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Rules

GENERAL PROMO CODE TERMS

Valid in U.S. on tikibrand.com only. Discount reflected at checkout. Offer applies only to one online transaction. Promo codes are valid for the dates and items published and may not be used with or combined with any other promo code, subscription discount, sale, promotion, discount, coupon and/or offer. No minimum purchase amount. All offers are limited to stock on hand; no rain checks are available. Not valid on prior purchases, gift cards, gift certificates, taxes or shipping and processing charges. Consumer must pay applicable sales tax and shipping. Promotions have no cash value. Offer cannot be sold or otherwise bartered. Void where prohibited, taxed or otherwise restricted. Returns of any portion of the purchase will require equal forfeiture of offer or amount equal to offer. Lamplight Farms Incorporated has the right to end or modify any promotion at any time. Other restrictions may apply. Not valid in stores. Offer only applies to an order shipped to a single address within the contiguous United States and Washington D.C.

 

SELF-CARE BACKYARD MAKEOVER SWEEPSTAKES – OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE THE CHANCES OF WINNING. INTERNET ACCESS AND VALID E-MAIL ADDRESS ARE REQUIRED TO ENTER.

1. Eligibility. The Self-Care Backyard Makeover (the "Sweepstakes") is only open to those who fully comply with these Official Rules (“Rules”) and are at least 18 years of age as of the date of entry. The Sweepstakes is only open to legal residents of, and located in, the 48 contiguous states of the United States or the District of Columbia and is void where prohibited by law. Employees, independent contractors, interns, officers, directors, and agents of the Sponsor, their respective parents, affiliates, subsidiaries, advertising and promotion agencies, suppliers, and their immediate family members (e.g., spouses, parents, siblings, and children, regardless of where they live) and/or those living in the same household of each (whether or not related) are not eligible to participate in the Sweepstakes. The Sweepstakes is subject to all applicable federal, state, and local laws and regulations. Void where prohibited.

2. Agreement to Rules. By entering the Sweepstakes, the eligible person ("you" or “Entrant”) agrees to comply with and abide by these Rules and the decisions of the Sponsor, and you represent and warrant that you meet the eligibility requirements. In addition, you agree to accept the Sponsor's decisions as final and binding in all matters related to the Sweepstakes. Entrants should look solely to the Sponsor with any questions, comments, or issues related to the Sweepstakes.

3. Entry Period. The Sweepstakes begins on 08/01/2021 at 12:00AM PDT and ends on 08/31/2021 at 11:59PM PDT (the "Entry Period"). Entries submitted before or after the Entry Period will not be eligible.

4. How to Enter. The Sweepstakes must be entered by joining the TIKI® Brand email list by visiting the tikibrand.com/signup and signing up. (Existing TIKI® Brand email list members are automatically entered in the Sweepstakes). Entries that do not adhere to the Rules or specifications of the Sweepstakes may be disqualified at the sole discretion of the Sponsor. You must provide the information requested. You may not enter more times than allowed by using multiple email addresses, identities, or devices in an attempt to circumvent the Rules. If you use fraudulent methods or otherwise attempt to circumvent the Rules of the Sweepstakes, your submission may be disqualified at the sole discretion of the Sponsors.

If entering with a mobile phone or other web-enabled device and using your wireless carrier’s network, standard data charges from your wireless carrier may apply. Check with your wireless service provider for details on these and any other applicable charges. Participants are solely responsible for any such wireless charges.

5. Prizes. Sponsor will award one prize package (“Prize”). The Prize to be awarded is:

Prize

Approximate Retail Value

TIKI® Brand Patio Fire Pit in Black

$350.00

TIKI® Brand Wood Pack 4-Pack

$36.00

(2) TIKI® Brand BiteFighter™ LED String Lights

$318.00

(4) TIKI® Brand Cabos Torches

$89.96

(3) TIKI® Brand Succulent Table Torches

$26.99

(2) TIKI® Brand 64 oz. Clean Burn™ BiteFighter® Torch Fuel

$35.98

 

 

Total

$856.93

 

