OFFICIAL RULES
NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.
TO BE ELIGIBLE TO PARTICIPATE AND WIN A PRIZE (AS THAT TERM IS DEFINED BELOW), YOU MUST LIVE IN ONE (1) OF THE FOLLOWING TEN (10) CITIES SERVICED BY FOOJI AND/OR KANGA (“FULFILLMENT PARTNER”) AND MUST SATISFY THE OTHER ELIGIBILITY REQUIREMENTS SET FORTH BELOW; MANHATTAN, NY; LOS ANGELES, CA; SAN FRANCISCO, CA; OAKLAND, CA; LAS VEGAS, NV; PHILADELPHIA, PA; PITTSBURGH, PA; SEATTLE, WA; BOSTON, MA; OR MIAMI, FL WHICH FULFILLMENT PARTNER LOCATIONS CAN BE FOUND AT https://zulily.fooji.com/#delivery-zones AND MUST SATISFY THE OTHER ELIGIBILITY REQUIREMENTS SET FORTH BELOW. INDIVIDUALS WHO HAVE RECEIVED A PRIZE IN THE ZULILY WHITE ELEPHANT GIFT SERVICE EVENT ARE INELIGIBLE TO PARTICIPATE IN THIS PROMOTION AND/OR RECEIVE A PRIZE.
BY PARTICIPATING IN THIS PROMOTION, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE PARTICIPATING. WITHOUT LIMITATION, THIS CONTRACT PROVIDES FOR INDEMNIFICATION OF THE SPONSOR BY YOU, A CLASS ACTION AND JURY TRIAL WAIVER, A REQUIREMENT THAT MOST DISPUTES BE SETTLED BY MANDATORY BINDING ARBITRATION, AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
1) Promotion Entry Period: The zulily - #zulilygiftsweepstakes Promotion (the “Promotion”) will take place between 12pm EST and 8pm EST on Wednesday December 5th, 2018 and between 12pm EST and 8pm EST on Thursday December 6th, 2018 and ends at 8pm EST on Wednesday December 5th, 2018 and Thursday December 6th, 2018 or when all available Prizes are issued by Sponsor, whichever comes first (the “Promotion Period”). At approximately 12pm EST on Wednesday December 5th, 2018 and Thursday December 6th, 2018, Sponsor will tweet a call to action from the @zulily Twitter handle (the “CTA Tweet”). As soon as the CTA Tweet is issued, eligible entrants may participate in the Promotion as provided herein.
2) Eligibility: To be eligible to receive a Prize, entrants must, at the time of entry, meet all of the following requirements: (i) be legal residents of the fifty (50) United States or the District of Columbia who reside in one (1) of the following ten (10) cities: Manhattan, NY; Los Angeles, CA; San Francisco, CA; Oakland, CA; Las Vegas, NV; Philadelphia, PA; Pittsburgh, PA; Seattle, WA; Boston, MA; or Miami, FL serviced by Fulfillment Partner at one of the locations identified in the link above (collectively, the “Territory”); (ii) be 18 years of age or older and the age of majority in the entrant’s jurisdiction as of the date and time of participation; and (iii) are registered users of Twitter (each, a “Participant(s)”). Employees, officers, directors and agents of zulily, Fooji, Inc. (“Fooji,” “Sponsor” or “Administrator”), Fulfillment Partner, any other company involved in the presentation, administration or fulfillment of the Promotion, and their respective subsidiaries, affiliated companies, and divisions (collectively, the “Promotion Entities”) and each of their immediate family members (defined as any spouse, partner, parent, legal guardian, sibling, child, legal ward, grandparent, or grandchild, regardless of where they reside) and/or those living in the same household of any such person (whether or not related) are not eligible for the Promotion. Void outside the Territory and where prohibited or restricted by law.
3) Sponsor: The Sponsor and Administrator of the Promotion is Fooji, Inc. located at 257 E. Short St. Suite 200, Lexington, KY 40507.
