NO PURCHASE IS NECESSARY TO ENTER OR WIN THE GIVEAWAY. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING.
- GIVEAWAY: The “Oriental Trading Company Spooktacular Giveaway” (“Giveaway”) begins at 10:00 a.m. Eastern Time (“ET”) on August 25, 2013 and ends at 11:59 p.m. (ET) on October 19, 2013. The Giveaway consists of a series of consecutive but separate daily and weekly Giveaways (“Giveaway Periods”). The first weekly $500 Giveaway Period begins at 10 a.m. (ET) on August 25, 2013 and ends at 11:59 p.m. (ET) on August 31, 2013; the next $500 Giveaway Period begins at 12:00 a.m. (ET) on September 1, 2013 and ends at 11:59 p.m. (ET) on September 7, 2013 and so on until the last Giveaway that ends at 11:59 p.m. (ET) on October 19, 2013. The first daily $25 Giveaway Period begins at 10 a.m. (ET) on August 25, 2013 and ends at 11:59 p.m. (ET) on August 25, 2013; the next daily $25 Giveaway begins at 12:00 a.m. (ET) on August 26, 2013 and ends at 11:59 p.m. (ET) on August 26, 2013 and so on until the last daily $25 Giveaway ends at 11:59 p.m. on October 19, 2013.
- ELIGIBILITY: The Giveaway is open to lawful permanent U.S. residents of the 50 U.S. states and the District of Columbia who are of the age of majority in their home state as of the start date of the Giveaway (“Entrants” and/or “Contestants”). The Giveaway is void in Puerto Rico, the U.S. Virgin Islands, U.S. Military installations in foreign countries, all other U.S. territories and possessions, and wherever else restricted or prohibited by law. The Giveaway is sponsored by Oriental Trading Company, Inc., 5455 South 90th Street, Omaha, NE 68127 (“OTC”). Employees of Giveaway Entities, their parents and subsidiaries, advertising and promotion agencies and all other entities participating in the design, promotion, marketing, advertising, administration or fulfillment of this Giveaway and their immediate families are ineligible to participate in this Giveaway.
- HOW TO ENTER THE GIVEAWAY PERIODS. ONLY ONE ENTRY PER HOUSEHOLD PER DAY WILL BE ACCEPTED. During the Giveaway Period, log on to OTC’s website located at www.spooktaculargiveaway.com and complete the entry form. You must complete the entry form in order to be eligible to win. Online registrants and regular mail registrants will also have the opportunity to “refer a friend” and receive up to one additional entry per applicable Giveaway Period. Persons discovered entering under several user names or otherwise attempting to receive more than the allowed number of entries will be disqualified from the Giveaway. Via Mail – To enter by U. S. Mail and get the additional “refer a friend” entry, hand print your name, address, city, state, ZIP code, email address (optional) and daytime telephone number on a 3” X 5” card, and mail it, in an envelope with postage affixed, to: 2013 Spooktacular Giveaway, 5455 South 90th Street, Omaha, Nebraska 68127 – Attn: Stephanie Dunford. All entries must be received by a particular Giveaway Period’s deadline according to the computer time on OTC’s server in order to be eligible for that Weekly Giveaway. All entries submitted shall become the sole property of Giveaway Entities and will be neither acknowledged nor returned. Entries for a particular Giveaway Period do not carry over to another Giveaway Period.
- GIVEAWAY PERIOD SELECTION AND NOTIFICATION: During each Giveaway Period, one (1) selected entrant (“Selected Entrant”) will be selected randomly to win the Prize for that Giveaway Period. One Alternative Entrant will be selected as well who will be the winner of the Prize for that Giveaway Period if the Selected Entrant is determined to be ineligible or does not complete the necessary affidavit and release forms in time as required by these rules. Selected Entrants will be notified by phone and/or email within three (3) business days after selection if they have won a Prize. Entrants may only enter once per each Giveaway Period and an entrant may only win once over the course of the Giveaway. Entries do not carry over to the next Giveaway Period. If you are a winner, you will be contacted by OTC to begin the process to claim your Prize. OTC reserves the right to require Selected Entrants to show verifiable proof of identity and entitlement to win, including proof of age and/or proof of address. In addition, Selected Entrants will need to sign an affidavit of eligibility and publicity release in order to claim their Prize. That affidavit and release shall be signed and returned to OTC within THREE (3) business days after receiving it from OTC. In the event that OTC believes, in its sole discretion, that any entrant is gaming the promotion through the use of automated processes or other methods, such that it affects the fair play of the Giveaway, OTC reserves the right to disqualify entrant. In the event of a dispute about the identity of any Giveaway Entrant, each entry will be declared made by the authorized account holder of the e-mail address submitted at time of entry. The authorized account holder is defined as the natural person who is assigned to an e-mail address by an Internet Service Provider, online access provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted email address. In this regard, the Selected Entrants may be required to provide proof that she or he is the authorized account holder of the e-mail address associated with the Giveaway entry selected in order to receive a Prize.
