PlayStation 5 Contest Giveaway Terms, Conditions, and Official Rules
Take It Away Today LLC Giveaway Contest
PARTICIPATION IN THIS CONTEST CONSTITUTES YOUR FULL AND UNCONDITIONAL ACCEPTANCE OF, AND AGREEMENT TO BE LEGALLY BOUND BY, THESE OFFICIAL CONTEST RULES (THE “CONTEST RULES”). THIS CONTEST IS ONLY OPEN TO LEGAL RESIDENTS OF NEW JERSEY AND IS GOVERNED BY APPLICABLE LAWS. RESIDENTS MUST HAVE REACHED THE LEGAL AGE OF MAJORITY IN THEIR JURISDICTION TO PARTICIPATE.
1. CONTEST SPONSOR
The Contest is run by Take It Away Today, LLC (collectively, “Take It Away Today” or the “Sponsor”). For the purposes of the Contest, the “Contest Group” is composed of the Sponsor, together with its respective affiliates and related companies, including without limitation their parent, sister and subsidiary companies, retailers, franchisees, advertising and promotion agencies, suppliers of materials and services related to the Contest, and any other corporation, partnership, sole proprietorship or other legal entity directly involved in the Contest and their respective officers, directors, employees, agents, and other representatives.
The decisions of the Sponsor with respect to all aspects of the Contest are final.
2. CONTEST PERIOD
The Take It Away Today Playstation 5 Contest (the “Contest”) starts at 10:00 AM December 8, 2021 and continues until 11:59 AM on December 20, 2021 (the “Contest Period”). Eastern Standard Time (“EST”) will be used by the Sponsor to determine any timed aspect of the Contest.
The Contest is open to legal residents of New Jersey who have reached the legal age of majority in the province, territory or state in which they reside at the time of entry. Corporate entities that meet the residency requirements are not eligible to enter. Employees, agents and representatives of Take It Away Today, or any member thereof, are not eligible to enter the Contest.
4. HOW TO ENTER
NO PURCHASE NECESSARY. There are two ways to enter the Contest:
1. By liking the Take It Away Today Corporate Facebook Page (https://www.facebook.com/takeitawaytoday) page, sharing the specified giveaway post on page, and entering the form at https://www.takeitawaytoday.com/ps5contest. This counts as one (1) entry.
The Sponsor reserves the right to disqualify any entry that is incomplete, misdirected, falsified, mutilated, illegible, fraudulent, late, or copied. The Sponsor reserves the right to disqualify any person who enters or attempts to enter this contest in a way contrary to these Contest Rules or unfair to other entrants or whom the Sponsor believes has attempted to tamper with or impair the administration, security, fairness or proper play of this Contest. The Sponsor may, at its sole discretion, disqualify any such entrant, even if the entrant was declared a winner. All decisions of the Sponsor made pursuant to these Contest Rules or in connection with this Contest are final and cannot be appealed.
ANY ATTEMPT BY AN ENTRANT OR ANY OTHER PERSON TO DELIBERATELY DAMAGE THE SPONSOR OR ITS BUSINESS OR TO UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY CONSTITUTE A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND, SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
5. CONTEST PRIZE
There are a total of one (1) prizes to be won as follows:
1. one Sony PlayStation 5 Console.
Any cost not specifically stated above as included in the Contest Prize is the sole responsibility of the winner who incurs the cost. The Contest Prize must be accepted as awarded, without substitution. The Contest Prize is transferable but is not convertible to cash nor for resale, except at the Sponsor’s sole discretion. The Sponsor reserves the right, in its sole discretion, to substitute another prize or component of the Contest Prize (or cash equivalent) of equal or greater value without liability in the event that the Contest Prize or any component of the Contest Prize cannot be awarded as described for any reason.
6. ODDS OF WINNING
The odds of winning the Contest Prize depend on the number of eligible entries received during the Contest Period.
7. WINNER SELECTION & NOTIFICATION
The selection of potential winners will take place at approximately 12:00 p.m. EST on December 21nd, 2021, in Howell, New Jersey. One (1) potential winner will be selected from among all eligible entries received during the Contest Period. The winner will be decided based on a random draw of all entries.
The Sponsor or its designated representative will make a maximum of three (3) attempts to contact a selected entrant through the messaging system provided by the social media platform and or web form through which the selected entrant entered the Contest within five (5) business days of the applicable selection date. If a selected entrant cannot be contacted within three (3) attempts or five (5) business days of the applicable selection date (whichever occurs first), despite customary diligent efforts, or if there is a return of any notification as undeliverable; then the selected entrant will be disqualified (and will forfeit all rights to the Contest Prize) and the Sponsor reserves the right, in its sole and absolute discretion, to select an alternate eligible entrant from among the remaining eligible entries (in which case the provisions of this section shall apply to such new selected entrant).
Before being declared a winner, the selected entrant must:
a) Produce valid identification and, if requested by the Sponsor, proof of age and photo identification;
b) Comply with all terms and conditions set out in the Contest Rules;
c) Sign a Declaration, Release and Indemnity Form within the time period specified on that document, which among other things:
i. confirms compliance with the Contest Rules;
ii. acknowledges acceptance of the Contest Prize as awarded;
iii. releases the Contest Group and each of their respective officers, directors, agents, representatives, successors and assigns together with the Contest Group’s franchise partners and their respective officers, directors, agents, representatives, employees, successors and assigns (collectively, the “Released Parties”) from any and all liability in connection with this Contest, the selected entrant’s participation therein, and/or the awarding and use/misuse of the Contest Prize or any portion thereof; and
iv. agrees to the publication, reproduction, re-posting and/or other use of the selected entrant’s name, address, voice, statements about the Contest, and/or photograph or other likeness without further notice or compensation, in any publicity or advertisement carried out by the Sponsor in any manner whatsoever, including print, broadcast or the internet throughout the world.
