Party City®

Boo-Loon Sweepstakes

OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER.  A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.  BY ENTERING THE SWEEPSTAKES, YOU AGREE TO THESE OFFICIAL RULES, WHICH FORM A CONTRACT.

  1. SPONSOR: Party City Corporation (“Party City”), 25 Green Pond Rd., Suite #1, Rockaway, New Jersey, 07866.

  2. ELIGIBILITY: The Boo-Loon Promotion (the “Promotion”) is offered to legal residents of the 50 United States and the District of Columbia (“Entrant”). Void where prohibited or restricted by law.

  3. GIVEAWAY PERIOD: The Promotion starts on September 16, 2021 at 9:00am and ends at 11:59 PM EST on October 1, 2021 (“Promotion Period”).

  4. HOW TO ENTER:

    Online: Visit http://www.partycity.com/booloons-sweeps and submit your vote for your favorite Halloween Boo-Loon Project along with your contact information.

    Limit one (1) entry per entrant per day during the entire Promotion Period. If you use fraudulent methods or otherwise attempt to circumvent the rules, at Sponsor’s discretion, any or all your entries may be removed from eligibility and you (or anyone whose information you may have entered without consent) will be disqualified from participating in the Promotion. In the event of a dispute about entries submitted by multiple individuals using the same contact information, the entry will be deemed to have been submitted by the authorized account holder of the email account used to enter the Promotion at the actual time of entry. 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. Potential winners may be required to show proof of being the authorized account holder. Multiple entries per person in excess of the entry limit are prohibited. Proof of entry submission is not proof of receipt or eligibility for this Promotion. ANY MAIL-IN ENTRIES SUBMITTED WILL NOT BE ACCEPTED, WILL BE VOID AND AUTOMATICALLY DESTROYED WITHOUT OPENING. Use of any automated system to participate is prohibited and will result in disqualification. Incomplete, illegible, false or deceptive entries are void. All entries become property of Sponsor and will not be acknowledged.

  5. SELECTION OF WINNERS/ODDS: Five (5) winners will be randomly selected by October 7, 2021 (“Raffle Drawing”). The Raffle Drawing will be made from all the entries properly submitted prior to the Raffle Drawing. The Raffle Drawing will be conducted by Sponsor. The Raffle Drawing Winners will be announced on October 8, 2021. Sponsor will notify potential winners promptly after the Raffle Drawing via email, mobile telephone (if provided), or through other means of communication provided by entrant. Each entrant or Nominee may only win once.

    The odds of winning depend on the number of eligible entries received.

  6. PRIZE AND APPROXIMATE RETAIL VALUE:

    Five (5) Grand Prizes: $250 Party City gift cards.

    No transfer, assignment or substitution of prize (in whole or in part) is allowed, except that Sponsor reserves the right to substitute a similar prize of comparable or greater value. Any difference between the estimated approximate retail value and the actual value of any Prize will not be awarded. Sponsor bears no responsibility if any Prize, element or detail of a prize is canceled, postponed or becomes unavailable for any reason. Sponsor is not responsible if the Promotion is delayed, postponed, or canceled for any reason. Prizes must be claimed as set forth below. All federal, state and local taxes, if any, are the sole responsibility of the Winner(s). In no event will more than the stated number or description of prizes be awarded in this Promotion. . Any prize pictured or mentioned in advertising or Promotion materials is for illustrative purposes only and may not be the actual prize awarded.

  7. HOW TO CLAIM A PRIZE: All prize claims are subject to verification by Sponsor. You are not a Winner until your prize claim has been timely received and verified by the Sponsor, your entry and eligibility have been verified, you have complied with these Official Rules, and you have signed a Declaration of Compliance and Release in the form as furnished to you by the Sponsor. Each potential winner may be required to furnish proof of identification and other proof of eligibility under these Official Rules. The Grand Prize will be forfeited if the prize claim is not timely received according to the instructions and by the prize claim deadline provided in the notification.

    The submission of prize claims is the sole responsibility of the Entrant, who assumes all risk of loss, damage, destruction, delay and misdirection of any communications and/or materials.

    Delivery of the Grand Prize to the Nominee will be made electronically by email. If a potential winner is found to be ineligible or not in compliance with these Official Rules, declines to accept the prize, cannot be contacted or fails to timely respond after two separate attempts, or in the event the prize confirmation or prize is returned, undeliverable, or not (timely) responded to, the Grand Prize will be forfeited, and may, in Sponsor’s sole discretion, be awarded to an alternate potential winner selected at random from the pool of eligible Entrants (time permitting).

  8. LIMITATION OF LIABILITY: : Party City and its affiliates (collectively the “Promotion Entities”) are not responsible for illegible, lost, late, incomplete, stolen, misdirected (including into spam/junk folders), postage due, returned, or undeliverable entries, texts, email or postal mail, or any other Promotion related communications; or for any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections, or availability; or garbled, corrupt, or jumbled transmissions, service provider/Internet/website use, net accessibility, incompatibility, availability or traffic congestion; or any technical, mechanical, printing, typographical or other error, unauthorized human intervention, or the incorrect or inaccurate capture of registration information, or the failure to capture, or loss of, any such information. The Promotion Entities are not responsible for any incorrect or inaccurate information, whether caused by any Website users, tampering, hacking, or by any of the equipment or programming associated with or used in the Promotion and assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, technical error, theft, destruction or unauthorized access to any website(s). Promotion Entities are not responsible for any injury, including death, disability or other damage, whether personal or property, to Entrants or to any person’s computer or mobile device related to or resulting from participating in the Promotion and/or accepting a Prize. If, for any reason, the Promotion is not capable of running as planned, Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Promotion, including the selection of prize winners in a manner it deems fair and reasonable from among eligible entries received prior to such cancellation, termination, modification or suspension. If because of technical, typographical, mechanical or other errors or for any other reason, there are more claims for a prize than prizes offered as stated in these Official Rules, a random drawing will be held among all eligible claimants in such category to award such prize.

