Official Rules - Orkin® Halloween Pest Pop Contest
Orkin® Halloween Pest Pop Contest
The following content constitutes the Official Rules for the Orkin® Halloween Pest Pop Contest (“Official Rules”):
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. OPEN TO LEGAL RESIDENTS OF THE CONTIGUOUS FORTY-EIGHT (48) UNITED STATES AND THE DISTRICT OF COLUMBIA (EXCLUDES RESIDENTS OF ALASKA, HAWAII, 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 Orkin® Halloween Pest Pop Contest (the “Promotion”) commences at 12:00:01 AM Eastern Standard Time (“ET”) on October 19, 2022 and ends at 11:59:59 PM ET on October 23, 2022 (the “Promotion Period”). All entries must be received by 11:59:59 PM ET on October 23, 2022.
2. Administrator & Sponsor: The Promotion is administered by Doyle Dane Bernbach (“Administrator”) and sponsored by Orkin, LLC (“Orkin” or “Sponsor”).
3. Object: The object of the Promotion is to reward the participants with the funniest and most creative comments on the Entry Post (as defined below) with a Halloween Pest Pop.
4. Eligibility: The Promotion is only open to legal residents of the contiguous forty-eight (48) United States and the District of Columbia (excludes residents of Alaska, Hawaii, 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: During the Promotion Period, eligible participants must visit the Orkin TikTok account (https://www.tiktok.com/@orkin), comment on the Promotion post “pinned” to the top of the Orkin TikTok page/timeline (“Entry Post”). Entrants who submit a comment in compliance with these Official Rules (each, an “Entrant”) will receive one (1) entry (each, an “Entry”). If you do not have a TikTok account, visit 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.
7. Content Restrictions: Entrants 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.
8. Winner Selection and Odds of Winning: During the Contest, there will be one hundred (100) winners (each, a “Winner”), selected as follows:
On or about October 24, 2022, Sponsor will select one hundred (100) Winners from among all eligible Entries. Odds of being selected as a Winner will depend on the total number of eligible Entries received as of the time of selection. Winners will be selected based on the following factors, as determined in Sponsor’s sole discretion:
9. Promotion Winner Notification. Potential winners will be notified via TikTok direct message, at Sponsor’s discretion, within thirty (30) days of the date of the winner selection or as soon thereafter as reasonably practicable. Potential winner must follow instructions given by Sponsor or designated agent, including, but not limited to, responding to notification with requested information, within two (2) days 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 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 Sections 8 and 10 of these Official Rules. Under no circumstances will more than the advertised number of prizes be awarded.
10. Promotion Prizes: Exactly one hundred (100) prizes (each, a “Prize”) will be awarded in connection with the Promotion as follows: one hundred (100) Winners will receive a Pest Infested Pop with an approximate retail value (ARV) of $2.50.
Total ARV for all Promotion prizes: US $250.00
Pest Infested Pop Prizes manufactured and distributed by Hotlix, Inc., Grover Beach, CA 93433. Each Entrant agrees that the use and consumption of the Pest Infested Pop Prize is at their own risk and he/she/they is/are solely responsible for use and consumption of Pest Infested Pop Prizes and hereby waive any right to damages, loss, sickness or injury arising from receipt, use or consumption of the Pest Infested Pop Prizes. IMPORTANT ALLERGY INFORMATION: Pest Infested Pop Prizes contain maltitol syrup, natural and artificial flavoring, red 40, yellow 5, yellow 6, blue 1, Scorpion (Paruroctonus Mesaensis), Cricket (Acheta Domestica), or Black Ants (Polyrhachis Vicina). May contain soy. Not recommended for people with shellfish allergies. Excessive consumption may stimulate laxative effects.
11. 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 6-8 weeks for delivery of prize. Any posting by winner regarding his/her participation or use of prize must include #contest.
13. No Liability & Indemnification. Sponsor, Administrator, and TikTok are not responsible for and Entrants release Sponsor, Administrator and TikTok 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, TikTok, 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, Sponsor, Administrator, or TikTok; 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, Administrator, and TikTok 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.
14. Other Terms.
A. 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 Entrant’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 Entrants to the fullest extent of the law. The laws of the State of Georgia shall exclusively govern the Promotion.
B. 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 Entrants residing in any affected geographic areas, as applicable. In such event, Sponsor shall have no liability to any Entrants who are disqualified due to such an action.
15. 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: Orkin® Halloween Pest Pop Contest, 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 November 30, 2022. Please note on the front left-hand corner of your outer envelope whether you are requesting “Official Rules” or “Prize Winners.” Residents of Vermont requesting a copy of the Official Rules may omit return postage.