Quacker Factory, a Trade Name of The Quack, Inc., (“Sponsor”) is sponsoring the Witch’s Hat Sweepstakes 2020 (“Sweepstakes”).
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. MUST BE 18 YEARS OR OLDER TO ENTER. VOID WHERE PROHIBITED.
By entering this Sweepstakes, entrants agree to abide by all terms of these Official Rules and the decisions of the Sponsor whose decisions shall be final and binding.
1. ELIGIBILITY: The Sweepstakes is open to legal residents of the United States and District of Columbia who are 18 years or older as of date of entry. Employees and agents of Sponsor and their parents, affiliates and subsidiaries, and their immediate families (parents, children, siblings and spouses) and their same household members are not eligible. Void outside of the United States and Puerto Rico and where prohibited by law. Subject to all federal, state and local laws and regulations.
2. SWEEPSTAKES ENTRY: The Sweepstakes begins on Friday, September 4, 2020 at 12:00:00 PM ET (Noon) and ends on Tuesday, September 15, 2020 at 12:00:00 PM ET (Noon) (“Sweepstakes Period”).
To Enter – Provide your email address, first name, last name, phone number and mailing address (Required Information) one-time in the form (provided above) and you will be entered into the Sweepstakes drawing.
To be eligible for this drawing, you need to enter your Required Information just once no later than Tuesday, September 15, 2020 at 12:00:00 PM ET. Once you provide your Required Information, you will be entered into the drawing for all future prizes for this Sweepstakes.
Once Required Information is submitted in the web entry form, Submissions become the sole property of Sponsor and cannot be modified by entrant. Receipt of Submission may be acknowledged, but such acknowledgment does not constitute any representation by Sponsor as to Sweepstakes eligibility. By submitting an email address, entrant gives permission (and warrants and represents that he/she has obtained all rights necessary to give such permission, including from the creator, if other than entrant) to Sponsor and hereby grants Sponsor a royalty-free, irrevocable, perpetual, worldwide, sub licensable, non-exclusive license to post entrant’s, likeness and all other information, except email address, about the entrant contained in the Submission on the World Wide Web, and to otherwise use entrant’s name, likeness and all other information about the entrant in the Submission without compensation in accordance with the requirements of this Sweepstakes and the advertising, promotion, and publicity of the Sweepstakes, and otherwise, as stated in these Official Rules (as solely determined by Sponsor). Such Grant of Rights will be confirmed by Potential Winner upon Sponsor’s request and Potential Winner agrees to sign any and all necessary confirming documents without compensation of any kind (other than the prize).
Entrant further warrants and represents that he/she has fully complied with these Official Rules and that his/her Submission: (1) does not violate any law or regulation; (2) does not violate or infringe any right of any third party, including but not limited to intellectual property rights, such as but not limited to rights of copyright, trademark or patent, or rights of publicity or privacy (without in any way limiting the preceding), entrant represents and warrants that he/she has obtained permission to submit an email (upon Sponsor’s request, Winner must submit proof of obtaining all necessary consents). If a Submission is unable to be recognized or validated by Sponsor for any reason whatsoever, that Submission shall be disqualified (and Released Parties, as defined below, will not be responsible or liable for any such inability).
By entering, entrant agrees to indemnify and hold harmless Released Parties (as defined below) from any action or liability resulting from the use of the Submission.
The Sweepstakes is limited to one (1) Submission per entrant. Duplicate Submissions will be removed. In the event entrants exceed the stated limit, only one (1) Submission will be reviewed. Any other attempted form of Sweepstakes entry is void. No mail-in or fax Submissions will be accepted. Any person who attempts to participate with multiple email addresses, under multiple identities or uses any device or artifice to enter in excess of this entry limitation will be disqualified; use of programmed, automated or like means of entry is prohibited.
