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Seedling USA, Inc.

“#leapintospring Instagram Sweeps”

Official Sweepstakes Rules

 

NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.

 

Please read these rules before entering Seedling USA, Inc.’s #leapintospring Instagram Sweeps (the "Sweepstakes"). You agree that by entering this Sweepstakes you will be bound by these Official Sweepstakes Rules (the "Rules"), and you acknowledge that you satisfy all Sweepstakes eligibility requirements.

 

Eligibility. This Sweepstakes is limited to legal residents of the fifty (50) United States of America and the District of Colombia (Sweepstakes excludes residents of all other U.S. territories, commonwealths and possessions, including but not limited to Puerto Rico). Entrants must be at least 18 years of age and of the age of legal majority in your state of residence at the time of entry and must have an Instagram account. Employees, officers, and directors of Seedling USA, Inc. and the partnering companies directly connected with the creation and/or administration of this Sweepstakes, their affiliates, subsidiaries, advertising and promotion agencies, and immediate family members and persons living in their same household are not eligible. This Sweepstakes is subject to all applicable laws and regulations and is void where prohibited by law.

 

Sponsor. This Sweepstakes is sponsored by Seedling USA, Inc. (the "Sponsor"). Seedling is located at 923 E. 3rd Street #115, Los Angeles, CA 90013.

 

Timing. The Sweepstakes will run from 11:00am PST on February 29, 2016 to 11:59pm PST on March 6, 2016 (the "Sweepstakes Period"). Sponsor’s computer is the official time keeping device for the Sweepstakes.

 

How to Enter. 

 

To enter the Sweepstakes each entrant must:

 

(1) Follow @seedling on Instagram; and

 

(2) Follow @peekkids on Instagram; and

 

(3) “Like” the giveaway photo posted on the @seedling Instagram account

 

(4) Tag a friend in the comments of the photo

 

A Winner must continue with step (4) above from the time such Entry is submitted to the time the Winner is selected, in addition to agreeing to these Official Rules to qualify for a Prize.

 

Sponsor is responsible for managing Entries and the random selection of those Entries.  Sponsor is not responsible for any lost, late, undeliverable or undelivered entries.

 

Any attempt by any Entrant to obtain more than the stated number of Entries by using multiple/different Instagram accounts, identities, registrations and logins, or any other methods will void that Entrant’s entires and that entrant may be disqualified. In the event of a dispute as to any Entry, the authorized account holder of the Instagram account used to particpate will be deemed to be the Entrant.

 

Prize. Of the Sweepstakes Entries, one (1) people will be chosen at random and will receive one (1) $100 gift card to seedling.com and (1) $50 gift card to Peek.

 

Prizes cannot be transferred, assigned, or redeemed for their cash value. All prizes will be awarded “AS IS” and “WITHOUT WARRANTY OF ANY KIND,” express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose).

 

Taxes. The Prize Winner is responsible for all taxes and fees associated with prize receipt and/or use.

 

Prize Drawing for Participants. One (1) Prize Winner will be selected at random from the Entries properly submitted during the Sweepstakes Period by March 6, 2016. The Prize Winner will be notified via comment and tagging in the Qualifying Picture. If a potential winner does not respond within seven (7) days of being contacted, the potential winner forfeits the prize. Sponsor reserves the right, in its sole and absolute discretion, to select an alternate eligible Prize Winner(s) from among the remaining eligible entries (in which case the forgoing provisions of this section shall apply to such new selected Prize Winner). Prize Winner(s) will be sent an acceptance package to be completed and returned to Sponsor. The Winner(s) will receive the acceptance package via e-mail. The Winner(s) will have 30 (30) days from the date such acceptance package is received to claim his/her Prize by completing and returning, as evidenced by post mark or e-mail time stamp, the Affidavit of Eligibility, the Publicity/Liability Release, and the US IRS Form W-9, if applicable. If the Prize Winner cannot be contacted, provides incorrect e-mail, is ineligible, does not comply with these Official Rules, fails to claim the Prize, fails to return the completed and executed forms as required, or if the Prize notification or Prize is returned as undeliverable, an alternate eligible Prize Winner may, in Sponsor’s sole discretion, be selected. All prizes will be fulfilled approximately one month after the conclusion of the Sweepstakes. For more information on the specific drawing and randomization procedures, please send an express written request to: Seedling USA, Inc. Attn: #leapintospring Instagram Sweeps, 923 E. 3rd Street #115, Los Angeles, CA 90013.

 

Odds of Winning. Odds of winning a prize depend on the number of eligible entries received at the end of the Sweepstakes Period.

