No Purchase Necessary To Enter Or Win. Making A Purchase Will Not Improve Your Chances Of Winning. Void Where Prohibited By Law.
By participating in this Sweepstakes, you agree to these Official Rules, which are a contract, so read them carefully before participating. Without limitation, this contract includes indemnities to the Sponsor from you, a limitation of your rights and remedies, binding arbitration of claims, waiver of class action claims and waiver to the right to trial by jury.
To Enter The Sweepstakes, You Must Have Internet Access and A Valid Email Address.
1. Overview: This Sweepstakes (the “Sweepstakes”) begins at 5:00:00 a.m. Eastern Time (“ET”) on Tuesday, October 25, 2022, and ends at 11:59:59 p.m. ET on Friday, December 31, 2022 (“Promotion Period”). By participating in the Sweepstakes, you are agreeing to be bound by the decisions of ePac (defined below), which are final and binding with respect to all aspects of the Sweepstakes.
2. Eligibility: The Sweepstakes is open to legal residents of any one of the fifty United States, the District of Columbia, Puerto Rico and U.S. Virgin Islands (collectively, the “Territory”) who are at least sixteen years of age at the time of participation (each an eligible “Participant”). Employees, officers, directors, members, managers, agents and representatives of ePac Holdings, LLC and those living in the same household of each such employee, officer and director and any other party participating in the development, design, administration or fulfillment of this Sweepstakes (all of the foregoing entities and individuals, together, “Released Parties”), and the immediate family members of any such individual (spouse, IRS-dependent, biological, foster, in-law, adoptive or step- mother, father, sister, brother, child, husband or wife, and their respective spouses, regardless of where they reside), and those living in the same household of any such individuals, whether or not related, are not eligible. This Sweepstakes is void where prohibited by law.
To Be Eligible To Win: Winning a prize requires that the Potential Prize Winner (defined below) of the prize is, and remains, in compliance with these Official Rules. Until a Potential Prize Winner is verified to be eligible and in compliance with these Official Rules (refer to Rule 4), the Potential Prize Winner is, and will remain, a Potential Prize Winner, unless the Potential Prize Winner is disqualified for not complying with the Official Rules, including for entering via more than one method (App or AMOE Page [some terms defined below]) and/or not being eligible to participate in the Sweepstakes. Sponsor reserves the right in its sole discretion to disqualify any Potential Prize Winner who Sponsor determines is not permitted by law to receive the prize. If the winner is eligible to participate in the Sweepstakes, but under the age of majority in their state of residence (a “Minor”) the prize will be awarded to or in the name of winner’s parent/legal guardian, who must execute all documents and agree to all obligations and undertakings of such winner, both on behalf of themselves and the Minor Participant, or the prize will be forfeited in its entirety. Sponsor reserves the right to refrain from conducting any advertising or publicity associated with a winner for any reason. Corporations and companies (of any type) cannot be winners in this Sweepstakes and are not entitled to any prizing won by their employees. Only natural people can be a winner in this Sweepstakes.
3. How To Enter: To participate in this Sweepstakes, during the Promotion Period, eligible Participants can use their smartphone camera to scan the QR code located on the package sent from ePac. NOTE: Participation is available only to current customers who received the ePac Holidays package in the mail. Each entry has the same odds of winning.
If during registration a Participant provides information indicating that they are not eligible (or fails to provide any required information), they will be shown a screen which will inform them that they are not eligible to participate in the SweepstakeIf such a potential Participant satisfies the eligibility requirements for the Sweepstakes, they may participate.
Participants must provide all data requested on the registration form, including their first name, last name, email address, phone number (including area code), physical address (including street, city, state and ZIP; no P.O. boxes) and agree to the Official Rules, in order to receive one Sweepstakes entry.
There is a limit of one Entry per person, per day during the sweepstakes period. Any attempted participation outside of the Promotion Period or attempts to participate in excess of the limits stated herein (including, without limitation, by providing multiple sets of or false contact information or registering for multiple user accounts) are void and Participant may be disqualified in ePac’s sole discretion. Those who do not abide by these Official Rules or the instructions of Sponsor or its representatives and provide all required information may, in Sponsor’s sole discretion, be disqualified and any participation by such person void.
All Participants are required to comply with the FTC Guides Concerning the Use of Endorsements and Testimonials in Advertising at 16 CFR 255 (available at http://www.ftc.gov/sites/default/files/attachments/press-releases/ftc-publishes-final-guides-governing-endorsements-testimonials/091005revisedendorsementguides.pdf). These obligations include disclosing in any social media post or communication, or any other communication, that they make about the Sweepstakes or Sponsor that they are Participants in the Sweepstakes if the post or communication is incentivized by Sponsor (e.g., if Sponsor gives you an entry in the Sweepstakes in exchange for you posting a comment about Sponsor or the Sweepstakes).