- ODDS. Odds of winning a Prize depend on the number of eligible entries received.
- WEEKLY GIVEAWAY PRIZES: One (1) Prize in the form of $500 worth of OTC product at Retail Value for a total weekly Giveaway Period value of $500 will be awarded each weekly Giveaway Period (“Prize”), for a total of EIGHT (8) Giveaway Prizes (“Giveaway Prizes”). The approximate retail value of the Prize is $500, subject to OTC Product terms and conditions. No transfer, or cash or other substitution of Prizes is allowed, except that Giveaway Entities reserve the right, in their sole and absolute discretion, to substitute a Prize or Prize component of comparable or greater value. Prize will be delivered within seven (7) business days after eligibility is confirmed and OTC has received back from the winner the required affidavit and release form. Giveaway Entities will not replace any lost or stolen Prize once in the possession or control of the Prize recipient. Total ARV of Giveaway Prizes: $4,000.
- DAILY GIVEAWAY PRIZES: One (1) Prize in the form of a $25 OTC Gift Card for a total daily Giveaway Period value of $25 will be awarded each daily Giveaway Period (“Prize”), for a total of FIFTY SIX (56) Giveaway Prizes (“Giveaway Prizes”). The approximate retail value of the Prize is $25, subject to OTC Gift Card terms and conditions. No transfer, or cash or other substitution of Prizes is allowed, except that Giveaway Entities reserve the right, in their sole and absolute discretion, to substitute a Prize or Prize component of comparable or greater value. Prize will be delivered within seven (7) business days after eligibility is confirmed and OTC has received back from the winner the required affidavit and release form. Giveaway Entities will not replace any lost or stolen Prize once in the possession or control of the Prize recipient. Total ARV of Giveaway Prizes: $1,400.
- GIVEAWAY PRIZE CONDITIONS: Each Giveaway Entrant hereby irrevocably and perpetually waives the right to assert as a cost of receiving any Prize any and all costs of verification and redemption to redeem such Prize and any liability which might arise from redeeming or seeking to redeem such Prize. All applicable federal, state, local or other tax liabilities (including income taxes) arising from this Giveaway will be the sole responsibility of the Prize recipients. Except where prohibited by applicable law, regulation, rule or order, the entry and acceptance of any Prize constitutes permission to Giveaway Entities to use such person’s Submission, name, photograph, likeness (including non-photographic and simulated), statements, biographical information, voice, and city and state address for any and all promotional or advertising purposes in connection with this Giveaway and/or the Giveaway Entities’ business operations and product/service offerings, on a worldwide basis and in all forms of media, now or hereafter known, in perpetuity, without review, permission or further compensation of any amount or kind whatsoever. All Giveaway entries are subject to verification prior to awarding of any Prize. Eligibility, age, and any and all other claims shall be subject to verification prior to the actual awarding of a Prize.
