EllDan Corp dba Fantastic Sams
October 2019 Free Haircuts for a Year Giveaway – Faribault
Promotional Prize Pack Giveaway
Official Rules and Regulations
No Purchase is Necessary to Win. By entering you consent to be bound by these Official Rules and to have read and understood them accordingly. Void where prohibited by law. Subject to all federal, state and local laws.
1. Introduction: EllDan Corp dba Fantastic Sams October 2019 Free Haircuts for a Year Giveaway – Faribault (the “Promotion”) is a promotion where one (1) eligible entrant will win Free Haircuts for a Year (the “Prize”). The foregoing is only a general description of the Promotion and the prize and is subject to the following Official Rules and Regulations.
ONLY ONE PRIZE WILL BE AWARDED IN THIS PROMOTION PERIOD
2. Sponsor: The Promotion is sponsored by EllDan Corp of Minneapolis, MN (the “Sponsor”). All decisions regarding the Promotion will be made by Sponsor and will be final and binding. This Promotion is intended only as a promotion of Sponsor. The fact that any other business entity is mentioned or provides goods or services during this Promotion is merely incidental to the Promotion.
3. Agreement to Official Rules and Regulations: Entrant’s participation in the Promotion constitutes entrant’s full and unconditional agreement to and acceptance of these Official Rules and Regulations and the decisions of Sponsor, which are final and binding. Winning the prize is conditioned upon entrant fulfilling all requirements and complying with all rules set forth herein.
4. Eligibility: The Promotion is only open to entrants who, as of the entry date are permanent legal residents of the United States or the District of Columbia, and who are at least eighteen (18) years old. Promotion entrants must enter using the MobileFyre Text-Based Marketing Check-In Kiosk located in the Faribault Fantastic Sams Salon located at 300 Western Ave, Faribault, MN.
Additionally, employees of EllDan Corp. (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 Promotion. The Promotion is subject to all applicable federal, state and local laws and regulations. Void where prohibited.
5. Timing: Entries will be accepted at participating salon locations throughout October 2019. Prize offer will be updated throughout the entry period.
6. Drawing: On the established drawing date published on marketing materials, the Sponsor will electronically randomly draw one (1) potential winner in a random drawing from among all eligible entries received. Sponsor reserves the right to change the drawing date or time in Sponsor’s sole, absolute, and unmitigated discretion. After the entry is drawn, Sponsor shall determine whether the selected entries are from eligible entrants and potential winners. If the potential winners are not eligible as determined in the sole, absolute, and unmitigated discretion of the Sponsor, then Sponsor will randomly draw one (1) potential winner and repeat the process until one (1) eligible potential winner is determined. Said potential winner will then be notified and shall respond as set forth in these rules in order to claim the prizes.
7. Prizes: Prizes consist of one (1) Haircuts for a Year, as determined by the Sponsor. In this instance, Haircuts for a Year equates to twelve (12) Adults Haircuts at the Faribault Fantastic Sams, at a rate of one per month. 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 prize constitutes permission for EllDan Corp. to use winner’s name, likeness, and entry for purposes of advertising and trade without further compensation, unless prohibited by law.
There will be one (1) prize awarded. Approximate Retail Value of the prize: $240. The odds of winning depend on the number of eligible entries received by Sponsor. The prize cannot be assigned, transferred, exchanged or redeemed for cash.
8. Requirements of Potential Winner: At the time of winning, prior to prize release, the potential winner will be required to electronically sign and complete an affidavit of eligibility and liability/publicity release (the “Affidavit/Release”). If the potential winner fails or refuses to sign and agree to the terms of the Affidavit/Release, the Sponsor will select an alternate potential winner in his/her place at random from all remaining entries received.
9. Notification and Forfeiture: The winners of the Promotion will be selected in a random drawing under the supervision of the Sponsor. The drawing will occur at a point determined by the sponsor. If the winner does not acknowledge and return the electronic release within 24 hours of notification, such winner shall be disqualified and the Sponsor will select an alternate potential winner in his/her place at random from all remaining entries received. Sponsor shall repeat the process with the alternate potential winner. The above alternative selection process shall be repeated until a winner is successfully identified. Sponsor shall not be liable to potential winners for failing to contact the potential winner.
The receipt by winner of the prize offered in this Promotion is conditioned upon compliance with any and all federal and state laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY THE WINNER (AT SPONSOR’S SOLE DISCRETION) WILL RESULT IN SUCH WINNER’S DISQUALIFICATION AS WINNER OF THE PROMOTION AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.
