POPSMASH Instagram Giveaways

This Sweepstakes is powered by POPSMASH, Inc. on behalf of the giveaway "Sponsor" or "host" (the owner of the Instagram account running the giveaway). We refer to POPSMASH, POPSMASH, Inc and POPSMASH Inc. collectively as “POPSMASH” or “we”. We refer to the Sweepstakes or giveaway as “Campaign” or "campaign". We refer to the host (the owner of the Instagram account running the giveaway) as "host".

We help connect companies and customers. Brands and creators want a deeper relationship with you to connect and understand how they can serve you better. The services we provide make this easier while giving you a fun, engaging experience.

By entering the Campaign, you agree to POPSMASH's Privacy Policy, Terms of Service when applicable and the terms below.

1. No purchase necessary: No purchase is necessary to enter or win. A purchase also does not increase the chance of winning.
2. Sponsor: The Sponsor of this Campaign is the host. We may refer to the Sponsor as "Sponsor" or "host".
3. Eligibility: This campaign (the "Sweepstakes" or “Campaign”) is only open to those who enter at the giveaway page generated for this campaign or on the social post for this campaign. The Campaign is open to those meeting the criteria defined by the host and is void where prohibited by law. Employees, independent contractors, interns, officers, directors, and agents of the "Sponsor", their respective affiliates, subsidiaries, advertising and promotion agencies, suppliers and their immediate family members and/or those living in the same household of each are not eligible to participate in the Campaign. The Campaign is subject to all applicable federal, state and local laws and regulations. Void where prohibited.
4. Agreement to Rules: By entering the Campaign, the contestant ("You") agree to comply with and abide by these Rules and the decisions of the Sponsor, and you represent and warrant that you meet the eligibility requirements. In addition, you agree to accept the Sponsor's decisions as final and binding as it relates to the content of this campaign. Entrants should look solely to the Sponsor with any questions, comments or issues related to the Campaign.
5. Entry Period: The Campaign begins on the date of the giveaway post and ends at the time designated in the social post or on the giveaway page for this campaign. Entries submitted before or after the Entry Period will not be eligible.
6. How to Enter: The Campaign must be entered by following the giveaway rules on the social post corresponding to this Campaign as directed by the Sponsor. The entry must fulfill all requirements of the Campaign, as specified, to be eligible to win a prize. Entries that are incomplete or do not adhere to the rules or specifications of the Campaign may be disqualified at the sole discretion of the Sponsor. You must provide the information requested. You may not enter more times than indicated by using multiple email addresses, identities, or devices in an attempt to circumvent the rules. If you use fraudulent methods or otherwise attempt to circumvent the rules of the Campaign, your submission may be disqualified at the sole discretion of the Sponsor.
7. Prizes: The winner(s) of the Campaign (the "Winner") will receive the prize described in the giveaway post.
8. Actual/appraised value of prizes may differ at time of prize award. The specifics of the prize shall be solely determined by the Sponsor. No cash or other prize substitution shall be permitted except for at the Sponsor's discretion. The prize is non-transferable. Substitution of the prize or transfer/assignment of the prize to others or request for the cash equivalent of the prize by the Winner is not permitted. Any and all prize related expenses, including without limitation any and all federal, state, and/or local taxes shall be the sole responsibility of the Winner. Acceptance of the prize constitutes permission for the Sponsor to use the Winner’s name, likeness, and entry for purposes of advertising and trade without further compensation, unless prohibited by law.
9. Odds of Winning: The odds of winning depend on the number of eligible entries received.
10. Winner Selection and Notification: The Winner will be selected by Random Draw under the supervision of the Sponsor and approved at the discretion of the Sponsor. The Winner will be notified within 7 days of the winner selection. The Sponsor shall have no liability for a Winner's failure to receive notices due to spam, junk e-mail or other security settings or for a Winner’s provision of incorrect or otherwise non-functioning contact information. If the Winner cannot be contacted, is ineligible, fails to claim the prize within 24 hours from the time award notification was sent, or fails to timely return a completed and executed declaration and release as required, the prize may be forfeited and an alternate Winner may be selected. Receipt of the prize offered in this Campaign by the Winner is conditioned upon compliance with any and all federal, state, and local laws and regulations. Any violation of these official rules by the Winner at the Sponsor's sole discretion will result in the Winner's disqualification as winner, and all privileges as winner will be immediately terminated.
