Juiceman Twist of Lemons Contest Official Rules
NO PURCHASE NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
1. PROMOTION DESCRIPTION: Juiceman Twist of Lemons Contest (“Promotion” or “Contest”) will commence on 12:00 A.M. CST on December 16, 2016 and end at 3:00 P.M. CST on December 19, 2016 (“Promotion Period”). The Sponsor is the Spectrum Brands, Inc., 3001 Deming Way, Middleton, WI 53562 (“Sponsor”). The Host is Katie Lemons (“Host”). These Official Rules set forth the entire agreement between the Sponsor and the Participant (defined below) relating to the subject matter hereof, and supersede all prior agreements and understandings relating thereto, whether oral or written.
2. ELIGIBILITY: This Contest is open only to United States including the District of Columbia residents (excluding Puerto Rico, the U.S. Virgin Islands, U.S. Military installations in foreign countries, and where prohibited by law) who are physically located in the U.S. and are the age of majority or older in their state or district at the time of entry.
If you do not meet all of these requirements or all other eligibility requirements in these Official Rules, you are not eligible to win a Prize. Employees, directors, officers and contractors of Sponsor, Host and Sponsor’s advertising and promotion agencies and their immediate families or those living in the same household of each are not eligible to enter the Contest. The Promotion is subject to all applicable federal, state and local laws and regulations and is void where prohibited or restricted by law. Chances of winning this Contest depend on the number of eligible entries received during the Promotion Period.
3. HOW TO ENTER: To enter the Contest, an eligible person must respond as requested to the twist_of_lemons Instagram post, calling out the Contest, during the Promotion Period (“Participant”). Participant’s Instagram account must be public. Only one response per person is allowed. Multiple Participants may not share an Instagram account. Multiple responses by Participant may result in all Participant’s responses being disqualified.
Sponsor is not responsible for lost, late, incomplete, garbled, illegible or misdirected responses, or for any error, human, technical or otherwise, which occurs or may occur in the Contest.
In the event of a dispute as to the identity of a Participant, responses will be deemed submitted by the authorized account holder of the Instagram account from which it was sent. The authorized account holder shall be the natural person to whom the applicable Instagram account has been assigned by Instagram.
Participant agrees that by entering the Contest as described above constitutes agreement to these Official Rules. You are not eligible to receive a Prize described in the Official Rules, unless you agree to the Official Rules. The Official Rules form a binding legal agreement between Participant and the Sponsor with respect to the Contest.
4. HOW THE WINNER IS SELECTED: After close of the Promotion Period, Host will select one  Winner from all the responses received. The selection will be based on uniqueness and creativity. The selection shall be final in all matters relating to the Contest. Host will contact the Winners via direct
message by 4:00 p.m. on December 19, 2016 (“Notice”). Neglecting to respond to the Notice within forty-eight (48) hours shall result in disqualification. In case of disqualification, another winner will be chosen at random. The Winner is subject to verification. The Winner agrees to give Host his/her name and address for delivery of the Prize. The Host will share this information with the Sponsor.
5. PRIZE: The Winner will receive a Juiceman JM3000. Approximate Retail Value (“ARV”) is $119.99 USD. The Winner is solely and fully responsible for any and all costs, fees, and expenses associated with accepting, receiving or using the Prize and all federal, state, provincial and local taxes on the Prize. No transfer, substitution, or cash equivalent for the Prize is permitted, except Sponsor in its sole discretion reserves the right to substitute the Prize, if the Prize becomes unavailable for any reason. Prize will be shipped, by Host, no later than December 23, 2016. Sponsor and/or Host may post the Winner’s first name and last initial on Facebook, Twitter, Instagram or Sponsor’s websites.
6. PRIZE ACCEPTANCE CONDITIONS
The Host’s posting of this Contest and the Winner’s acceptance of the prize offered constitutes permission for the Sponsor to use all materials created subsequent to participation, including any photo-shoot photographs, recordings, video tape footage, promotional activity, publicity and other materials documenting Winner events, including the image and/or voice of Winner, and all rights title and interest thereto, including copyrights and derivative works, and concepts or ideas depicted therein, become the sole property of Sponsor and may be used, at the sole discretion of Sponsor (without obligation) together with any Winner’s name, image, photograph, likeness, voice or hometown name, by Sponsor for any purpose and in any media whatsoever, without limitation, including print, collateral materials, product packaging, audio recordings/film/TV/video, outdoor advertising and the Internet, without compensation or review.
7. GENERAL CONDITIONS: Sponsor reserves the right to amend the Official Rules at any time in its sole discretion. Please check the Official Rules posted on Sponsor’s website for any changes/modifications.