- GIVEAWAY CONDITIONS: VOID WHERE PROHIBITED. This Giveaway is subject to all applicable federal, state and local laws of the United States. By participating, each Giveaway Entrant hereby irrevocably and perpetually (a) agrees to be fully and unconditionally bound by these Official Rules and the decisions of the Giveaway Entities and (b) waives any right to claim ambiguity in the Giveaway or these Official Rules. Each Giveaway Entrant hereby irrevocably and perpetually agrees to release, discharge, indemnify and hold harmless the Giveaway Entities and each of their respective officers, directors, employees, shareholders, attorneys, representatives and agents from and against any and all claims, judgments, damages, losses, disability, attorneys’ fees, and costs of litigation and settlement, as well as any liability due to any injuries, damages or losses to any person (including death) or property of any kind resulting in whole or in part, directly or indirectly, from (i) redemption, acceptance, possession, ownership, misuse or use of any prize or participation in any Giveaway-related activity or participation in this Giveaway, or (ii) printing, distribution, production or mailing/e-mailing/communication/transmission errors. Giveaway Entities or their affiliates may rescind any promotion found to contain such errors, without liability, at its sole discretion. NEITHER GIVEAWAY ENTITIES NOR THEIR REPRESENTATIVES MAKE ANY WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO THE USE OF ANY PRIZE, INCLUDING, WITHOUT LIMITATION, QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (UNLESS GIVEAWAY ENTITIES ELECT TO PROVIDE ANY PRIZE RECIPIENT WITH ANY EXPRESS WRITTEN WARRANTIES). FURTHER, NEITHER SPONSOR NOR THE GIVEAWAY ENTITIES ACCEPT ANY ADDITIONAL EXPENSES, OMISSIONS, DELAYS OR ACTS OF ANY GOVERNMENT OR AUTHORITY.
- RESTRICTIONS: Giveaway Entities shall not be liable to Selected Entrant for failure to supply a prize or any part thereof, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulations(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other similar or dissimilar cause beyond Giveaway Entities’ sole and reasonable control.
- LIMITATIONS OF LIABILITY: Giveaway Entities are not responsible for: (a) lost, late, misdirected, undeliverable, incomplete or indecipherable entries due to system errors or failures, or faulty transmissions or other telecommunications malfunctions and/or entries; (b) technical failures of any kinds; (c) failures of any of the equipment or programming associated with or utilized in the Giveaway; (d) unauthorized human and/or mechanical intervention in any part of the entry process or the Giveaway; (e) technical or human error which may occur in the administration of the Giveaway or the processing of entries; or (f) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from any Entrant’s participation in the Giveaway or receipt or use of any prize. Giveaway Entities may prohibit an Entrant from participating in the Giveaway or receiving any prize if, in Giveaway Entities’ sole discretion, Giveaway Entities determines that such Entrant is attempting to undermine the legitimate operation of the Giveaway by cheating, hacking, deception, or other unsafe or unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other Entrants or Giveaway Entities’ representatives. If for any reason 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 similar or dissimilar causes beyond the sole and reasonable control of Giveaway Entities which corrupt or affect the administration, security, fairness, integrity or proper, safe and fair conduct of the Giveaway, then Giveaway Entities reserve the right, exercisable at any time in Giveaway Entities’ sole discretion, to cancel, terminate, modify or suspend all or any part of the Giveaway and to select the Selected Entrant by means of a random drawing from among all eligible Giveaway entries received by Giveaway Entities up until the time of such cancellation, termination, modification or suspension, as applicable. Giveaway Entities reserve the right to change or modify these rules at any time in their discretion. CAUTION: ANY ATTEMPT BY ANY ENTRANT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE GIVEAWAY MAY BE IN VIOLATION OF CRIMINAL AND/OR CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, GIVEAWAY ENTITIES RESERVE THE UNRESTRICTED RIGHT, EXERCISABLE AT ANY TIME IN GIVEAWAY ENTITIES’ SOLE DSICRETION, AND WITHOUT WAIVER OF OR LIMITATION ON ANY OF GIVEAWAY ENTITIES’ OTHER AVAILABLE LEGAL AND/OR EQUITABLE RIGHTS AND REMEDIES, TO SEEK CIVIL AND/OR CRIMINAL PROSECUTION AND DAMAGES (INCLUDING ATTORNEYS’ FEES) FROM AND AGAINST ANY SUCH CONTESTANT TO THE FULLEST EXTENT OF THE LAW.
- DISPUTES: Except where prohibited, Entrant agrees that: (1) 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 United States District Court for the District of Nebraska or the Nebraska District Court located in Douglas County, Nebraska; (2) 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 (3) under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim, indirect, 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 Giveaway, shall be governed by, and construed in accordance with, the laws of the State of Nebraska without giving effect to any choice of law or conflict of law rules (whether of the State of Nebraska or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Nebraska.
- RULES/WINNERS’ LIST: For a copy of these Official Rules or the name of Selected Entrants, contact us after November 10th, 2013 at firstname.lastname@example.org or call 402-829-4963.