Official Giveaway Rules - Proctor Silex® Smoothie Bowl Instagram Giveaway Sweepstakes

Proctor Silex Smoothie Bowl Instagram Giveaway Sweepstakes

SWEEPSTAKES OFFICIAL RULES

NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW OR REGULATION. PARTICIPANTS MUST BE 18 YEARS OF AGE OR OLDER AT THE TIME OF ENTRY.

You are providing your information to Hamilton Beach Brands, Inc., owner of the Proctor Silex® brand. The information you provide will only be used in accordance with the Proctor Silex privacy policy, which may be viewed at https://www.proctorsilex.com/privacy-policy

SWEEPSTAKES DESCRIPTION: The Proctor Silex Smoothie Bowl Instagram Giveaway (“the Sweepstakes”) begins on Wednesday, July 20, 2022 at 10:00 AM Eastern Daylight Time and ends on Monday, September 5, 2022 at 9:59 PM Eastern Daylight Time. Entry in this Sweepstakes does not constitute entry into any other promotion, contest or sweepstakes. By participating in the Sweepstakes, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Proctor Silex, Inc., 4421 Waterfront Drive, Glen Allen, VA 23060 (the “Sponsor”), whose decisions shall be final and legally binding in all respects.

1. ELIGIBILITY:

This Sweepstakes is open only to entrants who are (i) legal U.S. residents physically residing in one (1) of the fifty (50) United States or the District of Columbia, and (ii) eighteen (18) years of    age or older at the time of entry. Employees, officers, and directors of Sponsor and each of their       affiliated companies, subsidiaries, licensees, franchisees, distributors, dealers, sales representatives, their advertising and promotion agencies, and any and all other companies           associated with the Sweepstakes (collectively, the “Sweepstakes Entities”), and each of their          immediate family members and/or people living in the same household are not eligible to enter or win. All eligibility is subject to all federal, state, and local laws and regulations. All entries submitted are the property of the Sponsor.

2. HOW TO ENTER THE SWEEPSTAKES AND EARN ONE ENTRY: To enter the Sweepstakes, you must post one photo or video to Instagram showing a smoothie bowl (a “Promotion Post”). Promotion Posts must have been created by Entrant, and Entrant must have permission of any person who appears or is identified in the Promotion Post. If any minors appear in the Promotion Post, the Entrant must be that minor’s parent and/or legal guardian. The Promotion Post must “tag” @proctor_silex and include the hashtag #proctorsilexsmoothiebowl. Your Instagram account must be public and thus viewable by Sponsor.
   
   LIMIT: Each entrant may earn one (1) entry for each Promotion Post submitted.
   
   Any entries generated by script, macro or other automated means or with the intent to impair the integrity of the entry process, as determined by Sponsor in its sole discretion, will be void. Entry by proxy on behalf on another individual is not permitted. Entrants are prohibited from entering by any fraudulent or inappropriate means, including, without limitation, offering prizes or other inducements to members of the public, as determined by Sponsor in its sole discretion. Entrants are also prohibited from creating and using multiple email addresses to circumvent entry limits. If any improper or fraudulent voting activity is suspected, Sponsor reserves the right, in its sole discretion, to void the entry or disqualify the entrant.
   
   Entries made by any other individual or any entity, including but not limited to commercial sweepstakes subscription notification and/or entering services, will be declared invalid and disqualified for this Sweepstakes. Tampering with the entry process or the operation of the Sweepstakes is prohibited and any entries deemed by Sponsor, in its sole discretion, to have been submitted in this manner will be void. Entries that are incomplete, garbled, corrupted, or unintelligible for any reason, including, but not limited to, computer or network malfunction or congestion, are void and will not be accepted. In case of a dispute over the identity of an entrant, the authorized account holder of the email address used to enter will be deemed to be the entrant. “Authorized account holder” is defined as the person who is assigned to an email address by an Internet Access Provider, online service provider or other organization that is responsible for assigning email addresses for the domain associated with the submitted email address.
   
