OFFICIAL RULES

HomeTeam® HalloWin Contest and Sweepstakes 2019

 

The following content constitutes the Official Rules for the HomeTeam® HalloWin Contest and Sweepstakes (“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, PUERTO RICO, AND U.S. 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. The HomeTeam® HalloWin Contest and Sweepstakes (the “Promotion”) shall consist of two (2) parts: (1) a photo contest (the “Contest Portion”) in which submitted photos will be voted upon the three (3) photo entries that receive the most votes will win a prize, as detailed below, and (2) a random drawing (the “Sweepstakes Portion”) for additional prizes, as detailed below.
  1. PROMOTION PERIOD. The Promotion commences at 12:00:01 AM Eastern Standard Time (“ET”) on October 1, 2019 and ends at 11:59:59 PM ET on October 31, 2019 (the “Promotion Period”). All entries must be received by 11:59:59 PM ET on October 31, 2019.
  1. ADMINISTRATOR AND SPONSOR. The Promotion is administered by QMobius, Inc. (“Administrator”) and sponsored by HomeTeam Pest Defense, Inc. (“HomeTeam” or “Sponsor”).
  1. ELIGIBILITY. Open only to legal residents of the fifty (50) United States and the District of Columbia, Puerto Rico, and U.S. territories and possessions, who are 18 years of age and older as of October 1, 2019. Employees of Administrator or Sponsor 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 you, and employees each Administrator’s and Sponsor’s 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.
  1. HOW TO ENTER THE SWEEPSTAKES PORTION. During the Promotion Period, you can submit your entry in the Sweepstakes Portion in one of the following ways: (i) visit the HomeTeam website (https://pestdefense.com), click on the Promotion link [which will direct you to the Gleam promotion application (“Gleam App”)], fill out the entry form, and review all other entry guidelines and complete all other required information in the online entry form; (ii) visit the HomeTeam Facebook page (https://www.facebook.com/hometeampest) and click on the Promotion link (which will direct you to the Gleam App), fill out the entry form, and review all other entry guidelines and complete all other required information in the online entry form; OR (iii) click on the Promotion link (which will direct you to the Gleam App) wherever you see it posted online, fill out the entry form, and review all other entry guidelines and complete all other required information in the online entry form. You (“Entrant”) will receive one (1) sweepstakes entry for each complete online entry form submitted that contains a unique, valid email address (each, a “Sweepstakes Entry”). If you do not have a Facebook account, visit facebook.com or download the free Facebook app for your smart phone and register in accordance with the enrollment instructions for a free Facebook account. By participating in the Promotion, you hereby release Facebook 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, Facebook. You are providing information to HomeTeam and the Administrator by entering the Promotion, not to Facebook.
  1. HOW TO ENTER THE CONTEST PORTION. To enter the Contest Portion of the Promotion, (i) enter the Sweepstakes Portion of the Promotion using one of the methods described in Section 5 above and (ii) upload a photo of a carved and/or decorated pumpkin (“Photo Entry”) via the Gleam App. The submission of an eligible Photo Entry will enter you in the Contest Portion of the Promotion and award you five (5) Bonus Sweepstakes Entries (as described in Section 9 below) in the Sweepstakes Portion of the Promotion. Only one (1) Photo Entry per unique Facebook account or email address will be accepted. Eligible Photo Entries will then be uploaded to the promotion gallery (“Promotion Gallery”) which will be available for viewing on the HomeTeam Facebook page and the Gleam App.
