These are the rules of the Ban.do Micro-Contests (the “Micro-Contests”). The Micro-Contests are intended for participation only in the states of the United States and the District of Columbia (the “U.S.”) and are governed by U.S. law. Do not participate in a Micro-Contest if you are not a legal resident of the U.S. or in the U.S. when you enter, or if you are not eligible as described below, or if you do not agree to the terms below.
Ban.do Micro-Contests OFFICIAL RULES
NO PURCHASE, DONATION OR PAYMENT NECESSARY TO WIN. A PURCHASE, DONATION OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
CONTEST DESCRIPTION: Ban.do Designs, LLC, a Kentucky limited liability company with its principal place of business located at 134 Beech Bend Road, Bowling Green, KY 42101 (“Ban.do”, or sometimes “we” or “us”), will hold a series of small giveaway promotions, which we call “Micro-Contests.” Each Micro-Contest will involve a specific prompt, a specific prize or prizes, and a specific entry period, each of which will be identified when the particular Micro-Contest is announced. These Rules are generally applicable to all of the Micro-Contests, unless the terms of a particular Micro-Contest state otherwise. By participating in any Micro-Contest, you unconditionally accept and agree to abide by these Official Rules and the decisions of Ban.do, which shall be final and binding in all respects. Ban.do reserves the right to modify or terminate any Micro-Contest if conditions arise that demand it.
ELIGIBILITY: Only legal residents of the U.S. who have reached the age of majority in their state of residence at the time of entry into a Micro-Contest, and are located in the U.S. at the time of entry, are eligible to enter a Micro-Contest. Employees of Ban.do or its affiliates, distributors, retailers, sales representatives, advertising and promotion agencies are ineligible to enter a Micro-Contest or win any prize in connection with any Micro-Contest. Each Micro-Contest is subject to all applicable federal, state, municipal, and local laws and regulations and is void outside the U.S. and where prohibited.
HOW TO ENTER: You may submit an entry for each Micro-Contest, but you may enter only once for any particular Micro-Contest. For each Micro-Contest you enter, you must complete the tasks identified in that Micro-Contest within the time allotted by the rules for that particular Micro-Contest. For purposes of these Rules and the rules of any Micro-Contest, each day will begin at 6:00 a.m. PDT and will end at 6:00 p.m. PDT. All entries must be actually received no later than the deadline provided in the particular Micro-Contest to be eligible. The bando.com database clock will be the official time keeper for all Micro-Contests.
By entering a Micro-Contest, you consent to give Ban.do a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display such entry in whole or in part, on a worldwide basis, in perpetuity, and to incorporate it into other works, in any form, media, or technology now known or later developed, for any purpose whatsoever, including for promotional, advertising, or marketing purposes.
PRIZES AND APPROXIMATE RETAIL VALUES: The prizes available for each Micro-Contest and their approximate retail values will be identified in the promotion for that Micro-Contest. No cash alternative or prize substitutions will be available, but Ban.do retains the right to substitute a prize of comparable or greater value or, at Ban.do’s election, the cash value of the applicable prize, if the identified prize is unavailable for any reason.
WINNER SELECTION AND NOTIFICATION: The winner(s) of each Micro-Contest will be determined at a time to be stated in each Micro-Contest. We will attempt to contact each prize winner using the contact information provided by the winning entrant at the time of entry. If the selected entrant cannot be reached or does not claim his or her prize, we may award that prize to another entrant chosen from the remaining eligible entries using the criteria to the particular Micro-Contest, but we will have no obligation to do so. Ban.do will have no liability for any winner notification that the winner does not receive for any reason. If any prize or prize notification is returned as undeliverable, if any entrant rejects his/her prize, or in the event of noncompliance with these rules, that prize will be forfeited without compensation. Odds of winning any particular Micro-Contest will depend on the number of eligible entries received during that Micro-Contest period. Ban.do has no way of knowing or accurately estimating the number of such entries.
Micro-Contests will be in different formats, and the winners will be determined as follows (unless otherwise stated in the rules for a particular Micro-Contest):
“First” contests: these contests, such as “first person to send us a snap of” a particular subject, will be won by the first eligible person to complete the task. We will determine whether you have completed the task by using our best judgment, and we will determine who was first by the time of our receipt. If a Micro-Contest calls for more than one winner, we’ll use the same method to pick the first two, or five, or whatever the number is.
“Random” or “a chance to win” contests: these contests say we’ll pick a random winner from those who do a certain task, or ask you to do a task for “a chance to win,” or you “could win.” We will pick from eligible entrants who complete the task within the time listed in the particular contest. We will use some appropriate way of making sure our pick is random. If we get an eligible entry, someone will win.
“Favorite” or “best” contests: these contests ask participants to submit something (such as a photo or a comment) and we’ll pick our favorite or we’ll pick the “best” of the timely entries submitted by eligible participants. The decision will by its nature be subjective, but we will choose the one (or ones) that we, in our good faith subjective judgment, think is the best, or is our favorite.
GENERAL PRIZE CONDITIONS: Prize winners will be solely responsible for any applicable federal, state, municipal and/or local taxes, and for any other fees or costs associated with the prize awarded. We will pay for shipping, but any other expenses not specifically stated as being included are excluded and are the responsibility of the winner. Prizes will be shipped no later than 60 calendar days after the winner of the particular Micro-Contest has been chosen. We will not be liable for loss or damage of prizes in shipping after they have left our possession.
