ÄKTA PUFFCO PEAK PRO GIVEAWAY SWEEPSTAKES OFFICIAL RULES (“Official Rules”)

NO PURCHASE NECESSARY TO ENTER OR WIN.  A PURCHASE WILL NOT IMPROVE YOUR CHANCE OF WINNING. BY ENTERING, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING.  WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES
  1. Start/End Dates. The Äkta PuffCo Peak Pro Giveaway (“Sweepstakes”) begins on July 9, 2011 at 8:00 AM MST and ends on July 31, 2021 at 12:00 AM MST (the “Promotion Period”).
  2. Sponsor. The sponsor of the Sweepstakes is Plum Manufacturing LLC, 500 Buggy Circle, LL3&4, Carbondale, CO 81623 (“Sponsor”).
  3. Eligibility. This Sweepstakes is open only to legal residents of Colorado, United States who are at least twenty-one (21) years of age as of the date of entry. Sponsor, its parents, subsidiaries, affiliates, sales representatives, advertising and promotion agencies and each of their respective officers, members, shareholders, managers, directors and employees and the immediate family members (spouses, parents, children and siblings and their spouses) and household members of each (whether related or not) are not eligible to participate or win.  Void where prohibited.
  4. How to Enter. During the Promotion Period, you may enter the Sweepstakes via Instagram by following @äktacreations, liking posts, hastagging “#aktacreations”, reposting official akta creations Instagram posts, and/or signing up for the aktacreations newsletter via the website https://aktacreations.com.
Upon completion of any of the methods described above, as verified by Sponsor in its sole discretion, an entrant will receive one (1) entry into the Sweepstakes. By entering the Sweepstakes, entrants fully and unconditionally agree to be bound by these Official Rules and the decisions of the judges, which will be final and binding in all matters relating to the Sweepstakes. There is NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY to participate in the Sweepstakes. A purchase does not improve your chance of winning. No limit of entry per person. No automated entry devices and/or programs permitted. Automated or robotic entries submitted by individuals or organizations will be disqualified. Online entry must be made by the entrant. Final eligibility for the award of any prize is subject to eligibility verification as set forth below. All entries must be submitted by the end of the Promotion Period in order to participate. Sponsor’s database clock will be the official timekeeper for this Sweepstakes. Receipt of entries will not be acknowledged. Delivery of prizes requires a street address (no P.O. Boxes). Sponsor is not responsible for lost, late, illegible, stolen, incomplete, invalid, unintelligible, misdirected, technically corrupted or garbled entries, which will be disqualified, or for problems of any kind whether mechanical, human or electronic.
  1. Winner Selection. The Grand Prize (as defined herein) winner will be selected by Sponsor or a third-party administrator in a random drawing from all eligible entries received by the end date of the Promotion Period. Odds of winning depend on the number of eligible entries received for the drawing. ANY VIOLATION OF THESE OFFICIAL RULES BY WINNER (AS DETERMINED BY SPONSOR IN SPONSOR‘S SOLE DISCRETION) WILL RESULT IN WINNER’S DISQUALIFICATION AS WINNER OF THE SWEEPSTAKES, AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.
  2. Prizes.
    • One (1) winner will receive one (1) PuffCo Peak Pro Opal y PuffCo (the “Grand Prize”) (approximate retail value Four Hundred and Twenty Dollars no/100 dollars ($420.00)). Prize will be awarded only if the potential prize winner fully complies with these Official Rules. All portions of the prize are non-assignable and non-transferable. Prizes pictured in point-of-sale, online, television and print advertising, promotional packaging, and other Sweepstakes materials are for illustrative purposes only. All details and other restrictions of the prize not specified in these Official Rules will be determined by Sponsor in its sole discretion. No cash alternative or substitution of the prize will be allowed, except Sponsor reserves the right in its sole discretion to substitute a prize of comparable value if any prize listed is unavailable, in whole or in part, for any reason. All federal, state and local taxes are the sole responsibility of the winners.
  1. Notification. The Grand Prize Winner will be notified via direct message on Instagram or by email provided in the newsletter sign up field within seven (7) days of the end of the Promotion Period. If any winner cannot be contacted within fourteen (14) days of first notification attempt, if any prize or prize notification is returned as undeliverable, if any winner rejects his/her prize or in the event of noncompliance with these Official Rules, such prize will be forfeited and an alternate Grand Prize winner will be selected from all remaining eligible entries. Upon prize forfeiture, no compensation will be given.
  2. Limitation of Liability; Disclaimer of Warranties. By participating, entrants and winners agree to release and hold harmless, Sponsor, Puff Corp. (d/b/a PuffCo), Facebook, Inc., Instagram, Inc., and their respective advertising and promotion agencies and their respective parent companies, subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, members, managers, shareholders, officers and directors (collectively, “Released Entities”), from any and all liability for any loss, harm, damage, injury, cost or expense whatsoever (including, without limitation, property damage, personal injury and/or death) which may occur in connection with, preparation for, travel to, or participation in Sweepstakes, or possession, acceptance and/or use or misuse of the Grand Prize or any prize, or participation in any Sweepstakes-related activity and for any claims based on publicity rights, defamation or invasion of privacy or merchandise delivery.