10. Publicity: Except where prohibited by law, participation in the Promotion constitutes winner’s consent to Sponsor’s (and its designees’, successors’, and assigns’) use of winner’s name, biography, likeness, voice, photographs, video, opinions, statements, hometown, state and country for promotional purposes in any manner or media, worldwide, in perpetuity, and without further payment, consideration, notice, review, or consent.
11. Release: By accepting any Promotion prize, winner agrees that Sponsor is not liable for any and all injuries, losses, or damages of any kind resulting in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of any prize or from winner’s participation in Promotion. By entering the Promotion, each entrant forever and irrevocably releases and holds harmless Sponsor from and against all claims, damages, or liabilities arising in whole or in part, directly or indirectly, from entrant’s participation and/or entry in the Promotion. Prizes are accepted as awarded, and prizes are awarded “AS IS” with no warranty, representation, or guarantee, express or implied, in fact or in law, made by Sponsor or for which Sponsor may be liable, including without limitation, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE.
12. General Conditions: Sponsor reserves the right, in its sole, absolute and unmitigated discretion, to terminate, modify, or suspend the Promotion if, in Sponsor’s opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Promotion, or if viruses, bugs, unauthorized intervention, fraud, technical difficulties, or failures or any other factor beyond Sponsor’s reasonable control corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Promotion. Sponsor reserves the right to disqualify any individual it finds to be tampering with the entry process (referral manipulation, automated/bot entries, etc.) or the operation of the Promotion or to be acting in violation of the Official Rules and Regulations or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately damage any website or undermine the legitimate operation of the Promotion is a violation of criminal and civil laws, and should such an attempt be made, Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any of the Official Rules and Regulations shall not constitute a waiver of that provision or any other provision of these Official Rules and Regulations.
By entering the Promotion you agree to receive text messaging and other marketing materials periodically from EllDan Corp dba Fantastic Sams. You can opt-out of receiving this communication at any time by clicking the unsubscribe link in any text message.
Sponsor reserves the right to make rule or Promotion changes without notice at any time and reserves the right to change the Promotion dates without notice. Sponsor further reserves the right to cancel the Promotion at any time, without notice to entrants, for any reason Sponsor deems appropriate in Sponsor’s sole, absolute and unmitigated discretion.
13. Limitations of Liability: Sponsor, the members, managers, employees, owners, affiliates, agents, attorneys, and representatives of Sponsor are not responsible for and shall not be liable for the following:
(a) late, lost, delayed, damaged, misdirected, incomplete, illegible, or unintelligible, notice release forms, affidavits, or other correspondence;
(b) telephone, electronic, hardware or software program, network, internet, or computer malfunctions, failures, or difficulties of any kind;
(c) any condition caused by events beyond the control of Sponsor that may cause the Promotion to be disrupted or corrupted;
(d) any injuries, losses, or damages of any kind arising in connection with or as a result of the prize, acceptance, possession, or use of the prize, or from participation in the Promotion, including but not limited to tax payments;
(e) any printing or typographical errors in any materials associated with the Promotion;
(f) any federal, state, or local laws or regulations or ordinances which may or may not be violated during the creation, participation, and winning of any entry form, prize, or other Promotion material; or
(g) incorrect or inaccurate entry information, whether caused by technical or human error which may occur in the processing of the entries for the Promotion.
14. Disputes: THIS PROMOTION IS GOVERNED BY THE LAWS OF THE STATE OF MINNESOTA, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Promotion, participant agrees that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or connected with this Promotion, shall be resolved individually, without resort to any form of class action, exclusively before a court located in Minnesota having jurisdiction. Further, in any such dispute, under no circumstances will participant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental, or consequential damages, including reasonable attorneys’ fees, other than participant’s actual out-of-pocket expenses (i.e. costs associated with entering this Promotion), and participant further waives all rights to have damages multiplied or increased.
16.Sponsor: The Sponsor of the Promotion is EllDan Corp., 3838 Washburn Ave N., Minneapolis, MN 55412. 763-445-9104.
17.Entire Agreement: These Official Rules and Regulations constitute the entire agreement of the Sponsor and the entrant and supersede all previous verbal agreements, understandings, commitments, obligations, duties, rights, and contracts between Sponsor and entrant concerning this Promotion.