11. Rights Granted by the Entrant: When applicable, by entering this content (e.g., photo, video, text, etc.), You understand and agree that the Sponsor and anyone acting on behalf of the Sponsor or its respective licensees, successors, and assigns, shall have the right, where permitted by law, to print, publish, broadcast, distribute, and use in any media now known or hereafter developed, in perpetuity and throughout the World, without limitation, your entry, name, portrait, picture, voice, likeness, image, statements about the Campaign, and biographical information for news, publicity, information, trade, advertising, public relations, and promotional purposes without any further compensation, notice, review, or consent. By entering this content, you represent and warrant that your entry is an original work of authorship, and does not violate any third party’s proprietary or intellectual property rights. If your entry infringes upon the intellectual property right of another, you will be disqualified at the sole discretion of the Sponsor. If the content of your entry is claimed to constitute infringement of any proprietary or intellectual proprietary rights of any third party, you shall, at your sole expense, defend or settle against such claims. You shall indemnify, defend, and hold harmless POPSMASH or the Sponsor from and against any suit, proceeding, claims, liability, loss, damage, costs or expense, which POPSMASH or the Sponsor may incur, suffer, or be required to pay arising out of such infringement or suspected infringement of any third party’s right.
12. Winner Announcement: If You are selected as the winner of this Campaign, you agree that the Sponsor may announce You publicly as the winner and share details (publicly available or that you share with the Sponsor) like Your name, the prize won, and other details.
13. Terms and Conditions: The Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Campaign should virus, bug, non-authorised human intervention, fraud, or other cause beyond the Sponsor’s control corrupt or affect the administration, security, fairness, or proper conduct of the Campaign. In such cases, the Sponsor may select a winner(s) from eligible entries received before and/or after the action taken by the Sponsor if appropriate. The Sponsor reserves the right at its sole discretion to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Campaign or website or violates these Terms & Conditions. The Sponsor has the right, in its sole discretion, to maintain the integrity of the Campaign, to void entries for any reason, including, but not limited to: multiple entries from the same user from different IP addresses; multiple entries from the same computer in excess of that allowed by Campaign rules; or the use of bots, macros, scripts, or other technical means for entering. Any attempt by an entrant to deliberately damage any website or undermine the legitimate operation of the Campaign may be a violation of criminal and civil laws. Should such an attempt be made, the Sponsor reserves the right to seek damages to the fullest extent permitted by law.
14. Limitation of Liability: By entering the Campaign you agree to release and hold harmless the Sponsor and POPSMASH and subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers and directors from any liability, illness, injury, death, loss, litigation, claim or damage that may occur, directly or indirectly, whether caused by negligence or not, from (i) such entrant’s participation in the Campaign and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof; (ii) unauthorized human intervention in any part of the Campaign; (iii) electronic or human error in the administration of the Campaign or the processing of entries; (iv) technical errors of any kind, including but not limited to the malfunction of any computer, cable, network, hardware, or software, or other mechanical equipment; (v) the unavailability or inaccessibility of any transmissions, telephone, or Internet service; (vi) printing errors; (vii) lost, late, postage due, misdirected, or undeliverable mail.
15. Disputes: This Campaign is governed by the laws of the United States, without respect to conflict of law doctrines. By participating in this Campaign, you agree that any and all disputes that cannot be resolved between the parties, and causes of action arising out of or connected with this Campaign, shall be resolved individually, without resort to any form of class action, exclusively before a court located in the United States in Barnstable County, Massachusetts having jurisdiction. Further, in any such dispute, under no circumstances shall You be permitted to obtain awards for, and hereby waives all rights to, punitive, incidental, or consequential damages, including reasonable attorney’s fees, other than actual out-of-pocket expenses (i.e. costs associated with entering the Campaign). You further waive all rights to have damages multiplied or increased.
16. Winner List: To request a copy of the winner list please contact the Sponsor. Requests must be sent within four (4) weeks of the end of the Entry Period.
17. The Campaign is in no way sponsored, endorsed, administered by, or associated with Facebook, Twitter, Instagram, Snapchat, YouTube, TikTok, Reddit, Pinterest, LinkedIn or any other social networks or platforms that are used for this Campaign. You understand that you are providing your information to the owner of the Campaign and not to Facebook, Twitter, Instagram, Snapchat, YouTube, TikTok, Reddit, Pinterest, LinkedIn or any other social networks or services.
18. Acceptance of Rules: By participating in the Campaign, You have affirmatively reviewed, accepted, and agreed to all of the Official Rules and Terms and Conditions.

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