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Flush Packaging Official Giveaway Rules
Updated August 21, 2023
NO PURCHASE NECESSARY
No purchase or payment of any kind is necessary to enter or win this promotion. Purchase will not improve any entrant’s chance of winning.
Flush Packaging Giveaway (the “Promotion”) is open to legal residents of the United States and the District of Columbia who are of the age of majority or older in their respective jurisdiction at time of entry. The Promotion is void where prohibited or restricted by law or regulations. Employees, contractors, officers, and directors of Flush Packaging LLC (the “Sponsor”, their related brands, subsidiaries, affiliates, and their immediate family/household members are ineligible. Promotion is subject to applicable federal, state, provincial, and local laws and regulations, and void where prohibited, including, but not limited to, Puerto Rico, U.S. Virgin Islands, Guam, American Samoa, Northern Mariana Islands and U.S. military installations located in foreign countries and outside the United States, including Canada.
How to Enter
Beginning on August 21st, 2023 until 11:59:59PM PST on August 28th, 2023 (the "Promotion Period"), you may enter the Flush Packaging Giveaway (the "Promotion") by completing all of the following: (1) following @FlushPackaging on Instagram, (2) liking the promotional post on Instagram and (3) tagging a friend who you think would benefit from the products that Flush Packaging offers and leaving a comment on the promotional Instagram post with your guess as to the number of square feet of bubble wrap saved from purchases of Flush Packaging products. That number is calculated based on total number of vessel units sold (number of boxes sold multiplied by number of vessels per box) of Flush Packaging boxes from 2019 through August 18th, 2023 with an assumed 14 square inch amount of bubble wrap saved per vessel unit sold. There are no limits to the number of comments that may be submitted during the Promotion Period, however only one guess per Instagram account is allowed. In the event multiple comments/guesses are submitted by the same Instagram account, the earliest time and date comment/guess will be used for entry. Any single comment containing multiple guesses will be invalid and void from entry. In the event of a dispute as to any online entry, the authorized account holder of the Instagram account used to enter will be deemed to be the entrant. 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 holders. By entering the Promotion, you agree to the terms in these official rules.
Requirements of Entries
Entry may not contain, as determined by the Sponsor, in their sole discretion, any content that:
is sexually explicit or suggestive, unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group, or profane or pornographic, or contains nudity;
promotes any activities that may appear unsafe or dangerous;
promotes any particular political agenda or message;
is obscene or offensive, or endorses any form of hate or hate group;
defames, misrepresents or contains disparaging remarks about other people or companies;
contains trademarks, logos, or trade dress (such as distinctive packaging or building exteriors/interiors) or other intellectual property owned by others, without proper permission, or contains any personal identification, such as license plate numbers, street addresses, personal names or e-mail addresses;
contains copyrighted materials owned by others (including photographs, sculptures, paintings, and other works of art or images published on or in websites, television, movies or other media), without proper permission; contains materials embodying the names, likenesses, or other indicia identifying any person, including, without limitation, celebrities or other public or private figures, living or dead, without proper permission; contains look-alikes of celebrities or other public or private figures, living or dead;
communicates messages or images inconsistent with the positive images or good will of the Sponsor;
duplicates any other Entry in violation of these Official Rules or violates any law.
By submitting an Entry, each entrant acknowledges and agrees that (a) the Sponsor may obtain many Entries in connection with the Contest or other contests staged or promoted by the Sponsor, (b) such Entries may be similar or identical in theme, idea, format or other respects to other Entries submitted in connection with the Contest or entries for other contests sponsored by the Sponsor or submitted for other reasons or other materials developed by or on behalf of the Sponsor and (c) entrant waives any and all claims entrant may have had, may have, or may have in the future that any Entry or other works accepted, reviewed or used by the Sponsor may be similar to entrant’s Entry, or that any compensation is due to entrant in connection with such Entry or other works used by the Sponsor.
Prizes, Number of Prizes, and Approximate Retail Value (“ARV”)
All entries collected between August 21st, 2023 until 11:59PM PST on August 28th, 2023 (the "Promotion Period") are qualified to win the following prize:
Grand Prize: A two-hundred-and-fifty-dollar ($250.00) gift card to use at flushpackaging.com
The specifics of all aforementioned elements of the Prize in the Promotion shall be solely determined by the Sponsor. All costs, taxes, fees, and expenses associated with any element of the Prize not specifically addressed above are the sole responsibility of the Winner.
Prize cannot be transferred, substituted, or redeemed for cash except at Sponsors’ sole discretion. Sponsor reserves the right to substitute the Prize, or portions thereof, with a prize of equal or greater value. Limit one prize per individual.
