“JOYBIRD UPGRADE” SWEEPSTAKES
Participation in the “JOYBIRD UPGRADE” SWEEPSTAKES (the “Sweepstakes”) constitutes your agreement to be bound by these Official Rules (“Official Rules”).
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR TO WIN THE SWEEPSTAKES. A PURCHASE OR PAYMENT WILL NOT IMPROVE YOUR LIKELIHOOD OF WINNING.
ALL APPLICABLE LAWS AND REGULATIONS APPLY. PARTICIPATION IN THE SWEEPSTAKES IS VOID WHERE PROHIBITED.
Sweepstakes Period: The Sweepstakes begins at 12:00:00 AM Pacific Time on January 31, 2019 and ends at 11:59:59 PM Pacific Time on February 18, 2019 (the “Sweepstakes Period”).
Sponsor: Hunker is the sponsor of the Sweepstakes (the “Sponsor”). The Sponsor’s address is 1655 26th Street, Santa Monica, California 90404.
How to Enter: You may submit one (1) Sweepstakes entry during the Sweepstakes Period by completing the online form (each an “Entry”). Internet access required. Alternatively, you may write your name, email address and the keyword on a postcard and send it to Attn: “Joybird Upgrade” Sweepstakes, Hunker, 1655 26th Street, Santa Monica, California 90404. At its discretion, Sponsor will post an entry announcement (the “Entry Announcement”), which will include instructions that entrants must follow in order to submit a valid entry. The Entry Announcement will include the Sweepstakes’ start and end dates, and link to the entry criteria for the Sweepstakes, the prize, the deadline for submitting entries for the Sweepstakes, and may include additional information required for submission of valid entries.
LIMIT OF ONE (1) ENTRY PER PERSON. All requirements listed in the applicable Entry Announcement and these Official Rules must be completed in full for an entry to be considered valid. Any attempted form of entry other than as described in the applicable Entry Announcement and herein is void. Entries in violation of these Official Rules, as determined by Sponsor in its sole discretion, will be disqualified. Entries must be received by the time indicated in the applicable Entry Announcement. Any entry that includes illegal, false, or fraudulent information, obscenities, objectionable material, or which defames or invades the publicity or privacy rights of any person, living or deceased, or otherwise infringes upon any third party’s personal or proprietary rights, publicity rights, as determined by Sponsor in its sole discretion, will be disqualified. Any attempt by an entrant to obtain more than the stated number of entries by using multiple/different email addresses, identities, Facebook accounts, registrations and logins, or any other methods will void such entries and that entrant may be disqualified, as determined by Sponsor in its sole discretion. Entries that are late, incomplete, misdirected, illegible or corrupted are void and will not be accepted or eligible to win. The sole determinant of time for the purposes of receipt of a valid entry in a Sweepstakes will be determined by Sponsor. Proof of submission (screen captures, etc.) does not constitute proof of entry. All entries become property of the Sponsor and will not be returned. If you enter the Sweepstakes, you hereby irrevocably consent to Sponsor’s use of the text, photo, and/or video in any publicity or advertising carried out by Sponsor or any related entities in any media without territorial or time limitation, except where prohibited by law, without any additional permission or approval, without notification, and without compensation to you, your heirs, or assigns. If you participate via your wireless phone, message and data rates may apply. Please consult your wireless-service provider regarding its message and data pricing plans.
Eligibility: To participate in the Sweepstakes you must be a legal resident of the United States or the District of Columbia and eighteen (18) years of age or older at the time of entry and have, as of the start of the Sweepstakes, internet access. Employees, officers, and directors, and their immediate family members, of the Sponsor, and its affiliates are not eligible to participate in the Sweepstakes.
Entry: Entrants hereby acknowledge and agree that the relationship between entrant and the Sponsor and/or any Sweepstakes Partner is not a confidential, fiduciary, or other special relationship, and that entrant’s decision to provide the Entry to the Sponsor for purposes of the Sweepstakes does not place the Sponsor and/or any Sweepstakes Partner in a position that is any different from the position held by members of the general public with regard to elements of the Entry, other than as set forth in these Official Rules.
