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Shinesty

Shinesty Holiday Re-Gifting Giveaway Official Rules

NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. ALL DETERMINATIONS MADE BY SHINESTY ARE FINAL. VOID OUTSIDE THE UNITED STATES AND IN ALL OTHER JURISDICTIONS WHERE PROHIBITED OR RESTRICTED BY LAW.

  1. Eligibility: The Shinesty Re-Gifting Giveaway (the “Sweepstakes”) is open to legal residents of the fifty (50) United States and the District of Columbia who are natural persons at least eighteen (18) years of age or the age of majority in their state of residence at the time of entry. Employees of Shinesty, Inc. (“Shinesty”) as well as the immediate family (spouse, parents, siblings, and children) and household members of each such employee are not eligible. The Sweepstakes is subject to all federal, state, and local laws and regulations and is void where prohibited. Your participation constitutes your full and unconditional agreement, as an entrant, to these “Official Rules”. Shinesty’s decisions are final and binding in all matters related to the Sweepstakes. Winning the Prize (as defined in Section 5 below) is contingent upon fulfilling all requirements set forth in these Official Rules.

  2. Timing: The Sweepstakes opens on Tuesday, December 27, 2022 at 12:01 a.m. United States Mountain Time (“MT”) and closes on Monday, January, 3 2023 at 11:59 p.m. MT (the “Sweepstakes Period”). All Submissions (defined below) must be received during the Sweepstakes Period to be eligible to win the Prize.

  3. How to Enter: To participate in the Sweepstakes, you will need to do one of the following:

    • Entry: Complete and submit Shinesty’s online general entry form located at: https://forms.gle/g3EyCbK9H6PnpwA86 within the Sweepstakes Period (the “General Entry” and, each of the General Entry and Order Entry, a “Submission”). You must provide all information requested in the General Entry to be eligible to win. You may only complete one (1) General Entry per prize during the Sweepstakes Period per day. Each completed and submitted General Entry is equivalent to one (1) Submission.

    There will be One (1) winner per prize chosen through the Sweepstakes Period.. Any attempt by any entrant (including, without limitation, you) to submit more than one (1) Submission per prize by using multiple/different identities, email accounts, or logins, or any other methods will void that entrant's Submission and such entrant may be disqualified. Shinesty will not be required to verify an entrant’s compliance with the permitted number of Submissions. Use of any automated system to participate in the Sweepstakes is prohibited and will result in disqualification.

    Shinesty reserves the right to disqualify any entrant or Submission that it finds in violation of these Official Rules, in its sole discretion, including entrants that submit multiple Submissions. Released Parties (as defined in Section 6 below) are not responsible for lost, late, unreceived, damaged, incomplete, invalid, un-intelligible, garbled, delayed, or misdirected Submissions.

  4. Selection of Winners: Within ten (10) business days following the end of the Sweepstakes Period, Shinesty will select potential winners from all eligible Submissions for the Sweepstakes. Winners will be selected by a panel of Shinesty employees. There will be a total of one to thirteen (1-13) winners of the Sweepstakes (“Winner”). A single winner could win multiple prizes.

    Shinesty’s decisions as to the administration and operation of the Sweepstakes and the selection of potential Winners are final and binding in all matters related to the Sweepstakes.

    If your Submission is selected, you will be deemed a potential Winner of the Sweepstakes. The potential Winners will be notified by email within ten (10) business days of the end of the Sweepstakes Period. The notification email will be sent to the email provided in the applicable entrant’s Submission. Each potential Winner will be required to provide their name, email address, mailing address, and date of birth to Shinesty to confirm eligibility and facilitate fulfillment of the Prize, within three (3) business days from the date notice is sent or attempted by Shinesty, in order to claim such Prize. If a potential Winner of the Prize cannot be contacted, declines to accept the Prize, or fails to provide the requested information within the required time period, or if the Prize is returned as undeliverable, such potential Winner forfeits the Prize. If you are a Winner, please allow up to four (4) weeks for delivery of your Prize, which will be mailed to the mailing address you provided after notification of being a potential Winner. Receiving the Prize is contingent upon compliance with these Official Rules. If a potential Winner is disqualified for any reason, Shinesty will award the Prize to an alternate Winner from among all remaining eligible entries through an additional random draw.

  5. Prize, Approximate Retail Value (“ARV”), and Odds of Winning: Shinesty will award one winner per the following Re-Gifting Giveaway gifts:

    • One (1) Danny Devito Cutout (ARV $70);
    • One (1) Taxidermy Mouse In A Costume (ARV $105);
    • One (1) A Box Of Chocolate Anuses (ARV $30);
    • One (1) Duck Butter Industrial Lubricant (ARV $11);
    • One (1) 2023 World’s Greatest Mullets Calendar (ARV $19);
    • One (1) Nicolas Cage Wooden Spoon (ARV $9);
    • One (1) Personalized Cameo From Carrot Top (ARV $150);
    • One (1) Bubbly Blaster(ARV $100);
    • One (1) Heated Backrest Massager (ARV $140);
    • One (1) Big Mouth Billy Bass (ARV $47);
    • One (1) Pimple Popping Toy (ARV $20);
    • One (1) The Worst Alphabet Book Ever (ARV $13);
    • One (1) Mystery Box(ARV $100)

    The Prize has a total ARV of up to $814. Terms and conditions of the Prize apply. The right to receive a Prize is non-transferable and no Prize substitution, exchange, or cash equivalent will be allowed, except that Shinesty reserves the right, in its sole discretion, to substitute the Prize (or any component thereof) for a different prize of equal or greater value if the Prize (or any component thereof) should become unavailable for any reason. Winner is responsible for all taxes and all expenses and fees associated with the Prize and the acceptance, receipt, and/or use thereof. Odds of winning the Prize depend on the number of eligible entries received. Each Submission will be equally weighted and have the same chance of winning. THE ARV FOR ALL PRIZES TO BE AWARDED DURING ANY SWEEPSTAKES PERIOD WILL NOT EXCEED $5,000 FOR ANY SWEEPSTAKES PERIOD.

