LA Foodie Getaway Giveaway Official Sweepstakes Rules July 2023 - FLCKN
Official Sweepstakes Rules
Please read these Official Sweepstakes Rules (the “Rules”) before entering for your chance to win. They contain important information about your rights and obligations, as well as limitations and exclusions that may apply to you if you enter the FLCKN July 2023 LA Foodie Getaway Giveaway Sweepstakes (the “Sweepstakes”), sponsored by FLCKN, Inc. (the “Sponsor”). By entering the Sweepstakes, you acknowledge and agree that these official rules (“Rules”) constitute a legally binding agreement between the person entering the Sweepstakes (“entrant” or “you”) and the Sponsor, and you signify your agreement to these Rules and the decisions of the Sponsor. If you do not agree to the Official Rules, you may not enter the Sweepstakes.
This Sweepstakes is intended for residents of California, US only, and shall be interpreted in accordance with the laws of the US State of California. No purchase or payment of any kind is necessary to enter to win. Must be at least the age of legal majority or older and a legal resident of California.
This Sweepstakes is sponsored by FLCKN, Inc. having a business address at 11755 Malaga Dr., #1191 Rancho Cucamonga, CA 91730. It is in no way sponsored, endorsed or administered by, or associated with, Instagram or Facebook.
Nor is this Sweepstakes sponsored, endorsed or administered by the businesses named on the electronic gift cards contained in the Sweepstakes Prize package. Prize package gift cards are provided by FLCKN, and are subject to both these Rules as well as any terms and conditions specified by the gift card-issuing businesses (“Terms and Conditions”).
1. ENTRY PERIOD
The Sweepstakes begins at 11:59am PDT on July 14, 2023 and ends at 11:59pm PDT on August 4, 2023 (the "Sweepstakes Period"). The Sponsor’s computer is the official timekeeping device for online entries for this Sweepstakes.
The Sweepstakes is open to all legal residents of the US State of California who are at least the age of majority in California.
You are not eligible if you are: (1) an employee of the Sponsor and its affiliates and subsidiaries, or any other party in any way involved in the development or administration of this Sweepstakes, including advertising and promotional agencies, public relations agencies, suppliers of materials or services or prizes related to the Sweepstakes, or a member of the immediate family (spouse, parents, siblings, and children, regardless of where they reside) or household member of any such employee. Groups, associations, and entities cannot participate.
The Sweepstakes is subject to all applicable federal, state, municipal, territorial, and local laws and regulations and these Rules and by entering, all entrants agree that they have read these Rules and agree to abide by and to be bound by the terms and conditions of the Rules, and the decisions of Sponsor, which shall be final and binding in all respects. False and/or deceptive entries or acts shall render participants ineligible. If it is found that a person who does not meet the eligibility criteria set forth in these Rules has submitted an entry, that entry will be deemed ineligible. Sponsor reserves the right to verify eligibility requirements. Void where prohibited by law.
4. HOW TO ENTER
There is no purchase or payment of any kind is necessary to enter to win. Making a purchase will not enhance your chances of winning.
Throughout the Sweepstakes Period, the Sponsor invites people to enter via FLCKN’s Instagram Profile at https://www.instagram.com/flckn/ for a chance to win by completing each of the following actions (all are required for entry – if you already follow FLCKN, that counts for that piece):
✅ Like the Sweepstakes Post on Instagram
✅ Follow FLCKN (@flckn) on Instagram
✅ Tag a friend(s) in the Instagram Sweepstakes Post’s comments
You are automatically entered once you have done each of the above and completed all three by 11:59pm PDT on August 4, 2023 (once all three completed, your “Entry”). Each person is permitted to enter a maximum of one (1) regular Entry during the Sweepstakes Period. Multiple attempts at entry do not increase your chances of winning. The sole determinant of time for the purposes of receipt of a valid Entry shall be the computer servers of the Sponsor. Proof of transmission (screenshots or captures, etc.) does not constitute proof of receipt.
6. DISQUALIFICATION OF ENTRIES
Entries which are incomplete, illegible, or fraudulent are null and void. In the event that an Entry is deemed inappropriate by the Sponsor, that Entry shall be deemed ineligible. The Sponsor is not responsible for, and shall not accept, any Entry that is lost, late, illegible, incomplete, or electronically misdirected or undelivered.
