Dia de los Muertos Kit Sweepstakes
Official Rules and the Terms of Service
NO PURCHASE OR DONATION NECESSARY TO ENTER OR CLAIM PRIZE. NEITHER A PURCHASE NOR DONATION WILL INCREASE YOUR CHANCES OF WINNING.
The “Día de los Muertos Kit Sweepstakes” (the “Sweepstakes”) begins on 10/7/2021 5:08pm PT (the “Sweepstakes Start Date”) and ends on 10/11/2021 11:59pm PT (the “Sweepstakes End Date”, with such period between the Sweepstakes Start Date and Sweepstakes End Date as the “Sweepstakes Entry Period”). All times are measured by Pacific Daylight Time (PDT) in the United States, which is the time in Los Angeles, CA. The Sweepstakes is administered by Poderistas, a 501(c)(3) organization (the “Administrator”), and sponsored by Harness, Inc, a New York corporation.
The Sweepstakes is only open to individuals who are at least thirteen (13) years of age at the time of entry. Entrants under the age of eighteen (18) years (or the majority in their jurisdiction of legal residence) must have the permission of their parent or legal guardian to enter and/or win, and will need to have a parent or legal guardian sign any required documents for winner validation. Entries are limited to individuals only; commercial enterprises and business entities are not eligible. By participating in the Sweepstakes, each participant unconditionally accepts and agrees to comply with and abide by the terms and conditions stated in these official rules (the “Official Rules”) and the Terms of Service (located at www.poderistas.com), which shall be final and binding in all respects, agrees to be bound by the decisions of Administrator, and warrants that she/he is eligible to participate in the Sweepstakes. Employees, independent contractors, officers, and directors of Administrator, and its respective affiliates, subsidiaries, advertising, promotion, and fulfillment agencies, and legal advisors, and their immediate family members and persons living in the same household, are not eligible to participate in the Sweepstakes. The Sweepstakes is subject to all applicable laws and void where prohibited.
HOW TO ENTER
To enter the Sweepstakes, visit the Administrator’s Instagram page during the Sweepstakes Entry Period, and follow the on-screen instructions to enter. All posted instructions must be followed for entry to be valid. Incomplete entries are void.
Each valid entry earns one entry. Proof of submission of an entry is not proof of receipt. Entries will not be acknowledged or returned. No responsibility is assumed by Administrator for illegible, lost, late, damaged, incomplete, misdirected, or stolen entries. Administrator may have similar offers at the same time as this Sweepstakes. Each sweepstakes is separate. Entry into one sweepstakes is not entry into any other sweepstakes.
SELECTION OF WINNER
On or about 10/13/2021 PST (the “Drawing Date”), Administrator will select the potential Sweepstakes winner (“Potential Winner”) in accordance with these Official Rules. The Administrator’s database computer is the official timekeeping device for the Sweepstakes. The Potential Winner will be selected by random drawing from all eligible entries received by the Administrator during the Sweepstakes Entry Period. The Potential Winner will be notified by email and/or by telephone on or about the Drawing Date, using the email address or telephone number provided with the selected entry, and will be conditionally awarded one of the Sweepstakes Prizes (hereinafter defined) subject to verification of eligibility and compliance with the terms and conditions of these Official Rules. If a Potential Winner does not respond within twenty-four (24) hours after the first notification attempt, or if the prize or prize notification is returned as unclaimed or undeliverable to such Potential Winner, such Potential Winner may be disqualified and an alternate Potential Winner may be selected. The notification will include instructions for how to contact the Administrator to provide name, address and other information that may be required to complete validation of eligibility and delivery of a prize. No liability is assumed for any winner notification that is lost, intercepted or not received by a Potential Winner for any reason. At Administrator’s discretion, a background check (“Background Check”) may be performed with respect to the Potential Winner as part of the process to confirm any Potential Winner’s eligibility and compliance with these Official Rules and the Terms of Service, which Background Check such Potential Winner would have to pass in order to receive the prize. By entering the Sweepstakes, entrant agrees to cooperate fully with any such Background Check, and to execute and deliver to Administrator all required authorizations and approvals for said Background Check to be conducted. Failure to cooperate may result in disqualification. If the prize includes the opportunity to meet a celebrity, attend a special event, or participate in any similar activity, or if Administrator intends to publicize the winner in any way, and if a background check reveals that a Potential Winner has engaged in conduct that could damage the reputation or business of Administrator, as determined by Administrator in its discretion, the Potential Winner may be disqualified and the prize may be awarded to an alternate Potential Winner, time permitting.
In the event that a Potential Winner is disqualified for any reason, Administrator may award the applicable prize to an alternate Potential Winner who will be selected by a random drawing from among all remaining eligible entries. The selected Potential Winner must execute all consents as provided by applicable law. Odds of winning a Sweepstakes Prize (hereinafter defined) depend on the number of eligible entries received during the Sweepstakes Entry Period.