   
3. PRIZE/ODDS/ ENTRY DATES/DRAWING DATE: Only the prize listed below will be awarded in this Sweepstakes. Odds of winning depend on the total number of valid entries received up to each drawing date.
   
   Drawing: Entry Starts Wednesday, July 20, 2022 at 10:00 AM Eastern Daylight Time and ends on Monday, September 5, 2022 at 9:59 PM Eastern Daylight Time
   
   Drawing Date: Winner will be selected on or after September 6, 2022 and by September 13, 2022
   
   Prize: (1) Winners: Promo Code for one (1) $100 Promo Code to use for merchandise on https://www.proctorsilex.com/
   
   Prize will be awarded only if the potential prizewinner fully complies with these Official Rules. Prizes have no cash value. Sponsor reserves the right in its sole discretion to substitute prize(s) of comparable value if any prize listed is unavailable, in whole or in part, for any reason.
   
   
4. WINNER SELECTION DATE AND NOTIFICATION:
   
   Random drawing will be conducted on or about September 6, 2022 from all eligible entries received during the Sweepstakes period. Conduct of the Sweepstakes and the drawings are under the supervision of the Administrators. Potential winners will be notified via Instagram direct message and must respond within 24 hours from that date and time of the Sponsor’s notification message. Sponsor shall have no liability for any potential prize winning notification that is lost, intercepted or not received by any potential winner for any reason. If, despite reasonable efforts, the prize notification is returned as unclaimed or undeliverable such prize winner will forfeit his or her prize and an alternate winner may be selected. If any potential prize winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines a prize for any reason prior to award, such potential prize winner will be disqualified and an alternate prize winner may be selected.
   
   
5. REDEMPTION
   
   The Promo Code may be redeemed at https://www.proctorsilex.com/ by entering the Code in the “Have a promo code?” box upon checkout. The Promo Code lasts sixty (60) days from the date it is issued and may only be used once. The Promo Code may only be redeemed for one free Prize, as identified above. Shipping is included.
   
   The Promo Code may not be combined with any other offer or discount. The use of the Promo Code is subject to the Proctor Silex Terms & Conditions of Service and Use (https://www.proctorsilex.com/legal) and Privacy Policy (https://www.proctorsilex.com/privacy-policy). If there are any problems redeeming the Promo Code, please email social@proctorsilex.com
   
   
6. GENERAL PRIZE RESTRICTIONS/CONDITIONS: BY ENTERING, EACH ENTRANT AGREES for entrant and for entrant’s heirs, executors, and administrators (A) to release and hold harmless Sweepstakes Entities and their respective affiliates, parents, owners, franchisees, officers, directors, and employees (collectively, “Released Parties”) from any liability, illness, injury, death, loss, litigation, or damage that may occur, directly or indirectly, whether caused by negligence or not, from such entrant’s participation in the Sweepstakes and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof; (B) that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, with respect to any prize, including, without limitation, to such prize’s quality or fitness for a particular purpose; and (C) to be bound by these Official Rules and to waive any right to claim any ambiguity or error therein or in the Sweepstakes itself, and to be bound by all decisions of the Sponsor, which are binding and final. Notwithstanding the immediately preceding sentence, Proctor Silex will honor its limited warranty issued with each of its products at the time that said Prize(s) is sent to the prize winner. Failure to comply with these conditions may result in disqualification from the Sweepstakes at Sponsor’s sole discretion.
   
   
   
7. PUBLICITY RELEASE:
   
   Acceptance of any prize constitutes prize winner’s permission for the Sponsor to use prize winner’s name, photograph, image, likeness, voice, biographical information, statements and complete address (collectively, the "Attributes"), for advertising and/or publicity purposes worldwide and in all forms of media now known or hereafter devised, in perpetuity, without further compensation or authorization, (except where prohibited by law), and releases the Sweepstakes Entities from all claims arising out of the use of such Attributes.
   
