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Trick or Treat: The Great Halloween Caption Sweepstakes Official Rules

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TRICK OR TREAT: THE GREAT HALLOWEEN CAPTION SWEEPSTAKES OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.

VOID WHERE PROHIBITED.

1. Eligibility. The Trick or Treat/The Great Halloween Caption Sweepstakes (“Sweepstakes”) is open only to legal residents of the fifty (50) United States and the District of Columbia who are 18 years of age or older at the time of entry (“Entrant”). Employees, contractors and directors of Trebco Specialty Products, Inc. (“Sponsor”), Wubbanub Online, LLC or any other party involved in this Sweepstakes in any way (and any of their parents and affiliate companies), as well as their immediate family members (spouse, parents, siblings and children), regardless where they reside, and household members, are not eligible to enter. The Sweepstakes is subject to applicable federal, state and local laws and regulations and is void where prohibited. Participation in the Sweepstakes constitutes your full and unconditional agreement to be bound by these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein.

2. Timing. The Sweepstakes begins on October 25, 2016 and ends on November 5, 2016 (the “Entry Period”). For the purposes of this Sweepstakes, a “day” is defined as a calendar day beginning at 12:00:00 a.m. Eastern Time (“ET”) and ending at 11:59:59 p.m. ET. Sponsor’s computer is the official time-keeping device for the Sweepstakes. Entries must be received during the Entry Period to be eligible for the Sweepstakes.

3. How to Enter. Entry is free and no purchase is necessary. Each Entrant may submit one entry (“Entry”). All Entries must be received no later than 11:59:59 p.m. ET on November 5, 2016.

You may submit an Entry as follows:
A. Photographic Entry: You may submit an entry form along with a photograph of a child (the “Child”) in a costume with a Wubbanub® product (the “Photograph”) and a caption for the Photograph that references a Halloween theme (together, a “Photographic Entry”). YOU MUST BE THE PARENT OR LEGAL GUARDIAN OF THE CHILD DEPICTED IN THE PHOTOGRAPH AT THE TIME OF ENTRY.

To enter and submit the Photograph, visit https://experiences.offerpop.com/campaign/?experience=580dceac23847f6ac69b854c and complete the form on the landing page and follow the onscreen prompts to upload the Photograph.

The Photograph, in its entirety, must be a single work of original material taken by the Entrant. By submitting a Photograph and caption, Entrant represents, acknowledges and warrants that the Entrant is the sole owner of the Photograph and caption, that the Photograph and caption are original works created solely by the Entrant, that the Entrant has all rights to the Photograph and caption and that the Photograph and caption do not infringe on the copyrights, trademarks, moral rights, rights of privacy/publicity or intellectual property rights of any person, living or deceased, or any entity, and that no other party has any right, title, claim, or interest in the Photograph or caption. Entrant also represents, acknowledges and warrants that Entrant is the parent or legal guardian of the Child depicted in the Photograph at the time of entry and that Entrant has the right and authority to grant Sponsor all rights granted herein, including but not limited the right to use the name, image and likeness of the Child in connection with the Sweepstakes or for marketing or promotional purposes of Sponsor, and does hereby grant Sponsor all such rights.

Entrant grants Sponsor a perpetual, worldwide, irrevocable, non-exclusive, royalty-free, sub-licensable and transferable license to edit, publish, use, reproduce, display, adapt, exploit, modify, create derivative works or dispose of the Photograph and caption, in whole or in part, online, in print, film, television, or in any other media now or hereafter known throughout the world in perpetuity without compensation, permission or notification to the Entrant or any third party, in connection with the Sweepstakes or for marketing or promotional purposes of Sponsor. Entrant consents to the Sponsor doing or omitting to do any act that would otherwise infringe the “moral rights” of Entrant or the Child.

By submitting a Photographic Entry, Entrant grants permission for the Photograph and caption to be posted on Sponsor’s websites, Sponsor’s Instagram and Facebook pages, in e-mails from Sponsor, on Sponsor’s blogs and on social network or social media channels (including, but not limited to Twitter, Tumblr, Pinterest) and as Sponsor otherwise sees fit in Sponsor’s promotional programs. Entrant understands that the Photograph and/or caption may be shared by other Instagram, Facebook and social media users. Entrant hereby grants Sponsor an unlimited license to use the Photograph and caption in any form or manner and to alter or amend the Photograph and caption in any way.

