NO PURCHASE NECESSARY
ELIGIBILITY: This Poo~Pourri Instagram story Contest (“Contest”) is open only to users of Instagram who: (i) follow Poo~Pourri (the “Account”) on Instagram; (ii) comply with the additional Contest instructions provided by Poo~Pourri and tag the Account in the user’s own Instagram account story; and (iii) and who are legal residents of the 48 contiguous United States and the District of Columbia and eighteen (18) years of age or older at time of entry (the “Participants”). Employees, agents, officers and directors of Scentsible, LLC d/b/a Poo~Pourri (“Poo~Pourri” or “Sponsor”), its affiliates, subsidiaries, distributors, advertising and promotion agencies and their immediate family members and/or those living in the same household of each, and anyone involved in the production, development or handling of the Contest (collectively, the “Released Parties”) are not eligible to enter or win in this Contest.
1. APPLICABLE LAW: This Contest is being conducted pursuant to the laws and regulations of the State of Texas. Entry into this Contest constitutes acceptance of the application of this law regarding any interpretation and regulation of this Contest.
2. HOW TO ENTER: The Contest begins at 6:00am EST on June 12, 2019 and ends at 11:59pm PST July 1, 2019 (the “Promotion Period”). Eligible participants are automatically entered into the Contest upon meeting the eligibility requirements above. During the Promotion Period, log-in to your Instagram account and navigate the Poo~Pourri Instagram page at https://www.instagram.com/poopourri/. Upon locating the applicable Contest post from the Account, Participants can enter the Contest by following the instructions to complete the Contest submission. To complete the entry process, the Participant must upload their own personal submission of their review of Poo~Pourri’s products. Any misappropriated, misleading, or discrepancies in a submission will disqualify the Participant. Each completed submission will result in one (1) Contest entry.
All entries are final upon submission. Entries generated by script, macro or other automated means or practices, or by any means which subvert the entry process will be void. All entries must be submitted by 11:59pm PST July 1, 2019 to be eligible.
Entering this Contest requires an Instagram account, which is available for free at https://instagram.com. If you choose to post to Instagram using your mobile device, date rates may apply. See your wireless provider for further details.
Participants must not submit a submission that, if selected, cannot be licensed or assigned to the Sponsor as contemplated herein. The Billboard contains materials that are owned by or licensed to the Sponsor. You may not copy, reproduce, download, upload, post distribute, republish, retransmit, perform, or modify in any way any material controlled by Sponsor or submitted by other participants. Upon entry into the Contest whether by posting or displaying the content required by such Contest (“Content”) using participant’s Instagram account, participant grants to Poo~Pourri a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).All rights and licenses not expressly granted to you in these terms are reserved to Sponsor.
3. SELECTION OF WINNER: The name of the winner will be selected by July 30, 2019 (“Potential Winner”). Submissions will be judged solely by the Sponsor based upon several factors, including, but not limited to: the creativity of the submission, affinity for Sponsor’s brand, and alignment with Sponsor’s core values. The Potential Winner will be notified via Instagram message within approximately ten (10) days of completion of the drawing. The Potential Winner may be required to execute and return a waiver and release form provided by Sponsor within ten (10) business days of the date of notification or the prize may be forfeited and an alternate Potential Winner selected. Sponsor is not and will not be held responsible for delays in the selection of a Potential Winner, notification of Potential Winner, or delivery of the prize. Decisions of the Sponsor regarding selection of a Potential Winner will be final as to all matters including the accuracy and/or completeness of a submission, as well as the quality of the information or other performance. If the Potential Winner is unable to be notified for any reasons for any amount of time, the applicable prize may be forfeited and awarded to an alternate winner.
4. PRIZE: One (1) assortment of Poo~Pourri retail products with an estimated retail value of $500.00 (the “Prize”). In addition, the Potential Winner will have the opportunity to have their submission displayed on a Poo~Pourri billboard (the “Billboard”) within fifty (50) miles of the Potential Winner’s residence. The pictures, phrases, and other content contained on the Billboard are subject to the sole discretion of Sponsor. The Billboard itself, and all rights thereto, are not components of the Prize. All other details of the Prize not stated herein are at the sole discretion of the Sponsor and subject to applicable federal, state, and municipal law. The Sponsor reserves the right place the Billboard in excess of fifty (50) miles of the Potential Winner’s residence. Odds of winning may depend upon the number of eligible entries received. By participating in the Contest, each participant and winner waives any and all claims of liability against the Released Parties for any personal injury or loss which may occur from the conduct of, or participation in, the Contest or drawing, or from the receipt or use of the prize. If the Potential Winner declines to accept the Prize, no additional compensation will be awarded.
5. PRIZE CONDITIONS: All applicable federal, state, and local taxes, if any, and all other costs and expenses associated with the prize acceptance and use not specified herein are the sole responsibility, including travel and accommodation expenses. All prize details are at Sponsor’s sole discretion. Released Parties disclaim all and any liability for the actual provision, quality, or nature of any prize accepted by the winner. The awarding of a Prize is contingent upon full compliance with these Official Rules. Winner may not substitute, assign, or transfer the Prize, but Sponsor reserves the right, at its sole discretion, to substitute the Prize with one of comparable or greater value. All fees and surcharges, if applicable, are the sole responsibility of the winner.
6. PUBLICITY RELEASE: Unless prohibited by applicable law, Participant authorizes and irrevocably grants to Sponsor and the other Released Parties permission to, from time to time, reference and discuss Participant, including the Content, and their participation in the Contest in publications, electronic postings, and/or on their website(s) in photographs, video recordings, digital images, audio recordings, as well as in newsletters, news releases, other printed materials, and in materials made available on the Internet or in other media now known or hereafter developed for any purpose Sponsor and/or the Released Parties deem proper. Such reference and discussion may involve Participant’s name and voice, and other personal/biographical material or their participation in advertisements or on-air.
7. DISPUTES: Except where prohibited, Winner agrees that: (1) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Contest, but in no event attorneys’ fees; and (2) under no circumstances will Winner be permitted to obtain awards for, and Winner hereby waives all rights to claim, indirect, 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. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Entrant and Sponsor 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 (whether of the State of Texas in the U.S. or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Texas.
8. SPONSOR: Scentsible, LLC (d/b/a Poo~Pourri) is the Sponsor and may be contacted at: 4901 Keller Springs, Suite 106D, Addison, TX 75001.
9. ACKNOWLEDGEMENT: This drawing is no way sponsored, endorsed, or administered by, or associated with, Instagram.