4) How To Participate in the Promotion: After the CTA Tweet is made, during the Promotion Period, to participate, send an @reply on the Twitter platform to @zulily with the emoji specified in the CTA Tweet along with the hashtag #zulilygiftsweepstakes (“Required Hashtag”) (each, a “Participation Tweet”). If the Promotion is still ongoing when your Participation Tweet is received by @zulily, you will receive a link tweeted back to you that directs you to the online registration form. Then, you must click the link and follow the instructions provided on the page to fully complete the registration form by providing your name, physical address, email address, and phone number and submit to Fooji a completed registration form for its receipt to receive one (1) entry for a chance to win. A maximum of one (1) Prize will be awarded per person, per Twitter account and per delivery address in connection with the Promotion throughout the Promotion Period. Sponsor may, in its sole discretion, accept or reject any purported Participation Tweet that does not include both the required emoji as set forth in the CTA Tweet and the Required Hashtag. Purported Participation Tweets that are incorrect or incomplete, received outside the Promotion Period (including after all Prize(s) have been redeemed), or that contain obscene, offensive, or any other language communicating messages inconsistent with the positive images with which Sponsor wishes to associate itself (all as determined by Sponsor in its sole discretion) will be void and disqualified. Sponsor is not responsible for misspellings, typographical errors, or other issues that may affect the ability to locate or record a purported Participation Tweet. Due to the way Twitter operates its service, Fooji may not be able to view or record purported Participation Tweets, receive or send communications, or otherwise detect participation from or interact with potential Participants who have Twitter account settings that make their updates, comments, posts or communications private, protected, or otherwise limited, in which case any such purported Participant will be disqualified and ineligible to receive a Prize. Normal Internet access and phone/usage charges imposed by your online/phone service may apply. Each Participation Tweet and registration form entry (if applicable) must be manually key stroked and manually entered by the individual Participant; automated and/or repetitive submission of Participation Tweets or registration forms (including but not limited to entries made using any script, macro, bot or sweepstakes service) will be disqualified.
THIS PROMOTION IS IN NO WAY SPONSORED, ENDORSED, OR ADMINISTERED BY OR ASSOCIATED WITH TWITTER, INC.
NOTE ABOUT MOBILE DATA AND MESSAGING CHARGES: When you participate in the Promotion via a mobile device and/or download or transmit data via your mobile device, data and messaging rates may apply according to the terms and conditions of your service agreement with your wireless carrier. Other charges may apply (such as normal airtime and carrier charges) and may appear on your mobile phone bill or be deducted from your prepaid account balance. Wireless carriers' rate plans may vary, and you should contact your wireless carrier for more information on rate plans and charges relating to your participation in this Promotion. Check your mobile device’s capabilities for specific instructions.
5) Prizes: Each of the ten (10) participating cities will have their own specific list and quantity of prizes available to be awarded (as further outlined in the chart below) (each a “Prize”). Verified prize winners will have the opportunity to receive the Prize specified in the prize communication they receive from Fooji, OR the prize winner can elect to receive an alternate mystery gift which will be one of the other Prizes outlined in the chart below for the applicable city from which the winner resides. All federal, state and local taxes and all other expenses not expressly listed in these Official Rules are the sole responsibility of the winners. Prizes are nontransferable and may not be substituted or redeemed for cash by winners. Sponsor reserves the right to substitute any Prize for one of comparable or greater value. Prize type(s) and components will be selected by Sponsor or its representatives in its/their sole discretion. Actual retail value of the Prizes may vary, including variations based on the Participants’ location. Total ARV of all Prizes available in this Promotion: $17,373.25. Winners will also have the opportunity to enter a winner-only sweepstakes for a chance to win an additional prize. For details, see full official rules below.
