Rules

TIKI® BRAND TRICK-OR-TREAT GIVEAWAY OCTOBER 2022 - OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE CHANCES OF WINNING.

In order to enter or win the TIKI® Brand Trick-or-Treat Giveaway (“Giveaway”) you must fully comply with these Official Rules (“Rules”) and, by entering, you represent and warrant that you agree to be bound by these Rules and the decisions of the Sponsor, whose decision shall be binding and final in all respects relating to the Giveaway.

1. Eligibility. The Giveaway is only open to legal residents of, and located in, the 48 contiguous states of the continental United States or the District of Columbia who are at least 21 years of age or older as of the date of the Entry Period. Employees, officers, and directors of Sponsor, or any of Sponsor’s parent companies, affiliates, subsidiaries, partners, advertising, public relations, promotional, and marketing agencies, and members of the immediate families (e.g., spouses, parents, siblings and children, regardless of where they live) of any of the preceding and those living in the same household as any of the preceding (whether or not related) are not eligible to enter or win. Participation constitutes Entrant's full and unconditional agreement to these Rules and to Sponsor’s decisions, which are final and binding in all matters related to the Giveaway. Sponsor reserves the right to verify the eligibility of winners. The Giveaway is void where prohibited and subject to all applicable federal, state and local laws.

2. Entry. The Giveaway commences at 8:00 AM (Eastern Time) on October 10, 2022 and ends at 11:59 PM (Eastern Time) on October 14, 2022 (the “Entry Period”). During the Entry Period, eligible persons (“Entrant”) may enter the Giveaway at www.tikibrand.com/sweepstakes by completing the entry form and agreeing to receive TIKI® Brand marketing email and text messages. Please note standard rates charged by your provider may apply for receiving text messages. After completing the entry form, Entrant may be eligible to receive additional entries by using the links provided on the confirmation screen to complete the following actions: (i) visiting the official TIKI® Brand Products Instagram page; (ii) visiting the official TIKI® Brand Products Facebook page; and/or (iii) referring a friend to the Giveaway. Any attempt to obtain more than one (1) entry by using multiple email accounts, identities, or any other methods by an Entrant to increase the number of entries may disqualify Entrant from the Giveaway. All entries must be submitted and received before the end of the Entry Period.
   
3. More Information.

If entering with a mobile phone or other web-enabled device and using your wireless carrier’s network, standard data charges from your wireless carrier may apply. Check with your wireless service provider for details on these and any other applicable charges. Participants are solely responsible for any such wireless charges.

Entry must comply with these Rules. Sponsor reserves the right, but not the obligation, to review any entry for violation of these Rules and may, at its sole discretion, reject, delete, or otherwise exclude an entry for any reason, including without limitation, if the entry contains any commentary or material which Sponsor, in its sole discretion, deems inappropriate.

4. Odds of Winning. The odds of winning depend on the total number of eligible entries received.

5. Winner Selection and Notification. Two (2) potential winners will be randomly selected by the Sponsor on or about October 17, 2022. Each Entrant is limited to one (1) Prize package. The potential winner will be notified by the Sponsor at the email address that was used for entry. The potential winners have 48 hours to respond to Sponsor’s notification to claim the Prize. Except where prohibited, the winners may be required to complete, sign and return to Sponsor an Affidavit of Eligibility, Release of Liability and Publicity Release in a form to be provided by Sponsor (collectively, the “Affidavit”) within the time period or by the date specified in Sponsor’s notification or an alternate winner(s) may be selected. In the event: (a) a potential winner cannot be contacted for whatever reason or fails to respond to the notification within the required time period, (b) a potential winner rejects or is ineligible for the Prize, or (c) of noncompliance with the Rules, the potential winner shall be disqualified from the Giveaway and an alternate potential winner may be selected, at Sponsor’s sole discretion.

