The Ultimate Summer Giveaway Rules
COMPLETE OFFICIAL RULES
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS GIVEAWAY. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. VALID IN THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA ONLY. MUST BE AT LEAST 18 YEARS OF AGE TO ENTER.
- HOW TO ENTER: The Charlie Banana Ultimate Summer Giveaway ("Giveaway") begins at 12:00 a.m. Pacific Time ("PT") on June 13, 2011 and ends at 11:59 p.m. PT on July 1, 2011 ("Giveaway Period"). To enter, visit the Charlie Banana page on Facebook and click on the link or tab for the Giveaway during the Giveaway Period. (You must be a member of Facebook in order to enter the Giveaway.) Then, during the Giveaway Period, (a) "like" the page, and (b) email your summer plans to email@example.com. (c) "like" the other brands participating in the "Giveaway" – Charlie's Soap, Mr. Bar-B-Q, Silly Souls, Simplisse, and Tollytots. There is a limit of one (1) entry per person per day. All entries must be received by 11:59 p.m. PT on June 30, 2011. Any use of automated, robotic, macro, programmed or similar quick-entry programs is prohibited. Attempts to exceed the maximum number of entries permitted may result in disqualification. Sponsor (as defined below) will not correspond regarding receipt of entries. All entries submitted become the sole property of Sponsor and will not be returned.
- ELIGIBILITY: To be eligible for prizes in the Giveaway, you must, at the time of entry, be (a) a legal resident of the 50 United States or the District of Columbia, or Canada (b) physically located in the 50 United States or the District of Columbia, or Canada and (c) 18 years of age or older. The Giveaway is void outside of the above geographic areas and where prohibited or restricted by law. The Giveaway, and any website pages and advertisements relating thereto, are intended for viewing only within the United States. Employees, officers, directors, representatives and agents of Charlie Banana, ("Sponsor"), and the parent companies, affiliates, subsidiaries, promotional partners, licensors, licensees, retailers, franchisees, sales representatives and distributors of the Sponsor, and their advertising and promotion agencies (collectively, together with Sponsor, the "Giveaway Entities"), and members of their immediate families (parents, children, siblings, spouses, regardless of where they reside) and members of their households (whether related or not), are ineligible to participate in this Giveaway. Eligibility will be determined by Sponsor in its sole discretion.
- DRAWING AND NOTIFICATION: The Sponsor, whose decisions are final and binding in all matters relating to this Giveaway, will conduct a random drawing on or about July 1, 2011 to select the winner of the prize(s) described herein. Odds of winning a prize depend on the number of eligible entries received. If the Sponsor is unable to contact a potential winner within five (5) days from the first notification attempt, or If the Sponsor does not receive any information requested from a potential winner within five (5) days from the initial request for the information, then such potential winner may be disqualified and an alternate winner may be selected. All notification requirements, as well as other requirements within these Official Rules, will be strictly enforced.
- PRIZE(S): One (1) Grand Prize: Five (5) Charlie Banana Reusable Swim Diapers, One (1) Charlie's Soap 80 load of laundry powder, one (1) laundry booster, and one (1) laundry prespray, One (1) Mr. Bar-B-Q Non-Stick Corn Basket, One (1) Silly Souls Sun Cap one (1) Gia™ by Simplisse™ Angled Breastfeeding Pillow and cover, one (1) Tollytots(R) My First Disney Princess Singin' in the Bath Ariel. (Approximate Retail Value ["ARV"] $225). No transfer, substitution or cash equivalent for prizes is allowed, except at Sponsor's sole discretion. Sponsor reserves the right to substitute a prize, in whole or in part, of equal or greater monetary value if a prize cannot be awarded, in whole or in part, as described for any reason. There is a limit of one (1) prize per person/family/household. Any difference between actual market value and ARV will not be awarded. Entrant acknowledges that the Giveaway Entities have neither made, nor are in any manner responsible or liable for, any warranty, representation or guarantee, express or implied, in fact or in law, relative to any prize, including, but not limited to, its quality, mechanical condition or fitness for a particular purpose, except as may be expressly stated by Sponsor in or on the packaging of any products it manufactures. All federal, state or other tax liabilities (including income taxes) arising from each prize awarded in this Giveaway will be the sole responsibility of each official winner. Please allow 4 – 6 weeks for the delivery of prizes.
- DISQUALIFICATION: If an entrant or potential winner is found to be ineligible, or if an entrant or potential winner does not comply with the Official Rules, then such entrant or potential winner may be disqualified. If a prize or prize notification is returned as undeliverable, then the corresponding potential winner may be subject to disqualification. In the event an entrant or potential winner is deemed ineligible or disqualified for any reason under the provisions of these Official Rules, then an alternate winner will be selected via a random drawing.
- PUBLICITY: Except to the extent prohibited by United States law, by participating in the Giveaway, entrant agrees that: (a) Sponsor shall own the entry submitted by the entrant (including all rights embodied therein), and (b) Sponsor and its designees may use, copy, publish, and publicly display all elements of the entrant's entry and the name, address [city and state], biographical information, statements, voice, photograph and other likeness of the entrant provided by entrant, in whole or in part, in any and all media either now or hereafter known, in perpetuity throughout the universe for all purposes (including but not limited to promotional and marketing purposes, and for advertising, publicizing and promoting the Sponsor's products and services, and for use in connection with displays of quotes from the entrant's entry, if applicable), without notification and without attribution or compensation of any kind to entrant or any third party. The Sponsor reserves all rights, including without limitation, the right to reproduce, alter, amend, edit, publish, modify, crop and use each entry in connection with commercials, advertisements and promotions related to the Sponsor, the sales of Sponsor's products and services, the Giveaway and any other sweepstakes, contests or promotions sponsored by Sponsor, in any and all media, now or hereafter known.