The specifics of the Prize shall be solely determined by the Sponsor. The Sponsor, in its sole discretion, reserves the right to make Prize substitutions of equal or greater value. The Prize is non-transferable. Substitution of the Prize or transfer/assignment of the Prize to others or request for the cash equivalent of the Prize by the winner is not permitted. Any and all Prize-related expenses, excluding shipping but including, without limitation any and all federal, state, and/or local taxes shall be the sole responsibility of the winner to report and pay and winner will, and hereby does, hold Sponsor harmless from liability for failure to timely report and/or pay such taxes. Acceptance of the Prize constitutes permission for the Sponsor to use the winner’s name, likeness, and Entry for purposes of advertising and trade without further compensation, unless prohibited by law.

6. Odds of Winning. The odds of winning depend on the number of eligible Entries received.

7. Winner Selection and Notification. One (1) potential winner will be randomly selected on or about 09/02/2021. Each entrant is limited to one (1) Prize package. The winner will be notified by the Sponsor at the email address used for Entry, within seven (7) days of the winner selection. The Sponsor shall have no liability for a winner's failure to receive notices due to spam, junk e-mail or other security settings or for a winner’s provision of incorrect or otherwise non-functioning contact information. In the event (a) a winner cannot be contacted for whatever reason; (b) rejects the prize, is ineligible, or disqualified; (c) fails to claim the prize within seven (7) days from the time award notification was sent, or (d) fails to timely return a completed and executed declaration and release, or other documentation as required, the Prize may be forfeited and an alternate winner may be selected. Receipt of the Prize offered in this Sweepstakes by the winner is conditioned upon compliance with any and all federal, state, and local laws and regulations. Any violation of these Rules by the winner, at the Sponsor's sole discretion, will result in the winner's disqualification as winner, and all privileges as winner will be immediately terminated.

8. Publicity; Rights Granted by the Entrant. Entrants may not issue press releases or other publicity in connection with your participation in the Sweepstakes without the express written consent of Sponsor. By entering this Sweepstakes, you understand and agree that the Sponsor and anyone acting on behalf of the Sponsor or their respective licensees, successors, and assigns, shall have the full right and power, where permitted by law, to copy, print, publish, broadcast, distribute, use, edit, translate, alter, combine with other material, reuse and adapt any or all portions of the Entry in any way and for any purpose whatsoever, at any time, now or in the future in any media now known or hereafter developed, in perpetuity and throughout the World, without further limitation, restriction, compensation, notice, review, or approval, your entry name, city and state of residence, portrait, picture, voice, likeness, image, statements about the Sweepstakes, and biographical information (in whole or in part) for news, publicity, information, trade, advertising, public relations, and promotional purposes without any further compensation, notice, review, or consent.

By entering this Sweepstakes, you represent and warrant that your Entry is an original work of authorship and does not violate any third party’s proprietary or intellectual property rights. If your Entry infringes upon the intellectual property rights of another, you will be disqualified at the sole discretion of the Sponsor. If the content of your Entry is claimed to constitute infringement of any proprietary or intellectual proprietary rights of any third party, you shall, at your sole expense, defend or settle against such claims. You shall indemnify, defend, and hold harmless the Sponsor from and against any suit, proceeding, claims, liability, loss, damage, costs, or expense, which the Sponsor may incur, suffer, or be required to pay arising out of such infringement or suspected infringement of any third party’s right.

9. General Terms; Right to Cancel, Modify. The Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, or suspend the Sweepstakes should virus, bug, non-authorized human intervention, fraud, or other cause beyond the Sponsor’s control, corrupt or affect the administration, security, fairness, or proper conduct of the Sweepstakes. In such cases, the Sponsor may select a winner from eligible Entries received before and/or after the action taken by the Sponsor, if appropriate. The Sponsor reserves the right, at its sole discretion, to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Sweepstakes or website or violates these Rules. The Sponsor has the right, in its sole discretion, to maintain the integrity of the Sweepstakes, to void entries for any reason, including, but not limited to: multiple entries from the same user from different IP addresses; multiple entries from the same computer in excess of that allowed by Sweepstakes Rules; or the use of bots, macros, scripts, or other technical means for entering. Any attempt by an Entrant to deliberately damage any website or undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil laws. Should such an attempt be made, the Sponsor reserves the right to seek damages to the fullest extent permitted by law.