 

Winners' List. The Winner List will be compiled after the winner’s confirmation process is complete and will be made available upon express written request. Please send all requests for the Winners' List to: Seedling USA, Inc. Attn: # leapintospring Instagram Sweeps, 923 E. 3rd Street #115, Los Angeles, CA 90013.

 

Publicity. Except where prohibited by law, participation in the Sweepstakes constitutes the Prize Winner’s grant to Sponsor and its subsidiaries, affiliates and those acting pursuant to its authority, a perpetual, worldwide, royalty-free license and right to print, publish, broadcast and use in any media now known or hereafter developed, including but not limited to the World Wide Web, at any time or times, the winner's name, address (city & state), portrait, picture, voice, likeness and biographical information for advertising and promotional purposes, without additional review, compensation, permission or approval of any Prize Winner. Prize Winner agrees that the Sponsor shall have no liability whatsoever for, and the Prize Winner will defend and hold harmless Sponsor from any liability resulting from any injury, loss or damages of any kind to persons, including death, and property, or the posting of a any picture, due in whole or in part, directly or indirectly, from the acceptance, possession, use or misuse of the Prize or participation in this Sweepstakes. All Entries become the sole property of Sponsor and none will be returned. In the event of a dispute, Entries will be deemed made by the authorized account holder of the Instagram account submitted at the time of Entry. The “authorized account holder” is deemed the natural person who is assigned to an Instagram account by Instagram. The eligible Prize Winner may be requested to provide Sponsor proof that the eligible Prize Winner is the authorized account holder of the Instagram account associated with the winning Entry.

 

Release. Sponsor assumes no responsibility for: (1) technical delays or failures of any kind, (2) unauthorized human intervention during any part of the Sweepstakes, (3) technical or human error during the administration or processing of the Sweepstakes, (4) lost, late, incomplete, illegible or misdirected entries of any kind, or (5) any loss, injury, or damage caused, whether directly or indirectly, in whole or in part, from downloading data or otherwise participating in the Sweepstakes. By entering into this Sweepstakes, entrants agree to release and hold harmless the Sponsor and its respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies and each of their respective parent companies and each company's officers, directors, employees and agents from and against any claims, cause of actions, expenses, costs, and liabilities including, but not limited to, damage to or loss of property arising out of participation in the Sweepstakes; the Entrant’s conduct during and in connection with this Sweepstakes, including but not limited to trademark, copyright, or other intellectual property rights, right of publicity, right of privacy, or defamation; and/or the Entrant’s receipt or use or misuse of any prize.

 

Each Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages. Sponsor reserves the right to correct typographic, clerical or printing errors in any Sweepstakes materials. Sponsor is not responsible for any typographical or other error in the printing of this Sweepstakes, the administration of the Sweepstakes or in the announcement of the Prize Winner(s), including such error as may give an erroneous indication that a prize has been won. In the event the Sponsor is prevented from continuing with this Sweepstakes, or the integrity and/or feasibility of the Sweepstakes is undermined by any event including but not limited to fire, flood, epidemic, earthquake, explosion, labor dispute, or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, or any federal, state, or local government law, order of regulation, order of any court or jurisdiction, or other cause not reasonably within the Sponsor’s control (each a “Force Majeure” event), the Sponsor shall have the right, in its sole discretion, to abbreviate, modify, suspend, cancel or terminate the Sweepstakes without notice or further obligation. If the Sponsor, in its sole discretion, elects to abbreviate, cancel or terminate the Sweepstakes as a result of a Force Majeure event, the Sponsor reserves the right, but shall have no obligation, to award the prize from among all valid and eligible entries received up to the time of such Force Majeure event.

 

For the avoidance of doubt, no social media provider or network including without limitation Instagram, Facebook, Twitter, or YouTube, is associated or affiliated with the Sponsor in any manner. Entrant’s use of such sites is subject to each site’s terms of use.

 

Additional Terms. Sponsor reserves the right to substitute prizes of equal or greater value. Sponsor also reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures or any other factor beyond the Sponsor’s reasonable control impairs the integrity or proper functioning of the Sweepstakes or, as determined by the Sponsor in their sole discretion. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of the Official Rules of this or any other promotion in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, the Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Rules shall not constitute a waiver of that provision.

 

These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with the law by a duly authorized representative of Sponsor. 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 shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.

 

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 shall be governed by the laws of the State of California, without regard to any principles of conflict of laws. All disputes arising out of or connected with this Sweepstakes will be resolved individually, and without resort to class action, exclusively by a state or federal court located in Los Angeles, California. Should there be a conflict between the laws of the State of California and any other laws, the conflict will be resolved in favor of the laws of the State of California. To the extent permitted by applicable law, 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.

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