Duraflame® Electric Lantern Fall 2019 Sweepstakes
OFFICIAL SWEEPSTAKES RULES
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. OPEN TO NATURAL PERSONS WHO ARE LEGAL RESIDENTS OF THE FIFTY (50) UNITED STATES AND THE DISTRICT OF COLUMBIA, WHO ARE EIGHTEEN (18) YEARS OF AGE OR OLDER AT THE TIME OF ENTRY AND WHO MEET THE ELIGIBILITY REQUIREMENTS SET FORTH BELOW. THIS SWEEPSTAKES IS FOR ENTRY IN THE UNITED STATES ONLY AND WILL BE CONSTRUED AND INTERPRETED UNDER THE LAWS OF THE UNITED STATES. DO NOT ENTER IF YOU ARE NOT ELIGIBLE AND LOCATED IN THE UNITED STATES AT THE TIME OF ENTRY. THE SWEEPSTAKES IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW OR REGULATIONS. ALL FEDERAL, STATE AND LOCAL REGULATIONS APPLY.
1. GENERAL RULES. By entering this Sweepstakes, entrants accept and agree to be bound by these Official Rules. Any violation of these rules may result in disqualification. Entrants understand and agree that no confidential or fiduciary relationship is established by entering the Sweepstakes hereunder and nothing in these Official Rules shall be deemed to place Sponsor in any different position from anyone else to whom entrant has not entered the Sweepstakes. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Should the Contest be terminated prior to the stated expiration date, notice will be posted on the Website.
2. SWEEPSTAKES ENTRY PERIOD. The DURAFLAME® ELECTRIC LANTERN FALL 2019 SWEEPSTAKES (the “Sweepstakes”) begins 12:01:00 A.M. EST Monday, November 18, 2019 and ends 11:59:00 P.M. EST Friday, November 22, 2019 (“Sweepstakes Entry Period”). Sponsor’s clock shall be the official clock of the Sweepstakes. Sponsor reserves the right to terminate the Sweepstakes Entry Period at any time with or without notice to eligible participants.
3. ELIGIBILITY. This Sweepstakes is only offered in the United States and the District of Columbia (where legal) and is only open to natural persons who as of the Sweepstakes Entry Period, are legal United States residents (of such jurisdictions where the Sweepstakes is lawfully offered), and who are eighteen (18) years of age or older. All entrants must have an Instagram® account in good standing and follow the Sponsor’s Instagram® page to be eligible to enter. If you are entering the Sweepstakes from a mobile device, you may be required to turn on location services on your mobile device. Message and data rates may apply. All charges are billed by and payable to your mobile service provider. Sponsor does not charge for receiving text messages.
Employees, officers and directors (and their immediate families, parents, children, spouses and siblings, regardless of where they live and members of their same households,(whether related or not) of Sponsor or Administrator or their parent, subsidiaries, affiliates and agencies; and entities engaged in the development, distribution, implementation or administration of the Sweepstakes are not eligible to enter. These are the Official Rules. This Sweepstakes is subject to all applicable Federal and State laws of the fifty (50) United States and the District of Columbia and are subject to change without notice in order to comply with them. This Sweepstakes is void in Puerto Rico, all US territories and possessions. Sponsor reserves the right to verify eligibility at any time.
Sponsor reserves the right in its sole and unfettered discretion to disqualify any individual who does not meet the eligibility requirements or comply with any other provisions of these Official Rules. In addition, Sponsor reserves the right to disqualify any entry that is deemed in Sponsor’s sole discretion to violate these Official Rules.
4. HOW TO ENTER. Beginning on the Sweepstakes Entry Period, you may enter the Sweepstakes through the entry method listed below. Multiple entrants are not permitted to share the same Instagram® account. Any attempt by you to obtain multiple entries by using multiple/different Instagram® accounts, identities, registrations or logins, or any other methods may void your entries and you may be disqualified from the Sweepstakes. An entrant must provide all information requested to be eligible to win. Incomplete, unreadable, or unintelligible entries shall be disqualified.
