Giveaway
Cheeks® by Tony Little Social Media Giveaway
Official Rules - Introduction.
By entering into this Cheeks® by Tony Little Social Media Giveaway (the “Giveaway”), you agree to abide by these Official Rules and Legal Disclaimer (“Official Rules”), as well as the decisions of sponsor Bluewater Media, LLC and Zahalo®, LLC (“Sponsor”), whose decisions are final and binding in all respects. Your submission of an entry form and/or participation in the Giveaway constitutes your agreement to these Official Rules.
NO PURCHASE OR PAYMENT OF SPONSOR’S PRODUCTS OR SERVICES IS NECESSARY TO ENTER OR WIN, AND A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
Eligibility. This Giveaway is open only to legal residents of the contiguous forty-eight (48) states of the United States, Hawaii and the District of Columbia who are eighteen (18) years of age or older at the time of entry. Employees, officers, directors or agents of Sponsor or any of Sponsor’s partners, related companies and their respective parents, affiliate companies, subsidiaries, suppliers and members of their immediate families are not eligible to participate in the Giveaway. For purposes of the Giveaway, the term “immediate family” is defined as spouses, parents, children, siblings and their respective spouses, regardless of whether such individuals reside in the same household. Persons residing in the household of an immediate family member as defined herein, whether or not constituting a member of the immediate family, are likewise ineligible to participate in the Giveaway.
ALL APPLICABLE FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
Sponsor. Unless otherwise outlined in the Giveaway, the Sponsor of the Giveaway is Bluewater Media, LLC and Zahalo®, LLC, each with its principal place of business at 14375 Myerlake Circle, Clearwater, Florida 33760.
Entry Submission Period. The entry submission period of the Giveaway begins on Monday, October 4, 2021 at 12:00 AM EST and ends on Sunday, October 31, 2021 at 11:59 PM EST.
How to Enter. During the Giveaway Period, users must provide a valid email address to enter the Giveaway. No more than one person can enter. There is a limit of one (1) entry per person; multiple entries are void. Use of any automated system, including but not limited to robotic, macro, script or similar automated means, submitting more than one entry per person is prohibited and will result in disqualification of all such entries. Sponsor will not consider late or otherwise non-conforming entries.
Entry Errors: Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected entries, which will be disqualified. Sponsor is not responsible if online service or equipment is interrupted by, including, without limitation, (1) interruptions to any network, server, Internet, Web site, telephone, satellite, computer or other connections, (2) failures of any telephone, satellite, hardware, software or other equipment, (3) garbled, misdirected or jumbled transmissions, or traffic congestion, (4) other errors of any kind, whether human, technical, mechanical or electronic, (5) the incorrect or inaccurate capture of information or the failure to capture any such information, or (6) printing or typographical errors.
Sweepstakes Winner Selection. Sponsor will conduct a random drawing from all eligible entries on or about Monday, November 1, 2021 received and will select one (1) winner from among all the eligible entries that were received on time. Odds of winning depend on the number of eligible entries received. The Winner will be notified via email Entrants are responsible for insuring that their account information related to notifications is up-to-date and accurate. Prize notices returned as undeliverable will result in the disqualification of the potential prize winner and, in such event, an alternate winner will be selected. Sponsor’s decisions as to the random drawing are final. The Winner will have twenty-four (24) hours to claim the prize via response to the notification. If the Winner is discovered to be invalid for any reason or have engaged in any conduct contrary to these Official Rules prior to delivery of the Prize, or if the Winner cannot be contacted or does not respond within the twenty-four (24) hour time period, an alternate winner may be selected at the sole discretion of the Sponsor. Sponsor is not responsible for digital communications that are undeliverable as a result of any filtering of any kind, insufficient space in the entrant’s account, or any other failure beyond Sponsor’s reasonable control. Any and all federal, state and local taxes resulting from acceptance of the prize are the sole responsibility of the Winner. Acceptance of the prize also constitutes permission to Sponsor to use the Winner’s name, likeness and/or biographical information for marketing purposes (including posting the information on Sponsor’s website(s)) without any further compensation or right of approval, unless prohibited by law.
Prizes: The Winner will receive a Surprise Item (the “Prize”). The total estimated value of the Prize for this Giveaway is To be Determined. The Prize cannot be combined with any other offer. Each Prize is awarded “as is” with no warranty or guarantee, either express or implied, outside of the manufacturer’s limited warranty, as applicable.
Acceptance of Official Rules: As a condition of entry, participants fully and unconditionally agree to these Official Rules, to the Terms and Conditions of Prize Drawings and to Sponsor’s decisions, which are final and binding in all respects. Sponsor’s failure to enforce any provision of these Official Rules shall not constitute the waiver of any such provision.
Publicity. Subject to applicable law, by participating in the Giveaway, all entrants irrevocably grant the Sponsor and their respective successors, assigns and licensees, the right to use such entrant’s entry or submission, name, social media handle, likeness, opinions, biographical information or any other related information in any and all digital, social and/or other media, throughout the world at any time, without the obligation to seek consent or provide the entrant with any payment or other form of consideration. Sponsor may use same for any lawful purpose including, without limitation, commercial, advertising and promotional purposes, as well as in, on or in connection with the Sweepstakes or any other Sponsor promotions, now or in the future. All entrants agree to execute any document reasonably required by Sponsor to effectuate the terms hereof, and any entrant’s failure to do so shall give rise to Sponsor’s right to execute any and all such documents as the entrant’s attorney-in-fact, which right shall be coupled with an interest and, as a result, irrevocable.
Conditions of Participating. Subject to applicable law, by participating, entrants agree to be fully and unconditionally bound by these Official Rules, the Additional Terms, and the decisions of Sponsor. Any portion of the Giveaway may be canceled, suspended and/or modified, in whole or in part, if in Sponsor’s opinion any fraud, technical failure or other factor beyond Sponsor’s control impairs the integrity or proper functioning of the Giveaway. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of any Giveaway or Sponsor’s website, acting in violation of these Official Rules or in any other disruptive manner, with the intent to disrupt or undermine the legitimate operation of the Giveaway or to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. Entrants may not enter with multiple identities or use any automated system, bot or other device or artifice to enter or obtain more than the maximum number of qualified entries. Sponsor reserves the right at its sole discretion to cancel, suspend or terminate any Giveaway for any reason and without prior notice to any entrant and, if terminated, at its discretion, select the winner either by applying the judging criteria, or, if a sweepstakes, in a random drawing from among all eligible, non-suspect entries received prior to action taken, using reasonable means that are materially consistent with the Giveaway and these Official Rules.
Use of Collected Materials and Information. Sponsor will be collecting, storing and exploiting personal data about entrants to administer the Giveaway and exercise its rights hereunder including, without limitation, those relating to marketing and publicity. By entering into the Giveaway, entrants agree to Sponsor’s collection and use of their personal information. Sponsor will not disclose any entrant’s personal information to any non-affiliated third party, except as otherwise stated herein. See Sponsor’s Privacy Policy for more information on Sponsor’s handling of personal information, which can be found at the following link: https://www.cheeksforlife.com/pages/privacy-policy.
Limitation of Liability. If for any reason an entry is confirmed to have been erroneously deleted, lost or otherwise destroyed or corrupted, the Entrant's sole remedy is another entry in the same Giveaway during the Giveaway period listed in the Specific Giveaway. Subject to applicable law, by entering into the Giveaway and potentially receiving a prize, each entrant agrees to release, discharge, indemnify and hold harmless Sponsor and each of its respective affiliates, partners, officers, directors, employees, representatives, agents and assigns (collectively “Releasees”) from and against any claims, causes of action, demands, proceedings, damages, disability, attorneys' fees, and costs of litigation and settlement, as well as liability for any injuries, damages or losses to any person (including death), cost, expense, fee, fine, penalty or other loss or expense of any kind arising directly or indirectly our of entrant’s participation in the Giveaway or any related activity including, without limitation, those arising from: (i) use, redemption, acceptance, possession, ownership, or misuse of any prize, (ii) participation in any activity, event, or excursion offered in connection with the Prize, (iii) use of any facility, service and/or accommodation related to the Prize, (iv) participation in any Sweepstakes-related activity or participation in this Cheeks® Giveaway, or Sponsor’s exploitation of the entrant’s name and/or likeness or fully exploit any other right granted to Sponsor hereunder. The Releasees shall not be liable for: (i) late, lost, delayed, misdirected, incomplete unreadable, inaccurate, garbled or unintelligible entries, communications or affidavits, regardless of the method of transmission; (ii) telephone system, telephone or computer hardware, software or other technical malfunctions, lost connections, disconnections, delays or transmission errors; (iii) data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials; (iv) any injuries, losses or damages of any kind caused by the Prize or resulting from acceptance, possession or use of a prize, or from participation in the Giveaway; or (v) any printing, typographical, administrative or technological errors in any materials associated with this Giveaway. Without limiting the generality of the foregoing, Releasees are not responsible for computer malfunctions, network connections, email delivery problems, systems failure or incompatibility, typographical, technical or key-stroke errors, or interruptions in your internet service, and for incomplete, illegible, misdirected, misprinted, late, lost, damaged or stolen notifications. In the event Sponsor is prevented from conducting the Giveaway as contemplated herein by any event beyond its control, including but not limited to fire, flood, earthquake, explosion, labor dispute or strike, epidemic, pandemic, Act of God or any other cause not reasonably within Sponsor’s control the Giveaway may be temporarily suspended or cancelled, at Sponsor’s sole election.
IN NO EVENT WILL SPONSOR, AND/OR SPONSOR'S PARENTS, SUBSIDIARIES, LICENSEES, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, ASSIGNS, AFFILIATES OR RELATED COMPANIES BE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS) ARISING OUT OF ANY ENTRANT’S PARTICIPATION IN THE GIVEAWAY, THESE OFFICIAL RULES, AND/OR ANY ENTRANT'S RECEIPT, USE, OR MISUSE OF A PRIZE, NO MATTER UNDER WHAT THEORY ARISING, EVEN IF ADVISED OF THE POSSIBLY OF SUCH DAMAGES.
SOME JURISDICTIONS MAY NOT ALLOW THE AFOREMENTIONED LIMITATIONS OR EXCLUSIONS OF LIABILITY AND AS SUCH, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
Disputes and Jurisdiction. All disputes, causes of action and claims connected to or arising in any way under these Official Rules (“Disputes”) will be governed by the internal laws of the State of Florida, without regard to choice of law rules. Venue for any Dispute shall be in the 6th Judicial Circuit, Florida. Decisions of Sponsor are binding and final. No claimant in any Dispute shall be entitled to claim or obtain indirect, punitive, incidental or consequential damages. With regard to any Dispute, all class action suits are hereby waived by the parties hereto, and the parties hereto also hereby waive any right to trial by jury. Sponsor’s failure to enforce any provision in these Official Rules shall not constitute a waiver of any such provision.
