This Promotion by JoySuds LLC (“Company”) is intended for viewing and participation in the 50 United States and Washington D.C. only and shall be construed and evaluated according to the laws of the 50 United States and Washington D.C. Please do not enter if you are not a legal resident of, and not located in, the 50 United States or Washington D.C. at time of entry. VOID WHERE PROHIBITED BY LAW.
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING.
1. Entry constitutes your acceptance of these Official Rules and Regulations.
2. Promotion Period: The submission period begins on August 1, 2020 at 12:01:00 AM Eastern Time (“ET”) and ends August 31, 2020 at 11:59:59 PM ET (“Submission Period”), and a Grand Prize judging period which begins September 4, 2020 at 12:01:00 AM ET and ends September 5, 2020 at 11:59:59 PM ET (“Judging Period”). There is one Grand Prize.
3. Who May Participate: This Promotion is only open to legal residents of the 50 United States or Washington, D.C. who are 18 years of age or older at the time of entry.
4. How To Enter The Promotion: During the Submission Period, photos and videos that are posted to the participant’s Facebook page and tagged with @JoySuds and #JoyMessyContest will be entered for consideration in the Promotion for the Grand Prize.
By submitting photos and videos for consideration, you confirm that you have read and accept these Official Rules and Regulations, and you confirm that you are the parent/legal guardian of any minor(s) in the photo. The photo(s) and videos tagged with @JoySuds and #JoyMessyContest are each referred to herein as an “Entry”. Entries are subject to all Entry Requirements set forth herein to be valid; see Rules below for Submission Requirements.
By submitting an Entry, you hereby warrant and represent that your Entry conforms with the Entry Requirements set forth herein.
5. Entry Requirements: The following requirements must be followed for each Entry to be deemed eligible for the Grand Prize:
(i) Entry must be a photo or video.
(ii) You must own all rights, title and interest in and to the Entry and have the right to grant Company an unlimited, perpetual and irrevocable license to use the Entry (including any material embodied in the Entry) for no additional consideration.
(iii) You must be the parent or legal guardian of the child depicted in the Entry.
(iv) The Entry cannot contain the image or likeness of any other individual other than your child or yourself.
(v) Any child included in an Entry must be appropriately clothed (or wearing a diaper). Images of naked children or children in bath tubs will not be eligible or accepted.
(vi)The Entry must be suitable for a family audience and contain only content that, in the sole and unfettered discretion of Company, is suitable for a general audience.
(vii) The child included in an Entry must not be represented by an agent or manager and must not be subject to any guild, union or other organization or agreement that would restrict or prohibit participation in this Promotion.
(viii) The Entry must comply with these Official Rules.
(ix) The Entry must not, in the sole and unfettered discretion of Company, incorporate any elements of entries submitted by other entrants.
(x) The Entry cannot be sexually explicit or suggestive, violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, or contain nudity or any inappropriate content.
(xi) The Entry cannot promote alcohol, illegal drugs, depict gambling references or tobacco use, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message.
(xii) The Entry cannot be obscene or offensive, defamatory, libelous, threatening, harassing, or endorse any form of hate or hate group.
(xiii) The Entry cannot defame, misrepresent or contain disparaging remarks about Company or their products or other people, products or companies.
(xiv) The Entry cannot prominently feature trademarks, logos, copyrighted works, trade dress (such as distinctive packaging or building exteriors/interiors) or any intellectual property owned by others (including but not limited to music, product packaging, photographs, sculptures, paintings and other works of art or images, published on or in websites, television, movies or other media) other than as owned by entrant or as authorized by Company for use by entrants in connection with the Promotion.
(xv) The Entry cannot (in the sole discretion of Company) advertise or promote any brand or product of any kind other than the Company, including, but not limited to, any of Company’s competitors, any of Promotion Entities’ competitors, or contain any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses.
(xvi) The Entry cannot contain materials embodying the name, likenesses, voices or other indicia identifying any other person, living or dead, unless you have express permission from that person to use their likeness and performance in connection with the Promotion;
(xvii) Entries must be created solely by the entrant or entrant must be the sole owner of all copyright and other rights and interests therein.
(xviii)The Entry cannot communicate messages or images inconsistent with the positive images and/or goodwill to which Company wishes to associate.
(xix) The Entry cannot violate any law or otherwise be inappropriate; all as determined by Company in its sole discretion.
