#PuracyMoments Contest

PURACY®
#PURACYMOMENTS SWEEPSTAKES
OFFICIAL RULES

 

NO PURCHASE NECESSARY TO ENTER OR WIN.  A PURCHASE WILL NOT INCREASE AN ENTRANT’S CHANCES OF WINNING.

 

 

            The #PuracyMoments Sweepstakes (“Contest”) is sponsored and administered by Puracy® (“Sponsor”), which may be contacted at 700 Lavaca St. Suite 1401, Austin, TX, 78701.  The use of the term Sponsor herein shall also include and refer to Puracy and its affiliated entities.

 

  1. CONTEST PERIOD. The Promotion starts August 1, 2018 at 12:00 a.m. Central Time (“CT”) and ends July 31, 2019 at 11:59:59 p.m. CT (the “Contest Period”). Sponsor will select the Contest winner in accordance with the procedures set forth below. By participating in the Contest, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Sponsor, which shall be final and binding in all respects.

 

2)         WHO MAY ENTER.  The Contest is open only to those legal residents of the 50 United States and the District of Columbia who are 18 years of age or older at the time of entry (“Contestant”).  Only one entry is allowed per household during the Contest Period.  Directors, officers and employees, and their immediate family members, or those living in the same household as such directors, officers and employees, of Sponsor or their respective parent, affiliated, or subsidiary companies, agents or representatives (collectively “Promotion Entities”) are not eligible to enter or win. The Contest is void where restricted or prohibited by law.

 

3)         HOW TO ENTER.  Each calendar month during the Contest Period, a winner will be selected and announced by the 10th day of the following month.  Only one entry is allowed per household per calendar month during the Contest Period (each an individual “Submission Period”).  The term “calendar month” shall mean 12:00 a.m. CT on the 1st day and 11:59:59 p.m. CT on the last day of every month during the Contest Period.  To participate in the Contest, Contestant must have an Instagram or Facebook account (“Social Media”), must “follow” Puracy and use #puracymoments to post a picture of Contestant using Puracy products that meets all requirements set forth in these Official Rules, including but not limited to the requirements contained in Paragraph 4, below.

 

4)         SUBMISSION REQUIREMENTS. Contestant Submissions must include the #puracymoments hashtag and the Social Media account must be set to permit public viewing of Contestant Submissions in order to be considered by Sponsor.  By using the #puracymoments hashtag in connection with a Contestant’s Social Media post, Contestants acknowledge and agree that Sponsor has the right to stream Contestant posts through the Social Media API, or otherwise use Contestant posts as set forth in its online Terms of Use, located at www.puracy.com. In addition to the foregoing, the Submission must meet the following “Submission Requirements”:

 

 

 

 

5)         WINNER SELECTION / JUDGING. At the end of each Submission Period during the Contest Period, Sponsor will monitor and review the initial Submissions for eligibility. Sponsor will judge all eligible Submissions on the following criteria: Execution of Theme (e.g., use of Puracy products) (40%), Creativity & Originality (30%); and Photographic Quality (30%). Sponsor will select (1) one winning Submission (the “Winning Submission”) during each Submission Period through the end of the Contest Period. The determination of the Winning Submission shall be made by Sponsor in its sole discretion and such determination shall be final and binding.

 

6)         PRIZES.  Each Winning Submission during the Submission Period of the Contest Period will receive one (1) year’s worth of the Puracy product (consisting of twelve (12) individual units of product) depicted in the Submission (the “Prize”).  If multiple Puracy products are depicted in a Submission, the Puracy product of greater retail value shall be selected as the Prize, at Sponsor’s sole discretion.  Shipments of Puracy Prizes shall be made to each Winning Submission Contestant once per month, beginning the calendar month following selection as the Winning Submission.  All shipping and handling charges to Contestant’s specified address will be paid for by Puracy.  All Prizes are to be utilized by the Winning Submission Contestant for personal use without right to resell product and all Prizes are non-transferrable, non-refundable, and non-exchangeable for an alternative product or a cash equivalent. The approximate retail value (“ARV”) of each Winning Submission Prize is Two Hundred Dollars ($200.00).   