Sponsor and its agencies are not responsible for failed, partial or garbled computer transmissions, or for technical failures of any kind, including but not limited to electronic malfunction or damage of any network, hardware or software. If for any reason the Sweepstakes (in whole or in part) is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, fire, flood, storm or other natural cataclysm, riot, strike, civil commotion or any other causes beyond Sponsor’s control that corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes (in whole or in part), Sponsor reserves the right, in its sole discretion, to disqualify any individual who tampers with the entry process, and to terminate, modify or suspend the Sweepstakes. In such event, Sponsor reserves the right to conduct the Sweepstakes and award the Prizes in one or more weeks of the Sweepstakes (as discussed below) in a manner which is fair, appropriate and consistent with these Official Rules, as determined by Sponsor in its sole discretion. Notice of termination/modification/suspension of Sweepstakes will be posted on the Quacker Factory.com website. No responsibility is assumed for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or loss, destruction or unauthorized access to, or alteration of, entries; or any problems or technical malfunctions of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, failure of any e-mail or electronic Submission to be received on account of technical problems or traffic congestion on the Internet or at any website, or any combination thereof, including any injury or damage to entrant’s or any other person’s computer related to or resulting from participation in or downloading any materials from this Sweepstakes.
Entrants further agree not to knowingly damage or cause interruption of the Sweepstakes and/or prevent others from participating in the Sweepstakes. CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE OR WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES VIOLATES CRIMINAL OR CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, SPONSOR MAY DISQUALIFY ANY ENTRANT MAKING SUCH ATTEMPT AND SEEK DAMAGES TO THE FULLEST EXTENT OF THE LAW.
By removing your email address from this Promotion or any QUACKER FACTORY email address list (unsubscribing), you will be removed from all email lists and thus become ineligible for prizes from this or any other ongoing email Promotion.
3. USE OF SUBMISSIONS; LICENSE: By entering the Sweepstakes or making any Submission to or for the benefit of the Sponsor, Entrants hereby irrevocably grant to Sponsor, without limitation, the right to use the Submission in whole or in part in merchandising, advertising, marketing or promotion or for any other commercial or non-commercial purpose related to the Sweepstakes or not related to the Sweepstakes. Entrants hereby forever waive and relinquish all so-called “moral rights (droit moral)” now or hereafter recognized. Entrants agree that Sponsor shall have sole discretion in determining the extent and manner of use of Submissions and is not obligated to use any Submission.
4. DRAWING: Each eligible submission (email address) will be entered once in a random prize drawing. Sponsor retains the right to delay the prize drawing. Winner will be chosen at random from the pool of eligible email address entries received. Odds of winning are determined by the number of eligible entries received. Winning entry is subject to validation.
If you are determined as the Potential Winner or Winner, you understand and agree that your personal information may be posted on the Sponsor website (at its sole discretion), and/or announced on QVC TV and /or any other website specified by Sponsor, with the Submission being attributed to you as follows (First Name, Last Name Initial, City and State of Residence, and your photograph if provided), and may be viewed by anyone with access to TV or the Internet and may remain on any website specified by Sponsor in perpetuity or for as long as Sponsor deems appropriate. You release and agree to hold harmless Sponsor and their agencies from any liability related thereto. Nothing herein obligates Sponsor to post any Submission on the Website or any other website or TV; and, Sponsor’s failure to post Submission shall not result in any liability to Sponsor or its agencies.
In the event of any dispute concerning the identity of any online entrant, the entry will be deemed submitted by the natural person who is the authorized holder of the transmitting e-mail account. “Authorized account holder” is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted email address.
5. WINNER NOTIFICATION: An email will be sent from firstname.lastname@example.org to the Potential Winner at the email address provided in the Submission. A phone call may be placed to the potential winner. Sponsor or a representative of Sponsor may contact Potential Winner.
The Winner will be selected and notified on Tuesday, September 15, 2020 between 12:00 PM ET and 5:30 PM ET.
The Winner and Potential Winner may be publicly announced via multiple public media including, but not limited to an eblast, posted on Facebook, listed on the Quacker Factory website, listed on other social sites, announced on TV, announced on radio or through any public media.