    THE PRIZE IS OFFERED “AS IS” WITH NO WRITTEN, EXPRESS, OR IMPLIED WARRANTY, INCLUDING BUT NOT LIMITED TO, QUALITY, CONDITION, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. SHINESTY IS NOT RESPONSIBLE FOR REPLACING THE PRIZE (OR ANY COMPONENT THEREOF) AS A RESULT OF DAMAGE PRIOR TO, DURING, OR AFTER SHIPPING OR EVENTS BEYOND SHINESTY’S CONTROL. WINNER MUST LOOK TO THE APPLICABLE MANUFACTURER AND/OR SERVICE PROVIDER FOR ANY POTENTIAL WARRANTIES OR GUARANTEES.

  6. Release: By making a Submission, you agree to release and hold harmless Shinesty, and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their officers, directors, employees, and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Sweepstakes, or receipt or use or misuse of any Prize (or any component thereof).

  7. Privacy and Data Collection: When you complete a Submission, Shinesty will collect certain information about you for purposes of administering the Sweepstakes. Please review Shinesty’s Privacy Policy located at: https://www.shinesty.com/pages/privacy. By participating in the Sweepstakes, you acknowledge Shinesty’s Privacy Policy and agree to Shinesty’s use and collection of your personal information.

  8. Publicity: Except where prohibited, by completing a Submission, you grant to Shinesty the perpetual right to use, display, and otherwise exploit your name, image, photo, video, and any information you submit in connection with your Submission or claiming your Prize, including information submitted through any social media profile you operate (“Profile”). Except where prohibited, by accepting a Prize, you expressly consent to Shinesty’s use of your name, Profile, biographical information, photos and/or likeness, and statements for promotional purposes in any media, worldwide, in perpetuity, without further payment or consideration.

  9. General Conditions: By entering the Sweepstakes, you agree to be bound by these Official Rules and by all applicable laws and decisions of Shinesty, which will be binding and final. Shinesty reserves the right to cancel, suspend, and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures, human error, or any other factor impairs the integrity or proper functioning of the Sweepstakes, as determined by Shinesty in its sole discretion. In such event, Shinesty, in its sole discretion, may select a Winner from among all eligible entries received up to the date of discontinuance. In the event of any conflict with any details contained in these Official Rules and details contained on Shinesty’s website, the details set forth in these Official Rules will prevail. Shinesty reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with a Submission, the Submission process, the operation of the Sweepstakes, or to be acting in violation of these Official Rules. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a VIOLATION OF CRIMINAL AND CIVIL LAW, AND, SHOULD SUCH AN ATTEMPT BE MADE, SHINESTY RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Shinesty’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision.

  10. Limitations of Liability: The Released Parties are not responsible for: (a) any incorrect or inaccurate information, whether caused by you or other entrants, or any errors caused by the programming associated with or utilized in a Submission or the Sweepstakes; (b) any failures, delays, or misdeliveries of the postal system, computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, interruptions, connections, or availability, or garbled, corrupt or jumbled transmissions, service provider/Internet/web site/use net accessibility, availability, or traffic congestion; (c) unauthorized human intervention in any part of a Submission (whether a General Entry or an Order Entry), the Submission process, or the Sweepstakes or the incorrect or inaccurate capture of such entry and/or Submission information, or the failure to capture, or loss of, any such information; (d) any technical, typographical, human, or other error which may occur in the administration of the Sweepstakes (including, without limitation, the processing of Submissions or notifying of potential Winners); (e) late, lost, undeliverable, damaged, or stolen mail; or (f) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from your participation in the Sweepstakes or acceptance, receipt, or use or misuse of the Prize. If for any reason your Submission is confirmed to have been erroneously deleted, lost, not received, or otherwise destroyed or corrupted, your sole remedy is another Submission in the Sweepstakes if it is possible. BY PARTICIPATING IN THE SWEEPSTAKES, YOU EXPRESSLY ASSUME ALL LIABILITY AND RESPONSIBILITY FOR YOUR PARTICIPATION AND AGREE THAT PARTICIPATION IS SOLELY AT YOUR OWN RISK.

  11. Disputes: Except where prohibited, you agree that: (a) any and all disputes, claims, and causes of action arising out of or connected with the Sweepstakes or the Prize awarded will be resolved individually, without resort to any form of class action; (b) any and all claims, judgments, and awards will be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes, but in no event attorneys’ fees; and (c) under no circumstances will you be permitted to obtain awards for, and you hereby waive all rights to claim, indirect, punitive, incidental, and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of you and Shinesty in connection with the Sweepstakes, will be governed by, and construed in accordance with the laws of the State of Colorado 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 Colorado.

  12. Winner List: For a list of the Winner(s), write your name and address on a 3”x 5” card, with proper postage affixed to an envelope or pre-paid shipping, and mail it to the following address: Shinesty, Inc., 2930 Umatilla St. #400, Denver, CO, 80211. Winner list requests will only be accepted following the end of the Sweepstakes Period and requests must be received no later than thirty (30) days thereafter.

  13. Social Media Accounts: The Sweepstakes is in no way sponsored, endorsed, or administered by, or associated with Facebook, Instagram, or Twitter or any other social media provider. You hereby release all such social media providers of any liability associated with the Sweepstakes. You understand that any Sweepstakes-related information that you are providing through any such social media provider, you are also providing to Shinesty.