Sponsor may prohibit a Participant from participating in the Sweepstakes and/or winning the Prize if, in its sole discretion, it determines that said Participant is attempting to undermine the legitimate operation of the Sweepstakes by participating via more than one method (App or AMOE Page) or by cheating, hacking, deception or engaging in other unfair practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other Participants or Sponsor or its agents or if Participant has or has attempted to submit malicious code, .exe files or any file that contains malicious code.
4. Random Drawing/Winner Notification: From among all eligible Entries received during the Promotion Period, the Sponsor will randomly draw the potential prize winner (“Potential Prize Winner”) on or around November 4, 2022. The Potential Prize Winner’s verification will be under supervision of Sponsor, whose decisions are final and binding on all matters relating to the Sweepstakes. The Potential Prize Winner will be notified via phone within approximately two business days following the drawing. If the selected Potential Prize Winner does not respond to Sponsor within two business days of being notified, is found to be ineligible, or cannot or does not comply with these Official Rules, such Potential Prize Winner may be disqualified, and an alternate Potential Prize Winner may be chosen (time permitting), by random drawing from among all remaining eligible Entries received, all as determined by Sponsor in its sole discretion. The prize, if legitimately claimed, will be awarded. Sponsor will not be obligated to pursue more than three alternate potential winners (time permitting) for any reason. Odds of winning the prize depend on the actual number of eligible Entries received during the Promotion Period. Potential Prize Winner will be subject to verification.
5. Verification Of The Potential Winner: Upon receiving notification that they are a Potential Prize Winner, the Potential Prize Winner (or their parent/legal guardian if Potential Prize Winner is a Minor), must follow all instructions to complete the prize claim and verification processes or the prize will be forfeited. The initial prize claim process (refer to Rule 4 above) must be completed by the date specified below for the prize. Following completion of this initial prize claim process, Potential Prize Winner may then (in Sponsor’s sole discretion) be required to complete, have notarized and return an Affidavit of Eligibility and Publicity/Liability Release, where legal, a guest release and, as applicable, an IRS Form W-9 and any other documents that the Sponsor may request (collectively the “Prize Claim Documents”) within five business days of the date that such Prize Claim Documents are sent to Potential Prize Winner. If the Potential Prize Winner does not complete the initial prize claim process or does not provide the Sponsor with the required Prize Claim Documents by the specified deadline and in accordance with these Official Rules and Sponsor’s instructions at that time, the prize may be forfeited and, in that case, may not be awarded to an alternate Potential Prize Winner. Any failure to comply with these Official Rules or failure to properly claim the prize or to complete and return required Prize Claim Documents by the deadline set by Sponsor will result in disqualification and the prize will go unawarded. If Sponsor so elects, the Potential Prize Winner may be required to submit to, and cooperate in, a confidential background check to confirm eligibility, security requirements set by Sponsor and to help ensure that the use of any such person in advertising or publicity for the Sweepstakes will not bring Sponsor into public disrepute, contempt, scandal or ridicule, or reflect unfavorably on the Sweepstakes or the Sponsor, all as determined by Sponsor in its sole discretion.
In the event of a dispute as to the identity or eligibility of the winner based on the mobile phone number submitted, the prize will be awarded to the ePac Holdings, account contact, or for an email account, shall be the natural person to whom the applicable email address has been assigned by the Internet access provider, service provider or other online organization responsible for assigning email addresses for the domain associated with the submitted email address at the time the play is submitted, but only if that person meets all other eligibility criteria detailed in these Official Rules.
6. “Prize”; Odds Of Winning; Approximate Retail Value (“ARV”):
Participants have the same odds of winning, and the prize for all such methods is awarded through the same systems. The odds of winning the prize will be determined by the number of Entries received via all methods.
If a Participant receives a phone call or email indicating that they are a Potential Prize Winner, that Participant must provide their details to receive Prize Claim Documents and return the executed documents no later than the deadline for the prize set forth below.
13 Prizes available in this Sweepstakes; The total ARV is $85,700.
Additional Prize Terms: All prize details not stated in the above prize description will be determined by Sponsor (or the Prize Partner) in its sole discretion. The prize winner will be solely responsible for all applicable federal, state and local taxes associated with the acceptance, receipt and use of the prize (and any portion thereof). Prize consists only of items/amounts specifically listed. Any and all costs, fees or expenses related to participating in the Sweepstakes or claiming or using a prize, unless otherwise specifically set forth herein as part of the prize, are the sole responsibility of the applicable winner. Certain conditions and restrictions may apply. The prize is not transferrable, and no substitution is allowed, except in Sponsor’s sole discretion. Sponsor reserves the right to substitute the prize or portions thereof with a prize of equal or greater approximate retail value for any reason. The winner will be issued a 1099 tax form for the actual value of the prize. If the winner does not accept or use the entire prize, the unaccepted or unused part of the prize will be forfeited and the Released Parties will have no further obligation with respect to that prize or portion of the prize. The Released Parties will not replace any lost, mutilated, stolen or undeliverable prize or prize that does not reach the winner because of an incorrect or changed address or other contact information. Prizes will be mailed (where applicable) only to the verified winner’s address within the Territory unless Sponsor, in its sole discretion, agrees otherwise. If Sponsor determines at any time in its sole discretion that the winner or Potential Prize Winner is ineligible or in violation of these Official Rules, Sponsor reserves the right in its sole discretion to disqualify that person, even if they have been notified or announced as the winner.