VERIFICATION OF POTENTIAL WINNERS (5 in total)
EACH POTENTIAL WINNER IS SUBJECT TO VERIFICATION BY ADMINISTRATOR. ADMINISTRATOR’S DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE ADMINISTRATION, OPERATION, SELECTION OF THE POTENTIAL WINNER AND OTHER MATTERS RELATED TO THE SWEEPSTAKES. AN ENTRANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL ENTRANT’S ELIGIBILITY AND COMPLIANCE WITH THESE OFFICIAL RULES HAVE BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE. Potential Winners may be required to complete and return an Affidavit of Eligibility, Release of Liability and/or Publicity Release in the form(s) provided by Administrator (where permitted by law) (collectively, the “Affidavit”) by the date specified by Administrator, or such Potential Winners will be disqualified and an alternate Potential Winner may be selected. If Potential Winner is a minor in his/her jurisdiction of residence, Administrator reserves the right to award the prize to the Potential Winner’s parent or legal guardian, who must also execute all documents on behalf of the minor. In the event: (a) Potential Winner cannot be reached within 24 hours of initial notification from Administrator, or for whatever reason after a reasonable effort has been exerted, or the Potential Winner notification or Affidavit is returned as unclaimed or undeliverable; (b) Potential Winner declines or cannot accept, receive or use the prize for any reason; (c) of noncompliance with the above or within any of the aforesaid time periods, (d) Potential Winner is found to be ineligible to enter the Sweepstakes or receive the prize, (e) Potential Winner cannot or does not comply with these Official Rules or Terms of Service, or (f) Potential Winner fails to fulfill the Affidavit-related obligations or fails to pass the Background Check in Administrator’s reasonable discretion. Administrator reserves the right to modify the notification and Affidavit procedures in connection with the selection of an alternate Potential Winner, if any. A Potential Winner will be declared the Sweepstakes Winner (as defined below) when all of the conditions described in sections 4 and 5 are fulfilled to the satisfaction of Administrator. In the event of a dispute as to the identity of the entrant, any online entry will be deemed submitted by the authorized account holder of the e-mail account provided to Administrator the time of entry and/or registration, provided such account holder must still meet the eligibility requirements for the Sweepstakes. The authorized account holder shall be the natural person to whom the applicable email address has been assigned by the Internet access provider, service provider, or other online organization responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.
The winners of the Sweepstakes (the “Sweepstakes Winner”) shall receive the following prizes (the “Sweepstakes Prize”):
- Five (5) Sweepstakes Winners will win: One (1) McCormick Día de los Muertos Box, One (1) Poderistas t-shirt and (1) Poderistas candle (Total Approximate Retail Value (“ARV”): $216).
No substitution or transfer of prizes is permitted, prizes cannot be redeemed for cash, and no cash alternative or prize substitution will be allowed except in Administrator’s sole discretion. Administrator is responsible only for prize delivery and not prize utility. Administrator reserves the right to substitute for the listed Sweepstakes Prize, or any portion thereof, one of equal or greater value if any advertised prize becomes unavailable for any reason. Any and all federal, state, and local tax liabilities as a result of acceptance of all or any portion of the Sweepstakes Prize, as well as any other fees, costs and expenses not specified herein as being awarded (including but not limited to all additional meals, beverages, transportation and incidentals), are the sole responsibility of the Sweepstakes Winner.
CONDITIONS AND RELEASES
By participating in the Sweepstakes, each entrant agrees to the full extent allowed by applicable law to: (a) comply with and be bound by these Official Rules and the decisions of Administrator, which are binding and final in all matters relating to this Sweepstakes; (b) defend, indemnify, release and hold harmless the Administrator, and its respective parent, subsidiary, and affiliates and affiliated companies, celebrities, celebrities’ team/employer, partners and any other person and organization responsible for sponsoring, fulfilling, administering, advertising or promoting the Sweepstakes, and all of their respective past and present officers, directors, employees, agents, attorneys and representatives, and their successors and assigns (collectively, the “Released Parties”) from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a participant’s entry, creation of an entry or submission of an entry, participation in the Sweepstakes, acceptance, possession, attendance at, defect in, delivery of, inability to use, use or misuse of Sweepstakes Prize, or any portion thereof (including any activity related thereto) and/or the broadcast, exploitation or use of entry. Sweepstakes Winner acknowledges that all prizes are awarded as-is, without warranty, representation or guarantee, express or implied, in fact or in law of any kind.
Each entrant furth agrees that the Released Parties are not responsible for: (a) any lost, late, incomplete, damaged, inaccurate, stolen, delayed, misdirected, undelivered, or garbled entries; (b) lost, interrupted, or unavailable network, server, Internet Service Provider, website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind, whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the contest, including errors or difficulties that may occur in connection with the administration of the contest, the processing of an entry, or the announcement of the Sweepstakes Winner; (c) any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the contest; injury or damage to any person’s computer, cellular phone, tablet or other electronic device related to or resulting from participating in the Sweepstakes or downloading materials from or use of Administrator’s or Harness Inc.’s websites, social media pages and/or other platforms.
