Official Sweepstakes Terms & Conditions
PLEASE READ THESE TERMS AND CONDITIONS / OFFICIAL RULES CAREFULLY AS THEY CONTAIN TERMS THAT LIMIT OR MAY OTHERWISE AFFECT YOUR LEGAL RIGHTS AGAINST WONDERFOLD WAGON. MORE INFORMATION CAN BE FOUND IN THE SECTION ENTITLED “ARBITRATION; CLASS ACTION WAIVER”.
These #wfhalloween Official Sweepstakes Terms & Conditions are entered into between WonderFold Wagon (WonderFold Wagon) and you (“you” or “your”) in connection with your participation in the #WonderFoldHalloween Sweepstakes (the “Sweepstakes”).
Official Rules: These are the official rules (the “Official Rules”) for the Sweepstakes. By entering the Sweepstakes, you agree to be bound by these Official Rules and all decisions of WonderFold Wagon relating to the Sweepstakes, which shall be final and binding on all entrants. By submitting an entry in the Sweepstakes, you agree that WonderFold Wagon may contact you by email or through Instagram.
Sweepstakes Period: The Sweepstakes will commence at 12:00 p.m. Pacific Daylight Time on September 12, 2023, and end at 11:59 p.m. Pacific Standard Time on November 10, 2023 (the “Sweepstakes Period”). All entries received during the Sweepstakes Period are eligible to win. WonderFold Wagon reserves the right to modify, extend, suspend or terminate the Sweepstakes in its sole discretion with or without cause. WonderFold Wagon’s computer is the official clock for the Sweepstakes. Entries submitted before or after the Sweepstakes Period will not be eligible for consideration in the Sweepstakes.
How to Enter: NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR TO WIN. The Sweepstakes is only open to legal residents of the 50 United States & the District of Columbia (excluding Puerto Rico and all U.S. territories and possessions) who are at least 18 years or older at time of entry and WHO ALREADY OWN A WONDERFOLD WAGON. Void where prohibited.
To enter, entrants must post a picture or video wearing a Halloween costume, and the picture must include the entrant’s WonderFold Wagon decorated in Halloween decor, on Instagram, tag the WonderFold Wagon account (@wonderfold), and use the hashtag #wfhalloween. Entries may not contain, as determined by WonderFold Wagon, in its sole discretion, any content that: is sexually explicit or suggestive, violent, or derogatory of any ethnicity, race, gender, religion, profession, or age group, or that is profane or pornographic; promotes alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing); promotes any activities that may appear unsafe or dangerous, or promotes any particular political agenda or message; is obscene or offensive, or endorses any form of hate or hate group; defames, misrepresents, or contains disparaging remarks about other persons, entities, or any third party; contains copyrighted materials owned by others and/or is used without permission; contains materials identifying any person, including, without limitation, celebrities and/or other public or private figures, living or dead, without permission; and/or violates any law. WonderFold Wagon shall not be liable, and hereby disclaims any and all liability, associated with or relating to any such entries. Instagram is not a sponsor, does not endorse, and is in no way affiliated with the Sweepstakes. WonderFold Wagon is not liable for entries that are lost, late, misdirected, incomplete, garbled, incompletely received, mutilated, or illegible, for any reason. Limits: There is a limit of 1 entry per entrant for the entire Sweepstakes Period.
License Grant: By entering the Sweepstakes, you grant WonderFold Wagon, its agents, licensees, and assigns, an unrestricted, transferable, irrevocable, perpetual, worldwide, royalty-free, non-exclusive right and permission to reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, modify, create derivative works of, exhibit, and or otherwise use your Entry, including any linked video, as-is or as-edited (with or without your name, image and likeness) in any media throughout the world for any purpose, without limitation, and without additional review, compensation, consideration, notice, or approval from or to you. You also agree to be publicly identified as a winner of the Sweepstakes if you are selected as a winner.
Determination of the Winners: WonderFold Wagon will conduct five (5) prize drawings from all eligible entries received during the Sweepstakes Period. Five (5) Provisional Winners will be selected on or about five (5) business days after the last day of the Sweepstakes Period (the “Drawing Date”). The Provisional Winners will each be separately notified by email or direct message on Instagram, and will need to separately respond to confirm their respective eligible entries into the Sweepstakes. If a Provisional Winner does not respond within seven (7) calendar days of the date appearing on the prize notification, or fails to confirm an eligible entry in the Sweepstakes within that time period, or if WonderFold’s Prize Notification is returned as undeliverable, such Provisional Winner will be immediately disqualified and will forfeit the right to receive the Prize. An alternate Provisional Winner may be selected in their place from the pool of remaining eligible entries at WonderFold Wagon’s sole and absolute discretion, who will be subject to the same disqualification and forfeiture conditions. In the event that a Provision Winner is disqualified, the first eligible Provisional Winner in their place that WonderFold Wagon successfully contacts by email or direct message on Instagram and who claims the Prize in accordance with these Official Rules will be declared the final Winner of that Prize. The Winner may waive the right to receive the Prize or otherwise become disqualified from the Sweepstakes for failure to comply with these Official Rules, resulting in the selection of a substitute Provisional Winner from among all remaining eligible entries. The Winner may be required to provide evidence of identity in connection with claiming the Prize. Non-winning entries will not carry forward to or be included in any subsequent sweepstakes or prize drawings of WonderFold Wagon.
