Creatabu Art Sweepstakes Official Rules
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. Eligibility: The Creatabu Art Sweepstakes (the “Sweepstakes”) is open only to legal residents of the 50 United States, and the District of Columbia, who are at least eighteen (18) years old at the time of entry. Employees of Agile Ramen LLC, Creatabu, and any of their respective related companies, parents, subsidiaries, affiliates, and agents and any agencies or other companies involved in the development or execution of the Sweepstakes or production or distribution of Sweepstakes materials, 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 applicable federal, state, and local laws and regulations. Void outside the U.S., in Puerto Rico, and wherever else prohibited by law.
2. Sponsor: Agile Ramen LLC, 300 W. Valley Blvd. #F78, Alhambra, CA 91803 Administrator: Agile Ramen LLC, 300 W. Valley Blvd. #F78, Alhambra, CA 91803.
3. Agreement to Official Rules: By participating in the Sweepstakes, entrant fully and unconditionally agrees to and accepts these Official Rules and the decisions of the Sponsor and/or Administrator, which are final and binding in all matters related to the Sweepstakes. Whether an entrant receives a prize is contingent upon fulfilling all requirements set forth herein.
4. Timing: The Creatabu Art Sweepstakes begins at 12:00:01 AM Pacific Standard Time (“PST”) on Friday, May 1, 2015 and ends at 11:59:59 PM PST on Friday, August 28, 2015 (the “Sweepstakes Period”).
Sponsor’s computer is the official time-keeping device for the Sweepstakes.
Method #2 – Mail-In Entry: Send a postcard, including the Entry Period you are submitting your entry for, your name and complete address, as follows: For Entry Period 1, mail to: Agile Ramen LLC, Creatabu Art Sweepstakes, Entry Period 1, 300 W. Valley Blvd. #F78, Alhambra, CA 91803; For Entry Period 2, mail to: Agile Ramen LLC, Creatabu Art Sweepstakes, Entry Period 2, 300 W. Valley Blvd. #F78, Alhambra, CA 91803; For Entry Period 3, mail to: Agile Ramen LLC, Creatabu Art Sweepstakes, Entry Period 3, P300 W. Valley Blvd. #F78, Alhambra, CA 91803. For Entry Period 4, mail to: Agile Ramen LLC, Creatabu Art Sweepstakes, Entry Period 4, 300 W. Valley Blvd. #F78, Alhambra, CA 91803. Each postcard must be mailed separately and must be postmarked between the Entry Period Start Date and Mail-In Entry Postmark Date, and received by the Mail-In Entry Received-By Date.
To protect your privacy, it is recommended participants send any mail-in entries in an envelope. Photocopied, illegible, or mechanically reproduced entries are not eligible. All entries become the property of the Sponsor and will not be returned or acknowledged. Sponsor is not responsible for lost, late, damaged, misdirected or postage-due mailed entries.
Limit: One (1) entry per person per day regardless of method of entry even if the entrant had more than one email address. In the event of a dispute, online entries will be deemed to have been submitted by the Authorized Account Holder of the email address submitted at the time of entry. "Authorized Account Holder" means the natural person who is assigned to an email address by an Internet access provider, online service provider, or other organization that is responsible for assigning email addresses for the domain associated with the submitted email address.
Method #3 – Social Sharing Entry: Share the contest with your friends with the available sharing tools for Facebook, Twitter, and Tumblr. Social sharing entries are only available online and through the 3 above defined social networks. Social shares that do not meet the requirements with hashtags and links will be disqualified. Properly formatted sharing links will be posted by Creatabu on the sweepstakes page.
6. Entry Periods: There are four (4) Entry Periods as defined in the chart below (“Entry Period”). Entries must be received according the chart below to be eligible for that Entry Period drawing. Non-winning entries from any Entry Period will not be rolled over to subsequent Entry Periods.
Entry Period Start Date: 12:00:01 AM PST on
Entry Period End Date: 11:59:59 PM PST
Mail-In Entry and Mail-In Registration Postmark Date:
Mail-In Entry and Mail-In Registration Received-By Date:
Entry Period Drawing Date: on or about
7. Winner Determination: Creatabu is an organization whose decisions as to the administration and operation of the Sweepstakes and the selection of the potential winners are final and binding in all matters related to the Sweepstakes. Administrator will randomly select the potential Entry Period Sweepstakes winners from all eligible entries received during the Entry Period. The drawing for each Entry Period will be held as defined in the chart above. The potential winner will be notified by mail, email or phone.
