Official Rules for N!CK’S “SMS Box Giveaway” Sweepstakes
N!CK’S and/or its related entities ("N!CK'S” or ''Sponsor”) may occasionally conduct contests, sweepstakes and/or other giveaways (individually and collectively, “Promotion”) on social media/networking websites including but not limited to twitter.com, twitpic.com, tweetphoto.com. facebook.com, pinterest.com, and instagram.com, attentive.com, and nicks.com. Unless specifically noted otherwise by Sponsor, these terms and conditions shall serve as the official rules for any such Promotion conducted by Sponsor. Sponsor may terminate, extend, suspend or alter any Promotion in its sole discretion. No purchase is necessary to enter, the Participant must be a US resident (excluding Hawaii and Alaska), and be at least eighteen (18) years of age at the time of the entry.
- ENTRY: No purchase necessary to participate or win. A purchase will not improve one's chance of winning. Void where prohibited. All federal, state and local taxes apply. You must be a member of the Social Media Site on which the Promotion is being conducted to participate in the Promotion. Entry into any Promotion will only be via the method specified by Sponsor in the Promotion’s offer on the nicks.com website. Unless otherwise specified by Sponsor, you may enter as often as you wish. All entries must include the information requested by Sponsor to be eligible. Only one prize per person, household, email address and/or username will be allowed in any seven (7) day period. All entries must be received within the time period stated by Sponsor during the Promotion’s offer to be eligible to win a prize. Late and/or subsequent entries per person, per household per email address and/or phone number will be disqualified. Sponsor is not responsible for failure to receive an entry for any reason including but not limited to submission and/or transmission failures, technical malfunctions and/or other conditions beyond its reasonable control. Entries generated by script, macro or other automated means are void. All entries become the property of Sponsor and will not be acknowledged or returned. From Tuesday, April 6th, 2021 to Friday, April 30th, 2021, Sponsor will ask participants to post a photo of the request form with the hashtag #iWantNicks to be entered for a chance to win. The contest will be active between Tuesday April 6th 2021 at 2:00pm PST to Friday, April 30th, 2021 at 11:59pm PST. Participants who post a photo to social media with the hashtag #iWantNicks will be eligible to be considered the Winner. The Participants photo with the correct hashtag is required for all submissions for eligibility and entry into the Promotion. The Winner will be chosen from the pool of Participants at random. The Winning Participant will be contacted via the social media account they posted with. The Winning Participant must respond to the social media message from the Sponsor in order to receive their prize. Prizes details will be coordinated with the address provided by the Participant.
- ELIGIBILITY: To participate, you must be a legal US resident (excluding Hawaii and Alaska), eighteen (18) years of age or older at the time of entry. Employees and contractors of N!CK’S, and its sponsors and advertising agencies, and members of the immediate family of any such persons are not eligible to participate and/or win. The term “immediate family” includes spouses, domestic partners, siblings, parents, children, grandparents, grandchildren, or other family extension, and any other persons residing at the same household whether or not related.
- WINNER SELECTION: Sponsor will randomly select one (1) winner Friday, April 30th, 2021. One winner will not be announced. For the names of the winner(s) of a Promotion, please email email@example.com within thirty (30) days following the conclusion of the applicable Promotion.
(a) Unless otherwise specified in the Promotion, winners will be chosen in a random drawing conducted by Sponsor.
(b) If a prize is offered to the first number of likes, posts, follows, and responses, “comments,” etc. (collectively, “Responses”), Sponsor will determine any such winners based on the order in which such Responses are received by Sponsor.
(c) Winners will be notified within five (5) business days following the conclusion of the Promotion the winner will be notified by direct message via the social media channel through which they entered. If a winner does not respond to such notification within five (5) business days and/or does not meet the stated eligibility requirements, such winner will be disqualified and N!CK’S reserves the right to randomly select an alternate winner from the remaining eligible entries received for the applicable Promotion. Winners may be required to sign and return an Affidavit of Eligibility, Liability Release and, where legally permissible, a publicity release and/or provide other personal or tax information. Winners will have five (5) business days to provide all such information and to execute and return the Affidavit of Eligibility, Liability Release and publicity release (if required by N!CK’S). By entering, participants in the Promotion release the Released Parties (defined below) from any claims, losses, injuries or damages of any kind resulting from participation in the Sweepstakes or the use or receipt of any prizes. Potential winners (and guests) are subject to background checks. The failure to comply with the foregoing requirements, or the return of any prize or prize notification as undeliverable may cause the winner to forfeit their prize and N!CK’S reserves the right to select an alternate winner. Sponsor’s decisions concerning selection of winners, as well as all other matters relating to any Promotion, are final and binding. Odds of winning a Promotion will depend on the number of eligible entries received for the applicable Promotion.
