Rules and Regulations – GloFish® 2017 Sweepstakes
Yorktown Technologies, LP or its affiliates (collectively, “we,” “us” or “our”) may hold drawings for prizes such as GloFish® puzzles, tote bags, aquarium kits etc. (each, a “Sweepstakes”) Such drawings are subject in their entirety to the terms and conditions set forth in the Rules and Regulations.
How to Enter
To qualify, you simply need to “Like”, “Share”, or comment upon the posting(s) that announce the Sweepstakes. For certain Sweepstakes, you may also enter by registering your email to receive the GloFish® newsletter. The precise means of entry will be specified in the Facebook posting announcing the Sweepstakes. You can also send a Message to us via our Facebook page asking to be entered in a particular Sweepstakes.
While we encourage you to “Like” our Facebook page, doing so will not enter you in the Sweepstakes. You must “Like” the posting announcing the Sweepstakes, “Share” the posting announcing the Sweepstakes, comment on that posting or, for certain sweepstakes, register your email for the GloFish newsletter. You may enter the Sweepstakes more than once via a “Like”, “Share”, or a comment on the same post. You are welcome to comment on a post as often as you like but you will only be qualified for the Sweepstakes once for commenting. For certain Sweepstakes, a third entry may be obtained by registering your email for the GloFish newsletter. Individuals under the age of 13 are not allowed to participate in the Sweepstakes via Facebook.
If you enter the Sweepstakes you acknowledge that you:
• completely release Facebook by entering the Sweepstakes
• have read the full Sweepstakes Rules & Regulations posted at www.GloFish.com
• understand the Sweepstakes is in no way sponsored, endorsed or administered by Facebook
How to Opt-Out
Meeting the above criteria, you will be automatically entered in the drawing. If you want to opt out, send an email to email@example.com with a subject line of SWEEPSTAKES OPT OUT. You cannot opt-out by posting a comment to our Facebook page or sending us a Facebook Message.
We are solely responsible for conducting the Sweepstakes and for awarding the prizes. If you have any questions after reading through this, please send an email to firstname.lastname@example.org.
• NO PURCHASE IS NECESSARY TO BE ELIGIBLE FOR THE SWEEPSTAKES
• You are responsible for any costs of participating, including online access charges.
• If you opt out and later decide you want to be entered in the drawing, notify
email@example.com with a Subject line of: RESCIND MY SWEEPSTAKES OPT OUT. If you meet all eligibility requirements, you will be re-entered in the Sweepstakes from the date you notify us.
Sweepstakes Eligibility Requirements
Who is Eligible
- Individuals under the age of thirteen are not eligible to enter the Sweepstakes.
- Individuals thirteen and older, but under the age of eighteen, at the time of entry may enter with their legal guardian’s written permission.
- Our employees and their immediate family members are not eligible.
- Entrants must be U.S. residents
Date of Eligibility
- Participants will become eligible for drawings upon the date on which they “Like” the posting announcing the Sweepstakes, “Share” the posting announcing the Sweepstakes, comment on that posting or the date they register for the GloFish newsletter up to and including 5:00 p.m. Central Time on the day the Sweepstakes ends.
- Prizes will be announced at the time of posting the Sweepstakes and will include, but not be limited to, GloFish® puzzles, tote bags, aquarium kits etc.
- There will be no substitution of prizes.
- Winner shall be responsible for any and all applicable taxes.
- A prize won by a minor will be awarded in the name of the minor’s legal guardian.
Dates of Drawings
- The drawings will take place at 12:00 noon Central Time on the business day following the conclusion of that Sweepstakes, or as soon as commercially reasonable at our discretion.
Selection of Winners
- Winners will be determined by random drawing from all individuals who meet these Sweepstakes Eligibility Requirements.
- An individual can only win ONE (1) Sweepstakes.
- Our determination of the winner is final.
Announcements of Winners
- The names of each winner may be posted to our website at www.GloFish.com and will be posted to our Facebook page no later than seven days after each drawing.
Notification of Winners
- Winner’s names will be posted on our Facebook page for at least seven days unless the winner requests that their name be removed.
- Winners must notify us within thirty days after the announcement of the results to acknowledge that they are accepting the prize.
