Tattoo Sweepstakes (“Sweepstakes") Official Sweepstakes Rules
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. OPEN TO NATURAL PERSONS WHO ARE LEGAL RESIDENTS OF THE UNITED STATES AND THE DISTRICT OF COLUMBIA (EXCLUDING RESIDENTS OF PUERTO RICO, AND ALL US TERRITORIES AND POSSESSIONS), WHO ARE EIGHTEEN (18) YEARS OF AGE OR OLDER AT THE TIME OF ENTRY AND WHO MEET THE ELIGIBILITY REQUIREMENTS SET FORTH BELOW. THIS SWEEPSTAKES IS FOR ENTRY IN THE UNITED STATES ONLY AND WILL BE CONSTRUED AND INTERPRETED UNDER THE LAWS OF THE UNITED STATES. DO NOT ENTER IF YOU ARE NOT ELIGIBLE AND LOCATED IN THE UNITED STATES AT THE TIME OF ENTRY. THIS SWEEPSTAKES IS VOID IN ALL US TERRITORIES AND POSSESSIONS AS WELL AS WHERE PROHIBITED OR RESTRICTED BY LAW OR REGULATIONS. ALL FEDERAL, STATE AND LOCAL REGULATIONS APPLY.
1. General Rules:
By entering this Sweepstakes, entrants accept and agree to be bound by these Official Rules. Any violation of these rules may result in disqualification. Entrants understand and agree that no confidential or fiduciary relationship is established by entering the Sweepstakes hereunder and nothing in these Official Rules shall be deemed to place Sponsor in any different position from anyone else that has not entered the Sweepstakes. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Should the Sweepstakes be terminated prior to the stated expiration date, notice will be posted at www.madrabbit.com.
No purchase is necessary to enter or win. Open to legal United States and District of Columbia residents (of such jurisdictions where the Sweepstakes is lawfully offered but excluding residents of Puerto Rico, and all US territories and possessions), eighteen (18) years of age or older as of the date of entry. If you are entering the Sweepstakes from a mobile device, you may be required to turn on location services on your mobile device. Message and data rates may apply. All charges are billed by and payable to your mobile service provider. Sponsor does not charge for receiving text messages.
Officers, directors, managers, and employees of Sponsor, and each of its respective parents, subsidiaries, affiliates and related companies and their respective advertising and promotion agencies, consultants and agents, as well as immediate family members (husband, wife, children, mother, father, sister, sister in-law, brother or brother in-law) and/or those living in the same household of each such person, and any others engaged in the development, production, execution or distribution of this Sweepstakes, including contracts, are not eligible to participate.
THIS SWEEPSTAKES IS VOID WHERE PROHIBITED BY LOCAL, STATE OR FEDERAL LAWS. These are the Official Rules. This Sweepstakes is subject to all applicable Federal and applicable State laws of the United States and the District of Columbia and are subject to change without notice in order to comply with them. Sponsor reserves the right to verify eligibility at any time.
Only one entry per person during the Sweepstakes Period. Only one prize per household. Sponsor reserves the right in its sole and unfettered discretion to disqualify any individual who does not meet the eligibility requirements or comply with any other provisions of these Official Rules. In addition, Sponsor reserves the right to disqualify any entry that is deemed in Sponsor’s sole discretion to violate these Official Rules. All such decisions will be final.
3. Sweepstakes Period:
The Sweepstakes begins 5/15/2021 at 8 p.m. Eastern Standard Time and ends 5/17/2021 at 9 p.m. Eastern Standard Time (“Sweepstakes Period”). Sponsor’s clock shall be the official clock of the Sweepstakes. Sponsor reserves the right to terminate the Sweepstakes Period at any time with or without notice to eligible entrants.
4. To Enter:
[Register or already be registered for the Mad Rabbit newsletter. Registration is free and no purchase is necessary to enter or win. Entries must be completed through the Sweepstakes online registration page only.] Entries via the Sweepstakes registration page must be received during Sweepstakes Period to be eligible.
Use of any robotic, repetitive, programmed, or automated systems or similar entry methods or agents (including, but not limited to, sweepstakes or contest entry services) to enter Sweepstakes is prohibited and will result in disqualification. In the case of a dispute of the owner of an online entry, the authorized account holder of the email address used to register will be deemed to be the entrant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider, Internet service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Potential winner may be required to show proof of being the authorized account holder. All entries become the exclusive property of Sponsor and will not be acknowledged or returned.
