Bartesian Holiday Giveaway Contest Official Rules
NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. ALL FEDERAL, STATE, LOCAL, AND MUNICIPAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED.
1. CONTEST PERIOD: The Bartesian Holiday Giveaway Contest (the “Contest”) starts at 12:00 AM Eastern Time (“ET”) on November 1, 2023 and ends at 11:59 PM ET on January 31, 2024 (the “Contest Period”).
2. SPONSOR: The Sponsor of the Contest is Bartesian, Inc. 452 N Sangamon St, Chicago, IL 60642.
3. AGREEMENT TO OFFICIAL RULES: By participating, entrants agree to be bound by and abide by these Official Rules and the decisions of Sponsor, which shall be final and binding in all respects. By participating in this Contest, entrant agrees to release and hold harmless Indemnitees from any and all actions, claims, injury, loss or damage (whether due to negligence or otherwise) to person(s), including death, and property or breach or failure or any representation of warranty arising in any manner, directly or indirectly, from participation in this Contest and/or from the acceptance, misuse or use of any prize. SPONSOR MAKES NO WARRANTY, REPRESENTATION, OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO THE USE OF THE PRIZE, INCLUDING, WITHOUT LIMITATION, ITS QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
4. ELIGIBILITY: The Contest is open to legal residents of the fifty (50) United States and the District of Columbia who are at least twenty-one (21) years of age at the time of entry. Employees of Bartesian INC and other companies associated with the promotion of the Sweepstakes, and their respective parents, subsidiaries, affiliates and advertising and promotion agencies 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 federal, state, and local laws and regulations.
5. HOW TO ENTER: There are two (2) ways to enter the Contest, as described below.
A) Enter on Instagram: During the Contest Period, post a photo or video of how you enjoy the holidays with Bartesian on Instagram and include a caption with the hashtag #bartesianholiday (“Entry”). To enter, you must have an Instagram account and have your account settings set to public (not private) and be a follower of the @bartesian Instagram account. An Instagram account can be opened for free by downloading the Instagram application from the Apple store or Google Play.
B) Enter on TikTok: During the Contest Period, post a video of how you enjoy the holidays with Bartesian on TikTok and include a caption with the hashtag #bartesianholiday (“Entry”). To enter, you must have a TikTok account and have your account settings set to public (not private) and be a follower of the @bartesian TikTok account. A TikTok account can be opened for free by downloading the TikTok application from the Apple store or Google Play.
Entries submitted on Instagram or TikTok will be herein referred to as “Entries”. Your Entry must comply with the following guidelines to be eligible:
- No people other than yourself should be depicted in your Entry.
- Your Entry must be original to you and you must own all rights in the Entry and all other content submitted in connection with the Entry and grant Sponsor the License described below.
- You must either take the photo yourself or if someone else takes it, you must require the photographer (who must not be professional) to grant you ownership of the photo before you submit it and make clear the photo will be submitted in this Contest for use by Sponsor.
- Your Entry must not include any representation of celebrities, athletes, musicians, or any other public or private figure, include any anti-social, political or religious groups, any commercial solicitation or promotional materials and your video must not include your or any other person’s/companies’ full name, address, phone number, or URL address. Entry must not contain advertisements, personal solicitations or commercial solicitations.
- Your Entry must not have been submitted previously in a promotion or contest of any kind or previously exhibited or displayed publicly (i.e., disclosed beyond your circle of friends and family through your social networking sites) through any means.
- Your Entry must not contain content that is false, inaccurate or misleading.
- Entry must not contain material that is inappropriate, unsuitable, indecent, profane, obscene, hateful, tortuous, defamatory, slanderous or libelous (including but not limited to words or symbols that may be considered offensive to individuals of a certain race, ethnicity, religion, sexual orientation, or socioeconomic group).
- Your Entry must not contain material, words or symbols that promote bigotry, racism, hatred or harm against any group or individual or promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Your Entry must not contain material that is, in Sponsor’s sole discretion, obscene, profane, lewd, defamatory, contains any third-party materials, other than Bartesian, Inc., or otherwise violates or infringes (or may infringe) any copyright, trademark, logo, mark that identifies a brand or other proprietary right of any person living or deceased (including but not limited to rights of privacy or publicity or portrayal in a false light) or entity or make reference to any commercial/corporate advertising (including but not limited to, corporate logos, brand names, slogans, political, or religious statements), or is otherwise objectionable.
