Official Sweepstakes Rules: Tazzy Candy x PlantX
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS PROMOTION. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. THIS PROMOTION IS VOID WHERE PROHIBITED BY LAW. IT IS OPEN ONLY TO LEGAL RESIDENTS OF THE UNITED STATES OF AMERICA WHO ARE THE AGE OF MAJORITY OR OLDER IN THEIR PLACE OF RESIDENCE, AND EXCLUDING THE DISTRICT OF COLUMBIA, ALASKA, FLORIDA, HAWAII,RHODE ISLAND, AND ALL TERRITORIES AND POSSESSIONS OF THE UNITED STATES OF AMERICA.
1. SPONSOR: The sponsor of this Promotion is Tazzy Candy Corp with offices at 111 Brook Street, Suite 202, Scarsdale, NY 10583 (“Sponsor”). This Promotion is in no way sponsored, endorsed or administered by, or associated with Instagram. The Partner for the purpose of this Promotion shall include PlantX (the “Partner”). Partner is a prize provider only and is not responsible for the administration of this Promotion.
2. PRIZES; ODDS OF WINNING: There are 2 prizes for this Promotion, which are:
6 bags of Tazzy Candy (approximate retail value $36.00 USD)
$50 PlantX Gift Card (approximate retail value $50.00 USD)
The odds of winning depend on the number of eligible entries received. The winner may not substitute his or her prize for its cash equivalent and may not transfer or assign the prize without Sponsor’s permission. Sponsor reserves the right to substitute any or all of the prizes with any article or service of similar or greater value at its sole discretion. Prizes may not be assigned or transferred.
3. HOW TO ENTER: You (or “Entrant”) may enter the Promotion by following the instructions set forth in the Google Entry Form. Entrant must enter their email on the Google Entry Form. By entering the Tazzy Candy x PlantX Promotion, you agree to receive email communication and special offers from all partners: Tazzy Candy and PlantX. Each Entrant may only submit one entry through each of the available avenues detailed above. Sponsor, in its sole discretion, will decide whether a given entry satisfies the criteria for entry in the Promotion. Multiple Entrants are not permitted to share the same email address or social media handle. Any attempt by any Entrant to obtain more than the stated number of entries by using multiple/different email or addresses, accounts, identities, registrations and logins, or any other methods will void that Entrant's entries and that Entrant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. In the event of a dispute as to any Entrant, the authorized account holder of the email address or social media handle associated with the entry will be deemed to be the Entrant. The “authorized account holder” is the natural person assigned an email address or social media handle by an Internet access provider, online service provider or other organization responsible for assigning email addresses or social media handles for the domain or social media account associated with the entry. Each potential winner may be required to show proof of being the authorized account holder. Sponsor will make the final determination of the identity of Entrants in its sole discretion. Sponsor is not be responsible for incorrect or inaccurate transcription of entry information, technical malfunctions, lost/delayed data transmission, omission, interruption, deletion, defect, failures of any communications network, computer equipment, software, inability to access any online service or web site, inability to submit the online entry form, or any other error or malfunction, or any injury or damage to participant’s or any other person’s computer related to or resulting from participation or downloading any materials in this Promotion, or for late, lost, stolen, postage due, illegible or misdirected entries. It is the Entrant’s responsibility to obtain any parental or employer permission to use the equipment required to complete the entry.
4. ELIGIBILITY: This Promotion is open to all legal residents of the United States of America, excluding the District of Columbia, Alaska, Florida, Hawaii, and Rhode Island, and excluding all territories and possessions of the United States of America, who are the age of majority or older in their respective places of residence as of 00:00 hours Pacific time on October 15, 2022.
5. DRAWING/SELECTION: The potential winner(s) will be selected in a random drawing conducted by the Partners., whose decision will be final and binding in all respects. The potential winner(s) will be selected on or about 12:00 Pacific Time on October 31, 2022 and will be notified within thirty (30) days after the drawing by telephone, e-mail or mail. In the event that Sponsor cannot reach the winner within seven (7) business days after it attempts to notify the winner, Sponsor will select a new winner according to these rules.
6. SCHEDULE: This Promotion begins on 07:00 hours Pacific Time on October 15, 2022 and ends 23:59 hours Pacific Time on October 31, 2022. All entries must be received by 23:59 hours Pacific Time on October 31, 2022.
7. ADDITIONAL CONDITIONS: Sponsor reserves the right to terminate or amend the Rules of this Promotion if fraud, technical failures or any other factor beyond Sponsor's reasonable control impairs the integrity of the Promotion as determined by Sponsor in its sole discretion. At its sole discretion, Sponsor may disqualify any person whom it considers to have intentionally violated the Official Rules or any element of this Promotion. By participating, Entrants agree: (a) to be bound by the Official Rules and the decisions of the Sponsor; (b) to release and hold harmless the Released Parties and ”Instagram,” from any and all liability with respect to acceptance, possession or use (or misuse) of the prize(s) or participation in this Promotion as further agreed in Section 13 of these Official Rules. Potential Winners may be requested to sign an additional publicity release, release and eligibility affidavit, or to complete any relevant tax documentation. Failure to properly execute and return such documentation shall render the Entrant ineligible. Winner agrees to permit Sponsor to use his/her/their name, address, city, state, photograph, videotape or any likeness for advertising or publicity purposes for no additional compensation.
8. TAXES: Taxes are the sole responsibility of the Winner. Sponsor does not provide tax advice. Participants are encouraged to contact their own tax advisor regarding potential tax implications, if any, of this Promotion. Sponsor may request a completed IRS Form W-9 from the potential Promotion winner prior to the distribution of any prizes.
10. LIMITATION OF LIABILITY: The Sponsor, its Partners, its affiliates, its advertising and Promotional agencies, the suppliers of products or services related to this Promotion and their respective employees, officers, directors, representatives and agents shall not be responsible for incorrect or inaccurate capture of entry information, technical malfunctions, printing errors, lost, delayed or garbled data or transmissions, omission, interruption, deletion, defect or failures of any telephone or computer lines or networks, computer equipment, software or any combination thereof, inability to access any online service or web site, inability to submit the online entry form, or any other error or malfunction, or for late, lost, stolen, postage due, illegible or misdirected entries.
11. DISPUTES, APPLICABLE LAW: Any controversy or claim arising out of or relating to the Promotion or these terms, or any breach thereof, shall be settled by arbitration seated in New York City, New York. The physical location of the arbitration hearings shall be held in New York, NY unless the Parties agree otherwise. All proceedings, filings, and statements made in such arbitration shall be confidential. The arbitration shall be administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. By participating in this Promotion, each Entrant agrees that: (a) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion but in no event attorneys’ fees; and (b) 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. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
12. RELEASE: Subject to applicable law, by entering into this Promotion and potentially receiving a Prize, each Entrant agrees to release, discharge, and hold harmless Released Parties from and against any claim, cause of action, demand, or proceeding (each, a "Claim"), and any resultant loss, injury (including death), cost, expense, fee, fine, penalty, or other loss or expense of any kind, including attorneys' fees (each, a "Loss"), relating to or arising directly or indirectly out of his or her participation in the Promotion (or related activity such as a press release), and/or Sponsor's right to exploit Entrant's name and/or likeness or fully exploit any other right granted to it hereunder.