AIRSTREAM® + ®NINETEEN27 S’MORES™ GIVEAWAY
Official Rules – No Purchase Necessary to Enter or Win
A Purchase Does Not Increase Your Chances of Winning. Open to Legal Residents of the 50 United States and D.C., 18 Years of Age or Older and Legal Age of Majority. Void Where Prohibited.
The following Official Rules (“Official Rules”) govern the AIRSTREAM® + NINETEEN27 S’MORES® GIVEAWAY (the “Promotion”). Official rules and other information relating to the Promotion can be found at the Airstream, Inc. website (www.Airstream.com/contest-terms-conditions/).
By participating in this Promotion in any way, you fully and unconditionally agree to and accept these Official Rules and the decisions of Sponsor and Administrator, which are final and binding in all matters relating to the Promotion. Any award of a Prize is contingent upon fulfilling all requirements herein.
- Sponsor and Administrator
This Promotion is sponsored by Airstream, Inc., 419 West Pike Street, Jackson Center, OH 45334-0629 (collectively, “Sponsor”) and is administered by Spark Communications Group, LLC, P.O. Box 49745, Athens, GA 30604 (“Administrator”). The Prize is contributed by Nineteen27 S’mores LLC, 7522 SE Yamhill St. Portland, Oregon 97215 (“Prize Contributor”). Sponsor, Administrator, and Prize Contributor are sometimes collectively referred to as the “Promotion Entities” in these Official Rules.
- Social Media Platform
The Promotion Entities will promote the Promotion via Instagram (the “Social Media Platform”). However, the Promotion is not sponsored by, endorsed by, or otherwise affiliated with the Social Media Platform. The Promotion is subject to the terms and conditions of the Social Media Platform and any other social media platform on which it is promoted. You agree to comply with the terms of service of the Social Media Platform you use to enter the Promotion. You understand and agree that any information you submit to Sponsor in connection with your entry into this Promotion is being submitted to Sponsor.
- Dates of Promotion and Entry Period
Entrants may submit entries only from 9 a.m. Eastern Standard Time on December 8, 2017 through 9 p.m. Eastern Standard Time on December 8, 2017 (the “Entry Period”).
The Prize Winners will be announced on December 13, 2017 (the “Notification Date”) via a comment on the post on the Official Airstream Instagram page (https://www.instagram.com/Airstream_inc/).
- Who is Eligible to Enter this Promotion
To be eligible to enter this Promotion, you must, at the time of entry:
- Be a legal resident of one of the 50 United States or the District of Columbia;
- Be 18 years of age or older and legal age of majority in the applicable jurisdiction;
- Be the Authorized Account Holder of the Instagram account used to submit your entry (“Your Instagram Account”);
- Follow, with Your Instagram Account, both the official Airstream Instagram page (https://www.instagram.com/Airstream_inc/) and the official Nineteen27 S’mores Instagram page (https://www.instagram.com/nineteen27smores/) at the time of entry and continue to follow both pages through the time of the Prize drawing; and
- Agree to be bound by the terms and conditions of these Official Rules and the Sponsor’s decisions in all matters relating to the Promotion.
Entries will be disqualified if they do not meet these criteria; the criteria set forth in Section 5 below; otherwise do not comply with these Official Rules or the terms of service of the Social Media Platform through which the entry is submitted; are submitted from outside the eligible geographic areas; or are from where such entries are restricted or prohibited by law.
Employees, directors, officers, and their immediate families (spouses and siblings, parents and children and their spouses) and household members of Promotion Entities, and their respective parent companies, subsidiaries and affiliates, dealers and distributors and companies involved in the implementation and execution of this Promotion are not eligible.
As used in these Official Rules, “Authorized Account Holder” of an e-mail account means the natural person assigned to an e-mail address by an Internet access provider, online service provider, or other organization responsible for assigning e-mail addresses for the domain associated with the address. “Authorized Account Holder” of a Social Media Platform account means the natural person holding such account in his/her legal name and in full compliance with the terms of service of the applicable Social Media Platform.
