NO PURCHASE NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED.
1. The cake weather “Instagram Luxe Soap” Sweepstakes (“Sweepstakes”) begins 12:00 AM Eastern Time (“ET”) October 21, 2016 and ends 11:59 AM ET October 26, 2016 ("Sweepstakes Period").
2. Open only to legal residents of the 50 United States and the District of Columbia who are 18 years of age or older and who have reached the age of majority in their state of residence at the time of entry.
3. You may enter by following cake weather on Instagram (https://www.instagram.com/cakeweather/), liking the Sweepstakes post and commenting and tagging one other user. You will receive one (1) entry into the Sweepstakes.
Limit one (1) entry per person, per household and per Instagram account, during Sweepstakes Period. If multiple entries are received on any day in excess of the stated limitation from any person or household or Instagram address regardless of method of entry, only the first such entry received from such person or household or Instagram address will be eligible for entry for that day. Submission of erroneous or incomplete information will void the entry. All entries, whether or not selected as a winner, become the property of the Sponsor (as defined below) and will not be acknowledged or returned. Should multiple users of the same Instagram account enter the Sweepstakes and a dispute thereafter arises regarding the identity of the entrant, the authorized account subscriber or authorized account holder of said Instagram account at the time of entry will be considered the entrant and required to comply with these Official Rules and all requirements set forth herein. “Authorized account subscriber” is defined as the natural person who is assigned a handle by Instagram. Use of any automated system and use of any other devices to subvert the entry process to participate is prohibited and will result in disqualification (and all associated entries will be void). In the event of a dispute as to any registration, the Authorized account subscriber will be deemed to be the entrant and he/she must comply with these Official Rules. Potential winners may be required to show proof of being the Authorized account subscriber.
4. A random drawing will be conducted upon conclusion of the Sweepstakes Period, as outlined in the chart below. Odds of winning will depend on the total number of eligible entries received for the applicable drawing.
5. Prize package (1 total) consists of: Two (2) cake weather handcrafted soaps 4 oz. (Estimated Retail Value (“ERV”) $8.50 each) and two (2) On & On Sponges (ERV $14.00 each) Total ERV of all prizes combined is $45.00. Winners will be responsible for all taxes (including federal, state and local taxes) and any other costs and expenses associated with acceptance and use of the prizes not described herein as being awarded. Prizes are not transferable, redeemable for cash, or substitutable except by Sponsor, which reserves the right, at its discretion, to substitute a prize or portion of prize with one of comparable or greater value. All prize details are at the sole discretion of the Sponsor.
6. Employees of cake weather (“Sponsor”) and their respective parents, affiliates, subsidiaries, advertising and promotion agencies, retailers, distributors and suppliers, and the immediate families (spouse, parents, children and siblings and their respective spouses, regardless of where they reside) and individuals living in the same households of such employees, whether or not related, are ineligible to enter or win. Void where prohibited by law. Subject to all applicable federal, state and local laws and regulations.
7. Potential winners will be notified by Instagram and will be required to respond within three (3) business days of date of issuance. If a potential winner is contacted by Instagram, Sponsor will make one (1) attempt to leave one (1) message. In the event that any e-mail to a potential winner is returned as undeliverable, a response is not received within three (3) business days of date of its issuance or a potential winner is not in compliance with these Official Rules, the prize may be forfeited and, at Sponsor’s discretion, an alternate winner may be selected. In the event a potential winner is not in compliance with these Official Rules or the prize or prize notification is returned as undeliverable, the prize may be forfeited and, at Sponsor’s discretion, an alternate winner may be selected.
8. By participating, entrants agree as follows: a) to abide by these Official Rules, and to the decisions of Sponsor and the judging organization, which shall be final and binding in all respects; b) to the use of their names and/or likenesses and/or biographical data by Sponsor and its designees if selected as a winner for advertising, promotional and other purposes in any or all media now or hereafter known throughout the world in perpetuity without compensation, permission or notification (except where prohibited by law); and c) THAT SPONSOR, cake weather, AND ANY OF THEIR RESPECTIVE PARENTS, AFFILIATES, SUBSIDIARIES, ADVERTISING AND PROMOTION AGENCIES, RETAILERS, DISTRIBUTORS AND SUPPLIERS, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, AND EMPLOYEES (COLLECTIVELY, THE “RELEASED PARTIES”) SHALL HAVE NO LIABILITY AND SHALL BE HELD HARMLESS FOR ANY DAMAGE, LOSS OR INJURY TO AN ENTRANT OR ANY THIRD PARTY RESULTING FROM PARTICIPATION IN THIS SWEEPSTAKES OR THE USE OR MISUSE OF ANY PRIZE. PRIZES ARE AWARDED “AS IS” WITHOUT ANY REPRESENTATIONS OR WARRANTIES EXCEPT FOR ANY “IN THE BOX” WARRANTY THAT MAY BE PROVIDED WITH A PRIZE. Released Parties are not responsible for lost, delayed, interrupted or unavailable network, server, cable, satellite, Internet Service Provider (ISP) or other connections, miscommunications, failed phone, computer or telephone transmissions or technical failure, jumbled, scrambled or misdirected transmissions, or other errors or malfunctions of any kind whether computer, network, human, mechanical, electronic, printing, typographical or otherwise relating to or in connection with this Sweepstakes, including, without limitation, errors or problems which may occur in connection with the administration of the Sweepstakes, the processing of entries, the announcement of the prizes or in any Sweepstakes-related materials or for any damage to entrant’s or other person’s computer, hardware or software as a result of participation. Released Parties are also not responsible for entries that are lost, late, incomplete, damaged, inaccurate, stolen, delayed, misdirected, undelivered garbled or delayed by computer transmissions and all such entries are void. Sponsor is not responsible for any prize that is lost, damaged, stolen, delayed, misdirected, or undelivered. Persons found tampering with or abusing any aspect of this Sweepstakes or who are in violation of these Official Rules as solely determined by the Sponsor and/or the judging organization will be disqualified and all associated entries will be void. Every entry must be manually keystroked and manually entered by the individual participant and repetitive automated electronic submission of entries is specifically disallowed. Use of script, macro or automated entry software or programs or any other means that subvert the entry process is prohibited and all such entries will be void. In the event the Sweepstakes is compromised by virus, bugs, worms, non-authorized human intervention or other causes which corrupt or impair the administration, security, fairness or proper play of the Sweepstakes, or if Sweepstakes is unable to run as planned for any other reason, Sponsor reserves the right in its sole discretion to modify, suspend or terminate the Sweepstakes or any portion thereof and/or terminate the participation of any entrant (and void his/her entry/ies) whose conduct potentially compromises the Sweepstakes and at its sole discretion, if terminated, to award the prize(s) for the drawing(s) at issue from among all eligible non-suspect entries received for such drawing(s) prior to the act requiring such termination. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. CAUTION: Any attempt by an entrant to damage the website or 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 and other remedies (including attorneys’ fees) to the fullest extent permitted by law.