10. Limitation of Liability. By entering the Sweepstakes, Entrants and winner agree to release and hold harmless the Sponsor and their parents, subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers and directors (the “Released Parties”) from any and all liability, for loss, including without limitation whatsoever, illness, injury, death, loss, litigation, claim or property damage, personal injury (including emotional distress), and/or death, that may occur, directly or indirectly, whether caused by negligence or not, from (i) such Entrant’s preparation for or participation in the Sweepstakes and/or his/her/their acceptance, possession, use, or misuse of the Prize or any portion thereof; (ii) participation in any Sweepstakes-related or Prize-related activity; (iii) any claims or causes of action based on publicity rights, intellectual property infringement, defamation or invasion of privacy and merchandise delivery; (iv) unauthorized human intervention in any part of the Sweepstakes; (v) electronic or human error in the administration of the Sweepstakes or the processing of Entries; (vi) technical errors of any kind, including but not limited to the malfunction of any computer, cable, network, hardware, or software, or other mechanical equipment; (vii) the unavailability or inaccessibility of any transmissions, telephone, or Internet service; (viii) printing errors; or (ix) lost, late, postage due, misdirected, or undeliverable mail. The Released Parties assume no responsibility for any injury or damage to Entrants or to any other person’s computer, regardless of how caused, relating to or resulting from entering or downloading materials or software in connection with the Sweepstakes.

11. Use of Personal Information. By entering the Sweepstakes, Entrants will be sharing their personal information with Sponsor. Personal information collected by the Sponsor will be used for administration of the Sweepstakes and in connection with other promotional activities by the Sponsor.  In addition, by entering, Entrants agree to Sponsor’s use of Entrant’s personal information as described in its privacy policy at https://www.tikibrand.com/customer-service/privacy-policy (Lamplight). Please refer to Sponsor’s privacy policy for important information regarding the collection, use, and disclosure of personal information by Sponsor. All Entries become the property of Sponsor upon receipt and will not be acknowledged or returned.

12. Warranties and Consents. By completing and submitting an Entry, you: (a) represent and warrant that (i) you have read and agreed to be bound by these Rules (ii) based on the Rules, you are eligible to participate in the Sweepstakes, and (iii) all of the information provided on the Entry is accurate, does not violate any third party’s legal rights (including without limitation rights of privacy and publicity), and otherwise does not violate applicable law; (b) consent to the use of your name and/or likeness by Sponsor for promotional purposes (whether online, in print or through any other media now known or hereafter developed), without additional compensation or authorization unless prohibited by law; and (c) agree to be bound by the interpretations of these Rules by Sponsor, which are final in all matters relating to the Sweepstakes.

13. DISCLAIMER OF WARRANTIES. SPONSOR IS PROVIDING THE SWEEPSTAKES ON AN “AS IS” AND “AS AVAILABLE” BASIS.  SPONSOR DOES NOT REPRESENT OR WARRANT THAT THE SWEEPSTAKES OR THE TECHNOLOGY USED TO PROVIDE IT: (I) WILL BE UNINTERRUPTED OR SECURE; (II) WILL BE FREE OF DEFECTS, INACCURACIES, OR ERRORS; OR (III) WILL MEET YOUR REQUIREMENTS OR ENABLE YOU TO PARTICIPATE IN IT. SPONSOR MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE RULES, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, AND NON-INFRINGEMENT. Entrants and winner further acknowledge that Sponsor has neither made nor is in any manner responsible or liable for any warranty, representations, or guarantees, express or implied, in fact or in law, relative to any Prize or any component thereof.

No failure or delay by a party in exercising any right, power, or privilege under these Rules will operate as a waiver thereof. No waiver of any provision of these Rules, or any rights or obligations of either party under these Rules, shall be effective, except pursuant to a written instrument signed by the party waiving compliance, and any such waiver shall be effective only in the specific instance and for the specific purpose stated in such writing.