   
   
8. DISQUALIFICATION/FORCE MAJEURE:
   
   Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Sweepstakes, to be acting in violation of these Official Rules, or to be acting in an unsportsman-like or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Sweepstakes, or to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. Sponsor reserves the right to modify, extend, suspend, or terminate the Sweepstakes if it determines, in its sole discretion, that the Sweepstakes is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other causes beyond Sponsor’s control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of the Sweepstakes as contemplated herein. In the event an insufficient number of eligible entries are received and/or Sponsor is prevented from awarding prizes or continuing with the Sweepstakes as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made epidemic of health of other means, earthquake, explosion, labor dispute or strike, supplier failure or product recall, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis (e.g. SARS), order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), then Sponsor shall have the right to modify, suspend, or terminate the Sweepstakes. If the Sweepstakes is terminated before the designated end date, Sponsor will (if possible) select the winner in a random drawing from all eligible entries received as of the date of the event giving rise to the termination. Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances. Only the type and quantity of prizes described in these Official Rules will be awarded. The invalidity or unenforceability of any provision of these 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 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.
   
   
   
9. LIMITATION OF LIABILITY:
   
   Sponsor and the Sweepstakes Entities are not responsible for, and entrant hereby releases Sponsor and the Sweepstakes Entities from any claims arising from: (i) technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network, hardware or software; (ii) the unavailability or inaccessibility of any transmissions or telephone or Internet service; (iii) unauthorized human intervention in any part of the entry process or the Sweepstakes; (iv) electronic or human error which may occur in the administration of the Sweepstakes or the processing of entries; (v) any injury or damage to persons or property, including but not limited to entrant's computer, hardware or software, which may be caused, directly or indirectly, in whole or in part, from entrant's participation in the Sweepstakes and (vi) use of any prize.
   
   
10. DISPUTES: Except where prohibited, entrant agrees that: (1) 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, in a court of competent jurisdiction located in the Commonwealth of Virginia, (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys' fees; and (3) unless otherwise prohibited, under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. 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 Commonwealth of Virginia, without giving effect to any choice of law or conflict of law rules (whether of State of Virginia or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the Commonwealth of Virginia.
    
    
    
11. GRANT OF RIGHTS:
    
    Each entrant is responsible for his or her Entry and the consequences of posting or publishing it. In connection with the Entry, each entrant affirms, represents, and warrants that: (i) entrant owns or has the necessary licenses, rights, consents and permissions to use the content in the Promotion Post; and (ii) entrant has obtained the written consent, release and permission of each and every identifiable individual person in the Entry to use that person’s name or likeness in the Entry and in the manner contemplated by Sponsor. By submitting an Entry to Sponsor, entrant (i) waives any and all rights in and to any material submitted by entrant in connection with this Promotion (including all moral and other rights of authorship); (ii) hereby acknowledges and agrees that Entries (including material submitted by Entrant in connection with the Promotion) become Sponsor’s property and will not be returned; and (iii) grants Sponsor the absolute right to edit, modify, publish, exploit and use an Entry, voice, actions, likeness, name, appearance, biographical material, written works, and all other information or materials that entrant has provided or may provide in connection with this Promotion in any media, now known or hereafter devised, and in any manner, without further approval, permission or consideration, throughout the universe in perpetuity. Sponsor is under no obligation to use an Entry. Except where prohibited, participation constitutes a winning entrant’s consent to Sponsor’s use of the entrant’s name, likeness, photograph, voice, opinions, and any other information submitted to Sponsor by entrant, for promotional purposes, in any media worldwide without further payment or compensation.

WINNERS LIST: To obtain the name of the winner, send a self-addressed stamped envelope to: Proctor Silex Smoothie Bowl Giveaway (Summer 2022) c/o Hamilton Beach Brands, Inc., 4421 Waterfront Drive, Glen Allen, VA 23060. All such requests must be received by 12/1/2022.

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