 

7)         GENERAL PRIZE CONDITIONS. Prizes will be awarded only if the potential winner fully complies with these Official Rules. All costs not specifically identified as included in the Prize are the sole responsibility of the Winning Submission Contestant.  Each Winning Submission Contestant is solely responsible for reporting and paying any and all applicable taxes related to the Prize(s).  All details and other restrictions of Prizes not specified in these Official Rules will be determined by Sponsor in its sole discretion.  Sponsor does not assume any liability for any malfunction of telecommunications, the Internet, or individual computer systems.

8)         WINNER NOTIFICATION AND FULFILLMENT. The potential Winning Submission Contestant for each Submission Period will be announced and the Contestant will be notified by Sponsor on its Social Media accounts / feeds following Sponsor's determination of such winner. Winners may be required to execute and return an Affidavit of Eligibility, Liability/Publicity Release within seven (7) days following the date of attempted notification.  If a selected winner cannot be contacted, is ineligible, fails to claim a prize, and/or fails to return any Affidavit of Eligibility and Liability/Publicity Release (if required), within the applicable time period, Sponsor may elect to disqualify the selected winner, who will then forfeit his or her right to receive the Prize. By accepting a Prize, the Winning Contestant agrees that Sponsor may, without any limitation or further compensation, use his or her name, screen name, voice and/or likeness and Submission in any and all media for the purpose of advertising and promoting the Website, the Contest, or any other promotion, contest or Contest sponsored by the Promotion and/or Sponsor entity.  

 

9)         ODDS OF WINNING.   The odds of winning a Prize depend on the number of eligible Submissions received during each Submission Period during the Contest Period.

 

10)       LICENSE.   By entering a Submission in to the Contest, Contestants acknowledge and agree that Sponsor shall have a perpetual right and license to (a) exploit the Submission throughout the universe, by means of any and all media and devices whether now known or hereafter devised for the promotion of the Contest, as well as any marketing or promotion of Puracy products or on its website; and (b) create derivative works, edit, composite, morph, scan, duplicate, sublicense or alter the Submission(s) for the promotion of the Contest, as well as any marketing or promotion of Puracy products or on its website and Contestants hereby release Sponsor from any liability with respect to such license grant. Sponsor shall have no obligation (express or implied) to use any Submission or to otherwise exploit any Submission or, if commenced, to continue the distribution or exploitation thereof.  The foregoing license rights shall not include any requirement by Sponsor to identify Contestant as the licensor, include any copyright designation, or to otherwise attribute the Submission to Contestant. Contestant also shall not obtain, gain or enjoy any licensing, ownership or intellectual property rights in Puracy or its products through the depiction of Puracy products in any Submission.  Any rights not expressly set forth herein are specifically reserved by Puracy and shall inure to Puracy. Third party Social Media providers may also use your information for their own independent purposes in accordance with their own independent Privacy and/or Terms of Use practices. Sponsor is not responsible for the storage or any use of Contestant Submissions by any Third party Social Media provider.

 

11)       REPRESENTATIONS AND WARRANTIES / INDEMNIFICATION.   Each Contestant represents and warrants to Sponsor as follows: (a) the Submission is the Contestant’s own original, previously unpublished, and previously unproduced work; (b) the Submission is not the subject of any actual or threatened litigation or claim; (c) the Submission neither infringes upon nor violates the intellectual property rights or other rights of any other person or entity; (d) the Submission does not and will not violate any applicable laws, is not defamatory of any entity or individual; and (e) meets the requirements of these Official Rules, including but not limited to the Submission Requirements as set forth herein.   Each Contestant hereby agrees to indemnify, defend and hold harmless Sponsor from and against any and all third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of any of the warranties, representations or agreements of entrant hereunder, including but not limited to Sponsor’s attorney fees and costs.

