MeUndies Poetry Sweepstakes

MeUndies Poetry Sweepstakes

Official Rules

 

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN.  PURCHASE DOES NOT ENHANCE CHANCE OF WINNING.

 

Eligibility. The MeUndies Poetry Sweepstakes (this “Sweepstakes”) is open to all natural persons who are legal residents of the fifty (50) United States and the District of Columbia, who are at least eighteen (18) years old at the time of entry and are a member of the Undie-Cover Club Community by MeUndies on Facebook. Entries from persons (i) under eighteen (18) years of age or (ii) outside the United States, in Puerto Rico, the U.S. Virgin Islands, and other United States territories and possessions or (iii) who are not members of the Undie-Cover Club Community by MeUndies on Facebook are void. This Sweepstakes is subject to all applicable federal, state, and local laws, and regulations and is void where prohibited by law.  

 

Sponsorship. This Sweepstakes sponsor is MeUndies, Inc., a Delaware corporation (“Sponsor”), located at 3650 Holdrege Avenue, Los Angeles, California, 90016. Sponsor and its respective affiliates, subsidiaries, successors, assigns, agents, representatives, officers, directors, shareholders, and employees (each, an “Authorized Person” and, collectively, the “Authorized Persons”), and any entity involved in the development, production, implementation, administration, judging, or fulfillment of this Sweepstakes, including without limitation, the immediate family members of such individuals, are not eligible to participate. Sponsor will conduct this Sweepstakes substantially as described in these Official Rules.

 

This Sweepstakes is in no way sponsored, administered, associated, or endorsed by Meta (“Meta”).  By entering this Sweepstakes, you understand you are providing certain information to Sponsor and not to Meta.

 

Entry Period. This Sweepstakes begins on September 13th, 2022 at 12:01 a.m. Pacific Time (“PT”) and ends on September 20th, 2022 at 11:59 p.m. PT (“Entry Period”).

 

How to Enter.  There are two ways to enter this Sweepstakes: (i) online or (ii) by mail.

 

Online.In order to enter this Sweepstakes online, during the Entry Period, prepare a MeUndies-related poem (“MeUndies Poem”) and submit it by posting in the MeUndies Facebook Group or by emailing it to undiecoverclub@meundies.com

 

Mail.  You may also enter without submitting a MeUndies Poem by printing your full name, complete address, age and telephone number on a postcard and mailing it to MeUndies, Inc., Attention: Customer Experience Team – MeUndies Sweepstakes, 3650 Holdrege Avenue, Los Angeles, California 90016.  Mail-in entries must be postmarked by the last day of an Entry Period and received by Sponsor no later than five (5) business days after the Entry Period to be entered in the Sweepstakes and eligible for the random drawing and Prize as discussed below.  

 

Only one (1) entry per person is permitted.  Use of any robotic, automatic, programmed, or similar entry method or entering more than the number of times permitted will void all entries and result in disqualification. You may not enter more times than indicated above by using multiple email addresses, identities, or devices in an attempt to circumvent the rules.  A valid entry via mail is as statistically likely to win as a valid online entry.  Please note that the MeUndies Poem will not be judged and, therefore, the content therein (so long as compliant with these Official Rules) will not increase or decrease your chances of winning.

 

Representations & Warranties; Content Restrictions.  By submitting a MeUndies Poem, you represent and warrant that (a) any statements, claims or representations about Sponsor’s products or services included in the entry are true, accurate, and substantiated; (b) to the extent that the entry states or implies that any individual actually uses or has a preference for Sponsor’s products or services, such individual actually uses or has a preference for Sponsor’s products or services; and (c) the entry is your own original work; (d) you owns or controls all rights in the entry and have the rights to grant the license(s) as indicated in the “Use of Review” section within these Official Rules; (e) neither the entry, nor the use of the entry as permitted hereunder, will violate or infringe upon the rights of any third party (including without limitation, the intellectual property rights, and/or publicity or privacy rights of any party) or violate any applicable law or regulation; and  (f) if any other individual is shown or referenced in the entry, entrant has secured permission from the individuals appearing or referenced.

 

Entrants must not include any of the following content in the MeUndies Poem: (a) pornography, adult-oriented content or any other sexually-explicit material; (b) explicit language or content, images of violence, or promotion of illegal activities; (c) libelous, defamatory, disparaging, tortious or slanderous materials; (d) tobacco, alcohol or drugs; (e) material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, age or any other basis protected by federal, state, territory, provincial or local law, ordinance, or regulation; and (f) material that is unlawful, or otherwise in violation of or contrary to the laws or regulations in any state where the entry is created (including without limitation the United States Federal Trade Commission’s Guides Concerning the Use of Endorsements and Testimonials in Advertising). Any entry that does not comply with the terms herein, in the sole discretion of the Sponsor, will be disqualified.