14. Governing Law; Forum Selection. This Sweepstakes is governed by the laws of the State of Wisconsin, without respect to conflict of law doctrines. Entrants hereby irrevocably consent to the personal jurisdiction of the appropriate state or federal court having jurisdiction over the subject matter located in Waukesha County, Wisconsin and waive any claim of forum non conveniens or lack of personal jurisdiction that they may have (“Forum”). By participating in this Sweepstakes, you agree that any and all disputes that cannot be resolved between the parties and causes of action arising out of or connected with this Sweepstakes, shall be resolved individually, without resort to any form of class action, exclusively in the Forum. Further, in any such dispute, under no circumstances shall You be permitted to obtain awards for, and You hereby waive all rights to, punitive, incidental, or consequential damages, including reasonable attorneys’ fees, other than actual out-of-pocket expenses (i.e., costs associated with entering the Sweepstakes). You further waive all rights to have damages multiplied or increased.

15. Winners List. To request a copy of the winners list please mail a self-addressed stamped envelope to: Attn: SELF-CARE BACKYARD MAKEOVER SWEEPSTAKES W140 N4900 Lilly Rd., Menomonee Falls, WI 53051. Requests must be sent within four (4) weeks of the end of the Entry Period.

16. Instagram; Facebook. While an announcement may be made on various social media platforms, this Sweepstakes is in no way sponsored, endorsed, administered by, or associated with Facebook, Twitter, Instagram, Snapchat, YouTube, Reddit, Pinterest, LinkedIn, or any other social networks that are used to share the Sweepstakes. You understand that you are providing your information to the Sponsor of the Sweepstakes and not to Facebook, Twitter, Instagram, Snapchat, YouTube, Reddit, Pinterest, LinkedIn, or any other social networks. By participating via Instagram or Facebook platforms, Entrants are subject to and agree to Instagram’s and Facebook’s terms of use and data policy.

17. Acceptance of Rules. By participating in the Sweepstakes, you have affirmatively reviewed, accepted, and agreed to all of the Rules.

18. Sponsor. Lamplight Farms Incorporated (“Lamplight” or “Sponsor”), W140 N4900 Lilly Rd, Menomonee Falls, WI 53051.

 

TIKI BRAND FATHER’S DAY GIVEAWAY - OFFICIAL RULES

NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. PURCHASE WILL NOT IMPROVE CHANCES OF WINNING. INTERNET ACCESS AND VALID INSTAGRAM ACCOUNT ARE REQUIRED TO ENTER.

In order to enter or win the TIKI Brand Father’s Day Giveaway (the “Sweepstakes”), you must fully comply with these Official Rules (“Rules”) and, by entering, you represent and warrant that you agree to be bound by these Rules and the decisions of the Sponsor, whose decisions shall be binding and final in all respects relating to the Sweepstakes.

1. Sponsor. The Sweepstakes is sponsored by Lamplight Farms Incorporated (“Lamplight”), W140 N4900 Lilly Rd, Menomonee Falls, WI 53051 (“Sponsor”) and Char-Broil LLC (“Char-Broil”) 1442 Belfast Ave, Columbus, GA 31904 (“Sponsor”).

2. Eligibility. The Sweepstakes is only open to legal residents of, and located in, the 48 contiguous states of the continental United States and District of Columbia who are at least 21 years of age or older the first day of the Entry Period. Employees, officers, and directors of Sponsor, or any of Sponsor’s respective parents, affiliates, subsidiaries, or partners, or any agents, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment, and marketing agencies, of any of the preceding or their successors and assigns, and members of the immediate families (e.g., spouses, parents, siblings and children, regardless of where they live) of any of the preceding and those living in the same household as any of the preceding (whether or not related) are not eligible to enter or win. Participation constitutes Entrant's full and unconditional agreement to these Rules and to Sponsor’s decisions, which are final and binding in all matters related to the Sweepstakes. Sponsor reserves the right to verify the eligibility of winners. The Sweepstakes is void where prohibited and subject to all applicable federal, state and local laws.

