2023 World Mosquito Day Giveaway - Official Rules

OFFICIAL RULES

2023 World Mosquito Day Giveaway

The following content constitutes the Official Rules for 2023 World Mosquito Day Giveaway (“Official Rules”):

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. OPEN TO LEGAL RESIDENTS OF THE FIFTY (50) UNITED STATES AND THE DISTRICT OF COLUMBIA (EXCLUDING RESIDENTS OF PUERTO RICO AND US TERRITORIES AND POSSESSIONS)WHO ARE AT LEAST 18 YEARS OF AGE. VOID WHEREVER PROHIBITED BY LAW, OR WHERE THE REGISTRATION OR FILING REQUIREMENTS OF ANY STATE OR LOCAL JURISDICTION HAVE NOT BEEN COMPLIED WITH. INTERNET ACCESS REQUIRED.

1. Promotion Period: The 2023 World Mosquito Day Giveaway commences at 9:00:01 AM Eastern Standard Time (“ET”) on August 18, 2023 and ends at 11:59:59 PM ET on August 20, 2023 (the “Promotion Period”). All entries must be received by 11:59:59 PM ET on August 20, 2023.

2. Administrator & Sponsor: The Promotion is administered by Acadia (“Administrator”) and sponsored by Orkin, LLC (“Orkin” or “Sponsor”).

3. Object: The object of the Promotion is to post a comment tagging two (2) friends who want to enjoy the rest of their summer with Orkin swag (the “Entry”) on the post announcing the Promotion on the Orkin® Pest Control TikTok account and/or the Orkin® Pest Control Instagram account (individually and collectively, the “Promotion Post”). You must post your Entry in accordance with these Official Rules to be eligible. Five (5) winners will be selected at random from all eligible entries at the conclusion of the Promotion.

4. Eligibility: The Promotion is only open to legal residents of the fifty (50) United States and the District of Columbia, excluding residents of Puerto Rico and US territories and possessions, who are at least 18 years of age. Employees of Administrator, employees of Rollins, Inc., any subsidiary of Rollins, Inc., Orkin, LLC, employees of individual Orkin® branches and franchisees of Orkin Systems, Inc., and their respective immediate families (i.e., parents, spouse, children, siblings, grandparents, step parents, step children and step siblings and their respective spouses, regardless of where they reside) of, and members of the same household, whether or not related to, Administrator or Sponsor and each of their respective parents or affiliated companies, subsidiaries, advertising and promotion agencies and third party fulfillment or judging agencies (collectively, the “Promotion Entities”) are not eligible to enter or win the Promotion.

5. How to Enter: Entry via one of the methods described below will enter a participant into the random drawing for a Prize (as defined below).

   1. Via TikTok. During the Promotion Period, you (“Entrant”) can submit your Entry the following way: (i) visit the Orkin® Pest Control TikTok account page (www.tiktok.com/@orkin), (ii) follow Orkin’s TikTok account, (iii) Like the Promotion Post and (iv) post your Entry on the Promotion Post accordance with these Official Rules. Please note: by submitting an Entry you are agreeing to these Official Rules. If you do not have a TikTok account, visit https://www.tiktok.com/ or download the free TikTok app for your smart phone and register in accordance with the enrollment instructions for a free TikTok account. By participating in the Promotion, you hereby release TikTok from any and all liability in connection with the Promotion. You also acknowledge that the Promotion is in no way sponsored, endorsed or administered by, or associated with, TikTok. You are providing information to Orkin and the Administrator by entering the Promotion, not to TikTok.

   2. Via Instagram. During the Promotion Period, you (“Entrant”) can submit your Entry the following way: (i) visit the Orkin® Pest Control Instagram account (www.instagram.com/OrkinPestControl), (ii) Follow the Orkin® Pest Control Instagram account, (ii) post your Entry on the Promotion Post by tagging two (2) friends in accordance with these Official Rules. Please note: by submitting an Entry you are agreeing to these Official Rules. If you do not have an Instagram account, visit www.instagram.com or download the free Instagram app for your smart phone and register in accordance with the enrollment instructions for a free Twitter account. By participating in the Promotion, you hereby release Instagram from any and all liability in connection with the Promotion. You also acknowledge that the Promotion is in no way sponsored, endorsed or administered by, or associated with, Instagram. You are providing information to Orkin and the Administrator by entering the Promotion, not to Instagram.