How Winner will be Determined
Winner will be selected on August 22nd 2023. Winner is determined by having guessed the closest number, without exceeding, to the actual number of square feet of bubble wrap saved from purchases of Flush Packaging products as calculated by Flush Packaging and having met all rules, terms and conditions contained herein the Flush Packaging Giveaway Official Rules. The Winner will be announced on the homepage at www.flushpackaging.com on August 22nd 2023. In the event of a tie of two or more valid entries, the Winner will be selected based on the earliest posted comment/guess of the valid entries.
All results of the selections are final and binding, subject to these Official Rules. In the event a winning entry is discovered to be invalid for any reason whatsoever or the person who submitted the winning entry fails to comply with these Official Rules prior to delivery of the Prize, the Prize may be forfeited, and an alternate prospective Winner shall be selected. In selecting the winning number, the Sponsor acknowledges that errors in calculation of the winning number based on the method of calculation listed previously can occur but will not invalidate or otherwise alter the validity of the selected winning number.
Notice to Winner
The Winner has twenty-four (24) hours from time of announcement to contact Flush Packaging via direct message through Instagram to @FlushPackaging or via email to email@example.com to claim the Prize. Should the Winner not claim the Prize within the twenty-four (24) hour period, that entry will be deemed void, and a new Winner will be selected and announced as determined by being the next closest guess, without exceeding, subject to having met all conditions of the Official Rules. This process will continue (i.e. selection of the next closest guess without exceeding the winning number and having 24 hours to claim the Prize) until a winner has claimed the Prize.
Prize winner will receive an electronic gift card for the amount of the Prize. The gift card does not expire.
This Promotion is governed by the laws of the United States. All taxes on prizes are the sole responsibility of the winners. Sponsors reserve the right to suspend or cancel the Giveaway or modify these Official Rules as necessary for any reason or as required by applicable law.
Entry materials that have been tampered with or altered are void. If, in the Sponsors’ opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Promotion, or if computer virus, bugs, unauthorized intervention, fraud, or technical difficulties or failures compromise or corrupt or affect the administration, integrity, security, fairness, or proper conduct of the Promotion, the Sponsor reserves the right at their sole discretion to disqualify any individual who tampers with the entry process and void any entries submitted fraudulently, to modify or suspend the Promotion, or to terminate the Promotion and conduct a random drawing to award the prize using all eligible, non-suspect entries received as of the termination date. Should the Promotion be terminated prior to the stated expiration date, notice will be posted on the Website. In the event of a dispute as to the identity of the winner based on an e-mail address, the winning entry will be declared made by the authorized account holder of the e-mail address submitted at time of entry.
In the event of a dispute as to any entry, the authorized account holder of the social media account used to enter will be deemed to be the entrant. The "authorized account holder" is the natural person assigned an Instagram account associated with the submitted Instagram handle. A potential winner may be required to show proof of being the authorized account holder. Sponsors assume no responsibility for undeliverable messages resulting from any form of active or passive message filtering by an entrant's social media account.
Sponsor is not responsible for faulty, incorrect, or incorrectly transcribed social media messages, incorrect codes or announcements of any kind, technical hardware or software failures of any kind including any injury or damage to any person's computer related to or resulting from participating in or experiencing any materials in connection with the Promotion, lost or unavailable network connections, or failed, incomplete, garbled, or delayed computer transmission that may limit an entrant's ability to redeem a prize, or any error that may occur in the processing of registrations or codes.
Except where prohibited, participation in the Promotion constitutes an entrant's consent for the Sponsor and the Sponsors’ designees to use entrant's name, likeness, voice, opinions, biographical information, and city and state of residence for advertising, trade, publicity, and/or promotional purposes in any media, including the World Wide Web, without review, notification, or approval and without further compensation.
ANY ATTEMPT BY YOU TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY'S FEES) FROM YOU TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
Limitations of Liability/Release
Flush Packaging LLC ("Sponsor") and their respective affiliates, subsidiaries, parent, advertising and promotion agencies, and their respective officers, directors, shareholders, employees and agents, and any and all Internet servers and access provider(s) are not responsible for: any incorrect or inaccurate entry information; human error; technical malfunctions; failures, omission, interruption, deletion, or defect of any telephone network, computer online systems, computer equipment, server providers, or software, including any injury or damage to your or any other person's computer relating to or resulting from participation in this Promotion; inability to access Instagram; theft, tampering, destruction, or unauthorized access to, or alteration of entries; transactions that are processed late or incorrectly or are incomplete or lost due to computer or electronic malfunction or traffic congestion on the Internet or at any web site; printing or human or other errors; and any entries which are late, lost, incomplete, misdirected, stolen, or any combination thereof. Online submission is not considered proof of delivery or receipt. All entries become the property of the Sponsor and will not be returned. By entering, you agree to release, discharge, indemnify and hold harmless the Promotion Entity, Instagram, and their respective parent companies, subsidiaries, their respective representatives and agents, advertising and promotion agencies, promotion partners and prize suppliers, and all of their respective affiliated companies, employees, officers, directors and shareholders, from and against all claims and damages or liability arising in connection with your participation and/or entry in the Promotion and/or their receipt or use of any prize awarded in this Promotion or due to any injuries, damages or losses to any person (including death) or property of any kind resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any prize or participation in any Promotion-related activity or participation in this Promotion. Any and all warranties and guarantees are subject to the respective manufacturer's terms. Except where prohibited by law, the winner's entry and acceptance of the prize constitutes permission for the Promotion Entities to use said winner's names, photographs, likenesses, statements, biographical information, voices, and city and state addresses on a worldwide basis, and in all forms of media, in perpetuity, without further compensation. If by reason of a printing or other error, more prizes are claimed than the number set forth in these rules, all persons making purportedly valid claims will be included in a random drawing to award the advertised number of prizes available in the prize category in question. No more than the advertised number of prizes will be awarded. You further understand and agree that all rights under Section 1542 of the Civil Code of California ("Section 1542") and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived. You acknowledge that Section 1542 provides that: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.
