ENCHANT CHRISTMAS 10 DAYS OF GIVING SWEEPSTAKES
NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR ODDS OF WINNING. YOUR ODDS OF WINNING DEPEND ON THE NUMBER OF ELIGIBLE ENTRIES RECEIVED. OPEN TO ELIGIBLE LEGAL RESIDENTS OF THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA 18 YEARS OF AGE OR OLDER. SWEEPSTAKES BEGINS 12:00:01 PM PACIFIC TIME (“PT”) ON FRIDAY, DECEMBER 4, 2020 AND ENDS 11:59:59 PM PT ON SUNDAY, DECEMBER 13, 2020. VOID WHERE PROHIBITED
1. SWEEPSTAKES PERIOD.
The Enchant Christmas 10 Days of Giving Sweepstakes (the “Sweepstakes”) begins 12:00:01 PM PT on December 4, 2020 and ends 11:59:59 PM PT on December 13, 2020 (the “Sweepstakes Period”). Sponsor’s clock will be the official Sweepstakes clock, and the timeliness of entries will be determined by Sponsor in its sole discretion.
The “Sponsor” of the Sweepstakes is Enchant Christmas Light Maze and Market Ltd., Suite 304 – 901 3rd Street West, North Vancouver, BC, Canada V7P 3P9.
The Sweepstakes is open only to permanent legal residents of the 50 United States and the District of Columbia who are 18 years of age or older as of the date of entry (“Participants”). Void in Puerto Rico and other U.S. territories, possessions, and military installations, and wherever prohibited or restricted by law. None of the following are eligible to be Participants: officers, directors, and employees of Sponsor, and any of Sponsor’s parents, subsidiaries, affiliates, and related companies, and any agencies or entities engaged in the development, production, administration, fulfillment, or distribution of materials for the Sweepstakes (collectively, the “Sweepstakes Entities”) and Instagram, and the immediate family members (parent, child, sibling, or spouse) of, or persons (whether related or not) living in the same household as, such individuals.
4. AGREEMENT TO OFFICIAL RULES.
Participation in the Sweepstakes constitutes Participant’s warranty that he/she meets all eligibility requirements, Participant’s full and unconditional agreement to and acceptance of the Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Sweepstakes. Winning any prize is contingent upon fulfilling all requirements and obligations in the Official Rules.
5. HOW TO ENTER THE SWEEPSTAKES.
To participate in the Sweepstakes, Participant must have Internet access, must be a registered user of Instagram, must maintain his/her Instagram account in good standing, and must have a valid email address associated with his/her Instagram username. Subject to Instagram’s terms and conditions, Participant can obtain a Instagram account by visiting <instagram.com> and following the instructions to join. To enter, during the Sweepstakes Period, visit the Enchant Christmas Instagram page at https://www.instagram.com/enchantchristmas/ (“Instagram Page”) and follow the instructions to enter the Sweepstakes.
6. ENTRY CONDITIONS.
(A) Any attempted entry in the Sweepstakes by automatic, programmed, script, bot, third party or fraudulent method is prohibited. Sponsor reserves the right to disqualify any entries or Participants that it determines, in its sole discretion, violate the foregoing or any other provision of the Official Rules, and Sponsor’s decisions in this regard are final. Sponsor reserves the right to disqualify any person found or suspected of tampering with the entry process or the operation of the Sweepstakes, of acting in violation of these Official Rules, or of acting in a non-sportsmanlike or disruptive manner or with intent to annoy, abuse, threaten, or harass any other person. In the event of a dispute as to any entry, the authorized account holder of the email account used to enter will be deemed to be the Participant. The “authorized account holder” is the natural person assigned an email address by a telecom and or Internet access provider, online service provider, or other organization responsible for assigning email addresses for the domain associated with the submitted address. Each “Prize Winner” (as defined below) may be required to show proof of being the authorized account holder. All entries become the property of Sponsor and will not be acknowledged or returned. Participants are allowed to submit an unlimited amount of entries in the Sweepstakes.