- How to Enter the Promotion
To enter the Promotion, you must:
- During the Entry Period, use Your Instagram Account to submit a comment in response to the post from Airstream announcing this Promotion (your comment is referred to as your “Post”).
- “mention” one valid Instagram username belonging to a natural person (i.e., an individual) with whom you have a personal relationship (for example, @FRIENDSNAME), with whom you follow on Instagram, and who is at least 18 years or older (a “Friend”); and
- use the Hashtag #Nineteen27SmoresGiveaway (the “Hashtag”) in your comment; and
- otherwise satisfy the terms and conditions of these Official Rules.
You may enter an unlimited number of times, but each entry must meet the requirements of a Qualifying Entry (see below).
In order to be a “Qualifying Entry”, your Post must also meet the following criteria, as determined in Sponsor’s sole judgment:
- The Post be the original creation of you alone;
- The Post must be created by you personally and not by any intermediary or by automated means;
- Although you may submit more than one entry, each Post must contain a mention of a different Friend’s Instagram username associated with an Instagram account of which the Friend is the Authorized Account Holder;
- The Friend you mention must meet the criteria to be considered a Friend (defined above) at all times during the Promotion;
- You may not mention as a Friend someone who does not meet the criteria to be a “Friend” (defined above), a username of a company, group or other organization, or a username used by a ‘bot or anything other than a natural person;
- You must own all right title and interest in the Post, and no third party’s intellectual property rights are or will be violated by the Post, the submission of the Post as an entry, or by use of the Post by the Promotional Entities in any manner permitted by these Official Rules;
- The Post must not be obscene, defamatory or otherwise objectionable or contain any language or content that Sponsor determines is inappropriate; and
- The Post must otherwise comply with the terms of these Official Rules and the terms of service of the Social Media Platform through which the Post is submitted.
Sponsor shall determine, in its sole and absolute discretion, whether your submission is a Qualifying Entry, and Sponsor reserves the right to reject any entries which do not comply with these Official Rules.
You are solely responsible for any charges, fees, or taxes which may be charged by third parties in connection with your participation in the Promotion, including but not limited to data, connection, and Internet services charges. If you opt to use your wireless mobile device in connection with the Promotion, depending on your phone's capabilities, data charges may apply according to the terms and conditions of your service agreement with your wireless carrier.
The Promotion Entities will disqualify any entrant and void any entries that either Sponsor or Administrator determines, in its sole discretion, to have violated these Official Rules or the terms of service of the Social Media Platform(s) through which an entrant submitted an entry or entries. You may not: submit entries from multiple accounts on any given Social Media Platform; submit multiple identical submissions of the same Posts; use the Hashtag in connection with a Post which does not meet the requirements of a Qualifying Entry; use automated or robotic means to submit entries; attempt to obtain more than the permitted number of entries by using multiple/different e-mail addresses, identities, registrations, accounts, logins or any other methods, including, but not limited to, commercial contest/sweepstakes subscription notification and/or entering services; or otherwise violate these Official Rules or the terms of service of any Social Media Platform used to submit an entry.
Final eligibility for the award of any Prize is subject to eligibility verification as set forth below.
All entries must be posted by the end of the Entry Period in order to participate. Administrator will use Sprout Social to monitor the Promotion and to determine when entries are submitted. The clock on the Sprout Social service will be the official time keeper for this Promotion.
To enter via Instagram, you will need to sign into Your Instagram Account. Creating a Instagram account is free. If Your Instagram Account is set to “protected mode”, “private” or similar mode, your updates/responses may not be visible to Sponsor and, therefore, will not be received by Sponsor, resulting in your failure to enter the Promotion.
