Magnolia Home Paint Giveaway Rules

Updated: 2020-04-27 13:59:19 UTC

MAGNOLIA HOME PAINT GIVEAWAY RULES

 

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. The 2020 Magnolia Home Paint Giveaway (the “Giveaway”) is sponsored by Magnolia Market, LLC, 601 Webster Avenue, Waco, Texas 76706 (the “Sponsor”). This Giveaway is governed by these official rules (“Official Rules”). By participating in the Giveaway, each entrant agrees to abide by these Official Rules, including all eligibility requirements, and understands that the results of the Giveaway, as determined by Sponsor and its agents, are final in all respects. The Giveaway is subject to all federal, state and local laws and regulations and is void where prohibited by law. This promotion is in no way sponsored, endorsed or administered by, or associated with, Instagram. Any questions, comments or complaints regarding the promotion must be directed to Sponsor.

GIVEAWAY PERIOD: The Giveaway begins on or about April 27, 2020 at approximately 2:00pm (CT) and ends at April 30, 2020, at approximately 2:00pm (CT) (“Entry Period”). All entries must be received on or before the time stated during the Entry Period. Sponsor reserves the right to extend or shorten the Giveaway at their sole discretion.

HOW TO ENTER: THERE IS NO PURCHASE OR PAYMENT NECESSARY TO ENTER, PARTICIPATE OR WIN. A purchase does not increase your chances of winning. To enter this Giveaway you must do the following before the end of the Entry Period: (1) Follow @Magnolia on Instagram; and (2) Post a comment in response to the Magnolia post published on April 27, 2020 asking people for their favorite Magnolia Home interior paint color. Participants are limited to one (1) answer per day. In the event of a dispute regarding the identity of a participant’s online answer comment, the entry will be deemed to have been made by the authorized holder of the social media account at the time the comment was made. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and to Sponsor’s decisions, which are final and binding in all matters related to the Giveaway. Winning a prize is contingent upon fulfilling all requirements set forth herein. Sponsor reserves the right to verify the eligibility of the winner.

ELIGIBILITY RESTRICTIONS: The Giveaway is open only to legal residents of the United States (other than residents of Alaska and Hawaii) who are eighteen (18) years of age or older at the time of submission, unless otherwise specified. Employees of Sponsor, its officers, directors, subsidiaries, affiliates, general sponsors, promotional partners, their respective subsidiaries, affiliates, parent companies, members of the immediate families (defined as spouse, child, sibling, parent, or grandparent), and members of the households (whether related or not) of any of the above are NOT eligible to participate or win in this Giveaway. Participants agree to abide with any applicable federal, state, local laws and regulations, as well as the specific policies for Instagram. Any attempt by a person to use multiple accounts to enter the Giveaway more than once per day may result in disqualification at Sponsor’s sole discretion

LIMITATIONS: Entries by any method other than set forth above are void. Any use of automated or programmed methods of effecting Entry is prohibited. Neither the Sponsor, nor any of its subsidiaries, affiliated or successor companies, their officers, directors, shareholders, employees, agents or representatives (individually and collectively, “Releasees”) are responsible for Entries from persons residing, or physically located, outside the United States; Entries that are altered, delayed, deleted, destroyed, forged, fraudulent, improperly accessed, inaccurate, incomplete, interrupted, irregular in any way, late, lost, misdirected, multiple, non-delivered, stolen, tampered with, unauthorized, unintelligible or otherwise not in compliance with these Official Rules; or for lost, interrupted or unavailable satellite, network, server, Internet Service Provider, Website or other connections; telephone or cell phone service availability or accessibility; miscommunications; failed computer, satellite, telephone or cable transmissions, lines or technical failure; jumbled, corrupted, scrambled, delayed or misdirected transmissions; computer hardware or software or text message malfunctions, failures, technical errors or difficulties; unauthorized human intervention; traffic congestion; undeliverable emails resulting from any form of active or passive email filtering; insufficient space in entrant’s email account to receive email from the Sponsor concerning the Giveaway; or other errors of any kind, whether due to electronic, human, mechanical, printing, production or technical errors or other causes; even if caused by the negligence of any of the Releasees. Each of such potential Entries will be disqualified. Giveaway is subject to all applicable federal, state, local and municipal laws and regulations, and is void in Alaska, Hawaii and where prohibited by law.

