- Promotion Period: The 15 Days of Social Distancing Sweepstakes (“Promotion”) begins at 12:00 p.m. Eastern Time (“CT”) on Friday, April 3, 2020 and ends at 11:59 p.m. ET on Sunday, April 19, 2020 (“Promotion Period”). The Promotion will consist of fifteen (15) Promotion-specified posts throughout the Promotion Period, with each individual post corresponding to one (1) calendar day during the Promotion Period (each, an “Entry Period”). The Sponsor’s time clock will be the official time keeping device for this Promotion. All interpretations of these Official Rules and decisions made by Sponsor relating to the Promotion are final. This Promotion is in no way sponsored, endorsed, administered by, or associated with Instagram.
- Eligibility: The Promotion is open to persons legally and physically residing in one of the 50 United States or the District of Columbia who are at least 21 years of age at the time of entry. Employees, agents, and directors of Artist Project, LLC, Series II, d/b/a Artist Project Events (“Sponsor”), their affiliated companies, subsidiaries, partners, dealers, manufacturers, distributors, sponsors, advertising agencies, promotion and administration agencies and any entity which is involved in any aspect of the creation, production, operation, execution or fulfillment of the Promotion (“Promotion Entities”), and their immediate families (i.e., parents, spouse, siblings, children, grandparents, step parents, step children and step siblings, and their respective spouses, and those living in the same household, whether or not related) are not eligible to participate in the Promotion.
By participating in this Promotion, participants: (a) agree to be bound by these Official Rules and by the interpretations of these Official Rules by Sponsor and by the decisions of Sponsor; (b) acknowledge compliance with these Official Rules; (c) represent and warrant that he or she meets all the eligibility criteria set forth in these Official Rules; (d) agree to comply with any and all applicable federal, state and local laws, rules and regulations; and (e) agree to indemnify and hold harmless Promotion Entities from and against any and all liability arising out of or relating in any way to participant’s participation in the Promotion and to release all rights to bring any claim, action or proceeding against Promotion Entities. This includes, but is not limited to, any and all claims, demands, damages and causes of action for personal injuries or death and/or damage to personal or real property, theft, loss or any other harm, suffered directly or indirectly from participant’s participation in Promotion or the receipt or acceptance, redemption, possession, use or misuse of any prize, and for any claim including claims based on defamation, publicity rights, invasion of privacy, copyright infringement, trademark infringement, or any other intellectual property related or other cause of action.
- How To Enter: In order to enter the Promotion entrants must do all of the following to receive one (1) entry for the applicable Entry Period drawing: (i) log onto entrant’s Instagram account; (ii) visit the Swisher Sweets Instagram page @swishersweets where the entrant can follow @swishersweets and posts and (iii) locate the Promotion post for the current Entry Period and follow the instructions to post a comment consistent with the instructions specified in the post prior to 11:59 p.m. ET of the applicable Entry Period to receive one (1) entry in the random drawing for the Entry Period in question. The content of your comment(s) will not be judged and will therefore not increase or decrease your chances of winning a prize. Limit one (1) entry per person using only one (1) Instagram account per Entry Period. In order for entrant to submit an eligible entry via Instagram, entrant must have a valid Instagram account set as non-private. Entrants can open a Instagram account for free by registering with Instagram.com. Entrant must not use more than one (1) Instagram account to participate in the Promotion. Message and data rates may apply if entrant participates in the Promotion via mobile device.
Instagram comments must be responsive to the “call to action” and must not be obscene or offensive; must not depict alcohol, illegal drugs, firearms/weapons, or any activities that may appear unsafe or dangerous or illegal; and must not be sexually explicit or suggestive, all as determined by Sponsor in its sole discretion. Sponsor may, in its sole discretion, request an entrant to alter or remove any comment. Comments must be suitable for presentation in a public forum and in compliance with Instagram’s Terms of Service available at https://Instagram.com/tos, at the sole discretion of Sponsor.
In the event of a dispute over who submitted a winning entry, the “authorized account subscriber” of the Instagram account used to participate in Promotion at the actual time of entry, will be deemed to be the participant. Proof to Sponsor’s satisfaction of being the authorized account subscriber may be required by Sponsor.
- Prizes (15) (One (1) prize awarded per Entry Period): Each winner will receive the prize corresponding to the Entry Period in which they were selected as a winner. All prizes are subject to availability, and Sponsor reserves the right in its sole and absolute discretion to award an alternate prize to winner.
Entry Periods 1-10: A flat screen TV. Approximate Retail Value (“ARV”) of each prize: $2,000.00.
Entry Periods 11-15: A laptop. ARV of each prize: $1,300.00.
The total ARV of all prizes: $26,500.00. Sponsor will endeavor to place the applicable prize in the mail within seven (7) business days from winner confirmation and verification, which includes receipt by Sponsor of any signed releases and/or affidavits from winner.