On or about 5/18/2021, a random drawing from all eligible entries received during the Sweepstakes Period will be conducted to select one (1) potential winner using randomization methods selected in Sponsor’s sole discretion. Odds of winning depend on the number of eligible entries received. All decisions are final and binding.
The following is a description of the prize(s) to be awarded to the potential winner: $1,000 will be awarded via Paypal to the winner to use on a tattoo of their choice by an artist of their choice. Any valuation of the prize(s) stated herein is based on available information provided to Sponsor and the value of any prize(s) awarded to a winner may be reported for tax purposes and as required by law. Lost or stolen prize(s) will not be replaced. Any portion of the prize(s) that is not used is forfeited. Prize(s) are non-transferable, are not redeemable for cash, and may not be given, bartered or sold. There are no cash or prize substitutes. Sponsor reserves the right to substitute the prize(s) for one of equal or greater value if the designated prize(s) should become unavailable for any reason. The prize(s) cannot be used in conjunction with any other promotion or offer. Winner agrees to accept the prize(s) “as is”, and both winner and entrants hereby acknowledge that Sponsor has neither made nor is in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to the prize, including express warranties (if any) provided exclusively by a prize supplier that are sent along with the prize(s).
Incidental expenses and all other costs and expenses, which are not specifically listed as part of the prize(s) in these Official Rules and which may be associated with the award, acceptance, receipt and use of all or any portion of the awarded prize(s), are solely the responsibility of the respective prize winner. Sponsor will determine all details and other restrictions of the prize(s) not specified in these Official Rules, in its sole discretion. The prize(s) will be delivered only to an address in the United States. All federal, state and/or local income and other taxes, if any, associated with the receipt of use of any prize(s) are the respective prize winner's sole responsibility. Valid taxpayer ID or Social Security number may be required from the respective prize winner when accepting the prize(s). An IRS1099 form or other applicable tax form may be issued to the respective prize winner. The prize(s) shall not be awarded until all such properly executed and forms are returned within the time allotted in these Official Rules.
Potential winner(s) need not be present to win and Sponsor will attempt to notify such potential winner by email. In the event that more than one individual responds to any single potential winner notification and claims to be the entrant who made the selected entry, Sponsor reserves the right, in its sole discretion, to disqualify the entry associated with the email account used to make the entry. Potential winner will be required to sign Affidavit of Eligibility; Release and Indemnification and complete a W-9 Form (collectively, the “Prize Claim Documents”) to be awarded the prize(s). Prize(s) must be claimed no later than 6/18/2021 - NOTE: As a best practice, we should allow winner at least thirty (30) days to collect prize before selecting alternate winner, if practical]. If the prize(s) is not claimed within such time, winner fails to meet eligibility requirements or does not sign the Prize Claim Documents, then such potential winner forfeits all rights to win the Sweepstakes and receive the prizes and an alternate potential winner will be selected on or about 5/20/2021. Sponsor is not responsible for any messages not received by the potential winner, or for suspended or discontinued Internet service that may result in potential winners not receiving the prize notification.
6. Limitation of Liability:
Sponsor will conduct the Sweepstakes substantially as described in these rules. However, Sponsor shall retain the right to abbreviate, extend, modify, or cancel the Sweepstakes without any further obligation due to events beyond its control.
Sponsor is not responsible for incorrect or inaccurate transcription of entry information, or for any human or printing error, technical malfunctions, lost/delayed data transmission, omission, interruption, deletion, defect, line failures of any telephone network, computer equipment, software, inability to access any online service or web site, inability to submit the online Sweepstakes registration form, or any other error or malfunction, or any injury or damage to entrant’s or any other person’s computer related to or resulting from participation or downloading any materials in this Sweepstakes, or for late, lost, postage due, stolen, illegible or misdirected entries. Entry materials that have been tampered with or altered are void. If, in Sponsor’s opinion there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of this Sweepstakes, or if technical difficulties compromise the integrity of the Sweepstakes, Sponsor reserves the right to void any entries at issue and/or to suspend, modify or cancel or terminate this Sweepstakes, in whole or in part, at any time without notice and award the prizes in a random drawing from among all non-suspect eligible entries received as of the termination date.