   3. General Entry Conditions. Each participant must consent to have his/her Entry shared on Sponsor’s public TikTok and/or Instagram page before submitting such Entry. For each Entry submitted in compliance with these Official Rules will earn the submitting participant (“Entrant”) one (1) entry into the random drawing. Multiple participants may not use the same TikTok and/or Instagram account to enter. The use of multiple accounts, bot accounts, automated software or computer programs to register or enter the Promotion is prohibited, and any individual who uses or attempts to use such methods to register or to enter will be disqualified. Valid entries must contain all information requested. Incomplete entries will be disqualified. In the event of a dispute as to the identity of a Participant, the authorized account holder of the TikTok and/or Instagram account used for entry will be deemed to be the Participant and he/she must comply with these Official Rules. If two or more identical Entries are submitted by two or more Participants, the Participant who submitted the Entry first will be deemed the owner of the Entry. The potential winners may be required to show proof of being the authorized account holder.  The "authorized account holder" is the natural person assigned to the TikTok and/or Instagram account by TikTok and/or Instagram, respectively. All Entries will be provided to and become the property of the Sponsor and will not be acknowledged or returned. Participant acknowledges and agrees that all information submitted by Participant in connection with the Promotion may be shared by the recipient Promotion Entity with all other Promotion Entities. Neither Sponsor nor Administrator are responsible for lost, late, incomplete, invalid, illegible or misdirected Entries, which will be disqualified; for technical failures of any kind, including, but not limited to, electronic malfunctioning of any network, hardware or software; any failed, incomplete, garbled or delayed computer transmissions or any combination thereof; or for any error, human, technical or otherwise; or any injury or damage to Participant’s or any other person’s computer related to or resulting from entering, participating in, or accessing or downloading information in connection with, this Promotion. Sponsor reserves the right at its sole discretion to modify, cancel or suspend this Promotion for any reason whatsoever including, but not limited to, a computer virus, bug, or other cause beyond the control of Sponsor. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds tampering with the operation or entry process of the Promotion or acting in violation of these Official Rules or applicable law. Entries delayed past the Entry Period will not be accepted and will be destroyed. Entering and/or voting in the Promotion constitutes full and unconditional agreement to and acceptance of these Official Rules, the interpretation of these rules by the Sponsor, and the decisions of the Sponsor, which are final and binding. Online entry only. No other method of entry will be accepted. Participants are solely responsible for Internet connectivity, software and/or hardware that may be required in order to create and/or submit any Entry. All information submitted by participants in connection with the Promotion is subject to, and will be treated in a manner consistent with, Orkin’s Terms of Use accessible at: http://www.orkin.com/globals/terms-of-use/ and Privacy Policy accessible at: http://www.orkin.com/globals/privacy-policy/. Any Entry that does not comply with the entry requirements, Content Restrictions (set forth below) or otherwise with these Official Rules will be void, eliminated and not eligible for consideration.

6. Content Restrictions: Participants must not include any of the following content (the "Content Restrictions") in any Entry: (i) pornography, adult-oriented content or any other sexually-explicit material; (ii) materials relating to lotteries or gambling; (iii) explicit language or content, images or video showing violence, or promotion of illegal activities; (iv) content in violation of intellectual property rights or laws; (v) libelous, defamatory, disparaging, tortuous or slanderous materials; (vi) content that denigrates, disparages or reflects negatively on the Promotion Entities or their owners and employees; (vii) tobacco, alcohol or drugs; (viii) dangerous stunts; (ix) real weapons of any kind including, but not limited to, guns, knives or projectiles; (x) material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, age or any other basis protected by federal, state, or local law, ordinance, or regulation; (xi) individuals under legal age of majority without providing a signed release from parent or legal guardian; (xii) audio and/or visual content owned by any third party (e.g., recorded music; pre-produced video, etc.); and (xiii) material that is unlawful, or otherwise in violation of or contrary to the laws or regulations in any state where the Entry is created. Any Entry that does not comply with the foregoing, in the sole discretion of Sponsor, will be disqualified and eliminated from consideration.

7. Winner Selection & Odds of Winning: During the Promotion, there will be a total of five (5) winners selected (the “Winners”). Following the close of the Promotion Period, Administrator or Sponsor will select the Winners from among all eligible Entries through random drawing. Odds of being selected as the Winners will depend on the total number of eligible Entries received during the Promotion Period.