- Publicity Release: By participating in the Promotion, each participant grants to Sponsor, and its representatives, affiliates, licensees and assigns, the right and permission to record, film, videotape and photograph the winners (“Images”). These Images will be owned by Sponsor. Sponsor and each of its designees shall have the right to use, re-use, reproduce, publish, display, exhibit, distribute, edit, adapt, post, stream, copy and exploit such Images, and all elements embodied therein, including any names, likenesses, address, voice, conversation, biographical and prize information and any other attributes of winner, individually or with others, in whole or in part, in conjunction with other material, if any, in any and all media now known or hereafter devised, for the purpose of trade, advertising, publicity, the Promotion, or a Promotion winner list or any other lawful purpose whatsoever, in perpetuity, throughout the world, without additional compensation, consideration, notification or permission, except where prohibited by law.
- Winner Determination: One (1) potential winner will be chosen at random for each Entry Period approximately one (1) business day following each Entry Period from among all eligible entries received for the applicable Entry Period. The odds of receiving a prize will depend on the total number of eligible entries received for each Entry Period. Non-winning entries from one Entry Period drawing will not carry over to subsequent Entry Period drawings, if any. Participant shall not have the right, and waives any and all rights, to challenge the results of the promotion. Sponsor’s determination of the winner of the Promotion shall be final and binding. Winner’s receipt of the prize offered in this Promotion is conditioned upon compliance with any and all federal and state laws and regulations.
- Winner Verification: Sponsor will attempt to contact the potential winners via Instagram direct message or comment within 24 hours from the time of the applicable random drawing and potential winners must respond to Sponsor within two (2) business days with the information requested to be eligible for prize receipt. If a potential winner does not respond within the allowed period of time, or does not meet the eligibility requirements of these Official Rules, an alternate potential winner may be selected and notified for the applicable prize. Sponsor shall have no liability for a winner’s failure to receive notices due to Internet issues or Instagram service error, winner’s security settings, or winner’s provision of incorrect or otherwise non-functioning contact information. The potential winners may be required to execute an affidavit of eligibility and release and may be required to prove their eligibility, including, without limitation, proof of age, residence and identity, which may include submitting a copy of a driver’s license, passport or similar government issued identification when notified of being a potential winner. Provided a potential winner is in compliance with the Official Rules and has successfully proven eligibility and completed any/all documents provided when required, a potential winner will be confirmed and verified as a winner. In the event of non-compliance by a potential winner such potential winner shall be disqualified and all privileges otherwise due as a winner shall be terminated and an alternative potential winner next in contention for winner designation may be notified. Sponsor expressly reserves the right to delay the announcement of a winner for any reason Sponsor deems necessary. In addition, Sponsor reserves the right to select an alternate winner for the applicable prize in event that a potential winner fails to comply with these Official Rules.
By participating in the Promotion, winner acknowledges that Promotion Entities have not and will not obtain or provide insurance of any kind relating to the prizes and that a winner will be responsible for obtaining and paying for any form of insurance relating to the prize that winner deems appropriate.
- Prize Terms: If for any reason the prize is unavailable or any prize or related event is delayed, cancelled or postponed, or for any other reason, Sponsor reserves the right to modify the Promotion in its sole discretion and award a substitute prize, or portion of a prize, of comparable or greater value as set forth in these Official Rules. Cable and/or mobile data service for prizes provided (as applicable) will be the sole responsibility of the winners. No substitution, transfer, assignment or cash equivalent of the prize, or any portion thereof, is permitted by a winner. Promotion Entities shall have no responsibility or obligation to the Winner who is unable or unavailable to, or who does not for any reason, accept or utilize the prize. All costs and expenses not specifically listed above as part of the prize are solely Winner’s responsibility. PRIZES ARE PROVIDED “AS IS”. PARTICIPANTS ACKNOWLEDGE THAT PROMOTION ENTITIES HAVE NEITHER MADE NOR ARE IN ANY MANNER RESPONSIBLE OR LIABLE FOR ANY WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO THE PRIZES AND ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Prizes pictured in online television, print advertising, and other Promotion materials are for illustrative purposes only. Arrangements for the fulfillment of the prizes will be made by Sponsor.
- Taxes: All federal, state and local taxes, and any other costs and expenses associated with acceptance or use of a prize not specifically provided for in these Official Rules are solely each winner’s responsibility.