- We may be reached by email at firstname.lastname@example.org or by Facebook message.
Granting of Sweepstakes Prize
- Sweepstakes prizes will be mailed to the address provided by each winner when notified they have won.
- If you win a Sweepstakes and do not notify us that you are accepting the prize within thirty days, you will forfeit the prize and it will remain our property.
Sweepstakes is void where prohibited. Any Sweepstakes is void where prohibited by applicable federal, state or local law. Subject to any governmental approval that may be required, we reserve the right to, without prior notice and at any time, terminate the Sweepstakes, in whole or in part, or modify Sweepstakes in any way, if we believe that any Sweepstakes violates any law or any factor interfere with its proper legal conduct.
- Odds of winning. The odds of winning any drawing will be determined by the number of eligible entries received.
- Other conditions. Neither we nor any of our agents and representatives, parent companies, affiliates, subsidiaries, advertising, promotion and fulfillment agencies, legal or other advisors are responsible for and will not be liable for (a) telephone, electronic, hardware or software program, network, Internet or computer malfunctions, failures or difficulties of any kind; (b) failed, incomplete, garbled or delayed computer transmissions including, but not limited to, a Member’s ability to update their Profile; (c) any condition caused by events beyond our control that may cause Sweepstakes to be disrupted or corrupted; (e) any injuries losses or damages of any kind arising in connection with or as a result of the Sweepstakes, acceptance, possession or use of the name “GloFish® Sweepstakes”, or from participation in the Sweepstakes; or (f) any printing or typographical error in any material associated with the Sweepstakes.
- Publicity (Permissions). If you win a Sweepstakes, you hereby grant us permission to announce your name as part of our notification to participants. You acknowledge that you will not receive any further compensation for use of this information.
- Publicity (Rights). If you win a Sweepstakes, you hereby grant us the right to publicize photos of you. You will not receive any compensation for use of your image or likeness, and all images will become our property.
- Disclosure of Winner. Winners may be disclosed at www.GloFish.com and will be disclosed on our Facebook page. For a list of winner’s names, send an email to email@example.com. Winner’s names will be provided except where local, state or other laws prevent us from doing so.
- Lost Entries. We are not responsible for late, lost, damaged, or misdirected entries, or any entries that are tampered with, garbled, incomplete, misdirected, lost, mutilated, delayed, corrupted, mechanically duplicated, illegible or otherwise not in compliance with these Rules. We reserve the right to modify or cancel any Sweepstakes in the event that it becomes technically corrupted.
- Indemnification. You agree to release and hold us, our agents and representatives, parent companies, affiliates, subsidiaries, advertising, promotion and fulfillment agencies, legal or other advisors harmless from any and all losses, damages, rights, claims and actions of any kind in connection with the Sweepstakes, including without limitation, personal injury, death and property damage, and claims based on publicity rights, defamation or invasion of privacy.
- Resolution of disputes. Except where prohibited by law, as a condition of participating in this Sweepstakes you agree that (a) any and all disputes and causes of action arising out of or connected with the Sweepstakes or any prizes awarded, shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of the American Arbitration Association and held at the AAA regional office nearest Austin, Texas; (b) the Federal Arbitration Act will govern the interpretation, enforcement and all proceedings at such arbitration; and (c) judgment upon such arbitration award may be entered in any court having jurisdiction. Under no circumstances will you be permitted to obtain awards for, and you hereby waive all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than your actual out-of-pocket expenses, and you further waive all rights to have damages multiplied or increased.
- Choice of law. All issues and questions concerning the construction, validity, interpretation and enforceability of these Rules and Regulations, or your or our rights and obligations in connection with the Sweepstakes, will be governed by, and construed in accordance with, the substantive laws of the State of Texas.
- Fraud. Any individual who is found to have created multiple Facebook profiles and entered the Sweepstakes using multiple identities, or otherwise engaged in fraudulent, misleading or deceptive practices with respect to any Sweepstakes, will be immediately disqualified and no longer eligible for participation in the Sweepstakes in any capacity.
Each Sweepstakes drawing will be monitored and certified by the Chief Financial Officer or Chief Marketing Officer of GloFish®.