6. POTENTIAL WINNER: Entrants may be required to execute and return an affidavit of eligibility, liability release, and (where legal) an affidavit of publicity prior to receiving the prize. Potential Winner will have ten (10) days from the time he/she is contacted via an email from email@example.com to respond and accept the prize and provide: first name, last name, phone number and mailing address in the United States to receive the prize. Noncompliance with the time period described above may result in disqualification and an alternate Winner selected. Potential Winner may be required to present proof of identification prior to claiming prize. By providing the Submission, a Potential Winner/Winner accepts the terms of these Official Rules and shall grant Sponsor the right to use Potential Winner’s/Winner’s first name, last name initial and city and state of residence name for any publicity associated with this Sweepstakes.
Once accepted and verified, the winner (“Winner”) will receive a decorated witch hat (Prize).
One (1) Winner will be selected.
The Winner will receive a Prize with a maximum Retail Value of $150.00 including tax, shipping and handling.
Total Approximate Maximum Retail Value of all Prizes is $150.00.
8. WINNER: The prize will be sent to the Winner via the US Postal Service or UPS ground service at the mailing address provided above within ten (10) calendar days of acceptance of the prize and being verified as a winner. Entrants may only win one (1) time during the entire Sweepstakes program. Once and Entrant is selected as a Winner, they will no longer be eligible for the remainder of this Sweepstakes.
If a Winner is unable or unwilling to accept the prize within ten (10) days of receipt, he/she will be disqualified and the prize forfeited; and, in such event, an alternate Winner shall be selected from among all remaining eligible entries received. Prize cannot be substituted or transferred by Winner. If a Prize must be forfeited, Winner will not be given the cash value of the prize. Prize Winner is solely responsible for all expenses not expressly included. All taxes are the responsibility of the Winner. Winner and/or parent or legal guardian may be required to sign an IRS Form 1099, Form W-9, or the equivalent for all prizes valued at $600 or greater.
9. GENERAL CONDITIONS: By participating, entrants agree to be bound by and abide by these Official Rules and the decisions of Sponsor, which shall be final and binding in all respects. 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 these Official Rules. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
Acceptance of prize constitutes prize Winner’s permission for Sponsor, and its respective successors, representatives and assigns to use their first name, last name initial, likeness, photograph, prize information, and city and state of residence in programming, advertising, trade and/or promotional material or on a Winner’s list without compensation or notice, to the extent permitted by law. Sponsor is not obligated to use any of the above-mentioned information or materials, but may do so and may edit such information or materials, at Sponsor’s sole discretion, without further obligation or compensation.
10. LIMITATION OF LIABILITY: By participating in this Sweepstakes, entrants agree to release and hold harmless Sponsor, its respective parent, subsidiary, affiliated and successor companies, advertising and promotion agencies and prize suppliers, and each of their respective officers, directors, agents, shareholders, representatives and employees, as well as each of their respective successors, representatives and assigns (collectively, the “Released Parties”) for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (2) technical failures of any kind; (3) unauthorized human intervention in any part of the entry process or the Sweepstakes; (4) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; or (5) any injury 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 or use or misuse of prize. No more than the prizes stated above will be awarded.
11. DISPUTES: ARBITRATION/CHOICE OF LAW: To the fullest extent permitted by law, entrants agree that: (1) any and all disputes, claims, and causes of action arising out of or connected with this Sweepstakes, or the prizes, or the determination of the Prize Winner, shall be resolved individually, without resort to any form of class action, and exclusively by arbitration pursuant to the Rules of the American Arbitration Association, then effective, and (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes (if any) but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for and entrant hereby waives all rights to claim punitive, incidental and consequential damages 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, or the rights and obligations of entrant and/or Released Parties in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Florida, without regard for conflicts of law doctrine, and all proceedings shall take place in the City of Delray Beach, County of Palm Beach.
12. WINNER’S LIST: For the name of the prize Winners, mail a self-addressed, stamped envelope to: “Witch Hat Sweepstakes 2020”, Quacker Factory, 623 Illinois Ave, Green Lake, WI 54941.