  1. GENERAL ENTRY CONDITIONS. Entrants may enter the Contest Portion and/or the Sweepstakes Portion of the Promotion via one of the methods above once during the Promotion Period and may collect subsequent Bonus Sweepstakes Entries, as defined and described below. The use of cheating, hacking, other deceptive or fraudulent methods, and/or automated software or computer programs (including any registrations, entries, and/or votes generated by script, macro, robotic, programmed, or any other automated means or any other means which subvert the entry process) to register for, enter into and/or vote in the Promotion is prohibited, and any individual who uses or attempts to use such methods to register or to enter will be disqualified and related registrations, entries and/or votes will be void. Valid entries must contain all information requested. Incomplete entries will be disqualified. In the event of a dispute as to the identity of an Entrant, the authorized account holder of the Facebook or email account used for entry will be deemed to be the Entrant and he/she must comply with these Official Rules. The potential Winners (as defined below) may be required to show proof of being the authorized account holder. The “authorized account holder” is the natural person assigned to the Facebook or email account by Facebook or the email provider, respectively. Any communication or information transmitted through entry, by email or otherwise is and will be treated as non-confidential and non-proprietary. All entries will be provided to and become the property of the Sponsor (including all intellectual property associated therewith) and will not be acknowledged or returned. Entrant acknowledges and agrees that all information submitted by Entrant 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 Entrant’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 Promotion Period will not be accepted and will be destroyed.
  1. CONTENT RESTRICTIONS. Participants must not include any of the following content (the “Content Restrictions”) in any Photo Entry and/or Sweepstakes 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 Photo Entry and/or Sweepstakes Entry is created. Any Photo Entry and/or Sweepstakes Entry that does not comply with the foregoing, in the sole discretion of Sponsor, will be disqualified and eliminated from consideration.
    1. BONUS SWEEPSTAKES ENTRIES.
      1. How to Earn Bonus Sweepstakes Entries. You will have the opportunity to earn bonus entries in the Sweepstakes Portion (each, a “Bonus Sweepstakes Entry”), as awarded by the Gleam App. Please note: the opportunities to earn Bonus Sweepstakes Entries require the Participant to complete the action described (e.g., visiting a page or following an account) by clicking the appropriate link within the Gleam App. Visiting a page or following an account outside of the Gleam App will not earn the Participant Bonus Sweepstakes Entries. The Gleam App will award each Entrant Bonus Sweepstakes Entries for the following:
        • Five (5) Bonus Sweepstakes Entries for uploading a Photo Entry via the Gleam App, which will also enter you in the Contest Portion of the Promotion
        • Three (3) additional Bonus Sweepstakes Entries if your Photo Entry features a decorated or carved pumpkin that includes a pest via the Gleam App
        • Three (3) Bonus Sweepstakes Entries for visiting the HomeTeam Pest Defense Facebook page (https://www.facebook.com/hometeampest) via the Gleam App
        • One (1) Bonus Sweepstakes Entry for signing up for the eBugBites newsletter via the Gleam App
        • One (2) Bonus Sweepstakes Entry for following the HomeTeam Pest Defense Twitter® account (https://twitter.com/PestDefense) via the Gleam App
        • One (1) Bonus Sweepstakes Entry for visiting the HomeTeam Pest Defense Pinterest® account (https://www.pinterest.com/pestdefense) via the Gleam App
        • One (1) Bonus Sweepstakes Entry for following the HomeTeam Pest Defense LinkedIn® page (https:// linkedin.com/company/hometeam-pest-defense) via the Gleam App
        • One (1) Bonus Sweepstakes Entry for visiting the HomeTeam Pest Defense YouTube® channel (https://www.youtube.com/user/HomeTeamPestDefense) via the Gleam App
        • Five (5) Bonus Sweepstakes Entries for each of your Facebook friends who you invited to participate in the promotion via the Gleam App and completes his/her Sweepstakes Entry (each, an “Invitation”)
        • One (1) Bonus Sweepstakes Entry for sharing the Promotion on Twitter via the Gleam App.
        • One (1) Bonus Sweepstakes Entry for visiting the HomeTeam Pest Defense website (https://www.pestdefense.com) via the Gleam App

