BEST HALLOWEEN CANDY EVER

BRACKET BREAKER PROMOTION 

OFFICIAL RULES  

Important: Please read these Official Rules before entering this Promotion (the “Promotion”).
By participating in this Promotion, you agree to be bound by these Official Rules and represent that you satisfy all of the eligibility requirements below.

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS PROMOTION. 

Promotion void where prohibited by law.  Subject to applicable federal, state, and local laws. 

1.     Eligibility: The Promotion is open only to legal residents of the 50 United States or District of Columbia who are at least 18 years old (or the age of majority in their jurisdiction of residence, whichever is older) at the time of entry. Directors, officers, members, managers, and employees of End Inertia Creative, LLC. (“Sponsor”), and any of their respective parent companies, affiliate companies, subsidiaries, agents, professional advisors, advertising, promotional, public relations, and fulfillment agencies, consultants, legal counsel, website providers, web masters, and immediate family members (spouses, parent, child, sibling, grandparent, and “step” child, wherever they may live) of each are not eligible to win any prize. IF YOU DO NOT MEET ANY OF THESE REQUIREMENTS, OR ANY OTHER ELIGIBILITY REQUIREMENTS IN THESE OFFICIAL RULES, YOU ARE NOT ELIGIBLE TO WIN A PRIZE. To be eligible to win a prize, entries must be completed and received by Sponsor in the manner and format designated below. 

2.     Promotion Period: The Promotion starts at 12:00:01 pm EST on October 25, 2019 and ends at 10:00:00pm EST on October 31, 2019 (the “Promotion Period”). All entries must be received during the Promotion Period and meet other requirements in these Official Rules to be eligible to win a prize. Sponsor’s or its designee’s computer is the official time-keeping device for the Promotion. 

3.     How to Enter: To enter, during the Promotion Period, visit https://bracketbreaker.com and select the ‘Best Halloween Candy Ever’ and complete the following to receive an entry or entries:

i.       Bracket Submission Entry:  From October 25, 2019 at 12:00:01pm EST through October 27, 2019 at 8:00:00pm EST, ccomplete a bracket with picks on who you think should win each matchup in the tournament (the “Bracket”).  You will receive one entry for submitting a completed bracket.

ii.     Voting Entry:  Vote on all of the matchups in each round of the Bracket (5 rounds in Bracket).  You will receive one entry for each round in which you vote. The voting for each round will occur as follows:

·       Voting Round 1: October 27, 2019 8:15:01pm EST through October 28, 2019 8:00:00pm EST

·       Voting Round 2: October 28, 2019 8:15:01pm EST through October 29, 2019 8:00:00pm EST

·       Voting Round 3: October 29, 2019 8:15:01pm EST through October 30, 2019 8:00:00pm EST

·       Voting Round 4: October 30, 2019 8:15:01pm EST through October 31, 2019 12:00:00pm EST

·       Voting Round 5: October 31, 2019 12:15:01pm EST through October 31, 2019 10:00:00pm EST

Any attempts to obtain additional entries, including through multiple or duplicate accounts will result in disqualification. 

Limit: ONE ENTRY FOR BRACKET SUBMISSION ENTRY PER PERSON DURING THE PROMOTION PERIOD.  ONE ENTRY PER ROUND PER PERSON FOR EACH ROUND (SIX TOTAL) OF VOTING ENTRY. Any attempt to obtain additional entries, including through multiple or duplicate accounts will result in disqualification. 

If participating in this Promotion via your mobile device (which service may only be available via select devices and participating wireless carriers and is not required to enter), you may be charged for standard data use from your mobile device according to the terms in your wireless service provider’s data plan. Normal airtime and carrier charges and other charges may apply to data use and will be billed on your wireless device bill or deducted from your pre-paid balance. Wireless carrier rates vary, so you should contact your wireless carrier for information on your specific data plan.

4.     Identity of Entrant: All entries must be submitted by the individual entrant. Bulk or automated entries will be disqualified (including entries made using any script, macro, bot, or promotional service). Multiple participants are not permitted to share the same email account. Any attempt to obtain additional entries through fraud or other illegitimate means will result in disqualification, at Sponsor’s discretion.

In the event of a dispute about the identity of the entrant, entries will be declared made by the authorized account holder of the email address submitted with the entry. An “authorized account holder” means the natural person who is assigned to an e-mail address by an Internet access provider, online service provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. A potential winner may be required to provide Sponsor with proof that a potential winner is the authorized account holder of the account associated with the winning entry.

