Rules and Regulations - Fathers Day Gift Pack
FATHER’S DAY GIFT PACK CONTEST RULES AND REGULATIONS
NO PURCHASE OR PAYMENT NECESSARY TO ENTER TO WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
- Sweepstakes Description: “Father’s Day Gift Pack” sponsored by Qalo, LLC. (“Sponsor”). Allows eligible individuals (“Entrants”) to submit a creative photo of how the dad in their life impacted them through Instagram using #DadThroughMyEyes and #QALOring while tagging @QALO to enter a user generated photo gallery. The Sponsor will select a winner from the photos submitted to the photo gallery who have complied with the all the terms and conditions of these official rules. (Prize Winners). This Sweepstakes is in no way sponsored, endorsed, or administered by, associated with, Instagram or Facebook.
- Eligibility: The Sweepstakes is open only to legal residents of the fifty (50) United States and the District of Columbia who are at least eighteen (18) years of age or the age of majority in their state of residence, whichever is older, as of the date of entry. Employees of Qalo, LLC and Qalo Inc. (collectively, "Sweepstakes Entities"), and each of their affiliates, and their employees, shareholders, officers, directors, agents, members and assigns, as well as the immediate family (spouse, parents, siblings and children) 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 entrant’s full and unconditional agreement to these Official Rules and Sponsor’s (as defined below) decisions, which are final and binding in all matters related to the Sweepstakes. Winning the prize is contingent upon fulfilling all requirements set forth herein.
- Timing: The Sweepstakes begins on May 25, 2017 at 5 p.m. Pacific Time ("PT") and ends on June 18th, 2017 at 11:59 p.m. PT (the "Promotion Period"). Sponsor’s computer is the official time-keeping device for the Sweepstakes.
- How to Enter: Entrants are limited to submitting one Photo per 24 hour period. You must have your social media account set to PUBLIC in order to have your Photo viewed and have a valid submission. Limit of one Photo per entry, but you can enter unlimited times.
Any other attempted form of online entry is void and will not be accepted. Submitted Photos that in the Sponsor’s sole discretion are deemed to obscene, indecent, or inappropriate may be disqualified and removed from the pool of eligible entries. Any attempt by any participant to obtain more than the stated number of entries by using multiple/different email addresses, identities, registrations and logins, or any other methods will void that participant's plays/entries and that participant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. The Released Parties (as defined below) are not responsible for lost, late, incomplete, invalid, unintelligible or misdirected registrations, which will be disqualified. In the event of a dispute as to any registration or play, the authorized account holder of the email address used to register will be deemed to be the registrant or player. 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 winner may be required to show proof of being the authorized account holder.
During the Promotion Period, Entrants must:
- Post a photo of how the dad in their life has impacted them
- Upload the photo to Instagram
- Tag @QALO, use #DadThroughMyEyes and #QALOring (“Photos”)
- Winner Determination: Prize Winner will be selected at random by the Sponsor from among eligible Entrants during the Promotion Period, anticipated to be on June 19th, 2017. After the drawing date, the potential winner will be notified by Instagram Direct Message and being tagged in the caption. The randomly selected Entrant will have 2 days to claim his/her prize with a written response to the direct message sent from firstname.lastname@example.org. If the prize is not claimed within 2 days, a new Prize Winner will be selected at random from eligible Entrants. In the event that a potential prize winner is disqualified for any reason, Sponsor will award such prize to an alternate winner by random drawing from among all remaining eligible entries. Only three (3) alternate drawings will be held, if time permits, after which the prize will remain un-awarded.
- Prize: There will be one winner of the Father’s Day Gift Pack. Please allow four (4) weeks for delivery. All prizes are 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 of equal or greater value at its sole discretion. Winner is responsible for all taxes and fees associated with prize receipt and/or use, including but not limited to, all state, federal, and income taxes.
- Photography Guidelines: Photos must be the original work of the Entrant and may not: (i) have been previously published or awaiting publication at the time of submission, (ii) have previously won an award or prize of any kind, or (iii) contain any material that would violate or infringe upon the rights of any third party, including copyrights, trademarks or rights of privacy or publicity; (iv) do not violate any applicable laws and (v) feature any person other than Entrant unless Entrant has obtained all necessary permissions and releases from such persons prior to submission.
- Grant of Rights: By submitting a Photo, the Entrant represents and warrants that he/she has the right, title and interest necessary to grant the Sponsor the worldwide, irrevocable and unrestricted, perpetual, right and license to reproduce, distribute, display, adapt, publish, use, edit, and/or modify such Photo in any way, in any media, and post the Photo on the internet or use the Photo in any way, including but not limited to Sponsor’s website, social media properties, and any other ways, and agrees to indemnify and hold Sponsor harmless from any claims to the contrary. Further, by submitting an entry, Entrant agrees that Sponsor may post his/her name, on its website, social media properties, or in other promotional materials and that Sponsor may publicize information about the Entrants and or the Prize Winners.
- Release: By participating in this Sweepstakes, Entrant agrees to release and hold harmless Sponsor, promotional partners, Instagram or Facebook and their respective subsidiaries, affiliates, limited liability companies, suppliers, distributors, advertising/promotion agencies, attorneys and prize suppliers, and each of their respective parent companies and each of their respective officers, shareholders, directors, members, employees, licensors, successors, assigns and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Sweepstakes or receipt or use or misuse of any prize. Winners acknowledge that all prizes are awarded as-is without warranty of any kind.
- Publicity: Except where prohibited, participation in the Sweepstakes constitutes winner’s consent to Sponsor’s, Sponsor’s affiliates, their agents’, and promotional partners’ use of winner’s name, likeness, photograph, video footage, voice, opinions and/or hometown and state for promotional purposes in perpetuity in any media, worldwide, without further payment or consideration.
- General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor in its sole discretion. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserve the right to seek damages from any such person to the fullest extent permitted by law. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
- Limitations of Liability: The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in cellular networks, phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Sweepstakes; (4) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; (5) late, lost, undeliverable, damaged. misdirected or stolen entries; 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 Sweepstakes or receipt or use or misuse of any 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 Sweepstakes, if it is possible. If the Sweepstakes, or any part of it, is discontinued for any reason, Sponsor, in its sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. 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. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
- Disputes: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate Court in Los Angeles, 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 Sweepstakes, 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, indirect, 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 the entrant and the Released Parties in connection with the Sweepstakes, 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 (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.
© 2017 Qalo LLC. All rights reserved.
- Winner List: For a winner list, send a self-addressed, stamped envelope to: QALO Sweepstakes, 3011 South Croddy Way, Santa Ana, CA 92704.