Push Pop® SOCIAL MEDIA SWEEPSTAKES OFFICIAL RULES
Push Pop® SOCIAL MEDIA SWEEPSTAKES
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.
These Official Rules constitute the full and complete Official Rules for the Push Pop social media Sweepstakes (“Sweepstakes”). The Sweepstakes is open only to legal residents of the 48 contiguous United States and District of Columbia who are 18 years of age or older and who have a valid Instagram account at the time the Promotion Period begins. Sweepstakes are void outside of the contiguous United States and where prohibited by law.
1. ELIGIBILITY: The Sweepstakes is open and offered only to legal residents of the 48 contiguous United States of America (“U.S.”), and the District of Columbia (“D.C.”), who are 18 years of age or older and have an Instagram account set to public at the time of entry. Your Instagram account must be public until a winner is selected so that Sponsor can contact you via your Instagram account if you are a potential winner. Residents of Alaska, Hawaii, Puerto Rico and U.S. territories are not eligible. Employees, officers, and directors of The Bazooka Companies, Inc. (“Sponsor”), its parent, subsidiaries, affiliates, agencies, and prize suppliers, and their immediate families (parent, child, sibling or spouse) and/or household members; and any other persons or entities associated with this Sweepstakes are ineligible to enter or win. Void outside of the 48 contiguous U.S. and D.C., and where prohibited or restricted by law.
2. SPONSOR: The Sweepstakes is sponsored by Bazooka Candy Brands, a division of The Bazooka Companies, Inc., 200 Vesey Street, 25th Floor, New York, NY 10281.
3. AGREEMENT TO OFFICIAL RULES: By participating, those who enter the Sweepstakes (“Entrants”) agree to abide by and be bound by these Official Rules and the decisions of Sponsor, which are final and binding in all matters relating to the Sweepstakes. Winning a Prize (defined below) is contingent upon fulfilling all the requirements set forth in these Official Rules.
4. PROMOTION PERIOD: The Promotion starts April 11, 2022 at 12:00 a.m. (midnight) Eastern Time (ET) and ends April 18, 2022 at 11:59 a.m. ET (“Promotion Period”). All entries must be received during the Promotion Period to be eligible. Sponsor’s database clock is the official time-keeping device for the Sweepstakes. Entries made outside of the Promotion Period will not be accepted.
5. HOW TO ENTER: You must have an active Instagram account and your profile and posts must be set to “public” in order to enter. You may submit an entry during the Promotion Period (an “Entry”). To submit an entry during the Promotion Period, go to the Push Pop® brand Instagram handle (@pushpopofficial) during that entry period and locate and comment on the Sweepstakes Post for that entry period, including the following information in your comment: (1) the emoji that is specified in that Sweepstakes Post; (2) the hashtags specified in the Sweepstakes Post; and (3) the tag specified in the Sweepstakes Post. You must also be following @pushpopofficial for your Entry to be eligible to win.
6. ENTRY REQUIREMENTS AND RESTRICTIONS: Entries will not be acknowledged. Limit one Entry per person, Instagram account, and household during the Promotion Period. Multiple comments to the same Sweepstakes Post will not result in multiple Entries or chances to win a Prize in the Sweepstakes, and only the first entry will be considered. Sponsor, in its sole discretion, may disqualify you from the Sweepstakes and/or remove any Entry if the Entry does not contain the required information described in Rule 5.
To be eligible, Entries must be received by Sponsor during the Promotion Period. Only entries received during the Promotion Period will be eligible to win the Prize. Entries received by Sponsor after the end of the Promotion Period are VOID. Those who do not follow all of the instructions, do not provide the required information in their Entry, or do not abide by these Official Rules or other instructions of Sponsor may be disqualified at Sponsor’s sole discretion. Entries made by any other individual or any entity, and/or using any e-mail address or Instagram account other than the Entrant’s, or submitted at any other website, including, without limitation, commercial promotion subscription notification and/or entering service sites, will be declared invalid and disqualified. Your submission of an Entry constitutes your representation of eligibility, consent to participate in the Sweepstakes and consent for Sponsor to obtain, use, and transfer your name, address, and other information for the purpose of Sweepstakes administration regarding the Sweepstakes and a Prize.
7. GENERAL CONDITIONS: If for any reason the operation or administration of this Sweepstakes is impaired or incapable of running as planned for any reason, including but not limited to: (a) infection by computer virus, bugs; (b) tampering, unauthorized intervention; (c) fraud; (d) technical failures; or (e) any other causes of the Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, the Sponsor reserves the right at its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Sweepstakes in whole or in part, at any time, without notice and award the applicable Prize using all non-suspect eligible entries received as of, or after (if applicable) this cancellation, termination, modification or suspension date, or in any manner that is fair and equitable and best conforms to the spirit of these Official Rules. Sponsor reserves the right, at its sole discretion, to disqualify any individual deemed to be (y) tampering or attempting to tamper with the entry process or the operation of the Sweepstakes; or (z) acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE, INCLUDING WITHOUT LIMITATION THE OFFICIAL RULES WEBSITE, OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE 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.
Failure by the Sponsor to enforce any provision of these Official Rules shall not constitute a waiver of that provision. In the event of a dispute as to the identity of a Winner based on an Instagram account, the authorized account holder of the Instagram account used to submit at time of Entry, will be deemed the Entrant. “Authorized account holder” is defined as the natural person who is assigned to an Instagram account. Potential winners may be required to show proof of being the authorized account holder.
