The following are the official rules for the Summertime Sippin’ Mug Contest (the “Promotion”). This promotion is sponsored by Scrappy Green Truck, Inc. (“Sponsor”), 4736 Royal Avenue, Suite 109101, Eugene, OR 97402-1755.
How to Enter: Beginning at 8:00 a.m. Pacific Time (“PT”) on May 31, 2018 until 11:59 p.m. PT on June 28, 2018 (the “Promotion Period”), you may enter the Promotion by accessing the Promotion Instagram Photo (the “Photo”) and commenting the information requested by the “Photo.”
Limit of one (1) entry per eligible person during the Promotion Period. Any attempt by you to obtain more than the permitted number of entries by using multiple/different Instagram 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 Instagram account used to enter will be deemed to be the entrant. The “authorized account holder” is the natural person assigned an Instagram account by Instagram. 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.
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 Sponsor’s 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 Instagram; 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 Sponsor’s 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 Sponsor’s to use said winner’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 here under 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. By entering the Promotion, you agree to a complete release of Instagram and acknowledge that the Promotion is in no way sponsored, endorsed or administered by, or associated with, Instagram.
How Winner will be Determined: The potential winner will be selected at random from among all eligible entries on approximately June 29, 2018, by Sponsor, and will be contacted by Instagram on or about June 30, 2018. 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 Grand Prize Winner within five (5) days from first notification attempt, 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 4736 Royal Avenue, Suite 109101, Eugene, OR 97402-1755.
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 Instagram account, the winning entry will be declared made by the authorized account holder of the Instagram account 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: one 14 ounce stainless steel mug with BPA-free plastic lining, lid and handle. Approximate retail value (“ARV”) of the Grand Prize is $15, good for the aforementioned prize being delivered to the winner. 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. Some restrictions may apply. All expenses not specifically identified as included as the prize in the Promotion are the sole responsibility of the winner.
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 Sponsors in connection with the Promotion, shall be governed by and construed in accordance with the laws of the State of Oregon 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 Oregon. Any action or litigation concerning these rules shall take place exclusively in the federal or state courts sitting in Oregon, 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 Oregon. 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.