THERMOMIX® #THERMOMIXFORKIDS CONTESTTHERMOMIX® #THERMOMIXFORKIDS CONTEST
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. Void where prohibited by law and outside of the United States. Subject to all federal, state and local laws, regulations, and ordinances.
1. Contest Period: The THERMOMIX® #THERMOMIXFORKIDS CONTEST (the “Contest”) begins on Tuesday, December 4, 2018 at 11:00 a.m. Pacific Time (PT) and ends on Sunday, December 16, 2018 at 11:59 p.m. PT (the “Contest Period”). Entries must be received by 11:59 p.m. PT on Sunday, December 16, 2018 to qualify for the Contest. Submissions will be accepted for the duration of the Contest Period. Entries that are submitted before and after the Contest Period will be disqualified. Sponsor’s computer is the official time-keeping device for this Contest. THIS CONTEST IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH FACEBOOK, INC., INSTAGRAM, INC. AND TWITTER, INC.
2. ELIGIBILITY: Open to legal U.S. residents currently residing in the 50 United States and the District of Columbia who are at least 18 years old (19+ in Alabama and Nebraska; 21+ in Mississippi) entering on behalf of a child between 3 and 12 years old, as of the date of entry (“Entrant” or “Entrants”). Employees, officers, and directors of Vorwerk, LLC (“Sponsor”) or any of their respective parents, affiliates, subsidiaries, contractors, legal counsel, advertising, public relations, promotional, fulfillment, and marketing agencies, website providers, web masters (collectively the “Contest Entities”), and members of their immediate families (spouses, parents, siblings and children, regardless of where they live) and those living in the same household are not eligible to enter or win. Participation constitutes Entrant’s full and unconditional agreement to these Official Rules and to Sponsor’s decisions, which are final and binding in all matters related to the Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein.
3. SPONSOR: The THERMOMIX® #THERMOMIXFORKIDS CONTEST is sponsored by Vorwerk, LLC located at 3255 E. Thousand Oaks Blvd, Thousand Oaks, CA 91362.
4. HOW TO ENTER:
a. Facebook – To submit an entry via Facebook, log on to your Facebook account at www.facebook.com and follow the instruction provided by Sponsor on how to enter the Contest, including posting a Coloring page. Your entry must meet the Entry Submission Requirements described below and include the hashtags #thermomixforkids to identify the post as part of a Contest entry and #ThermomixUSA to be eligible. Upon posting your entry, you will automatically be entered with one (1) entry into the Contest. Limit one (1) entry per person/email address/social media account per day. You must have a Facebook account in order to participate. If you do not have a Facebook account, you can get one for free at www.facebook.com.
b. Instagram – To submit an entry via Instagram, log on to your Instagram account at www.instagram.com and follow the instruction provided by Sponsor on how to enter the Contest, including posting a Coloring page. Your entry must meet the Entry Submission Requirements described below and include the hashtags #thermomixforkids to identify the post as part of a Contest entry and #ThermomixUSA to be eligible. Upon posting your entry, you will automatically be entered with one (1) entry into the Contest. Limit one (1) entry per person/email address/social media account per day. You must be a member of Instagram and your account must be set to the “public” setting in order to participate. If you do not have an Instagram account, you can get one for free at www.instagram.com.
c. Twitter – To submit an entry via Twitter, log on to your Twitter account at www.twitter.com and follow the instruction provided by Sponsor on how to enter the Contest, including posting a Coloring page. Your entry must meet the Entry Submission Requirements described below and include the hashtags #thermomixforkids to identify the post as part of a Contest entry and #ThermomixUSA to be eligible. Upon posting your entry, you will automatically be entered with one (1) entry into the Contest. Limit one (1) entry per person/email address/social media account per day. You must be a member of Twitter and your account must be set to the “public” setting in order to participate. If you do not have a Twitter account, you can get one for free at www.twitter.com.
By entering on Facebook, Instagram or Twitter you agree that Sponsor may contact you via social media by sending you a direct message, tagging you, posting to your social media page or naming you on Sponsor’s social media page.
WARNING: A Submission: (a) MUST NOT copy or otherwise plagiarize from any source; (b) MUST NOT contain material which is (or promote activities which are) in Sponsor’s sole discretion, hateful, slanderous, libelous, tortious, sexually explicit or suggestive, obscene, pornographic, inappropriate, violent, self-mutilating (e.g., relating to murder, the sales of weapons, cruelty, abuse, etc.), discriminatory (based on race, sex, religion, natural origin, physical disability, sexual orientation or age), illegal (e.g., underage drinking, substance abuse, computer hacking, etc.), offensive, threatening, profane, or harassing; or contain material that is threatening to any person, place, business, group or world peace; or contain words or symbols that are widely considered offensive to individuals of a certain race, ethnicity, religion, sexual orientation or socioeconomic group; or contain images, words or text portraying nudity, acts of violence, or acts that are or appear to be unlawful or dangerous or in violation of, or contrary to the laws or regulations in any state where the entry is created in their application; (c) MUST NOT contain material that violates or infringes another’s rights, including but not limited to material that violates privacy, publicity, or intellectual property rights, or that constitutes copyright infringement.
