Eligibility
Vivint, Inc. (“Sponsor”) will conduct the Vivint x Freshly Picked x Owlet Smart Essentials Giveaway (the “Giveaway”) substantially as described in these Vivint x Freshly Picked x Owlet Smart Essentials Giveaway Official Rules (the “Official Rules”). By participating in the Giveaway, as outlined below, any participant (an “Entrant,” “You” or “Your”) agrees to be fully and unconditionally bound by these Official Rules. The Giveaway is open to legal residents of the United States who submit qualifying entries on Instagram, as detailed in Section 5 below. Entrants must be 18 years of age as of their date of entry in the Giveaway in order to qualify. Employees of Sponsor that are involved in any way in administering or overseeing the Giveaway are ineligible to win or be awarded any Prize. Residents of Florida, New York, and Rhode Island are ineligible to win or be awarded any Prize. The Prize consists of one Freshly Picked Weekender Bag, one Owlet Smart Sock Plus, and a Vivint Doorbell Camera Pro (collectively, the “Prize”). To be eligible to win a Prize, each Entrant (a) must reside in one of the 98% of U.S. ZIP codes where Sponsor currently provides installation and monitoring services; (b) must currently reside in a residence that is equipped with electrical service and an internet connection; and (c) must either (i) own the residence where the Vivint Doorbell Camera Pro will be installed; (ii) secure the property owner’s permission for Sponsor to install the Vivint Doorbell Camera Pro, if the Entrant rents the property where the Vivint Doorbell Camera Pro will ultimately be installed; or (iii) select a third party to receive the Vivint Doorbell Camera Pro, and secure the property owner’s permission for Sponsor to install the Vivint Doorbell Camera Pro at the third-party’s residence. If Sponsor selects an Entrant as the Prize Winner and the Entrant (as that term is defined in these Official Rules) does not or is not willing to meet the eligibility requirements set forth herein, Sponsor will not award a prize to that Entrant and will instead select a different Entrant to be the Prize Winner. The Giveaway is subject to federal, state, and local laws and regulations and is void where prohibited by law. Sponsor reserves the right to disqualify any Entrant at any time for any reason. Entrants must NOT comment with, link to, or submit to Sponsor any material that is violent, sexually explicit, obscene, pornographic, discriminatory (based on race, sex, religion, natural origin, physical disability, sexual orientation or age), illegal (e.g. underage drinking, substance abuse, computer hacking, etc.), offensive, threatening, profane, or harassing or which is otherwise inappropriate.
Sponsorship
The Giveaway is sponsored by Sponsor, whose primary office is located at 4931 N. 300 W., Provo, UT 84604. Sponsor will conduct the Giveaway substantially as described in these Official Rules. By participating in the Giveaway, you acknowledge and understand that the Giveaway is in no way sponsored, endorsed, or administered by, or in any way associated with, Instagram.
Agreement to Rules
By entering this Giveaway, You agree to abide by the Sponsor's Official Rules and decisions, which are fully and unconditionally binding in all respects. Sponsor reserves the right to refuse, withdraw, or disqualify any entry (or Entrant) at any time at Sponsor’s sole discretion. By entering this Giveaway, You represent and warrant that You are eligible to participate based on the eligibility requirements set forth in these the Official Rules. You also agree to accept the decisions of the Sponsor as final and binding as it relates to the winner(s) of the Giveaway.
Giveaway Entry Period
The Giveaway entry period will begin on August 25, 2021, at 10:00 a.m. MDT, and end on August 27, 2021, at 10:00 a.m. MDT (“Entry Period”). To be eligible for the Giveaway, all entries must be received within the specified Entry Period.
Giveaway Kickoff Post
Sponsor will begin the Giveaway by publishing an Instagram post on the official @Vivint Instagram account announcing the Giveaway (hereafter, the “Vivint Kickoff Post”). The Vivint Kickoff Post will be published on August 25, 2021, at approximately 10:00 a.m. MDT. Freshly Picked, Inc. (“Freshly Picked”) and Owlet, Inc. (“Owlet”) will each publish an Instagram post of their own (each, a “Partner Kickoff Post,” and collectively with the Vivint Kickoff Post, the “Giveaway Kickoff Posts”) advertising the Giveaway on August 25, 2021, at approximately 10:00 a.m. MDT.