Product Name | Approximate retail value | Manhattan, NY | Miami, FL | Los Angeles, CA | Oakland, CA | San Francisco, CA | Seattle, WA | Philadelphia, PA | Pittsburgh, PA | Las Vegas, NV | Boston, MA |
---|---|---|---|---|---|---|---|---|---|---|---|
Two Elephants - Hairy Belly Belt Bag | $29.99 | 0 | 20 | 20 | 20 | 20 | 20 | 10 | 20 | 20 | 20 |
Sourcebooks Trade - 52 Things to Do While You Poo Paperback | $10.99 | 0 | 10 | 10 | 10 | 10 | 10 | 15 | 15 | 13 | 12 | Chronicle Books - How to Swear Around the World Paperback | $13.00 | 0 | 10 | 10 | 10 | 10 | 10 | 15 | 15 | 13 | 12 | GAMAGO -Narwhal Neck Pillow | $19.99 | 0 | 6 | 10 | 5 | 5 | 10 | 10 | 10 | 10 | 10 | Bag of Farts - Bag of Unicorn Farts | $10.99 | 0 | 8 | 8 | 8 | 8 | 8 | 8 | 8 | 8 | 8 | Sockasm - 'This Guy Needs a Beer' Socks | $14.00 | 0 | 10 | 7 | 7 | 7 | 7 | 7 | 7 | 7 | 7 | Big Mouth inc. - Toilet Bowl Mug | $12.99 | 5 | 5 | 5 | 5 | 5 | 5 | 7 | 5 | 5 | 5 | BigMouth Inc. - Garden Gnome Massacre | $25.00 | 5 | 5 | 5 | 5 | 5 | 5 | 7 | 5 | 5 | 5 | Ellembee - You're Gauc' Dish Towel | $12.00 | 5 | 5 | 5 | 5 | 5 | 5 | 7 | 5 | 5 | 5 | Hachette Book Group - Art of Coloring: The Golden Girls Coloring Book | $15.99 | 5 | 5 | 5 | 5 | 5 | 5 | 7 | 5 | 5 | 5 | Bag of Farts - Bag of Reindeer Farts | $10.99 | 5 | 5 | 5 | 5 | 5 | 5 | 7 | 5 | 5 | 5 | GAMAGO - Cat Lady Car Sticker Set | $9.99 | 5 | 5 | 5 | 5 | 5 | 5 | 7 | 5 | 5 | 5 | Streamline - Ceramic Unicorn Mug | $11.99 | 5 | 5 | 5 | 5 | 5 | 5 | 7 | 5 | 5 | 5 | thumbsUp! - Fishing for Floaters | $14.99 | 5 | 5 | 5 | 5 | 5 | 5 | 7 | 5 | 5 | 5 | thumbsUp! - Bubble Wrap Hoodie & Pants Costume | $20.99 | 5 | 7 | 7 | 7 | 7 | 0 | 6 | 5 | 5 | 0 |
6) Winner Selection: Odds of winning a Prize in this Promotion depend on the number of Participants and your timing of participation in relation to other Participant’s participation. Fooji will be the official time keeping device for the Promotion and all decisions by the Sponsor regarding the timing of entries and the order in which they are received will be final and binding. Prizes will be randomly assigned to specific winning times throughout the Promotion Period. During the Promotion Period, if you are the first to post an eligible Participation Tweet at a randomly selected winning time (as determined by Sponsor) or if no one plays at such time and your game play is the first submitted thereafter (as determined by Sponsor), you will receive a winning notification from Sponsor via Twitter direct message indicating that you are a potential prize winner. Participants selected as winners are limited to one (1) Prize per person, per Twitter account, and per delivery address during the Promotion Period. Prizes will be facilitated through Fooji’s emoji-based ordering system on Twitter. Local merchants that participate in the Fulfillment Partner network may provide fulfillment and delivery of the Prize(s). Prize availability may vary and is not guaranteed in all areas. Except as determined by Sponsor in its sole discretion, no substitution of any Prize is offered, no transfer of Prize to a third party is permitted, and non-cash Prizes may not be redeemed for cash value. AS SET FORTH ABOVE, YOU MUST RESIDE IN THE TERRITORY IN ORDER TO BE ELIGIBLE TO PARTICIPATE IN THIS PROMOTION AND BE ELIGIBLE FOR A PRIZE. Prizes will be awarded and delivered only to addresses within the United States that are serviced by Fulfillment Partner. Verified Prize winners will be solely responsible for all applicable federal, state and local taxes on Prizes. All expenses associated with the receipt and use of a Prize not specifically mentioned herein are solely the responsibility of the winners. Sponsor is not responsible for any delay or cancellation of the Prize delivery due to unforeseen circumstances, or those outside of Sponsor’s control. If the fulfilling merchant cancels the order for reasons out of Sponsor’s control, the Prize will not be delivered and no additional compensation will be provided. Potential winners are subject to verification and may be required to sign and return to Sponsor for its receipt within three (3) business days an Affidavit of Eligibility/ Liability Release with (where lawful) a publicity release for receipt by Sponsor by the due date indicated in the notification message. If any required documents are not timely received by Sponsor, or if any message or mail intended for a winner is returned as undeliverable, then the applicable Prize may be may be forfeited.