Any Entry that is late, lost, stolen, illegible, damaged, misdirected, mutilated, garbled or incomplete, altered or otherwise irregular, mechanically reproduced, submitted using robotic, automated, programmed, or illicit means, contains false information, included in a bulk-drop off (e.g. multiple Entries submitted by the same entrant) or does not conform with or satisfy any or all of the conditions these Sweepstakes Rules as determined by the Sponsor, in its sole and absolute discretion, may be judged void.
The Sponsor shall not be responsible for any problems or technical malfunctions of any telephone, cable, or wireless networks or lines, computer online systems or servers, computer hardware or software problems or traffic congestion on the internet or at any website and assumes no liability for damage to any person’s computer resulting from participating in the Sweepstakes.
In the event of a dispute as to the identity of a winner based on an Instagram Profile, the winning Entry shall be deemed to have been made by the Authorized Account Holder or the Authorized Account Holder of the Profile’s associated email address at the time and date of submission of the Entry.
In these Sweepstakes Rules, “Authorized Account Holder” means the natural person who is assigned an Instagram Profile or email address by an internet service provider or other organization responsible for assigning email addresses for the domain name associated with the email address in question.
7. RANDOM DRAW AND WINNER NOTIFICATION/CONFIRMATION
On or about August 5, 2023, one potential winner will be selected at random by a computerized drawing from the pool of eligible Entries received during the Sweepstakes Period. The drawing will take place at the business address of the Sponsor. Odds of winning depend on the total number of eligible Entries received.
The potential winner will be notified by Instagram DM from Instagram Profile @flckn on or about August 5, 2023 and must reply within 72-hours of being notified thereof as follows. FLCKN will attempt to contact the potential winner by Instagram DM two times. To be confirmed as the winner, the selected entrant(s) must, within the 72 hour period. Before being confirmed as a winner, the potential winner will be required to sign and return, 72 hours of notification, an Affidavit of Eligibility, a Liability Waiver, a W-9 Form, (collectively, the “Releases"). The Releases will require the potential winner to furnish their Social Security Number for the sole purpose of tax reporting, as required by law. Noncompliance will result in disqualification and an alternate winner may be selected for the applicable prize in a separate random drawing from the remaining eligible entries submitted and received in accordance with these Official Rules. Following that, the Prize will be made available.
If the potential winner cannot be contacted within 72 hours of notification, or if there is a return of any notification as undeliverable; then they may, in the sole and absolute discretion of the Sponsor, be disqualified (and, if disqualified, will forfeit any and all rights to the applicable prize) and the Sponsor reserves the right, in its sole and absolute discretion to randomly select an alternate eligible entrant for the applicable prize in a separate random drawing from the remaining eligible entries submitted and received in accordance with these Rules.
No one is a winner unless and until the Sponsor officially confirms him/her as a winner in accordance with these Rules.
8. PRIZE & PRIZE CONDITIONS
There is one prize (“Prize”) available to be won, valued at (in total) $600.00USD which includes the following:
- A $200.00USD Baar Baar LA electronic gift card
- A $300.00USD Hotel Figueroa electronic gift card
- A $50.00USD Bottega Louie electronic gift card
- A $50.00USD VISA electronic gift card
These gift cards are provided by FLCKN. This Sweepstakes is not sponsored, endorsed or administered by the businesses named on the gift cards.
The Prize(s) must be accepted as awarded, without substitution. The Prize(s) are non-refundable and not convertible to cash. Sponsor may substitute a prize of equal or greater value (based on the approximate retail value of the Prize as stated in these Rules), including without limitation, a cash award, if the Prize or Prize component cannot be awarded as described for any reason.
Prize winner is solely responsible for all costs not expressly described herein, including but not limited to any and all license and registration fees, accommodations, transportation costs, gratuities and all other items of an incidental nature.
Once a winner has been confirmed, the electronic gift cards listed above will be emailed to the winner for their redemption, subject to the Terms and Conditions specified by the businesses named on the cards.
Payment of all federal, state and local taxes related to the Prize is the sole responsibility of the winner(s).
By participating in the Sweepstakes, you acknowledge that you have read and understood these Rules and agree to abide and be bound by them and all decisions of the Sponsor, which shall be final and binding, without right of appeal, in all matters relating to this Sweepstakes and the awarding of Prizes.