If a selected entrant: (a) fails to correctly answer the skill-testing question; (b) fails to return the properly executed Contest documents within the specified time; and/or (c) cannot accept the Contest Prize for any reason, then such entrant will be disqualified (and will forfeit all rights to the Contest Prize) and the Sponsor reserves the right, in its sole and absolute discretion, to randomly select an alternate eligible entrant from among the remaining eligible entries (in which case the provisions of this section shall apply to such new selected entrant).
To request the name of the winner, send a self-addressed, stamped envelope to Take It Away Today, 98 Industrial Court, Howell, NJ 07731. Requests must be received within four (4) weeks of the end of the Contest Period.
By participating, entrants agree to release, discharge, indemnify and hold harmless the Released Parties from and against any and all claims, causes of action, demands, loss, injury, damage or liability whatsoever which may arise or occur in connection with or as a result of:
a) the acceptance, possession, use or misuse of the Contest Prize;
b) the administration of the Contest or Contest Prize; or
c) participation in this Contest or any related activity.
10. LIMIT OF LIABILITY AND TERMINATION
Without limiting the release and indemnifications addressed in sections 7 and 9 above, and for greater certainty, and to the extent permitted by law, the Released Parties (which include, among others, the Sponsor) will not be liable or responsible for any typographical or other errors in the printing, offering or description of the Contest Prize or any other materials produced in connection with the Contest. The Released Parties are not responsible for any error or omission of the professional organizer or for lost, late, stolen, misdirected, falsified, incomplete, inaccurate, mutilated, destroyed or illegible entries nor for electronic transmission errors resulting in 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, electronic, computer, hardware or software malfunctions or limitations of any kind or inaccurate transmissions of or failure to receive entries by the Sponsor on account of technical problems or traffic congestion on the Internet or at any website or any combination thereof. If, for any reason, including infection by computer viruses, bugs, tampering, unauthorized intervention, fraud, technical failures or any other causes, the administration, security, fairness, integrity or proper conduct of the Contest is corrupted or affected, the Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify or suspend the Contest. In addition, if for any reason, in its sole discretion, the Sponsor determines that the Contest should not or cannot be run as planned, the Sponsor may cancel, terminate, modify or suspend the Contest. In no case will the Sponsor be required to award more prizes than indicated in these Contest Rules or award prizes other than in accordance with these Contest Rules.
11. PRIVACY AND USE OF PERSONAL INFORMATION
By participating, participants consent to the use of their name, address, photographs, likeness and/or any statement submitted with the entrant’s entry in any advertisement, publicity or promotion carried out by the Sponsor or its authorized agents in connection with the Contest in any and all venues or media now or hereafter known throughout the world in perpetuity, without further compensation, permission or notification. By participating, participants further consent to the waiver of any and all moral rights.
12. INTELLECTUAL PROPERTY
All intellectual property used by the Sponsor in connection with the promotion and/or administration of the Contest, including, without limitation, all trade-marks, trade names, logos, designs, promotional materials, web pages, source code, drawings, illustrations, slogans and representations are owned (or licensed, as the case may be) by the Sponsor and/or its affiliates. All rights are reserved. Unauthorized copying or use of any such intellectual property without the express written consent of its owner is strictly prohibited.
13. GENERAL RULES
By entering the Contest, the participant agrees to abide by the Contest Rules and the decisions of the Sponsor with respect to all aspects of the Contest, which are final and binding.
By entering the Contest, the participant agrees to the publication, reproduction, reposting and/or other use of the participant’s photograph(s) entered in the Contest without further notice or compensation, in any publicity or advertisement carried out by the Sponsor in any manner whatsoever, including print, broadcast or the internet.
All entries become the permanent property of the Sponsor.
This Contest is subject to all applicable federal, provincial/state and municipal laws of the United States of America. Void where prohibited or otherwise restricted by law. No correspondence will be entered into except with the selected entrants.
The Sponsor reserves the right to cancel, amend or suspend this Contest, or to amend these Contest Rules, without prior notice or obligation, in the event of any accident, printing, administrative, or other error of any kind, or for any other reason.
The Sponsor reserves the right, in its sole and absolute discretion, and without prior notice, to adjust any of the dates and/or timeframes stipulated in these Contest Rules, to the extent necessary, for purposes of verifying compliance by any entrant or entry with these Contest Rules, or as a result of any technical or other problems, or in light of any other circumstances which, in the opinion of the Sponsor, in its sole and absolute discretion, affect the proper administration of the Contest as contemplated in these Contest Rules, or for any other reason.
The invalidity or unenforceability of any provision of these Contest Rules shall not affect the validity or enforceability of any other provision. In the event of any discrepancy or inconsistency between the terms and conditions of these Contest Rules and disclosures or other statements contained in any other Contest-related material, the terms and conditions of these Contest Rules shall prevail, govern and control.