Except where prohibited, participation in the Promotion constitutes your consent to Sponsors’ use of your name, likeness, entry, and state of residence for promotional purposes in any media without further payment or consideration.
AS A CONDITION OF ENTERING, YOU AGREE (AND AGREE TO CONFIRM IN WRITING): (A) TO BE BOUND BY THE OFFICIAL RULES AND THE DECISIONS OF THE SPONSOR WHICH ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE PROMOTION, (B) TO RELEASE SPONSOR, THEIR RESPECTIVE AFFILIATES, SUBSIDIARIES, RETAILERS, SALES REPRESENTATIVES, DISTRIBUTORS AND THE ADVERTISING AND PROMOTIONAL AGENCIES, AND EACH OF THEIR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS FROM ANY AND ALL LIABILITY, LOSS OR DAMAGE INCURRED WITH RESPECT TO THE AWARDING, RECEIPT, POSSESSION, TAXES, AND/OR USE OR MISUSE OF ANY PRIZE, INCLUDING WITHOUT LIMITATION, LOSS, DAMAGE, SYSTEM DAMAGE, LOSS OF PROPERTY OR DATA, ACCIDENTS, INJURIES, OR DEATH, (C) UNDER NO CIRCUMSTANCES WILL ENTRANT BE PERMITTED TO OBTAIN AWARDS FOR, AND ENTRANT HEREBY WAIVES ALL RIGHTS TO CLAIM, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR ANY OTHER DAMAGES, OTHER THAN FOR ACTUAL OUT-OF-POCKET EXPENSES; (D) ALL CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS PROMOTION, OR ANY PRIZE AWARDED, SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; AND (E) ANY AND ALL CLAIMS, JUDGMENTS, AND AWARD SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED, EXCLUDING ATTORNEYS' FEES AND COURT COSTS. WINNERS FURTHER AGREE TO HOLD HARMLESS SPONSOR AND THEIR DIRECTORS, OFFICERS, EMPLOYEES AND ASSIGNS AGAINST ANY AND ALL CLAIMS AND LIABILITY ARISING OUT OF WINNERS’ USE OF PRIZE.
The potential Winner may be required to complete and return an Affidavit of Eligibility and Liability/Publicity Release within 30 days of the end of the Promotion Period.
By entering, entrants, and by accepting a Prize, Winners, agree that all issues and questions concerning the construction, validity, interpretation and enforceability of the Promotion, these Official Rules, entrant’s rights and obligations, or the rights and obligations of the Sponsors in connection with the Promotion shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules, which would cause the application of the laws of any jurisdiction other than the State of California, irrespective of the fact that any one of the parties is now or may become a resident of a different state. By participating in this Promotion, entrants, and by accepting a Prize, Winners, consent to the jurisdiction and venue of the federal, state and local courts located in San Luis Obispo County, California and hereby waive any objection to such jurisdiction and venue. Any claim or cause of action arising out of or related to this Promotion or these Official Rules must be filed within one (1) year after such claim or cause of action arose regardless of any law to the contrary. In the event any such claim or cause of action is not filed within such one (1) year period, such claim or cause of action shall be forever barred.
If any provision of these Official Rules shall be held invalid, illegal or unenforceable, such provision shall be enforced to the maximum extent permitted by law and the Sponsors’ fundamental intentions hereunder, and the remaining provisions shall not be affected or impaired, provided, however, that in such cases the parties oblige themselves to use their best efforts to achieve the purpose of the invalid provision by a new legally valid stipulation.
For a copy of the list of Winners, send a self‐addressed, stamped envelope within 30 days of the end of the Promotion Period to:
This promotion is sponsored by Flush Packaging LLC (2107 Wisteria Ln. Paso Robles, CA 93446)
Instagram® is NOT a sponsor OR administrator of the Promotion.
The Instagram® trademark is a trademark of its respective owner.
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