Any use of robotic, repetitive, automatic, programmed or similar entry methods or agents (including, but not limited to, sweepstakes or contest entry services) will void all entries by you. 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 associated with the Instagram® account. Potential winners may be required to show proof of being the authorized account holder.
Sponsor is not responsible for faulty, incorrect, or incorrectly transcribed Intstagram® post transmissions, or announcements of any kind, technical hardware or software failures of any kind including any injury or damage to any person's computer related to or resulting from participating in or experiencing any materials in connection with the Sweepstakes, lost or unavailable network connections, or failed, incomplete, garbled, or delayed computer transmission that may limit an entrant's ability to redeem a prize, or any error that may occur in the processing of registrations or codes. All entries become the exclusive property of Sponsor and will not be acknowledged or returned.
Method of Entry: Beginning on the Sweepstakes Entry Period, entrants may enter the sweepstakes by, using the Instagram® functionality,
- Visiting the Sponsor’s Instagram® page at www.instagram.com/twinstarhome/;
- Liking the Sweepstakes post on Sponsor’s Instagram® page; and
- Leaving a comment on the Sweepstakes post, which tags one (1) person’s Instagram® account.
All entrants must follow the Sponsor’s Instagram® page to be entered. Entrants may tag one (1) Instagram® account per comment, and each comment shall be deemed one (1) entry. Additional comments that tag another person’s Instagram® account shall be counted as additional entries.
5. WINNER SELECTION AND NOTIFICATION. A total of one (1) Prize winner will be determined by a random drawing from all eligible entries received during the Sweepstakes Entry Period. A random drawing will be conducted by the Sponsor using randomization methods selected in its sole discretion, to take place on or about Monday, November 25, 2019 (the “Drawing Date”), following the conclusion of the Sweepstakes Entry Period. All decisions are final and binding. Sponsor will attempt to notify the potential winner by Sponsor will attempt to notify the Potential Winners via an Instagram® post tagging the potential winner’s Instagram® account. To claim the prize, the potential winner must (1) respond to Sponsor’s notification confirming that he/she is a winner within seven (7) days of successfully being notified by the means listed above, and (2) within five (5) days of responding to Sponsor’s notification, send Sponsor the signed and notarized Affidavit of Eligibility, Liability Release, tax forms (as applicable), and (where legal) Publicity Release (collectively, “Prize Claim Documents”).
In the event that more than one individual responds to any single potential winner notification and claims to be the entrant who posted the selected entry, the Sponsor reserves the right, in its sole discretion, to disqualify the entry associated with the Instagram® account used to make the entry.
If a potential winner cannot be contacted, does not respond within seven (7) days from the time the Sponsor first tries to notify him/her, the Prize notification is returned as undeliverable, and/or the potential winner doesn’t sign and return the Prize Claim Documents within the time allotted, such potential winner forfeits all rights to win the Sweepstakes and receive the Prize, and an alternate potential winner may be selected in a random drawing from among all remaining eligible entries on or about Friday, December 6, 2019 (the “Alternate Drawing Date”). Sponsor is not responsible for any messages not received by the potential winner, or for suspended or discontinued Internet service that may result in potential winners not receiving the prize notification.
6. PRIZE DESCRIPTION AND ODDS STATEMENT. There will be a total of one (1) Prize, awarded, which shall consist of a Duraflame® electric lantern (the “Prize”). The Prize is not transferable or redeemable for cash. Odds of winning are determined by the total number of eligible entries received during the entire Sweepstakes Entry Period. The total approximate retail value of the Prize is one hundred sixty-five United States dollars ($165.00 USD). Any valuation of the Prize stated herein is based on available information provided to Sponsor and the value of any Prize awarded to a winner may be reported for tax purposes and as required by law. Lost or stolen Prizes will not be replaced.