Sponsor may not receive entries that fail to strictly follow the posting instructions set forth in these Official Rules and Sponsor is not responsible for failure to see or receive an entry. Sponsor, at its sole discretion, may accept a technically incorrect entry. Entries not received by Sponsor will not be entered into the Promotion.
- The Prize
One (1) prize winner will receive seven (7) “Honey Graham S’mores Kits” from Nineteen27 S’mores (The “Prize”).
Any Prize details not specified above will be determined by Sponsor, in its sole discretion. Sponsor makes no representation or warranty concerning the appearance, safety, or performance of any Prize awarded. Restrictions, conditions, and limitations may apply.
There is only one Prize. The approximate retail value (“ARV”) of the Prize is $115.50. The ARV of the Prize represents Sponsor's good faith and final determination. If the actual value of the Prize turns out to be less than the stated ARV, the difference will not be awarded in cash.
Sponsor, will ship the Prize to the respective Prize Winner’s legal residence (as identified by the Prize Winner) via commercially reasonable means and at no cost to the Prize Winner. The Prize will be transmitted or shipped four (4) to six (6) weeks after the Prize Winner is announced. Upon written request by the Prize Winner, Sponsor may, in its sole discretion, agree to ship the Prize to another location preferred by the Prize Winner. Risk of loss passes from Sponsor to the Prize Winner upon delivery.
Except for those costs, expenses or fees Sponsor expressly agrees to waive or pay herein, the Prize Winner will be responsible for any and all other taxes, costs, expenses or fees which may apply, including, without limitation, income tax.
No Prize may be transferred and the Prize must be accepted as awarded. The Prize Winner may not request cash or a substitute prize; however, Sponsor reserves the right to substitute the Prize with another prize of equal or greater value (or substitute components of the gift basket) if Sponsor determines, in its sole discretion, the Prize or a component thereof is unavailable for any reason.
- Selection and Notification of Prize Winner
The Prize Drawing will be held on December 11, 2017 following the end of the Entry Period. At that time, Sponsor will draw one (1) potential winner at random from all eligible entries received (the “Potential Winner”).
Your odds of winning depend on the number of Qualifying Entries received.
On the Notification Date, the Potential Winner will be announced via a public post on the official Airstream Instagram page. Sponsor will also notify the Potential Winner via a private message sent to the Instagram account used by the Potential Winner to submit the winning entry (the “Notice”). The Potential Winner is responsible for monitoring the account for such private message and for complying with the directions and deadlines set forth therein.
Sponsor shall not be obligated to award a Prize to the Potential Winner unless the Potential Winner accepts and satisfies each of these additional terms and conditions (except to the extent which may be prohibited by law) within ten (10) days from the date Administrator sends the Notice to the Potential Winner (the “Notice Period”):
- The Potential Winner must contact Administrator in the manner specified in the Notice and acknowledge receipt of same;
- The Potential Winner must provide to Administrator proof of eligibility in the form requested by and acceptable to the Promotional Entities in the Notice or in subsequent communications (which information may include, in the Promotional Entities’ sole discretion, proof: of identity, legal residence, age, Social Security Number, phone number, the Potential Winner’s status as the Authorized Account Holder of the Social Media Platform account used in connection with entering the Prize Drawing, a valid email address of which the Potential Winner is an Authorized Account Holder, and/or the entrant’s compliance with these Official Rules;
- If requested by a Promotional Entity, the Potential Winner must complete, sign and return an IRS W-9 form; and
- The Potential Winner must execute and return to Administrator an affidavit of eligibility in a form provided by Sponsor, which includes a liability release and a publicity release.
If the Potential Winner satisfies these requirements (as determined by Sponsor in its sole judgment), the Potential Winner will be deemed the “Prize Winner” and shall be awarded a Prize.