3. Entry. During the period commencing at 8:00 AM (Central Time) on June 11, 2021 and ending at 11:59 PM (Central Time) on June 21, 2021 (the “Entry Period”), look for Sponsor’s post on Instagram announcing the FATHER’S DAY Giveaway (“Sweepstakes Announcement”) inviting eligible persons (“Entrant”) to enter for a chance to win a prize., in order to enter the Sweepstakes must: Sponsor will make the Sweepstakes Announcement on the following Instagram account:

      • Be a registered user of Instagram in order to enter the Sweepstakes.
      • During the Entry Period, look for Sponsor’s Sweepstakes post on Instagram announcing the FATHER’S DAY Giveaway (“Sweepstakes Announcement”) inviting eligible persons to enter for a chance to win a prize.

Sponsor will make a Sweepstakes Announcement on the following Instagram accounts:

@tikibrandproducts
@charbroilgrills

Entrants must a registered user on Instagram, which can be created at no cost at www.instagram.com, in order to enter the Sweepstakes. Entrants must “follow” @tikibrandproducts and @charbroilsgrills from Entrant’s Instagram non-private Instagram account during the Entry Period and until the winners are finalized.

      • From your Instagram account, during the Entry Period and until the winner is finalized, “like” @tikibrandproducts @charbroilgrills and tag a friend within the comment section on the Sweepstakes Announcement and tag a friend during the Entry Period in order to receive one (1) entry (“Entry”) into the Sweepstakes drawing. No limit on Entries.

      • Comment and tag, within the comment section, a friend on the Sweepstakes Announcement during the Entry Period in order to receive an additional Entry. No limit on Entries.

If entering with a mobile phone or other web-enabled device and using your wireless carrier’s network, standard data charges from your wireless carrier may apply. Check with your wireless service provider for details on these and any other applicable charges. Participants are solely responsible for any such wireless charges.

Entries must also meet the following requirements:

      • Entry cannot defame, misrepresent or contain disparaging remarks about Sponsor or its products, or other people, products or companies or communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate.
      • Sponsor shall have full right and power to copy, publish, broadcast, display, distribute, use, edit, translate, alter, combine with other material, reuse and adapt any or all portions of the Entry in any way and for any purpose whatsoever, at any time, now or in the future, in any media now known or hereafter devised throughout the world in any manner whatsoever and for any purpose.
      • Entry cannot (a) be sexually explicit or suggestive, violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, reference nudity or any materially dangerous activity; (b) promote any activities that may appear unsafe or dangerous or any particular political agenda or message; (c) be obscene or offensive, endorse any form of hate or hate group; (d) contain or reference trademarks, logos or trade dress owned by others, or advertise or promote any brand or product of any kind (other than the Sponsor), without permission, or contain any personal identification, such as license plate numbers, personal names, email addresses or street addresses; (e) contain copyrighted materials owned by others without permission; (f) contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, without permission; or (g) depict, and cannot itself be in, violation of any law.
      • Any Entry that, in the sole opinion of Sponsor, is not in accordance with the Rules, or is deemed to be inappropriate for publication is ineligible.
      • Automated or mechanically produced or reproduced Entries are prohibited. No Entries by bots are eligible. No illegible, incomplete, forged or altered Entries will be accepted.
      • Any such Entrant will indemnify and hold harmless, Sponsor from any claims to the contrary.

Entry must comply with these Rules. Sponsor reserves the right, but not the obligation, to review any Entry for violation of these Rules and may, at its sole discretion, reject, delete, or otherwise exclude an Entry for any reason, including without limitation, if the Entry contains any commentary or material which Sponsor, in its sole discretion, deems inappropriate.

Entries will be deemed to have been submitted by the authorized account holder of the Instagram account submitting the Entry. “Authorized account holder” shall mean the natural person who is registered with an internet service provider, online service provider, or other organization responsible for assigning the account used.