    IN NO EVENT WILL THE PROMOTION ENTITIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THIS PROMOTION, PARTICIPATION IN PROMOTION AND/OR PRIZE RELATED ACTIVITIES, LOSS OF DATA, THE USE OR MISUSE OF A PRIZE, ACCESS TO AND USE OF ANY PARTICIPATING WEBSITES OR THE DOWNLOADING FORM AND/OR PRINTED MATERIAL AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY WEBSITES ASSOCIATED WITH THIS PROMOTION. WITHOUT LIMITING THE FOREGOING, THIS PROMOTION, THE OFFICIAL RULES AND THE GRAND PRIZE(S) ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

  9. GENERAL: If it is suspected by Sponsor in its sole and absolute discretion that an Entrant has registered or attempted to register more than the limit imposed in this Promotion, including but not limited to using multiple identities or multiple entries per day or entertain information of another without permission, then all of the Entrant’s entries will be declared null and void and any prize an Entrant might have been entitled to will not be awarded. Sponsor reserves the right to disqualify any individual in its sole and absolute discretion, including but not limited to any individual suspected of, or found, in its sole opinion, to be tampering with the operation of the Promotion; to be acting in violation of these Official Rules; or to be acting in an unsportsmanlike manner or with the intent to disrupt the normal operation of a Promotion. ANY ATTEMPT TO DELIBERATELY DAMAGE ANY PARTY CITY STORE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.. Sponsor will use reasonable commercial efforts to discard all entries and/or materials submitted by the Entrants promptly following completion of the Promotion. In the event of any conflict with any Promotion details contained in these Official Rules and Promotion details contained in Promotion materials (including but not limited to point of sale, television, and print advertising, Promotion packaging, and other Promotion media, and any communications made by any person in any medium), the details of the Promotion as set forth in these Official Rules shall prevail.

  10. RELEASE, INDEMNITY & GENERAL CONDITIONS OF PARTICIPATION: By entering the Promotion, each Entrant agrees, to the fullest extent permitted by law to be bound by these Official Rules and by all applicable laws and decisions of Sponsor which shall be legally binding and final, and to waive any right to claim ambiguity with respect to these Official Rules. To the maximum extent permitted by law, Entrants and winner(s) agree to waive, release, indemnify, defend and hold harmless Sponsor and all other Promotion Entities, their parents, affiliates, subsidiaries and divisions, and their respective directors, officers, employees and agents, and any social media platforms (“Released Parties”) from and against any and all threatened or actual actions, liabilities, claims, demands, losses, lawsuits, judgments, settlements, fines, damages, costs and expenses (including reasonable attorney fees) whether or not litigation is commenced arising at any time from the Promotion and any element thereof; the entry (in whole or in part); participation (including travel) in any Promotion, event, and/or prize-related activity, or inability to receive or participate in, or parts thereof; the delivery, acceptance, use, mis-use of a prize or any failure with respect thereto by any person or entity; personal injuries including death, damage to or destruction of property, violation of any rights of publicity or privacy, loss, disclosure or destruction of personal data, defamation or portrayal in a false light (whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty or other theory arising from or relating directly or indirectly to the Promotion and any element thereof; any act, default, omission, non-compliance, and/or a violation or breach of any law or agreement, representation, warranty or covenant made herein, or any other agreements by/with Entrant, the Sponsor and/or any Promotion Entity or Released Party, or any other third-person or entity who may not be a party to these Rules.

    To the maximum extent permitted by law, Entrants and winner(s) covenant not to sue any Released Party or cause them to be sued regarding any matter released above; and further covenant not to disaffirm, limit or rescind any other releases in these Rules to the fullest extent permitted by law. A waiver by one or more of the Promotion Entities of any term in these Rules does not constitute a waiver of any other provision. If any item or provision contained in these Rules or any part thereof is declared or becomes unenforceable, invalid or illegal for any reason, all other terms and provisions of these Rules shall remain in full force and effect as if executed without the offending provision appearing therein.

    Promotion Entities shall not be liable to Winner or any other person or entity for failure to execute the Promotion, or any part thereof, or supply a prize in whole or in part, by reason of any event beyond the Sponsor’s reasonable control, including but not limited to any act of God, any action(s), regulation(s) order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, event delay or cancellation.

  11. DISPUTES: Except where prohibited, Entrant agrees that any and all disputes, claims and causes of action arising out of or connected with this Promotion or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate federal or state court of the State of New Jersey and Entrant hereby submits to the exclusive jurisdiction of such courts and waives any objection it might have based upon improper venue or inconvenient forum. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Entrant and Sponsor in connection with the Promotion shall be governed by, and construed in accordance with, the laws of the State of New Jersey, without giving effect to any choice of law or conflict of law rules (whether of the State of New Jersey or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New Jersey.

  12. PRIVACY POLICY:Any personally identifiable information collected during an Entrant's participation in the Promotion will be collected by Sponsor or its agent, and will be used by Sponsor, its affiliates, agents and marketers for purposes of the proper administration and fulfillment of the Promotion as described in these Official Rules and in accordance with Sponsor's Privacy Policy as stated at http://www.partycity.com/privacy. By participating in the Promotion, each entrant agrees to the terms of the Sponsor’s Privacy Policy.

  13. Severability: The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.