How to Enter
Each Entrant meeting the eligibility requirements set forth in these Official Rules may submit one or more Giveaway entries by following the process outlined below: (i) the Entrant’s Instagram account must follow Vivint’s official Instagram account (@Vivint), Freshly Picked’s official Instagram account (@freshlypicked), and Owlet’s official Instagram account (@owletcare); and (ii) the Entrant must post at least one (1) comment on one or more of the Giveaway Kickoff Posts from the Entrant’s Instagram account. Each entry that is submitted during the Entry Period and meets all requirements specified in these Official Rules, including but not limited to the requirements set forth in Section 1, Section 4, and Section 6, will constitute an “Eligible Entry.” Only Eligible Entries will be eligible to win a Prize. Incomplete entries or those that, at the Sponsor’s sole discretion, do not adhere to the Official Rules will be disqualified. No purchase is necessary to win a Prize. Making a purchase will not improve an Entrant’s chance of winning.
Prizes
Sponsors will randomly select one (1) winner of the Giveaway (the “Prize Winner”) to receive a Prize by following the process set forth in Section 9 below. The Prize Winner shall be solely responsible for all expenses related to any Prize awarded to that person, including without limitation any and all local, state, and federal taxes. Prize Winner shall not be entitled to a cash equivalent or other Prize substitution. In exchange for acceptance of a Prize, the Prize Winner grants permission for the Sponsor to use that person’s likeness, Eligible Entry, and name for purposes of advertising and trade without further compensation unless prohibited by law.
Odds
The total number of eligible entries received by Sponsor, Owlet and Freshly Picked will determine the odds of winning.
Selection of Winning Entry
At the conclusion of the Giveaway, the Sponsor will randomly select one (1) Prize Winner via the following process: (i) Sponsor, Owlet and Freshly Picked will review all comments posted on their respective Giveaway Kickoff Post(s) during the Entry Period and create three (3) separate pools of Eligible Entries—one pool for Eligible Entries submitted via the Vivint Kickoff Post, and one each for Eligible Entries submitted via the two Partner Kickoff Posts. (ii) Sponsor, Owlet and Freshly Picked will select a total of six (6) Finalists from among the three (3) pools of Eligible Entries by assigning each Eligible Entry a different, sequential number and using a random number generator to randomly select two Finalists from each pool. (iii) Sponsor will review each of the randomly selected Finalists and confirm that each Finalist meets all eligibility requirements specified in these Official Rules, including but not limited to the requirements set forth in Section 1, Section 4, and Section 6. If any of the Finalists do not meet the eligibility requirements set forth in these Official Rules, as determined at Sponsor’s sole discretion, then Sponsor will disqualify that Finalist, meaning that Finalist will not be eligible for selection as the Prize Winner. (iv) Once Sponsor has finished reviewing the eligibility of each of the Finalists, Sponsor will assign each eligible Finalist a different, sequential number and use a random number generator to randomly select a Prize Winner from among the pool of eligible Finalists. If none of the six (6) Finalists selected meets the eligibility requirements set forth in these Official Rules, then Sponsor will reinitiate the Finalist selection process set forth in subpart (ii) of this Section 9 until Sponsor is able to find at least one (1) Finalist that meets all eligibility requirements set forth in these Official Rules, at which point that person will become the Prize Winner.
Notification and Announcement of Prize Winners
The Sponsor will notify the Prize Winner via an Instagram Direct Message (“DM”) sent by Sponsor to the Instagram handle of the Prize Winner within two days following the selection of the Prize Winner. The Prize Winner must claim their Prize by replying to the DM with a message confirming that they either (i) own the property where the Vivint Doorbell Camera Pro will be installed, or (ii) have the property owner’s permission to install the Vivint Doorbell Camera Pro. The Prize Winner’s response must be received no later than August 31, 2021 at 6:00 p.m. MDT. The Sponsor is not responsible for and shall have no liability for the Prize Winner’s failure to receive any such notice due to the Prize Winner’s failure to check their Instagram DMs in a timely fashion, any social media privacy or “SPAM” filter settings that may cause messages or notifications to not be received, or for the Prize Winner’s provision of incorrect or otherwise non- functioning contact information. If the Prize Winner (a) fails to claim a Prize by August 31, 2021 at 6:00 p.m. MDT, or (b) is found to be ineligible to win a Prize based on their age, state of residency, ZIP code, lack of permission for Sponsor to install the Vivint Doorbell Camera Pro at the Prize Winner’s residence of choice, or any violation of these Official Rules as determined solely and exclusively by Sponsor, that Prize Winner’s Prize may be forfeited and an alternate Prize Winner may be selected. Receipt of the Prize by the Prize Winner is conditioned upon the compliance by the Prize Winner with these Official Rules, along with any and all federal, state, and local laws and regulations. IF ANY PRIZE WINNER VIOLATES ANY OF THESE OFFICIAL RULES, OR ANY FEDERAL, STATE OR LOCAL LAW(S) OR REGULATION(S), THAT PRIZE WINNER (AT THE SPONSOR’S SOLE DISCRETION) WILL BE DISQUALIFIED, AND ALL PRIVILEGES AS PRIZE WINNER WILL BE IMMEDIATELY TERMINATED. No later than fourteen (14) days after the conclusion of the Giveaway, Sponsor will post a comment announcing the Prize Winner and tagging the Prize Winner’s Instagram handle on Vivint’s Giveaway Kickoff Post.