WINNER(s) SELECTION: On or about April 30, 2020, on or around 2:30pm (CT) Sponsor will conduct a random draw from all eligible Entries received during the Entry Period, and the winners will be announced in an Instagram story posted on Sponsor’s Instagram account on or around 3:00pm (CT). The winners will be randomly selected by the Sponsor, using https://app-sorteos.com/en. Appsorteos is an independent organization. The odds of winning depend on the number of eligible Entries received during the Entry Period. Before being declared a winner, selected entrants must confirm eligibility and confirm compliance with these Official Rules, provide a mailing address for delivery of the prize package, and release “The Sponsors”, and their respective advertising and promotion agencies and their respective officers, directors, agents, representatives, successors and assigns (the “Releasees”) from any liability in connection with this Giveaway, the entrant’s participation therein and/or the awarding and use of the prize or any portion thereof.

PRIZES: There are a total of five (5) prize packages available to be won. If a winner is determined to be ineligible, is non-responsive, or unable to accept the prize, the prize will be forfeited in its entirety. Each prize package consists of two (2) gallons of the winner’s favorite Magnolia Home interior paint color. Approximate retail value (“ARV) is $90.00. No substitution of prize offered, no transfer of any prize to a third party is permitted and prize may not be redeemed for cash value, except by Sponsor, who reserves the right in its sole discretion to substitute prize for a prize of comparable or greater value. If the actual purchase price of a prize is less than the ARV stated herein, Prize Winner will NOT be entitled to a check, cash or other form of payment for the price difference. Taxes are the responsibility of Prize Winner.

LIMITATON OF LIABILITY AND RELEASE: BY PARTICIPATING IN THIS GIVEAWAY, ENTRANTS AGREE TO THESE OFFICIAL RULES AND FURTHER AGREE THAT SPONSOR, SPONSOR'S AFFILIATES, AND INSTAGRAM, AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS; AND EACH OF ALL OF THE FOREGOINGS' RESPECTIVE OFFICERS, DIRECTORS, OWNERS, SHAREHOLDERS, MEMBERS, MANAGERS, PARTNERS, PRINCIPALS, EMPLOYEES, AGENTS AND REPRESENTATIVES (COLLECTIVELY "RELEASED PARTIES") WILL HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY ENTRANTS AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM AWARDING, ACCEPTANCE, POSSESSION, MISUSE, OR USE OF THE PRIZE, ENTRY, OR PARTICIPATION IN THIS GIVEAWAY OR IN ANY PRIZE RELATED ACTIVITY OR IN ANY PROMOTION RELATED ACTIVITY (IN EACH CASE, INCLUDING BUT NOT LIMITED TO TRAVEL), OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY, OR MERCHANDISE DELIVERY. THE RELEASED PARTIES ARE NOT RESPONSIBLE IF ANY PRIZE CANNOT BE AWARDED DUE TO CANCELLATIONS, DELAYS, OR INTERRUPTIONS DUE TO ACTS OF GOD, ACTS OF WAR, NATURAL DISASTERS, WEATHER, OR TERRORISM.

WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS GIVEAWAY, INCLUDING THE PRIZE, IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.

PUBLICITY: EXCEPT WHERE PROHIBITED BY LAW, PRIZE WINNER GRANTS TO SPONSOR, AND THOSE ACTING PURSUANT TO ITS AUTHORITY, THE RIGHT AND PERMISSION TO PRINT, PUBLISH, BROADCAST, AND USE, WORLDWIDE IN ANY MEDIA NOW KNOWN OR HEREAFTER DEVELOPED, INCLUDING BUT NOT LIMITED TO THE WORLD WIDE WEB, AT ANY TIME OR TIMES, PRIZE WINNER’S NAME, PORTRAIT, PICTURE, VOICE, LIKENESS, ENTRY, AND BIOGRAPHICAL INFORMATION FOR ADVERTISING, TRADE, AND PROMOTIONAL PURPOSES (INCLUDING THE ANNOUNCEMENT OF HIS OR HER NAME THROUGH SOCIAL MEDIA) WITHOUT ADDITIONAL CONSIDERATION, COMPENSATION, PERMISSION, OR NOTIFICATION. ENTRANTS

