NUGGET – NOVEMBER 2021 INSTAGRAM GIVEAWAY – THE ELMO NUGGET
- NO PURCHASE NECESSARY TO ENTER OR WIN.
- SPONSOR AND ELIGIBILITY: Open to residents of the 50 United States and D.C. and Canada, 18 years of age and older as of November 19, 2021, except for employees of Nugget Comfort LLC (“Sponsor”), its affiliates, subsidiaries, and agencies (collectively “Promotion Parties”), and members of their immediate family or persons living in the same household. Void where prohibited.
- AGREEMENT TO OFFICIAL RULES: By participating, entrants agree to abide by and be bound by these Official Rules and the decisions of the Sponsor, which are final and binding in all matters relating to this giveaway. Winning a prize is contingent upon fulfilling all requirements set forth herein.
- HOW TO PARTICIPATE: Beginning on November 19, 2021 at 12:00pm EST through November 22, 2021 at 9:00am EST, log in to your Instagram account and follow @nuggetcomfort, like the post and tag three (3) friends in the comment section who will do a happy dance when they see this Nugget. You may also participate by sending an email to email@example.com and insert “Entry to November 22, 2021 Nugget giveaway” in the subject field. All emails must be received prior to the above deadline.
- DRAWING: A random drawing will be conducted on or about November 22, 2021 by the Company to select the winner from among all eligible entries received. Odds of winning depend on the number of entries received. Potential winners will be notified through Sponsor’s Instagram account and must sign and return any required affidavit of eligibility and release of Company within three (3) days of the date notice is sent by Sponsor or such other date set by Sponsor. Failure to respond within the applicable time period will result in forfeiture of prize and Sponsor shall have the option to award the prize to an alternate winner. The return of any prize notification or prize as undeliverable may result in disqualification and an alternate winner may be selected. All income taxes resulting from acceptance of prize are the responsibility of winner. By entering this giveaway, entrant accepts and agrees to these Official Rules and the decisions of the Sponsor, which shall be final in all matters. Acceptance of a prize also constitutes permission to the Promotion Parties to use winner's name for marketing purposes without further compensation or right of approval, unless prohibited by law. All federal and state laws apply.
- LIMITATION OF LIABILITY: By entering this giveaway, entrants waive all right to, and hold the Promotion Parties harmless from, any claim, liability, loss, damage (including punitive, incidental, and consequential damages), or expense (including attorneys' fees) arising out of or in connection with participation in this giveaway or the acceptance, use or misuse of any prize. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. Promotion Parties will not be responsible for: late, incomplete, or incorrect entries; an entrant's failure to receive prize notices due to entrant's spam, junk e-mail, or other security settings or for entrants’ provision of incorrect or otherwise non-functioning contact information; technical, hardware, or software malfunctions, lost or unavailable network connections, or failed, incorrect, inaccurate, incomplete, garbled, or delayed electronic communications whether caused by the sender or by any of the equipment or programming associated with or used in this giveaway; by any human error which may occur in the processing of the entries in this giveaway; or any typographical, technological, or other error in the publishing of the offer, administration of the giveaway, or announcement of the prizes. If, in the Company's opinion, there is such an error, or there is any suspected evidence of tampering with any portion of the giveaway, or if technical difficulties (including viruses and bugs) compromise the integrity of the giveaway, Sponsor reserves the right to cancel or modify this giveaway in a manner deemed appropriate in its sole discretion. In the event of termination, winners will be selected from among all eligible entries received as of date of termination. In the event a dispute arises as to the identity of a potentially winning entrant, entries will be declared made by the name on the online entry form via Instagram.
- PRIZES: Total prize value: $279. Prize consists of one (1) Nugget Couch and only those items specifically listed as part of the prize. No substitution or transfer of prize permitted by winner. Prize is not eligible for warranty and may not be returned or exchanged. Sponsor reserves the right to substitute a prize of equal or greater value. All prizes will be awarded. If a potential winner is disqualified for any reason, Sponsor will award the applicable prize to an alternate winner by random drawing from among all remaining eligible entries. PRIZES ARE FINAL IN ALL RESPECTS AND ARE NOT SUBJECT TO RETURNS OR OUR WARRANY POLICY FOR ANY REASON.
- GENERAL CONDITIONS: If for any reason the giveaway is impaired or incapable of running as planned for any reason, including but not limited to (i) infection by computer virus or bugs, (ii) tampering or unauthorized intervention, (iii) fraud, (iv) technical failures, or (v) any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of this giveaway, the Sponsor reserves the right at its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the giveaway in whole or in part, at any time, without notice and award a prize using all non-suspect eligible entries received as of, or after (if applicable) the cancellation, termination, modification or suspension date, or in any manner that is fair and equitable and best conforms to the spirit of these Official Rules. Sponsor reserves the right, at its sole discretion, to disqualify any individual deemed to be tampering or attempting to tamper with the entry process or the operation of the giveaway or Sponsor’s website or any third-party website or mobile application used for this giveaway; or acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. Failure by the Sponsor to enforce any provision of these Official Rules shall not constitute a waiver of that provision.
- CHOICE OF LAW AND FORUM: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of entrants and Sponsor in connection with the giveaway shall be governed by and construed in accordance with the laws of the State of North Carolina, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s or jurisdiction’s laws. By participating in the giveaway, entrant agrees that: (i) any and all disputes, claims, and causes of action arising out of or in connection with the giveaway, shall be resolved individually without resort to any form of class action; (ii) any judicial proceeding shall take place in a federal or state court within the State of North Carolina; (iii) 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 will attorney fees be awarded or recoverable; (iv) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to seek, punitive, incidental, exemplary, consequential, special damages, lost profits, other damages, and/or any rights to have damages multiplied or otherwise increased; and (v) entrant’s remedies are limited to a claim for money damages (if any) and he/she waives any right to seek injunctive or equitable relief.
- MISCELLANEOUS: These Official Rules contain the full and complete understanding with respect to the giveaway and supersede all prior and contemporaneous agreements, representations and understandings, whether oral, electronic or written. The headings herein are for convenience only, do not constitute a part of these Official Rules, and shall not be deemed to limit or affect any of the provisions hereof. No amendment to, or waiver of, any provision of these Official Rules shall be effective unless in writing and signed by Sponsor. The waiver by Sponsor of any provision of these Official Rules shall not constitute a waiver of any other provision herein. The rights and obligations hereunder may not be assigned by entrant, whether by operation of law or otherwise, without the prior written consent of Sponsor, and any attempted assignment in violation of the foregoing shall be null and void. These Official Rules shall be binding upon, and inure to the benefit of, the permitted successors and assigns of Sponsor and entrants.
- WINNERS LIST: For the names of all prize winners, available after December 6, 2021, send a self-addressed, stamped #10 envelope to: Nugget Comfort LLC, 200 Business Park Drive, Butner, North Carolina 27509.
- SPONSOR: Nugget Comfort LLC located at 200 Business Park Drive, Butner, North Carolina 27509.