8. Promotion Winner Notification. Potential winners will be notified on or about August 21, 2023, via email, TikTok direct message, or Instagram direct message at Sponsor’s discretion. Potential winner must follow instructions given by Sponsor or designated agent, including, but not limited to, responding to notification with requested information, within one (1) day of receiving notification. Awarding any prize is subject to verification of potential winner’s eligibility and full compliance with these Official Rules. Except where prohibited, selected potential winner may be required to complete and return to Sponsor or its designated agent an Affidavit of Eligibility and a Liability/Publicity Release Form (“Affidavit and Release”) within three (3) days of receiving the Affidavit and Release. Only after the Affidavit and Release is received by Sponsor or designated agent will a potential winner become an “Official Winner” for purposes of this Promotion. Failure to return the signed Affidavit and Release within three (3) days following the date of delivery thereof may result in forfeiture of the prize. If winner is a minor in his or her state of residence, the prize will be awarded to the minor's parent or legal guardian and the parent or legal guardian will be required to complete, sign and return the Affidavit and Release within the same time period outlined above. At Sponsor’s discretion, winners may be required to produce picture or some other form of proper identification to claim any prize. Sponsor reserves the right to substitute any prize with prize of equal or greater value. If (i) a potential winner cannot be contacted as specified above, (ii) he/she fails to return the signed Affidavit and Release by the deadline specified above, (iii) any notification is returned as undeliverable, or (iv) a potential winner is deemed ineligible for any other reason in Sponsor’s sole discretion, the potential winner will be disqualified and forfeit the prize and an alternate winner may be randomly selected in his/her place from among all remaining eligible Entries. Up to two (2) alternate winners may be contacted for the unawarded prize, after which the prizes will remain unawarded. If by reason of printing or other error, more prizes are claimed than the number of prizes set forth in these Official Rules, the advertised number of prizes in the relevant category/ies will be awarded to winners selected according to the process outlined under Section 9 of these Official Rules. Under no circumstances will more than the advertised number of prizes be awarded.

9. Promotion Prizes: Exactly five (5) prizes will be awarded in connection with the Promotion; the Winners will receive a Orkin Swag Bag.

   1. Total ARV for all Promotion prizes: $68.43

10. Prize Limitations and Conditions. Prizes may not be substituted for cash. All prizes under the Promotion are awarded "AS IS". Neither Sponsor nor Administrator make or offer any warranty or guarantee, either express or implied (including, without limitation, quality, merchantability and fitness for a particular purpose) in connection with the Promotion or any prize. Prize details and availability are subject to change, in which case a prize of equal or greater value may be substituted at Sponsor's sole discretion. Prizes consist only of the items listed herein, are non-transferable, with no cash redemption, substitution or extension except at Sponsor's sole discretion. Federal, state, or local taxes on prizes, if any, and any other costs, fees or expenses not listed above are the sole responsibility of each winner. Taxes on and in connection with all prizes are the sole responsibility of each winner; Sponsor or its designated agent may issue an IRS Tax Form 1099 to the winners for prizes with an ARV of $600 or more. Gift cards and/or digital certificates are subject to the limitations, terms and conditions of the issuer, including expiration date or additional service fees. If any winner is an otherwise eligible minor, the prize will be awarded in the name of his or her parent or legal guardian who will be responsible for fulfilling all requirements imposed on winners as set forth herein. Limit one (1) winner per household. Allow 2-3 weeks for delivery of prize.

11. Publicity & Marketing. By entering or participating in the Promotion, participants expressly agree and consent to Sponsor’s use of winner’s name, voice, statements, image and likeness for purposes of advertising and trade, in any medium, whether now known or hereafter devised, worldwide, in perpetuity, without further compensation or notice, unless prohibited by law. Submission of contact information in connection with this Promotion (whether or not required), including mailing address, phone number, and email address, during entry constitutes permission for Sponsor to add Participant to Sponsor’s customer database and to contact Participant in the future for Promotion and other reasons. We may use email to communicate with you, to send information that you have requested or to send information about other products or services developed or provided by us, provided that, we will not give your email address to another party to promote their products or services directly to you. You may opt-out of receiving such communications as set forth in Sponsor’s Privacy Policy or as provided within any such marketing materials (e.g., using the “Unsubscribe” feature provided in the footer of Sponsor’s emails).