5.     Selection and Notification of Winner: Throughout the Promotion Period, on or about the next day after the conclusion of each round as indicated below, Sponsor will select the name of one (1) potential winner of the prizes in a random drawing from among all eligible entries at Sponsor’s headquarters as listed in Section 15 below. A total of six (6) prizes will be awarded. The odds of winning depend on the number of eligible entries received. 

Bracket Round: October 27, 2019 EST.       Winner chosen from all submitted Brackets. 

Voting Round 1: October 28, 2019 EST.      Winner chosen from all Round 1 entrants. 

Voting Round 2: October 29, 2019 EST.      Winner chosen from all Round 2 entrants.

Voting Round 3: October 30, 2019 EST.      Winner chosen from all Round 3 entrants.

Voting Round 4: October 31, 2019 EST.      Winner chosen from all Round 4 entrants.

Voting Round 5: October 31, 2019 EST.      Winner chosen from all Round 5 entrants.

Each potential winner will be notified via email on or about the date winner is selected as listed above.  To the fullest extent permitted by applicable law, Sponsor may require each potential winner to sign and return, within seven days of being notified, an Affidavit of Eligibility and Liability/Publicity Release in order to claim his/her prize. If (i) the attempted notification is returned as undeliverable without a forwarding address; (ii) any required documents are not returned within seven days, such as the Affidavit of Eligibility and Liability/Publicity Release; or (iii) if potential winner is otherwise unable to accept the prize as stated, the prize will be forfeited and may be awarded to an alternate winner. Only three alternate drawings will be held for each prize, after which the remaining prize(s) will not be awarded.  If, by reason of a print or other error, more prizes are claimed than the number set forth in these Official Rules, an alternate winner will be selected in accordance with the above selection process from among all eligible claimants making purportedly valid claims to award the prizes available. 

Verification of Potential Winner: EACH POTENTIAL WINNER IS SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE PROMOTION. AN ENTRANT IS NOT A PRIZE WINNER UNLESS AND UNTIL ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE AND NO FURTHER ACTION IS NEEDED.

6.      Prize: Six winners will each receive one prize consisting of one of the following items: Bracket Round – an Oompa Loompa Employee of the Month Coffee Mug $13.00 USD; Voting Round 1 - a Bracket Breaker Executive Candy Dispenser $40.00 USD; Voting Round 2 - a Jolly Rancher 4-pack Candle Set $10.00 USD; Voting Round 3 – Hershey Theme Park Characters Salt & Pepper Shakers $13.00 USD; Voting Round 4 – M&Ms Candy Dispenser $30.00 USD; Voting Round 5 – Funko Pop Movies Veruca Salt Action Figure $30.00 USD 

Approximate Retail Value (“ARV”) of each prize: $10 to $40. Total ARV of all six prizes: $140.  For clarity, each winner will only receive one of the listed prizes and will not receive all of the listed prizes.

Prize Restrictions: ALL FEDERAL, STATE AND LOCAL TAXES ASSOCIATED WITH THE RECEIPT OR USE OF ANY PRIZE ARE THE SOLE RESPONSIBILITY OF THE WINNER. Prizes are not transferable. No substitutions or exchanges of any prize (including for cash) will be permitted, except that Sponsor reserves the right to substitute a prize of comparable or greater value for any prize. Sponsor will not replace any lost or stolen prizes or prize components. Only the number of prizes stated in these Official Rules are available to be won in the Promotion.  

Except for applicable manufacturer’s standard warranties, the prizes are awarded “AS IS” and WITHOUT WARRANTY OF ANY KIND, express or implied (including any implied warranty of merchantability or fitness for a particular purpose).  

7.     Disclaimer: Sponsor, and any of its respective parent companies, subsidiaries, affiliates, directors, officers, professional advisors, consultants, contractors, legal counsel, public relations firms, employees and advertising, fulfillment and marketing agencies (collectively, the “Released Parties”) will not be responsible for: (a) any late, lost, misrouted, garbled or distorted or damaged transmissions or entries; (b) phone, electronic, hardware, software, network, Internet, or other computer or communications-related malfunctions or failures beyond Sponsor or the Released Parties’ reasonable control; (c) any Promotion disruptions, injuries, losses or damages caused by events beyond the reasonable control of Sponsor or the Released Parties by non-authorized human intervention; or (d) any printing or typographical errors in any materials associated with the Promotion. 

