Goof Off “National Goof Off Day” Sweepstakes
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING.
VOID WHERE PROHIBITED OR RESTRICTED BY LAW. ODDS OF WINNING WILL DEPEND ON THE NUMBER OF ELIGIBLE ENTRIES RECEIVED.
BY ENTERING THE SWEEPSTAKES, YOU AGREE TO THESE OFFICIAL RULES, WHICH FORM A CONTRACT. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITY OBLIGATIONS ON THE PART OF ENTRANT AND A LIMITATION OF ENTRANT’S RIGHTS AND REMEDIES.
ELIGIBILITY: Open to legal residents of the 50 United States and District of Columbia who are at least the legal age of majority in the state in which they reside at the time of entry. Employees of Sponsor, its parent company, affiliates, subsidiaries, Administrator, suppliers, distributors, sales representatives, retailers, advertising, advertising and promotion agencies, prize suppliers or any other persons or entities directly associated with this Sweepstakes (collectively, the “Sweepstakes Entities”), and members of the immediate families (parent, stepparent, child, stepchild, sibling or spouse of any of the foregoing) or households of any of the above are NOT eligible. The Sweepstakes is subject to all federal, state and local laws and regulations and is void where prohibited or restricted by law.
SWEEPSTAKES PERIOD: The Goof Off “National Goof Off Day” Sweepstakes (“Sweepstakes”) begins at 12:00 a.m. CT on March 8, 2019, and ends at 11:59 p.m. CT on March 22, 2019 (“Sweepstakes Period”). Administrator’s computer is the official time-keeping device for the Sweepstakes.
TWO METHODS OF ENTER:
To Enter Via Facebook: If you are not already a member of Facebook, you can create an account for free at www.facebook.com. Once you have a Facebook account, log in and locate the Goof Off Products Facebook page and submit your entry by posting it in the National Goof Off Day Facebook Event pinned to the top of the Page’s Timeline. No robotic, programmed, script, macro or other automated entries. In the event of a dispute regarding the identity of an entrant, such entry will be deemed to be made by the authorized account holder of their name on Facebook. “Authorized account holder” is deemed as the natural person who is attached to their name by an internet access provider, service provider or other online organization that is responsible for assigning email addresses for the domain associated with the submitted email address.
To Enter Via Mail: (1) Handprint your name, mailing address (no PO Boxes allowed), email address and date of birth on a 3×5-inch index card. (2) Print your photo (up to a maximum 5×7-inches) or record your video in MP4 or WMV format on a CD or DVD. Mail the complete packet of items to: National Goof Off Day Sweepstakes, c/o Marketing Department, 2105 Channel Avenue, Memphis, TN 38113. Mailed entries must be postmarked by March 22, 2019 and received by March 26, 2019.
SUBMISSION REQUIRMENTS: As part of your submission, you will need to post a photo or video of your “goof”. For the purpose of this promotion a “goof” is a spot, stain or mess. Minimum recommended size of any photo posted is 600px width and 72dpi resolution. The minimum recommended resolution of any video posted is 640x400px. The maximum file size of any video is 1 gigabyte and time length should be no more than 10 minutes.
The submission must not include: (a) content that violates any third party rights, including, but not limited to, copyrights or trademark rights; (b) content that is defamatory; (c) content that is threatening; (d) content that is sexually explicit, obscene, or indecent; (e) content that promotes alcohol, tobacco, or drug use; or (f) any other content the Sponsor determines is not reasonably related to the Sweepstakes.
OWNERSHIP OF SUBMISSIONS: By submitting a photo or video, entrant acknowledges and agrees that: (a) Sponsor is the sole and exclusive owner, in perpetuity and throughout the world, of all right, title, and interest in and to your photo or video, including, without limitation, all copyright, trademark, and other proprietary rights in and to the photo or video (and all renewals and extensions thereof now or hereafter provided by law) and all the rights therein and thereto; (b) ownership of the photo or video shall inure to the benefit of Sponsor from the date of conception, of creation, or of fixation in a tangible medium of expression (whichever occurs first), of such photo or video; (c) entrant’s photo or video is a “work made for hire” (as that term is used in the United States Copyright Act of 1976, as amended); (d) to the extent that entrant’s photo or video is not a work made for hire, entrant hereby assigns to Sponsor all right, title, and interest in and to the photo or video and all copies thereof that entrant may have or obtain without any further consideration, free from any claim, lien, balance due, or rights of retention thereto, on your part; (e) entrant waives all claims to any and all moral rights in the photo or video including without limitation, entrant’s right of attribution and integrity; and (f) Sponsor may exploit the photo or video (and all rights therein) in any manner throughout the world without restriction of any kind, or payment to, or consent from, anyone. Sponsor reserves the right to modify or edit the winning photo or video for content including all copyrights and trademarks, and Sweepstakes Entities or their assigned agent(s), will have the right to reproduce, publish, adapt, modify and/or revise the photo or video, in its sole discretion, in any manner or form throughout the world, in perpetuity. Sponsor will own all rights to the winning photo or video. If you think that any photo or video infringes your intellectual property rights, you may report it by visiting: http://www.goofoffproducts.com/contact.
You may enter the sweepstakes as many times as you like during the Sweepstakes Period. Repeat identical entries will be disallowed. All qualifying entries must be fully completed as described above. Entries using multiple or false contact information or otherwise may be disqualified. All entries become the exclusive property of Sponsor and will not be acknowledged or returned. Sponsor will not use personal information obtained through your entry, except in connection with this Sweepstakes.
