Official Rules of the Flash Giveaway
No purchase necessary to enter or win. A purchase will not increase your chances of winning. This Sweepstakes is void where prohibited and is intended for participation in the United States only. All federal, state, local, and municipal laws and regulations apply. The odds of winning depend on the number of entries received.
SPONSOR: This sweepstakes is sponsored by Tacony Corporation at 1760 Gilsinn Lane, Fenton, Missouri 63026 (the “Sponsor”).
PRIZE (COLLECTIVELY, THE “PRIZE”): (2) PRIZE WINNERS WILL RECEIVE ONE (1) Flash Handheld Vacuum. Prize worth is $44.99.
All costs and expenses associated with the Prize acceptance and use not specified herein as being provided and other expenses incurred by accepting the Prize are the sole responsibility of each winner. The reporting and payment of all tax liabilities incurred by any winner because of the Sweepstakes, including but not limited to federal, state, and local income taxes, is the sole responsibility of each winner. All federal, state, and local laws and regulations apply. The winner may be required to provide his/her Social Security Number for tax reporting purposes. The winner may also be required to complete applicable tax documents and return them to Sponsor. The Prize is awarded as is and without warranty of any kind, expressed or implied, including, without limitation, any implied warranty of merchantability or fitness for a particular purpose. The winner may waive his/her right to receive the Prize. No substitution of the Prize will be permitted, except by Sponsor, which may substitute a prize of equal or greater value if the advertised Prize becomes unavailable. The Prize is non-assignable and non-transferable and may not be redeemed for cash. Odds of winning will be dependent upon the number of entries received. The odds of winning will be the same, whether the entry was received online or via regular mail. Total approximate retail value of all Prizes awarded for prizes is $44.99.
SWEEPSTAKES PERIOD: The Sweepstakes entry period starts on August 1st, 2022 and ends on October 31st, 2022 at 11:40 PM CT (the "Sweepstakes Period”).
TO ENTER: Participants may enter the Sweepstakes online by signing up for email communications from Simplicityvac.com. One entry via the website or marketing emails will count as one entry into the Sweepstakes.
An individual may enter the Sweepstakes once. If multiple submissions are submitted by the same individual, only the first entry received by Sponsor (as determined by the Sponsor) will be entered into the Sweepstakes. Multiple entries from the individual will be disqualified. Automated entries are prohibited, and any use of automated devices will result in disqualification. All entries will be deemed to have been submitted by the holder of the email account with which the submission was associated. For these purposes, an email account holder shall mean the primary person who is assigned to such email account by the Internet service provider, online service provider, or other organization responsible for assigning email addresses for the domain associated with such email account. All entries become the sole and exclusive property of Sponsor and will not be returned. Receipt of entries may not be acknowledged, and proof of submission will not be deemed to be proof of receipt by Sponsor. Sponsor is not responsible for, and shall not be liable for late, lost, misdirected, unsuccessful, damaged, postage-due, stolen, or illegible entries for any reason. Entries that are mutilated tampered with, illegible, invalid, or incomplete are not eligible and will not be accepted. Sponsor reserves the right in its sole discretion to reject any entry for failure to fully comply with these Official Rules.
DRAWING: The potential winner will be selected on November 1, 2022, in a random drawing among all eligible entries submitted properly during the Sweepstakes Period. After November 1, 2022, the potential winner will be notified via the email address provided in the entry. The potential winner has 5 days from the date of notification to respond. If the Prize notification is returned as undeliverable, if the Sponsor does not receive a response from the potential winner within 5 days of the Prize notification attempt, if the potential winner rejects the Prize, or in the event of non-compliance with any of these Official Rules, the potential winner’s interests in the Prize may be forfeited and awarded to an alternate winner from among the remaining eligible entries. Once the potential winner has responded, he/she may need to sign and complete the required prize claim documents, which include a declaration of eligibility, liability release, hold harmless agreement, any forms that may be required by tax authorities, and, where legal, publicity release (collectively, the “Prize Claim Documents”) allowing Sponsor to use the winner’s name, hometown, and likeness for promotional purposes. The deadline for a potential winner to complete and return prize claim documents to sponsor is 5 days after the date on the notification. Failure to timely comply with this requirement results in the potential winner forfeiting the Prize and another potential winner being selected. The winner may be contacted by Sponsor’s public relations department for a short interview to be used for subsequent promotional purposes. Sponsor is not responsible for any inability or difficulty experienced by an individual in attempting to enter the Sweepstakes. Nor is Sponsor liable to any party for any malfunction or service interruption with the Sweepstakes site, regardless of whether the outcome of the Sweepstakes may be affected by that malfunction or service interruption. Sponsor is not responsible for any failure by a potential winner to receive notification that his or her entry has been drawn and/or that he or she is a winner, including, but not limited to, any attempt to notify an entrant that is not received due to an erroneous, fraudulent, invalid or bogus email address or is intercepted by SPAM or other filters, is misdirected or not received for any other reason. Please note that it may take 6-8 weeks to deliver the Prize. The potential winner is subject to verification by sponsor, whose decision is final and binding in all matters related to the sweepstakes. A participant is not a winner of the prize, even if the sweepstakes so indicates, unless and until the participant’s eligibility has been verified. Sponsor will not accept evidence of winning in lieu of its validation process.