(B) All entries must meet the following submissions guidelines (the “Submissions Guidelines”):
- The entry must not defame, misrepresent or contain disparaging remarks about Sponsor or any of its products, or other people, products or companies or communicate messages inconsistent with the positive images and/or goodwill associated with the Sponsor, as determined by Sponsor in its sole discretion. The entry must be suitable for family audiences. The entry must not contain any content that is or contains: unlawful behavior, profanity, explicit sexuality, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or is hatefully, racially, ethnically or otherwise offensive or objectionable, as determined by Sponsor in its sole discretion. The entry must not infringe on the intellectual property rights, or defame or invade the publicity or privacy rights, of any third party, living or deceased.
- By entering, you agree as follows: (i) you acknowledge that your entry may be posted by Sponsor on the Sweepstakes Facebook or Instagram page, used in Sponsor’s promotional or exploited in Sponsor’s commercial material, in Sponsor’s sole discretion but without obligation; (ii) you have the right and authority to, and do hereby, assign to Sponsor an irrevocable, non-exclusive, royalty-free worldwide license in perpetuity to reproduce, store, copy, broadcast, display, distribute, edit, alter, combine with other material, publish, post, commercialize and/or otherwise use without limitation all or any part of the entry on the Sweepstakes Facebook or Instagram page or in Sponsor’s promotional or exploited in Sponsor’s commercial material; (iii) you waive any and all moral rights that you may have in and to the entry with respect to the uses contemplated herein; and, (iv) you agree to release and hold harmless Sponsor from and against any and all claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trade-mark infringement or any other intellectual property related cause of action that relates in any way to Sponsor’s use of the entry.
7. WINNER SELECTION, NOTIFICATION, AND ODDS.
On or about seventy two (72) hours after each day of the Sweepstakes Period, one (1) potential Prize winner (the “Potential Prize Winner”) will be selected randomly by a Sponsor employee, from all eligible entries received during the Sweepstakes Period. Each Potential Prize Winner will be notified via Instagram Direct Messenger (“DM”). Each Potential Prize Winner must reply to Sponsor, in the manner set forth in the DM notification, within seven (7) calendar days after attempted notification. If Potential Prize Winner is found to be ineligible or not in compliance with the Official Rules, declines to accept a prize, or fails to respond to the attempted notification within seven (7) calendar days, or the attempted notification is returned as undeliverable, the Prize will be forfeited and may be awarded to an alternate Potential Prize Winner. Potential Prize Winner may be required to furnish proof of identification. Before being declared the “Prize Winner,” Potential Prize Winner may be required to execute and return an Affidavit of Eligibility/Liability & Publicity Release (“Prize Release”) and to provide any additional information (such as social security number for tax purposes) that may be required by Sponsor within ten (10) calendar days from the date materials were sent, or the applicable prize may be forfeited and awarded to an alternate Potential Prize Winner. Sweepstakes Entities will not be held responsible for any delays in awarding Prize for any reason. Prize will be awarded only to verified Prize Winner. The right to receive the Prize is non-assignable and non-transferable, and no prize substitution, exchange, or cash equivalent will be allowed, except by Sponsor, which reserves the right, in its sole discretion, to substitute for the Prize any prize of approximately equal or greater value, in the event of unavailability or force majeure. Odds of winning Prize depend upon the number of eligible entries received.
The Sweepstakes will contain ten (10) Prizes (each a “Prize”). Each Prize will consist of a physical item selected by the Sponsor, with a total Approximate Retail Value (“ARV”) between $5 and $100 U.S. Dollars; with standard USPS shipping paid by the Sponsor in addition to the ARV. All expenses and incidental costs not expressly stated in the foregoing prize description, including but not limited to, tariffs or duties, surcharges, taxes or other expenses are solely the responsibility solely of Prize Winner. Sponsor will not replace any lost, mutilated, or stolen Prize. Sponsor is not responsible if the availability of the Prize is delayed, postponed or cancelled for any reason, in which event that portion of the prize is forfeited in its entirety, and no substitution will be provided except in Sponsor’s sole discretion. Prize Winner is responsible for all taxes and fees associated with prize receipt and/or use.
