PUSHEEN SHOP LAUNCH GIVEAWAY OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.
Please read these Official Rules before entering the Pusheen Shop Gift Card Giveaway (the “Promo-tion”). By submitting an entry, you agree to be bound by these Official Rules and acknowledge that you satisfy all Promotion eligibility requirements.
1. Sponsor. The sponsor of the Promotion is Pusheen Corp. (“Sponsor”), located at 104 Main Street, Park Ridge, Illinois 60068.
2. Eligibility. The Promotion is open to individual legal residents of the 50 United States and the District of Columbia who are at least 18 years of age or the legal age of majority in their location of residence. Sponsor and its parent company, affiliates, distributors, retailers, sales representa-tives, advertising and promotion agencies, and each of their respective officers, directors and employees (collectively, the “Promotion Entities”), and members of Promotion Entities’ immedi-ate families and/or persons living in the same household as such persons, are ineligible to enter the Promotion or win a prize. Final eligibility for the award of any prize may be subject to eligibil-ity verification.
3. Prize(s). One (1) First Prize and five (5) Runners-Up Prizes will be awarded. The First Prize is one (1) 41” Jumbo Pusheen Plush and one (1) five hundred dollar (US $500.00) Pusheen Shop gift card. The Runners-Up Prizes are five (5) fifty dollar (US $50.00) Pusheen Shop gift card. The ap-proximate retail value (“ARV”) of the First Prize is US $900.00. The ARV of each Runners-Up Prize is US $50.00. Total ARV of all prizes is $1150.00. Winners are responsible for paying all costs and expenses related to the prizes that are not specifically mentioned, including, but not limited to, all federal, state and local taxes and any other expenses that might reasonably be incurred by winners in using the prizes. Sponsor reserves the right in its sole and absolute discretion to award a substitute prize of equal or greater value if a prize described in these Official Rules is unavailable or cannot be awarded, in whole or in part, for any reason. The ARV of a prize repre-sents Sponsor’s good faith determination. That determination is final and binding and cannot be appealed. If the actual value of the prize turns out to be less than the stated ARV, the difference will not be awarded in cash, credit, or with an additional prize. Prizes may be subject to certain restrictions, conditions, and limitations on use. No substitution, refund, replacement or transfer of a prize is permitted except by Sponsor.
4. Promotion Period. The Promotion begins on April 2, 2019 at 12:00 AM CT and ends on APRIL 8, 2019 at 11:59 PM CT (the “Promotion Period”).
5. How to Enter. Enter the Promotion during the Promotion Period by visiting the Pusheen Shop website at https://www.pusheen.com/launch-giveaway and follow the instructions to submit an en-try. Limit one (1) entry per person. Any use of robotic, automatic, macro, programmed, or similar automated entry methods will void all entries made by such methods. Any attempt by an entrant to obtain more than the authorized number of entries by using multiple/different email addresses, identities, registrations, logins or any other methods will void all of entrant’s entries and entrant may be disqualified. All entries must be submitted by the end of the Promotion Period. Spon-sor’s database clock will be the official time keeper for the Promotion.
6. Winner Determination. A potential winner of each prize will be selected at random. Winner selec-tion will take place within five (5) days from the close of the Promotion Period from among all el-igible entries received throughout the Promotion Period. Sponsor’s decisions are final and bind-ing. Each potential winner will be notified by email at the email address provided with entry on or about 48 hours after the random drawing. A potential winner must accept a prize as directed by Sponsor within 48 hours of notification. Any winner notification not responded to within 48 hours, or returned as undeliverable, may result in prize forfeiture. In the event of prize forfeiture, Spon-sor reserves the right, in its sole and absolute discretion, to randomly select an alternate eligible entrant from among the remaining eligible entries (in which case the foregoing provisions of this section shall apply to such new potential winner, with the necessary amendments). Each prize winner may be required to sign and return an affidavit of eligibility and release of liability, and a publicity release (unless prohibited by law) (collectively the “Prize Claim Documents”). Failure to complete and/or return Prize Claim Documents may result in prize forfeiture.
7. Odds of Winning. Odds of winning will depend on the number of eligible entries received.
8. General Terms and Conditions. Sponsor reserves the right to disqualify any individual that Sponsor determines, in its sole discretion: (i) tampered with the entry process or the operation of the Promotion or any web site or application associated with the Promotion; (ii) is in violation of the Official Rules; or (iii) acted in a non-sportsmanlike or disruptive manner, or with intent to an-noy, abuse, threaten or harass any other person. In the event of a dispute as to entries submitted by multiple users having the same email account, the authorized subscriber of the email account used to enter the Promotion at the actual time of the entry will be deemed to be the participant and must comply with these Official Rules. Authorized account subscriber is deemed to be the natural person who is assigned an email address by an Internet access provider, online service provider or other organization, which is responsible for assigning email addresses, or the domain associated with the submitted email address.