7. General Conditions: By entering the Sweepstakes, Participants unconditionally:
a. agree to be bound by these Official Rules and the decisions of Sponsor and/or Administrator (defined below) and any independent judge(s) used by Sponsor, which will be binding and final in all matters pertaining to the Sweepstakes;
b. grant (and agree to confirm that grant in writing) Sponsor and each of its respective designees to use Prize Winner’s name, photograph, likeness, voice, biographical information, statements and address (city and state) for advertising and/or publicity purposes worldwide and in all forms of media now known or hereafter developed (including, but not limited to publishing the Prize Winner’s name on Sponsor’s Instagram and/or Facebook pages), in perpetuity, without further compensation, except in Tennessee and where prohibited by law; and
c. agree that Participant’s wireless service provider may release any Participant’s phone number(s) to the Sponsor or its designees for use in contacting Participant and determining Participant’s eligibility to receive the prize.
8. Limitations Of Liability: The Released Parties are not responsible for, and specifically disclaim any liability for or arising out of, any of the following regardless of cause, in connection with the Sweepstakes:
a. any incorrect or inaccurate information, whether caused by Participants, wireless carriers, Internet Service Providers (“ISP”) or unauthorized human intervention;
b. technical difficulties or failures of any kind including, but not limited to, malfunctions, interruptions or disconnections in transmissions or connections, phone lines, network hardware or software, computers, equipment, programming errors, cable, satellite, cellular tower or ISP or wireless carriers;
c. bugs, viruses, worms, Trojan horses or similar malicious attacks;
d. typographical, printing, network, mechanical, electronic, technical, human or other errors or malfunctions;
e. any responsibility and/or liability with respect to the Sweepstakes and/or the prize (including any property loss, damage, personal injury or death) in connection with participation in this Sweepstakes, the offering or announcement of the prize, or the acceptance/possession, use/misuse and/or defects of the prize awarded herein; including any travel included in the prize;
f. lost, incomplete, late, misdirected, garbled, undelivered, incomplete, stolen or mutilated transactions, subscriptions or entries or garbled, lost, misrouted or scrambled transmissions; or
g. unauthorized human and/or mechanical intervention in the Sweepstakes or any other part of the participation process in this Sweepstakes. The Released Parties shall not be liable for any injury, damage, loss, expense, accident, delay, inconvenience or irregularity that may be caused or contributed to
(i) by any wrongful, negligent or unauthorized act or omission on the part of any supplier of any element of the prize, employees or independent contractors,
(ii) by any wrongful, negligent or unauthorized act or omission on the part of any other person or entity not an employee of the Released Parties, or
(iii) by any other cause, condition or event whatsoever beyond the control of the Released Parties or their parents, subsidiaries and affiliated companies. CAUTION: Any attempt by a person or entity to damage any website, app or platform or undermine the legitimate operation of this Sweepstakes may be a violation of criminal and/or civil laws and, should such an attempt be made, Sponsor reserves the right to seek damages and/or other remedies (including attorneys’ fees) from any such individual(s) or entity(ies) responsible for the attempt to the fullest extent permitted by law.
9. Release/Waiver/Indemnity: To the maximum extent permitted by applicable law, by entering, each Participant (and guest, if applicable) and each of their agents, assignees, executors and successors agree to indemnify, defend, hold harmless and fully release and forever discharge each of the Released Parties and their respective shareholders from and against any and all liabilities, costs, claims, alleged claims, demands, duties, rights, agreements, promises, damages, injuries, losses, expenses, liens and debt actions of any kind, including, without limitation, attorneys’ fees, whether now known or unknown, unforeseen or foreseen, arising out of or in any way connected with, directly or indirectly, participation in the Sweepstakes, including without limitation, personal injury or death, loss of enjoyment, or other harm or loss of any nature whatsoever caused or contributed to by or arising out of participation in this Sweepstakes or resulting from acceptance, possession, quality, use or misuse of a prize. The Released Parties are not responsible for any additional expenses, omissions or delays resulting from any acts of any government or authority.
