Boppy® Spread Joy, Not Germs Sweepstakes Rules
THESE ARE THE “Boppy® Spread Joy, Not Germs” OFFICIAL RULES (the “OFFICIAL RULES”)
THE FOLLOWING SWEEPSTAKES IS INTENDED FOR PARTICIPATION BY LEGAL RESIDENTS OF THE 50 UNITED STATES (including DC) ONLY, AND IS GOVERNED BY THE LAWS, RULES, AND REGULATIONS OF THE UNITED STATES. DO NOT ENTER UNLESS YOU ARE ELIGIBLE.
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN.
A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING.
VOID WHERE PROHIBITED BY LAW.
1. ELIGIBILITY: The “Boppy® Spread Joy, Not Germs” (“Sweepstakes”) is open only to current legal residents of the 50 United States and the District of Columbia, who are 18 years of age or older at the time of entry. Officers, directors and employees of The Boppy Company, LLC, its parent companies, affiliates, subsidiaries, distributors, sales representatives, agents, advertising and promotional agencies (collectively, “Sweepstakes Parties”), and the immediate families and household members (spouse, parent, child, sibling, grandparent, and/or “step”) of each are not eligible to participate or win. This Sweepstakes is subject to all applicable federal, state, and local laws and regulations. In order to enter the Sweepstakes or receive a prize, you must fully comply with these Official Rules, and by entering you agree to be bound by these Official Rules and the decisions of Sponsor, which are final and binding in all respects.
2. SWEEPSTAKES DEADLINES: Sweepstakes Entries may be submitted beginning April 7, 2020 12:01 a.m. Mountain Time (“MT”) and ending at 11:59 p.m. MT on April 29, 2020 (the “Entry Period”). Sponsor’s computer is the official time-keeping device for this Sweepstakes.
3. SPONSOR: The Sponsor of the Sweepstakes (the “Sponsor”) is The Boppy Company, LLC, 350, Indiana St., Ste. 800, Golden, CO 80401.
4. TO ENTER SWEEPSTAKES: Entry is available by clicking on the “Sweepstakes” tab on the Sponsor’s Facebook Page at www.facebook.com/theboppycompany (the “Entry Form”). Once you access the Entry Form, follow the online instructions to complete all of the required fields. All fully completed Entry Form must be received during the Entry Period (“Sweepstakes Entry” or “Entry”). Limit one (1) Sweepstakes Entry per person per entry or share. Any other forms of entry are void. Entries via automated programs, bots, or third-party services are prohibited. Entries by the same person in excess of the limit stated herein will be void. Incomplete, illegible, false, deceptive or garbled Entries are void and are not eligible for the Sweepstakes.
Please note: This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Facebook. Facebook is registered trademark, which is herein used for purposes of Sweepstakes description only. Such use is not intended to suggest or imply the sponsorship, endorsement, or the approval of this Sweepstakes by Facebook. If a dispute arises regarding the identity of an individual submitting a Sweepstakes Entry (each, an “Entrant”), the authorized account subscriber of the email account disclosed on the Entry Form will be considered the Entrant. “Authorized account holder” is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider or organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.
5. BINDING AGREEMENT: These Official Rules form a legally binding agreement with respect to this Sweepstakes, therefore, please read them carefully. If you do not agree to the Official Rules, you are not eligible to participate in the Sweepstakes or to win any of the prizes. You agree that submission of an Entry in the Sweepstakes constitutes your agreement to these Official Rules, and the decisions of Sponsor (including, without limitation, decisions regarding eligibility of Entries, the selection of Entrants and the winner, and the awarding of the prize), which are final and binding in all respects.
6. ODDS OF WINNING: Odds of winning a prize depend on the number of eligible Entries received. Winner(s) are selected at random.
7. PRIZE DETAILS: 250 families will receive (1) Boppy Pillow.
Any difference between stated value and actual value will not be awarded. No transfer, refund, substitution or replacement of a prize is permitted, except that the Sponsor reserves the right, in its sole discretion, to substitute a prize of equal or greater value. Limit one (1) prize per person per household. Prizes pictured in point-of-sale, online, television and print advertising, promotional packing and other Sweepstakes materials are for illustrative purposes only. Applicable taxes on prizes are the sole responsibility of the Winners.
8. DRAWING; WINNER NOTIFICATION: Sponsor or Sponsor’s designee will randomly select potential winner(s) from among all eligible Entries received. The Entrants selected must comply with all terms and conditions of these Official Rules and winning is contingent upon fulfilling all requirements and requests of Sponsor during the verification process. Potential winners will be notified via the email address disclosed on the Entry Form starting on or around April 30, 2020. Once notified, a selected potential winner must respond to the Sponsor with the required prize claim documentation, by email, no later than 11:59 p.m. MT on May 7, 2020 to claim the prize awarded. The Sponsor is not responsible for any change in Entrant’s email address. If attempted notification is returned as undeliverable, if any required documents are not returned by 11:59 p.m. MT on May 7, 2020, if a selected potential winner cannot be verified, or if a selected potential winner is otherwise unable to accept the prize as stated, the prize will be forfeited. An alternate winner will be selected to receive forfeited prize from the remaining Entrants pursuant to these Official Rules until all the prize has been properly claimed.
9. PUBLICITY RELEASE: Except where prohibited or restricted by law, a Winner’s acceptance of a prize constitutes Winner’s agreement and consent for the Sponsor to use and/or publish each Winner’s full name, city and state of residence, photographs or other likenesses, pictures, portraits, voice, testimonials, biographical information (in whole or in part), statements made by Winner regarding the Sweepstakes or the Sponsor, and the Entry (which may be altered, changed, modified, edited, used alone or with other works, used in whole or in part, as solely determined by the Sponsor) worldwide and in perpetuity for any and all purposes, including, but not limited to, advertising, trade and/or promotions on behalf of the Sponsor, in any and all forms of media, now known or hereafter devised, including, but not limited to, print, TV, radio, electronic, cable, Internet or World Wide Web, without further compensation, consideration, notice, review or approval.