6. Company’s Use of Your Entry: By tagging @JoySuds, you give Company and its affiliates and assigns the absolute and irrevocable right to repost and/or use your photo or video for any purpose whatsoever in perpetuity, including on JoySuds’ official Facebook page and for JoySuds’ promotional use on social or other media during and after the promotion, without additional consideration.
7. By submitting an Entry, you represent and warrant to the Company that your Entry does not contravene or infringe on anyone else’s rights, including copyright or other intellectual property, moral rights, privacy or publicity rights, and that he/she is the parent or legal guardian of any child(ren) depicted in their Entry. If requested, you must be able to provide proof in a form acceptable to Company that you are the parent or legal guardian of the child(ren) featured in the Entry.
By submitting an Entry, you agree that your submission is gratuitous and made without restriction, and will not place Company under any obligation, that Company is free to disclose the Entry and the ideas contained in the Entry on a non-confidential basis to anyone or otherwise use the ideas and Entry without any additional compensation to you for any lawful purpose whatsoever. By entering, you acknowledge that Company has no obligation to use or post any Entry you submit. You acknowledge that Company does not waive any rights to use similar or related ideas previously known to Company, or developed by its employees, or obtained from sources other than you.
By submitting an Entry you warrant and represent that the Entry: (a) is your original work, (b) has not won previous awards, (c) does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity; and (d) that publication of the Entry via any media now known or hereinafter developed, including web posting, will not infringe on the rights of any third party. You shall indemnify and hold harmless, Company from any claims to the contrary.
By participating in the Promotion, you agree to indemnify and hold Company harmless from and against any and all claims, demands, actions, causes of action, damages, costs or expenses brought against or suffered or incurred by Company arising out of or in connection with the participation by you in this Promotion, or any breach by you of the foregoing warranties. By participating, you agree to these Official Rules and Regulations, which are final and binding in all respects.
8. Promotion Grand Prize Winner Determination.
Judging Criteria. Entries will be judged based on public vote. Participant with the most ‘likes’ of their photo on JoySuds’ Facebook account will be deemed the winner, as determined in the sole discretion of the by Company.
Grand Prize Judging Period. On September 5, 2020 the photo or video with the most likes on JoySuds’ Facebook page will be deemed the winner as determined in the sole discretion by the Company.
9. Grand Prize (1 available). The Grand Prize winner will receive (1) $1,000 provided in the form of a Visa gift card and (2) a donation of $1,000 in winner’s name to the American Childhood Cancer Organization.
10. Total Value of all Prizes available to be won: $2,000.00
11. How To Claim Your Prize. The potential Grand Prize winner (Potential Winner) will be notified via Facebook with instructions on how to be confirmed as a winner and claim their prize. Once the message is sent, the Potential Winner will have 48 hours to respond. If any winner is at least 18, but considered a minor in his/her state of residence, the prize will be awarded to his/her parent or legal guardian who must sign and return all required documentation outlined herein and otherwise comply with all requirements imposed on winner set forth herein.
If a Potential Winner is found to be ineligible or not in compliance with these Official Rules (as determined by Company), declines to accept a prize, if Company is unable to contact a Potential Winner within five (5) business days, or in the event that a prize notification or any prize is returned undeliverable, such prize may be forfeited at the Company’s sole discretion. Each Potential Winner (or parent/legal guardian where applicable) may be required to furnish proof of identification.
Allow 4-6 weeks for verification and shipment of your prize. Company shall not be held responsible for any delays in awarding a prize for any reason outside of their control. Prizes will only be delivered to verified Winner, as determined by Company. Any unclaimed prize will not be awarded. Company is not responsible for any change of mailing address, email address, and/or telephone number of entrants.
12. Conditions of Entry. By submitting an Entry, you grant, represent and warrant that the you have the rights and authority necessary to grant Company and its affiliates and assigns permission to post the photo on the JoySuds’ Facebook account and on any other media.
13. By entering, entrants (i) acknowledge compliance with these Official Rules and Regulations including all eligibility requirements and, (ii) agree to be bound by all decisions of the Company made in their sole discretion, which shall be final and binding in all matters relating to this Promotion. All issues of interpretation to be decided by Company. Decisions of Company are final and binding in all matters.
