Monthly Raffle Ticket
One (1x) entry for the current calendar month's raffle. Each month's prizes are announced on our Instagram page, along with the previous month's winners (who are randomly selected at midnight the last day of the month) . Purchasing a ticket acknowledges you've read and agree to the below terms of service. Multiple entries can be purchased by the same entrant.
VOID WHERE PROHIBITED OR RESTRICTED BY LAW. DO NOT ENTER THIS RAFFLE IF YOU ARE LESS THAN 18 YEARS OF AGE AS OF THE DATE OF ENTRY OR IF YOU ARE NOT A LEGAL RESIDENT OF ONE OF THE FIFTY (50) UNITED STATES OR THE DISTRICT OF COLUMBIA (EXCLUDING PUERTO RICO, ALL U.S. TERRITORIES AND ALL OVERSEAS MILITARY INSTALLATIONS).
1. PROMOTION DESCRIPTION: The Total Prick Nursery Monthly Raffle ("Raffle") begins on the first day of each . PST and ends on March 8, 2018 at 5:00 p.m. PST (the "Promotion Period").
The sponsor of this Raffle is Total Prick Nursery, LLC, an California limited liability company, dba Total Prick Nursery ("Sponsor"). By participating in the Raffle, each Entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Sponsor which shall be final and binding in all respects. Sponsor is responsible for the collection, submission and processing of Entries and the overall administration of the Raffle. Entrants should look solely to Sponsor with any questions, comments or problems related to the Raffle. Sponsor may be reached by email at email@example.com during the Promotion Period.
2. ELIGIBILITY: This Raffle is only open to natural persons who are legal residents and physically located in one of the fifty (50) United States or the District of Columbia (excluding Puerto Rico, all U.S. Territories and Possessions and all Overseas Military Installations) and who are at least eighteen (18) years of age as of the date of entry. Sponsor and its parent, subsidiaries, affiliates, distributors, retailers, sales representatives, advertising and promotion agencies and each of their respective officers, directors and employees (the "Promotion Entities") are not eligible to enter the Raffle or win a prize. Household Members and Immediate Family Members of such individuals are also not eligible to enter or win. "Household Members" shall mean those persons who share the same residence at least three months per year. "Immediate Family Members" shall mean parents, step-parents, legal guardians, children, step-children, siblings, step-siblings, and spouses. This Raffle is subject to all applicable federal, state and local laws and regulations and is void where prohibited or restricted by law.
Only one prize per person and per household will be awarded. Prizes and vouchers cannot be transferred, redeemed for cash, or substituted by winner. Sponsor reserves the right in its sole and absolute discretion to award a substitute prize of equal or greater value if a prize described in these Official Rules is unavailable or cannot be awarded, in whole or in part, for any reason.
4. HOW TO ENTER: To enter the Raffle purchase a Raffle Ticket in the Total Prick Nursery webstore. Incomplete entries and entries submitted by Entrants who do not meet the eligibility requirements (including all requirements with respect to age and residence) are void.
5. WINNER SELECTION: This Raffle is open to legal residents of the United States and each prize will only be awarded and delivered to each winner whose address is located within the United States. The winners of the Raffle will be selected in a random drawing from among all eligible Entries received throughout the Promotion Period. A random drawing will be conducted at the end of each month by Sponsor or its designated representatives, whose decisions are final. Odds of winning will vary depending on the number of eligible Entries received. If an Entrant (a) is determined to be ineligible, (b) is not in compliance with these Official Rules, or (c) declines a Prize for any reason prior to it being awarded, then such Entrant will be disqualified and an alternate Entrant may be selected by Sponsor. If, for any reason, more than one Entrant claims to have won the same Prize, then such Entrants will be entered into a drawing and a winner will be randomly selected. Inclusion in such drawing shall be each Entrants sole and exclusive remedy under those circumstances.
6. WINNER NOTIFICATION: Winners will be announced each month through the Promotion Period and by email sent to the email address provided with the order approximately within 14 days after the random drawing in which Entrant was selected as a winner. The winner must accept the prize by email as directed by Sponsor within 14 days of such email notification. Sponsor is not responsible for any delay in notification or a winners failure to receive notification for any reason, including inactive email account(s), systems or technical difficulties, email hosting issues, server or internet problems, or winners failure to adequately monitor his/her email account.
7. CONDITIONS TO ENTRY: Accepting a Prize constitutes permission to (a) share your name and email address and any other personally identifiable information on the entry card or submitted to other Raffle Entities for administration and prize fulfillment, and (b) use the winners name, city, state, and likeness (including his/her voice, biographical information, city and state of residence, statements, and/or photograph(s)) for advertising, marketing and promotional purposes without compensation or notice to the extent permitted by law including on social media outlets.
8. LIMITATION OF LIABILITY: Sponsor assumes no responsibility or liability for (a) any incorrect or inaccurate information on the online raffle ticket entry page, (b) any faulty or failed electronic data transmissions; (c) any unauthorized access to, or theft, destruction or alteration of an entry card at any time during the Promotion Period. The winner is responsible for paying all federal, state and local taxes, surcharges, and any other fees, costs and expenses associated with the Prize he/she receives. Failure to comply with these Official Rules will result in forfeiture of prize. Each Prize winner may be required to complete and return a declaration of eligibility, release of liability and a publicity release before receiving the Prize.