Disclaimer Of Warranties: To the maximum extent permitted by applicable law, the Released Parties make no warranties, and hereby disclaim any and all warranties, expressed or implied, concerning any prize in connection with the Sweepstakes. To the maximum extent permitted by applicable law, and without limiting the generality of the foregoing, prizes are provided “as is” without warranty of any kind, either expressed or implied, and the Released Parties hereby disclaim all such warranties, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose and/or non-infringement.
A. Disqualification. It is the Participant’s sole responsibility to ensure that they have complied in full with all conditions and requirements contained in these Official Rules. If any Potential Prize Winner is found to be ineligible, or if they have not complied with these Official Rules, or declines the Prize for any reason prior to award, such Potential Prize Winner will be disqualified, and the Prize forfeited. No mechanically reproduced, illegible, incomplete, forged, software-generated, third party or other automated or robotic participation, in whole or in part, will be accepted. Entries made by any individual or any entity other than the Participant and/or originating by any other mechanism, including but not limited to commercial promotion subscription, notification, and/or entering services, will be declared invalid and disqualified from this Sweepstakes. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Sweepstakes; to be acting in violation of these Official Rules; or to be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Sweepstakes, or to annoy, abuse, threaten or harass any other person. The Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law.
B. Force Majeure/Printing and Production Errors. Sponsor reserves the right, without prior notice and at any time, to terminate the Sweepstakes, in whole or in part, or modify, suspend or extend the Sweepstakes or Sweepstakes materials in any way, if it determines in its sole discretion, that any Sweepstakes materials and/or Prize Claim Documents reflect printing or other errors or if it determines, in its sole discretion, that the Sweepstakes, App or AMOE Page is impaired or corrupted or that fraud or technical problems, failures, malfunctions or errors (including, without limitation, computer viruses or other deleterious programs or materials, unauthorized human or mechanical intervention, glitches or printing or production errors) have destroyed or severely undermined the proper operation, integrity and/or feasibility of the Sweepstakes. In the event that Sponsor is prevented from continuing with the Sweepstakes as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made health epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal, state, provincial or local government law, order or regulation, public health crisis, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control, then Sponsor shall have the right to modify, suspend, extend or terminate the Sweepstakes. Only the type and quantity of prizes described in these Official Rules will be awarded. In no event will more prizes be awarded than set forth in these Official Rules. If, due to printing, digital, computer programming, hardware or software, or production errors or for any reason, more Potential Prize Winners come forward seeking to claim prizes in excess of the number of prizes set forth in these Official Rules, the winner of the prize may be selected in a random drawing from among all persons making purportedly valid claims for the prize. Inclusion in such drawing shall be each Participant’s sole and exclusive remedy under such circumstances.
C. Invalidity. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Headings and captions are used in these Official Rules solely for ease of reference and shall not be deemed to affect in any manner the meaning or intent of these Official Rules or any provision hereof. These Official Rules cannot be modified or amended in any way except in writing by the Sponsor.
11. Disputes/Choice Of Law: Except where prohibited, Participants agree that:
(1) any and all disputes, claims and causes of action arising out of or connected with the Sweepstakes (including any and all disputes, claims and causes of action arising out of or connected with the prize, the availability or use or same; or the conduct of the Sweepstakes), shall be resolved individually, without resorting to any form of class action, and exclusively by arbitration pursuant to the Rules of the American Arbitration Association, then effective (provided that, if for any reason AAA declines to administer the arbitration, the dispute may be arbitrated before JAMS, Inc. or another mutually agreed upon arbitration service pursuant to its own rules for expedited consumer arbitration); and
(2) they will waive any right to seek or obtain injunctive or other equitable relief (provided that nothing in these Official Rules will restrict a California resident’s right under applicable law (if any) to seek public injunctive relief otherwise in accordance with the requirements of this provision); and
(3) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering Sweepstakes (if any), but in no event attorneys’ fees; and
(4) under no circumstances will a Participant be permitted to obtain awards for, and Participant hereby waives all rights to claim punitive, incidental, special, exemplary and consequential damages and any other damages, other than for actual out-of-pocket expenses (if any), 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 Participant and/or Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Washington, without regard for conflicts of law doctrine of Washington or any other jurisdiction, and all proceedings shall take place in King County, Washington (except where otherwise required by the applicable arbitration rules).
13. Official Rules: These Official Rules will be available at the (https://epacflexibles.com/12-days-of-epac/sweepstakes-terms/) during the Promotion Period.
15. Sponsor: ePac Holdings, LLC, 4330 Gaines Ranch Loop Ste 230, Austin, TX 78735. All entry data provided online is provided to Sponsor.
© 2022 ePac Holdings, LLC. All other trademarks, service marks, logos, product or service names are the property of their respective owners. All Rights Reserved. By participating, you understand that you are providing your information to the Sponsor.