 

12)       NATURE OF RELATIONSHIP/WAIVER OF EQUITABLE RELIEF.   Contestant hereby acknowledges and agrees that the relationship between Contestant and Sponsor is not a confidential, fiduciary, or other special relationship and Contestant’s decision to provide a Submission to Sponsor does not place Sponsor in a position that is any different from the position held by members of the general public with regard to its Submission. Each Contestant understands and acknowledges that Sponsor has wide access to ideas, stories, designs, and other literary materials, and that new ideas are constantly being submitted to it or being developed by its own employees.  Each Contestant also acknowledges that many ideas or materials may be competitive with, similar or identical to the Submission and/or each other in theme, idea, format or other respects. Each Contestant acknowledges and agrees that he or she will not be entitled to any compensation as a result of Sponsor’s development, promotion or use of any such similar or identical material. Each Contestant acknowledges and agrees that Sponsor does not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the Submission. Finally, each Contestant acknowledges that, with respect to any claim by Contestant relating to or arising out of Sponsor’s actual or alleged exploitation or use of any Submission or other material submitted in connection with the Contest, the damage, if any, caused to Contestant will not be irreparable or otherwise sufficient to entitle Contestant to seek injunctive or other equitable relief, and Contestant’s rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.

 

13)       FURTHER DOCUMENTATION.  If Sponsor shall desire to secure additional assignments, certificates of engagement for the Submission or other documents as Sponsor may reasonably require in order to effectuate the purposes and intents of these Official Rules, then each Contestant agrees to sign such documentation upon Sponsor’s request.

 

14)       IMPORTANT. PLEASE READ - GENERAL RELEASE AND LIMITATIONS ON LIABILITY.   BY ENTERING THE CONTEST, CONTESTANT AGREE THAT: (A) ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE CONTEST, OR ANY PRIZES AWARDED, SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS TO CONTESTANT BY ANY MEDIATOR, ARBITRATOR, OR COURT OF COMPETENT JURISDICTION SHALL NOT EXCEED THE APPROXIMATE RETAIL VALUE (“ARV”) OF A WINNING SUBMISSION PRIZE, OR TWO HUNDRED DOLLARS ($200.00); (C) IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE BY ANY CONTESTANT; AND (D) UNDER NO CIRCUMSTANCES WILL ANY CONTESTANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND CONTESTANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES AND/OR ANY OTHER DAMAGES EXCEPT AS EXPRESSLY SET FORTH IN THIS PARAGRAPH 14.  

 

            EACH CONTESTANT FURTHER ACKNOWLEDGES AND AGREES THAT SPONSOR AND SOCIAL MEDIA ENTITIES ARE NOT RESPONSIBLE FOR ANY COSTS, INJURIES, LOSSES, OR DAMAGES OF ANY KIND ARISING FROM OR IN CONNECTION WITH: (I) INCOMPLETE, LOST, LATE, MISDIRECTED OR ILLEGIBLE SUBMISSIONS OR FOR FAILURE TO RECEIVE SUBMISSIONS DUE TO ANY CAUSE, INCLUDING WITHOUT LIMITATION HUMAN, TRANSMISSION, OR TECHNICAL PROBLEMS, FAILURES, OR MALFUNCTIONS OF ANY KIND, WHETHER ORIGINATING WITH CONTESTANT, WITH SPONSOR, OR OTHERWISE, THAT MAY LIMIT A CONTESTANT’S ABILITY TO PARTICIPATE IN THE CONTEST; (II) ANY INJURY OR DAMAGE RESULTING FROM PARTICIPATION IN THE CONTEST AND/OR THE USE OF ANY PRIZE (INCLUDING, WITHOUT LIMITATION, CLAIMS, COSTS, INJURIES, LOSSES AND DAMAGES RELATED TO PERSONAL INJURIES, DEATH, DAMAGE TO, LOSS OR DESTRUCTION OF PROPERTY, OR ANY CLAIMS, COSTS, INJURIES, LOSSES, OR DAMAGES RELATED TO OR BASED ON THE CONTESTANT’S RIGHTS OF PUBLICITY OR PRIVACY, OR THE CONTESTANT’S CLAIM THAT HE OR SHE HAS SOMEHOW BEEN DEFAMED OR PORTRAYED IN A FALSE LIGHT. SPONSOR ASSUME NO RESPONSIBILITY FOR ANY DAMAGE TO A CONTESTANT’S COMPUTER SYSTEM THAT IS OCCASIONED BY ACCESSING THE WEBSITE OR PARTICIPATING IN THE CONTEST, OR FOR ANY COMPUTER SYSTEM, PHONE LINE, HARDWARE, SOFTWARE OR PROGRAM MALFUNCTIONS, OR OTHER ERRORS, FAILURES, DELAYED COMPUTER TRANSMISSIONS OR NETWORK CONNECTIONS THAT ARE HUMAN OR TECHNICAL IN NATURE, OR FOR THE INCORRECT OR INACCURATE CAPTURE OF INFORMATION, OR THE FAILURE TO CAPTURE ANY INFORMATION.

