2023 Heckova Instagram Sweepstakes Official Rules
NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW. The 2023 Heckova Instagram Sweepstakes (the “Sweepstakes”) runs from August 26, 2023 at 12:00:01 am Central Time (“CT”) to August 28, 2023 at 11:59:59 pm CT (the “Sweepstakes Period”). Sponsor’s computer will be the official clock for the Sweepstakes.
1. Eligibility. The Sweepstakes is open only to legal U.S. residents residing in the 50 United States or District of Columbia, who are at least: (a) 18 years of age and (b) the age of majority in their state of residence, if higher than 18, at the time of entry, and (c) have or open a free Instagram account. Employees, officers and directors, their immediate family members (spouse, siblings, children and parents, regardless of where they live) or members of the same households (whether related or not) of Heckova, LLC (“Sponsor”), 1801 Pine St, Seward, NE 68434, or their partners, affiliates, subsidiaries, parent companies, divisions and advertising, promotion, public relations agencies, are not eligible to enter or win.
2. Entry. During the Sweepstakes Period, an eligible person may enter, up to a maximum of one entry per person in the Sweepstakes, by:
I. Instagram Entry –
(A) Logging into his or her Instagram account,
(B) following the Instagram account @HeckovaPet,
(C) liking the Heckova National Dog Day post, and
(D) make a comment on the Heckova National Dog Day post including #Heckovasweepstakes and tagging a friend.
II. Email Entry – Emailing his or her legal name, e-mail address, phone number and address with the subject line “Heckova Sweepstakes Entry” to onlineorders@heckova.com.
Limit of one entry per person. To be a valid entry, all entries must comply with all Instagram Terms of Service and Rules and these Official Rules. Additionally, if entrant’s post contains any additional material above and beyond the requirements, such material must All Entries must (a) be in good taste and appropriate for Sponsor’s audience, in Sponsor’s sole discretion; (b) not include or reference any persons other than the entrant, or any brands, logos, names or creative works, other than those created by or owned by either entrant or Sponsor; and (c) not be offensive or disparaging or infringing of any rights of others.
By entering, each entrant understands and acknowledges that this Sweepstakes is in no way sponsored, endorsed, administered by, or associated with Instagram. Each entrant agrees to adhere to all rules established by Instagram. Any information provided for the Sweepstakes is being provided by Sponsor rather than Instagram. Each entrant hereby releases Instagram from all claims, losses, and harms that you may allege or incur relating to this Sweepstakes.
All entries become the property of the Sponsor and may not be acknowledged or returned, and no correspondence will be entered into regarding the status of any entry. By entering, a person agrees to be bound by these Official Rules. Entries that do not comply with the terms of the Sweepstakes will result in disqualification. Incomplete or illegible entries will not be considered. Entries will be void if electronically or mechanically reproduced, forged, defective, altered or obtained through unauthorized channels or if they contain production, typographical, electronic, mechanical, or other errors. Sponsor reserves the right in its sole discretion to disqualify and remove any entry at any time which, in Sponsor’s opinion, is offensive, contains unsuitable material, endangers the safety or wellbeing of any person, or if it is determined the entrant has not complied with these Official Rules. Sponsor is not responsible for lost, late, stolen, damaged, incomplete, invalid, unintelligible, garbled, delayed, not visible or misdirected entries; all of which will be void in Sponsor’s sole discretion. Entries received outside the Sweepstakes Period will not be accepted.
The Authorized Account Holder of the email address associated with the Instagram account used for entry will be deemed to be the Entrant. The “Authorized Account Holder” is the natural person assigned an email address by an internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Potential winners may be required to show proof of being the Authorized Account Holders.
3. License Grant/Release. Posting an Additional Entry constitutes entrant’s full agreement to give Sponsor a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display such Additional Entry and any component thereof, in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media or technology now known or later developed, including without limitation for promotional or marketing purposes. If requested, entrant will sign any documents that may be required for Sponsor or its designees to make use of the Additional Entry. By entering, you warrant and represent that your Additional Entry does not infringe on any rights of any third parties, and you further agree that your Additional Entry conforms to these Official Rules
Only complete and valid entries will be eligible. By entering the Sweepstakes, each entrant warrants that he or she has read and agrees to abide and be bound by these Official Rules and that he or she is not prohibited from participating in the Sweepstakes. Eligible entrants agree that Sponsor shall retain full authority, in its sole discretion, to interpret and administer these Official Rules, and entrants agree to be bound by all decisions and interpretations made in good faith by the Sponsor, or its designee.