GENERAL RELEASE AND INDEMNITY: Except where prohibited, participation in a Micro-Contest constitutes a winner’s permission for us to use the winner’s name, photograph, likeness, and city and state of residence for advertising and/or publicity purposes, related to a Micro-Contest only, worldwide and in all forms of media now known or hereafter developed, in perpetuity, without further compensation, and each entrant hereby releases Ban.do and its employees and agents from any liability with respect to any such use. Each entrant agrees that Ban.do and any applicable social media platform (Facebook, Instagram, Twitter, etc.), and their employees and agents, are not responsible for, and are released from any liability for, any incorrect or inaccurate information; technical failures of any kind; unauthorized human intervention in any part of the entry process for a Micro-Contest; technical or human error which may occur in the administration of a Micro-Contest or the processing of entries; any losses, damages or injuries of any kind resulting from participation in a Micro-Contest, or from entrants’ acceptance, receipt, possession, use, and/or use or misuse of any prize, including any personal injury arising from any defect in any prize; or any damage to your computer system which occurs by accessing Ban.do’s website or participating in a Micro-Contest. Ban.do makes no warranty, representation, or guarantee, express or implied, in fact or in law, with respect to any prize, including, without limitation, concerning such prize’s quality or fitness for a particular purpose. In the event of a dispute as to the identity of an entrant which cannot be resolved to Ban.do’s satisfaction, the entry will be deemed ineligible. Ban.do reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of a Micro-Contest or the Ban.do website; to be acting in violation of these Official Rules, in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of a Micro-Contest, or to annoy, abuse, threaten, or harass any other person; or attempting to do any of the foregoing, and Ban.do reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. No mechanically reproduced, illegible, incomplete, forged, software-generated or other automated multiple entries will be accepted. EACH ENTRANT AGREES TO RELEASE, DISCHARGE, DEFEND, INDEMNIFY AND HOLD HARMLESS BAN.DO FROM ANY AND ALL INJURIES, LIABILITY, LOSSES, AND DAMAGES OF ANY KIND, INCLUDING PERSONAL INJURY OR DEATH, TO PERSONS OR PROPERTY RESULTING, IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ENTRANT’S PARTICIPATION IN A MICRO-CONTEST OR ANY RELATED ACTIVITY OR THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF ANY AWARDED PRIZE, OR ENTRANT’S BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT SET FORTH HEREIN, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, INVASION OF PRIVACY, COPYRIGHT INFRINGEMENT, TRADEMARK INFRINGEMENT, OR ANY OTHER INTELLECTUAL PROPERTY-RELATED CAUSE OF ACTION. Ban.do reserves the right, in its sole discretion, to cancel, terminate, modify, extend or suspend any Micro-Contest should virus, bugs, non-authorized human intervention, fraud, or other causes beyond its control corrupt or affect the administration, security, fairness, or proper conduct of such Micro-Contest, as determined by Ban.do in its sole discretion. In such case, Ban.do may select the winners from all eligible entries received prior to and/or after (if appropriate) the action taken by Ban.do, but shall not be obligated to do so.
DISPUTES: By entering a Micro-Contest, each entrant agrees that: (a) any and all disputes, claims, and causes of action arising out of or connected with a Micro-Contest or any prize(s) awarded, shall be resolved individually, without resort to any form of class action; (b) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering a Micro-Contest, but in no event will attorneys’ fees be awarded or recoverable; and (c) under no circumstances will any entrant be permitted to obtain any award for, and each entrant hereby knowingly and expressly waives all rights to seek, punitive, incidental, or consequential damages and/or any other damages, other than actual out-of-pocket expenses, and/or any and all rights to have damages multiplied or otherwise increased.
VENUE/JURISDICTION: EACH ENTRANT HEREBY IRREVOCABLY CONSENTS AND SUBMITS TO THE EXCLUSIVE JURISDICTION OF THE STATE AND FEDERAL COURTS, AS APPLICABLE, LOCATED WITHIN THE COMMONWEALTH OF KENTUCKY IN CONNECTION WITH ANY PROCEEDING ARISING OUT OF OR RELATING TO THIS SWEEPSTAKES AND WAIVES ANY OBJECTION TO VENUE IN SUCH COURTS.
SEVERABILITY: The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. If any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in full force and effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
ENTRANT’S PERSONAL INFORMATION AND ACCEPTANCE OF TERMS:
and (2) agree that you may receive marketing materials and other solicitations from Ban.do.
By entering any Micro-Contest, you agree that Ban.do and its affiliates and promotion partners are the owners of all trademarks, trade names, copyright, logos, designs, materials, and other intellectual property associated with the Micro-Contest.
WINNERS LIST: For the list of prize winners or a copy of these Official Rules, mail a self-addressed, stamped envelope with the date and nature of the particular Micro-Contest of interest, to: Ban.do Designs, LLC, 134 Beech Bend Road, Bowling Green, KY 42101 (Vermont residents may omit return postage on requests for Official Rules) so that it is received by Ban.do no later than six months following the end of the particular Micro-Contest Period.
MICRO-CONTESTS ARE IN NO WAY SPONSORED, ENDORSED, OR ADMINISTERED BY, OR ASSOCIATED WITH, FACEBOOK, INSTAGRAM, TWITTER, OR ANY OTHER SOCIAL MEDIA PLATFORM. BY ENTERING, YOU ARE PROVIDING YOUR INFORMATION TO BAN.DO AND NOT TO ANY SUCH SOCIAL MEDIA PLATFORM. Any and all questions, comments or complaints regarding a Micro-Contest must be directed solely to Ban.do.