By entering the Sweepstakes each entrant agrees to release, discharge and save harmless Mad Rabbit Tattoo, Inc., their officers, directors, employees, subsidiaries and affiliates, parents, advisors, consultants, advertising and promotion agencies, any and all Internet servers and access provider(s), and any other party associated with the development or administration of this Sweepstakes, their parent, subsidiary, and affiliated entities, and each of their respective officers, directors, members, shareholders, employees, independent contractors, agents, representatives, successors and assigns (collectively, "Released Entities") from and against any and all injuries, liability, losses and damages of any kind (including without limitation personal injuries, death and bodily injury, whether due to negligence or otherwise, damage to, loss or destruction or property, rights of publicity or privacy, defamation, or portrayal in a false light) (collectively, "Claims") resulting from entrant’s participation in this Sweepstakes and/or entrant’s acceptance, use, misuse or possession of any prize, or lost or misdirected prizes.
Under no circumstances will any entrant be permitted to obtain awards for, and entrants hereby knowingly and expressly waive all rights to claim, punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses and/or any rights to have damages multiplied or otherwise increased. All causes of action arising out of or connected with this Sweepstakes, or any prize(s) awarded, shall be resolved individually, without resort to any form of class action. Any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred (if any), excluding attorneys’ fees and court costs.
Except where prohibited by law: (i) acceptance of a prize(s) constitutes the consent of any winner, without further compensation, to use the name, entry, photographs, trademarks, statements, opinions, biographical information, voices, city and state addresses of residence, and likeness of such winner on a worldwide basis, in all forms of media and in perpetuity, for editorial, marketing, advertising and publicity purposes by Sponsor and/or others authorized by Sponsor; (ii) acceptance of a prize constitutes a release by any winner of the Released Entities of any and all Claims in connection with the administration of this Sweepstakes and the use, misuse, or possession of any prize(s); and (iii) acceptance of the prize(s) constitutes a waiver of any and all entrant’s costs of verification and redemption or travel to claim said prize and any liability and publicity which might arise from claiming or seeking to claim said prize.
Entrants further understand and agree that all rights under Section 1542 of the Civil Code of California ("Section 1542") and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived. Entrants acknowledge that Section 1542 provides that: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." The releases in this Section 6 and the Official Rules are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.
RELEASED ENTITIES MAKE NO AND HEREBY DISCLAIM ANY AND ALL WARRANTIES, REPRESENTATIONS OR GUARANTEES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, IN REGARDS TO THIS SWEEPSTAKES OR THE MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT REGARDING ANY PRIZE(S) OR ANY COMPONENT OF ANY PRIZE(S). SUCH PRIZE(S) IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED; ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING WITHOUT LIMITATION ATTORNEYS' FEES) FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
8. Winners’ List:
For a copy of the Official Winner’s List, please mail a self-addressed stamped envelope to Sponsor at ___, Attn: Winner’s List for Tattoo Sweepstakes.
9. Applicable law:
This Sweepstakes is subject to all applicable federal, state, and local laws and regulations. Issues concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrants and Sponsor in connection with the Sweepstakes, shall be governed by the laws of the State of Ohio, without giving effect to the conflict of laws rules thereof, and any matters or proceedings shall take place in the State of Ohio and entrants hereby waive any objection to such jurisdiction and venue. Any claim or cause of action arising out of or related to this Sweepstakes or these Official Rules must be filed within one (1) year after such claim or cause of action arose regardless of any law to the contrary. In the event any such claim or cause of action is not filed within such one (1) year period, such claim or cause of action shall be forever barred. All disputes arising out of or connected with this Sweepstakes will be resolved individually, and without resort to class action. All judgments or awards shall be limited to actual out-of-pocket damages (excluding attorneys' fees) associated with participation in this Sweepstakes and shall not include any indirect, punitive, incidental and/or consequential damages.
If any provision of these Official Rules shall be held invalid, illegal or unenforceable, such provision shall be enforced to the maximum extent permitted by law and the Sponsor’s fundamental intentions hereunder, and the remaining provisions shall not be affected or impaired, provided, however, that in such cases the parties oblige themselves to use their best efforts to achieve the purpose of the invalid provision by a new legally valid stipulation.
This Sweepstakes is sponsored by Mad Rabbit Tattoo, Inc. (“Sponsor”).
Instagram® is NOT a sponsor OR administrator of the Sweepstakes.
The Instagram® trademark is a trademark of its respective owner.
The Sweepstakes and all accompanying materials are © 2021 Mad Rabbit Tattoo, Inc.