Giveaway Terms & Conditions
(UPDATED: April 8, 2024)
NO PURCHASE IS NECESSARY TO ENTER OR WIN. MUST BE 18 YEARS OF AGE OR OLDER. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. ALL FEDERAL, STATE, LOCAL, AND MUNICIPAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED.
Sponsor (the “Sponsor”): The Contest Promotion (the “Promotion”) is administered and sponsored by POET, LLC [4615 North Lewis Ave, Sioux Falls, SD 57104] (“Sponsor” or “POET”). POET agrees to draft the rules and administer the promotion, and is compliant with all local laws.
Promotion Period: The Promotion begins on August 17, 2023 at 10AM Central Time (“CST”) and ends at 10AM CT on August 25, 2023 (the “Promotion Period”). Sponsor’s computer is the official time-keeping device for this Promotion.
No Cost: The Promotion is free to play and enter. No purchase, OR entry fee necessary to enter or win. If you participate in the Promotion via a mobile device, message and data rates may apply in accordance with your mobile device plan terms and conditions.
Eligibility: Promotion is open to (i) all legal residents of the United States and District of Columbia (ii) who are eighteen (18) years or older and have reached the age of majority in their jurisdiction of residence at the time they enter the Promotion (an “Entrant,” or collectively, “Entrants”). Sponsor, in its sole discretion, shall determine the eligibility of Entrants, the time of entry, and whether entries qualify.
How to Enter: During the Promotion Period, Entrants may enter the Promotion as follows: Log on to your Facebook account and go to our page (https://www.facebook.com/POETbiofuels/). Find our post promoting “POET’s Earth Day Giveaway” to read the full instructions. Like POET’s Facebook page, like the photo, and tag a teacher, parent, or student who’s getting ready for the upcoming school year with in the comments to be entered to each win the prize package.
Winner Notification: There will be one winner who will receive (1) one POET hat, (1) one insulated water bottle, (1) one POET kookie, and (1) one POET organizer tote.
Odds: Odds of winning depend on final amount of eligible entries.
Grand Prize: (1) one POET hat, (1) one insulated water bottle, (1) one POET kookie, and (1) one POET organizer tote.
PRIZE CONDITIONS: Prizes are not transferable or refundable and must be accepted as awarded. No cash or other substitution may be made, except by Sponsor, who reserves the right to substitute a prize with another prize of equal or greater value if the stated prize is not available for any reason as determined by Sponsor in its sole discretion. Winner is responsible for any applicable fees, surcharges, service charges associated with receipt or use of a prize. Winner is fully responsible for all applicable taxes (including income and withholding taxes). For prizes with a value of $600 or more, Sponsor will issue winner an IRS Form 1099-MISC.
By accepting the Prize, Winner agrees to release POET, affiliates, franchises and the Released Parties from any and all liability whatsoever for any injuries, illnesses, death, losses, costs, or damages of any kind caused by entering the Promotion or for damages of any kind caused by any prize or resulting from acceptance, possession, or use/misuse of prize awarded. No substitution or transfer of Prize or election of cash in lieu of Prize will be permitted. The Sponsor reserves the right at its sole discretion to substitute Prize with that of another of equal or greater value in the event that the Prize (or any component thereof) is not available.
Each Entrant gives Sponsor permission to collect and use his or her name, likeness, email, address and biographical information without further information where permitted by law. Winner will be required to sign an affidavit of eligibility, liability release and a publicity release within one (1) day of issuance. Prize winner must respond to sponsor’s message and accept prize (along with provided all necessary information) within 24 hours, or another winner will be selected. By accepting Prize, Winner allows Sponsor to use his or her name, photograph, prize information, and biographical information for publicity and promotional purposes without further compensation where permitted by law.
Terms & Conditions: This Promotion is subject to all applicable federal, state, and local laws. By entering the Promotion, Entrants agree to release, discharge, indemnify and hold harmless POET, affiliates, and each of their respective directors, officers, employees, shareholders and agents from any and all liability, loss, damage or injuries to any person (including death) or property of any kind sustained in connection with their participation in the Promotion, resulting from travel, from their acceptance, receipt, possession and/or use or misuse of the Prize, or for any typographical or other error in the printing, offering or announcement of the Prize. Entrant acknowledges that the Promotion is in no way sponsored, endorsed, administered by or associated with any hosting 3rd party sites, ad platforms, ad networks, Google, Facebook, Twitter, Instagram, or parent companies of the Sponsor or Prize Partners.
Use of Data: Sponsor will collect public data (submitted Hashtags, Text, & Photos) available to them via posts. By participating in the Promotion and providing this information, entrants hereby agree to Sponsor’s collection and usage of this public information and acknowledge that they have read and accepted Sponsor’s terms & conditions.
Internet Limitations of Liability: Sponsor reserves the right at its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Promotion in whole or in part, at any time, without notice. Sponsor reserves the right to award Prize using all non-suspect eligible entries received as of, or after (if applicable) this cancellation, termination, modification or suspension date, or in any manner that is fair and equitable. Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. Sponsor is not responsible for any problems or technical malfunction of any telephone network or telephone lines, computer on-line systems, servers, or providers, computer equipment, software, failure of any e-mail or entry to be received by Sponsor on account of technical problems, human error or traffic congestion on the Internet or at any website, or any combination thereof, including any injury or damage to participant’s or any other person’s computer relating to or resulting from participation in this Promotion or the downloading of any materials in this Promotion.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON (S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
Choice of Law; Venue: This Promotion and the rights and obligations of Sponsor and participants will be governed by and controlled by the laws of the State of South Dakota, applicable to contracts made and performed therein without reference to the applicable choice of law provisions. Any and all disputes, claims, and causes of action arising out of or connected with the Promotion, or any benefits received, or the administration of the Promotion not resolved through internal adjudication shall be resolved individually, without resort to any form of class action, and exclusively by arbitration, to take place in the State of California pursuant to the Rules of the American Arbitration Association, then effective, (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in the Promotion and in no event shall Entrant by entitled to receive attorneys’ fees or other legal costs; and (3) under no circumstances will a participant be permitted to obtain awards for and participants hereby waive all right to claim 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.
Winner’s List Requests: Upon winning, winners will be requested to send a direct message to POET via social media. The winner will then be sent a form of acceptance to fill out, sign, and return to POET.
No Affiliation With Third Parties: This Promotion is sponsored and administered exclusively by Sponsor and is in no way sponsored, endorsed, administered by or associated with any hosting 3rd party sites, ad platforms, ad networks, Google, or parent companies of the Sponsor or Prize Partners.
Disqualification or Point Reductions: A participant may have their entry considered invalid if they violate any of the stated rules or don’t include all of the requirements for entry.