Entries that do not include the required hashtag (#thermomixforkids) will not be eligible and will be disqualified. Bulk, automated and/or third-party entries are prohibited and will be disqualified. Multiple Entrants are not permitted to share the same email address, or Facebook, Instagram and Twitter account. Any attempt by any Entrant to obtain more than the stated number of entries by using multiple and/or different identities, forms, registrations, email addresses, logins, or any other methods will void that Entrant’s entries, and that Entrant may be disqualified at Sponsor’s sole discretion. In the event of a dispute as to any entry, the authorized account holder of the email address associated with the pertinent Facebook, Instagram and Twitter account 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 or other organization responsible for assigning email addresses for the domain associated with the submitted address. Potential winners may be required to show proof of being the authorized account holder to the Sponsor or forfeit the prize. Entries that are incomplete, illegible, corrupted, false, lost, late or misdirected, deceptive or otherwise not in compliance with the Official Rules may be disqualified from the Contest at Sponsor’s sole and absolute discretion. All potential winners are subject to verification before any prize will be awarded. Normal Internet access, phone, and usage charges imposed by your online or phone service may apply.
In addition to the above disclosure requirement, Entrants who are independent consultants of Sponsor must also clearly and conspicuously disclose that they are independent consultants of Sponsor in any social sharing interaction that references the Contest. At a minimum, the hashtag “#ThermomixConsultant” should be included in all social media communications sent pursuant to the Contest. Sponsor reserves the right to disqualify any independent consultant who does not adequately disclose their relationship while interacting with via social media sites during the Contest Period.
6. Selection of Winner(s): On or about Sunday, December 16, 2018, Sponsor will review the Submissions and select the top 8 Entrants that receive the highest number of “likes” as the Winners.
7. Winner(s) Notification; Verification: The Winners will be notified by Facebook/Instagram/Twitter message on or about Monday, December 17, 2018. Except where legally prohibited, each potential winner must sign (or have their parent/legal guardian sign if potential winner is a minor in their respective place of residency) and return, within seven (7) days of being notified, an Affidavit of Eligibility, Liability & Publicity Release to claim his/her prize. If a potential Winner cannot be contacted by email or Facebook, Instagram and Twitter message within forty-eight (48) hours , or if he/she fails to sign and return the Affidavit of Eligibility, Liability & Publicity Release or other required document within the required time period (if applicable), or in the event that a potential Winner is disqualified for any reason, Sponsor will award the applicable prize to an alternate winner from among all remaining eligible entries. Only three (3) alternate prizes will be awarded, after which any remaining prizes will remain un-awarded. Prize will be fulfilled approximately 2-3 weeks after the conclusion of the Contest.
Verification of Potential Winners: ALL POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE CONTEST. AN ENTRANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE.
8. Prize(s): There will be eight Prizes awarded in total. Each prize consists of (1) Thermomix® for Kids (Product ID: US00088). Approximate Retail Value (“ARV”) of each Prize: $79.00. Total ARV for all prized to be awarded: $632.00. Limit one (1) prize per person and per household.
9. PRIZE RESTRICTIONS: Any and all applicable federal, state, and local taxes and all fees and expenses not expressly specified herein are the sole responsibility of the respective prize winner. There is a limit of one (1) prize per person and per household or family. Prize cannot be substituted, assigned, transferred, or redeemed for cash; however, Sponsor reserves the right to make equivalent prize substitutions. Sponsor will not replace any lost or stolen prizes or components of a prize. Prize cannot be used in conjunction with any other promotion or offer. Only the number of prizes stated in these Official Rules is available to be won in the Contest. If, by reason of a print or other error, more prizes are claimed than the number set forth in these Official Rules, prize winner(s) will be selected in accordance with the winner selection method described above from among all eligible claimants making purportedly valid claims to award the advertised number of prizes available. Odds of winning the prize depend on the number of eligible entries received during the Contest Period.
10. General Conditions: Entry constitutes Entrant’s full and unconditional agreement to these Official Rules and to Sponsor’s decisions, which are final and binding in all matters related to the Contest. Sponsor is not responsible for lost, late, incomplete, damaged, stolen, misdirected, or illegible entries; lost, interrupted, or unavailable network, server, or other connections, telephone transmission problems, or garbled transmissions or miscommunications; computer or software malfunctions or damage to a user’s computer equipment (software or hardware); technical failures; or other errors or malfunctions of any kind whether human, mechanical, electronic, or otherwise. Proof of sending or submission of entry will not be deemed proof of receipt by Sponsor. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
WARNING: ANY ATTEMPT BY A PARTICIPANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS CONTEST OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW, AND, SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO PROSECUTE AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
Sponsor reserves the right to disqualify any individual it finds to be attempting to tamper with or undermine the entry process, any website associated with the Contest, and/or the legitimate operation of the Contest; to violate the Official Rules; or to act in an unsportsmanlike or disruptive manner or with the intent to annoy, abuse, threaten, or harass any other person.
