SILLY FARM SCRATCH CARD GIVEAWAY TERMS AND CONDITIONS
BY ENTERING, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIIES TO THE SPONSOR SILLY FARM SUPPLIES INC. (“SPONSOR”) FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
- START/END DATES AND TERMS:
Scratch card giveaway begins December 1, 2019 and ends December 31, 2019 (the “Giveaway Period”) and the terms are as follows: For every $25.00 USD spent at Sponsor’s online store (www.sillyfarm.com) or physical location (11860 West State Rd 84 Suite B1 Davie, FL 33325) Consumer will receive one (1) Scratch Card. The $25.00 USD qualifying threshold is calculated after discounts and coupons are applied and before taxes are applied.
The Giveaway is open to Consumers who are 18 or older as of the date of entry. Void where prohibited, taxed or restricted by law. Employees, officers and directors of Silly Farm Supplies, Inc (the “Sponsor”), and each of their parent companies, subsidiaries, divisions, affiliates, partners, dealers, suppliers, distributors and advertising, promotional and judging agencies, manufacturers or distributors of Giveaway materials and their immediate family members (spouses, parents, children, and siblings and their spouses) and household members of each (whether related or not) of such employees/officers/directors are not eligible to participate or win. Void where prohibited by law. All federal, state and local laws and regulations apply. Participation constitutes entrant’s full and unconditional agreement to these Official Rules (“Rules”) and Sponsor’s decisions, which are final and binding in all matters related to the Giveaway. Winning the prize is contingent upon fulfilling all requirements set forth herein.
- HOW TO ENTER:
For every $25.00 USD spent at Sponsor’s online store (www.sillyfarm.com) or physical location (11860 West State Rd 84 Suite B1 Davie, FL 33325) Consumer will receive one (1) Scratch Card. The $25.00 USD qualifying threshold is calculated after discounts and coupons are applied and before taxes are applied.
- GIVEAWAY PRIZES:
- $500 Silly Farm Gift card (1 Winner)
- $10 Gift card to Silly Farm (50 Winners)
- 1 Free Month of FABAtv (50 Winners)
- Free 1oz Mama Clown Glitter (100 Winners)
- Free 45gm FAB Paint color of their choice (100 winners)
- Free Paint Pal Brush (100 winners)
The Prize is subject to the following restrictions:
The prize must be redeemed with Consumer’s next purchase prior to December 31, 2020. The prize is awarded “as is” with no warranty or guarantee, either express or implied by Sponsor. The winner is responsible for all federal, state and local taxes and all other costs and expenses associated with Prize not specified herein as being awarded. No transfer, substitution or cash equivalent permitted by winner. The winner is responsible for paying any costs and expenses not specified above. Sponsor reserves the right to substitute the Prize (or component thereof) with another prize (or component thereof) of equal or greater value if the Prize is not available for any reason, as determined by Sponsor in its sole discretion. By entering this Giveaway and accepting the Prize, the Winner agrees to maintain her behavior in accordance with all applicable laws and generally accepted social practices in connection with participation in any Giveaway or prize-related activity. The Winner understands and agrees that Sponsor or Prize Providers have the right, in their sole discretion, to disqualify and remove the Winner from any activity at any time if the Winner’s behavior at any point is uncooperative, disruptive, or may or does cause damage to person, property, or the reputation of Sponsor or otherwise violates the policies of the Prize Providers, and in such a case, the Winner will still be solely responsible for all taxes and other expenses related to the Prize. All Prize details, including any additional limitations and restrictions, are at Prize Providers’ and/or Sponsor’s discretion.
- LIMITATIONS ON LIABILITY:
By participating in the Giveaway, the entrant agrees that Sponsor, each Prize Provider, and each of their respective parents, subsidiaries, affiliated companies, partners, representatives, agents, successors, assigns, retailers, advertising and promotion agencies, and all of their respective shareholders, officers, directors, employees and assigns, members, representatives and agents (collectively the “Limitation on Liability Parties”), will have no liability whatsoever for, and will be held harmless by entrant for any liability for any and all claims, damages, obligations, losses, liabilities, costs or debts, and expenses (included but not limited to attorneys’ fees) arising from: (i) entry creation, (ii) the acceptance, possession, use or misuse of the prize or parts thereof, (iii) participation in the Giveaway, or participation in any Giveaway related activity, (iv) any technical errors, printing errors, and any errors in the administration of the Giveaway or Instant Giveaways, (v) any claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trademark infringement or any other intellectual property-related cause of action, (vi) any breach or alleged breach by you of the Official Rules, (vii) your use of materials or features available via the Giveaway, (viii) the use of your name, image, likeness and/or hometown, or (ix) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.