- PRIZES: The winner will receive one free box of Nick’s delivered every other month, equivalent to thirty-six (36) free pints of the winners choosing. If the winner does not disclose the flavors desired within twenty-four (24) hours from the original request, the Sponsor has the right to pick the winners prize. The number and value of prizes awarded in any Promotion will vary, but in no event will the total value of any prizes awarded in any Promotion exceed $550. Prizes may not be substituted, transferred or assigned except at Sponsor’s sole discretion. Prize includes only what is specified in the prize description. Sponsor will not consider or fulfill any requests for additional or alternate prizes, including but not limited to requests for additional pints, upgrades and/or alternate shipping.
- LIMITATION ON LIABILITY: ENTRANTS RELEASE, DISCHARGE, AND AGREE TO INDEMNIFY AND HOLD HARMLESS, SPONSOR AND ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS AND REPRESENTATIVES (THE “RELEASED PARTIES”) FROM AND AGAINST ANY LIABILITY FOR ANY DAMAGES, INJURY OR LOSSES (INCLUDING DEATH) TO ANY PERSON, OR PROPERTY, OF ANY KIND RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY FROM ACCEPTANCE, POSSESSION, MISUSE OR USE OF ANY PRIZE OR PARTICIPATION IN ANY SWEEPSTAKES RELATED ACTIVITY OR PARTICIPATION IN ANY PROMOTION CONDUCTED BY SPONSOR.
- GENERAL CONDITIONS: Illegible, unintelligible or incomplete entries or responses will be disqualified. The Released Parties are not responsible for any lost, late, misdirected, stolen or undelivered entries. The Released Parties are not responsible for technical, network, electronic, computer, hardware or software failures of any kind, including any injury or damage to entrant's or any other person's computer related to or resulting from participating in or downloading any materials related to any Promotion. The Released Parties are not responsible for incomplete, garbled or delayed Internet/e-mail computer entries or for any malfunction or technical errors occurring on any Social Media Site on which a Promotion is conducted. In the event that technical or other circumstances compromise a Promotion, N!CK’S reserves the right to cancel, modify or terminate the Promotion, and/or to select winners for prizes from all eligible entries received prior to the cancellation. The Released Parties are not responsible for typographical errors in the Promotion, any Social Media Site or these rules.
- CLAIMS/CHOICE OF LAW: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant in connection with any Promotion, shall be governed by, and construed in accordance with, the laws of the State of California, without regard for conflicts of law doctrine, and all proceedings shall take place in the State of California. All participants who enter a Promotion agree to submit to the exclusive jurisdiction of the courts of the State of California and agree to waive the right to a jury trial with respect to any claim or dispute with regard to any aspect of any Promotion or these Official Rules. Any and all claims, judgments and awards in connection with a Promotion shall be limited to actual out-of-pocket costs incurred in connection with such Promotion but in no event attorneys fees; and under no circumstances will an entrant be permitted to obtain awards for, and entrants hereby waive all rights to claim punitive, incidental and consequential damages and any other damages, other than actual out-of-pocket expenses, and any and hereby waives all rights to have damages multiplied or otherwise increased.
- PUBLICITY/RELEASE: Except where prohibited by law or regulation, by entering and/or accepting a prize you grant N!CK’S permission to use your name, username/online alias, likeness, and statements for any purpose in reference to a Promotion without additional compensation, consideration or consent. Sponsor’s reserves the right to use any Response or Submission in all print and electronic media, and to edit any Response or Submission for brevity and clarity.
- WINNER’S LIST: For the names of the winner(s) of a Promotion, please email firstname.lastname@example.org within thirty (30) days following the conclusion of the applicable Promotion.