AGREE THAT SPONSOR SHALL OWN THE ENTRIES, WHICH WILL NOT BE ACKNOWLEDGED OR RETURNED, AND THAT SPONSOR AND ITS DESIGNEES SHALL HAVE THE PERPETUAL, WORLDWIDE RIGHT TO EDIT, PUBLISH, AND USE THE ENTRIES IN ANY WAY AND IN ANY MEDIA FOR TRADE, ADVERTISING, PROMOTIONAL, AND/OR OTHER PURPOSES AS SPONSOR AND/OR THEIR DESIGNEES MAY DETERMINE WITHOUT FURTHER CONSIDERATION TO ENTRANTS OR ANY THIRD PARTY.

GENERAL: By entering the Giveaway, entrant affirms that they have read, understand and accepted these Official Rules. The Sponsor reserves the right to extend, modify or cancel the Sweepstake for any reason in its sole discretion, including without limitation, if fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity of the Giveaway, as determined by Sponsor in its sole discretion. If, for any reason, the Giveaway is not capable of running as planned, Sponsor may, in its sole discretion, void any suspect entries and (a) modify the Giveaway or suspend the Giveaway to address the impairment and then resume the Giveaway in a manner that best conforms to the spirit of these Official Rules; or (b) award the prizes at random from among all non-suspect entries received prior to cancellation up to the time of the impairment. The Sponsor is not responsible for error, omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions of any kind, or inaccurate transmission of, or failure to receive entry information by Sponsor on account of technical problems or traffic congestion on the Internet or at any website or any combination thereof. Sponsor is also not responsible for any injury or damage to an entrant’s or any other person’s computer related to or resulting from playing or downloading any materials in the Giveaway. Information provided by you for this Giveaway is subject to Sponsor’s privacy policy located at: https://support.magnoliamarket.com/hc/en-us/articles/204592859-Privacy-Policy.

DISPUTES: This Giveaway is subject solely to the applicable federal, state and local laws of the United States and is not subject to any laws outside of the United States; provided, however, that, except where prohibited, by participating in the Giveaway entrant agrees that: (a) any and all disputes, claims and causes of action arising out of or connected with this Giveaway or any prize awarded shall be resolved exclusively by final and binding arbitration under the rules of the American Arbitration Association in an arbitration to be held at the AAA regional office nearest the Sponsor where the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; (b) a judgment upon any such arbitration award may be entered in any court having jurisdiction; (c) to the degree any dispute, claim or cause of action arising out of or connected with this Giveaway or any prize awarded is not subject to arbitration, then it shall be adjudicated exclusively by the appropriate Federal courts located in Dallas, Texas, U.S.A or the state courts located in Waco, Texas, U.S.A; (d) any and all disputes, claims and causes of action arising out of or connected with this Giveaway or any prize awarded shall be resolved individually, without resort to any form of class action; (e) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Giveaway, but in no event attorneys’ fees; and (f) 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, and any and all rights to have damages multiplied or otherwise increased, other than for actual out-of-pocket expenses. 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 Giveaway, shall be governed by, and construed in accordance with, the laws of the State of Texas, without giving effect to any choice of law or conflict of law rules (whether of the State of Texas or any other jurisdiction) which would cause the application of the laws of any jurisdiction other than the State of Texas.

DISCLAIMER: THIS GIVEAWAY IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH INSTAGRAM OR OTHER SOCIAL MEDIA OUTLET. By entering this Giveaway, you understand you are providing your information to Sponsor and not to the aforementioned entities. Any questions, comments or complaints regarding this Giveaway will be directed to the Sponsor.

WINNER’S LIST: For Prize winners’ names (available after 3pm CT on 04/30/2020), visit Sponsor’s Instagram account available here: https://www.instagram.com/magnolia/?hl=en.

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