7) General Rules / Limitations of Liability: By participating in the Promotion, Participants agree to be bound by these Official Rules and the decisions of the Sponsor which shall be final in all respects. Participation in the Promotion constitutes permission for the Sponsor and its designees to use the Participant’s name, likeness, voice, biographical information, prize information, quotes attributable to Participant, and any other elements of Participant’s persona for purposes of advertising and trade in any and all media now known or otherwise developed without further compensation or review, including a Participant list to be used by Fooji and its partners to re-target participants via email or the Fooji app, unless prohibited by law. By clicking “Order Now,” Participants authorize Fooji or their Fulfillment Partners to send text messages or phone calls notifying Participants of delivery details for their order. Participants agree that Fooji or the Fulfillment Partner may send the notice to the telephone number the Participant provides during the registration process, and Participants understand notifications will be sent using automatic dialing technology. Participants understand that they are not required to agree to receive such messages as a condition of participationIn the event there is a discrepancy or inconsistency between disclosures or other statements (in any and all media) contained in any Promotion materials and the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control. Sponsor and the other Promotion Entities assume no responsibility or liability for (a) any incorrect or inaccurate entry information, or for any faulty, failed, garbled or jumbled electronic data transmissions; (b) any unauthorized access to, or theft, destruction or alteration of entries at any point in the operation of this Promotion; (c) any technical malfunction, failure, error, omission, interruption, deletion, defect, delay in operation or communications line failure, regardless of cause, with regard to any equipment, systems, networks, lines, satellites, servers, computers, software or providers utilized in any aspect of the operation of the Promotion; (d) inaccessibility or unavailability of the Internet or the Twitter platform or any combination thereof, or; (e) any injury or damage to Participant's or to any other person's computer which may be related to or resulting from any attempt to participate in the Promotion. The Sponsor and other Promotion Entities are not responsible for the failure of any order to be received for any reason or for any delay in the processing or failure to process any order or entries. The Sponsor reserves the right at its sole discretion to disqualify any individual that tampers or attempts to tamper with the order process or the operation of the Promotion; violates the Official Rules; is suspected of cheating, fraud, or acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Any Participant who uses or is suspected of using cheating, fraudulent means, unauthorized ordering methods, or otherwise attempts to participate multiple times, or with multiple identities, Twitter accounts, and/or addresses will be disqualified. Any attempt by any person to undermine the legitimate operation of the Promotion may be a violation of criminal and civil law, and, should such an attempt be made, the Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. The Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that or any other provision. If, for any reason, the Promotion is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, changes to the Twitter platform that are not acceptable to Sponsor, or any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Promotion, then the Sponsor reserves the right in its sole discretion to cancel, modify, suspend or terminate the Promotion in whole or in part. TO THE FULLEST EXTENT PERMITTED BY LAW, AS A CONDITION OF ENTRY INTO THE PROMOTION, ALL PARTICIPANTS AGREE TO RELEASE, INDEMNIFY AND HOLD HARMLESS THE SPONSOR AND OTHER PROMOTION ENTITIES FROM AND AGAINST ANY AND ALL LIABILITY, CLAIMS OR ACTIONS OF ANY KIND WHATSOEVER FOR INJURIES, DAMAGES, OR LOSSES TO PERSONS OR PROPERTY WHICH MAY BE SUSTAINED IN CONNECTION WITH: PARTICIPATING IN ANY ASPECT OF THE PROMOTION; THE RECEIPT, OWNERSHIP OR USE OF ANY PRIZE AWARDED; PREPARING FOR, PARTICIPATING IN OR TRAVELING TO AND/OR FROM ANY PRIZE- RELATED OR PROMOTION-RELATED ACTIVITY, OR; ANY TYPOGRAPHICAL OR OTHER ERROR IN THESE OFFICIAL RULES OR ANY CTA TWEETS OR OTHER ANNOUNCEMENTS RELATING TO THE PROMOTION. THE WINNERS SHALL BEAR ALL RISK OF LOSS OR DAMAGE TO THEIR PRIZE AFTER THEY HAVE BEEN DELIVERED. SPONSOR AND THE OTHER PROMOTION ENTITIES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE APPEARANCE, SAFETY OR PERFORMANCE OF ANY PRIZE(S).
BY ENTERING THE PROMOTION, PARTICIPANT AGREES THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE PROMOTION, OR ANY PRIZE(S) AWARDED WILL BE LIMITED TO ACTUAL, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; AND (2) UNDER NO CIRCUMSTANCES WILL ANY PARTICIPANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND PARTICIPANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES (OTHER THAN ACTUAL OUT-OF-POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($10.00)) AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED. SOME JURISDICTIONS DO NOT ALLOW THE FOREGOING LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
Without limiting any other provision in these Official Rules, the Promotion Entities are not responsible or liable to any Participant or winner (or any person claiming through such Participant or winner) for failure to supply the prize or any part thereof in the event that any of the Promotion activities or Promotion Entities’ operations or activities are affected by any cause or event beyond the sole and reasonable control of the applicable Promotion Entity (as determined by Sponsor in its sole discretion), including, without limitation, by reason of any acts of God, equipment failure, threatened or actual terrorist acts, air raid, act of public enemy, war (declared or undeclared), civil disturbance, insurrection, riot, epidemic, fire, explosion, earthquake, flood, hurricane, unusually severe weather, blackout, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, any law, rule, regulation, action, order, or request adopted, taken, or made by any governmental or quasi-governmental entity (whether or not such governmental act proves to be invalid), or any other cause, whether or not specifically mentioned above.
EACH PARTICIPANT UNDERSTANDS AND AGREES THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY OF THE UNITED STATES ARE HEREBY EXPRESSLY WAIVED BY HIM/HER AGAINST THE PROMOTION ENTITIES. SECTION 1542 READS AS FOLLOWS:
“CERTAIN CLAIMS NOT AFFECTED BY A GENERAL RELEASE. 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.”