 

Prize. One (1) winner (the “Winner”) will be selected.  The Winner will receive one (1) MeUndies onesie in entrant’s size and selected print (subject to availability) (approximate retail value of $78) (the “Prize”).  The Winner agrees to accept the Prize “as is” and entrants hereby acknowledge that the Sponsor is not in any manner responsible or liable for any warranty, representation, or guarantee relative to the Prize, including warranties provided exclusively by a Prize supplier.  Any difference between stated approximate retail value and actual value of the Prize will not be awarded.  The Prize is non-transferable.  No substitution or cash equivalent of the Prize is permitted.  ALL FEDERAL, STATE AND LOCAL TAXES ASSOCIATED WITH THE RECEIPT OR USE OF THE PRIZE, IF ANY, IS SOLELY THE RESPONSIBILITY OF THE WINNER.  

 

Drawing. A random drawing will be conducted on or about September 26, 2022 by Sponsor to select the Winner from among all eligible entries received.  Sponsor reserves the right to disqualify any entrant or Winner and may refuse to award the Prize to a person who is not eligible or has violated any rule or term herein or any applicable law, gained unfair advantage in this Sweepstakes, or obtained winner status using fraudulent means.  If the Winner is found to be ineligible or not in compliant with Sweepstakes rules, the Winner will be disqualified and an alternate Winner will be awarded the Prize.  The Winner will be notified via email or Facebook private message on or about September 26, 2022 (the “Notification Date”).  If the Winner does not respond to Sponsor, with all reasonably requested information (i.e., correct contact information), within seven (7) calendar days of first being contacted by Sponsor, he or she may be disqualified and an alternate Winner may be selected at Sponsor’s sole and absolute discretion.  The Prize will be sent to the Winner within fourteen (14) calendar days after the Winner has accepted the Prize and provides the requisite information.  If a Prize is returned as undeliverable, then the Prize will be forfeited.

 

Odds. The odds of winning will depend on the number of eligible entries received, according to the eligibility requirements in this Sweepstakes. 

 

WARNING: ANY ATTEMPT BY ANY PERSON, WHETHER OR NOT AN ENTRANT, TO DELIBERATELY DAMAGE, DESTROY, VANDALIZE, TAMPER WITH OR INTERVENE WITH ANY SPONSOR-OWNED WEBSITE OR RELATED SOCIAL NETWORKING SITE, THE ENTRY PROCESS, OR OTHERWISE INTERFERE WITH OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES, MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

 

General Terms.  By entering this Sweepstakes, you agree and promise to be bound and abide by these Official Rules and decisions of Sponsor, which will be final and binding in all respects, including without limitation the interpretation of these rules.  Sponsor reserves the right, at its sole and absolute discretion, to refuse, disqualify, void or withdraw any entry or entrant at any time.  Sponsor will not be responsible for any injury, damage, or loss of any kind arising out of your participation in this Sweepstakes.  Sponsor further reserves the right to terminate, suspend or amend this Sweepstakes, without notice, and for any reason, including, without limitation, if Sponsor determines or suspects that the Sponsor cannot be conducted as planned or should a virus, bug, tampering or unauthorized intervention, technical failure or other cause beyond Sponsor’s control corrupt the administration, security, fairness, integrity or proper play of this Sweepstakes.

 