ELIGIBILITY: Only individuals who at the time of entry are (1) legal U.S. residents (except residents of Puerto Rico and other U.S. territories); (2) at least18 years of age; and (3) completed the entry form are eligible to participate or win. Sponsor does not warrant that this Sweepstakes is valid in any particular jurisdiction. Participants of jurisdictions where this Sweepstakes is prohibited are ineligible to participate. Employees of Sponsor and Simplicity® retailers and their respective affiliates, subsidiaries, parents, advertising and marketing promotion agencies, and their immediate family members (defined as a person’s spouse, parents, children, grandparents, and/or siblings, regardless of where they live), and/or persons living in the same households of such employees, whether related, are not eligible to enter or win. Only participants who comply with all terms and conditions of these official rules will be eligible to win.
LIMITATION OF LIABILITY: By entering the Sweepstakes, all participants agree to these Official Rules and all eligibility requirements and all decisions of Sponsor. By entering the sweepstakes and/or accepting the Prize, each participant agrees that the Sponsor, affiliates of Sponsor, AND ALL OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS (COLLECTIVELY, ITS “REPRESENTATIVES”), WILL HAVE NO LIABILITY WHATSOEVER TO THE PARTICIPANT FOR, AND WILL BE HELD HARMLESS BY THE PARTICIPANT FOR, ANY LIABILITY, CLAIMS, INJURY, LOSS, OR DAMAGE OF ANY KIND, DUE IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, INCLUDING WITHOUT LIMITATION, CLAIMS ARISING OUT OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE, CLAIMS ARISING OUT OF THE PARTICIPANT’S PARTICIPATION IN THIS SWEEPSTAKES OR THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF THE PRIZE, CLAIMS BASED ON INTELLECTUAL PROPERTY RIGHTS, PUBLICITY RIGHTS, PRIVACY, OR DEFAMATION, OR CLAIMS BASED ON THE NEGLIGENCE OF SPONSOR. SPONSOR IS NOT RESPONSIBLE IF SWEEPSTAKES CANNOT TAKE PLACE OR IF ANY PRIZE CANNOT BE AWARDED DUE TO ACTS OF WAR, NATURAL DISASTERS, WEATHER OR ACTS OF TERRORISM, OR ANY OTHER ACTS OR EVENTS BEYOND ITS CONTROL. PARTICIPANTS FURTHER AGREE THAT SPONSOR IS NOT RESPONSIBLE FOR: 1) ANY INCORRECT OR INACCURATE INFORMATION, WHETHER CAUSED BY PARTICIPANTS, PRINTING ERRORS, OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE SWEEPSTAKES; 2) TECHNICAL MALFUNCTIONS OR FAILURES OF ANY KIND, INCLUDING WITHOUT LIMITATION, MALFUNCTIONS, INTERRUPTIONS, TRAFFIC CONGESTION, OR DISCONNECTIONS IN THE TELEPHONE NETWORK, COMPUTER ONLINE SYSTEM, COMPUTER DATING MECHANISM, COMPUTER EQUIPMENT, SOFTWARE, SERVERS, PROVIDERS, OR ANY COMBINATION THEREOF; 3) UNAUTHORIZED HUMAN INTERVENTION IN ANY PART OF THE SWEEPSTAKES, INCLUDING THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ENTRIES; 4) TECHNICAL OR HUMAN ERROR WHICH MAY OCCUR IN THE ADMINISTRATION OF THE SWEEPSTAKES OR THE PROCESSING OF THE ENTRIES; OR 5) ANY INJURY, DAMAGE, OR LOSS TO PERSONS OR PROPERTY WHICH MAY BE CAUSED, DIRECTLY OR INDIRECTLY, IN WHOLE OR IN PART, FROM PARTICIPANT’S PARTICIPATION IN THE SWEEPSTAKES, OR RECEIPT, POSSESSION, ACCEPTANCE, AND/OR USE OR MISUSE OF ANY PRIZE.
DISCLAIMER: If for any reason the Sweepstakes is not capable of running as planned, including due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failure, human error or any other causes beyond the control of the Sponsor that corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Sweepstakes, Sponsor reserves the right, in its sole discretion, to disqualify any individual (and all of his or her entries) who tampers with or abuses any aspect of the Sweepstakes, and/or to cancel, terminate, modify or suspend the Sweepstakes, or any portion thereof. In the event of early termination or cancellation of the Sweepstakes, Sponsor may, in its sole discretion, choose not to award the Prize, or to award such Prize to individuals selected at random from the pool of eligible entrants received up to the point of termination or cancellation. CAUTION: ANY ATTEMPT BY A PARTICIPANT 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.