 

15)       GOVERNING LAW. All issues and questions concerning the construction, validity, interpretation and enforceability of these official rules, or the rights and obligations of entrants or sponsor in connection with the contest or in connection with any design submission or other material submitted in connection with the Contest shall be governed by and construed in accordance with the laws of the state of Texas, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s laws.  

 

16)       SEVERABILITY.  The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of the remaining provisions.  In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.

 

17)       ARBITRATION.  By participating in this Contest, each Contestant agrees that any and all disputes Contestant may have with, or claims Contestant may have against Sponsor relating to, arising out of or connected in any way with (a) the Contest; and/or (b) the awarding or redemption of any Prize; and/or (c) the exploitation or use of any Submission or other material submitted in connection with the Contest, will be resolved individually and exclusively by final and binding arbitration. The arbitration will be conducted in accordance with the American Arbitration Association's (“AAA”) Commercial Arbitration Rules, as modified by the terms of this Agreement. If a Contestant has any questions about the American Arbitration Association, or wishes to obtain a copy of the AAA’s rules and forms, Contestant may call (800) 778-7879 or visit the AAA’s website at www.adr.org. The arbitration shall take place in Austin, Texas, before a single arbitrator, selected pursuant to such rules, and shall be conducted on an expedited basis and in strict confidence. The arbitrator selected pursuant to these Official Rules shall be well acquainted with sweepstakes law and shall not have the power to impose punitive damages. Each party hereby waives any and all rights and benefits that he, she or it might otherwise have or be entitled to under federal law or the laws of Texas, or any other state to litigate any such dispute in court, it being the intention of the parties to arbitrate all such disputes. The arbitrator’s decision shall be controlled by the terms and conditions of these Official Rules, and any other agreements the applicable Contestant may have entered into with Sponsor in connection with the Contest, and the arbitrator’s decision shall be final and binding, and shall provide for each party to bear its own costs of arbitration and attorneys’ fees and costs, even if a party is deemed to be the prevailing party.  EACH PARTY EXPRESSLY WAIVES ANY RIGHT TO A TRIAL BY JURY.  Judgment upon the award of the arbitrator may be entered or enforced in any court of competent jurisdiction. If either party fails to appear at the hearing on the date designated in accordance with the rules of the American Arbitration Association, or shall otherwise fail to participate in the arbitration proceeding, the arbitrator is hereby empowered to proceed ex parte. If Contestant does not agree to these requirements (or any other provision herein), do not participate in the Contest. If any part of this Arbitration Provision is deemed to be invalid or otherwise unenforceable or illegal, the balance of this Arbitration Provision shall remain in effect and shall be construed in accordance with its terms as if the invalid or illegal provision were not contained herein.

 

 

END OF OFFICIAL RULES