8. RELEASE AND LIMITATIONS OF LIABILITY: By participating in the Sweepstakes, Entrants agree to release and hold harmless Sponsor, Instagram, any manufacturers or issuers of the Prizes, and each of their respective parents, employees, officers, directors, subsidiaries, affiliates, distributors, sales representatives, advertising and promotional agencies (collectively, the “Released Parties”) from and against any claim, liability, or cause of action arising out of participation in the Sweepstakes or receipt, use, or misuse of any Prize, including, but not limited to: (a) any technical errors that may prevent an Entrant from submitting an Entry; (b) unauthorized human intervention in the Sweepstakes; (c) printing errors; (d) errors in the administration of the Sweepstakes or the processing of Entries; or (e) injury, death, or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Sweepstakes or receipt of any Prize. Released Parties assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. Released Parties are not responsible for any problems or technical malfunction of any telephone network or telephone lines, computer online systems, servers, or providers, computer equipment, software, failure of any e-mail or entry to be received by Sponsor on account of technical problems, human error or traffic congestion on the Internet or at any website, or any combination thereof, including any injury or damage to the Entrant’s or any other person’s computer relating to or resulting from participation in this Sweepstakes or downloading any materials in this Sweepstakes. Entrant further agrees that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Sweepstakes, and in no event shall the Released Parties be liable for attorney’s fees. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
9. WINNER DETERMINATION/NOTIFICATION: Prize winners will be selected by random drawing. The approximate drawing date is within three (3) days of the end of the Promotion Period. The potential winner will be contacted via direct message to the Instagram account used to submit his/her Entry. If the potential winner does not respond within three (3) days after the first attempt to contact him/her, or the Prize notification is returned as undeliverable, that potential winner will be deemed to have forfeited the Prize. Winning the Prize is contingent upon fulfilling all requirements set forth herein. Should the potential Prize winner be disqualified, deemed ineligible, or forfeit the Prize, the alternate potential winner will be selected from among all remaining eligible entries received.
Except where prohibited by law, the potential winner will be required to complete and return an affidavit of eligibility, a liability release, and/or a publicity release within seven (7) days of receipt prior to claiming the Prize. In the event of noncompliance with this requirement (if applicable) or if potential winner cannot be contacted for any reason, the Prize will be forfeited, an alternate winner may be selected from the remaining eligible entries received, and Sponsor shall have no liability or obligation to such person.
10. PRIZES: Four (4) winners (each a “Winner”) will be selected by Sponsor from all eligible Entries received during the Promotion Period. Each Winner will receive a prize package consisting of an assortment of Push Pop® candy (the “Prize”) approximately four- (4-) to six- (6-) weeks after receipt by Sponsor from Winner of a completed affidavit. No substitution or transfer of Prize by Winner will be permitted. Sponsor will not replace any lost or stolen Prize. Total approximate retail value (ARV) of each Prize: U.S. $75; total ARV of all Prizes: U.S. $300.
11. PRIZE CONDITIONS:
All federal, state, local, or other tax liabilities, including but not limited to income taxes or like amounts in connection with a Winner’s award, acceptance, or use of the Prize arising from this Sweepstakes will be the sole responsibility of the Winner.
By accepting a Prize, where permitted by law, the Winner grants to the Released Parties and those acting pursuant to the authority of Sponsor (which grant will be confirmed in writing upon Sponsor’s request), the right to print, publish, broadcast and use worldwide IN ALL MEDIA without limitation at any time a Winner’s full name and/or biographical information, and posts and comments, for advertising, trade and promotional purposes without further payment or additional consideration, and without Winner’s review or approval, or notification to Winner.
By participating in the Sweepstakes, you release and hold the Released Parties harmless from any claims, damages or losses of any kind (including without limitation, direct, indirect, incidental, consequential, or punitive damages), including but not limited to claims, damages, or losses based on defamation, libel, false light, copyright infringement, or rights of publicity, arising out of participation in this Sweepstakes or the acceptance, possession, use, or misuse, or any harm resulting from the acceptance, possession, use, or misuse of a Prize.
13. DISPUTE RESOLUTION; GOVERNING LAW; WAIVER OF TRIAL BY JURY: By entering the Sweepstakes, Entrants agree that (a) any action at law or in equity arising out of or relating to the Sweepstakes, these Official Rules, or the rights and obligations of any participant and/or Sponsor, shall be filed in either the courts of the State of New York, County of New York OR the U.S. District Court for the Southern District of New York and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action (and expressly waive any right of change of venue, forum non conveniens or any like right), AND ANY RIGHT TO A TRIAL BY JURY AND A TRIAL BY JURY IS HEREBY WAIVED; (b) any and all disputes, claims, and causes of action arising out of or connected with the Sweepstakes, or any prizes awarded, shall be resolved individually, without resort to any form of class action; (c) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes but in no event attorneys’ fees; and (d) under no circumstances will any Entrant be permitted to obtain any award for, and Entrant hereby waives all rights to claim punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, shall be governed by, and construed in accordance with the laws of New York without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of the laws of any jurisdiction other than New York. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. The value of the prizes set forth above represents Sponsor’s good faith determinations of the ARV thereof and such determinations are final and binding and cannot be appealed.
14. WINNERS LIST REQUEST: To request confirmation of the name, city, and state of residence of the Winners, please send a self-addressed, stamped business size envelope prior to April 30, 2022, indicating the Sweepstakes, to: “Bazooka Candy Brands Social Media Sweepstakes WINNER LIST”, The Bazooka Companies, Inc., 200 Vesey Street, 25th Floor, New York, NY 10281.
This promotion is in no way sponsored, endorsed or administered by, or associated with, Instagram or Meta, Inc.
The trademarks associated with the Prize are the property of their respective owners.
©2022 The Bazooka Companies, Inc. All rights reserved.