8. Winner Requirements: All potential winners must comply with all terms and conditions of these Official Rules; and winning is contingent upon fulfilling all requirements. The potential winners (or winner’s parent/legal guardian if winner is a minor in his/her state of residence) will be required to sign and return an Affidavit of Eligibility, Liability & Publicity Release (“Affidavit”), which must be received by Administrator/Sponsor within seven (7) calendar days of the date notice or attempted notice is sent, in order to claim his/her prize. Prizes will be awarded within approximately forty-five (45) calendar days after the winner is verified. If a potential winner cannot be contacted, fails to execute and return the Affidavit within the required time period (if applicable), or prize is returned as undeliverable, potential winner forfeits the prize. In the event that a potential Sweepstakes Prize winner is disqualified for any reason, Sponsor will award the applicable prize to an alternate winner by random drawing from among all eligible entries. Only three (3) alternate drawings will be held after which the applicable prize will remain un-awarded. Acceptance of any prize shall constitute and signify winner’s agreement and consent that Sponsor may use the winner’s name, city, state, likeness, Submission and/or prize information in connection with the Sweepstakes, worldwide, including the Internet, without limitation and without further payment or consideration, except where prohibited by law. Without limiting the generality of these Official Rules, winner shall irrevocably grant, transfer, convey and assign to Sponsor the entirety of the rights in and to the Submission and all renewals and extensions of copyright, and the right to secure copyright registrations thereto in perpetuity including, without limitation, the rights to use the Submission for any and all purposes in any and all media whether now known or hereafter developed, on a worldwide basis, in perpetuity. Winner accepts and acknowledges that Sponsor shall not be obligated to use the Submission and that Sponsor in its sole discretion shall have the right to refrain from using the Submission. Sponsor shall not incur any liability whatsoever to the extent Sponsor chooses to refrain from any exploitation of its rights hereunder. Winner will indemnify Sponsor, Released Parties (as defined in Section 10, below) and any licensee of Sponsor against all claims, damages, liabilities, and expenses (including reasonable counsel fees and legal expenses) arising out of any breach of these terms.
Entry Period First Prize: One (1) First Prize will be available to be won each Entry Period during the Sweepstakes Period. Grand Prize is for a Wacom CTH470 Bamboo Capture Pen and Touch Tablet (ARV $99.95 each). The ARV of all First Prizes is: $398.6.
Entry Period Second Prizes: One (1) Second Prize will be available to be won each Entry Period during the Sweepstakes Period. Second Prize is for an Adonit Jot Pro Fine Point Stylus (ARV $29.99 each). The ARV of all Second Prizes is: $119.96.
Entry Period Third Prizes: One (1) Third Prize will be available to be won each Entry Period during the Sweepstakes Period. Third Prize is for an iPad for Artists Book (ARV $14.82 each). The ARV of all Third Prizes is: $59.28.
Entry Period Fourth Prizes: One (1) Fourth Prize will be available to be won each Entry Period during the Sweepstakes Period. Fourth Prize is for a Creative DIY Puzzle Notebook (ARV $10 each). The ARV of all Fourth Prizes is: $40.
Secondary, Social Sharing Prize: One (1) Social Sharing Prize will be available to be won each Entry Period during the Sweepstakes Period. Social Sharing Prize is for a Creative schwag (ARV $5 each). The ARV of all Fourth Prizes is: $20.
Prizes are non-transferable and no substitution will be made unless Sponsor, in its sole discretion, determines otherwise. Sponsor reserves the right to substitute a prize for one of equal or greater value should it become unavailable for any reason. Winners are responsible for all taxes and fees associated with prize receipt and/or use. TOTAL ARV FOR ALL PRIZES: $637.84. The ARV of prizes is subject to price fluctuations in the consumer marketplace based on, among other things, any gap in time between the date the ARV is estimated for purposes of these Official Rules and the date the prize is awarded or redeemed. Limit: One (1) Sweepstakes Prize per person.
Odd of winning will depend upon the total number of eligible entries received.
Winners are responsible for all federal, state, local and income taxes associated with winning prize.
10. Release: By participating, entrant agrees to release and hold harmless Sponsor, Administrator, and their respective parents, subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company’s 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.
11. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor in its sole discretion. Sponsor, in its sole discretion, reserves the right to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. 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, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
12. Limitations of Liability: The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrant, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Sweepstakes; (4) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; (5) late, lost, undeliverable, damaged or stolen mail; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes or receipt or use or misuse of any prize. Sponsor is not responsible for misdirected or undeliverable entries or for any technical problems, malfunctions of computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof. Sponsor and Administrator are not responsible for any typographical/other error in entries, selection announcement or for any liability for damage to any computer system resulting from participation in, accessing or downloading information in connection with this Sweepstakes. If for any reason an entrant's Sweepstakes entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Sweepstakes, provided that, if it is not possible to award another entry due to discontinuance of the Sweepstakes, or any part of it, for any reason, Sponsor, in its sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the Sweepstakes prizes offered herein. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims.
13. Disputes: EXCEPT WHERE PROHIBITED, ENTRANT AGREES THAT: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS SWEEPSTAKES OR ANY PRIZE AWARDED SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, AND EXCLUSIVELY BY THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF CALIFORNIA OR THE APPROPRIATE CALIFORNIA STATE COURT LOCATED IN MADISON COUNTY; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED, INCLUDING COSTS ASSOCIATED WITH ENTERING THIS SWEEPSTAKES, BUT IN NO EVENT ATTORNEYS’ FEES; AND (3) UNDER NO CIRCUMSTANCES WILL ENTRANT BE PERMITTED TO OBTAIN AWARDS FOR, AND ENTRANT HEREBY WAIVES 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 THE ENTRANT AND SPONSOR IN CONNECTION WITH THE SWEEPSTAKES, SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF CALIFORNIA WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OR CONFLICT OF LAW RULES (WHETHER OF THE STATE OF CALIFORNIA OR ANY OTHER JURISDICTION), WHICH WOULD CAUSE THE APPLICATION OF THE LAWS OF ANY JURISDICTION OTHER THAN THE STATE OF CALIFORNIA. ALL PRIZES ARE AWARDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND.
15. Winner List: Winner List requests will only be accepted after the promotion end date (listed above) and no later than September 26, 2015. For the Winner List, send a stamped, self-addressed envelope to: Agile Ramen LLC, The Creatabu Art Sweepstakes Winner Confirmation Request, 300 W. Valley Blvd. #F78, Alhambra, CA 91803.