Pickler & Ben Online Giveaway Official Rules
Pickler & Ben Online Giveaway (“Sweepstakes“)
Important: Please read these Official Rules before participating in the Sweepstakes. By participating in the Sweepstakes, you, as an entrant to the Sweepstakes, agree to be bound by these Official Rules and represent that you satisfy all of the eligibility requirements below.
Entries. Entrants may enter as described in Sponsor’s social media post(s) with regard to the specific Sweepstakes, during the entry period described therein. Sponsor will have the full and sole discretion to modify, define and interpret the Entry method and period in all regards, including without limitation, the discretion to change the entry period and/or close the Sweepstakes.
Sweepstakes Prizes. Sweepstakes prize will be awarded as described in Sponsor’s social media post(s) with regard to the specific Sweepstakes. Sponsor will have the full and sole discretion to modify, define and interpret the Sweepstakes prizes and their descriptions in all regards.
All prize details will be determined by the Sponsor in their discretion. The Winner will be contacted regarding their preference in color and sizing, if applicable; however, there is no guarantee and options will be chosen by the Sponsor based on availability. Prizes may, in the Sponsor’s sole discretion, vary, in color, size and other respects, from items shown or described.
All expenses not specifically mentioned as responsible by the Sponsor herein are not included in any prize and are solely the Winner’s responsibility.
The Prize Winner may be required to review and execute further contracts and releases provided by Sponsor to receive the Prize.
Tax consequences are the responsibility of the Prize Winner. The Prize Winner will be required to complete an IRS tax form W9 and will be issued a form 1099, if applicable.
There is no substitution for any Prize or any portion thereof and no refunds will be given for any unused portion of the Prize. The Prize is not transferable, assignable or redeemable for cash. All Prize details are at Sponsor’s sole discretion.
No Warranties: ALL PRIZES ARE PROVIDED “AS IS” AND “WITH ALL FAULTS.” SWEEPSTAKES ENTITIES MAKE NO WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO THE USE OR ENJOYMENT OF ANY PRIZE, OR ANY PORTION THEREOF, INCLUDING, WITHOUT LIMITATION, ITS QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY AND ALL WARRANTIES FOR A PRIZE, OR ANY PORTION THEREOF, ARE LIMITED TO AND CONTAINED IN THE MANUFACTURERS’ OR SERVICE PROVIDERS’ WARRANTIES, AS RELEVANT.
The use of certain companies’ products and services as Prizes does not imply participation in, approval of, or endorsement of this Sweepstakes by such companies. All trademarks are the property of their respective owners.
Release, Hold Harmless And Indemnification: BY ENTERING, ALL ENTRANTS IN THE SWEEPSTAKES, ENTRANT’S HEIRS, EXECUTORS, ADMINISTRATORS, LEGAL SUCCESSORS AND/OR ASSIGNS RELEASE AND AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE SPONSOR AND ALL SWEEPSTAKES ENTITIES FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, LOSSES AND CAUSES OF ACTION FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, ALL CONSEQUENTIAL, PUNITIVE, AND INCIDENTAL DAMAGES), LIABILITY, LOSS, COST, FEES (INCLUDING ATTORNEYS’ FEES), INCLUDING, WITHOUT LIMITATION, DAMAGE TO PERSON (INCLUDING DEATH) OR PERSONAL OR REAL PROPERTY, DUE IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, BY REASON OF THE ACCEPTANCE, POSSESSION, REDEMPTION, MISDIRECTION, USE OR MISUSE OF ANY PRIZE OR ANY PORTION OF ANY PRIZE (INCLUDING ANY ACTIVITY OR TRAVEL RELATED THERETO) OR PARTICIPATION IN THE SWEEPSTAKES AND THE ACTIVITIES OR FOR ANY AND ALL CLAIMS BASED ON RIGHTS OF PUBLICITY AND RIGHTS OF PRIVACY WHETHER ANY OF THESE THINGS ARE CAUSED, IN WHOLE OR IN PART, BY THE ACTS, OMISSIONS, NEGLIGENCE OR MISCONDUCT OF THE SPONSOR AND/OR THE SWEEPSTAKES ENTITIES.
Other Sweepstakes Submission Requirements: Any Entry, if applicable, and in the sole discretion of Sponsor and/or its Administrator, may be disqualified that contains material in the comments sections wherein the Entrant:
- Communicates messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate. Examples include, babies or pets in unsafe situations, or Entries that promote bigotry or discrimination.
- Disparages any person, Sponsor, the Sweepstakes Entities or any such entity’s products.
- Violates or infringes upon the copyrights, trademarks, or privacy, property, publicity or other intellectual property rights of any person or entity not affiliated with this Sweepstakes;
- Promotes illicit use of alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing);
Any Entry, in the sole opinion of Sponsor, that is considered inappropriate or not suitable for publication under the Official Rules, may be disqualified.
Odds of Winning a Sweepstakes Prize. Odds of winning a Sweepstakes Prize depend on the number of eligible Sweepstakes Entries received during the Entry Period.
Potential Sweepstakes Winners may be required to execute and return an Affidavit of Eligibility for verification purposes or Liability/Publicity Release within three (3) days. In the event of noncompliance with these Official Rules; if the potential Winner does not respond to Sponsor within forty-eight (48) hours; or a Sweepstakes Prize Winner declines Prize offered, the Sweepstakes Prize will be forfeited and Sponsor may select an alternate Winner by random drawing from among all remaining eligible Sweepstakes Entries received during the corresponding Entry Period. Sweepstakes Prizes will be delivered within 6 – 12 weeks from date of verification via mail or freight to the street/mailing address provided by a Winner via email.
