OFFICIAL RULES: NO PURCHASE NECESSARY TO ENTER OR WIN.
Eligibility:The “Lava Sweepstakes” ("Sweepstakes") is open to legal residents of the United States (including the District of Columbia, Hawaii, and Alaska) and Canada (excludes Quebec residents) except employees, officers, directors (and their immediate families and those living in their same households) of Spencer’s Gifts, LLC (“Sponsor”), or any organization responsible for sponsoring, fulfilling, administering, advertising or promoting the Sweepstakes or supplying the prizes, and/or their respective parent subsidiary, affiliated and successor companies. Void in The U.S. Virgin Islands, U.S. military installations in foreign countries and all other U.S. territories and possessions and where otherwise restricted or prohibited by law. Participants must be 13 years of age or older at the time of entry, who have Internet access and are the authorized user of a working email address.
How to Enter:People wanting to participate must follow @spencers on Instagram between Friday, August 17, 2018 at 12:00:01 AM Eastern Time ("ET") and Sunday, August 19, 2018 at 11:59:59 PM ET (“Promotion Period”), of the original post (“Promotion Period”). All entries must be received on or before the end of the (“Promotion Period”). ANY MAIL-IN ENTRIES SUBMITTED WILL NOT BE ACCEPTED, WILL BE VOID AND AUTOMATICALLY DESTROYED WITHOUT OPENING. Use of any automated system to participate is prohibited and will result in disqualification. Incomplete, illegible, false or deceptive entries are void. All entries become property of Sponsor and will not be acknowledged. Sponsor is not responsible for interrupted or unavailable network, server or other connections, computer or software malfunctions or telephone transmission problems or technical failures, garbled transmissions, damage to a user's computer equipment (software or hardware) or other errors or malfunctions of any kind whether caused by computer viruses, worms or bugs, tampering, unauthorized intervention, fraud, equipment, programming used in this Sweepstakes, mechanical, electronic or human error or otherwise. In the event of a dispute as to any registration or play, the authorized account holder of the email address used to register will be deemed to be the registrant or player. The "authorized account holder" is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Potential winners may be required to show proof of being the authorized account holder. By participating, entrants agree to abide by these Official Rules and to the decisions of the judges, which shall be final and binding in all matters relating to this Sweepstakes.
To become a member of Instagram, download Instagram on a mobile device and request membership. Membership to Instagram is free. Before entering the Sweepstakes, the “Private Account” option in the account settings must be set to “OFF”.
Instagram Content Restrictions:Your Instagram entry must not 1) contain material that violates or infringes another’s rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright infringement; 2) contain material that is inappropriate, indecent, obscene, or otherwise offensive (as determined by Sponsor in their sole discretion), hateful, tortious, defamatory, slanderous or libelous; 3) contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; and 4) contain material that is unlawful, in violation of or contrary to the laws or regulations in any state where entry is created. Failure to comply with these Restrictions, as determined by Sponsor in its sole discretion, is grounds for automatic disqualification from the Sweepstakes. Uploading an entry constitutes an entrant’s consent to give Sponsor a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display such submissions in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, creative, media or technology now known or later developed, including for promotional or marketing purposes. If requested, entrant will sign any documentation that may be required for Sponsor or its designees to make use of the non-exclusive rights entrant is granting to use the entry. Released Parties (as defined in the Release section below) are not responsible for lost, late, stolen, damaged, incomplete, invalid, un-intelligible, garbled, delayed or misdirected entries; all of which will be void. By submitting your entry in the Sweepstakes, you acknowledge and agree that Sponsor will own all entries submitted by you in the Sweepstakes. Each entrant into the Sweepstakes hereby irrevocably grants, transfers, sells, assigns and conveys to the Sponsor, its successors and assigns, all present and future right, title and interest of every kind and nature whatsoever in and to the entry(ies) for exploitation throughout the universe, in perpetuity, by means of any and all media and devices whether now known or hereafter devised. Sponsor shall have the right, in its sole discretion, to edit, composite, morph, scan, duplicate, or alter, the entry(ies) for any purpose which Sponsor deems necessary or desirable, and each entrant irrevocably waives any and all so-called moral rights they may have in the entry(ies) submitted by him or her. Each entrant hereby acknowledges that such entrant does not reserve any rights in and to his/her entry(ies). Sponsor shall have no obligation (express or implied) to use any entry, or to otherwise exploit any entry or, if commenced, to continue the distribution or exploitation thereof, and Sponsor may at any time abandon the use of the entry(ies) for any reason or no reason at all, and no entrant shall be entitled to any damages or other relief by reason thereof.