By entering the Raffle, Entrant agrees to hold harmless, defend and indemnify each of the Promotion Entities from and against any and all claims, demands, liability, damages or causes of action (however named or described), losses, costs or expenses, with respect to or arising out of or related to (i) Entrants participation in the Raffle, or (ii) Entrants participation in any Prize related activities, acceptance of a Prize and/or use or misuse of a Prize (including, without limitation, any property loss, damage, personal injury or death caused to any person(s)). The Promotion Entities are not responsible for: (A) typographical errors and for misdirected or incomplete entries, (B) problems with telephone lines, computer systems or equipment, failure of email, or (C) problems with the Internet or entrants connection to it. Sponsor reserves the right to void any entries and/or to change the promotion if it determines in its sole discretion there is actual or suspected tampering with the promotion or if there are technical difficulties that affect an entry or the promotion. Sponsor reserves the right to disqualify any individual it determines tampered with the entry process or operation of the Raffle, and to cancel, terminate, modify, or suspend the Raffle without notice and to select the winner from all eligible entries received prior to the cancellation or termination if, for any reason, the Raffle is not able to run as planned including without limitation infection due to computer virus, bugs, tampering, unauthorized intervention, fraud, technical failure, human error or any other causes beyond the control of Sponsor that corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Raffle. The Promotion Entities assume no responsibility for any error, omission, interruption, deletion, defect or delay in operation or transmission, communications line failure, problems or technical malfunctions of any computer online systems, servers, or providers, computer equipment, software, failure of any email or entry to be received by Sponsor on account of human error, technical problems or public congestion, theft, destruction, or unauthorized access of Sponsors database or systems related to or resulting from participation in the Raffle. ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY ALTER OR DAMAGE THE RAFFLE OR UNDERMINE THE LEGITIMATE OPERATIONS OF THE RAFFLE MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
9. DISPUTE RESOLUTION/GOVERNING LAW/JURISDICTION. Subject to the terms and conditions imposed by the selected airline, hotel and travel agency on the Prize, this Raffle, the Prize, redemption of the Prize, and these Official Rules, their validity, applicability, interpretation and enforcement, are governed by and shall be construed in accordance with the substantive 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 states laws) and the United States of America applicable to contracts made and performed entirely in Arizona.
BY SUBMITTING AN ENTRY, EACH ENTRANT AGREES THAT ALL DISPUTES, CLAIMS, CONTROVERSIES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR IN TORT) ARISING OUT OF OR RELATING TO THIS RAFFLE, THE PRIZE AND/OR THESE OFFICIAL RULES WILL BE SUBMITTED TO AND RESOLVED INDIVIDUALLY BY FINAL AND BINDING ARBITRATION WITHOUT RESORT TO ANY FORM OF CLASS ACTION. ARBITRATION SHALL BE HELD IN CALIFONRIA, GOVERNED BY THE FEDERAL ARBITRATION ACT, 9 U.S.C. 1 ET SEQ., AND ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) UNDER ITS COMMERCIAL ARBITRATION RULES (THE RULES) IN EFFECT ON THE DATE OF THE THEREOF. IN CONNECTION WITH SUCH ARBITRATION, THERE SHALL BE A SINGLE ARBITRATOR APPOINTED ACCORDING TO THE RULES WHO MUST BE NEUTRAL AND KNOWLEDGEABLE IN THE SUBJECT MATTER OF THE DISPUTE. THE ARBITRATOR SHALL BE SELECTED BY MUTUAL AGREEMENT OF THE PARTIES OR, IF THE PARTIES CANNOT AGREE, THEN BY SELECTING AN ARBITRATOR SUPPLIED BY THE AAA FROM A LIST OF ARBITRATORS LICENSED TO PRACTICE IN CALIFORNIA. THE ARBITRATION SHALL BE A CONFIDENTIAL PROCEEDING, CLOSED TO THE GENERAL PUBLIC. THE ARBITRATOR SHALL ISSUE A WRITTEN OPINION STATING THE ESSENTIAL FINDINGS AND CONCLUSIONS UPON WHICH THE ARBITRATOR'S AWARD IS BASED. THE PARTIES WILL SHARE EQUALLY IN PAYMENT OF THE ARBITRATOR'S FEES AND ARBITRATION EXPENSES AND ANY OTHER COSTS UNIQUE TO THE ARBITRATION HEARING (RECOGNIZING THAT EACH SIDE BEARS ITS OWN DEPOSITION, WITNESS, EXPERT AND ATTORNEYS' FEES AND OTHER EXPENSES TO THE SAME EXTENT AS IF THE MATTER WERE BEING HEARD IN COURT). NOTWITHSTANDING THE FOREGOING, THE ARBITRATOR MAY REQUIRE THAT SUCH FEES BE BORNE IN SUCH OTHER MANNER AS THE ARBITRATOR DETERMINES IS REQUIRED IN ORDER FOR THIS ARBITRATION CLAUSE TO BE ENFORCEABLE UNDER APPLICABLE LAW.
ENTRANT HEREBY WAIVES ENTRANTS RIGHT TO A JURY TRIAL WITH RESPECT TO ALL DISPUTES, CONTROVERSIES, CLAIMS AND ISSUES ARISING OUT OF OR RELATING TO THIS RAFFLE, THE PRIZE, AND THESE OFFICIAL RULES WHETHER IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET EXPENSES, AND ENTRANT HEREBY WAIVES ALL RIGHTS TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OR ANY OTHER DAMAGES INCLUDING, BUT NOT LIMITED TO, ATTORNEYS FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THESE OFFICIAL RULES OR SEEK INJUNCTIVE OR OTHER EQUITABLE RELIEF.
10. WINNER LIST/OFFICIAL RULES: To obtain a copy of the winners list or a copy of these Official Rules, send your request to firstname.lastname@example.org. Requests for the names of the winners must be received by no later than 14 days after the Promotion Period has ended. The winners list will be posted to Total Prick's social channels after winner confirmation is complete.
11. SPONSOR: Total Prick Nursery - email@example.com