Official Rules & Regulations
TEMPAPER’S #STAYATHOME SWEEPSTAKES RULES
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES.
A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. SPONSOR INFORMATION. Tempaper’s #StayatHome Sweepstakes (the “Sweepstakes”) is sponsored by Lolliprops Inc. d/b/a Tempaper (“Sponsor”), having its principal place of business at 381 Mantoloking Road, Brick, New Jersey 08723. The Sweepstakes entry period begins on April 22, 2020 at 12:00 am Eastern Time and ends on April 28, 2020 at 11:59 pm Eastern Time (such period, the “Entry Period”). All times are based solely on Sponsor’s computer clock.
2. ELIGIBILITY: This Sweepstakes is open to individuals who have reached the age of majority in their state of residence and are legal residents of one of the United States including the District of Columbia (each, an “Entrant”). Employees, officers, directors and agents and their immediate families and household members regardless of where they live, or members of the same households (whether related or not) of Sponsor, and any of its divisions, affiliates, and subsidiaries, and any affiliated entities, are not eligible to participate in the Sweepstakes or to win any prize. VOID OUTSIDE OF THE ELIGIBILITY AREA AND WHERE PROHIBITED OR RESTRICTED BY LAW. Federal, state and local laws and regulations apply.
3. MANDATORY INSTAGRAM DISCLOSURE: The Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Instagram. You are providing your information to Sponsor and not to Instagram.
Odds of winning depend on the number of eligible entries received. No entries will be acknowledged or returned.
By entering, Entrants give consent to receive promotional emails from Sponsor or its promotional partners.
5. PRIZES: There will be two (2) prize winners, each of whom will receive a $75.00 Tempaper gift card toward any Tempaper product purchase on Tempaper’s website, subject to Sponsor’s gift card terms and conditions (“Prize”). The Prize will be delivered by email or, if requested by the applicable winner, reputable courier, in each within thirty (30) days.
Except where otherwise expressly noted in these Official Rules, the selection of all vendors, prizes, products, and services is subject to the Sponsor’s sole and absolute discretion. Prizes (and/or any portion thereof) are nontransferable and non-exchangeable. No substitutions or cash redemption of Prizes are permitted except that the Sponsor retains the right to substitute a prize of equal or greater retail value (or at Sponsor’s election, the cash value of the applicable prize). Additional restrictions may apply.
6. PRIZE DRAWING: The two (2) potential Prize winners (each a “Selected Entrant”) will be selected in a random drawing from all eligible entries received on April 28, 2020. The drawing will be conducted by the Sponsor (or an Instagram random comment picker tool chosen by the Sponsor), and Sponsor’s decision is final and binding on all aspects of the Sweepstakes. The Selected Entrants will be announced via an Instagram post from Sponsor on April 29, 2020. Each Selected Entrant must contact Sponsor by email at [email protected] to claim the Price (provided such Selected Entrant is eligible and complies with all requirements). Failure of the Selected Entrant to send such email within a reasonable time frame (but not longer than 36 hours) from the date of the announcement of the winner referred to above may result in disqualification and the selection of another Entrant from among all eligible entries received. Selected Entrant may be required to sign and return within three (3) business days of receipt a Declaration of Eligibility, Release and Publicity Release, unless prohibited by law. After the Selected Entrant is selected by the Sponsor, the required documentation for the Prize will be sent to the Selected Entrant and only after the selected Selected Entrant has met the eligibility requirements outlined in these Official Rules, and all of the required documents have been signed and returned to Sponsor will the Prize be awarded. By entering the Sweepstakes, each Entrant agrees to be bound by these Official Rules and the decisions of the Sponsor. In the event of non-compliance for any reason, including the inability to accept the Prize for any reason, an alternate Entrant may be selected in Sponsor’s sole discretion.
Selected Entrant may be subject to verification, and/or background check.
7. CONDITIONS, DISCLAIMERS, AND LICENSE: By entering the Sweepstakes, each Entrant agrees to be bound by these Official Rules and by all decisions of the Sponsor (which decisions are final and binding on all matters relating to the Sweepstakes), and to comply with all federal, state and local laws and regulations. The decisions of the Sponsor are final on all matters of fact, interpretation, eligibility, procedure, and fulfillment. Entries and other submitted materials become the property of the Sponsor and/or its promotional partner(s) and will not be acknowledged or returned. The Sponsor and Instagram are not responsible for incomplete, late, lost, or misdirected entries or for any technical malfunction, human error, lost/delayed data
transmission, omission, interruption, deletion, defect, or line failure in connection with any telephone network, computer equipment, software or any combination thereof. Entries are void if unreadable, inaccurate, incomplete, mutilated, tampered with, forged, mechanically reproduced, irregular in any way, or otherwise not in compliance with these Official Rules. The Sponsor makes no warranties, and hereby disclaims any and all warranties, express or implied, concerning any Prize furnished or made available in connection with the Sweepstakes. Although Sponsor attempts to ensure the integrity of the Sweepstakes, the Sponsor is not responsible for the actions of Entrants or other individuals in connection with the Sweepstakes, including Entrants’ or other individuals’ attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity, or proper conduct of the Sweepstakes. The Sponsor and Instagram are not responsible for injury or damage to Entrant’s or to any other person’s computer(s), other equipment, or person(s), related to or resulting from participation in the Sweepstakes or downloading materials from or using Instagram. If for any reason, the Sweepstakes is not capable of running as planned for any reason including by reason of damage by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical limitations or failures, strikes, industry conditions, bankruptcy or liquidation, marketplace demands, applicable law, unforeseen obstacles, or any other causes which, in the sole opinion of the Sponsor, could corrupt, compromise, undermine, or otherwise affect the administration, security, fairness, integrity, viability, or proper conduct of the Sweepstakes, the Sponsor reserves the right in its sole and absolute discretion to modify these Official Rules and/or to cancel, terminate, modify, or suspend all or any part of the Sweepstakes, and in its sole discretion to select a new potential winner from among all non-suspect eligible entries received up to the time of such cancellation, termination, modification, or suspension, as applicable. In the event that there are typographical errors that obscure the original intent of the Sweepstakes, Sponsor reserves the right to cancel or modify the Sweepstakes appropriately.
