Magic Pumpkin Twitter Contest Official Rules

The following rules and requirements (the “Official Rules”) govern the Magic Bullet Magic Pumpkin Twitter Contest (“Contest”). Please read these Official Rules before entering the Contest. By submitting an entry, you acknowledge that you have read, understand and agree to be bound by these Official Rules and the decisions of Capital Brands, LLC (“Sponsor”) the contest Sponsor

THE CONTEST

NO PURCHASE NECESSARY. VOID WHERE PROHIBITED BY LAW. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. INTERNET ACCESS, A VALID EMAIL AND A TWITTER ACCOUNT ARE NECESSARY TO ENTER THIS CONTEST.

The contest begins on October 10th at 12:00:01 am PST and will be open for submissions until October 17th at 11:59:59 pm PST (the “Entry Period”).  Five (5) grand prize winners will be announced on October 18th.  The computer clock of Twitter is the official time-keeping device in the Contest.

ELIGIBILITY

(a) The Contest is open to legal residents of the 50 United States and the District of Columbia, except those states where this contest would be void or prohibited.

(b) You must be 18 years or older to be eligible to win a prize.

(c) You must have a valid Twitter account to be eligible.  You may obtain a Twitter account prior to entering the contest by going to www.Twitter.com and signing up at no cost to you. You may not use anyone else’s Twitter account and can only enter through your own Twitter account.

(d) Employees and directors of Sponsor or any of their parents, subsidiaries, agents, representatives or affiliated companies, and immediate family members and persons who live in the same household as such employees or persons, are not eligible to participate. “Immediate family members” shall mean parents, stepparents, legal guardians, children, stepchildren, siblings, stepsiblings, or spouses. “Household members” shall mean those people who share the same residence at least three months a year.

TO ENTER THE CONTEST

THERE IS ONLY ONE WAY TO ENTER.

(a) Go to www.Twitter.com and login to your account. Go to the official Magic Bullet Twitter account and tell us about your (favorite/best) pumpkin recipe. Make sure to tag “@TheMagicBullet” and include the hashtag “#MagicPumpkin” in your Tweet

(b) Entry into the Contest is free. You may submit an unlimited amount of pumpkin recipes. Submitting more than one pumpkin recipe will not increase your chances of winning.

Questions or comments? Please contact Sponsor for any comments, questions or concerns. Sponsor may be reached via Twitter at https://www.Twitter.com/TheMagicBullet

GUIDELINES

(a) All entries shall become the sole and exclusive property of the Sponsor, when submitted, and will not be acknowledged or returned. By submitting your entry you hereby grant Sponsor a worldwide, in perpetuity license to use any and all portions of the entry in any way and via any media in association with the Contest and/or the promotion of the MagicBullet® product without attribution or compensation to you or your successors or assigns, or any other entity.

(b) Photo Guidelines: A photograph is not required for submission and entry into the Contest.  However, you may post a photograph if you desire.  Posting a photograph will not increase your chances of winning. Your photo must be in a file format and size that is accepted by Twitter. Entries will not be eligible if they contain illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, pornographic, offensive, indecent, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable as determined by Sponsor in its sole and absolute discretion. All material contained in the photo must be original and owned by you and may not contain ANY copyrights, trademarks, intellectual property, or other proprietary material that does not belong to you. You may, however, use the MagicBullet® logo and other artwork from the MagicBullet® product solely for use in this Contest. NOTE: Your photo may be posted online into a “Gallery” and viewed by other people. Winners’ photos and recipes may be used on the MagicBullet website in a gallery of User Generated Content.

(c) Proof of Submission: Re-Tweeting or Tweet Quoating is not proof of receipt by Sponsor. Sponsor shall not be responsible for lost, late, incomplete, invalid, unintelligible, illegible, or misdirected entries. Sponsor shall have the right to reject any recipe submissions if it does not comply with the guidelines set forth in these Official Rules. If you have any questions about your submission, please contact Sponsor (see link above).

(d) Copyright: All entries must be originals. You must be the sole owner of all materials, images and other creative elements that comprise your entry. Your submission of the photo is your representation and warranty that you are the sole owner of the photo (and/or have obtained permission from anyone appearing in the photo) and have the right to freely submit the photo. You also represent and warrant that the entries that you submit (i) do not infringe any other person’s or entity’s rights; and (ii) have not been submitted previously in a Contest of any kind. By submitting your photo and thereby entering the Contest you agree to hold Sponsor harmless from all liabilities, including costs and attorneys’ fees, from your breach of this or any other representation and warranty set forth in these Official Rules.