Prizes; Disclaimer of Warranties; Release from Liability: One (1) potential winner will be selected at random from the pool of eligible entries at the close of the Sweepstakes Period. The winner will receive:
$2,000 Gift Certificate to Joybird
No substitution or cash equivalent of any prize is permitted except that if the prize is not reasonably available, the Sponsor may substitute the prize with one of equal or greater value. All prizes awarded are subject to the restrictions and limitations noted in these Official Rules, on the prizes and/or included with the prizes and the winner must abide by all such limitations and restrictions. Winners agree to accept their prize “as is” without warranty of any kind, express or implied, including, without limitation, any implied warranty of merchantability or fitness for a particular purpose. The Sponsor has the right to resolve any concerns, questions, or complaints related to the prizes in its sole discretion. Each winner is solely responsible for any and all federal, state and/or local taxes, fees, and any other costs in connection with receipt of the prize. IN NO EVENT WILL SPONSOR BE HELD LIABLE FOR ANY WARRANTY, COSTS, DAMAGE, INJURY, OR ANY OTHER CLAIMS IN CONNECTION WITH THIS SWEEPSTAKES, INCLUDING BUT NOT LIMITED TO THOSE RELATED TO USE OR MISUSE OF THE PRIZE.
Selection of Winners; Odds of Winning: One (1) prize winner will be selected at random from the pool of eligible entries at the close of the Sweepstakes Period. By participating in the Sweepstakes, you agree that the decisions of the Sponsor are final and binding in all respects. Odds of winning a prize depend on the number of eligible entries received. All decisions of Sponsor are final in all matters, including determination of the Sweepstakes winners, interpretation of these Official Rules, and awarding of prizes. PLEASE NOTE THAT EVEN IF YOUR ENTRY QUALIFIES YOU AS A POTENTIAL WINNER AT THE CLOSE OF THE SWEEPSTAKES, YOU HAVE NOT YET WON A PRIZE. POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR, AND MUST MEET ALL ELIGIBILITY REQUIREMENTS BEFORE AN ENTRANT WILL BE CONFIRMED AS A WINNER AND A PRIZE WILL BE AWARDED.
Notification: The potential winner (the “Potential Winner”) will receive a direct message from the Sponsor within ten (10) business days following the expiration of the Sweepstakes Period. The Potential Winner will have seventy-two hours (72) hours from the initial message from the Sponsor to respond and claim their prize. If the Potential Winner does not respond within the seventy-two (72) hour period, then the Potential Winner will forfeit the prize and the Sponsor will contact the next Potential Winner. By entering and/or accepting a prize, you agree to be bound by these rules and to release Sponsor from any and all liability arising out of your participation in this Sweepstakes with respect to the awarding, receipt, use and/or misuse of any prize. If within five (5) days of notification a potential winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines a prize for any reason prior to award, such potential winner will be disqualified and an alternate potential winner may be selected. The Sponsor may select an alternate potential winner in its sole discretion from all eligible and qualified entries received in accordance with these Official Rules.
Distribution: Each prize will be delivered to the winner at his or her address. Void where prohibited by law. All risk of loss passes to the winner at the point of shipment.
Required Paperwork: Participation in the Sweepstakes constitutes permission for the Sponsor and the Sweepstakes Partners to use the winner’s name, likeness, city, state of residence, personal information and text, photographs, graphics or other works of authorship submitted in their Sweepstakes entry to appear on the Sponsor’s and/or any Sweepstakes Partner’s website, Facebook page, Instagram, Twitter account, YouTube.com Channel and elsewhere in all media for advertising, marketing and promotional purposes without compensation, unless otherwise prohibited by law. Each potential prize winner may be required to provide supporting documents (such as a copy of the winner’s driver’s license or passport and tax-related documentation) in form and substance satisfactory to Sponsor and the Sweepstakes Partners in furtherance of the representations, warranties and covenants set forth in these Official Rules.