6. Prize. Sponsor will award two (2) prize packages (each, a “Prize”). Each Prize to be awarded is:

The Prize cannot be substituted, assigned, transferred, or redeemed for cash. Sponsor, in its sole discretion, reserves the right to make Prize substitutions of equal or greater value. Any portion of the Prize not accepted or unclaimed and/or unused by a winner will be forfeited and will not be substituted. In the case of a winner’s forfeiture of the Prize, Sponsor may select an alternate winner. Winner is responsible for the reporting and payment of all applicable federal, state and local taxes (including income taxes) associated with the Prize and will, and hereby does, hold Sponsor harmless from liability for failure to timely report and/or pay such taxes.

7.  General Terms; Right to Cancel, Modify. Sponsor and its subsidiaries, affiliates, parent company, representatives, agents, successors, assigns, employees, officers and directors 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 the 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, including but not limited to, inactive email accounts or Entrant’s failure to monitor his/her account; (c) Entrants who have committed fraud or deception in entering or participating in the Giveaway or claiming the Prize; (d) telephone, electronic, hardware, software, network, internet or computer malfunctions, failures or difficulties; (e) any inability of the winner to accept the Prize for any reason; (f) if a Prize cannot be awarded due to delays or interruptions due to force majeure, natural disasters, terrorism, weather or any other similar event beyond Sponsor'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 promotion or any promotion or Prize related activities. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be (i) tampering with the entry process or the operation of the Giveaway, or with any website promoting the Giveaway; (ii) acting in violation of the Rules; or (iii) entering or attempting to enter the Giveaway multiple times through the use of multiple accounts or identities or the use of any robotic or automated devices to submit entries. If Sponsor determines, in its sole discretion, that technical difficulties or unforeseen events compromise the integrity or viability of the Giveaway, Sponsor reserves the right to void the entries at issue, and/or terminate the relevant portion of the Giveaway promotion, including the entire Giveaway promotion, and/or modify the Giveaway and/or conduct a random drawing to award the Prize using all eligible entries received before the end of the Entry Period.

Publicity Releases. Entrants may not issue press releases or other publicity in connection with their participation in the Giveaway without the consent of Sponsor. Except where prohibited or restricted by law, the winner’s acceptance of the Prize constitutes the winner’s agreement and consent for Sponsor to use and/or publish winner’s entry photo and winner’s full name, city and state of residence, photographs or other likenesses, pictures, portraits, voice, testimonials, biographical information (in whole or in part), and/or statements made by the winner regarding the Giveaway or Sponsor, worldwide and in perpetuity for any and all purposes, including, but not limited to, advertising, trade and/or promotion on behalf of Sponsor, in any and all forms of media worldwide, now known or hereafter devised, including, but not limited to, print, TV, radio, electronic, cable, internet, and social media without further limitation, restriction, compensation, notice, review, or approval.

Winners’ List. To obtain a copy of any legally-required winners’ list, mail a self-addressed stamped envelope within 60 days after the expiration of the Entry Period to: Lamplight Farms Incorporated, Attn: TIKI Brand October 2022 Giveaway, W140 N4900 Lilly Rd, Menomonee Falls, WI 53051.