7. GENERAL PRIZE CONDITIONS. Incidental expenses and all other costs and expenses, which are not specifically listed as part of a Prize in these Official Rules and which may be associated with the award, acceptance, receipt and use of all or any portion of the awarded Prize, are solely the responsibility of the respective Prize winner. All details and other restrictions of the Prize not specified in these Official Rules will be determined by Sponsor in its sole discretion. The Prize will be delivered only to an address in the United States.
8. TAXES. All federal, state and/or local income and other taxes, if any, associated with the receipt of use of any Prize are the respective Prize winner's sole responsibility. Valid taxpayer ID or Social Security number may be required from the respective Prize winner when accepting the Prize. An IRS1099 form or other applicable tax form may be issued to the respective Prize winner. The Prize shall not be awarded until all such properly executed and forms are returned within the time allotted in these Official Rules.
9. NO PRIZE TRANSFER OR SUBSTITUTION. No Prize or any portion thereof is assignable or transferable. No Prize or any portion thereof is redeemable for cash. No substitutions for a Prize are permitted, except by Sponsor in its sole discretion, or in the event a Prize is unavailable, in which case a Prize of equal or greater value may be substituted. The Prize cannot be used in conjunction with any other promotion or offer. Winner agrees to accept the Prizes “as is”, and both winner and entrants hereby acknowledge that Sponsor has neither made nor is in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to the Prize, including express warranties (if any) provided exclusively by a Prize supplier that are sent along with the Prize.
10. LIMITATION OF LIABILITY/CONSENT AND RELEASE. By entering the Sweepstakes each entrant releases and discharges the Sponsor, Administrator, and their respective affiliates, subsidiaries, parents, advisors, consultants, advertising and promotion agencies, any and all Internet servers and access provider(s), and any other party associated with the development or administration of this Sweepstakes, their parent, subsidiary, and affiliated entities, and each of their respective officers, directors, members, shareholders, employees, independent contractors, agents, representatives, successors and assigns (collectively, “Sponsor Entities”), harmless from any and all liability whatsoever in connection with this Sweepstakes, including without limitation claims, costs, injuries, losses or damages, demands or actions of any kind (including without limitation personal injuries, death and bodily injury, whether due to negligence or otherwise, damage to, loss or destruction or property, rights of publicity or privacy, defamation, or portrayal in a false light) (collectively, “Claims”), due in whole or in part, directly or indirectly, to participation in the Sweepstakes or any Sweepstakes-related activity, or participation in any Prize-related activities, or the receipt and/or misuse of any Prize. Under no circumstances will any entrant be permitted to obtain awards for, and entrant hereby knowingly and expressly waives all rights to claim, punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses and/or any rights to have damages multiplied or otherwise increased. All 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. Any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred (if any), excluding attorneys’ fees and court costs.
Except where prohibited by law: (i) acceptance of a Prize constitutes the consent of any winner, without further compensation, to use the name, entry, photographs, trademarks, statements, opinions, biographical information, voices, city and state addresses of residence, and likeness of such winner on a worldwide basis, in all forms of media and in perpetuity, for editorial, marketing, advertising and publicity purposes by the Sponsor and/or others authorized by the Sponsor; (ii) acceptance of a prize constitutes a release by any winner of the Sponsor Entities of any and all Claims in connection with the administration of this Sweepstakes and the use, misuse, or possession of any Prize; and (iii) acceptance of a Prize constitutes a waiver of any and all entrant’s costs of verification and redemption or travel to claim said Prize and any liability and publicity which might arise from claiming or seeking to claim said Prize.
You further understand and agree that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived. You acknowledge that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The releases in this Section 10 and the Official Rules 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.
