365 Balloon Giveaway
OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING, AND ODDS OF WINNING DEPEND ON THE NUMBER OF ELIGIBLE ENTRANTS. BY ENTERING THE GIVEAWAY, YOU AGREE TO THESE OFFICIAL RULES, WHICH FORM A CONTRACT.
GIVEAWAY AND SPONSOR: Participation in the 365 Balloon Giveaway (the “Giveaway”) constitutes the Entrant‘s (as defined below) full agreement to these Official Rules. The Giveaway is administered and sponsored by Party City Corporation, 100 Tice Blvd, Woodcliff Lake, New Jersey, 07677 ("Sponsor").
This Giveaway is in no way endorsed, administered, sponsored or managed by Instagram, Twitter, Facebook or any other third-party website or application that might host content where information about this Giveaway is published (collectively "Content Hosts"). Any information provided by an Entrant in connection with this Giveaway is provided to Sponsor only and not to any third party content host.
ELIGIBILITY: The Giveaway is offered to legal residents of the 50 United States and the District of Columbia, who are 18 years of age or older (“Entrant”). Void where prohibited or restricted by law.
Employees, contractors, officers and directors, and their immediate family members (spouses, siblings, parents and children, including foster and step-relations, and their respective spouses) and household members (whether or not related) of Sponsor, and their respective owners, parents, subsidiaries and affiliated companies, subsidiaries, licensees, franchisees, distributors, dealers, sales representatives, their advertising and promotion agencies, and any and all other companies associated with the Giveaway (collectively, the “Giveaway Entities”), and each of their immediate family members and/or people living in the same household are not eligible to participate. Eligibility is subject to all federal, state, provincial and local laws and regulations. By participating, each entrant fully and unconditionally agrees to and accepts these Official Rules and the decisions of the Sponsor, which are final and legally binding on all matters relating to the Giveaway.
GIVEAWAY PERIOD: Giveaway starts at 11:00am EST on November 18th, 2024, and ends at 11:59pm EST on November 21st, 2024.
HOW TO ENTER AND ODDS OF WINNING: NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING, AND ODDS OF WINNING DEPEND ON THE NUMBER OF ELIGIBLE ENTRANTS.
During the Giveaway Period, you will automatically become an Entrant and receive one entry in the Giveaway satisfying all of the following steps:
Like the Post
Follow Party City on Instagram, @PartyCity, at https://www.instagram.com/partycity, and
Tag a friend in the comments and let us know what graduation milestone you are celebrating
Limit one (1) entry per Instagram account during the entire Giveaway Period. Each entry may be submitted on behalf of one person only. 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 will be disqualified from participating in the Giveaway. 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. ANY PURPORTED ENTRIES SUBMITTED BY ANY MEANS OTHER THAN AS DESCRIBED HERE WILL NOT BE ACCEPTED, WILL BE VOID AND MAY BE AUTOMATICALLY DELETED OR DESTROYED WITHOUT OPENING OR VIEWING. 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.
Entrants may be required to provide certain personal information to be eligible for the Giveaway prize, including but not limited to: full name, full date of birth, full mailing address, e-mail address, social media handle, and phone number ("Personally Identifiable Information"). Personally Identifiable Information must be provided to participate in the Giveaway and to be eligible to win a prize. Sponsor is not responsible if a potential winner does not receive a prize because erroneous, expired, canceled, fraudulent, or fake information was provided during the Giveaway.
SELECTION OF WINNERS/ODDS: Winner will be randomly selected at 12:00pm EST on November 22nd, 2024. The potential winner must claim their prize within twenty-four hours of being notified they’ve been selected.
PRIZE AND APPROXIMATE RETAIL VALUE:
One (1) Grand Prize: A “Deluxe Balloon Bouquet of the Winner’s choice”. Approximate retail value at $40 for the Grand Prize. Any details of the prize not specified here will be determined by Sponsor in its sole discretion.
Sponsor will deliver the Grand Prize to the Winner at no charge, provided that the Winner lives within the delivery radius of a participating Party City Store. The Winner may choose to pick up the Grand Prize at a participating Party City Store of their choosing. If Winner does not live within the delivery radius of a participating Party City Store and is unable to pick up the Grand Prize at a participating Party City Store, Party City may choose to issue the Winner a Party City Gift Card worth Forty dollars ($40.00) in lieu of the Grand Prize.
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 reserves the right to and is not responsible if the Giveaway 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 Giveaway. Any prize pictured or mentioned in advertising or Giveaway materials is for illustrative purposes only and may not be the actual prize awarded.
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, and you have complied with these Official Rules. The 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 Potential Winner must claim the Grand Prize within twenty-four (24) hours of being contacted by Party City.
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.
Upon verification of eligibility, Sponsor will promptly arrange to ship the Prize to the Winner at its sole expense. If the 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).
LIMITATION OF LIABILITY: The Giveaway 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 Giveaway 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 Giveaway 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 Giveaway 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). Giveaway 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 Giveaway and/or accepting a Prize. If, for any reason, the Giveaway is not capable of running as planned, Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Giveaway, 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 GIVEAWAY ENTITIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THIS GIVEAWAY, PARTICIPATION IN GIVEAWAY AND/OR PRIZE RELATED ACTIVITIES, 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 GIVEAWAY. WITHOUT LIMITING THE FOREGOING, THIS GIVEAWAY, 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.
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 Giveaway, including but not limited to using multiple identities or multiple entries, 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 Giveaway; 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 Giveaway. ANY ATTEMPT TO DELIBERATELY DAMAGE ANY PARTY CITY STORE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS GIVEAWAY IS A VIOLATION OF 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 Giveaway. In the event of any conflict with any Giveaway details contained in these Official Rules and Giveaway details contained in Giveaway materials (including but not limited to point of sale, television, and print advertising, Giveaway packaging, and other Giveaway media, and any communications made by any person in any medium), the details of the Giveaway as set forth in these Official Rules shall prevail.
RELEASE, INDEMNITY & GENERAL CONDITIONS OF PARTICIPATION: By entering the Giveaway, 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 Giveaway 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 Giveaway and any element thereof; the entry (in whole or in part); participation (including travel) in any Giveaway, 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, 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 Giveaway 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 Giveaway 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 Giveaway 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.
Giveaway Entities shall not be liable to Winner or any other person or entity for failure to execute the Giveaway, 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.
DISPUTES AND CLASS ACTION WAIVER: Except where prohibited, Entrant agrees that any and all disputes, claims and causes of action arising out of or connected with this Contest 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 Giveaway 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. To the maximum extent permitted by law, you waive the right to resort to any form of class action or any legal action on behalf of a group.
PRIVACY POLICY: Any Personally Identifiable Information collected during an Entrant's participation in the Giveaway 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 Giveaway as described in these Official Rules and in accordance with Sponsor's Privacy Policy as stated at https://www.partycity.com/privacy.html. By participating in the Giveaway, each entrant agrees to the terms of the Sponsor’s Privacy Policy.
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.
PUBLICITY RIGHTS: By participating in the Giveaway, each Entrant grants (and agrees to confirm that grant in writing, permission for Sponsor and/or Sponsor's designee the perpetual right to use his/her Personally Identifiable Information, including name, biographical information, photos and/or likeness, social medial handle and link, and statements for Giveaway, trade, commercial, advertising and publicity purposes, at any time or times, in all media now known or hereafter discovered including live television, worldwide, including but not limited to on the World Wide Web and Internet including Sponsor’s and/or unrelated third-parties’ social media platforms and sites, without notice, review or approval and without additional compensation except where prohibited by law.