The Potential Winner may be disqualified and an alternate potential winner may be selected from the Qualifying Entries on the basis of the judging criteria set forth above if: (a) the Potential Winner does not respond to Administrator within the Notice Period; (b) the Potential Winner does not, within the Notice Period, provide to Administrator all information it requests, consistent with these Official Rules, within the Notice Period; (c) Sponsor or Administrator determine, in good faith and in its own discretion, circumstances otherwise indicate that attempts to contact the Potential Winner will be futile (for example, the Social Media Account used to submit the Qualifying Entry is inactive); or (d) the Potential Winner fails to satisfy the terms and conditions herein. All other requirements, terms, and conditions set forth in these Official Rules will be enforced. The Promotional Entities are not responsible for errors or failures of messages sent or received within any Social Media Platform.
- Sponsor’s Intellectual Property Rights; Limited License
AIRSTREAM® and any related trademarks, product names, trade dress, logos, and related trademarks, trade names and service marks (collectively, the “Airstream IP”) are owned or used under license by Airstream, Inc. NINETEEN27 S’MORES™ and any related trademarks, product names, trade dress, logos, and related trademarks, trade names and service marks (collectively, the “Nineteen27 S’mores IP”) are owned or used under license by Nineteen27 S’mores LLC. You shall not acquire any rights in the Airstream IP or the Nineteen27 S’mores IP, provided that, once posted, you may share and/or promote your Qualifying Entry and the associated Hashtag on Instagram via Your Instagram Account. All rights not expressly granted are reserved.
- Your Intellectual Property Rights; Limited License
You will retain ownership in any original Post you submit as an entry to the Promotion.
Upon entering the Promotion via your Post, you agree that Sponsor and Administrator may share, re-post, and otherwise use the Post (including any photograph and/or text) in any manner permitted by the terms of service of the Social Media Platform used to submit the Post. Neither Sponsor nor Administrator will otherwise use your Post for any purpose (unless you later grant a license to do so) or unless you are selected as the Potential Winner.
You agree, upon being selected as the Potential Winner:
- You grant and hereby do grant to Sponsor and Administrator and their parent, subsidiary and affiliated companies a perpetual, royalty-free, non-exclusive, and sublicenseable license to publish, display, copy, use, alter and distribute images of the Post(s) (including any text and photograph(s) therein) you submit(ted), edited or unedited, in whole or in part, with or without attribution, in any form or medium (whether known now or hereafter developed and including print materials and Internet communications), in connection with any lawful commercial purpose and for other publicity purposes, without further review, notification, payment or consideration;
- You further waive all moral rights or other rights of attribution with respect to said Post; and
- Sponsor may publish, display, copy, use, alter and distribute the your name, likeness, photograph, voice, opinion, statements, and biographical information, edited or unedited, in any form or medium (whether known now or hereafter developed and including print materials and Internet communications), in connection with any lawful commercial purpose and for other publicity purposes, without further review, notification, payment or consideration (unless otherwise prohibited by law).
- Your Representation and Warranties
You, by entering any Post in the Promotion, represent and warrant that: (a) you satisfy the eligibility requirements; (b) you conceived and created the Post; (c) you possess all rights and permissions necessary to publish, display, copy, use, alter, distribute, license and sell the Post in connection with the Promotion without infringement upon the rights of any third party; (d) that your Post satisfies the requirements of a Qualifying Entry; and (e) your Post otherwise complies with these Official Rules, the terms of service of the Social Media Platform which you used to submit the Post, and all applicable laws.
- Exclusion of Warranties
Sponsor is not responsible for technical or human error or for technical failures which may occur in the administration of the Promotion for any damages to person or property that may be caused, directly or indirectly, by your entry into the Promotion.
The Prize may be subject to a limited warranty provided by its manufacturer. Sponsor does not make, nor in any manner is responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to any Prize, including but not limited to its quality, fitness for a particular purpose, or its condition.
TO THE FULLEST EXTENT PERMITTED BY LAW, AND EXCEPT FOR ANY WARRANTY EXPRESSLY MADE HEREIN, SPONSOR MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SPONSOR WILL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, ANY LIABILITY, CLAIM, LOSS, LOST PROFITS OR DAMAGES UNLESS EXPRESSLY PROVIDED FOR HEREIN.