12. No Liability & Indemnification. Sponsor and Administrator are not responsible for and Entrants release Sponsor and Administrator from any failures of any kind, whether caused by computer, technical, or human error, which may either limit the Entrant’s ability to submit an entry, claim or collect a prize, or otherwise participate in this Promotion, or either’s ability to include all eligible entries, conduct random drawings, notify potential winners, or otherwise execute this Promotion in the manner intended. Entrants further release and agree to indemnify Sponsor, Administrator and their subsidiaries, affiliates, representatives, agents, successors, assigns, employees, officers and directors, from any and all liability, claims or actions of any kind whatsoever arising from injuries, damages, or losses to persons or property which may be sustained in connection with this Promotion including, but not limited to: (a) the receipt, ownership or use of any prize awarded; (b) any typographical or other error in these Official Rules or any other materials disseminated by Sponsor; (c) any technical malfunction, failure, error, omission, interruption, deletion, defect, delay in operation or communications line failure, regardless of cause, with any equipment, systems, networks, lines, satellites, servers, computers, or providers used by an Entrant and Sponsor; and (d) any allegation that material provided by Entrant(s) hereunder infringes or violates any rights of third parties, including without limitation, rights of publicity, rights of privacy, patents, copyrights, trademarks, trade secrets and/or licenses. Sponsor and Administrator disclaim all and any liability for the actual provision, quality or nature of any third-party product or service accepted by the winners. Entrants assume all risk of loss, damage, destruction, delay or misdirection of materials/mail/email submitted to Sponsor and/or Administrator. As a condition of participating, Entrants agree that (1) under no circumstances will any Entrant be permitted to obtain awards for, and each Entrant hereby waives all rights to claim punitive, incidental, consequential or any other damages, other than for actual out-of-pocket expenses, (2) all causes of action arising out of or connected with this Promotion, or any Prizes awarded, shall be resolved individually, without resort to any form of class action and shall be resolved exclusively by arbitration under the rules of the American Arbitration Association; and (3) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event attorney’s fees.

13. Other Terms.

    1. Sponsor reserves the right, in its sole discretion, without prior notice and at any time, to modify, cancel, terminate or suspend this Promotion, or any portion thereof, should virus, bugs, non-authorized human intervention or other causes beyond the control of Sponsor corrupt or impair the administration, integrity or security of the Promotion (including but not limited to attempts to hack into or otherwise tamper with underlying source code/programming of the Promotion website). The Promotion Entities and their respective parent companies, subsidiaries, officers, directors, partners, principals, partnerships, employees or agents are not responsible for hardware, software or telephone failures of any kind, traffic congestion on the Internet or at any website or any combination thereof, lost network connections, incomplete, garbled or delayed computer transmissions, whether caused by Sponsor, users or by any of the equipment or programming associated with or utilized in the Promotion or by technical or human error which may occur and/or which may damage a user’s system or limit an Participant’s ability to participate and/or redeem prizes in the Promotion. Sponsor reserves the right at its sole discretion, to disqualify any individual who tampers with the Promotion, violates these Official Rules or otherwise engages in fraudulent or offensive conduct with respect to 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; Sponsor reserves the right to seek damages from any such Participants to the fullest extent of the law. The laws of the State of Georgia shall exclusively govern the Promotion.

    2. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Should any provision of these Official Rules be deemed unenforceable or invalid, the other provisions of these Official Rules shall remain in full force and effect. In the event that this Promotion is challenged by any legal or regulatory authority (including but not limited to any federal or state governmental authority), Sponsor reserves the right to discontinue or modify the Promotion, as applicable, or to disqualify any Participants residing in any affected geographic areas, as applicable. In such event, Sponsor shall have no liability to any Participants who are disqualified due to such an action.

14. Request for Names of Prize Winners and Official Rules. For a list of winners and/or a copy of these Official Rules, send a self-addressed stamped envelope to: 2023 World Mosquito Day Giveaway, Orkin Public Relations, 2170 Piedmont Rd., Atlanta, GA 30324. All requests for a copy of the Official Rules and the names of prize winners must be made by August 26, 2023. Please note on the front left-hand corner of your outer envelope whether you are requesting “Official Rules” or “Prize Winners.”