14. Company is not responsible for late, lost, damaged, stolen, misdirected, mutilated, garbled, illegible or incomplete submissions of Entries. Proof of transmission (screenshots or captures of Entry, etc.) and/or submission does not constitute proof of delivery. Company’s clock is the official timekeeping device for this Promotion.
15. Company reserves the right to disqualify any entrant’s registration in the Promotion (and void all associated Entries) or entitlement to a prize, if, in the sole discretion of the Company, it determines or suspects that the entrant has attempted to undermine the legitimate operation of the Promotion by cheating, hacking, deception, or other fraudulent, deceptive or unfair entry or playing practices (including any Entries generated by script, macro, robotic, programmed, or any other automated means or any other means which subvert the entry process).
16. If a dispute arises regarding the identity of an entrant, such Entry will be deemed to be submitted by the authorized account holder of the email account corresponding to the Entry and he/she must comply with these Official Rules and Regulations. Each entrant may be required to show proof of being the authorized account holder.
17. As a condition of entering, entrants (or their parent or legal guardian if an eligible minor) agree (and agree to confirm in writing): (a) to release Company and each of their officers, directors, employees and agents, from any and all liability, loss or damage incurred with respect to participating in the Promotion or the awarding, receipt, possession, and/or use or misuse of any prize; (b) to comply with all the rules; (c) that under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses; (d) all causes of action arising out of or connected with this Promotion, or any prize awarded, shall be resolved individually, without resort to any form of class action; and (e) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, and in no event will entrants be entitled to receive attorneys’ fees and court costs.
18. All issues and questions concerning the construction, validity, interpretation and enforceability of the Promotion Official Rules, or the rights and obligations of entrant and Company in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of New York, U.S.A., without regard to New York or any other conflicts of law principles. All entrants consent to the jurisdiction and venue of the federal, state and local courts for New York County, New York.
19. Company reserves the right in its sole discretion to cancel, modify or suspend this Promotion at any time, if fraud, technical failures, including any network server or hardware failure, viruses, bugs, errors in programming, or any other errors or other causes corrupt the administration, security, integrity or proper play of the Promotion. In the event of cancellation, Company reserves the right to select the winner from among all eligible, non-suspect Entries received up to time of such cancellation. In no event will the Company be liable for more than the stated number of prizes available.
20. Company does not warrant that access to the Promotion will be uninterrupted. Company is not responsible for any problems that may arise, including but not limited to; (a) lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet Service Providers, Web sites, Instagram APIs (application programming interfaces), or other connection, availability or accessibility problems arising in connection with or over the course of the Promotion; or (b) communications failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions or hardware or software malfunctions, failures or difficulties; or (c) failure of personal computers and/or software and hardware configurations, any technical malfunctions, failures, or difficulties, printing errors, clerical, typographical or other error in connection with the administration of the Promotion, the processing of Entries, the offering or announcement of any prize or in any prize notification documents; or (d) for any other errors of any kind relating to or in connection with the Promotion, whether human, mechanical, clerical, electronic, or technical in nature; or (e) the incorrect or inaccurate capture of information, or the failure to capture any information in connection with the Promotion; or (f) damage to a user’s computer system occasioned by participation in this Promotion or downloading any information necessary to participate in this Promotion.
21. Any attempt by an entrant or other individual, to deliberately damage any website or undermine the legitimate operation of this Promotion, including but not limited to any fraudulent claims, may be a violation of criminal and civil laws, including criminal prosecution. Should such an attempt be made, Company reserves the right to seek remedies and damages from any such individual, to the fullest extent permitted by law, including criminal prosecution. Any entrant engaging in any of the foregoing activities may be disqualified, will forfeit any prize, and all associated Entries will be void. Entrants who have not complied with these Official Rules are subject to disqualification and all associated Entries will be void.
22. In the event of any conflict with any Promotion details contained in these Official Rules and Regulations and Promotion details contained in Promotion Materials (including but not limited to point of sale, television, and print advertising, promotional packaging, and other promotion media), the details of the Promotion as set forth in these Official Rules and Regulations shall prevail. The Official Rules and Regulations govern over all other communications.
23. The invalidity or unenforceability of any provision of these Official Rules and Regulations shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules and Regulations shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
24. This Promotion is solely sponsored by JoySuds, LLC Greenwich, CT 06831
25. This Promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook.