NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE A PERSON’S CHANCES OF WINNING.
AGREEMENT TO OFFICIAL RULES. Participation in the “1 Million Follower” Sweepstakes (“Sweepstakes”) constitutes entrant’s full and unconditional agreement to and acceptance of these Official Rules and the decisions of Smart, LLC d/b/a Chemical Guys (“Sponsor”), 14108 S Western Ave. Gardena, CA 90249. Winning a prize is contingent upon fulfilling all requirements set forth herein. This Sweepstakes is not sponsored, endorsed, or administered by Instagram, and Instagram is not associated with the Sweepstakes in any way. Any questions, comments, or complaints regarding the Sweepstakes must be directed to Sponsor, and not to Instagram. You are providing your information to Sponsor and not to Instagram.
ODDS OF WINNING. The odds of winning depend upon the number of eligible entries received.
ELIGIBILITY. This Sweepstakes is open only to legal residents of the United States (excluding residents of Hawaii and Alaska, but including residents of Washington D.C.) who are 18 years of age or older as of date of entry. All directors, officers and employees of Sponsor and its parent companies, subsidiaries, affiliates, and advertising and promotion agencies, are not eligible to participate in the Sweepstakes, as well as their immediate family members (spouse, parents, siblings, and children and their respective spouses, regardless of where they live) and household members of each such director, officer, or employee, whether or not related, are not eligible to participate in the Sweepstakes. All federal, state and local laws, rules and regulations apply. Void where prohibited by law.
ENTRY PERIOD. The Sweepstakes begins at 9:30:00 AM Pacific Standard Time (“PST”) on December 22 2021, and ends at 11:59:59 PM PST on January 2, 2022 (the “Entry Period”). The Sponsor’s computer system shall be the official timekeeper.
Limit of one (1) Sweepstakes entry during the Entry Period. Sponsor is not responsible for lost, late, incomplete, illegible, invalid, unintelligible or misdirected or stolen entries, which may be disqualified. Any attempt by entrant to obtain more than the permitted number of entries by using multiple/different email addresses, identities, registrations, or any other methods may void your entries and you may be disqualified from the Sweepstakes. In the event of a dispute as to the identity of any entrant, the entry will be deemed submitted by the authorized account holder of the e-mail address associated with the entry. “Authorized account holder” is defined as the natural person who is assigned to an e-mail address by an Internet Access Provider, online service provider, or other organization (e.g., business, educational institute) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Winners may be required to show proof of being the authorized account holder. If a dispute cannot be resolved to the Sponsor’s satisfaction, the potential winner will be disqualified. Sponsor reserves the right to disqualify any individual found, in its sole opinion, to be tampering with the operation of the Sweepstakes, to be acting in violation of these Official Rules or to be acting in an unsportsmanlike manner or with the intent to disrupt the normal operation of a Sweepstakes. CAUTION AND WARNING: ANY ATTEMPT TO DELIBERATELY DAMAGE THE SWEEPSTAKES OR TO UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
DRAWING. Sponsor will hold a random drawing on or about January 3, 2022 from among all eligible Sweepstakes entries received by Sponsor during the Entry Period and will select one (1) potential grand prize winner in the drawing from all eligible entries received.
WINNER VERIFICATION. The potential grand prize winner is deemed to be a potential winner pending verification of his/her eligibility and compliance with these Official Rules as determined by Sponsor, at Sponsor’s sole discretion. A potential winner will be notified by e-mail provided on the entrant’s entry form. Note: phone messages will not be left during the winner notification process. A potential winner is not a winner of any prize until his/her eligibility has been verified, he/she has signed an affidavit of eligibility and liability/publicity release (“Affidavit/Release”), and he/she have received notice from Sponsor that they have won a prize, even if any information on Sponsor’s website on any other location indicates that an entrant has won. If the potential winner cannot be contacted within forty-eight (48) hours after Sponsor attempts notification, is ineligible to win a prize, fails to return any and all requested documentation (including the Affidavit/Release) within the time stated on the notification (whether or not a potential winner actually receives that notification), refuses the prize, or otherwise fails to comply with these Official Rules, then the potential winner forfeits the prize in its entirety. If a potential winner forfeits a prize, Sponsor will select a substitute potential winner by random drawing of the remaining eligible entries. There will be three (3) alternate drawings after which the prize will remain unawarded.