Drawing:One-hundred (100) winner s will be selected from all eligible entries received by a random drawing. The winners will be notified by Instagram Direct Message; then followed-up with an email. Limit one (1) prize per person during the Sweepstakes. In the case of a selected winner who is a Canadian resident, s/he must also answer, without assistance of any kind, whether mechanical or otherwise, a mathematical skill testing question posed by telephone or email. Tangible prizes will be shipped from the Spencer’s in Egg Harbor Twp, NJ via ground shipping within 30 working days of receiving winner’s reply. Any and all taxes on the prize, and any other costs, fees, and expenses not explicitly stated herein are the sole responsibility of the prize recipient.
Prize: • One (1) 17-inch lava lamp (Est. retail value: $29.99)
Miscellaneous: No transfer, cash redemption, or prize substitutions (or portion thereof) allowed, except at the Sponsor’s sole discretion. In the unlikely event that any portion of the prize is undeliverable for any reason Sponsor will award a substitute prize of equal or greater retail value. Each potential winner will have three (3) business days from the moment such notification is issued to respond to such notification by following instructions provided therein. By responding to the notification in the time provided, the potential winner is agreeing to an affidavit of eligibility/liability and publicity release. If a response is not received in the time provided, the prize will be forfeited and no alternate winner will be selected. Sponsor reserves the right to modify the notification procedures in connection with the selection of the alternate winner(s), if any. Acceptance of any prize constitutes the prize winner’s permission for Sponsor to use such person’s name, biographical and prize information, entry materials, picture, and likeness for promotional or advertising purposes in connection with this Sweepstakes without further notice or further compensation or permission except where prohibited by law. All entries are subject to verification prior to awarding of prizes. Eligibility, age, and claims made by prize winners in regards to compliance with these Official Rules also are subject to verification prior to awarding of prize. Sponsor will not replace any lost or stolen prize items once in the winner’s possession. Sponsor shall not be liable to winner or any person claiming through winner for failure to supply the prize or any part thereof, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulations(s), order(s) or request(s) prove(s) to be invalid), equipment failure, terrorist acts, threatened terrorist acts, air raid, blackout, act of public enemy, earthquake, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal) labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond Sponsor’s sole control (collectively, "Force Majeure Event"). By entering, entrant agrees that Sponsor and all of their respective officers, directors, employees, representatives and agents shall have no liability for, and shall be held harmless for and against any damage, loss or injury that may arise in whole or in part, directly or indirectly, from: (i) the acceptance, possession, use or misuse of prize or participation in this Sweepstakes; or (ii) printing, distribution or production errors. Sponsor or their affiliates may rescind any promotion found to contain such errors without liability at their sole discretion. Sponsor makes no warranty, representation or guarantee, express or implied, in fact or in law, relative to the nature of any prize awarded. Sponsor reserves the right, in their sole discretion to modify, cancel, terminate or suspend this Sweepstakes should causes beyond the control of Sponsor, including but not limited to a Force Majeure Event (as defined herein), impair the administration, security, fairness or proper play of the Sweepstakes and, in the event of cancellation, termination or suspension, select, at Sponsor’s discretion, winners from eligible, non-suspect entries received prior to event requiring such cancellation, termination or suspension. Sponsor reserves the right at their sole discretion to disqualify any individual that (i) tampers or attempts to tamper with the entry process or the operations of this Sweepstakes in any manner, (ii) violates the Official Rules, or (iii) acts in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. CAUTION: Any attempt by an entrant or any other individual to deliberately damage or undermine the legitimate operation of this Sweepstakes is a violation of criminal and civil laws. Should such an attempt be made, Sweepstakes parties reserve the right to seek civil and/or criminal prosecution and/or damages from any such person to the fullest extent permitted by law.
Jury Trial Waiver:Except as prohibited by law and as a condition of participating in this Sweepstakes, entrant hereby waives any right it may have to a trial by jury in respect of any litigation directly or indirectly arising out of, under or in connection with this Sweepstakes, any document or agreement entered into in connection herewith and any of the transactions contemplated hereby or thereby.
Winner & Official Rules: For a printed copy of the Official Rules and the names of the winners, send a stamped, self-addressed envelope for receipt by September 5, 2018 to: “Lava Sweepstakes” Winners, Spencer Gifts LLC-Marketing, 6826 Black Horse Pike, Egg Harbor Township, NJ 08234-4197.
Governing Law & Jurisdiction: The conduct of this Sweepstakes and the application of these Official Rules shall be governed by the law of the state of New Jersey USA, whose courts shall have exclusive jurisdiction in the event that any dispute arises regarding the Sweepstakes or the prize. Sponsor & Administrator: Spencer Gifts LLC, Egg Harbor Township, NJ 08234. Instagram is in no way associated with or responsible for sponsoring, endorsing, or administering this Sweepstakes. All trademarks are the property of their respective owners.© 2018 Spencer Gifts LLC,. All Rights Reserved.