Space Foam™ February 2020 Instagram Giveaway
NO PURCHASE NECESSARY TO ENTER OR WIN. MAKING A PURCHASE OR CONTRIBUTION WILL NOT IMPROVE CHANCE OF WINNING. VOID WHERE PROHIBITED.
Preliminary Information and Giveaway Period: The Space FoamTM Pillow Giveaway (the “Giveaway”) is open for entries starting February 27, 2020 at 1:00PM Eastern Standard Time (EST). All entries must be submitted by 4:00PM EST on February 29, 2020 (the “Giveaway Deadline”). The Giveaway is subject to all applicable federal, state and local laws. The Giveaway is sponsored by Space Foam LLC (the “Sponsor”) having a principal place of business at 340 S Lemon Ave. #6258 Walnut, CA 91789.
Agreement to Rules: By participating, the Entrant agrees to be fully and unconditionally bound by these Rules and decision of Sponsor, which shall be final and binding. Entrant represents and warrants that he/she meets the eligibility requirements. In addition, Entrant agrees to accept the decisions of Sponsor as final and binding as it relates to the content of this Giveaway.
- Eligibility: Entrant may enter to win if he or she is a legal resident of any of the 50 United States or the District of Columbia and is at least 18 years of age at the time of entry. Entrant must have an Instagram account in order to participate in the Giveaway. Instagram accounts can be created for free at: https://www.instagram.com/. The Giveaway is void in Puerto Rico, Guam, U.S. Territories and outside of the United States, and where restricted or prohibited by law. Employees of Sponsor, its affiliates and its advertising, promotion and production agencies, and their immediate families (spouses, parents, children, and siblings and their spouses) and household members (whether related or not), are not eligible to participate. The Giveaway is subject to all state, federal and local laws and regulations. Winning a prize is contingent upon fulfilling all requirements set forth in these Rules.
- How to Enter: To enter, Entrants must:
- Comment on the @SpaceFoam Instagram post that was posted on February 27, 2020, tag a friend, and add the hashtag #IceFibre
By entering a Submission, Entrant agrees that his/her Submission conforms to the guidelines defined below (the “Submission Guidelines”) and that Sponsor, in its sole discretion, may remove the Submission and disqualify Entrant from the Giveaway if it believes the Submission fails to conform to the Submission Guidelines or is otherwise not in compliance with these Rules.
- The Submission must not contain material that violates or infringes another’s rights, including but not limited to privacy, publicity, or intellectual property rights, or that constitutes copyright infringement;
- The Submission must not disparage Sponsor or any other person or party affiliated with the Giveaway, or any other person or third party;
- The Submission must not contain brand names or trademarks (other than Sponsor’s trademarks) of any third party;
- The Submission must not contain images or content not created by Entrant;
- The Submission must not contain material that is inappropriate, indecent, obscene, hateful, tortious, defamatory, slanderous or libelous; and
- The Submission must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any state where Submission is created.
Entrant may not submit more than one entry. Submissions that are incomplete or that contain errors, copyrighted images or inappropriate, derogatory, or defamatory images or language, nudity, violence or profanity will be automatically disqualified in Sponsor’s sole discretion. Sponsor is not responsible for lost, late, misdirected, altered or destroyed Submissions. If Entrant uses fraudulent methods or otherwise attempts to circumvent these Rules, the Submission may be removed from eligibility at the sole discretion of Sponsor. The Entrant may be asked to provide all appropriate clearances, permissions and releases for the Submission.
- Prize: The Winner of the Giveaway (“Winner”) will receive a Grand Prize consisting of the following:
A Space FoamTM Standard/Queen Pillow
The approximate retail value of the Grand Prize is $75.
The Grand Prize will be shipped to Winner’s provided address within four (4) weeks of notification. Any applicable Federal, State or Local taxes and any other expenses associated with the receipt of the Grand Prize are solely the responsibility of the Winner. The Grand Prize is not transferable, redeemable for cash, or exchangeable for any other prize. Sponsor reserves the right to substitute the Grand Prize with another prize of equal or greater value if advertised prize or any component thereof is not available.
Sponsor is not responsible for lost or stolen merchandise. Any portion of the Grand Prize not used by Winner is forfeited and no cash substitute will be offered. By entering this Giveaway and accepting the Grand Prize, the Winner agrees to maintain his/her behavior in accordance with all applicable laws and generally accepted social practices in connection with participation in any Giveaway or prize-related activity. The winner understands and agrees that Sponsor has the right, in its sole discretion, to disqualify and remove the Winner from any activity at any time if the Winner's behavior at any point is uncooperative, disruptive, or may or does cause damage to person, property, or the reputation of Sponsor or otherwise violates the policies of the Sponsor, and in such a case, the Winner will still be solely responsible for all taxes and other expenses related to the Grand Prize.