11. DISCLAIMERS. (i) Entries that are lost, late, misdirected, stolen, incorrect, garbled, or incompletely received, for any reason, including by reason of computer or electronic malfunction, will not be eligible; (ii) Sponsor in its sole discretion, reserves the right to disqualify any person tampering with the entry process; (iii) Sponsor further reserves the right to cancel, terminate or modify the Sweepstakes if it is not capable of completion as planned, including postal or technical failures of any sort; (iv) Sponsor Entities are not responsible for errors in the administration or fulfillment of this Sweepstakes, including without limitation mechanical, human, printing, distribution or production errors, and may modify or cancel this Sweepstakes based upon such error at its sole discretion without liability; (v) SPONSOR ENTITIES MAKE NO AND HEREBY DISCLAIM ANY AND ALL WARRANTIES, REPRESENTATIONS OR GUARANTEES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, IN REGARDS TO THIS SWEEPSTAKES OR THE MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT REGARDING ANY PRIZE OR ANY COMPONENT OF ANY PRIZE. SUCH PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED; (vi) CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING WITHOUT LIMITATION ATTORNEYS' FEES) FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
12. BINDING ARBITRATION: By participating in the Sweepstakes , you and Sponsor agree that any controversy or claim arising out of or relating to this Sweepstakes shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by you and Sponsor, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The JAMS Rules and Procedures are available at www.jamsadr.com or by calling (800) 352-5267. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE ENTRANT’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS SWEEPSTAKES IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.
BY PARTICIPATING IN THE SWEEPSTAKES, EACH ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION AND (2) 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 LIMITATIONS OR EXCLUSION OF LIABILITY SET FORTH ABOVE AND IN SECTION 11, SO SUCH LANGUAGE MAY NOT APPLY TO EVERY ENTRANT.
13. APPLICABLE LAWS AND JURISDICTION. This Sweepstakes is subject to all applicable federal, state, and local laws and regulations. Issues concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrants and Sponsor in connection with the Sweepstakes, shall be governed by the laws of the State of Florida, without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth in Section 13 of these Official Rules and/or for entering any judgment on an arbitration award, shall take place in the appropriate court located in Palm Beach County, Florida and entrants hereby waive any objection to such jurisdiction and venue. Any claim or cause of action arising out of or related to this Sweepstakes or these Official Rules must be filed within one (1) year after such claim or cause of action arose regardless of any law to the contrary. In the event any such claim or cause of action is not filed within such one (1) year period, such claim or cause of action shall be forever barred. All disputes arising out of or connected with this Sweepstakes will be resolved individually, and without resort to class action. All judgments or awards shall be limited to actual out-of-pocket damages (excluding attorneys' fees) associated with participation in this Sweepstakes and shall not include any indirect, punitive, incidental and/or consequential damages.
14. Severability. If any provision of these Official Rules shall be held invalid, illegal or unenforceable, such provision shall be enforced to the maximum extent permitted by law and the Sponsor’s fundamental intentions hereunder, and the remaining provisions shall not be affected or impaired, provided, however, that in such cases the parties oblige themselves to use their best efforts to achieve the purpose of the invalid provision by a new legally valid stipulation.
15. WINNER LIST. The winner’s name will be posted on Sponsor’s Instagram® page after the Drawing Date. Alternatively, for the name of the winner, send an e-mail to [email protected] with “Winner List – DURAFLAME® ELECTRIC LANTERN FALL 2019 SWEEPSTAKES” in the subject line, or send a self-addressed stamped envelope, within six (6) months of the Drawing Date or Alternate Drawing Date (as applicable), to:
Twin Star International, Inc.
ATTN: Winner List - DURAFLAME® ELECTRIC LANTERN FALL 2019 SWEEPSTAKES
1690 South Congress Ave – Suite 210
Delray Beach, Florida 33445
16. SPONSORSHIP. This Sweepstakes is sponsored by Twin Star International, Inc., doing business as Twin Star Home, 1690 South Congress Ave, Suite 210
Delray Beach, Florida 33445 (the “Sponsor”), and administered by PeakActivity, 1880 N Congress Ave, Suite 311, Boynton Beach, Florida 33426 (the “Administrator”).
The DURAFLAME® trademark is a registered trademark of Duraflame, Inc., used under license. Duraflame, Inc. is not a sponsor or administrator of the Sweepstakes.
The Sweepstakes and all accompanying materials are © 2019 Twin Star International, Inc.