NO PURCHASE NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED.

 

To enter the “Best Friends” sweepstakes (the “Promotion”), you must be a U.S. resident 21 years old or older as of date of entry.  Subject to additional eligibility requirements as described below. This Promotion is sponsored by S49 Ventures LLC (“Sponsor” or “Houseplant”), operator of the Houseplant.com website (the “Website”) and is governed by these rules (the “Official Rules”).  THIS PROMOTION IS NOT SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH INSTAGRAM. 

 

1. How to Enter. The Promotion begins at 12:00 p.m. Pacific Time (“PT”) on September 8, 2023 and ends at 11:59 p.m. PT on September 14, 2023 (the “Promotion Period”). To enter the Promotion and be eligible to win: 

• Comment on the contest post and tag your best friend in the Houseplant Instagram post referencing this contest];
• You and your friend must both be 21 years of age or older as of the date of entry;
• You and your friend must have valid Instagram accounts and be following Houseplant’s Instagram Handle (@houseplant)

Alternatively, you may enter the Promotion by emailing Sponsor directly at hello@houseplant.com during the Promotion Period.  Your email must include the words “BEST FRIENDS GIVEAWAY” in the Subject heading of the email.  Only one entry is permitted per email address.  No automated entry devices or programs permitted. The receipt of entries will not be acknowledged or returned.

Sponsor is not responsible for late, incomplete, invalid, unintelligible, misdirected, technically corrupted or garbled entries, which will be disqualified, or for problems of any kind whether mechanical, human or electronic. Only fully completed entries and entry forms are eligible. Proof of submission will not be deemed to be proof of receipt by Sponsor. No purchase is necessary to enter or win the Promotion.

 By participating the Promotion, you grant Sponsor the right to use your name, address (city and state), likeness, photograph, voice, biographical information, and any statements made by you regarding the Promotion or Sponsor, including for advertising and promotional purposes, without notice or additional compensation, except where prohibited by law.

2. Promotion Guidelines: Sponsor’s decisions are final and binding in all matters relating to this Promotion, including, but not limited to, interpretation and application of these Official Rules. By entering the Promotion, you fully and unconditionally agree to be bound by the Official Rules and the decisions of Sponsor, which will be final and binding in all matters relating to the Promotion.

In case of dispute as to the identity of any entrant, the entry will be deemed made by the authorized account holder of the email address submitted at time of entry. Any potential winner may be requested to provide Sponsor with proof that such winner is the authorized account holder of the email address associated with the winning entry. 

Any form of entry other than as set forth in these Official Rules is prohibited.  You may not use automatic, programmed, robotic, or similar means of entry.

 Sponsor may reject any entry for any reason at any time. Sponsor’s decisions are final and binding in all matters relating to this Promotion, including, but not limited to, interpretation and application of these Official Rules. By entering the Promotion, you fully and unconditionally agree to be bound by these Official Rules and the decisions of the Sponsor, which will be final and binding in all matters relating to the Promotion.

Persons found tampering with or abusing any aspect of the Promotion, or who Sponsor believes to be causing malfunction, error, disruption, or damage may be disqualified. Additionally, any attempt to cheat the Promotion, as determined in the sole and absolute discretion of Sponsor, may result in immediate disqualification of the entrant, as well as other possible consequences, including disqualification from any and all existing and future sweepstakes. ANY ATTEMPT BY A PERSON TO UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SPONSOR RESERVES THE RIGHT TO SEEK ALL LEGAL AND EQUITABLE REMEDIES FROM AND AGAINST ANY PERSON SO ATTEMPTING TO THE FULLEST EXTENT PERMITTED BY LAW.

 3. Eligibility.  This Promotion is void where prohibited, taxed, or restricted by law.  Participants must be residents of the United States.  Participants must be 21 years of age or older as of date of entry.

 4.  Selection of Winners.  Five sets of best friends or 10 individual prize winners (collectively, the “Prize Winners”) will be selected in a random drawing from among all eligible Entries received during the Promotion Period, as provided in Section 1 of these Official Rules. Prize Winners will be contacted by email on or about three (3) business days following the drawing. Sponsor’s decisions with respect to Prize Winners, these Official Rules, and all other matters pertaining to the Promotion shall be final and binding.  

Winners will be announced on the Website.

5. Prizes. Prize Winners will each receive the following prize:

• 1 Vinyl Box Set Volume 1, 1 Vinyl Box Set Volume 2, and 1 Vinyl Box Set Volume 3 valued at U.S. $285.00.