- General Terms: Promotion Entities are not responsible if the Promotion cannot take place, or if a prize cannot be awarded due to delays, interruptions or failures due to acts of God, war, natural disasters, epidemic, pandemic, weather, acts or threats of terrorism, strikes, lockouts, labor disputes, work stoppages, fire, acts of government, or other events, whether similar or dissimilar to the foregoing, that are outside of the reasonable control of Promotion Entities. If, for any reason the Promotion is not capable of running as planned, including, without limitation, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the reasonable control of Promotion Entities, which, in Sponsor’s sole determination, corrupts or affects the administration, security, fairness, integrity or proper conduct of this Promotion, Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, or suspend the Promotion, or any part of the Promotion. If the Promotion or any part of the Promotion is terminated or modified prior to the closing date of the Promotion, Sponsor will use reasonable efforts to post a notice on Sponsor social channels if time permits. Sponsor reserves the right to modify and amend these Official Rules from time to time in its sole discretion during the Promotion for clarification purposes. Failure by Sponsor to enforce any term of these Official Rules shall not constitute a waiver of that provision.
Promotion Entities assume no responsibility for and will disqualify entries that are: stolen, late, lost, incomplete, invalid, unintelligible, altered, tampered with, unauthorized, fraudulent, damaged, destroyed, delayed, misdirected, or not received entries, or that have incorrect or inaccurate entry information, whether caused by any of the equipment or programming associated with or utilized in the Promotion, or by any human, mechanical or electronic error that may occur in the processing of the entries in the Promotion, or other errors appearing within the Official Rules or in any Promotion related advertisements. Promotion Entities assume no responsibility for any typographical or other error in the printing of the offer, administration of the Promotion, errors in processing entries, identifying the winners, in the announcement of the prizes and winners, and the delivery of the prizes, any problems or technical malfunction of any telephone network or lines, mobile phone, computer systems, online systems, servers or providers, computer equipment, software, failure of any e-mail or players on account of technical problems or traffic congestion on the Internet or on any web site, or any combination thereof, including, without limitation, any injury or damage to participant’s or any other person’s computer system/software or mobile phone or other portable electronic device related to or resulting from participation or downloading any materials in the Promotion. Use of any device to automate or subvert the entry process is prohibited and any entries received by such means will be void. Participants are prohibited from obtaining any entries by any fraudulent or inappropriate means, including, without limitation, offering prizes or other inducements to members of the public, as determined by Sponsor in its sole discretion. No software-generated, robotic, programmed, script, macro or other automated entries are permitted and any entries received by such means will be void. Sponsor reserves the right in its sole discretion to disqualify any person they suspect or find: (i) to have used a software generated, robotic, programmed, script, macro or other automated entry; (ii) to have tampered with the entry process or the operation of the Promotion; (iii) to be acting in a disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person; (iv) to display behavior that will bring such winner or Promotion Entities into disgrace; (v) to have provided inaccurate information on any legal documents submitted in connection with the Promotion; or (vi) to be acting in violation of these Official Rules. ANY VIOLATION OF THESE OFFICIAL RULES BY A WINNER WILL RESULT IN SUCH WINNER’S DISQUALIFICATION AS A WINNER OF THE PROMOTION AND ALL PRIVILEGES AS A WINNER WILL BE IMMEDIATELY TERMINATED.
As a condition of PARTICIPATING IN the Promotion, Participant agrees that: (i) under no circumstance will Participant be permitted to obtain prizes for, and Participant hereby waives all rights to claim, punitive, incidental, consequential or any other damages, other than for out-of-pocket expenses ASSOCIATED WITH ENTERING THE PROMOTION; (ii) PARTICIPANT WAIVES THE RIGHT TO A JURY TRIAL OF ANY AND ALL ISSUES AND THAT all causes of action arising out of or connected with this PROMOTION, or any prize AWARDed, shall be resolved individually, without resort to any form of class action by BINDING arbitration (by a single neutral arbitrator selected by Sponsor in its sole and absolute discretion) IN DUVAL COUNTY, FLORIDA; and (iii) any and all claims, judgments and prizes shall be limited to actual out-of-pocket costs incurred, but in no event SHALL SUCH CLAIMS, JUDGMENTS OR PRIZES INCLUDE attorneys' fees. This Promotion shall be governed by and construed in accordance with the laws of the state of FLORIDA WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES.
ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS PROMOTION OR UNDERMINE THE CONTENT OR THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAW AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR WILL DISQUALIFY ANY SUCH PARTICIPANT, AND SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH PERSON OR PERSONS TO THE FULLEST EXTENT PERMITTED BY LAW.
- Request for Name of Winners and Official Rules: All requests for a copy of the Official Rules and for the names of the winners (first name and state) must be made by May 5, 2020. Vermont residents may omit return postage if requesting a set of Official Rules. For the names of the winners and/or Official Rules: (i) send a self-addressed stamped envelope to: Attn: Amy Koebrick, 459 E. 16th St., Jacksonville, FL 32206 and (ii) write, as applicable, “Winner’s List” or “Official Rules” on the lower left hand corner of the envelope.
- Sponsored by: This Promotion is sponsored by Artist Project, LLC, Series II, d/b/a Artist Project Events, 459 E. 16th St., Jacksonville, FL 32206.