- Limitation of Liability, Indemnification, and Release
By entering the Promotion, you agree to release, discharge, indemnify, defend, protect, and save Sponsor, Administrator, Prize Contributor, any Social Media Platform(s) you used to participate in the Promotion (for example, Instagram), their parent companies, subsidiaries and affiliated companies, and their respective officers, directors, employees and agents (collectively, the “Released Parties”) harmless from and against any and all liabilities, obligations, losses, damages, penalties, claims, actions, suits, costs, expenses, and disbursements of whatsoever kind and nature (collectively, “Claims”) including legal fees and expenses imposed on, incurred by, or asserted against the Released Parties in any way relating to the Promotion; any Post you submit or submitted in relation to the Promotion; and, if awarded a Prize, any Claims arising out of the use and possession of the Prize by you or third parties. Potential Claims include, but are not limited to: (a) Claims as a result of latent or patent defects in a Prize; (b) Claims for infringement of trademark or copyright, contributory infringement, false light, invasion of privacy, portrayal in a false light, defamation, and infringement of any right of publicity; and (c) tort claims of any kind, including claims for injury or damage to property, or injury or death to any person arising out of the your entry in the Promotion, your acceptance, use or possession of a Prize, and/or any publicizing by a Released Party of the award of the Prize to you. You further understand and 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. You 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.
- General Conditions
In the event that the operation, security, or administration of the Promotion is impaired in any way, Sponsor may, in its sole discretion: (a) suspend the Promotion in order to address the impairment and resume the Promotion at a later date; or (b) award the Prize from among the Qualifying Entries received up to the time of the impairment.
Sponsor reserves the right, in its sole discretion, to disqualify and seek damages from any individual who interferes or tampers with the operation of the Promotion, violates these Official Rules, violates the terms of service of the Social Media Platform used to submit an entry, or otherwise acts in a disruptive or unsportsmanlike manner.
Sponsor’s failure to enforce any terms of these Official Rules shall not act as a waiver of that term.
In the event of a dispute as to the owner of an e-mail account or Social Media Platform account used in connection with an entry, the Authorized Account Holder of the account will be deemed to be the owner. Any Potential Winner may be required to show proof of being the Authorized Account Holder. Entries that are incomplete or corrupted are void. Sponsor is not liable for misdirected entries. Acknowledgment of receipt of an entry does not constitute any representation as to Promotion eligibility or that the entry is a Qualifying Entry and merely indicates that applicable entry has been received.
If any provision of these Official Rules shall be held or deemed to be illegal, inoperative, or unenforceable by a court or other tribunal of competent jurisdiction, such provision shall be of no force or effect, but shall not affect any other provisions of these Official Rules, nor render any other provision invalid, inoperative, or unenforceable to any extent whatsoever.
- Governing Law and Jurisdiction
This Promotion is subject to applicable federal, state, and local laws and regulations and is void where prohibited.
These Official Rules will be governed by the laws of the State of Ohio (without regard to conflict of law principles).
Any proceeding arising out of or relating to the Promotion (including the application, enforcement, and/or construction of these Official Rules) must be brought in a court of competent jurisdiction in Shelby County, Ohio. By entering into this Promotion, you irrevocably consent and submit to jurisdiction in any such court.
- Obtaining List of Winners or Copy of Official Rules
For the name of the Prize Winners or a copy of the Official Rules, please send your request to [email protected] and the applicable request and a self-addresses, stamped, #10 envelope to See.Spark.Go, attn: AIRSTREAM + NINETEEN27 S’MORES GIVEAWAY at 437 Memorial Drive SE, #A7, Atlanta, GA 30312. Requests must be received within one (1) year of the end of the Promotion.
Persons may e-mail questions concerning the Promotion and the Official Rules to [email protected].
Dated November 8, 2017