BY ENTERING THIS SWEEPSTAKE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO IRREVOCABLY WAIVE AND RELEASE SPONSOR, META AND EACH OF THEIR RESPECTIVE AUTHORIZED PERSONS FROM, ANY AND ALL CLAIMS, CAUSES OF ACTION, DISPUTES, LIABILITIES, LOSSES, DAMAGES (INCLUDING PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL DAMAGES), OR EXPENSES (INCLUDING ATTORNEYS’ FEES) (EACH A “CLAIM” AND, COLLECTIVELY, “CLAIMS”), NOW KNOWN OR UNKNOWN IN ANY JURISDICTION THROUGHOUT THE WORLD, ARISING OUT OF OR IN CONNECTION WITH PARTICIPATION IN THIS SWEEPSTAKES OR THE ACCEPTANCE, USE, OR MISUSE OF THE PRIZE.  YOU FURTHER AGREE AND COVENANT NOT TO MAKE OR BRING ANY SUCH CLAIMS AGAINST THE SPONSOR, META AND EACH OF THEIR RESPECTIVE AUTHORIZED PERSONS, AND FOREVER RELEASE AND DISCHARGE THE SPONSOR, META AND EACH OF THEIR RESPECTIVE AUTHORIZED PERSONS FROM LIABILITY UNDER SUCH CLAIMS.  YOU HEREBY FURTHER AGREE TO WAIVE ALL RIGHTS, IF ANY, THAT YOU MAY HAVE UNDER SECTION 1542 OF THE CALIFORNIA CIVIL CODE (OR ANY SIMILAR LAW OF ANY STATE OR TERRITORY OF THE UNITED STATES THAT MAY BE APPLICABLE WITH THE FOREGOING RELEASE), WHICH READS AS FOLLOWS:  “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”THE RELEASES HEREUNDER ARE INTENDED TO BE GENERAL RELEASES AND APPLY TO ALL CLAIMS NOT KNOWN OR SUSPECTED TO EXIST WITH THE INTENT OF WAIVING THE EFFECT OF LAWS REQUIRING THE INTENT TO RELEASE FUTURE UNKNOWN CLAIMS.  Sponsor, Meta and each of their respective Authorized Persons will not be responsible for: late, incomplete, or incorrect entries; an entrant’s failure to receive prize notices due to entrant’s spam, junk e-mail, or other security settings or for entrants’ provision of incorrect or otherwise non-functioning contact information; technical, hardware, or software malfunctions, lost or unavailable network connections, or failed, incorrect, inaccurate, incomplete, garbled, or delayed electronic communications whether caused by the sender or by any of the equipment or programming associated with or used in this Sweepstakes; by any human error which may occur in the processing of the entries in this Sweepstakes; or any typographical, technological, or other error in the publishing of the offer, administration of this Sweepstakes, or announcement of the Prize.

 

By entering this Sweepstakes, you agree to indemnify, protect, defend and hold Sponsor, Meta and each of their respective Authorized Persons, harmless from any and all Claims (whether or not arising out of third-party claims), suffered or incurred by Sponsor, Meta and each of their respective Authorized Persons, with respect to any threatened or actual Claim of any nature at any time asserted or brought in any way relating to the subject matter of these Official Rules, including with respect to any Claim arising from your submitted entry.  Internet access and usage charges imposed by your online service may apply and are your sole responsibility.  If entering via mobile device, normal phone/data and usage charges imposed by your phone service may apply and are your sole responsibility.

 

The waiver, release and indemnity set forth in these Official Rules shall continue in full force following the termination of this Sweepstakes and/or the awarding of any Prize.

 

Publicity.  By accepting the Prize, you give permission to the Sponsor and its Authorized Persons to use, at their discretion, your name, likeness and biological information for marketing purposes without further compensation or right of approval, unless prohibited by applicable law.

 

Winner’s Names. The name of the Winner will be available three (3) business days after the Notification Date and for sixty (60) calendar days thereafter.  To receive the name of the Winner, where permitted by applicable law, or a printed copy of these Official Rules, please contact Sponsor by email at social@meundies.com.  

 

Use of Entry.  By submitting a MeUndies Poem, you hereby grant the Sponsor and its Authorized persons an exclusive, irrevocable, royalty-free, worldwide license to use, reproduce, edit, market, store, distribute, have distributed, publicly and privately display, communicate, publicly and privately perform, transmit, have transmitted, create derivative works based upon, and promote the MeUndies Poem (in each case, as such may be edited or modified by the Sponsor in its sole discretion) for editorial, commercial, promotional and all other purposes. You waive any right to inspect or approve uses of the MeUndies Poem.  You further agree that Sponsor is not responsible for any unauthorized use of a MeUndies Poem by third parties.

 

Privacy. Information submitted with an entry is subject to the Privacy Policy stated at https://www.meundies.com/privacy. To read the Privacy Policy, click here.

Disputes. THIS SWEEPSTAKES IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF CALIFORNIA, AND THE FORUM AND VENUE FOR ANY CLAIM OR PROCEEDING SHALL BE IN LOS ANGELES, CALIFORNIA. IF THERE IS ANY CLAIM OR CONTROVERSY AND IT IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY JAMS IN ACCORDANCE WITH ITS ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (“JAMS RULES”). THE JAMS RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN CALIFORNIA. 

IN THE EVENT OF ANY CLAIM, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE REMEDY FOR ANY SUCH CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, INCLUDING ATTORNEYS’ FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF.  EACH ENTRANT AGREE THAT THE RIGHTS AND OBLIGATIONS OF ANY ENTRANT AND/OR SPONSOR AND ITS AUTHORIZED PERSONS AND/OR ANY OTHER PARTY SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION.  ANY CLAIM OR DEMAND FOR ARBITRATION MUST BE FILED WITHIN ONE (1) YEAR FROM THE END OF THE ENTRY PERIOD, OR THE CLAIM SHALL BE FOREVER BARRED.