8. DISCLAIMER: Sponsor and any agents acting for or on its behalf including but not limited to Host are not responsible for error, omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of Instagram posts or responses, or for technical, network, telephone, computer, hardware or software malfunctions of any kind, or inaccurate transmission of, or failure to receive entry information on account of technical problems or traffic congestion on the Internet or at any website or any combination thereof, or the incorrect or inaccurate
capture of entry information or the failure to capture any such information. Sponsor and Host are not responsible for any change in Participants’ e-mail addresses, mailing addresses and/or phone numbers. Further, Sponsor and Host are also not responsible for any injury or damage to Participant’s or any other person's computer related to or resulting from participating or downloading any materials in the Contest or for any electronic mail that is late, lost, misdirected, damaged, incomplete, or illegible. If the Contest becomes technically corrupted or compromised due to any of the foregoing factors or non-authorized human intervention, Sponsor reserves the right, in its sole discretion, to terminate the Contest in its entirety or to select the potential winner from all eligible submissions received prior to termination. Notwithstanding anything to the contrary contained herein, Sponsor reserves the right to cancel, terminate or modify any promotion not capable of completion as planned, due to infection by computer virus, bugs, tampering, unauthorized intervention, force majeure or technical failures of any sort.
9. LIMITATION OF LIABILITY/GOVERNING LAW: IN NO EVENT SHALL SPONSOR, OR THEIR PARENTS, AFFILIATES, SUBSIDIARIES, AND RELATED COMPANIES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, CONTRACTORS, SUCCESSORS AND ASSIGNS INCLUDING BUT NOT LIMITED TO HOST (COLLECTIVELY, THE "RELEASEES”) BE RESPONSIBLE FOR ANY CLAIMS, ACTIONS, DEMANDS, LOSSES, LIABILITIES, DAMAGES, COSTS AND EXPENSES (INCLUDING, ATTORNEYS' FEES) OF ANY KIND, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER FORESEEABLE OR NOT AND WHETHER BASED ON NEGLIGENCE OR OTHERWISE, ARISING OUT OF PARTICIPANT’S PARTICIPATION IN THE CONTEST, THE ACCEPTANCE, POSSESSION, USE, MISUSE, LOSS OR MISDIRECTION OF THE PRIZE(S), PARTICIPATION IN ANY CONTEST RELATED ACTIVITIES OR ACCESS TO AND USE OF ANY INTERNET SITE, AND PARTICIPANT AGREES TO RELEASE, DEFEND, INDEMNIFY, DISCHARGE AND HOLD HARMLESS THE RELEASEES FROM ANY SUCH CLAIMS, ACTIONS, DEMANDS, LOSSES, LIABILITIES, DAMAGES, COSTS AND EXPENSES, INCLUDING, WITHOUT LIMITATION FROM ANY DAMAGE, INJURY, DEATH, LOSS OR OTHER LIABILITY EITHER AT LAW OR EQUITY WHETHER KNOWN OR UNKNOWN, ASSERTED OR NOT ASSERTED THAT MAY ARISE FROM OR IN ANY WAY RELATE TO PARTICIPANT’S PARTICIPATION IN THE CONTEST OR THE AWARDING, ACCEPTANCE, USE OR MISUSE OF THE PRIZES. WITHOUT LIMITING THE FOREGOING, THE PRIZES ARE PROVIDED "AS-IS" WITHOUT ANY WARRANTY (EXCEPT FOR MANUFACTURERS’ WARRANTIES, IF ANY) OR REPRESENTATION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
This Contest will be governed by and construed in accordance with the laws of the state of Wisconsin, without giving effect to any choice of law or conflict of laws rules or provisions. Except where prohibited by law, as a condition of participating in the Contest, Participants agree that (a) any and all disputes and causes of action arising out of or connected with the Contest shall be resolved without any form of class action, (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorneys’ fees; and (c) no punitive, incidental, special, consequential or other damages, including without limitation lost profits may be awarded (collectively “Special Damages”), and (d) Participants hereby waive all right to claim Special Damages and all rights to have such damages multiplied or increased.
On any notice you receive, you will have the opportunity to choose not to receive any subsequent notices.
10. WINNERS’ LIST: For the first name and last initial of each Winner or a copy of these Official Rules, (please specify) send a self-addressed, stamped envelope to: Juiceman Twist of Lemons Contest, 3001 Deming Way, Middleton, WI 53562. All requests must be received by February 15, 2017.
THIS PROMOTION IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW.