Social Media Giveaway Rules and Regulations
NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE THE CHANCES OF WINNING.
Eligibility: This Sweepstakes is open only to those who are 18 years of age or older and are legal residents within the 48 contiguous states of United States of America. Void where prohibited by law. Current Wisteria employees, as well as Wisteria subsidiaries, affiliates, suppliers, advertising and promotion agencies and employees’ immediate family members are ineligible participate in the #myfavwisteria Sweepstakes.
Giveaway Period: Each Social Media Giveaway begins and ends on the dates and times as specified on the Giveaway Social Media Post (the “Giveaway Entry Period”). Entries will only be accepted during the Giveaway Entry Period.
Sponsorship: The sponsor of this Sweepstakes is WISTERIA (“Sponsor”), located at Suite F, 4400 Highlands Pkwy SE Smyrna, GA 30082
Agreement to Rules: By participating, the Contestant (“You”) agree to be fully unconditionally bound by these Rules, and You represent and warrant that You meet the eligibility requirements. In addition, You agree to accept the decisions of Wisteria as final and binding as it relates to the content of the Sweepstakes. By entering You also agree that any photo submitted can be used by Wisteria for any future advertising purposes.
Winner Selection and Notification: Winner will be selected by random draw under the supervision of the Wisteria CEO. Winner will be notified by email or Facebook/Instagram private message within 5 business days following selection of Winner. Wisteria shall have no liability for Winner’s failure to receive notices due to spam, junk e-mail or other security settings or for Winner’s provision of incorrect or otherwise non-functioning contact information.
If Winner cannot be contacted, is ineligible, fails to claim the prize within 30 days from the time award notification was sent, or fails to timely return a completed and executed declaration and release as required, the prize may be forfeited, and an alternate Winner selected. Receipt by Winner of the prize offered in this Contest is conditioned upon compliance with any and all federal, state, and local laws and regulations.
ANY VIOLATION OF THESE OFFICIAL RULES BY WINNER (at Wisteria’s sole discretion) WILL RESULT IN WINNER’S DISQUALIFICATION AS WINNER OF THE #myfavwisteria SWEEPSTAKES, AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.
Prizes: Prize shall be as stated on Giveaway Social Media Post. No cash or other prize substitutions are permitted except at Sponsor’s sole discretion. The prize is nontransferable. Online gift card prizes shall be subject to the terms and conditions delivered with the online gift card. Each winner will be responsible for paying all costs and expenses related to a prize that are not specifically mentioned, including, but not limited to, income taxes, and any other expenses that might reasonably be incurred by the winner in receiving or using the prize. Winner should consult a tax professional to discuss winner’s particular situation. Each winner may be required to submit his/her social security number or tax payer ID to Wisteria in order to claim a prize. If a winner does not provide his/her social security number or tax payer ID as requested by Wisteria, the winner will no longer be eligible to receive the prize and the prize will be forfeited and returned to Sponsor.
Each prize will be awarded “AS IS” and WITHOUT WARRANTY OF ANY KIND, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose). If you win a prize, you may not transfer, assign, or redeem the prize for cash. Sponsor or Wisteria reserve the right to substitute a prize with a gift card or other prize of value equal to or greater than the value paid by Sponsor while setting up the Giveaway.
Rights Granted by You: By entering this content (e.g., photo, video, text, etc.), You understand and agree Wisteria, anyone acting on behalf of Wisteria, and Wisteria licensees, successors, and assigns, shall have the right, where permitted by law, to print, publish, broadcast, distribute, and use in any media now known or hereafter developed, in perpetuity and throughout the World, without limitation, your entry, name, portrait, picture, voice, likeness, image, statements about the Sweepstakes, and biographical information for news, publicity, information, trade, advertising, public relations, and promotional purposes. without any further compensation, notice, review, or consent.
By entering this Sweepstakes, You represent and warrant that your entry is an original work of authorship, and does not violate any third party’s proprietary or intellectual property rights. If your entry infringes upon the intellectual property right of another, You will be disqualified at the sole discretion of Wisteria. If the content of your entry is claimed to constitute infringement of any proprietary or intellectual proprietary rights of any third party, You shall, at your sole expense, defend or settle against such claims. You shall indemnify, defend, and hold harmless Wisteria from and against any suit, proceeding, claims, liability, loss, damage, costs or expense, which Wisteria may incur, suffer, or be required to pay arising out of such infringement or suspected infringement of any third party’s right.
Terms & Conditions: Wisteria reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Sweepstakes should virus, bug, non-authorized human intervention, fraud, or other cause beyond Wisteria’s control corrupt or affect the administration, security, fairness, or proper conduct of the Sweepstakes. In such case, Wisteria may select the Winner from all eligible entries received prior to and/or after (if appropriate) the action taken by Wisteria. Wisteria reserves the right, in its sole discretion, to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Sweepstakes or website or violates these Terms & Conditions.
Wisteria has the right, in its sole discretion, to maintain the integrity of the Sweepstakes, to void votes for any reason, including, but not limited to: multiple entries from the same user from different IP addresses; multiple entries from the same computer in excess of that allowed by Sweepstakes rules; or the use of bots, macros, scripts, or other technical means for entering. Any attempt by an entrant to deliberately damage any website or undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil laws. Should such attempt be made, Wisteria reserves the right to seek damages to the fullest extent permitted by law.
Limitation of Liability: By entering, You agree to release and hold harmless Wisteria and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers, and directors from any liability, illness, injury, death, loss, litigation, claim, or damage that may occur, directly or indirectly, whether caused by negligence or not, from: (i) such entrant’s participation in the Sweepstakes and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof; (ii) technical failures of any kind, including but not limited to the malfunction of any computer, cable, network, hardware, or software, or other mechanical equipment; (iii) the unavailability or inaccessibility of any transmissions, telephone, or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Promotion; (v) electronic or human error in the administration of the Promotion or the processing of entries.
Disputes: THIS Sweepstakes IS GOVERNED BY THE LAWS OF the United States of America WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Sweepstake, participant agrees that any and all disputes that cannot be resolved between the parties, and causes of action arising out of or connected with this Sweepstakes, shall be resolved individually, without resort to any form of class action, exclusively before a court located in [location] having jurisdiction. Further, in any such dispute, under no circumstances shall participant be permitted to obtain awards for, and hereby waives all rights to, punitive, incidental, or consequential damages, including reasonable attorney’s fees, other than participant’s actual out-of-pocket expenses (i.e. costs associated with entering this Sweepstakes). Participant further waives all rights to have damages multiplied or increased.