Entrants who do not comply with these Official Rules, or attempt to interfere with this Giveaway in any way, shall be disqualified.
BY ENTERING THE GIVEAWAY AND/OR INSTANT GIVEAWAYS, YOU HEREBY REPRESENT AND WARRANT THAT YOU HAVE READ THESE OFFICIAL RULES AND ARE FULLY FAMILIAR WITH ITS CONTENTS. BY ENTERING THE GIVEAWAY, YOU AGREE THAT: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE CAMPAIGN OR CONTEST, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, BY STATE OR FEDERAL COURTS SITUATED IN NEW YORK, NY AND THE RIGHTS AND OBLIGATIONS OF PARTICIPANTS AND THE LIMITATION ON LIABILITY PARTIES IN CONNECTION WITH THE GIVEAWAY AND/OR INSTANT GIVEAWAYS WILL BE CONSTRUED IN ACCORDANCE WITH FLORIDA LAW, WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OR CONFLICT OF LAW RULES OR PROVISIONS; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED, (IF ANY), NOT TO EXCEED $100, BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY OF THE LIMITATION ON LIABILITY PARTIES BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR OTHER CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT ANY OF THE LIMITATION OF LIABILITY PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (4) PARTICIPANT’S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND PARTICIPANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
If any part of this limitation of liability is found to be invalid or unenforceable for any reason or if any of the Limitation on Liability Parties is otherwise found to be liable to you in any manner, then any of the Limitation on Liability Parties’ aggregate liability for all claims under such circumstances for liabilities shall not exceed fifty dollars (USD $50).
- HOW TO REDEEM PRIZES:
The prize must be redeemed with Consumer’s next purchase prior to December 31, 2020 at Sponsor’s online store (www.sillyfarm.com) or physical location (11860 West State Rd 84 Suite B1 Davie, FL 33325) by entering the winning code on www.sillyfarm.com prior to Checkout or by informing employees at Sponsor’s physical location of the winning code prior to checkout. If Winner experiences any issues or troubles using the winning code, Winner must contact Sponsor immediately, but no later than January 1, 2021. Winning code is limited to one winner and one time use. Winning prize is valid for one year from December 31, 2019. If is not used within 1 year (Expires December 31, 2020) prize will be void will NOT be valid after that date.
- OTHER CONDITIONS:
Scratch cards are automatically void if counterfeited, mutilated, forged, altered, or tampered with in any way, if illegible, mechanically reproduced, obtained outside authorized legitimate channels or if they contain printing, production, typographical, mechanical, or other errors, or if they are rendered inoperable due to any type of malfunction, whether technological or otherwise. All Game materials submitted for prize claims become the property of Sponsor and will not be returned. Sponsor is not responsible for lost, late, stolen, illegible, incomplete, damaged, mutilated, misdirected, or postage-due mail, requests, or prize claims. All official Game Cards are subject to verification before any prize is awarded. Decisions of the judging organization are final, binding, and conclusive in all matters relating to this Game. ANY PERSON ATTEMPTING TO FORGE GIVEAWAY MATERIALS OR TO DEFRAUD SPONSOR IN ANY WAY IN CONNECTION WITH THIS GIVEAWAY WILL BE DISQUALIFIED AND MAY BE PROSECUTED TO THE FULLEST EXTENT OF THE LAW. Participant assumes all risk of loss or damage to, or destruction of, official Scratch Cards. Liability for official Scratch Cards containing printing or other errors or for official Giveaway materials that are incomplete, missing, or rendered inoperable due to any type of malfunction or other error, is limited to replacement with one (1) Giveaway Card, while supplies last. No more than the intended number of prizes as outlined in these Official Rules will be awarded for each prize. If, for any reason, more valid prize claims are received than there are prizes at any level as listed in these Official Rules, the intended number of prizes at that level will be awarded through a random drawing from among all valid prize claims received for that prize level. All federal, state, and local income taxes on prizes and all other costs incurred in claiming, registering, or using any prizes, or expenses on receipt and use of prizes are the responsibility solely of the Winners unless otherwise provided in these Official Rules. Prizes pictured in point of sale, online banner or print advertising and in promotional materials and other materials in connection with this Giveaway are for illustrative purposes only. Actual prizes may vary in appearance from the prizes pictured. Prizes cannot be transferred or substituted except at Sponsor's sole discretion, or as provided herein. Sponsor reserves the right