8) Food Allergy Notice: By entering the Promotion, each Participant acknowledges and agrees that any food-related Prize(s) offered in the Promotion may contain milk, eggs, wheat, soybean, peanuts, and tree nuts. Participants agree that the Promotion Entities will have no liability whatsoever to, and will be released and held harmless by, the Participants for any and all food allergy-related complications that may result from exposure to food-related Prize(s) offered in this Promotion or otherwise ordered through Fooji.
9) Privacy Policy: By entering the Promotion, Participants agree that any personal information submitted by Participants may be used and shared by Sponsor subject to Fooji’s privacy policy posted at https://www.fooji.com/privacy/
10) Governing Law / Disputes/ Arbitration: By entering the Promotion, you agree that, subject to the Federal Arbitration Act, all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of Participants or the Promotion Entities in connection with the Promotion will be governed by and construed in accordance with the internal laws of the State of California, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s laws. The federal Arbitration Act governs the interpretation and enforcement of the arbitration provisions of these Official Rules.
By entering the Promotion, you further agree that all disputes arising between you and Sponsor or Administrator (or their respective affiliates, officers, directors, employees, agents and representatives) in connection with the Promotion or any prize offered or awarded in the Promotion will be resolved only through arbitration on an individual, non-representative basis as provided in this Section; provided, however, that you, Sponsor and Administrator shall be entitled to seek injunctive or equitable relief in the state and federal courts in Los Angeles County, California, and any other court with jurisdiction over the parties for infringement or other misuse of intellectual property rights (such as trademark, trade dress, copyright or patent rights). Moreover, you, Sponsor or Administrator may, notwithstanding the agreement to arbitrate set forth in this section, bring qualifying claims in small claims court so long as the matter remains in such court and advances only on an individual, non-representative basis. In arbitration, there is no judge or jury and review is limited. The arbitrator’s decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. You, Sponsor and Administrator agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to this Promotion or any prize awarded or offered in the Promotion shall be resolved solely by binding arbitration before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. (“JAMS”) or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a “Demand for Arbitration”, then either party can elect to have the arbitration administered by the American Arbitration Association (“AAA”) or any other mutually agreeable arbitration administration service. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, that if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable with respect to one or more particular claims for relief, then, notwithstanding the severability provision set forth in Section 11 below, the applicable claim(s) must be severed from the arbitration and must be brought in a court of competent jurisdiction in Los Angeles County, California. All other claims shall be arbitrated in accordance with this Section. Under no circumstances do you, Administrator, or Sponsor agree to class or collective procedures in arbitration or to the joinder of claims in arbitration. If the arbitrator finds that you cannot afford to pay the arbitration forum’s filing, administrative or hearing fees and you cannot obtain a waiver from the arbitration forum, then Sponsor agrees to pay such fees for you in order to conduct the arbitration (but specifically excluding any travel or other costs of Participant to attend the arbitration hearing). To the fullest extent permitted by applicable law, in no event shall any Participant seek or be entitled to rescission, injunctive or other equitable relief or to enjoin or restrain the operation or exploitation of this Promotion, any motion picture, any advertising or other materials issued in connection with the Promotion or any motion picture, or any other Promotion Entity property.
11) Severability: If any term of provision of these Official Rules is found under the law to be invalid or unenforceable, then such specific term or provision shall be of no force and effect and shall be severed and the remainder of these Official Rules shall continue in full force and effect.
12) Winners List: For a winners’ list, no later than 60 days after the close of the Promotion, send an email request with the name of the Promotion to hello@fooji.com or mail your request together with a self-addressed stamped envelope to #zulilygiftsweepstakes Winner’s List Sponsor at the address noted in Section 3 above.
13) Questions? If you have any questions, you may contact us at help@fooji.com.
Terms and Conditions
Offer Period: The zulily White Elephant Gift Service Event will be available at Bryant Park (39th Street between 5th and 6th Avenues in Manhattan, NY) on December 5, 2018 between 1:00 p.m. ET and 6:00 p.m. ET and Madison Square Park (26th Street between Broadway and 6th Avenues in Manhattan, NY) on December 6, 2018 between 1:00 p.m. ET and 6:00 p.m. ET on a first-come, first-served basis each day or while supplies last, whichever occurs first (“Offer Period”).
How to Redeem Offer: During the Offer Period, locate the zulily White Elephant street team and van at the specified location(s) and follow the instructions provided from street team members to receive one (1) White Elephant gift from the trunk of various gifts, while supplies last. Four hundred and sixty (460) gifts will be available to be awarded on a first-come, first-served basis throughout the Offer Period. There are limited supplies of gifts, as outlined in the chart below. Recipients will receive their gift from a zulily White Elephant street team member. The exact gift awarded to each individual will be determined by the zulily White Elephant street team member(s) in their sole discretion.