9. EXCEPT WHERE PROHIBITED BY LAW, AS A CONDITION OF PARTICIPATING IN THIS SWEEPSTAKES, YOU AGREE THAT A) UNDER NO CIRCUMSTANCES WILL YOU BE PERMITTED TO OBTAIN AWARDS FOR, AND YOU HEREBY WAIVE ALL RIGHTS TO CLAIM, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR ANY OTHER DAMAGES, OTHER THAN FOR ACTUAL OUT OF POCKET EXPENSES, IF ANY; B) ALL CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS SWEEPSTAKES, OR ANY COMPENSATION OR CREDIT TO BE PROVIDED, SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION AND EXCLUSIVELY BY FINAL AND BINDING ARBITRATION UNDER THE AUSPICES OF THE FEDERAL ARBITRATION ACT (“FAA”, Title 9 of the United States Code) IN ACCORDANCE WITH AND PURSUANT TO THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA RULES”); C) THE AAA RULES SHALL GOVERN THE INTERPRETATION, ENFORCEMENT AND ALL PROCEEDINGS AT SUCH ARBITRATION; AND D) JUDGMENT UPON SUCH ARBITRATION AWARD MAY BE ENTERED IN ANY COURT HAVING JURISDICTION. YOU HAVE A RIGHT TO OPT-OUT OF THIS ARBITRATION PROVISION. IF YOU DO NOT AGREE TO THIS MANDATORY ARBITRATION PROVISION WITH REGARD TO THIS SWEEPSTAKES, THEN WITHIN THIRTY (30) DAYS FROM THE DATE OF YOUR ENTRY, YOU MAY OPT-OUT OF THIS, AND ONLY THIS, PART OF THE OFFICIAL RULES BY NOTIFYING THE SPONSOR OF SUCH OPT-OUT REQUEST BY PROVIDING WRITTEN NOTICE AND MAILING SUCH NOTICE TO: cake weather “Instagram Luxe Soap” Sweepstakes – cake weather, Church Street Station, PO Box 958, New York, NY 10008-0958. ANY OPT-OUT RECEIVED AFTER THE THIRTY (30) DAY TIME PERIOD WILL NOT BE VALID AND YOU MUST PURSUE YOUR CLAIM, IF ANY, VIA ARBITRATION PURSUANT TO THESE OFFICIAL RULES. ANY AND ALL CLAIMS, JUDGMENTS, AND AWARD SHALL BE LIMITED TO ACTUAL OUT OF POCKET COSTS INCURRED, IF ANY, AND IN NO EVENT SHALL YOU BE ENTITLED TO RECEIVE ATTORNEYS’ FEES OR OTHER LEGAL COSTS OR EXPENSES. IN THE EVENT THAT YOU OPT-OUT OF THIS MANDATORY ARBITRATION PROVISION, ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS SWEEPSTAKESSHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, AND EXCLUSIVELY BY A FEDERAL OR STATE COURT LOCATED IN NEW YORK, NEW YORK.
IN THE EVENT THAT YOU OPT-OUT OF THIS MANDATORY ARBITRATION PROVISION, ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS SWEEPSTAKES SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, AND EXCLUSIVELY BY A FEDERAL OR STATE COURT LOCATED IN NEW YORK, NEW YORK.
10. Information submitted in connection with the Sweepstakes will be treated in accordance with these Official Rules and Sponsor's Privacy Policy (as may be amended from time to time); provided, that in the event of any conflict between these Official Rules and such Privacy Policy, the terms and conditions of these Official Rules shall prevail.
11. The names of the winners (available after October 26, 2016) and/or a copy of these Official Rules may be obtained by mailing a self-addressed, stamped #10 envelope to: cake weather “Instagram Luxe Soap” Sweepstakes - Winners/Rules (please specify which), cake weather, Church Street Station, PO Box 958, New York, NY 10008-0958, for receipt no later than December 31, 2016.
12. Sponsor: cake weather, Church Street Station, PO Box 958, New York, NY 10008-0958.