Sponsor reserves the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures or any factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Contest, as determined by Sponsor. If, for any reason, the Contest cannot be run as planned, Sponsor may disqualify any suspect entries and (a) suspend the Contest and modify the Contest to address the impairment and then resume the Contest in a manner that best conforms to the spirit of these Official Rules; and/or (b) award the prize in accordance with the winner selection criteria from among the eligible, non-suspect entries received up to the time of the impairment.
11. LIMITATION OF LIABILITY AND RELEASES: BY PARTICIPATING IN THIS CONTEST, ENTRANT AGREES TO RELEASE SPONSOR, FACEBOOK, INC., INSTAGRAM, INC., AND TWITTER, INC., AND THEIR RESPECTIVE PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, REPRESENTATIVES, CONSULTANTS, CONTRACTORS, LEGAL COUNSEL, ADVERTISING, PUBLIC RELATIONS, PROMOTIONAL, FULFILLMENT AND MARKETING, WEBSITE PROVIDERS, WEB MASTERS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, MEMBERS, MANAGERS, AGENTS AND EMPLOYEES (COLLECTIVELY THE “RELEASED PARTIES”) FROM, AND HOLD HARMLESS AGAINST, ANY AND ALL LIABILITY WHATSOEVER FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE, OR USE OF THE PRIZE, ENTRY, OR PARTICIPATION IN THIS CONTEST OR IN ANY CONTEST-RELATED ACTIVITY, INCLUDING ACCESS TO AND USE OF ANY WEBSITE OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SAID SITE, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY, OR MERCHANDISE DELIVERY. THE RELEASED PARTIES ARE NOT RESPONSIBLE IF ANY PRIZE CANNOT BE AWARDED DUE TO CANCELLATIONS, DELAYS, OR INTERRUPTIONS DUE TO ACTS OF GOD, ACTS OF WAR, NATURAL DISASTERS, WEATHER, OR TERRORISM.
BY PARTICIPATING IN THIS CONTEST, ENTRANT AGREES THAT THE RELEASED PARTIES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY INJURIES, DAMAGES, OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES TO PERSONS, INCLUDING DEATH, OR TO PROPERTY ARISING OUT OF ACCESS TO AND USE OF ANY WEBSITE ASSOCIATED WITH THIS CONTEST OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SUCH SITE.
WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS CONTEST, INCLUDING ALL PRIZES, 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. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
12. PUBLICITY RELEASE; INTELLECTUAL PROPERTY: EXCEPT WHERE PROHIBITED BY LAW, PARTICIPATION IN THE CONTEST CONSTITUTES PARTICIPANT’S GRANT TO SPONSOR (WHICH GRANT WILL BE CONFIRMED IN WRITING ON REQUEST OF SPONSOR), AND THE RELEASED PARTIES THE RIGHT AND PERMISSION TO PRINT, PUBLISH, BROADCAST, AND USE, WORLD WIDE IN ANY MEDIA NOW KNOWN OR HEREAFTER DEVELOPED, INCLUDING BUT NOT LIMITED TO THE WORLD WIDE WEB, AT ANY TIME OR TIMES, THE PARTICIPANT’S ENTRY, NAME, PORTRAIT, PICTURE, VOICE, LIKENESS, OPINIONS, AND BIOGRAPHICAL INFORMATION (INCLUDING BUT NOT LIMITED TO HOMETOWN AND STATE) FOR ADVERTISING, TRADE, AND PROMOTIONAL PURPOSES (INCLUDING THE ANNOUNCEMENT OF HIS OR HER NAME ON TELEVISION OR RADIO BROADCAST) WITHOUT ADDITIONAL CONSIDERATION, COMPENSATION, PERMISSION, OR NOTIFICATION.
13. DISPUTES: This Contest is governed by the laws of the United States. Except where prohibited, Entrant agrees that: (a) any and all disputes, claims and causes of action arising out of or connected with this Contest 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 California or the appropriate California State Court located in Los Angeles County, California; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest not to exceed fifty US Dollars (US$50.00), but in no event attorneys’ fees; and (c) under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim, indirect, punitive, 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 Contest, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the Entrant of the laws of any jurisdiction other than the State of California.
15. NATURE OF RELATIONSHIP/WAIVER OF EQUITABLE RELIEF: Each Entrant understands and acknowledges that the Sponsor has wide access to ideas, designs, and other materials, and that new ideas are constantly being submitted to it or being developed by their own employees. Each Entrant also acknowledges that many ideas may be competitive with, similar or identical to the Submission and/or each other in theme, idea, format or other respects. Each Entrant acknowledges and agrees that such Entrant will not be entitled to any compensation as a result of Sponsor’s use of any such similar or identical material. Each Entrant acknowledges and agrees that the Sponsor does not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the Submission. Finally, each Entrant acknowledges that, with respect to any claim by entrant relating to or arising out of Sponsor’s actual or alleged exploitation or use of any Submission or other material submitted in connection with the Contest, the damage, if any, thereby caused to the applicable Entrant will not be irreparable or otherwise sufficient to entitle such entrant to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition or other exploitation of the Submission or any material based on or allegedly based on the Submission, and the Entrant’s rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
16. WINNERS LIST: The winner’s name will be posted on or about Monday, December 17, 2018 on Facebook, Instagram and Twitter.