 Prizes are non-transferable.  Winners have no right to substitutions or cash redemptions. Sponsor reserves the right to substitute a prize of equal or greater value. All expenses not specifically listed herein are the responsibility of winners.

Winners are responsible for all federal, national, state and local taxes.  Winners acknowledge that Sponsor may withhold from payment of any cash prize any taxes that may be required to be withheld under applicable law.

6. Releases.  By entering, you agree to release and hold harmless Sponsor and any other social media site hosting or promoting the Promotion, and their respective advertising and promotion agencies and their respective affiliates, partners, representatives, agents, successors, assigns, employees, officers and directors (collectively, “Released Entities”), from and against any and all liability, for loss, harm, damage, injury, cost or expense whatsoever, including, without limitation, property damage, personal injury and death, which may occur in connection with, preparation for, or participation in the Promotion, or possession, acceptance or use or misuse of any prize or participation in any Promotion-related activity, and for any claims based on publicity rights, defamation or invasion of privacy and merchandise delivery. 

Sponsor is not responsible if Promotion cannot take place or if any prize cannot be awarded due to due to acts of God, acts of war, natural disasters, pandemics, weather or acts of terrorism or other reasons beyond the reasonable control of Sponsor.

7.  Notification. The potential winners will be notified via email and announced on the Website on or after September 18, 2023. The potential winners may be required to sign and return, where legal, an additional release affirming their compliance with the Official Rules and confirming the rights and releases granted under these Official Rules. If any potential winner cannot be contacted within five days of prize notification, if any prize or prize notification is returned as undeliverable, if any potential winner rejects his/her prize or in the event of noncompliance with these Official Rules, such prize will be forfeited and an alternate winner will be selected from all remaining eligible entries.  In the event of any forfeiture, no compensation will be given.

8. Limitation of Liability. IN NO EVENT WILL THE RELEASED ENTITIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR PARTICIPATION IN THE PROMOTION. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.  IN NO EVENT WILL SPONSOR’S LIABILITY EXCEED THE VALUE OF THE TOP PRIZE THAT IS THE SUBJECT OF THE PROMOTION.

9.  Disclaimer of Warranties. THIS PROMOTION AND ALL PRIZES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

10.  Exclusions and Limitations.  Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent Sponsor may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Sponsor’s liability shall be the minimum permitted under such applicable law.

 11. Disputes; Governing Law. These Official Rules and any dispute arising from or relating to the Promotion, shall be governed exclusively by, and construed in accordance with the laws of the United States and the State of California, without reference to any conflict of laws principles. Any controversy, claim, or dispute arising out of or related to these Official Rules (or the interpretation, performance, or breach of them) or the Promotion (a “Dispute”) shall be solely and exclusively resolved according to the procedures set forth in this paragraph.  If a Dispute that cannot be resolved through informal means, either party may initiate binding arbitration of such Dispute. The arbitration shall be initiated and conducted according to the JAMS/Endispute Comprehensive Arbitration Rules and Procedures in effect as of the date hereof, including the Optional Appeal Procedure provided for in such rules (the “Arbitration Rules”). The arbitration shall be conducted in Los Angeles County, California before a single neutral arbitrator appointed in accordance with the Arbitration Rules. The arbitrator’s decision shall be controlled by these Terms and any of the other agreements the parties. No Disputes may be arbitrated on a class or representative basis. Arbitration can decide only the individual Dispute and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. BY ENTERING INTO THESE TERMS, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTED WITH THESE TERMS MUST BE ASSERTED INDIVIDUALLY. The arbitrator shall not have the power to award punitive damages against any party. 

12. Use of Data. Sponsor will be collecting personal data about entrants online, in accordance with its privacy policy. Please review the Sponsor’s privacy policy at https://www.houseplant.com/pages/privacy-policy. By participating in the Promotion, entrants hereby agree to Sponsor’s collection and usage of their personal information and acknowledge that they have read and accepted Sponsor’s privacy policy.

13.  Relation to Houseplant Terms.  By using Sponsor’s websites, applications, or services, you are also subject to the Houseplant Terms of Service located at https://www.houseplant.com/pages/terms-of-services (the “Houseplant Terms”). In the event of any conflict between these Official Rules and the Houseplant Terms, these Official Rules will control with respect to the Promotion.  

14. List of Winners. To obtain a list of winners, send a self-addressed, stamped envelope by October 18, 2023 to:

S49 Ventures LLC 

4200 Chino Hills Parkway Suite 135-381

Chino Hills, CA 91709

15.  The Promotion is sponsored by S49 Ventures LLC, 4200 Chino Hills Parkway Suite 135-381,

Chino Hills, CA 91709.

.