Disclaimer. Sponsor, the Sweepstakes Entities, and any of their respective parent companies, subsidiaries, affiliates, directors, officers, professional advisors, employees, media partners, printers, and agencies (collectively, the “Released Parties“) will not be responsible for: (a) any late, lost, misrouted, garbled or distorted or damaged transmissions or Entries; (b) telephone, electronic, hardware, software, network, Internet, or other computer- or communications-related or technical malfunctions or failures; (c) any Sweepstakes disruptions, injuries, losses or damages caused by events beyond the control of Sponsor or by non-authorized human intervention; (d) damage caused by computer virus or otherwise resulting to any computer from entrant’s participation in the Sweepstakes or access of the any websites related to the Sweepstakes, whether human, mechanical or electronic; (e) any printing or typographical errors in any materials associated with the Sweepstakes; or (f) incorrect or inaccurate information, whether caused by Internet users or by any of the programming or equipment associated with or used in the Sweepstakes.
If the Sweepstakes becomes compromised, hampered, interrupted, not capable of running as planned, rendered impossible of performance in any way or prevented, including, without limitation, because of any kind of computer viruses, bugs, electronic, hardware, software, Internet, network, technical or telephone failures, tampering, unauthorized intervention, fraud, an event of force majeure or any other cause created by Sponsor and/or the Sweepstakes Entities, the user or by any of the equipment or programming associated with or utilized in the Sweepstakes, Sponsor reserves the right, at its sole discretion, to change the Official Rules, to cancel, modify, suspend or withdraw the Sweepstakes or any Sweepstakes offer and/or cancel, modify, suspend or withdraw any method of Entry, without notice, and select Prize Winner from all Entries received for the Sweepstakes prior to or after the cancellation, modification, suspension or withdrawal. As used herein, an event of force majeure shall be deemed to include, without limitation, an act of God; an act of terrorism, war, riot or civil commotion, fire, casualties, equipment failure, boycott; labor dispute, strike or stoppage (including a strike by the members of any union), labor or material shortage, transportation interruption of any kind, an act, regulation, order or request of or by any federal, state or local authority or quasi-governmental entity (whether or not the act, regulation, order or request proves to be invalid); or any other similar or dissimilar act beyond the Sponsor’s control.
ALL FEDERAL, STATE AND LOCAL TAXES ASSOCIATED WITH THE RECEIPT OR USE OF ANY PRIZES ARE THE SOLE RESPONSIBILITY OF THE WINNER. All Prizes will be awarded. Prize notifications not claimed per the methods described in these official rules within forty-eight (48) hours will be forfeited and will be awarded to an alternate Winner. Prizes are not transferable. No substitutions or exchanges (including for cash) of any Prizes will be permitted, except that Sponsor reserves the right to substitute a Prize of equal or greater value for any Prize. Limit one (1) Prize per person, household or address. All Prizes are awarded “AS IS” and WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose). Sponsor are not responsible for loss, delay or damage in shipping any Prize or notification.
General Release. BY ENTERING, ALL PARTICIPANTS IN THE SWEEPSTAKES AGREE THAT THE SWEEPSTAKES ENTITIES ASSUME NO LIABILITY WHATSOEVER FOR INJURIES OR DAMAGES OF ANY KIND SUSTAINED IN CONNECTION WITH THE SWEEPSTAKES ENTRANT’S ENTRY INTO THE SWEEPSTAKES, THE USE, ACCEPTANCE, POSSESSION OR AWARDING OF ANY PRIZE OR WHILE PREPARING FOR, PARTICIPATING IN AND/OR TRAVELING TO OR FROM ANY SWEEPSTAKES-RELATED ACTIVITY, INCLUDING, WITHOUT LIMITATION, ANY INJURY, DAMAGE, DEATH, LOSS OR ACCIDENT TO PERSON OR PROPERTY DUE TO AN INTENTIONAL ACT, AN ACT OF NEGLIGENCE OR DEFAULT AND/OR ANY ACT OF GOD.
Not Endorsed By Facebook: By participating in this Sweepstakes, you acknowledge that this Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Facebook and release Facebook from any and all liability arising from or related to this Sweepstakes. The information you are providing for this Sweepstakes is being provided to Sponsor and not to Facebook and will be used to notify you if you have won.
Ownership And License: All Sweepstakes related materials, including submission Entries, Photos, and/or Statements (collectively, “Submission”) becomes the property of the Sponsor and will not be acknowledged or returned. The copyright in any Submission shall remain the property of the Entrant, but Entry into this Sweepstakes constitutes Entrant’s irrevocable and perpetual permission and consent, without further compensation or attribution, to use, reproduce, print, publish, transmit, distribute, sell, perform, adapt, enhance, or display such Submission for any purpose, including but not limited to editorial, advertising, trade, commercial, and publicity purposes by the Sponsor and/or others authorized by the Sponsor, in any and all media now in existence or hereafter invented, throughout the universe, for the duration or the copyright in the Submission. Sponsor and/or others authorized by Sponsor shall have the right to edit, adapt, and modify the Submission.
Any use of any of the Sweepstakes Entities trademarks or copyright interest is strictly prohibited and may subject Winner to civil and/or criminal liability.
Winner List; Rules Request. For a copy of the Sweepstakes Prize Winner list, send a stamped, self-addressed, business-size envelope to Porch Swing Productions, LLC, 3201 Dickerson Pike, Nashville, TN 37207.