JUDGING/WINNER SELECTION

(a) At the close of the Entry Period, all submissions by eligible Contestants will be voted upon by the Magic Bullet internal team (“Judges”) chosen by Sponsor. The Judges will select _five (5) winners. The winners will be announced on October 18th. The criteria used to evaluate the winners will include, but not be limited to, the creativity and originality of the recipe, and inclusion of the required specified hashtags.

(b) For Winners’ Names: As an alternative to seeing the names of the winners on the Magic Bullet Twitter page you may also, after October 18th send a self-addressed, stamped envelope to: Magic Pumpkin Contest, Capital Brands LLC, 11601 Wilshire Blvd, Suite 2300, Los Angeles CA 90025.

PRIZES

(a) The Grand Prize Winners will receive a Magic Bullet (Approximate retail value of $39.99).

(b) Winners will be notified on October 18th _via Twitter from the Magic Bullet account. Winners will have 48 hours to reply and confirm their eligibility before another winner is chosen in their place. Each winner will be required to sign and return, when requested, an affidavit of eligibility, prize/publicity release and an assignment of rights to their submissions. Contest materials, entries and submissions are subject to validation by the Sponsor. By taking part in this Contest you agree to be bound by these rules and all decisions of the Judges and Sponsor, which are final and binding on all aspects of the Contest.

(c) Prize recipients are responsible for any and all federal, state, and local taxes imposed as a result of receiving the Contest prize.

GENERAL CONDITIONS/INDEMNIFICATION

(a) By participating in this Contest and/or by accepting any prize that you may be awarded, you agree that Sponsor, their respective parents, subsidiaries, agents, representatives and or affiliated companies, units and divisions; and their advertising and promotional agencies and prize suppliers; each of their respective officers, directors, agents, representatives and employees; and each of these companies’ and individuals’ respective successors, representatives and assigns (collectively, the “Indemnified Parties”) shall not be liable for any and all actions, claims, including any third party claims, injury, loss or damage arising in any manner, directly or indirectly, from or relating to this Contest, including entry and participation in this Contest, or the acceptance, possession, use or misuse of any prize. By participating in the Contest and/or accepting any prize that you may be awarded, you agree to fully indemnify each Indemnified Party from any and all such claims by third parties. Entrants also authorize the Indemnified Parties to use their name, voice, likeness, biographical data, city and state of residence and entry materials in programming or promotional material, worldwide, in perpetuity, or on a winner’s list, if applicable, without compensation unless prohibited by law.

(b) Sponsor is not obligated to use any of the above-mentioned information or materials, but may do so and may edit such information or materials, in Sponsors’ sole discretion, without notice or further obligation or compensation. The Indemnified Parties shall not be liable for: (i) late, lost, delayed, stolen, misdirected, incomplete, unreadable, inaccurate, garbled or unintelligible entries, communications or submissions, regardless of the method of transmission; (ii) telephone system, telephone or computer hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors; (iii) data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials; (iv) any injuries, losses or damages of any kind caused by your participation in this Contest or resulting from acceptance, possession or use of a prize; or (v) any printing, typographical, administrative or technological errors in any materials associated with the Contest. The Indemnified Parties disclaim any liability for damage to any phone, computer or other electronic device resulting from participating in, or accessing or downloading information in connection with this Contest.

(c) Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend the Contest for any reason and also if a virus, bug, computer or phone problem, unauthorized intervention or other cause beyond Sponsor’s control, corrupt the administration, security or proper play of the Contest. Sponsor may prohibit you from participating in the Contest or winning a prize if, in its sole discretion, it determines you are attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception, or any other unfair playing practices and or if found to be intending to annoy, abuse, threaten or harass any other participants or Sponsor and or its’ representatives.

ANY ATTEMPT TO DELIBERATELY DAMAGE THE CONTEST’S WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHALL RESULT IN, AT A MMINIMUM, DISQUALIFICATION FROM PARTICIPATION IN THE CONTEST. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.

SPONSOR

Capital Brands, LLC, 11601 Wilshire Blvd, 23rd Floor, Los Angeles CA 90025. Please contact Sponsor for any comments, questions or concerns. Sponsor may be reached via Twitter https://twitter.com/TheMagicBullet. This Contest is not sponsored, endorsed, approved, or administered by Twitter, Inc.

All rights reserved.  Magic Bullet® is a registered trademark of Capbran Holdings, LLC. ©2016 Capbran Holdings, LLC.

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