By submitting a Photographic Entry, Entrant acknowledges and agrees that Sponsor may obtain many Photographs and captions in the Sweepstakes and that your Photograph and caption may be similar or identical in theme, idea, format or other respects to others submitted in the Sweepstakes or other promotions sponsored by the Sponsor, or to other ideas conceived by or provided to Sponsor, and you waive any and all claims you have or may have, now or in the future, that any Photograph, caption and/or other works accepted, reviewed and/or used by the Sponsor (or its designees) are similar or identical to your Photograph or caption. Except where prohibited by law, you acknowledge and agree that the Sponsor does not have now, nor shall it have in the future, any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of any copyright in and to your Photograph and caption.

Sponsor will post select Photographs and captions in Sponsor’s sole discretion. Sponsor reserves the right to reject, modify or remove any submitted or posted Photograph or caption, even if the Photograph and caption have already been made available to the public. Any Photograph and/or caption that, in the sole and unfettered discretion of the Sponsor, contains obscene, offensive, profane, lewd, defamatory, sexually explicit or otherwise objectionable or inappropriate content, is inconsistent with Sponsor’s image or reputation or contains any proper names, third party materials (including logos), images of minors, or otherwise violates or infringes any copyright, trademark, service mark, logo or design that identifies a brand or other proprietary right of any person living or deceased (including but not limited to rights of privacy or publicity or portrayal in a false light) will not be accepted as an eligible Entry and disqualifies the Entrant from participation in the Sweepstakes. Sponsor has sole discretion to determine whether an Entry qualifies as a proper Entry. Any Entry not in compliance with the foregoing and which does not meet the requirements of these Official Rules will be disqualified.

B. Alternative Method of Entry: In lieu of uploading a Photograph, you may enter by filling in an entry form on https://experiences.offerpop.com/campaign/?experience=580dceac23847f6ac69b854c.

Use of any automated system or devices to subvert the entry process to participate is prohibited and will result in disqualification (and all associated entries will be void). Released Parties (as defined in Section 8, below) are not responsible for any lost, late, stolen, damaged, incomplete, invalid, unintelligible, garbled, delayed or misdirected Entries, which will be disqualified. Once submitted, all entries become the exclusive property of Sponsor, and will not be acknowledged or returned. In the event of a dispute as to the identity of an Entrant, the authorized account holder of the email, Facebook or Instagram account will be deemed to be the Entrant and he/she must comply with the Official Rules. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. A potential winner may be required to show proof that he/she is the authorized account holder.

4. Winner Selection. Sponsor will select the name of one (1) Entrant in a random drawing from among all eligible Entries received during the Entry Period on or about November 7, 2016 (“Potential Winner”). Potential Winner will be notified by email on or before November 11, 2016 (the “Notice”). By entering, you grant permission to be contacted by Sponsor via email in connection with the Sweepstakes. Potential Winner must comply with all terms and conditions of these Official Rules and the awarding of the Prize is contingent upon fulfilling all requirements. A Potential Winner will become an official winner (“Official Winner”) once the Potential Winner’s eligibility has been verified and Potential Winner has been notified that verification is complete. Sponsor’s decisions are final and binding in all matters related to the Sweepstakes.

5. Verification of Potential Winners. The Potential Winner may be required to sign and return an Affidavit of Eligibility, Liability & Publicity Release (collectively an “Affidavit”) and provide an IRS W9 or other tax related form, which must be received by Sponsor within ten (10) days of the date of the Notice. If a Potential Winner cannot be contacted, fails to execute and return the Affidavit within the required time period, or the Prize is returned as undeliverable, or he/she refuses the Prize for any reason, Potential Winner forfeits the Prize and Sponsor will select an alternate Potential Winner by random drawing. Sponsor will make up to three (3) attempts to award the Prize. If after three (3) good faith attempts, Sponsor is unable to award the Prize, the Prize will not be awarded. Prizes will be awarded within thirty (30) days of notice to the Potential Winner that verification is complete.

6. Prize/Odds. The one Official Winner will receive a Sponsor selected Wubbanub® product with an approximate retail value of $13.99 (the “Prize”). Odds of winning are based on the number of eligible entries received. No cash or other substitution, assignment or transfer of any prizes permitted, except by Sponsor, who reserves the right to substitute a prize with cash or another prize of comparable or greater value. Prize will be awarded “as is” with no warranty or guarantee, either express or implied offered by Sponsor. Sponsor is responsible for any shipping and handling charges. Official Winner is responsible for all (if any) federal, state, and local taxes and fees associated with a prize. All prize details are at the sole discretion of the Sponsor.