9. PRIZE TERMS AND CONDITIONS.
Prize Winner must comply with all applicable federal, state and local laws, rules and regulations. Prize Winner may receive an IRS Form 1099 or other tax document for the value of the Prize. Prize Winner is solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with, the Prize. The stated ARV of the Prize is based on information available to Sponsor when these Official Rules were drafted. Any difference in ARV at the time of awarding will not be awarded, and the value of any prize awarded to a winner may be reported for tax purposes as required by law. Prize Winner is subject to verification by Sponsor. Prize is not exchangeable, transferable, or redeemable for cash, except in Sponsor’s sole discretion. Sponsor will not replace any lost or stolen prize. Sweepstakes Entities are not responsible or liable for damages resulting from shipping, handling, loss, use, or misuse of any prize. Prize Winner’s acceptance of the Prize constitutes permission (except where prohibited) for Sponsor to use and authorize the use of Prize Winner’s and companions’ names, photographs, likenesses, statements, biographical information, voices and addresses (city and state) for any and all public relations, advertising and/or promotional purposes as determined by Sponsor, in all forms of media and by all manners (now and hereafter known), in perpetuity, without notice, consent, review, approval, or further compensation. BY SUBMITTING AN ENTRY, EACH PARTICIPANT ACKNOWLEDGES THAT HIS/HER FIRST NAME WITH INITIAL ONLY OF LAST NAME AND STATE OF RESIDENCE MAY BE POSTED ON THE FACEBOOK PAGE LOCATED AT https://www.facebook.com/EnchantChristmas/ OR THE INSTAGRAM PAGE LOCATED AT https://www.instagram.com/enchantchristmas/ OR OTHER WEBSITE(S) AUTHORIZED BY SPONSOR FOR THE SWEEPSTAKES, AT SPONSOR’S DISCRETION AND CAN BE VIEWED BY OTHER WEBSITE USERS.
11. CONDUCT OF SWEEPSTAKES.
All federal, state, and local laws and regulations apply. If the Sweepstakes is not capable of running as planned for any reason, including but not limited to, business or market circumstances, force majeure, public health concerns, tampering, unauthorized intervention, actions by Participants or others, fraud, or any other causes which Sponsor, in its sole and absolute discretion, deems could corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Sweepstakes, Sponsor reserves the right, in its sole and absolute discretion, to cancel, terminate, modify, or suspend the Sweepstakes. If any malfunction, error, disruption, damage, or other circumstance or event impairs the administration, security, fairness, integrity, or proper play of the Sweepstakes, Sponsor may, in its sole and absolute discretion, suspend or terminate the Sweepstakes or any portion thereof by posting a notice on its Instagram Page https://www.instagram.com/enchantchristmas/ and/or its website https://enchantchristmas.com/. If the Sweepstakes or any portion of the Sweepstakes is terminated before the end of the Sweepstakes Period, Sponsor may select Prize Winner from all eligible entries received as of the termination date of the Sweepstakes. Sponsor reserves the right to disqualify any Participant found, in its sole opinion, to be tampering with the operation of the Sweepstakes; to be acting in violation of the Official Rules; or to be acting in an unsportsmanlike manner or with the intent to disrupt the operation of the Sweepstakes. ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
12. GENERAL RELEASE AND WAIVER OF CLAIMS.
By entering the Sweepstakes, participating in the Sweepstakes or any Sweepstakes-related activity, and/or accepting or using a prize, each Participant and each user of any prize (for himself/herself and his/her heirs and assigns) hereby releases the Sweepstakes Entities from any and all liability, loss, harm, damage, cost, expense, claims, property damage, personal injury, and/or death, including but not limited to all reasonable counsel fees and court costs, and including but not limited to third party claims, based on: (A) publicity and/or privacy rights, defamation, and intellectual property associated with Participant’s or another’s participation in the Sweepstakes; (B) redemption of any prize, and/or use or misuse of any prize; (C) anything related to the production, promotion, or execution of the Sweepstakes (or participation therein), including preemption, cancellation, or rescheduling; and (D) anything related to the acceptance and/or use of a prize, or participation in the Sweepstakes, even if any of the foregoing is caused or contributed to by the negligence of the Sweepstakes Entities.