- GIVEAWAY CONDITIONS & RELEASE OF LIABILITY: By participating, each person submitting an entry agrees: (a) that, subject to the provisions of Section 10 below, only the laws of the United States shall be applicable to this Giveaway and his/her participation in this Giveaway, (b) to be bound by these Official Rules and any other documents required by Sponsor, and by the decisions of the Sponsor, (c) to participate in the Giveaway in full compliance with each and every provision of these Official Rules, (d) to waive any right to claim ambiguity in this Giveaway, the Official Rules or any other documents required by Sponsor, (e) to indemnify, defend and hold harmless the Giveaway Entities and Facebook, and their respective officers, directors, employees, shareholders, representatives and agents (collectively, the "Released Parties") from any and all liability, claims, losses, damages, demands, causes of action, penalties and expenses arising out of or related to the participant's entry in the Giveaway or any statement, action or failure to act by entrant during or in connection with entrant's participation in the Giveaway, and/or any breach or alleged breach of these Official Rules, or of any other documents required by Sponsor, and, (f) not to sue and to hereby irrevocably and unconditionally release, waive and forever discharge the Released Parties, from any and all liabilities, claims and demands of any kind or nature whatsoever, in law or equity, whether known or unknown, which entrant (or entrant's successors-in-interest, heirs and/or agents) ever had, now have, or in the future may have against the Released Parties, including, but not limited to claims arising out of or related to personal injury (including death) and/or damage, theft, loss or any other harm resulting in whole or in part, directly or indirectly, from participation in the Giveaway or any Giveaway-related activity, the acceptance, possession, misuse or use of the prize(s) and/or the use of any of the rights granted herein (including, without limitation, the use and exploitation of entrant's name, address [city and state], biographical information, statements, voice, photograph and/or other likeness). Sponsor shall not be liable for failure to perform any of its obligations hereunder resulting directly or indirectly from or contributed to by any acts of God, acts of an entrant, acts of civil or military authority, terrorism or terrorist threats, fire, strikes or other labor disputes, accidents, floods, epidemics, war, riot, delays in transportation, lack or inability to obtain materials, components, labor or fuel supplies, or other circumstances beyond the Sponsor's reasonable control, whether similar or dissimilar to the foregoing.
- LIMITATIONS OF LIABILITY: The Giveaway Entities are not responsible for illegible, garbled, corrupted, damaged, lost, late, misdirected, undeliverable or incomplete entries, whether due to system errors, human errors or failures, or faulty transmissions or other telecommunications, or other types of malfunctions or interferences, and/or for online entries not received resulting from any hardware or software failures of any kind, lost or unavailable network connections, or failed, incomplete or garbled computer or telephone transmissions, typographical or system or human errors and failures, or faulty transmissions, or as a result of any other error or problem of any kind relating to or in connection with this Giveaway, whether technical, mechanical, typographical, printing, human or otherwise, including, without limitation, errors or problems which may occur in connection with the administration of the Giveaway, the collection and processing of such entries, the announcement of a prize or in any Giveaway-related materials. Sponsor may prohibit an entrant from participating in the Giveaway or winning a prize if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the Giveaway by cheating, hacking, deception, or other unfair playing practices, or intending to annoy, abuse, threaten or harass any other entrants or Sponsor's representatives. If for any reason any portion of this Giveaway is not capable of running as planned, including, but not limited to, infection by computer virus, bugs, tampering, unauthorized intervention, fraud or any other causes beyond the reasonable control of Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Giveaway, then Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Giveaway and select the potential winner(s) from those eligible entries received up to the time of the cancellation/suspension. CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY GIVEAWAY-RELATED WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE GIVEAWAY MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY'S FEES) FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
- DISPUTES: This Giveaway is subject solely to the applicable federal, state and local laws of the United States; provided, however, that, except where prohibited, entrant agrees that: (a) any and all disputes, claims and causes of action arising out of or connected with this Giveaway or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate Federal or state courts located in Los Angeles, California; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Giveaway, but in no event attorneys' fees; and (c) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, and any and all rights to have damages multiplied or otherwise increased, other than for actual out-of-pocket expenses. 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 Giveaway, shall be governed by, and construed in accordance with, the laws of the State of California without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.
- RULES/WINNERS LIST: You may view the Official Rules for this Giveaway by clicking on the link to the Official Rules found on the Charlie Banana Facebook page during the Giveaway Period. To receive a winners list, send a #10 business-sized, self-addressed, stamped envelope to: Charlie Banana, Unit O, 7/F, Kaiser Estate, Phase III, 11 Hok Yuen Street, Hung Hom, Hong Kong. The return envelope must contain the requesting person's full name and physical address. No post office box addresses or private mail box addresses are allowed. Winners lists requests will not be honored unless you comply with these requirements. Requests must be received by no later than thirty (30) days after the end of the Giveaway Period. Residents of Vermont may omit return postage.
- SPONSOR: Winc Design, Ltd/Charlie Banana., Unit O, 7/F, Kaiser Estate, Phase III, 11 Hok Yuen Street, Hung Hom, Hong Kong
This Giveaway is in no way sponsored, endorsed or administered by, or associated with, Facebook.