of selected entrants, and selected entrants who are U.S. residents may be issued an IRS Form 1099 for the ARV of any awarded Prize. This Giveaway, Contest or Promotion is void outside the continental US, Alaska, Hawaii, and Canada (excluding Quebec), and where prohibited or restricted by law, and subject to applicable federal, state, and local laws. Sponsor reserves the right to disqualify any entrant it finds to be tampering with the entry process or the operation of the Giveaway, Contest or Promotion or violating these Official Rules. The Released Parties shall not be liable for: (i) late, lost, delayed, stolen, misdirected, postage-due, incomplete unreadable, inaccurate, garbled or unintelligible entries, communications or affidavits, regardless of the method of transmission; (ii) telephone system, telephone or computer hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors; (iii) data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials; (iv) any injuries, losses or damages of any kind caused by the Prize or resulting from acceptance, possession or use of a Prize, or from participation in the Giveaway, Contest or Promotion; or (v) any printing, typographical, administrative or technological errors in any materials associated with the Giveaway, Contest or Promotion. Sponsor and Administrator disclaim any liability for damage to any computer system resulting from participating in, or accessing or downloading information in connection with this Giveaway, Contest or Promotion, and reserve the right, in their sole discretion, to cancel, modify or suspend the Giveaway, Contest or Promotion should a virus, bug, computer problem, unauthorized intervention or other causes beyond Sponsor’s and/or Administrator’s control, corrupt the administration, security or proper play of the Giveaway, Contest or Promotion. Sponsor and/or Administrator may prohibit an Entrant from participating in the Giveaway, Contest or Promotion or winning Prize if, in its sole discretion, it determines such Entrant is attempting to undermine the legitimate operation of the Giveaway, Contest or Promotion in any way by cheating, hacking, deception, or any other unfair playing practices of intending to annoy, abuse, threaten or harass any other players or representatives of Sponsor and/or Administrator. Use of any automated system to participate is strictly prohibited and will result in disqualification.
USE OF PERSONAL INFORMATION:
In order to participate in this Giveaway, Contest or Promotion, participants will be required to supply certain information about themselves. Sponsor has specified which information is mandatory in order to participate in the Giveaway, Contest or Promotion. This information will be used by Sponsor for the purposes of administering the Giveaway, Contest or Promotion and for marketing purposes, but will not be sold or rented to third parties. The personal information will be collected, processed and used in accordance with Privacy Policies of Petunia Pickle Bottom (http://www.petunia.com/privacy) and Offerpop. In addition, personal information may be used by Sponsors or Offerpop, on Sponsor’s behalf, to contact you after the Giveaway, Contest or Promotion is over to provide you with special offers and information about other promotions. Sponsor and Offerpop use commercially reasonable efforts to comply with Federal CAN SPAM laws and state laws regarding privacy. You may unsubscribe to these email communications at any time by following the directions contained in the email communication.
If for any reason the Giveaway, Contest or Promotion is not capable of running as planned, including infection due to computer virus, bugs, tampering, unauthorized intervention, fraud, technical failure, human error or any other causes beyond the control of Sponsor and/or Administrator that corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Giveaway, Contest or Promotion, Sponsor reserves the right to disqualify any individual it finds who tampers with the entry process, operation of the Giveaway, Contest or Promotion or web site, and to cancel, terminate, modify, or suspend the Giveaway, Contest or Promotion without notice and to select the winners from all eligible Entries received prior to the cancellation or termination. Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect or delay in operation or transmission, communications line failure, problems or technical malfunctions of any computer online systems, servers, or providers, computer equipment, software, failure of any e-mail or Entry to be received by Sponsor or Administrator on account of human error, technical problems or traffic congestion on the Internet or at any Web site, theft or destruction, or unauthorized access to, or tampering with or hacking of website, any combination thereof, or otherwise, including any injury or damage to any entrant’s or any other person’s computer related to or resulting from participation in the Giveaway, Contest or Promotion.
ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY ALTER OR DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATIONS OF THE GIVEAWAY, CONTEST OR PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR AND ADMINISTRATOR RESERVE THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
Each entrant agrees that (1) any and all disputes, claims, and causes of action arising out of or in connection with this Giveaway, Contest or Promotion, or any Prizes awarded, shall be resolved individually, without resort to any form of class action, and any judicial proceeding shall take place in a federal or state court in Ventura, California; (2) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Giveaway, Contest or 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 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 entrant, the Sponsors and the Administrator in connection with this Giveaway, Contest or Promotion shall be governed by, and construed in accordance with the laws of the State of California, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of California or any other jurisdiction), that would cause the application of the laws of any jurisdiction other than those of the State of California.
WINNER’S LIST/OFFICIAL RULES:
For a list of Winners or a copy of the Official Rules, please send a self-addressed stamped envelope to: Petunia Pickle Bottom “Contests & Promos,” PPB Giveaway Winners List/Official Rules. Winners lists will be sent once all Winners have been verified and Prizes have been awarded.
Sponsored by Petunia Pickle Bottom, 305 S. Kalorama, Ventura, CA 93001.