IN NO EVENT WILL THE RELEASED ENTITIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF ANY ONLINE ENTRY FORMS, MAILING LISTS OR SOCIAL MEDIA PLATFORMS, AND/OR THE SWEEPSTAKES, AND/OR DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY WEBSITES OR SOCIAL MEDIA PLATFORMS ASSOCIATED WITH THE SWEEPSTAKES. IN NO EVENT SHALL THE RELEASED ENTITIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED $10. WITHOUT LIMITING THE FOREGOING, THIS SWEEPSTAKES, THE GRAND PRIZE, AND ALL PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
  1. Force Majeure Event. In the event an insufficient number of eligible entries (as determined by Sponsor in its sole discretion) are received and/or Sponsor is prevented from awarding prizes or continuing with the Sweepstakes as contemplated herein by any event beyond Sponsor’s control, including, but not limited to fire, flood, natural or man-made epidemic or pandemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control, then, subject to any governmental approval which may be required, Sponsor shall have the right to modify, suspend, or terminate the Sweepstakes. If the Sweepstakes is terminated before the designated end date, Sponsor will (if possible) select the winner in a random drawing from all eligible, non-suspect entries received as of the date of the event giving rise to the termination. Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances. Only the type and quantity of prizes described in these Official Rules will be awarded.
  2. Additional Conditions. Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, extend or suspend this Sweepstakes should Sponsor determine (in its sole discretion) any virus, bug, non-authorized human intervention, fraud or other causes beyond Sponsor’s control corrupt or affect the administration, security, fairness or proper conduct of the Sweepstakes. In any such case, Sponsor will select the winner(s) from all eligible entries received prior to and/or after (if appropriate, as determined by Sponsor in its sole discretion) the action taken by Sponsor. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds, in its sole discretion, to be tampering with the entry process or the operation of the Sweepstakes or website.Sponsor may prohibit an entrant from participating in the Sweepstakes or winning a prize if, in its sole discretion, Sponsor determines that said entrant is attempting to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other entrants or Sponsor representatives.
Participation in the Sweepstakes and acceptance of any prize constitutes each winner’s permission for Sponsor to use his/her name, address (city and state), likeness, photograph, picture, portrait, voice, biographical information and/or any statements made by each winner regarding the Sweepstakes or Sponsor for advertising and promotional purposes without notice or additional compensation, except where prohibited by law. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
  1. Disputes; Governing Law. The parties waive all rights to trial in any action or proceeding instituted in connection with these Official Rules, including, without limitation, the Sweepstakes. Any controversy or claim arising out of or relating to these Official Rules and/or the Sweepstakes shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the City and County of Denver, State of Colorado, before a single arbitrator.
In case of dispute as to the identity of any entrant, entry will be declared made by the authorized account holder of the email address or social media account submitted at time of entry. “Authorized Account Holder” is defined as the natural person who is assigned an email address or social media account by an Internet access provider, online service provider, social media platform, or other organization (e.g., business, educational, institution, etc.) responsible for assigning email addresses or the domain associated with the submitted email address or social media accounts. Any potential winner may be requested to provide Sponsor with proof that such winner is the authorized account holder of the email address or social media account associated with the winning entry. Any other attempted form of entry is prohibited; no automatic, programmed; robotic or similar means of entry are permitted. Sponsor, its affiliates, partners and promotion and advertising agencies are not responsible for technical, hardware, software, telephone or other communications malfunctions, errors or failures of any kind, lost or unavailable network connections, website, Internet, or ISP availability, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of entry information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed computer transmissions which may limit one’s ability to enter the Sweepstakes, including any injury or damage to participant’s or any other person’s computer relating to or resulting from participating in this Sweepstakes or downloading any materials related to this Sweepstakes. THESE OFFICIAL RULES AND THE INTERPRETATION OF THEIR TERMS SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF COLORADO WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES. For any matters which are not subject to arbitration as set forth in these Official Rules and/or in connection with the entering of any judgment on an arbitration award in connection with these Official Rules and/or the Sweepstakes, the parties irrevocably submit and consent to the exclusive jurisdiction and venue of the state  courts located in or closest to the City and County of Denver in the State of Colorado. The parties agree not to raise the defense of forum non conveniens.
  1. Winners List To obtain a copy of any legally-required winners list, send a self-addressed stamped envelope to: “Sweepstakes Winners List”, at 500 Buggy Circle, LL3&4, Carbondale, CO 81623.
  1. Use of Data. Sponsor will be collecting personal data about entrants online, in accordance with its privacy policy.  Please review the Sponsor’s privacy policy at https://www.aktacreations.com/privacy By participating in the Sweepstakes, entrants hereby agree to Sponsor’s collection and usage of their personal information and acknowledge that they have read and accepted Sponsor’s privacy policy.
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