- Any clothing or accessories worn by you in the photo should not contain any visible logos, drawings, cartoons, phrases, trademarks or other third-party materials other than Bartesian, Inc.
- Entrants and all submitted Entries must be in keeping with Sponsor's image/Sponsor’s brand image as determined by Sponsor/Administrator, in its sole discretion. The Entry must not disparage Sponsor, persons or organizations associated with Sponsor, or any other person or entity.
Entries must not reference any of Sponsor’s competitors or any other third party.
Any Entry that violates any of the guidelines above or that is deemed inappropriate or containing unsuitable material, in Sponsor’s sole discretion may be disqualified.
Limit five (5) Entries per person per Entry method during the Contest Period. Entries must be complete to be eligible.
Standard data fees/rates may apply. See your wireless provider for pricing plan details. Entries generated by script, macro or other automated means and entries by any means which subvert the entry process are void. All Entries become the sole property of the Sponsor and will not be returned.
6. GRANT OF RIGHTS: Once submitted, Entries cannot be modified by entrant. By submitting an Entry, each entrant gives permission (and warrants and represents that he/she has obtained all rights necessary from third parties to give such permission and grant the license herein described) to Sponsor and its licensees, sublicensees, successors, and assigns (collectively, the “Rights Holders”), the exclusive, irrevocable, perpetual, worldwide, royalty-free, transferable, sublicensable right and license (including but not limited to, all intellectual property and proprietary rights including without limitation patents, trademarks, and copyrights) to use, perform, exhibit, edit, adapt, reproduce, manufacture, construct, tailor, distribute, sell, offer to sell, import and/or otherwise exploit the Entry, and the entrant’s likeness, name, voice and biographical information (including, but not limited to, city and state of residence), in any manner and in any and all distribution channels, venues, formats and media now or later known or developed (collectively, the “License”) without compensation (where permitted by law) and without review, approval or notice, to the extent permitted by law. The rights granted pursuant to the License shall also include, without limitation, the right to: (a) change, alter, distort, edit or revise the Entry, or any part thereof; and (b) make derivative works based on the Entry, or any part thereof. Entrant agrees to sign any documents required by Sponsor upon request (and without compensation) to confirm such License. Sponsor is not obligated to exercise any of the rights granted in these Official Rules. Entrant further agrees that (a) Sponsor does not owe him/her a duty of confidence (or fiduciary duty or the like) and that he/she has no expectation of privacy as to his/her Entry and (b) Sponsor has wide access to ideas, stories, designs and other literary/artistic materials submitted to it from outside sources or being developed by its own employees and that such ideas/stories/designs/literary/artistic materials may be competitive with, similar to (or even identical to) his/her Entry and that Sponsor shall have no liability to entrant or any third party in conjunction therewith.
7. JUDGING: Each submitted Entry will be judged on a bi-weekly basis starting November 22, 2023 through February 2, 2024 by a panel of Sponsor-selected judges to determine the Prize winners based on the following judging criteria: Creativity- 25%; Presentation- 25%; Originality- 25%; and Adherence to the Contest’s theme- 25%. In the event of a tie, tied Entries will be re-judged by the judges based solely (100%) on Originality. Decisions of judges are final with respect to all matters relating to the Contest.
8. WINNER NOTIFICATION/VERIFICATION: The potential Prize winners will be contacted via either Instagram DM, TikTok DM, or email (if provided via Contact Me form) from the Sponsor with an email address each winner must contact within forty-eight (48) hours or prize will be forfeited and an alternate winner will be determined. By winning a prize you understand that Sponsor and its agencies have the right to promote, advertise and post and/or edit your Entry, including all components, in any way they see fit. Prizes will be fulfilled up to 8-10 weeks after the conclusion of the Contest.
9. PRIZES AND APPROXIMATE RETAIL VALUE (“ARV”): Prizes (12): five (5) 8-Packs of Bartesian Cocktail Capsules, a Premium Cocktail Menu: 2024 Edition, Pink Himalayan Margarita Salt Rimmer, Triple Berry Sugar Rimmer, Golden Demerara Sugar Rimmer, and Sizzling Spicy Salt Rimmer. The ARV of each Prize is $151.95. (Total ARV of all prizes: $1,823.40). Prizes are nontransferable, non-assignable, and no substitution or cash redemption is allowed, except that Sponsor reserves the right to award an alternate prize (or portion of prize) of equal or greater value if any advertised prize is unavailable. Separate coupon terms and conditions apply.