GRAND PRIZE. The grand winner will receive (a) one (1) SUPER73-ZX Trooper Tires Bicycle (approximate retail value (“ARV”) equal to $1,995), and (b) one (1) Sponsor gift code for $750 (ARV equal to $750) to be used on ChemicalGuys.com. ARV of the grand prize is $2,745. Grand prize winner shall bear all risk of loss or damage to grand prize after it has been delivered. Sponsor makes no representations or warranties of any kind concerning the appearance, safety or performance of any prize. Grand prize winner must look to the express manufacturer’s warranty (if any) included with the prize. Gift card prizes are subject to terms and conditions of applicable gift card. All prize details are at Sponsor’s sole discretion. Prizes are non-transferable and non-assignable, and will be provided only to the winner, with no substitutions except at the Sponsor’s sole discretion. The winner is fully responsible for any and all applicable federal, state, and local taxes associated with prize use or acceptance. All costs and expenses associated with prize acceptance and use not specified herein are the sole responsibility of the applicable winner. No interest will be paid on any prize. Other restrictions may apply.
RELEASE AND LIMITATION OF LIABILITY. By participating in the Sweepstakes, entrants agree to release and hold harmless Sponsor, Instagram and each of their respective parent companies, subsidiaries, affiliates, and advertising and promotion agencies, and their respective directors, officers and employees of each of the foregoing (the “Released Parties”) from and against any claims, costs, injuries, losses and damages of any kind (including, without limitation, reasonable attorneys’ and investigation fees, expert and consultant fees, and other litigation costs) (collectively, “Losses”), arising out of or in connection with the Sweepstakes, whether under a theory of contract, tort (including negligence), warranty or other theory, including: (a) lost, late, incomplete, stolen, misdirected, postage due, or undeliverable email notifications or postal mail; (b) any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections or availability; or garbled, corrupt or jumbled transmissions, service provider/Internet/Website/UseNet accessibility, availability or traffic congestion; (c) any technical, mechanical, printing, or typographical or other error; (d) unauthorized human intervention in the Sweepstakes; (e) any prize that has been lost or stolen after being received by the recipient; (f) inaccurate capture of registration information, or the failure to capture, or loss of, any such information; (g) injury or damage to any person or property that may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes or acceptance, receipt, use, or misuse of any prize, including any and all applicable federal, state, and local taxes; and (h) any claims based on publicity rights, copyright/trademark infringement, intellectual property rights, defamation or invasion of privacy and merchandise delivery. If, for any reason, an entry is confirmed to have been erroneously deleted, lost or otherwise destroyed, corrupted or for any other reason not accepted as an entry in the Sweepstakes, entrant’s sole remedy is to enter the Sweepstakes again and to receive another entry. If for any reason, Sponsor believes the Sweepstakes is not capable of running as planned, Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify or suspend the Sweepstakes and/or proceed with the Sweepstakes, including the selection of winners in a manner it deems fair and reasonable. In the event that entrant breaches any of these Official Rules, Released Parties shall be entitled to and may seek indemnification, to the extent permitted by law, from entrant for recovery of all losses that may be incurred by Released Parties as a result of the aforementioned breach. Entrants further 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 hereunder 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.
MISCELLANEOUS. The decisions of Sponsor are final with respect to all aspects of this Sweepstakes. The Sweepstakes and these Official Rules will be governed, construed, and interpreted under the laws of the State of California, without regard to choice of law principles. Except where prohibited, entrant agrees that: (a) 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 the United States District Court for the Central District of California in Los Angeles, California, or the Superior Court of California, County of Los Angeles, Metropolitan Courthouse, in Los Angeles, 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 Sweepstakes, 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. For purposes of these Official Rules, (i) the words “include,” “includes” and “including” shall be deemed to be followed by the words “without limitation”; (ii) the word “or” is not exclusive; and (iii) the words “herein,” “hereof,” “hereby,” “hereto,” and “hereunder” refer to these Official Rules as a whole. In the event of any conflict with any Sweepstakes details contained in these Official Rules, and Sweepstakes details contained in any promotional materials (including, but not limited to, point of sale, television and print advertising, promotional packaging and other promotional media), the details of the Sweepstakes as set forth in these Official Rules shall prevail.
WINNERS LIST. To obtain a list of the names of the winners (first name, first initial of last name), interested individuals should send a self-addressed stamped envelope to be received by June 30, 2022 to: Smart, LLC, c/o 1 Million Follower Sweepstakes, 14108 S Western Ave. Gardena, CA 90249.
SPONSOR. Smart, LLC, 14108 S Western Ave. Gardena, CA 90249
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