The Provisional Winners will be selected by WonderFold, using its sole and absolute discretion, based upon the creativity, effort, and originality of the eligible entry.
Prizes: There will be five (5) Prize Winners, each of whom will be awarded a $300 WonderFold gift card that can be redeemed on www.wonderfold.com. The odds of winning a Prize depend on the number of eligible entries entered during the Sweepstakes Period. The Prizes will be electronically mailed to each Winner, separately, at no cost to the Winner to the address provided by the Winner when the Winner claims their Prize. Expect 7-21 business days for the gift card to be provided. No substitution of prize, including cash substitutions, will be permitted, except that WonderFold Wagon has the right in its sole discretion to substitute a prize of greater or equal value if the stated prize is not available. Prizes are not transferable. Prizes are awarded “as is” with no guarantee. All warranties, whether express or implied, including the warranties of merchantability and fitness for a particular purpose, are hereby disclaimed by WonderFold Wagon. Any prize details not specified above will be determined by Wonderfold Wagon in its sole discretion. Any costs and expenses associated with prize acceptance and use are each winner’s sole responsibility.
Taxes: Income and other taxes, if any, on the value of a prize is the sole responsibility of each Winner. If required by law, WonderFold Wagon will issue a Form 1099 to each Winner for the approximate retail value of the prize. The Winner is solely responsible for all taxes (federal, state and local of all applicable jurisdictions) and all expenses not listed herein related to acceptance and use of the prize. WonderFold Wagon shall not be liable in any way for, and does not make any representations regarding, the tax treatment of any prize.
Permissions/Release: By entering, you agree that WonderFold Wagon will not be liable for losses or injuries of any kind resulting from acceptance, possession, use, or misuse of prize(s); travel to and from any prize-related activity; participation in the Sweepstakes; printing, mailing or distribution errors; or any malfunctions of the telephone network, computer Internet system, computer dating mechanism, computer equipment, software, or any combination thereof; or for any entries that are late (including delayed data transmissions), tampered with, garbled, incomplete, misdirected, lost, postage-due, forged, illegible, inaudible, mutilated, mechanically duplicated, mass machine printed, or otherwise not in compliance with these Official Rules. WonderFold Wagon does not assume any responsibility for any disruption, including but not limited to the failure or interruption of Twitter, Instagram, or any Internet service provider. WonderFold Wagon is not responsible or liable for any injury or damage to any participant’s or third person’s devices and/or their contents, relating to or resulting from entering or participating in this Sweepstakes. In the event there is a discrepancy or inconsistency between disclosures and other statements contained in any promotion materials and the terms and conditions of these Official Rules, these Official Rules shall prevail, govern, and control. In no event will more prizes be awarded than those listed.
By entering the Sweepstakes, you agree, on behalf of your heirs, assigns, personal representatives, next of kin, and yourself, to the fullest extent permitted by law, agree to and hereby forever release, discharge, acquit, indemnify, and hold harmless WonderFold Wagon and its successors, assigns, executors, administrators, legal representatives, partners, employees, servants, officers, directors, contractors, agents, representatives, subsidiaries, affiliates, parent corporations, agencies, suppliers, vendors, any and all persons or entities under their respective control or in privity with them, and any company involved in the design, production, execution, or fulfillment of the Sweepstakes (collectively, the “Released Parties”) from and against any and all damages, liability, costs, expenses, attorneys’ fees, claims, demands, suits, actions, and causes of action of whatever kind, nature, or description, whether legal or equitable, and all consequences thereof, including any losses, costs, or damages (including, but not limited to, punitive, incidental, and consequential damages), known or unknown, liquidated or unliquidated, fixed or contingent, that you may have now and/or in the future, no matter how caused, arising out of or relating to in any way the Sweepstakes including, but not limited to, any transactions, dealings, conduct, contracts, agreements, actions, failures to act, conversations, facts, circumstances, representations, statements or any other matter or thing whatsoever having occurred, at any time, arising out of or relating to the Sweepstakes in any way including, but not limited to, preparation for and/or participation in the Sweepstakes, or the acceptance, use, or misuse of any prize, including, but not limited to, any resultant liability or damage for personal injury, other negative reaction, damage or loss associated with the Sweepstakes, or any breach or alleged breach by you of any affirmation, undertaking, or obligation set forth in these Official Rules. All potential winners are subject to verification by WonderFold Wagon, whose decisions are final and binding in all matters related to the Sweepstakes. An entrant is not a winner of any prize, even if the Sweepstakes should so indicate, unless and until entrant’s eligibility and the potential winning Entry has been verified and entrant has been notified that verification is complete. WonderFold Wagon will not accept alternative evidence of winning in lieu of its validation process. You further agree that, in the event that you bring a claim, action, or lawsuit in violation of these Official Rules, you will be liable for any and all attorneys’ fees and costs incurred by the Released Parties in connection therewith.