4. Winner Selection. On or about August 29, 2023, Sponsor will randomly select thirty-seven (37) entries from all valid Entries throughout the Sweepstakes Period, and the entrants who submitted each such winning entry (each, a “Winner”) will win the Prize as defined below.
If the Prize or any portion thereof cannot be awarded for any reason, Sponsor reserves the right to substitute such Prize with another prize of equal or greater value. Decisions of the Sponsor will be final and binding on all matters relating to this Sweepstakes. Sponsor will notify the potential Winner through a direct message to the potential Winner’s Instagram account. The potential Winners will be required to contact Sponsor within [3 business days] and may be required to complete, sign and return to Sponsor an Affidavit of Eligibility and Liability/Publicity Release within 7 days of receipt of such documents from Sponsor before accepting the Prize. If a potential Winner fails to return such documents to Sponsor prior to such deadline, the Prize won may be forfeited in Sponsor’s sole discretion, such potential Winner may be disqualified, and an alternative Winner may be selected by Sponsor from the remaining eligible entries. In the event that more than thirty-seven (37) prospective Winners for the Prize are inadvertently named, a drawing will be held among all such potential Winners to select three Winners. Except where prohibited by law, the Winners also grant Sponsor the right to use each Winner’s submission, full name, hometown, images and likenesses for advertising, publicity, and promotion purposes, including print, broadcast, and online announcements, without further compensation than the said Prize and at no expense to the Winners.
5. Prize. Thirty-seven (37) Winners will each receive one sample of Heckova! freeze dried topper (the “Prize”). The approximate retail value of each Prize is $5.00.
The Prize will be mailed to the address specified by the Winner.
Decisions of the Sponsor will be final and binding on all matters relating to this Sweepstakes. The Prizes are not transferable. If the Prize cannot be awarded for any reason, Sponsor reserves the right to substitute such Prize with another prize of equal or greater value. No substitution or cash redemption of any Prize, or any portion thereof, is allowed, except at the sole discretion of the Sponsor. Any difference in the stated ARV and the actual value of the Prize will not be awarded. Sponsor is not responsible for any lost or stolen Prizes. Sponsor is not responsible for the inability of any Winner to accept or use any Prize (or portion thereof) for any reason. Any difference in the stated ARV and the actual value of the Prize will not be awarded. If the potential Winner is found to be ineligible, does not comply with these Official Rules or declines to accept the Prize, the potential Winner may be disqualified in Sponsor’s sole discretion, and in such case Sponsor may select an alternate Winner in a random drawing from remaining eligible entries.
6. Odds. The odds of winning a Prize depend on the total number of eligible entries received.
7. Responsibility for Prize/Taxes. By entering, each Winner understands and agrees that he/she is solely responsible for the use, care, and maintenance of the Prize, including (without limitation) any and all insurance requirements, licensing requirements, and liability for use. PRIZES ARE AWARDED “AS IS” WITH NO REPRESENTATION OR GUARANTEE OF ANY KIND BY SPONSOR, AND EXCLUDE ALL WARRANTIES, EXPRESS OR IMPLIED, ARISING BY OPERATION OF LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Any and all prize-related expenses, including without limitation any and all federal, state, and/or local taxes shall be the sole responsibility of the winner. The Internal Revenue Service requires Form 1099-MISC to be issued and filed for each recipient who received a prize/award if the annual aggregate is at least $600 or more. If requested by Sponsor, the potential Winner will be required to complete, sign, and return to Sponsor an IRS Form W-9 prior to receiving the Prize. Failure to complete, sign and return a W-9 will result in the Winner being disqualified, and in such case, Sponsor may select an alternate Winner in a random drawing from remaining eligible entries. The Winner should consult his/her tax advisor for the proper tax treatment of this income on his/her tax return.