Your Representations to the Sponsor: You represent and warrant that: (a) the information and documents you have submitted or will submit to the Sponsor in connection with the Sweepstakes are true, correct, and complete in all material respects and not misleading; and (b) you have never been arrested, indicted, convicted or pled no contest to a felony or a crime involving moral turpitude.
Indemnification: You agree to indemnify, defend and hold harmless the Sponsor and the Sweepstakes Partners and each of their respective subsidiaries, affiliates, successors and assigns, from and against any and all claims, demands, expenses, losses or liabilities including but not limited to reasonable attorney’s fees and punitive damages that may be asserted against or incurred by them at any time in connection with your participation in the Sweepstakes or any material or information submitted by you in connection with the Sweepstakes, or any use thereof, including, without limitation, those arising from any breach, or alleged breach, of the warranties, representations and promises provided by you in these Official Rules; or your or any third party’s acceptance, possession, use or misuse of any prize you win.
Technology Terms And Conditions: Neither Sponsor nor the Sweepstakes Partners assumes any responsibility for any damage to a Sweepstakes entrant’s computer or telephone system that is directly or indirectly caused by accessing the Sponsor’s or the Sweepstakes Partners’ application, website, Facebook page, or otherwise participating in the Sweepstakes, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, dropped or delayed computer transmissions or network connections that are human or technical in nature. Without limiting the generality of the foregoing, the Sponsor and the Sweepstakes Partners are not responsible for incomplete, misdirected, late, lost, damaged, or stolen entries; or for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet Service Providers, websites or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, or difficulties, printing errors, clerical, typographical or other error in the offering or announcement of any prize or in any prize notification documents, or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information.
Sponsor and the Sweepstakes Partners do not warrant that access to any Sweepstakes will be uninterrupted. Neither Sponsor nor the Sweepstakes Partners is responsible for, and you hereby waive any claim arising from, any problems that may arise, including, without limitation: (i) inaccessible or unavailable networks, websites, or other connection or accessibility problems; (ii) failed, delayed or misdirected communications, including any lost, late, stolen, incomplete, illegible or undelivered entries; (iii) technical malfunctions, printing, clerical, or other errors in connection with the administration of any Sweepstakes or the offering or announcement of any prize; (iv) the incorrect or inaccurate capture of information, or the failure to capture any information in connection with any Sweepstakes; (v) damage to a user’s system occasioned by participation in any Sweepstakes; or (vi) any other errors of any kind relating to or in connection with any Sweepstakes.
No Agency: Neither these Official Rules nor the awarding of a prize creates any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and Sponsor and/or the Sweepstakes Partners.
General Conditions: NO PURCHASE NECESSARY. Neither Sponsor nor the Sweepstakes Partners is responsible for or liable for: (i) misdirected or delayed mail or e-mail; (ii) telephone, telecommunications, hardware or third party software malfunctions, failures, or difficulties of any kind; (iii) any condition caused by events beyond the Sponsor’s or the Sweepstakes Partners’ control that may cause the Sweepstakes to be disrupted, corrupted or terminated; (iv) any injuries, losses, or damages of any kind arising in connection with or as a result of participating in the Sweepstakes or use of the prize; or (iv) any printing or typographical errors in any materials associated with the Sweepstakes. The Sponsor and the Sweepstakes Partners reserve the right to disqualify, in their sole discretion, any person tampering with the entry process, the operation of the systems required to conduct the Sweepstakes or operate the Sponsor’s or the Sweepstakes Partners’ websites or Facebook pages, or who is otherwise in violation of these Official Rules. All issues concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Sweepstakes entrants, shall be determined by the Sponsor in its sole discretion. All decisions of the Sponsor are final.
Any and all disputes will be resolved in the appropriate courts in the County of Los Angeles, State of California, exclusively, and subject to the laws of the State of 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.
Winners List: To obtain a written identification of the winners, please send your request and a self-addressed stamped envelope to: “Joybird Upgrade” Sweepstakes, Leaf Group, 1655 26th Street, Santa Monica, California 90404. Requests must be received within four (4) weeks of the end of the Sweepstakes Period.