Oriental Trading Company – Pick Your Favorite Skeleton Giveaway Sweepstakes

Pick Your Favorite Skeleton Giveaway
OFFICIAL RULES
NO PURCHASE IS NECESSARY TO ENTER OR WIN THE GIVEAWAY. A PURCHASE
WILL NOT INCREASE THE CHANCE OF WINNING.
1. ELIGIBILITY AND SPONSOR: The Pick Your Favorite Skeleton Giveaway
(“Giveaway”) is a Giveaway that allow entrants to vote (for fun) for one of sixteen
skeletons. Sixteen Random Prize Winners of the Giveaway will be selected.
2. GIVEAWAY: Entry for the Giveaway is as follows. The Pick Your Favorite Skeleton
Giveaway begins at 12:00 p.m. (CST) on September 16, 2019 and ends at 11:59
a.m. (CST) on September22, 2019. Winners will be randomly selected and will be
announced at the end of the Giveaway period.
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 Contest (“Entrants”). 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 (“Contest Entity”). Employees of Giveaway Entity, its 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.
3. HOW TO ENTER THE GIVEAWAY. THE GIVEAWAY ENTRY MAY BE
SUBMITTED VIA ONLINE OR BY REGULAR MAIL. ONLY ONE ENTRY PER
NATURAL PERSON PER DAY WILL BE ACCEPTED. Via Online – During the
Giveaway Entry Period, Eligible Entrants may go to OTC’s Fun 365 web page
located at the following URL https://www.orientaltrading.com/s3-faith-contest.fltr
The Eligible Entrant will pick a Patriotic table party and then will complete the entry
form located on that page. Via Mail – To enter the Contest by U. S. Mail, hand print
your name, address, city, state, ZIP code, date of birth, email address (optional)
and daytime telephone number on a 3″ X 5″ card, as well as your favorite skeleton
and mail it, in an envelope with postage affixed, to: Pick Your Favorite Skeleton
Giveaway, 5455 South 90th
Street, Omaha, Nebraska 68127 – Attn: Kaelin
Zawilinski. Mail-in entries must be received by OTC by September 22, 2019 in
order to be eligible. Entrants discovered entering under several user names or
otherwise attempting to receive more than one entry per person per day will be
disqualified from the Giveaway. All entries submitted shall become the sole
property of Giveaway Entity and will be neither acknowledged nor returned.
Giveaway Winners will be announced at the conclusion of the Giveaway.
4. ODDS. Odds of winning a prize depend on the number of eligible entries received.
5. WINNER NOTIFICATION. The Giveaway Winners will be notified by phone, email
and/or mail (as determined in the Giveaway Entity’s sole discretion). Giveaway
Entity reserves the right to modify the notification procedures at any time. The
Giveaway Winners will be contacted and will be required to execute waiver and
release forms as provided to them by Giveaway Entity. The Winners have five (5)
days from the date of being contacted by Giveaway Entity to complete and return
all waiver and release forms required before they can receive any prize. Any
Winner who does not complete and return all forms within the specified time period
will not be able to receive a prize. In the event that a Winner does not return the
completed paperwork in its entirety on time, another Entrant may be selected as a
Winner and asked to provide the required waiver and release forms, in Giveaway
Entity’s sole and absolute discretion. The Winner’s name, location, image, likeness
and other information may be announced and posted on Giveaway Entity’s website
page and in Giveaway Entity’s other print and online marketing and advertising
materials.
6. CONTEST PRIZES: Sixteen (16) Prizes: Sixteen Oriental Trading Company
(“OTC”) skeletons for a Total ARV of Giveaway Prizes: $670. Unless restricted
by law, Winner will be required to sign waiver and release forms and return them
to Giveaway Entity as noted in these Official Rules. If the Winner (i) cannot be
reached; (ii) do not respond to Giveaway Entity’s notification; (iii) fail to obtain all
signatures on the releases and to return the documents in a timely manner as
required pursuant to these Official Rules; or (iv) cannot accept or receive the prize
for any reason, they will forfeit the prize. No transfer, or cash or other substitution
of any Prize is allowed, except that Giveaway Entity reserves the right, in Giveaway
Entity’s sole and absolute discretion, to substitute a prize or prize component of
comparable or greater value. Allow seven (7) business days from the date the
Winners are selected for delivery/fulfillment of the Prize to the address provided in
the declaration of eligibility and liability/publicity release form. Giveaway Entity
will not replace any lost or stolen prize or prize component(s) once in the
possession or control of a winner. In no event will expired or lost OTC Gift Cards
be replaced.
7. CONTEST PRIZE CONDITIONS: Winner hereby irrevocably and perpetually
waive 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 Entity to use such Entrant’s photo, name,
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
Entity’s 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.
8. GIVEAWAY CONDITIONS: VOID WHERE PROHIBITED. This Giveaway is
subject to all applicable federal, state and local laws of the United States. By
participating, each Entrant hereby irrevocably and perpetually (a) agree to be fully
and unconditionally bound by these Official Rules and the decisions of the
Giveaway Entity 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 Entity
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 Entity or their affiliates may
rescind any promotion found to contain such errors, without liability, at its sole
discretion. NEITHER GIVEAWAY ENTITY 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 CONTEST ENTITY
ELECTS TO PROVIDE ANY PRIZE RECIPIENT WITH ANY EXPRESS WRITTEN
WARRANTIES). FURTHER, GIVEAWAY ENTITY DOES NOT ACCEPT ANY
ADDITIONAL EXPENSES, OMISSIONS, DELAYS OR ACTS OF ANY
GOVERNMENT OR AUTHORITY.
9. RESTRICTIONS: Giveaway Entity shall not be liable to an 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 Entity’s sole and reasonable
control.
10. LIMITATIONS OF LIABILITY: Giveaway Entity is 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 Entity may prohibit an Entrant from participating in the
Giveaway or receiving any prize if, in Giveaway Entity’s sole discretion, it
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 Entity’s
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 Entity which corrupt or affect the
administration, security, fairness, integrity or proper, safe and fair conduct of the
Giveaway, then Giveaway Entity reserves the right, exercisable at any time in its
sole discretion, to cancel, terminate, modify or suspend all or any part of the
Giveaway. 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, CONTEST ENTITY RESERVES
THE UNRESTRICTED RIGHT, EXERCISABLE AT ANY TIME IN ITS SOLE
DSICRETION, AND WITHOUT WAIVER OF OR LIMITATION ON ANY OF ITS
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 ENTRANT TO THE
FULLEST EXTENT OF THE LAW.
11. 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.
12. PRIVACY POLICY AND TERMS OF USE: All personal information collected by
Giveaway Entity will be used for administration of the Giveaway. In addition,
Entrants may receive mail, catalog or email correspondence from, or on behalf of
the Giveaway Entity or promotional partners, subject to the Giveaway Entity’s
privacy policy. Giveaway Entity uses reasonable commercial efforts to comply with
Federal CAN-SPAM guidelines, and Entrants may subsequently opt-out of
receiving further emails by following the opt-out instructions contained in the email.
Please refer to Giveaway Entity’s privacy policy link located on the Giveaway
website for important information regarding the collection, use and disclosure of
personal information by Giveaway Entity. Any questions regarding privacy matters
should be directed to the address set out below. In additional, information provided
by Entrants may be used by Giveaway Entity to send Entrants marketing and
advertising materials by mail.
13. RULES/WINNERS’ LIST: For a copy of these Official Rules or the name of the
Winners, contact us after September 26, 2019 at giveaways@oriental.com