Except where prohibited or restricted by law, Sweepstakes Winner’s acceptance of the Sweepstakes Prize, or any portion thereof, constitutes the Sweepstakes Winner’s agreement, permission and consent for Administrator and any of their designees to use and/or publish Sweepstakes Winner’s and/or Guest’s full name, city and state of residence, photographs or other likenesses, pictures, portraits, video, voice, testimonials, biographical information (in whole or in part), address and/or statements made by Sweepstakes Winner regarding the Sweepstakes or otherwise, worldwide and in perpetuity for any and all purposes, including, but not limited to, advertising, publicity, trade and/or promotion on behalf of Administrator, in any and all forms of media, now known or hereafter devised, including, but not limited to, print, TV, radio, electronic, cable, or World Wide Web, without further limitation, restriction, compensation, notice, review, or approval.
The Released Parties shall not have any obligation or responsibility, including any responsibility to award any prize to entrants, with regard to: (a) entries that contain inaccurate information or do not comply with or violate these Official Rules; (b) entries, prize claims or notifications that are lost, late, incomplete, illegible, unintelligible, damaged or otherwise not received by the intended recipient, in whole or in part, due to computer, human or technical error of any kind; (c) entrants who have committed fraud or deception in entering or participating in the Sweepstakes or claiming the prize; (d) telephone, electronic, hardware, software, network, Internet or computer malfunctions, failures or difficulties; (e) any inability of the Sweepstakes Winner to accept the prize for any reason; (f) if a prize cannot be awarded due to delays or interruptions due to Acts of God, natural disasters, terrorism, weather or any other similar event beyond Administrator’s reasonable control; or (g) any damages, injuries or losses of any kind caused by any prize or resulting from awarding, acceptance, possession, use, misuse, loss or misdirection of any prize or resulting from participating in this Sweepstakes or any promotion or prize related activities. Administrator reserves the right, in its sole discretion, to disqualify any individual it finds to be (x) tampering with the entry process or the operation of the Sweepstakes, or with any website promoting the Sweepstakes; (y) acting in violation of these Official Rules or the Terms of Service; or (z) entering or attempting to enter the Sweepstakes multiple times in violation of these Official Rules or the use of any robotic or automated devices to submit entries. If Administrator determines, in its sole discretion, that technical difficulties, malfunction, error, disruption or damage or other unforeseen events compromise the administration, security, fairness, integrity, proper conduct or viability of the Sweepstakes, Administrator reserves the right to void the entries at issue, and/or terminate the relevant portion of the Sweepstakes, including the entire Sweepstakes, and/or modify the Sweepstakes and/or award the prize from all eligible entries received as of the termination date. Administrator reserves the right to suspend, modify or cancel any Sweepstake or any individual drawing(s) before the scheduled Sweepstakes End Date. In the event a Sweepstakes is cancelled, all entries into such Sweepstakes will be deemed null and void, no winners will be selected and no rewards will be delivered.
LIMITATIONS OF LIABILITY
The Released Parties are not responsible for: (a) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (b) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines, Internet services or network hardware or software; (c) unauthorized human intervention in any part of the entry process or the Sweepstakes; (d) technical or human error in the administration of the Sweepstakes or the processing of entries; or (e) any injury or damage to persons or property that may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes or receipt or use or misuse of any prize by Sweepstakes Winner and Guest. If for any reason an entrant’s registration is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Sweepstakes. No more than the stated number of each prize will be awarded. The Released Parties are not responsible if any prize cannot be awarded or fulfilled due to delays, interruptions due to acts of god, acts of war, natural disasters, weather, or terrorism or other circumstance beyond Released Parties’ control; in the event of such cancellation or unavailability after travel has been booked, the remainder of the trip will be awarded as the complete prize.
Except where prohibited by law, entrant agrees that: (a) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes, or any prizes awarded, shall be resolved individually, without resort to any form of class action; (b) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes, or any prizes awarded, shall be resolved exclusively by the United States District Court or the appropriate California State Court located in Los Angeles County, California; (c) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys’ fees; and (d) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, 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; and (e) entrant’s remedies are limited to a claim for money damages (if any) and entrant irrevocably waives any right to seek injunctive or equitable relief. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant or Administrator in connection with the Sweepstakes, 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. In the event of any conflict between the terms of these Official Rules and the Terms of Service, these Official Rules shall govern.
The first name, last initial, city and state of the winners and a copy of these Official Rules will be available on Poderistas’ Instagram page shortly following the Drawing Date and for ninety (90) days or more thereafter.
ADMINISTRATOR AND SPONSOR
Sponsor: Harness, Inc.
Poderistas is a 501(c)(3) organization, with its principal address at 4640 Admiralty Way 5th Floor, Marina del Rey, CA 90292.
Administrator reserves the right to prosecute and seek damages against any individual who attempts to deliberately undermine the proper operation of the Sweepstakes in violation of these Official Rules and/or criminal and/or civil law.
DATA AND PRIVACY