RELEASE: By participating in this Sweepstakes, the participant acknowledges that the details of his/her entry may be used in Sponsor’s advertising and marketing materials, in Sponsor’s sole discretion. Specifically, by entering the Sweepstakes, the participant agrees that the Sponsor and its Representatives, and those acting under the authority of the Sponsor or its Representatives may use (or refrain from using) information from the participant’s entry for any and all advertising and promotional purposes in any and all media now known or hereafter invented (including but not limited to digital and print media) without territorial or time limitations and without further consideration, at the sole discretion of the Sponsor, unless prohibited by law, in conjunction with this Sweepstakes and similar promotions without notice to the participant. Further, submission of an entry grants the Sponsor and its Representatives the exclusive right to use, edit, illustrate, abridge, modify, and publish the entry, including any comments or photographs, in any way for any and all purposes in any and all media whether now known or hereafter invented (including but not limited to print and digital media) without territorial or time limitations and without further consideration, at the sole discretion of the Sponsor. The participant will have no right of approval, no claim to any compensation, or no claim arising out of the use, alteration, distortion, or illusionary effect or use in any composite form of the participant’s entry. By submitting an entry, the participant agrees that the submission is gratuitous and made without restriction and will not place the Sponsor under any obligation. Sponsor is free to disclose the ideas contained in the entry on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to the participant. Participant acknowledges that by acceptance of his/her entry, Sponsor does not waive any rights to use similar or related ideas previously known to Sponsor, or developed by its employees, or obtained from sources other than the participant. Finally, by accepting the Prize, the winner agrees that the Sponsor and its Representatives may use (or refrain from using) the winner’s name, biographical, pictures, video, or any other digital representation thereof, whether now in existence or created in the future (e.g., photographs taken at the event) for any and all advertising and promotional purposes in any and all media now known or hereafter invented without further consideration, at the sole discretion of the Sponsor, unless prohibited by law, without notice to the winner.
GENERAL: Entries posted by Sponsor are the views and opinions of the individual participant, and do not reflect the views of the Sponsor in any manner. Any waiver of any obligation hereunder by Sponsor does not constitute a general waiver of any obligation to participants. Participant warrants and represents that his/her entry does not infringe upon the copyrights, trademark rights, rights of privacy, publicity, or other intellectual property, or other rights of any person or entity, and that any publication of the entry via various media outlets, including Internet posting, will not infringe on the rights of any third party. Each participant or winner further agrees to indemnify and hold Sponsor and its Representatives harmless from any claims arising from Sponsor’s use of the participant’s or winner’s entry.
COLLECTION OF INFORMATION: Participants agree that personal data, for example, name and address, may be processed, including metadata (i.e. geolocation information associated with the Entry), shared, publicly disclosed, and otherwise used in furtherance of and for purposes within the context of the Sweepstakes and any other purposes outlined in these Official Rules. For example, it may be used by Sponsor to verify the participant’s identity, email address, postal address, and telephone number or to otherwise verify the participant’s eligibility to participate in the Sweepstakes. Sponsor will not sell or rent the participant’s data to third parties, but Sponsor cannot control, and assumes no obligation or responsibility for, others’ appropriation or use of any data Sponsor may disclose in connection with this Sweepstakes. Participation in this Sweepstakes is not conditioned upon the provision of any personal information to Sponsor by any person under the age of thirteen (13) years. If you are under the age of thirteen (13), do not provide Sponsor with any personal information about yourself, including your first or last name, address, phone number, email address, picture, or similar information. Sponsor does not seek to collect, and will not knowingly accept, personal information from persons under the age of thirteen (13) years.
RIGHT OF NON-PARTICIPATION: Pursuant to federal law, any participant has the right to notify the Sponsor that he/she does not wish to be contacted by the Sponsor regarding any future sweepstakes, contests, or mailings and that Sponsor may not use any information provided to it by such participant for any purposes other than as needed for this Sweepstakes. Additionally, any participant has the right to opt out of the Sweepstakes at any time by providing such notice to Sponsor.
GOVERNING LAW AND JURISDICTION: Except where prohibited, all participants agree that: 1) any and all disputes, claims, and causes of action arising out of or in connection with the Sweepstakes or any Prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by a state or federal court having venue in Saint Louis County, Missouri; 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, if any; and 3) under no circumstances will participant be permitted to obtain awards for, and each participant 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 participant and the Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Missouri, without giving effect to any choice of law or conflict of law rules (whether of the State of Missouri or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Missouri.
OFFICIAL RULES AND WINNER: These Official Rules and the name of the winners may be obtained by sending a request to Sponsor at 1760 Gilsinn Lane, Fenton, MO 63066, attn: Simplicity Vacuums Sweepstakes, on or before November 1, 2022.
THIRD PARTIES: This Sweepstakes is in no way sponsored, endorsed, affiliated with, or administered by any third party social media outlet.