10. LIMITATIONS OF LIABILITY; RELEASE: Indemnitees are not responsible for late, incomplete, misdirected, inaccessible Entries, Internet connections or email; or for any computer, telephone, wireless, satellite, cable, network, electronic, Internet or phone hardware or software malfunctions, failures, connections, or availability, or garbled, corrupt or jumbled transmissions, service provider/Internet/website/use net/accessibility, availability, or traffic congestion, Internet contact, or any technical error, or program errors or malfunctions or unauthorized human intervention, or the incorrect or inaccurate capture of Entry or other information, or the failure to capture, or loss of, any such information, or for any human error, technical error or other error of any kind in connection with the offering or operation of the Contest. The Indemnitees are not responsible for any incorrect or inaccurate information, whether caused by website users, tampering, hacking, or by any of the equipment or programming associated with or utilized in the Contest and assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, technical error, theft or destruction or unauthorized access to the website (or any other website). If for any reason the Contest is not capable of running as planned (in whole or in part), as solely determined by Sponsor, including but not limited to by infection by computer virus, bugs, tampering, unauthorized intervention, fraud or technical failures that can corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest, Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Contest (in whole or in part). In such event, Sponsor shall conduct the Contest and award the prizes per the judging criteria above in a manner which is fair, appropriate and consistent with the spirit of these Official Rules, as determined by Sponsor in its sole discretion. Notice of cancellation/termination/modification/suspension of the Contest will be posted on the Bartesian Instagram and TikTok pages. The right is reserved by Sponsor to disqualify any individual found, at its sole discretion, to be tampering with the entry process or the operation of the Contest or website, to be acting in violation of the Official Rules, or to be acting in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Indemnitees are not responsible for any injury or damage to entrant's or any other person's computer/mobile phone or device related to or resulting from participation in or downloading (or uploading) any materials from this Contest. Entrants further agree not to knowingly damage or cause interruption of the Contest and/or prevent others from participating in the Contest. Any attempt by any person to damage the website or undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, the Sponsor reserves the right to seek damages (including attorney's fees) and any other remedies from any such person to the fullest extent permitted by law. Failure by the Sponsor to enforce any provision of these Official Rules shall not constitute a waiver of that provision. By submitting an Entry, to the fullest extent permitted by applicable law, each entrant releases and agrees to hold harmless each of the Indemnitees and all other companies involved in the development, operation or marketing of the Contest or the provision of any prize or any component of any prize, and the successors and assigns of each of the foregoing, and the directors, officers, employees and agents of each of the foregoing (the “Released Parties”) from and against any and all claims, causes of action and liabilities of any kind that the entrant ever had, now has or might in the future have arising out of or relating to the Contest, participation in the Contest, the acceptance, receipt or use of any prize or any component thereof and/or any use of the entrant’s name, likeness, voice and/or biographical information, any statement attributed to the entrant and/or any Entry or any component thereof, including without limitation any and all claims, causes of action and liabilities, including those (a) relating to any personal injury, death or property damage or loss sustained by any entrant or any other person, (b) based upon any allegation of violation of the right of privacy or publicity, copyright infringement, misappropriation, defamation or violation of any other personal or proprietary right or (c) or based upon any allegation of a violation of any law, rule or regulation relating to personal information or data security. Each entrant agrees not to assert any such claim or cause of action against any of the Released Parties.
11. DISPUTES: Except where prohibited, each entrant agrees that any and all disputes, claims and causes of action arising out of, or connected with, the Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in Illinois. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrants rights and obligations, or the rights and obligations of the Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of Illinois, 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 Illinois. Any demand for arbitration must be filed within one (1) year from the end of the Contest Period, or the cause of action shall be forever barred.
13. WINNERS: To receive a Winners List by email, send an email to: firstname.lastname@example.org with Bartesian Holiday Giveaway Contest (2024) as the subject line. Requests must be received by May 31, 2024. Winners List will be sent after all prizes have been awarded.
This Contest is in no way sponsored, endorsed or administered by, or associated with Instagram or TikTok. You understand that you are providing your information to Sponsor, and not to Instagram or TikTok.