Prize Description | Approximate retail value | Quantity Available |
---|---|---|
Two Elephants - Hairy Belly Belt Bag | $29.99 | 40 | Sourcebooks Trade - 52 Things to Do While you Poo Paperback | $10.99 | 30 | Chronicle Books - How to Swear Around the World Paperback | $13.00 | 40 | GAMAGO -Narwhal Neck Pillow | $19.99 | 25 | Little Stinker - Bag of Unicorn Farts | $10.99 | 35 | Sockasm - 'This Guy Needs a Beer' Socks | $14.00 | 30 | Sockasm - 'This Guy Needs a Beer' Socks | $14.00 | 30 | Big Mouth inc. - Toilet Bowl Mug | $12.99 | 25 | BigMouth Inc. - Garden Gnome Massacre | $25.00 | 30 | Ellembee - You're Gauc' Dish Towel | $12.00 | 25 | Hachette Book Group - Art of Coloring: The Golden Girls Coloring Book | $15.99 | 25 | Little Stinker – Bag of Reindeer Farts | $10.99 | 20 | GAMAGO - Cat Lady Car Sticker Set | $9.99 | 25 | Little Stinker – Bag of Reindeer Farts | $10.99 | 20 | Streamline - Ceramic Unicorn Mug | $11.99 | 30 | thumbsUp! - Fishing for Floaters | $14.99 | 30 | thumbsUp! - Bubble Wrap Hoodie & Pants Costume | $20.99 | 25 | Ellembee - Black Jack Dealer' Dish Towel | $12.00 | 25 | Total Gifts | 460 |
Limit of one (1) gift per person throughout the Offer Period. Lost or stolen gifts will not be replaced. Participants must comply with all venue rules and regulations. Failure to do so may result in forfeiture of gift and/or removal from venue. All federal, state and local taxes and all other costs associated with gift acceptance and use not specified herein as being provided, including any/all transportation to offer location are the sole responsibility of the gift recipients. In the event the supply of gifts at the zulily White Elephant street team van location is exhausted on any day prior to 6:00 p.m. ET, the offer will no longer be provided and zulily, llc (“zulily”) will have no further obligation to participants in attendance.
General Conditions: Offer may be withdrawn at any time without prior notice. In the event of such early termination, a notice will be provided on the zulily Twitter handle, @zulily ( https://twitter.com/zulily). zulily reserves the right to alter or modify the offer at its discretion. Not combinable with any other offer and cannot be redeemed for cash. Not transferable. No groups, clubs, newsletters or organizations can participate in this offer. Released Parties (as defined below) are not responsible for errors of any kind whether human, mechanical, typographical, printing or otherwise relating to or in connection with the offer, including, without limitation, errors which may occur in connection with the administration of the offer, the production or craftsmanship of gifts, or in any other offer-related materials or for any damage to or loss of the gifts. Persons who tamper with or abuse any aspect of the offer, as solely determined by zulily, will be disqualified. Should any portion of the offer be, in zulily’s sole opinion, compromised by non-authorized human intervention or other causes, which, in the sole opinion of zulily, corrupt or impair the administration, security, or fairness, zulily reserves the right at its sole discretion to terminate the offer. CAUTION: Any attempt by any person to deliberately undermine the legitimate operation of this offer is in violation of criminal and civil laws and should such an attempt be made, zulily reserves the right to seek damages and other remedies (including attorneys’ fees) from any such individual to the fullest extent permitted by law. By participating, you agree (i) to be bound by these Terms and Conditions, and the decisions of zulily which are final and binding, and (ii) to release and hold harmless zulily, and their subsidiaries, affiliates, divisions, retailers and advertising and promotion agencies and all of their respective officers, directors, employees and agents (collectively, “Released Parties”) against, any liability, for any injuries, losses or damages of any kind, including death, to persons, or property resulting in whole or in part, directly or indirectly, from participation in this offer. Offer is subject to all applicable federal, state and local laws. Offered by zulily, llc, 2601 Elliott Ave, Suite 200, Seattle, WA 98121.
OFFICIAL RULES
NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
The zulily White Elephant Winner Sweepstakes (the "Sweepstakes") starts on December 5th, 2018 at 12:00pm Eastern Time ("ET") and ends on December 9th, 2018 at 11:59pm ET ("Sweepstakes Period"). This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Facebook or Instagram. You understand that you are providing your information to Sponsor and not to Facebook or Instagram.