7. Publicity. Except where prohibited, the acceptance of a Prize constitutes Entrant’s consent for the Sponsor to use the name, age, likeness, hometown and state of Entrant’s and the Child for promotional purposes in any media, without further payment or consideration. If you are selected as a winner, your information may also be included in a publicly-available winners’ list.

8. Release. By receipt of any Prize, you agree to release and indemnify Sponsor, Facebook, Inc., Instagram, Twitter and any organizations affiliated with the sponsorship, fulfillment, administration, prize support, advertisement or promotion of the Sweepstakes and each of their respective parent, subsidiaries, affiliates, suppliers, distributors, advertising agencies, media partners and prize suppliers, and each of their respective parents and affiliate companies and each such companies’ officers, directors, employees and agents (collectively, the “Released Parties”), from and against any losses, damages, rights, claims or causes of action of any kind, that Released Parties may incur in whole or in part, directly or indirectly, in connection with Entrant’s participation in the Sweepstakes or from Entrant’s acceptance, possession, use, or misuse of any Prize awarded in connection with the Sweepstakes.

9. Limited Liability. The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by Entrant, by printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (2) technical failures of any kind, including, but not limited, to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any aspect of the Sweepstakes; (4) printing, typographical, technical, computer, network or human error which may occur in the announcement of the prizes or in any Sweepstakes-related matter or materials; or (5) any injury or damage to Entrant or to other persons or property which may be caused from Entrant’s participation in the Sweepstakes and/or Entrant’s downloading of any materials related to the Sweepstakes. If for any reason, your Entry is confirmed to have been erroneously lost, or otherwise destroyed or corrupted, your sole remedy is another Entry in the Sweepstakes.

BY PARTICIPATING IN THE SWEEPSTAKES, ENTRANT AND CHILD HEREBY WAIVE, RELEASE AND AGREE TO HOLD HARMLESS THE RELEASED PARTIES FROM AND AGAINST ANY AND ALL RIGHTS, CLAIMS AND CAUSES OF ACTION WHATSOEVER THAT ENTRANT OR CHILD MAY HAVE, OR WHICH MAY ARISE, AGAINST ANY OF THE RELEASED PARTIES FOR ANY LIABILITY FOR ANY MATTER, CAUSE OR THING WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY INJURY, LOSS, DAMAGE, WHETHER DIRECT, COMPENSATORY, INCIDENTAL OR CONSEQUENTIAL, TO ANY PERSON AND/OR PROPERTY, ARISING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ENTRANT’S ACCEPTANCE, POSSESSION, USE OR MISUSE OF A PRIZE (IF APPLICABLE), OR ENTRANT’S PARTICIPATION IN THE SWEEPSTAKES. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

10. Disputes. Except where prohibited, by participating, you agree that any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any prizes awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court or the appropriate State Court located in or near New Haven, Connecticut. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Entrant, Child and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Connecticut, without giving effect to any choice of law or conflict of law rules (whether of the State of Connecticut or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Connecticut.

11. General Conditions. Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor in its sole discretion. Sponsor, in its sole discretion, reserves the right to disqualify any individual who tampers with the entry process or the operation of the Sweepstakes or who acts in violation of these Official Rules or in a disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

12. Entrant’s Personally Identifiable Information. Entrant agrees that personal data, including but not limited to the Entrant’s name and address and the first name and initial of the last name of the Child may be processed, shared, and otherwise used for the purposes and within the context of the Sweepstakes and any other purposes outlined in these Official Rules. Such data may also be used to verify the Entrant’s identity, postal address, and telephone number or to otherwise verify the Entrant’s eligibility to participate in the Sweepstakes.

13. Official Rules and Winner’s List. For a copy of these Official Rules or a list of the Sweepstakes winners, send a self-addressed stamped envelope with proper postage affixed to “Trick of Treat Sweepstakes” c/o Trebco Specialty Products, Inc., P.O. Box 636, Orange, Connecticut 06477. Vermont residents can omit return postage.

14. Sponsor: Trebco Specialty Products, Inc., P.O. Box 636, Orange, Connecticut 06477

This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Facebook, Instagram or Twitter. By entering, you understand that you are providing your information to the Sponsor and not Facebook, Instagram or Twitter.

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