1. Release of Liability. By participating in the Giveaway, Entrants and winners agree to release and hold harmless Sponsor, Instagram, and Facebook and their respective subsidiaries, affiliates, parent company, representatives, agents, successors, assigns, employees, officers and directors (the “Released Parties”), from any and all liability, for loss, harm, damage, injury, cost or expense whatsoever, including without limitation, property damage, personal injury (including emotional distress), and/or death, which may occur in connection with, preparation for, or participation in, the Giveaway, or possession, acceptance and/or use or misuse of the Prize or participation in any Giveaway-related or Prize-related activity and for any claims or causes of action based on publicity rights, intellectual property infringement, defamation or invasion of privacy and merchandise delivery. The Released Parties assume no responsibility for any injury or damage to Entrants or to any other person’s computer, regardless of how caused, relating to or resulting from entering or downloading materials or software in connection with the Giveaway.
2. Use of Personal Information. By entering the Giveaway, Entrants will be sharing their personal information with Sponsor. Personal information collected by Sponsor will be used for administration of the Giveaway and in connection with other promotional activities by Sponsor. In addition, by entering, Entrants agree to Sponsor’s use of Entrant’s personal information as described in its privacy policy at https://www.tikibrand.com/customer-service/privacy-notice (TIKI® Brand). Please refer to Sponsor’s privacy policy for important information regarding the collection, use and disclosure of personal information by Sponsor. All Entries become the property of Sponsor upon receipt and will not be acknowledged or returned. The Giveaway is also subject to service provider terms of service, including those located at https://www.viralsweep.com/terms and its privacy policy.
3. Warranties and Consents. By completing and submitting an entry, you: (a) represent and warrant that (i) you have read and agreed to be bound by these Rules, (ii) based on the Rules, you are eligible to participate in the Giveaway, and (iii) all of the information provided on the entry is accurate, does not violate any third party’s legal rights (including without limitation rights of privacy and publicity), and otherwise does not violate applicable law; (b) consent to the use of your name and/or likeness by Sponsor for promotional purposes (whether online, in print or through any other media now known or hereafter developed), without additional compensation or authorization unless prohibited by law; and (c) agree to be bound by the interpretations of these Rules by Sponsor, which are final in all matters relating to the Giveaway.
4. DISCLAIMER OF WARRANTIES. SPONSOR IS PROVIDING THE GIVEAWAY ON AN “AS IS” AND “AS AVAILABLE” BASIS. SPONSOR DOES NOT REPRESENT OR WARRANT THAT THE GIVEAWAY OR THE TECHNOLOGY USED TO PROVIDE IT: (I) WILL BE UNINTERRUPTED OR SECURE, (II) WILL BE FREE OF DEFECTS, INACCURACIES OR ERRORS, OR (III) WILL MEET YOUR REQUIREMENTS OR ENABLE YOU TO PARTICIPATE IN IT. SPONSOR MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE RULES, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT. Entrants and winners further acknowledge that Sponsor has neither made nor is in any manner responsible or liable for any warranty, representations or guarantees, express or implied, in fact or in law, relative to any Prize or any component thereof.
5. Waiver. No failure or delay by a party in exercising any right, power, or privilege under these Rules will operate as a waiver thereof. No waiver of any provision of these Rules, or any rights or obligations of either party under these Rules, shall be effective, except pursuant to a written instrument signed by the party waiving compliance, and any such waiver shall be effective only in the specific instance and for the specific purpose stated in such writing.
6. Instagram; Facebook. This Giveaway is in no way sponsored, endorsed or administered by, or associated with Instagram or Facebook. Neither Instagram nor Facebook are responsible for selecting the winners or prize delivery. By participating via Instagram or Facebook platforms, Entrants are subject to and agree to Instagram’s and Facebook’s terms of use and data policy.
7. Governing Law; Forum Selection. All issues and questions concerning the construction, validity, interpretation and enforceability of the Rules, or the rights and obligations of Entrant or Sponsor in connection with the Giveaway, shall be governed by, and construed in accordance with, the laws of the State of Wisconsin, without giving effect to any choice of law or conflict of law rules. Entrants hereby irrevocably consent to the personal jurisdiction of the appropriate state or federal court having jurisdiction over the subject matter located in Waukesha County, WI and waive any claim of forum non conveniens or lack of personal jurisdiction that they may have (“Forum”). To the fullest extent permitted by law, Entrants further agree to bring any action exclusively in the Forum and waive any right of all damages on relief other than his/her actual out-of-pocket costs in participating in the Giveaway (if any).

Sponsor. The Giveaway is sponsored by Lamplight Farms Incorporated (TIKI® Brand), W140 N4900 Lilly Rd, Menomonee Falls, WI 53051 (“Sponsor”).