ELIGIBILITY: Sweepstakes is solely open to legal residents of the United States and the District of Columbia, who are (i) the age of majority in their state of residence and at least 18 years of age as of date of entry; and (ii) verified and confirmed winners of a prize in the zulily - #zulilygiftsweepstakes Promotion that concluded on December 6, 2018. Employees of zulily, llc ("Sponsor"), its subsidiaries, affiliates, promotion and advertising agencies, and members of their immediate families (spouse and parents, children and siblings and their respective spouses, regardless of where they reside) and persons living in the same household, whether or not related, of such employees, are not eligible to enter or win. Void where prohibited by law. Sweepstakes is subject to all applicable federal, state and local laws. Members living in the same household of an employee of Sponsor or any entity identified above, whether or not related are not eligible to enter or win.
HOW TO ENTER: During the Sweepstakes Period, there are two (2) ways to enter. 1) Social Share: Log-in to your Facebook or Instagram account and post/share a photo that displays the prize you received from the zulily - #zulilygiftsweepstakes Promotion and include the hashtag #zulilygiveaway in your post to receive one (1) entry. Or 2) Mail-in: To receive one (1) entry without sharing a photo of your White Elephant prize, send a postcard with your first name, last name, home address, home phone, email address to: zulily White Elephant Winner Sweepstakes Entry Request, zulily, llc, 2601 Elliott Ave #200, Seattle, WA 98121 c/o Social Media Marketing.
Limit of one (1) per person using only one (1) social media account, regardless of method of entry. All electronic entries must be received by Sponsor by December 9th, 2018 at 11:59pm ET to be eligible. All postcard entries must be postmarked by December 9th, 2018 and received by 13th to be eligible. If you choose to enter using your mobile phone, standard wireless data rates may apply. See your wireless provider for pricing plan details. Entries generated by script, macro, or other automated means or practices, any/all posts or entry requests via Facebook or Instagram, or entries by any means which subvert the entry process will be void. Entries received from any person in excess of the stated limitation will be void. Entries will not be acknowledged or returned. Sponsor’s database clock will be the official timekeeper for this Sweepstakes.
Your entry may not contain any content that the Sponsor, in its sole discretion, determines to be:
The Sponsor reserves the right to reject any entry which Sponsor determines, in its sole and absolute discretion, does not meet the above criteria or is otherwise offensive or is not in keeping with the Sponsor’s image and reputation.
WINNER SELECTION: On or about December 14th, 2018, Sponsor will select one (1) potential winner in a random drawing from all eligible entries received throughout the Sweepstakes Period. Odds of winning depend on the number of eligible entries received from among all eligible entries received throughout the Sweepstakes Period. Your chances of winning the Sweepstakes are the same under either method of entry.
WINNER NOTIFICATION: On or about December 14th 2018, the potential winners will be notified via direct message or comment on Facebook or Instagram. The potential winner will be required to message zulily within a time period specified by Sponsor or the prize will be forfeited and Sponsor will have no further obligation to such winner. Upon receiving the message, zulily will request additional information from a potential winner. A potential winner will be instructed to provide his/her full name, date of birth, city and state of residence, and email address. Potential winner may be required to complete an Affidavit of Eligibility, Liability and Publicity Release (unless prohibited by law) and any other documents required by Sponsor, which must be returned to and received by Sponsor within seven (7) calendar days of issuance. Return of prize notification as undeliverable, failure to sign and return requested documentation within the specified time period, the inability of Sponsor to contact the potential winner within a reasonable time period or noncompliance with these Official Rules by the potential winner may result in disqualification and, at Sponsor's sole discretion, the prize may be awarded to an alternate winner randomly selected from among all remaining eligible entries received. Once the winner has met any requirements of this paragraph, the prize will be sent to the winner.
PRIZE (1): A $450 zulily gift card, electronically added to the winner’s zulily account as a credit. Approximate Retail Value (“ARV”): $450.
Credit subject to certain terms and conditions as specified by Sponsor. All federal, state, and local taxes and all other costs and expenses associated with prize acceptance and use not specified herein as being provided are the sole responsibility of the winner. Prize is awarded "as is" with no warranty or guarantee, either express or implied by Sponsor. Winner may not substitute, assign or transfer prize or redeem prize for cash, but Sponsor reserves the right, at its sole discretion, to substitute prize (or portion thereof) with one of comparable or greater value. Released Parties (as defined below) disclaim any and all liability for the actual provision, quality or nature of the prize (or portion thereof) accepted by the winner. All prize details are at Sponsor's sole discretion.