4. Odds of Winning. The odds of winning depend on the total number of eligible Entries during the Entry Period.

5. Winner Selection and Notification: One (1) potential winner will be randomly selected from all valid Entries, by the Sponsors on or about June 22, 2021. Each Entrant is limited to one (1) Prize package. The Grand Prize will be randomly awarded to one of the potential winners. The potential winners will be notified by the Sponsor at the Instagram handle that was used for Entry. The potential winners have 48 hours to claim the Prize. Except where prohibited, the winners will be required to complete, sign and return to Sponsor an Affidavit of Eligibility, Release of Liability and Publicity Release in a form to be provided by Sponsor (collectively, the “Affidavit”) within the time frame or by the date specified in Sponsor’s notification or an alternate winner may be selected. In the event: (a) a potential winner cannot be reached for whatever reason after a reasonable effort has been exerted based on the information stated in the Entry, (b) of noncompliance with the Rules, (c) a potential winner is found to be ineligible to enter the Sweepstakes or receive the Prize, (d) a potential winner cannot or does not comply with the Rules, (e) a potential winner prize notification or Affidavit is returned as undeliverable for whatever reason, or (f) a potential winner fails to fulfill the Affidavit-related obligations, the potential winner shall be disqualified from the Sweepstakes and an alternate potential winner may be selected, at Sponsor’s sole discretion, from among the other eligible Entries received.

6. Prizes. Sponsor will award one (1) grand prize package (“Grand Prize”) The Grand Prize to be awarded is:

One (1) TIKI Brand Fire Pit - $350.00

One (1) Box TIKI Brand Wood Packs - $36.00

One (1) Char-Broil Signature Series 3-Burner Grill - $449.00

One (1) Comfort-Grip Tool Set - $35.00

Approximate Retail Value (“ARV”) of Grand Prize - $870.00

The Prize cannot be substituted, assigned, transferred, or redeemed for cash. Sponsor reserves the right to make substitutions of equal or greater value at its sole discretion in the Prize. Any portion of the Prize not accepted or unclaimed and/or unused by a winner will be forfeited and will not be substituted. In the case of a winner’s forfeiture of the Prize, Sponsor may select an alternate winner. Winner is responsible for the reporting and payment of all applicable federal, state and local taxes (including income taxes) associated with the Prize and will, and hereby does, hold Sponsor harmless from liability for failure to timely report and/or pay such taxes.

7. General Terms; Right to Cancel, Modify. possession, use, misuse, loss or misdirection of any Prize or resulting from participating in this promotion or any promotion or Prize related activities. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be (i) tampering with the Entry process or the operation of the Sweepstakes, or with any website promoting the Sweepstakes; (ii) acting in violation of the Rules; or (iii) entering or attempting to enter the Sweepstakes multiple times through the use of multiple Instagram accounts or the use of any robotic or automated devices to submit entries. If Sponsor determines, in its sole discretion, that technical difficulties or unforeseen events compromise the integrity or viability of the Sweepstakes, Sponsor reserves the right to void the Entries at issue, and/or terminate the relevant portion of the Sweepstakes promotion, including the entire Sweepstakes promotion, and/or modify the Sweepstakes and/or conduct a random drawing to award the Prize using all eligible Entries received as of the termination date.

8. Publicity Releases. Entrants may not issue press releases or other publicity in connection with your participation in the Sweepstakes without the consent of Sponsor. Except where prohibited or restricted by law, the winner’s acceptance of the Prize constitutes the winner’s agreement and consent for Sponsor to use and/or publish winner’s Entry photo and winner’s full name, city and state of residence, photographs or other likenesses, pictures, portraits, voice, testimonials, biographical information (in whole or in part), and/or statements made by the winner regarding the Sweepstakes or Sponsor, worldwide and in perpetuity for any and all purposes, including, but not limited to, advertising, trade and/or promotion on behalf of Sponsor, in any and all forms of media worldwide, now known or hereafter devised, including, but not limited to, print, TV, radio, electronic, cable, internet, social media without further limitation, restriction, compensation, notice, review, or approval.

9. Winners’ List. To obtain a copy of any legally-required winners list, mail a self-addressed stamped envelope within 60 days after the expiration of the Entry Period to: Lamplight Farms Incorporated, Attn: Content Marketing Manager – Father’s Day Giveaway, W140 N4900 Lilly Rd, Menomonee Falls, WI 53051.