WINNER SELECTION: The potential winner will be selected through a random drawing to take place on March 26, 2019 from all eligible entries received in accordance with these Official Rules. Potential winners will be notified within seven (7) days after the judges have completed their selection and will be contacted either through Facebook Messenger for entries submitted through Facebook or by email at the email address provided at the time of entry for entries submitted by mail. The prospective prize winner will be required to provide proof of identity, verification of eligibility and compliance with these Official Rules. Prizes will be shipped via UPS (or a similar service) within two (2) weeks after completion of verification or return of any additional written and notarized Affidavits and Publicity Releases (“Affidavits”) (if required) as well as any other documents which may be required by Sponsor, all of which must be received fully-executed within seven (7) days of receipt or such prospective prize winner may be disqualified and an alternate prospective prize winner may be selected. Prizes will only be shipped to a street address. No PO Boxes will be allowed.
PRIZES: Three prizes will be awarded. First prize winner drawn at random will win an Amazon Fire TV Cube with an Approximate Retail Value (“ARV”) of $119.99. Second prize winner drawn at random will win an Echo Dot with an ARV of $49.99. Third prize winner drawn at random will win a Goof Off Prize Pack with an ARV of $25. The total ARV of the entire prize pool is $194.98.
All expenses associated with receipt or use of any prize not expressly stated herein, are the sole responsibility of the winners. All federal, state and local taxes, and any other charges, if any, are the sole responsibility of the winners.
Prizes are non-transferable. No cash redemptions or substitutions permitted, except by Sponsor, who may, in its sole discretion, substitute a prize, or any portion thereof, of equal or greater value.
CONSENT AND RELEASE: By submitting a photo or video entry in this Sweepstakes you consent to and authorize Sponsor to: (1) use and post the photo(s) or video(s) to Goof Off online properties, including but not limited to the Goof Off Facebook Page and website, (2) add Goof Off branding to the submitted photo(s) or video(s), and (3) use any accompanying optional description in future Facebook or website posts or in any Goof Off marketing placed in any channel at any time. Additionally, you waive all rights you may have to claims for payment, royalties or other reward in connection with posting or other publication of your submitted photos/videos and/or description. Consent and Release is given with respect to all entries submitted, regardless of whether the submission is selected as a winning entry in the Sweepstakes.
RELEASE: By entering the Sweepstakes, entrants do hereby release, indemnify and hold harmless Sponsor, Facebook, Administrator and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies and prize suppliers and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death or damage to or loss of property arising from or in connection with participation in the Sweepstakes, or the acceptance, possession, use or misuse of any prize. Execution of the publicity release further constitutes consent of winner for Sponsor’s use of their names, likenesses and/or prize and biographical information in all media worldwide without limitation for advertising or promotional purposes without further compensation, except where prohibited.
GENERAL CONDITIONS: Sponsor reserves the right to terminate, cancel, suspend and/or modify the Sweepstakes if any fraud, virus, technical failures or any other factor beyond problem corrupts the administration, security, or proper play of the Sweepstakes, as determined by Sponsor in its sole discretion. In such event, Sponsor reserves the right to award the prize in a random drawing from among the eligible entries received up to the time of the impairment or take such other action deemed fair and equitable by Sponsor. Sponsor reserves the right to award only the number of prizes stated in these Official Rules. No more than the number of prizes stated in these Official Rules will be awarded. The Released Parties are not responsible for lost, late, stolen, illegible, misdirected, or non-delivered entries or email; or for lost, interrupted or unavailable satellite, network, server, Internet Service Provider (ISP), Website or other connections availability, accessibility or traffic congestion, or miscommunications, or failed computer, network, telephone, satellite, or cable hardware, software or lines, or technical failure, or jumbled, scrambled, delayed, or misdirected transmissions, or computer hardware or software malfunctions, failures or difficulties, or other errors of any kind whether human, mechanical, electronic or network, or the incorrect or inaccurate capture of entry or other information or the failure to capture, or loss of, any such information.
LIMITATIONS OF LIABILITY: The Released Parties are not responsible for any incorrect or inaccurate information, whether caused by Website users, or by any equipment or programming associated with or utilized in the Sweepstakes and assume no responsibility for any error, omission, interruption, deletion, defect or delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or tampering with or hacking of Website. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds may be tampering with the entry process or operation of the Sweepstakes or Website, may be acting in violation of the terms of the Website or may be acting in a non-sportsmanlike or disruptive manner, or with intent to threaten, abuse or harass any other person. Any attempt to deliberately damage any Website or undermine the legitimate operation of the Sweepstakes is unlawful and subject to legal action by Sponsor or its agents. IN NO EVENT WILL SPONSOR, ADMINISTRATOR, FACEBOOK, ITS AFFILIATES, SUBSIDIARIES AND RELATED COMPANIES, THEIR ADVERTISING OR SWEEPSTAKES AGENCIES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF ENTRANT’S ACCESS TO AND USE OF THE SWEEPSTAKES INTERNET SITE OR DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SAID SITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THIS SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
FACEBOOK DISCLAIMER: This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Facebook. By participating in this Sweepstakes, you hereby release Facebook from any claim, allegation, loss or liability of any kind.
DISPUTES: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by appropriate courts in the State of Tennessee; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this promotion, 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, 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. By entering, entrants agree that all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrant’s rights and obligations, or the rights and obligations of the Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of State of Tennessee, without giving effect to any choice of law or conflict of law rules. By entering, entrants consent to the jurisdiction and venue of the federal, state and local courts located in Shelby County, Tennessee.
PUBLICITY: The winners’ name will be featured on the Goof Off Facebook page.
WINNER’S LIST: For an official winner’s list, send a self-addressed, stamped #10 envelope by April 30, 2019 to: Winner’s List, National Goof Off Day Sweepstakes, c/o Marketing Department, 6750 Lenox Center Court Suite 200 Memphis, TN 38115.
SPONSOR: W.M. Barr & Company, Inc., 6750 Lenox Center Court Suite 200 Memphis, TN 38115.