The foregoing actions can and may only be taken one (1) time by each Entrant. By way of example:

        • Subsequently unfollowing or unsubscribing from the HomeTeam Facebook, Twitter, LinkedIn and/or YouTube accounts and then re-following or re-subscribing such page or account will not earn Entrant any additional Bonus Sweepstakes Entries.
        • Entrant may only obtain one (1) Bonus Sweepstakes Entry by sharing the Promotion on his/her Twitter by clicking the appropriate link within the Gleam App, which can only be done immediately following entry into the Promotion. Independently tweeting a link to the Promotion not using the Gleam App will not allow you to collect additional Bonus Sweepstakes Entries.
      1. Invitation Terms and Conditions. Following your Entry into the Promotion, you will be prompted with a screen allowing you to invite your friends via email to enter the Promotion. Your friend must then click on the link in the invitation you sent and enter the Promotion in order for you to receive five (5) Bonus Sweepstakes Entries. You are able to receive unlimited Bonus Sweepstakes Entries collected via this method, provided, however, you must invite your friends to enter via the Gleam App immediately following entry into the Promotion.

 

  1. VOTING, WINNER SELECTION AND ODDS OF WINNING. At the close of the Promotion Period, there will be three (3) Contest Portion winners (each, a “Contest Winner”) and three (3) Sweepstakes Portion winners (each, a “Sweepstakes Winner”), selected as follows:
    1. Contest Winner Selection. During the Promotion Period, visitors to the Promotion Gallery will have the opportunity to vote for their favorite Photo Entry. Only one (1) vote per unique Facebook account and/or email address will be accepted. The three (3) Photo Entries with the most votes at the close of the Promotion Period will be the Contest Winners: the Photo Entry with the most votes will be deemed the “Grand Prize Contest Winner,” the Photo Entry with the second most votes will be deemed the “Second Place Contest Winner,” and the Photo Entry with the third most votes will be deemed the “Third Place Contest Winner.” Odds of being selected as a Contest Winner will depend on the total number of eligible Photo Entries submitted and the number of eligible votes cast for each Photo Entry.
    2. Sweepstakes Winner Selection. On or about November 5, 2019, Administrator or Sponsor will select three (3) Sweepstakes Winners from among all eligible Entries. Odds of being selected as a Sweepstakes Winner will depend on the total number of eligible Sweepstakes Entries received.
  1. PROMOTION WINNER NOTIFICATION. The potential winners will be notified via e-mail or other method, at Sponsor’s discretion, within thirty (30) days of the close of the Promotion Period or as soon thereafter as reasonably practicable. Potential winners must follow instructions given by Sponsor or designated agent, including, but not limited to, responding to notification with requested information, within forty-eight (48) hours 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, a 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 seven (7) 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 seven (7) 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 Photo Entries or Sweepstakes Entries, as applicable. Up to three (3) alternate winner drawings may be conducted for each unawarded Promotion 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 Entrants selected according to the process outlined under Section 5 of these Official Rules. Under no circumstances will more than the advertised number of prizes be awarded.
  1. PROMOTION PRIZES.Exactly six (6) prizes (each, a “Prize”) will be awarded in connection with this Promotion (three (3) Prizes in connection with the Contest Portion and three (3) Prizes in connection with the Sweepstakes Portion) as follows:
    • One (1) Grand Prize Contest Winner will receive a $500 Amazon® gift card with an ARV of US $500.00.
    • One (1) Second Place Contest Winner will receive a $250 Amazon® gift card with an ARV of US $250.00.
    • One (1) Third Prize Contest Winner will receive a $100 Amazon® gift card with an ARV of US $100.00.
    • Three (3) Sweepstakes Prize Winners will each receive a $50 Amazon® gift card, each with an ARV of US $50.00.

 

Total ARV of all Promotion Prizes: US $1,000.00

All trademarks are the property of their respective owners and are herein used for purposes of prize description only and such use is not intended to suggest or imply the sponsorship, endorsement, or approval of this Promotion by the owner of said trademark.

  1. GENERAL PRIZE LIMITATIONS AND CONDITIONS. Prizes may not be transferred or substituted for cash. All prizes under this Promotion are awarded “AS IS.” Sponsor does not 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 this 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 $600.00 or more. Gift cards 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.
  1. PUBLICITY AND 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 Entrant to Sponsor’s customer database and to contact Entrant in the future for promotional and other reasons. You may opt-out of receiving such communications as set forth in Sponsor’s Privacy Policy accessible at: http://www.pestdefense.com/legal or as provided within any such marketing materials (e.g., using the “Unsubscribe” feature provided in the footer of Sponsor’s emails). We may use email or social media channels 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.
  1. NO LIABILITY AND INDEMNIFICATION. Sponsor, Administrator and Facebook are not responsible for and Entrants release Sponsor, Administrator and Facebook from any failures of any kind, whether caused by computer, technical, or human error, which may either limit the Entrant’s ability to submit a Photo Entry and/or Sweepstakes 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, Facebook, 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 Facebook; 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 Facebook 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.

 

  1. 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 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 Texas 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 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.

 

  1. REQUEST FOR NAMES OF PRIZE WINNERS AND OFFICIAL RULES. For a list of Winners and/or a copy of these Official Rules, send an email to social@pestdefense.com with “Request for List of Winners” or “Request for Official Rules,” as applicable, in the subject line; or send a self-addressed stamped envelope to: HomeTeam® HalloWin Contest and Sweepstakes, Attention: Marketing Dept., 1341 W Mockingbird Lane, Suite 850 Dallas, TX 75247. All requests for a copy of the Official Rules and the names of prize Winners must be made by December 31, 2019. 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.

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