to substitute a prize of equal or greater value if an advertised prize becomes or is unavailable for any reason. By accepting a prize, each Winner (or his/her parent or legal guardian if winner is a minor as defined herein) consents to the use of Winner's name, hometown, likeness, voice, and/or biographical information for advertising and promotional purposes in commerce and in all media worldwide without limitation or additional notice or compensation, except where prohibited by law. All potential Winners (or their parents or legal guardians, if applicable), by submission of prize claim, acknowledge compliance with these Official Rules and agree to release and hold harmless Sponsor, and affiliates, any entity for each of the foregoing, their participating retailers, dealers, distributors, affiliates, subsidiaries, media partners, and advertising, promotion, printers and other coordinating agencies involved in this Game, and all of their respective officers, directors, and employees (collectively, the "Promotional Parties") from and against any and all liability for injuries or damages of any kind sustained in connection with participation in this Game or the use, acceptance, possession or awarding of any prize/discount or while preparing for, participating in and/or traveling to or in connection with any prize-related activity, any accident, loss, injury or death occurring or in any way related to the prizes or use/misuse thereof, or while traveling to and/or from a location to obtain or use the prizes or participation in this Game. Unclaimed prizes will not be awarded.
- FOR REDEMPTION:
Promotional Parties are not responsible for (i) electronic transmissions, prize claims or Second Chance Drawing entries that are lost, late, stolen, incomplete, illegible, damaged, garbled, destroyed, misdirected or not received by Sponsor or its agents for any reason, (ii) any problems or technical malfunctions, errors, omissions, interruptions, deletions, defects, delays in operation or transmission, communication failures or human error that may occur in the transmission, receipt or processing of prize claims, or for destruction of or unauthorized access to, or alteration of, such claims, (iii) failed or unavailable hardware, network, software or telephone transmissions, damage to participants' or any person's computer and/or its contents, or causes beyond Sponsor's reasonable control that jeopardize the administration, security, fairness, integrity or proper conduct of this Game, or (iv) any prize claims submitted in a manner not expressly allowed under these rules; all such prize claims will be disqualified. All incomplete or non-conforming prize claims will be disqualified. Proof of submission of a claim does not constitute receipt of claim by Sponsor. The Promotional Parties do not assume any responsibility for any disruption in the Giveaway caused by labor strikes, or any other act, circumstance or other unforeseen event outside of the control of the Promotional Parties. Entry material/data that have been tampered with or altered shall be deemed void. ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE GIVEAWAY MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK ALL REMEDIES AND DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION. In the event there is a discrepancy or inconsistency between disclosures and other statements contained in any Game materials and the terms and conditions of these Official Rules, these Official Rules shall prevail, govern, and control. Promotional Parties are not responsible for printing or other errors in these Official Rules.
- REQUEST FOR OFFICIAL RULES:
Official Rules will be posted online at:
By participating in this Giveaway, participant or his/her parent/legal guardian, as applicable agrees that any and all disputes, claims, and causes of action arising out of or connected with the Giveaway or any prize/discount awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in Ft Lauderdale, Florida . All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, participants' rights and obligations, or the rights and obligations of the Sponsor in connection with the Giveaway, shall be governed by, and construed in accordance with federal law and to the extent not inconsistent, the laws of the State of Florida.
- FORCE MAJEURE/APPROVAL AND UNFORSEEN OCCURRENCES:
If, for any reason the Giveaway cannot be conducted as planned, as determined by Sponsor or judges in their sole discretion, the Sponsor, may, without prior notice, terminate, modify or suspend the Giveaway, in whole or in part. In the event of termination of the Giveaway prior to the stated end date, Sponsor will post notice regarding the termination on the Giveaway’s website and will award only those prizes for which valid prize claims were received prior to the date/time of termination.
Silly Farm Supplies
11860 West State Rd 84
Davie, FL 33325