By entering the Sweepstakes, you expressly waive, the provisions, rights, and benefits conferred by or under California Civil Code section 1542, or any other law of the United States or any state or territory of the United States, or principle of common law, which is similar, comparable, or equivalent to section 1542, which states:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH 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.
You acknowledge that you may hereafter discover claims presently unknown or unsuspected, or facts in addition to or different from those which you now know or believe to be true. Nevertheless, you acknowledge and agree that the releases given by entering the Sweepstakes shall remain full and complete, notwithstanding any later discovery or existence of any such additional or different claims or facts. It is your express intent to once and forever release and waive all possible claims that you may have or may have against each and every of the Released Parties relating to the matters being released regardless of the factual or legal basis of those claims and regardless of whether they are presently known or unknown.
You accept and agree to participate in the Sweepstakes at your own risk and take sole and absolute responsibility for any injuries, or negative reactions arising out of, incurred in connection with, or relating to your participation in the Sweepstakes including, without limitation, and WILL NOT HOLD ANY OF THE RELEASED PARTIES, COLLECTIVELY OR INDIVIDUALLY, RESPONSIBLE THEREFOR.
General Conditions: In the event that the operation, security, or administration of the Sweepstakes is impaired in any way, WonderFold Wagon may, in its sole discretion, either: (a) suspend the Sweepstakes to address the impairment and then resume the Sweepstakes in a manner that best conforms to the letter and spirit of these Official Rules; or (b) award the prize(s) from among the eligible entries received up to the time of the impairment. WonderFold Wagon reserves the right, in its sole discretion, to disqualify any individual who tampers with the operation of the Sweepstakes, violates these Official Rules, or otherwise acts in an unsportsmanlike or disruptive manner. WonderFold Wagon reserves the right to seek damages from any person who seeks to undermine the legitimate operation of the Sweepstakes. Failure by WonderFold Wagon to enforce any term of these Official Rules shall not constitute a waiver of that provision, or any other provision of these Official Rules. The Sweepstakes is subject to federal, state, and local laws and regulations and is void where prohibited.
Limitation of Liability: IN NO EVENT WILL WONDERFOLD WAGON BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR SIMILAR DAMAGES OR LIABILITIES WHATSOEVER, WHETHER UNDER CONTRACT, TORT, NEGLIGENCE, STATUTE, STRICT LIABILITY OR OTHER THEORY EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY, THE PARTIES AGREE THAT IN NO EVENT SHALL WONDERFOLD WAGON’S LIABILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT DAMAGES OR LIABILITIES EXCEED IN THE AGGREGATE THE AMOUNT OF FIFTY U.S. DOLLARS (USD $50.00).
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE OFFICIAL RULES, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES OR OTHER DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IF YOU ARE LOCATED IN SUCH A JURISDICTION.
ARBITRATION; CLASS ACTION WAIVER: Please read the following arbitration agreement in this section (“Arbitration Agreement”) carefully as it requires you to arbitrate disputes with WonderFold Wagon and limits the manner in which you can seek relief from us.
You agree that any dispute or claim relating in any way to the Sweepstakes, will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify; and (2) you or WonderFold Wagon may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents).
The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration with a description of your claim to our representative at email@example.com. The arbitration shall be conducted by JAMS, an established alternative dispute resolution provider. If JAMS is not available to arbitrate, the Parties shall select an alternative arbitral forum. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
YOU AND WONDERFOLD WAGON HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, EXCEPT WITH RESPECT TO CLAIMS ASSERTED IN SMALL CLAIMS COURT, OR IF YOU OPT OUT OF ARBITRATION AS PROVIDED BELOW.
ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A COLLECTIVE CLASS BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE.
You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out within thirty (30) days after first becoming subject to this Arbitration Agreement to firstname.lastname@example.org. If you opt out of this Arbitration Agreement, all other parts of the Official Rules will continue to apply to you.
Governing Law: You agree that these Official Rules and all subject matters in connection with the Sweepstakes, except for the Arbitration Agreement above, are governed by, and construed in accordance with, the laws of the State of California, without giving effect to any of its conflict of laws principles.
Winner List: For the names of the winners, send an email to email@example.com no later than 11/30/2023.
Sponsor: The Sweepstakes is sponsored by WonderFold Wagon, 5796 Martin Road, Irwindale, CA. 91706.
Miscellaneous: You agree that if any portion of these Official Rules or arbitration agreement is invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder will continue in full force and effect.