10. Release of Liability. By participating in the Sweepstakes, Entrants and winners agree to release and hold harmless Sponsor and Instagram and their respective subsidiaries, affiliates, parent company, representatives, agents, successors, assigns, employees, officers and directors (the “Released Parties”), from any and all liability, for loss, harm, damage, injury, cost or expense whatsoever, including without limitation, property damage, personal injury (including emotional distress), and/or death, which may occur in connection with preparation for, or participation in, the Sweepstakes, or possession, acceptance and/or use or misuse of the Prize or participation in any Sweepstakes-related or Prize-related activity and for any claims or causes of action based on publicity rights, defamation or invasion of privacy and merchandise delivery. The Released Parties assume no responsibility for any injury or damage to Entrants or to any other person’s computer, regardless of how caused, relating to or resulting from entering or downloading materials or software in connection with the Sweepstakes

11. Use of Personal Information. By entering the Sweepstakes, Entrants will be sharing their personal information with Sponsor. Personal information collected by Sponsor will be used for administration of the Sweepstakes and in connection with other promotional activities by Sponsor. In addition, by entering, Entrants agree to Sponsor’s use of Entrant’s personal information as described in its privacy policy at https://www.tikibrand.com/customer-service/privacy-notice (Lamplight). Please refer to Sponsor’s privacy policy for important information regarding the collection, use and disclosure of personal information by Sponsor. All Entries become the property of Sponsor upon receipt and will not be acknowledged or returned.

12. Warranties and Consents. By completing and submitting an Entry, you: (a) represent and warrant that (i) you have read and agreed to be bound by these Rules (ii) based on the Rules, you are eligible to participate in the Sweepstakes, and (iii) all of the information provided on the Entry is accurate, does not violate any third party’s legal rights (including without limitation rights of privacy and publicity), and otherwise does not violate applicable law; (b) consent to the use of your name and/or likeness by Sponsor for promotional purposes (whether online, in print or through any other media now known or hereafter developed), without additional compensation or authorization unless prohibited by law; and (c) agree to be bound by the interpretations of these Rules by Sponsor, which are final in all matters relating to the Sweepstakes.

13. DISCLAIMER OF WARRANTIES. SPONSOR IS PROVIDING THE SWEEPSTAKES ON AN “AS IS” AND “AS AVAILABLE” BASIS. SPONSOR DOES NOT REPRESENT OR WARRANT THAT THE SWEEPSTAKES OR THE TECHNOLOGY USED TO PROVIDE IT: (I) WILL BE UNINTERRUPTED OR SECURE, (II) WILL BE FREE OF DEFECTS, INACCURACIES OR ERRORS, OR (III) WILL MEET YOUR REQUIREMENTS OR ENABLE YOU TO PARTICIPATE IN IT. SPONSOR MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE RULES, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT. Entrants and winner further acknowledge that Sponsor has neither made nor is in any manner responsible or liable for any warranty, representations or guarantees, express or implied, in fact or in law, relative to any Prize or any component thereof.

14. Waiver. No failure or delay by a party in exercising any right, power, or privilege under these Rules will operate as a waiver thereof. No waiver of any provision of these Rules, or any rights or obligations of either party under these Rules, shall be effective, except pursuant to a written instrument signed by the party waiving compliance, and any such waiver shall be effective only in the specific instance and for the specific purpose stated in such writing.

15. Instagram: This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Instagram. Instagram is not responsible for selecting the winner or prize delivery. By participating via the Instagram platform, Entrants are subject to and agree to Instagram’s terms of use and data policy.

16. Governing Law; Forum Selection. All issues and questions concerning the construction, validity, interpretation and enforceability of the Rules, or the rights and obligations of Entrant or Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Wisconsin, without giving effect to any choice of law or conflict of law rules. Entrants hereby irrevocably consent to the personal jurisdiction of the appropriate state or federal court having jurisdiction over the subject matter located in Waukesha County, Wisconsin and waive any claim of forum non conveniens or lack of personal jurisdiction that they may have (“Forum”). To the fullest extent permitted by law, Entrants further agree to bring any action exclusively in the Forum and waive any right of all damages on relief other than his/her actual out-of-pocket costs in participating in the Sweepstakes (if any).

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