10. NO TAMPERING; RIGHT TO CANCEL, MODIFY: The Sponsor, its parent companies, affiliates, subsidiaries, partners, representatives, agents, successors, assigns, employees, officers and directors shall not have any obligation or responsibility, including any responsibility to award any prize with regard to: (a) Entries that contain inaccurate information or do not comply with or violate the Official Rules; (b) Entries, prize claims or notifications that are lost, late, incomplete, illegible, unintelligible, damaged or otherwise not received by the intended recipient, in whole or in part, due to computer, human or technical error of any kind; (c) Entrants who have committed fraud or deception in entering or participating in the Sweepstakes or claiming a prize; (d) telephone, electronic, hardware, software, network, Internet or computer malfunctions, failures or difficulties;(e) any inability of the selected potential Winner to accept the prize for any reason; or (f) if a prize cannot be awarded due to delays or interruptions due to Acts of God, natural disasters, terrorism, weather or any other similar event beyond the Sponsor’s reasonable control. The Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be (i) tampering with the entry process or the operation of the Sweepstakes, or with any page or website promoting the Sweepstakes; (ii) acting in violation of the Official Rules; (iii) entering or attempting to enter the Sweepstakes through the use of multiple email addresses or the use of any robotic or automated devices to submit Entries; or (iv) using any other device or artifice to register as multiple registrants. If the Sponsor determines, in its sole discretion, that technical difficulties or unforeseen events compromise the integrity or viability of the Sweepstakes, the Sponsor reserves the right to void the Entries at issue, and/or terminate the relevant portion of the Sweepstakes, including the entire Sweepstakes, and/or modify the Sweepstakes to award the prize(s) as deemed fair and equitable by the Sponsor, in its sole discretion. If the Sweepstakes is terminated or modified due to technical difficulties or unforeseen events prior to the expiration of the Entry Period, notice will be posted on the Sponsor’s Facebook page and Sponsor website.
12. RELEASE OF LIABILITY; DISCLAIMER OF WARRANTY: By participating in the Sweepstakes, each Entrant agrees to release the Sweepstakes Parties, The Boppy Company LLC, and its and their respective parents, affiliates, subsidiaries, partners, representatives, agents, successors, assigns, employees, officers and directors (the “Released Parties“) from any and all liability, for loss, harm, damage, injury, cost or expense whatsoever including without limitation, property damage, personal injury (including emotional distress), and/or death which may occur in connection with preparation for, or participation in, the Sweepstakes, the Entry, or the possession, acceptance and/or use or misuse of the prize or participation in any Sweepstakes-related activity and for any claims or causes of action based on publicity rights, defamation or invasion of privacy and merchandise delivery, including any travel related thereto. The Released Parties assume no responsibility for any injury or damage to an Entrant’s or to any other person’s computer, regardless of how caused, relating to or resulting from entering or downloading materials or software in connection with this Sweepstakes.
13. LIMITATIONS OF LIABILITY. Sponsor is not responsible for: (a) incorrect or inaccurate transcription of Entry information or late, lost, stolen, unintelligible, illegible, damaged, mutilated, altered, incomplete or misdirected Entries or Entries received through impermissible or illegitimate channels, all of which will be disqualified; (b) technical failures of any kind, including but not limited to the malfunctioning of any telephone, computer online systems, computer equipment, website, server provider, network, hardware or software; (c) the unavailability or inaccessibility of any website or service; (d) unauthorized intervention in any part of the Entry process or the Sweepstakes; (e) printing, typographical, electronic or human errors, which may occur in the offer or administration of the Sweepstakes or the processing of Entries; or (f) any injury or damage to persons or property, including but not limited to Entrant’s computer, which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes, or from viewing, playing or downloading any material from Sponsor’s website or social media pages, regardless of whether the material was prepared by Sponsor or a third party, and regardless of whether the material is connected thereto by a hypertext link.
14. DISPUTES. Entrant agrees that: (a) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes, or any prizes awarded shall be resolved individually, without resort to any form of class action, and solely and exclusively in a federal or state court located in Jefferson County, Colorado, and Entrant submits to sole and exclusive personal jurisdiction to said courts in Jefferson County, Colorado for any such dispute and irrevocably waives any and all rights to object to such jurisdiction; (b) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred (if any) not to exceed $40.00, but in no event will attorneys’ fees be awarded or recoverable; (c) under no circumstances will Entrant be permitted to obtain any award for, and Entrant hereby waives all rights to claim, indirect, special, punitive, consequential, lost profits and/or any other damages, other than actual out of pocket expenses not to exceed $40.00, and/or any rights to have damages multiplied or otherwise increased; and (d) Entrant’s remedies are limited to a claim for money damages (if any) and entrant irrevocably waives any right to seek injunctive or equitable relief. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of Entrant or Sponsor in connection with the Sweepstakes shall be governed by, and construed in accordance with, the laws of the State of Colorado, without giving effect to any choice of law or conflict of law rules of provisions.
16. WINNER LIST. To request notification of the winner, send a self-addressed postage-stamped envelope to The Boppy Company, LLC, 350 Indiana St., Ste 800, Golden, CO 80401– “Boppy® Spread Joy, Not Germs”. Requests must be received by July 1, 2020.
© 2020 The Boppy Company, LLC. All rights reserved.