The Prize may be a taxable event. All taxes in connection with the Prize, and the reporting consequence thereof, are the sole responsibility of the Selected Entrant. Selected Entrant may be sent a tax form 1099, or other appropriate tax document, in the event the average retail value requires Sponsor to submit such form. By entering the Sweepstakes and unless prohibited by law, the Selected Entrant hereby grants the Sponsor and its successors, assigns and licensees, the right to use his/her name, Instagram profile, voice, photograph and/or likeness for advertising or publicity purposes in any and all media for any purpose without additional compensation, including without limitation, commercial, advertising, and promotional purposes as well as in, on or in connection with the Sweepstakes Post or the Sweepstakes or other promotions, and hereby release the Sponsor from any liability with respect thereto, unless prohibited by law. Moreover, by entering the Sweepstakes, unless prohibited by law, the Selected Entrant agrees to grant to the Sponsor, and its licensees, affiliates, and assigns, the right to print, publish, broadcast, and use, worldwide in any media now known or hereafter developed, including without limitation the World Wide Web, at any time or times, the Selected Entrant’s name, likeness (actual or simulated), voice (actual or simulated), and biographical information as news or information and for advertising and promotional purposes without additional consideration; and further without such additional compensation, appear for, or provide biographical information for use in, any presentation or other activity which may include filming/audio/video/electronic or other recordings and/or interviews, as may be determined from time to time by the Sponsor in its sole discretion.
9. RELEASE AND INDEMNIFICATION: By entering the Sweepstakes, each Entrant releases, indemnifies and holds harmless the Sponsor, Instagram, and any affiliated entities including parents, related and affiliated companies, subsidiaries, advertisers, promotional agencies and each of their respective directors, successors, sponsors, partners, licensees, officers, subsidiaries, agents, employees, artists, advisors, assignees, and all others associated with the development and execution of the Sweepstakes (collectively, the “Sponsor Parties”) from and against any and all losses, damages, rights, claims, and actions of any kind arising in whole or in part, directly or indirectly, from the Sweepstakes or participation in any Sweepstakes-related activity, or resulting directly or indirectly, from acceptance, possession, use, or misuse of any Prize awarded in connection with the Sweepstakes, including without limitation causes of action, claims and demands, including legal fees and expenses, including but not limited to, claims based on negligence, breach of contract and liability for physical injury, death, or property damage which the Entrants or his/her administrators, heirs, successors or assigns might have or could have, by reason of or arising out of the Entrant’s participation in the Sweepstakes and/or in connection with the acceptance and/or use Entrant of the Prize. The Sweepstakes is in no way sponsored, endorsed, administered by or associated with, Instagram and each Entrant agrees to indemnify, release and hold harmless Instagram from any and all liability associated with or arising out of the Sweepstakes.
10. LIMITATION OF LIABILITY: The Sweepstakes, all Prizes, and all materials provided on or through Instagram and the Sweepstakes Post are provided “as is” without warranty of any kind, either express or implied, including without limitation the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
WITHOUT LIMITING THE RELEASE GRANTED BY ENTRANTS HEREIN, BY ENTERING THE SWEEPSTAKES, EACH ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) UNDER NO CIRCUMSTANCES WILL THE SPONSOR PARTIES BE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS)
ARISING OUT OF ANY ENTRANT’S PARTICIPATION IN THE SWEEPSTAKES, THESE OFFICIAL RULES, AND/OR ANY ENTRANT’S RECEIPT OF A PRIZE, NO MATTER UNDER WHAT THEORY ARISING, EVEN IF ANY SPONSOR PARTY HAS BEEN ADVISED OF THE POSSIBLY OF SUCH DAMAGES; (3) THE SPONSOR PARTIES’ ENTIRE LIABILITY WITH RESPECT TO ANY ENTRANT’S PARTICIPATION IN THE SWEEPSTAKES, THESE OFFICIAL RULES, AND/OR ANY ENTRANT’S RECEIPT OF A PRIZE SHALL BE LIMITED TO $500; AND (4) ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
11. GOVERNING LAW: The Sweepstakes and these Official Rules are governed by and shall be construed in accordance with the substantive laws of the State of New Jersey and the United States of America applicable to contracts made and performed entirely in New Jersey and where the relevant contacts are with such state. All applicable federal, state and local laws and regulations apply.
(b) Severability; Headings: If any provision of these Official Rules is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Official Rules and shall not affect the validity and enforceability of any remaining provisions. Headings and captions are used in these Official Rules solely for convenience of reference, and shall not be deemed to affect in any manner the meaning or intent of these Official Rules or any provision hereof.
(c) Winner: For a list of winners, send a self-addressed stamped envelope after April 29, 2020, to: Winners List, Tempaper’s #StayatHome Sweepstakes, Lolliprops Inc., 381 Mantoloking Road, Brick, New Jersey 08723. Requests for Winners List must be received within 90 days of the end of the Sweepstakes.
© 2020 Lolliprops Inc.