GENERAL CONDITIONS: By participating, each entrant agrees: (a) to abide by these Official Rules and decisions of Sponsor, which shall be final and binding in all respects relating to this Sweepstakes; (b) to release, discharge and hold harmless Sponsor, Facebook, Instagram, and their respective parents, affiliates, subsidiaries, and advertising and promotion agencies, and each of their respective officers, directors, shareholders, employees, agents and representatives of the foregoing (collectively, "Released Parties") from any and all injuries, liability, losses and damages of any kind to persons, including death, or property resulting, in whole or in part, directly or indirectly, from entrant's participation in the Sweepstakes or any Sweepstakes-related activity or the acceptance, possession, use or misuse of the awarded prize; (c) to the use of his/her name, city and state of residence, photograph, image, voice and/or likeness and prize information for programming, advertising, publicity and promotional purposes in any and all media, now or hereafter known, worldwide and on the Internet, and in perpetuity by Sponsor and its designees, without compensation (unless prohibited by law) or additional consents from entrant or any third party and without prior notice, approval or inspection, and to execute specific consent to such use if asked to do so. By participating, entrants also agree not to release any publicity or other materials on their own or through someone else regarding their participation in the Sweepstakes without the prior consent of the Sponsor, which Sponsor may withhold in its sole discretion.PRIVACY: If you sign up for a free membership with zulily.com, you acknowledge that Sponsor may send you information or offers about its website, products, promotions and services or the products and services of others that it thinks may be of interest to you. For more information about how Sponsor uses the information you provide, see Sponsor's Terms and Conditions at http://www.zulily.com/terms-conditions and Privacy Practices at http://www.zulily.com/privacy-practices . IF YOU DO NOT WISH TO SHARE YOUR INFORMATION, PLEASE DO NOT ENTER THIS SWEEPSTAKES. If you enter the Sweepstakes by submitting a postcard, your contact information provided on the postcard will only be used in order to contact you if you are the Sweepstakes winner.
MISCELLANEOUS: Released Parties are not responsible for lost, late, incomplete, damaged, inaccurate, stolen, delayed, misdirected, undelivered, or garbled entries, direct messages, or social posts; or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Sweepstakes, including, without limitation, errors or difficulties which may occur in connection with the administration of the Sweepstakes, the sharing of social posts, the processing of entries, direct messages or comments, the announcement of the prize, or in any Sweepstakes-related materials. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Sweepstakes. Released Parties are not responsible for injury or damage to any person's computer or mobile device related to or resulting from participating in this Sweepstakes or downloading materials from or use of the website. Persons who tamper with or abuse any aspect of the Sweepstakes or website, who act in an unsportsmanlike or disruptive manner or who are in violation of these Official Rules, as solely determined by Sponsor, will be disqualified and all associated entries will be void. Sponsor reserves the right in its sole discretion to cancel or suspend any portion of the Sweepstakes for any reason. Should any portion of the Sweepstakes be, in Sponsor's sole opinion, compromised by virus, worms, bugs, non-authorized human intervention or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play, or submission of entries, Sponsor reserves the right at its sole discretion to suspend, modify or terminate the Sweepstakes and, if terminated, at its discretion, select the potential winner from all eligible, non-suspect entries received prior to action taken. In the event of a dispute regarding online entry, entry will be deemed made by the authorized account holder of the email account associated with the entry at the time of entry and he/she must comply with these Official Rules. The authorized account holder is the natural person who is assigned the email address by the Internet Service Provider (ISP), on-line service provider, or other service provider responsible for assigning email addresses. Sponsor may disqualify anyone from participating in the Sweepstakes or winning a prize (and void all associated entries) if, in its sole discretion, it determines that such person is attempting to undermine the legitimate operation of the Sweepstakes by cheating, deception or other unfair play practices, or intending to annoy, abuse, threaten or harass any other entrant or Sponsor’s representatives. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK ANY AND ALL REMEDIES (INCLUDING ATTORNEYS’ FEES) AVAILABLE FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
RESOLUTION OF DISPUTES: Except where prohibited or otherwise outlined in these Official Rules, entrant agrees that: (i) 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 entrant agrees to arbitrate any disputes before a mutually agreed upon arbitrator. If the parties cannot agree on an arbitrator within 30 days of the request to arbitrate, the parties shall arbitrate before a JAMS arbitrator under the applicable JAMS rules; (ii) judgment upon such arbitration award may be entered in any court having jurisdiction. Under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys' fees, other than entrant’s actual out-of-pocket expenses (i.e., costs associated with participating in this Sweepstakes), and entrant further waives all rights to have damages multiplied or increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Washington, without giving effect to any choice of law or conflict of law rules (whether of the State of Washington or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Washington.
REQUEST FOR WINNER'S NAME: For the name of the winner (available after December 24th, 2018), send a self-addressed, stamped, envelope by January 23rd, 2019 to: zulily White Elephant Winner Sweepstakes Winner, zulily, llc, 2601 Elliott Ave, Suite 200, Seattle, WA 98121.
SPONSOR: zulily, llc, 2601 Elliott Ave, Suite 200, Seattle, WA 98121.