9. Disclaimer And Limitation Of Liability. Sponsor is not responsible for: (a) lost, misdirected, late, incomplete, or unintelligible entries or for inaccurate entry information, whether caused by you or by any of the equipment or programming associated with or utilized in a Promotion, or by any technical or human error that may occur in the processing of entries; (b) any printing or ty-pographical errors in any materials associated with a Promotion; (c) any error in the operation or transmission, theft, destruction, unauthorized access to, or alteration of, entries, or for technical, network, telephone, computer, hardware or software, malfunctions of any kind, or inaccurate transmission of, or failure to receive any entry information on account of technical problems or traffic congestion on the Internet or at any website; or (d) injury or damage to entrant’s or any other computer or device resulting from downloading any materials in connection with a Promo-tion. IN NO EVENT WILL SPONSOR OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILI-ATES, SUBSIDIARIES, ADVERTISING, PROMOTION, FULFILLMENT, MARKETING AGENCIES, PUBLIC RELATION FIRMS, CONSULTANTS OR CONTRACTORS BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING WITHOUT LIMITATION, EXEM-PLARY, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ATTOR-NEY’S FEES, ARISING OUT OF THIS PROMOTION AND/OR ANY ACCEPTANCE, POSSES-SION, USE, MISUSE OR FAILURE TO USE THE PRIZE AWARDED IN CONNECTION WITH THIS PROMOTION, INCLUDING WITHOUT LIMITATION, PERSONAL INJURY, DEATH AND/OR PROP-ERTY DAMAGE, AS WELL AS ANY CLAIMS BASED ON PUBLICITY RIGHTS OR INVASION OF PRIVACY. IN NO EVENT SHALL SPONSOR’S AGGREGATE LIABILITY FOR CLAIMS ARISING OUT OF THIS PROMOTION EXCEED THE RETAIL VALUE OF THE PRIZE TO BE AWARDED IN CONNECTION WITH THIS PROMOTION.
SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCI-DENTAL OR CONSEQUENTIAL DAMAGES, AND THEREFORE SUCH LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS
10. Disclaimer Of Warranties. SPONSOR MAKES NO WARRANTIES, EXPRESS OR IMPLIED, RE-GARDING THE PROMOTION OR ANY PRIZE, AND TO THE FULLEST EXTENT ALLOWABLE UNDER LAW, FULLY DISCLAIMS ALL SUCH WARRANTIES. WITHOUT LIMITING THE FOREGO-ING, THE PROMOTION AND THE PRIZE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
11. Waiver Of Class Action. EXCEPT WHERE PROHIBITED, AS A CONDITION OF PARTICIPATING IN THIS PROMOTION, ENTRANTS AGREE THAT ANY AND ALL DISPUTES WHICH CANNOT BE RESOLVED BETWEEN OR AMONG THE PARTIES, AND ANY CLAIMS AND CAUSES OF AC-TION ARISING OUT OF OR CONNECTED WITH THIS PROMOTION, THE PRIZES AWARDED, OR THE DETERMINATION OF THE WINNERS, SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION.
12. Privacy Notice. All entrants acknowledge that if they are chosen as a prize winner, certain of their personally identifying information may be disclosed to third parties at least as required by law, including, without limitation, on a winner’s list. All personal information submitted as part of the Promotion may be shared by and between the Promotion Entities, and each of the Promotion Entities will use such information in accordance with their respective independent online privacy policies.
13. Winner’s List. To request a copy of the winners list for the Promotion or a copy of these Official Rules, send the request and a self-addressed, postage-paid envelope to: Pusheen Shop., c/o Pusheen Corp., 104 Main Street, Park Ridge, Illinois 60068. Any such request must be received within ninety (90) days of the closing date of the Promotion Period. Vermont residents may omit return postage with Official Rules requests.
14. Social Media Disclaimer And Release Of Liability. THE PROMOTION IS IN NO WAY SPON-SORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH FACEBOOK, TWITTER, OR INSTAGRAM. ENTRANTS RELEASE FACEBOOK, TWITTER, AND INSTAGRAM FROM ANY LIABILITY FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING WITHOUT LIMITATION, EXEMPLARY, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR AT-TORNEY’S FEES, ARISING OUT OF THIS PROMOTION AND/OR ANY ACCEPTANCE, POS-SESSION, USE, MISUSE OR FAILURE TO USE THE PRIZE AWARDED IN CONNECTION WITH THIS PROMOTION, INCLUDING WITHOUT LIMITATION, PERSONAL INJURY, DEATH AND/OR PROPERTY DAMAGE, AS WELL AS ANY CLAIMS BASED ON PUBLICITY RIGHTS OR INVA-SION OF PRIVACY.