8. Compliance with Laws. Receipt of the Prize is conditioned upon the entrant’s compliance with these Official Rules and all federal, state, and provincial laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY ANY WINNER (AT SPONSOR’S SOLE DISCRETION) WILL RESULT IN SUCH WINNER’S DISQUALIFICATION AS WINNER OF THE SWEEPSTAKES AND ALL WINNER PRIVILEGES WILL BE IMMEDIATELY TERMINATED. If any provision of these Official Rules shall be deemed to violate any federal, state, provincial or municipal law, it shall be amended to conform to such law and all other provisions shall remain in full force and effect.
9. Termination: Sponsor reserves the right, in its sole discretion and without notice, to cancel, terminate, modify, or suspend the Sweepstakes. Examples of reasons for termination or modification of the Sweepstakes may include (without limitation) Sponsor’s inability to reasonably or fairly conduct or administer the Sweepstakes due to business changes, viruses, malware, security breaches, non-authorized human intervention, fraud, or other causes beyond Sponsor’s control. If Sponsor modifies, cancels, terminates, or suspends the Sweepstakes, Sponsor may, in its sole discretion, randomly select Winners from all eligible, non-suspect, entries received prior to and/or after (if appropriate) the action taken by Sponsor. Sponsor reserves the right at its sole discretion to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Sweepstakes or website or violates these Official Rules. Any attempt by an entrant to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil laws 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.
10. Additional Conditions. Each entrant agrees to, accepts, and shall abide by these Official Rules and agrees that any disputes shall be resolved by Sponsor, in its sole discretion. Sweepstakes void where prohibited or restricted. If any provision of this Sweepstakes shall be deemed to violate any federal, state, or municipal law, it shall be amended to conform to such law and all other provisions shall remain in full force and effect. Sponsor is not responsible for any typographical or other errors in the printing of these Official Rules, administration of this Sweepstakes or in the announcement of any winner(s) or Prize(s). In the event this Sweepstakes is cancelled for any reason, Sponsor reserves the right to conduct a random drawing to award the prizes from among all eligible, non-suspect, entries received prior to the time of the action or event warranting such cancellation.
11. Release. By participating, each entrant agrees to hold harmless Sponsor and its employees, officers, directors, shareholders, representatives, agents, successors and assigns, from any liability whatsoever, and waive and release such parties from any and all causes of action, for any claims, costs, injuries, losses, or damages of any kind (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light, whether intentional or unintentional) arising out of or in connection with the event or acceptance, possession, or use/misuse of any prize, participation in any promotion-related activity, or participation in the promotion, whether under a theory of contract, torts (including, without limitation, negligence), warranty, or any other theory or cause of action.
12. Disputes Resolution. THIS PROMOTION IS GOVERNED BY THE LAWS OF THE UNITED STATES OF AMERICA AND THE STATE OF NEBRASKA WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in the Promotion, the entrant agrees that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or connected with the Promotion, shall be resolved individually, without resort to any form of class action, exclusively before a court located in Douglas County, Nebraska having jurisdiction. Further, in any such dispute, under no circumstances will participant be permitted to obtain awards for, and hereby waives all rights to claim, punitive, incidental, or consequential damages, including reasonable attorneys’ fees, other than participant’s actual out-of-pocket expenses (i.e. costs associated with entering this Promotion), and participant further waives all rights to have damages multiplied or increased.
13. Privacy. Personal information collected from entrants will be used by Sponsor for the purpose of administering the Sweepstakes. By entering the Sweepstakes, entrants acknowledge and consent to the collection, use and disclosure of their personal information in accordance with Sponsor’s Privacy Policy available at https://www.scoular.com/privacy/. By entering the Sweepstakes, entrants agree to allow Sponsor to contact them regarding the Sweepstakes.
14. Winners List. Sponsor will provide list of winners upon request. To obtain a list of the Sweepstakes winners, send an email with the subject line “2023 Heckova Sweepstakes Winner’s List” to onlineorders@heckova.com.
15. Official Rules. To obtain a copy of the “Official Rules” for the Sweepstakes, go to https://heckova.com/official-rules/national-dog-day-giveaway/.
16. Sponsor. This sweepstakes is sponsored by Heckova, LLC 1801 Pine St, Seward, NE 68434