Sponsor reserves the right, in its sole and absolute discretion, to disqualify any entrant that it finds to be: (a) violating the Rules; (b) tampering or attempting to tamper with the entry process or the operation of the Sweepstakes; (c) acting in an unsportsmanlike or disruptive manner; or (d) attempting to undermine the legitimate operation of the Sweepstakes.
10. RELEASE OF LIABILITY/CONSENT TO PUBLICITY
By entering the Sweepstakes, you: (i) confirm compliance with the Rules; (ii) consent to the use of your name to announce you as the winner of the Sweepstakes; and (iii) release the Sponsor, its affiliates (including, without limitation, any parent, sister and subsidiary companies), suppliers of materials or services or prizes related to the Sweepstakes and other parties in any way involved in the development or administration of this Sweepstakes (including advertising and promotional agencies, public relations agencies), and all of their respective employees, directors, officers, shareholders, agents, partners, licensees, successors, and assigns (collectively, the “Releasees”) from and against any and all manner of action, causes of action, suits, debts, covenants, contracts, claims, liabilities, demand or damages (including legal fees and expenses), of any nature or kind, arising out of, or in connection with your participation or attempted participation in the Sweepstakes and the awarding or use of a Prize.
11. NO WARRANTY; LIMITATION OF LIABILITY
Prizes are awarded “as is” with no warranty or guarantee, either express or implied by Sponsor. Winner acknowledges that Sponsor and all other businesses affiliated with this Sweepstakes and their agents do not make, nor are in any manner responsible for any warranty, representations, expressed or implied, in fact or in law, relative to the quality, conditions, fitness or merchantability of any aspect of the prize being offered, except that each merchandise prize shall be subject to its manufacturer’s standard warranty (if any). The Releasees do not assume any responsibility and each entrant releases the Releasees of and from any and all claims, actions, damages, loss, injury, costs, demands, and liabilities of whatever nature or kind arising in connection with the Sweepstakes and/or the Prize including without limitation, the administration of the Sweepstakes, the selection and confirmation of winners, and the awarding and use of Prizes. Please note that this waiver and release specifically extends to Claims or portions of Claims alleging or arising as the result of Released Parties’ negligence.
You acknowledge and agree that your release and waiver specifically extends to the following, the protections of which you explicitly waive:
California Civil Code Section 1542: 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.
This Sweepstakes will be run in accordance with these Rules, subject to amendment by Sponsor. The Rules shall govern in the event of any inconsistency with other Sweepstakes-related materials. The Sponsor, in its sole and absolute discretion, reserves the right to modify or terminate the Sweepstakes and amend the Rules at any time, without individual notice, and for any reason. In no event will more than the stated number of the Prizes be awarded.
All of the Entries become the property of the Sponsor and none will be returned. No correspondence will be entered into except with selected entrants and unless participants have opted-in to receive email communications from the Sponsor. This Sweepstakes is void where prohibited by law and is subject to all applicable laws and regulations. To the extent permitted by law, any dispute arising from this Sweepstakes shall be governed by and construed in accordance with the laws of the US State of California, without reference to its conflict of law principles, and the entrants consent to the personal jurisdiction of the courts located California, US and agree that such courts have exclusive jurisdiction over all such disputes. THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING OUT OF OR RELATING TO THIS PROMOTION WHETHER SOUNDING IN CONTRACT OR TORT AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF.
The Sponsor collects and uses entrants’ personal information for the purpose of administering this Sweepstakes. The winners’ names may be listed at the office of the Sponsor. All intellectual property, including but not limited to trademarks, trade names, logos, designs, promotional materials, web pages, source codes, drawings, illustrations, slogans, and representations are owned by the Sponsor and/or its affiliates and/or the Prize suppliers. All rights are reserved.
Unauthorized copying or use of any copyrighted material or intellectual property without the express written consent of its owner is strictly prohibited.
13. OFFICIAL RULES REQUEST; CONTACT
For questions or more information about this Sweepstakes, please contact FLCKN, Inc. via email at [email protected]. For a copy of these rules, addendum, and/or list of winners please send a self-addressed stamped envelope to FLCKN, Inc. c/o 11755 Malaga Dr., #1191 Rancho Cucamonga, CA 91730 within 120 days of the end of the Sweepstakes Period.