Official National Pumpkin Day Instagram Giveaway (“Campaign”) Rules & Regulations (“Rules”)
NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE THE CHANCES OF WINNING.
1. Eligibility: This Campaign is open only to those who are 18 years or older and legal residents of the United States possessing an active and valid Instagram® account. Employees, officers or directors of Cinch Home Services, Inc. (“Sponsor” or “Cinch”) or any of its respective parents, affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment, and marketing agencies, website providers, web masters and members of their immediate families (spouses, parents, siblings, and children, regardless of where they live) and those living in the same household (whether related or not) are not eligible to enter or win.
2. 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 Sponsor as final and binding as it relates to the content of this Campaign.
3. Campaign Period: Entries will be accepted online starting 12:01 a.m. EST on October 26, 2020, and ending 11:59 p.m. EST on October 28, 2020
5. Prizes: Cinch will be awarding one (1) two hundred dollar ($200.00) Visa gift card to one (1) randomly selected Winners (as defined below). The total prize value of this Campaign has a retail value of 200.00 USD. No cash or other prize substitution shall be permitted except at Cinch’s discretion.
The prize is nontransferable. Any and all prize-related expenses, including without limitation any and all federal, state, and/or local taxes, shall be the sole responsibility of Winner. Acceptance of prize constitutes permission for Cinch to use Winner’s name, likeness, and entry for purposes of advertising and trade without further compensation, unless prohibited by law.
6. Odds: The odds of winning depend on the number of eligible entries received.
7. Winner Selection and Notification: : October 29, 2020, one (1) individual entry will be randomly selected from the eligible entries received (“Winner(s)”). Winners will be awarded the Campaign prizes through the mail. Winners will be notified no later than October 29, 2020, by sending a private message to the Winners within the Instagram platform. Winners will need to provide to Cinch their full name, phone number, mailing address for the delivery of the prize and a valid email address. Cinch shall have no liability for Winners’ failure to receive notices due to spam, junk e-mail or other security settings or timeline/feed filters or for Winners’ provision of incorrect or otherwise non-functioning contact information.
If a Winner cannot be contacted, is ineligible, fails to claim the prize within thirty (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 will be forfeited. No alternate prize winners will be selected. Receipt by Winner of the prize offered in this Campaign is conditioned upon compliance with any and all federal, state, and local laws and regulations.
ANY VIOLATION OF THESE OFFICIAL RULES BY WINNER (AT CINCH’S SOLE DISCRETION) WILL RESULT IN WINNER’S DISQUALIFICATION AS WINNER OF THE CAMPAIGN, AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.
8. Rights Granted by You: By posting a comment, You understand and agree that Cinch, anyone acting on behalf of Cinch, and Cinch 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 Campaign, and biographical information for news, publicity, information, trade, advertising, public relations, and promotional purposes without any further compensation, notice, review, or consent.
9. Terms & Conditions: Cinch reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Campaign should virus, bug, non-authorized human intervention, fraud, or other cause beyond Cinch control corrupt or affect the administration, security, fairness, or proper conduct of the Campaign. In such case, Cinch may select the Winner from all eligible entries received prior to and/or after (if appropriate) the action taken by Cinch. Cinch 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 Campaign or website or violates these Rules. Cinch has the right, in its sole discretion, to maintain the integrity of the Campaign, to void entries 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 Campaign 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 Campaign may be a violation of criminal and civil laws. Should such attempt be made, Cinch reserves the right to seek damages to the fullest extent permitted by law.
10. Limitation of Liability: By entering, You agree to release and hold harmless Cinch and Instagram, Inc., 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 Campaign 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.
11. Disputes: THIS CAMPAIGN IS GOVERNED BY THE LAWS FLORIDA WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Campaign, You agree that any and all disputes that cannot be resolved between the parties, and causes of action arising out of or connected with this Campaign, shall be resolved individually, without resort to any form of class action, exclusively before a court located in Palm Beach County, Florida having jurisdiction. Further, in any such dispute, under no circumstances shall You be permitted to obtain awards for, and hereby waives all rights to, punitive, incidental, or consequential damages, including reasonable attorney’s fees, other than Your actual out-of-pocket expenses (i.e. costs associated with entering this Campaign). You further waive all rights to have damages multiplied or increased.
13. Sponsor: The Sponsor of the Campaign is Cinch Home Services, Inc., 4700 Exchange Court, Suite 300, Boca Raton, FL 33431. This Campaign is in no way sponsored, endorsed or administered by, or associated with Instagram, Inc. You understand that You are providing Your information to the Sponsor who is the owner of the Instagram profile and not to Instagram, Inc.
14. Official Rules and Winners List: To view the Winner list and to obtain a copy of the Rules, visit www.cinchhomeservices.com/contests. The Winner will be posted and available for ninety (90) days after the end of the Campaign.
15. Winner: Mia Winterbottom