8.     Limitations of Liability; Releases: By entering the Promotion, you release Sponsor and all Released Parties from any liability whatsoever, and waive any and all causes of action, related to any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with the Promotion or delivery, misdelivery, acceptance, possession, use of or inability to use any prize (including claims, costs, injuries, losses and damages related to 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.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE SPONSOR OR THE RELEASED PARTIES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR PARTICIPATION IN THE PROMOTION OR USE OR INABILITY TO USE ANY EQUIPMENT PROVIDED FOR USE IN THE PROMOTION OR ANY PRIZE, EVEN IF A RELEASED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE RELEASED PARTIES (JOINTLY) ARISING OUT OF OR RELATING TO YOUR PARTICIPATION IN THE PROMOTION OR USE OF OR INABILITY TO USE ANY EQUIPMENT PROVIDED FOR USE IN THE PROMOTION OR ANY PRIZE EXCEED $10. THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT EXCLUDE OR LIMIT LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE CAUSED BY PRODUCTS PURCHASED FROM THE SPONSOR, OR FOR THE RELEASED PARTIES’ GROSS NEGLIGENCE, INTENTIONAL MISCONDUCT, OR FOR FRAUD. 

9.     Use of Name, Likeness, etc.: To the fullest extent permitted by applicable law, entry into the Promotion constitutes permission to use your name, bracket name, hometown, aural and visual likeness and prize information for advertising, marketing, and promotional purposes without further permission or compensation (including in a public-facing winner list). As a condition of being awarded any prize, except where prohibited by law, winner may be required to execute a consent to the use of their name, hometown, aural and visual likeness and prize information for advertising, marketing, and promotional purposes without further permission or compensation. By entering this Promotion, you consent to being contacted by Sponsor for any purpose in connection with this Promotion. 

10.   Privacy: See Sponsor’s Privacy Policy at https://www.bracketbreaker.com/index.php/privacy-policy.

11.   Winner List; Rules Request: For a copy of the winner list, send a stamped, self-addressed, business-size envelope for arrival after October 25, 2019 and before October 25, 2020 to the address listed in Section 15 below, Attn: Best Halloween Candy Ever Contest. To obtain a copy of these Official Rules, visit https://bracketbreaker.com or send a stamped, self-addressed business-size envelope to the address listed in Section 15 below, Attn: Best Halloween Candy Ever Contest.  VT residents may omit return postage. 

12.   Intellectual Property Notice: END INERTIA and BRACKETBREAKER are trademarks of End Inertia Creative, LLC. The Promotion and all accompanying materials are copyright © 2019 by End Inertia Creative, LLC. All rights reserved.  

13.   Disputes: EACH ENTRANT AGREES THAT ANY DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS PROMOTION OR ANY PRIZE AWARDED WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, AND EXCLUSIVELY BY THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA OR THE APPROPRIATE STATE COURT LOCATED IN WASHINGTON, DC.  THESE OFFICIAL RULES ARE GOVERNED BY THE LAWS OF THE DISTRICT OF COLUMBIA, WITHOUT REGARD TO CHOICE OF LAW OR CONFLICT OF LAW RULES. YOU WAIVE ANY AND ALL OBJECTIONS TO JURISDICTION AND VENUE IN THESE COURTS AND HEREBY SUBMIT TO THE JURISDICTION OF THOSE COURTS. 

14.   General Conditions: Entrants agree to be bound by these Official Rules and by the decisions of Sponsor, which are final and binding in all respects. Sponsor reserves the right to change these Official Rules at any time, in its discretion, and to suspend or cancel the Promotion or any entrant's participation in the Promotion should viruses, bugs, unauthorized human intervention or other causes beyond Sponsor's reasonable control affect the administration, security or proper play of the Promotion, or Sponsor otherwise becomes (in its discretion) incapable of running the Promotion as planned. Entrants who violate these Official Rules, violate any law, rule or regulation in connection with participation in the Promotion, tamper with the operation of the Promotion or engage in any conduct that is detrimental or unfair to Sponsor, the Promotion or any other entrant (as determined in Sponsor's discretion) are subject to disqualification from the Promotion. Sponsor reserves the right to lock out persons whose eligibility is in question or who have been disqualified or are otherwise ineligible to enter the Promotion. Sponsor reserves the right to disqualify any entries received that contain inappropriate or offensive content. Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision. Any provision of these Official Rules deemed unenforceable will be enforced to the extent permissible, and the remainder of these Official Rules will remain in effect. The use of the terms “include,” “includes,” or “including” in these Official Rules is illustrative and not limiting.

15.   Sponsor: End Inertia Creative, LLC, 4626 Wisconsin Avenue NW, Suite 200A, Washington, DC 20016.