- Winner Selection and Notification: One (1) winner (the “Winner”) will be selected under the supervision of the Sponsor. The Sponsor will randomly select one winner among all of the eligible entries. Selection of the winner is final and binding.
Winner will be notified by direct message on Instagram within three (3) days following selection of Winner. Sponsor shall have no liability for Winner’s failure to receive notices due to spam, junk email, or other security settings or for Winner’s provision of incorrect or otherwise non-functioning contact information. If Winner cannot be contacted, is ineligible, fails to claim the prize within three (3) days from the time the award notification was sent, or fails to timely return a completed and executed declaration and release as required, the prize may be forfeited, and an alternate Winner selected. Receipt by Winner of the prize offered in this Giveaway is conditioned upon compliance with any and all federal, state, and local laws and regulations. Any violation of these Rules by Winner (at Sponsor’s sole discretion) will result in Winner’s disqualification as Winner of the Giveaway, and all privileges as Winner will be immediately terminated.
- Rights Granted by Entrant: By entering this Giveaway, Entrant understands and agrees that Sponsor, anyone acting on behalf of Sponsor, and Sponsor’s licensees, successors, and assigns, shall have the right, where permitted by law, to print, publish, broadcast, distribute, and use in any media now known or hereafter developed, in perpetuity and throughout the World, without limitation, Entrant’s Submission, name, portrait, picture, voice, likeness, image, statements about the Giveaway, and biographical information for news, publicity, information, trade, advertising, public relations, and promotional purposes, without any further compensation, notice, review, or consent. By entering this Giveaway, Entrant represents and warrants that the Submission is an original work of authorship and does not violate any third party’s proprietary or intellectual property rights or right of publicity. If the Submission infringes upon the right of any third party including, without limitation, any intellectual property right or right of publicity, Entrant will be disqualified at the sole discretion of Sponsor. If the content of the Submission is claimed to constitute infringement of any proprietary or intellectual proprietary rights or right of publicity of any third party, Entrant shall, at his or her sole expense, defend or settle against such claims. Entrant shall indemnify, defend, and hold harmless Sponsor from and against any suit, proceeding, claims, liability, loss, damage, costs or expense (including attorneys’ fees), which Sponsor may incur, suffer, or be required to pay arising out of such infringement or suspected infringement of any third party’s right.
- Terms & Conditions: Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Giveaway should virus, bug, non-authorized human intervention, fraud, or other cause beyond Sponsor’s control corrupt or affect the administration, security, fairness, or proper conduct of the Giveaway. In such case, Sponsor may select the Winner from all eligible Submissions received prior to and/or after (if appropriate) the action taken by Sponsor. Sponsor reserves the right, in its sole discretion, to disqualify any individual who tampers or attempts to tamper with the submission process or the operation of the Giveaway or website or violates these Rules. Sponsor has the right, in its sole discretion, to maintain the integrity of the Giveaway and to void Submissions for any reason. Any attempt by an Entrant to deliberately damage any website or undermine the legitimate operation of the Giveaway may be a violation of criminal and civil laws. Should such attempt be made, Sponsor reserves the right to seek damages to the fullest extent permitted by law.
- Limitation of Liability: By entering, Entrant agrees to release and hold harmless Sponsor and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers, and directors from any liability, illness, injury, death, loss, litigation, claim, or damage that may occur, directly or indirectly, whether caused by negligence or not, from: (i) such Entrant’s participation in the Giveaway and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof; (ii) technical failures of any kind, including but not limited to the malfunction of any computer, cable, network, hardware, or software, or other mechanical equipment; (iii) the unavailability or inaccessibility of any transmissions, telephone, or Internet service; (iv) unauthorized human intervention in any part of the submission process or the Giveaway; (v) electronic or human error in the administration of the Giveaway or the processing of entries.
- Disputes: This Giveaway is governed by the laws of the United States of America and California, without respect to conflict of law doctrines. As a condition of participating in this Giveaway, Entrant agrees that any and all disputes that cannot be resolved between the parties and causes of action arising out of or connected with this Giveaway, shall be resolved individually, without resort to any form of class action, exclusively before a court located in California having jurisdiction. Further, in any such dispute, under no circumstances shall Entrant be permitted to obtain awards for, and hereby waives all rights to, punitive, incidental, or consequential damages, including reasonable attorney’s fees, other than Entrant’s actual out-of-pocket expenses (i.e. costs associated with entering this Giveaway). Entrant further waives all rights to have damages multiplied or increased.