13. RELEASE; LIMITATION OF LIABILITY.
Sweepstakes Entities will not be responsible for lost, late, incomplete, stolen, misdirected, illegible, or incomplete entries (or any components thereof). Sweepstakes Entities will not be responsible for any incorrect or inaccurate information, whether caused by Sponsor, Sweepstakes Entities, a Participant, or any other person or by any computer, technical, or human error or malfunction that may occur in the processing or judging of entries, the administration of the Sweepstakes, or the notification of Potential Prize Winner. Sweepstakes Entities will not be responsible for any tampering or for any equipment or programming associated with or utilized in the Sweepstakes, and Sweepstakes Entities will have no responsibility for any error, omission, defect, theft, destruction, or unauthorized access to the materials related to the Sweepstakes, or for any damage to a Participant’s or another’s computer related to or resulting from participating in the Sweepstakes. IN NO EVENT WILL SPONSOR OR ANY SWEEPSTAKES ENTITIES BE RESPONSIBLE OR LIABLE FOR ANY INJURIES, CLAIMS, ACTIONS, DAMAGES, LOSSES, OR LIABILITY OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, RESULTING FROM OR ARISING FROM PARTICIPATION IN, OR THE PRODUCTION, PROMOTION, OR ADMINISTRATION OF, THE SWEEPSTAKES, OR ACCEPTANCE, POSSESSION, USE, MISUSE, OR NONUSE OF A PRIZE. WITHOUT LIMITING THE FOREGOING, ALL PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
14. CHOICE OF LAW; CHOICE OF FORUM.
Sweepstakes will be administered in the State of Delaware, and by participating, each Participant and each user of any Prize (for himself/herself and his/her heirs and assigns) agrees that all issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of Participants, the Sweepstakes Entities, and/or others in connection with the Sweepstakes, will be governed by, and construed in accordance with, the laws of the State of Delaware, without regard to the conflicts of law/choice of law doctrine of Delaware or any other jurisdiction. Any disputes or other proceedings arising out of or related to the Official Rules or the Sweepstakes will take place in the United States District Court for the District of Delaware or in the Delaware state courts serving Wilmington, Delaware. All of the foregoing agree to the jurisdiction of such courts and waive any right to change of venue or any like right.
15. PRIZE WINNER LIST.
For the identity of any Prize Winner, send request and a self-addressed, stamped envelope for receipt: Enchant Christmas Light Maze and Market Ltd., ATTN: Accounting, Suite 304 – 901 3rd Street West, North Vancouver, BC, Canada V7P 3P9. Only the first name and first initial of the last name of the Prize Winner will be provided.
The Sweepstakes is in no way sponsored, endorsed or administrated by, or associated with Instagram. Participants understand that they are providing their information to Sponsor and not to Instagram. The names of companies, products and services mentioned herein, and any corresponding likenesses, logos and images thereof reproduced herein, have been used for identification purposes only and may be the copyrighted properties and trademarks of their respective owners. The mention of any individual, group or company, or the inclusion of a product or service as a prize, does not imply any association with or endorsement by such company or the manufacturer or distributor of such product or service and, except as otherwise indicated no association or endorsement is intended or should be inferred. In the event that any provision of the Official Rules is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision.
Enchant® is a registered trademark of Enchant Christmas Light Maze and Market Ltd. Instagram ® is a registered trademark of Instagram, Inc., respectively.
© 2020 Enchant Christmas Light Maze and Market Ltd. All Rights Reserved.