Rights Granted by You
By submitting one or more entries into this Giveaway, You understand and agree that the Sponsor, any individual acting on the Sponsor’s behalf, and the licensees, successors, and assigns of the Sponsor shall, where permitted by law, have the right to print, publish, broadcast, distribute and use in any media known now or hereafter developed, in perpetuity, worldwide, and without limitation, Your submission, Your Instagram handle, Your name, Your photo, portrait, likeness, image, statements about the Giveaway, and biographical information provided by You for publicity, advertising, promotional purposes, trade, information, and public relations without any further notice, review, consent, compensation, or remuneration to you. You represent and warrant that any content, including but not limited to Your name, photograph, and/or comment(s) on any of the Giveaway Kickoff Posts, submitted by You to Vivint in connection with the Giveaway belongs to You and that You have the legal right to share it with Sponsor. All content submitted by You must belong to You and must not violate the privacy, proprietary or intellectual property rights of any third party, or any other law, code, or regulation. You shall defend, indemnify and hold harmless Sponsor, Owlet, and/or Freshly Picked in connection with any claims that arise as a result of Your submission of Your Giveaway entry (or entries), including but not limited to any claim(s) related to an allegation that any Giveaway entry submitted by You violates the privacy, proprietary or intellectual property rights of any third party, at Your sole expense.
Terms & Conditions
In its sole discretion, Sponsor reserves the right to modify, suspend, cancel, or terminate the Giveaway should non-authorized human intervention, a bug or virus, fraud, or other causes beyond Sponsor’s control, impact or corrupt the security, fairness, proper conduct, or administration of the Giveaway. Sponsor, in the event of any of the above issues, may determine the Prize Winner based on all eligible entries received prior to and/or after (if appropriate) one of the issues listed above, or may, at its option, cancel the Giveaway. Individuals who tamper with or attempt to tamper with the operation or entry process of the Giveaway or Vivint’s official Instagram page or otherwise violate these Official Rules will be disqualified by the Sponsor in its sole discretion. Sponsor has the right to void Giveaway submissions or entries for any reason, including, but not limited to: the use of bots, macros, scripts, or other technical means for submitting entries. Attempts by any entrant to deliberately damage any website or undermine the legitimate operation of the Giveaway may be a violation of criminal and civil laws. If any such attempt is made, the Sponsor reserves the right to seek damages to the fullest extent permitted by law.
Limitation of Liability and Release
Your entry into this Giveaway constitutes Your agreement to release and hold harmless the Sponsor, Owlet, Freshly Picked, and the subsidiaries, representatives, affiliates, partners, advertising and promotion agencies, successors, agents, assigns, directors, employees, and officers of Sponsor, Owlet and Freshly Picked (collectively, the “Indemnified Parties”) against and from any and all claims, liability, illness, injury, death, litigation, loss, or damages that may occur, directly or indirectly from participation in the Giveaway and/or the (1) Prize Winner accepting, possessing, using, or misusing any prize (including but not limited to the Freshly Picked Weekender Bag, the Owlet Smart Sock Plus and/or the Vivint Doorbell Camera Pro) or any portion thereof; (2) any type of technical or other failure related to the Freshly Picked Weekender Bag, the Owlet Smart Sock Plus and/or the Vivint Doorbell Camera Pro; (3) the unavailability or inaccessibility of any transmissions, phone, or Internet service; (4) unauthorized intervention in any part of the entry process or the Giveaway; and/or (5) technical error, electronic error or human error in the administration of the Giveaway or the processing of entries. You also agree to release and hold harmless Instagram, its subsidiaries, representatives, affiliates, partners, successors, agents, assigns, directors, employees, and officers against and from any and all claims, liability, illness, injury, death, litigation, loss, or damages related in any way to the Giveaway.
Compliance with the Law
The Giveaway is governed by the applicable laws of the United States of America and the local or state jurisdictions in which the Giveaway is eligible, which take precedence over any rule to the contrary herein. Sponsor reserves the right to modify or discontinue the Giveaway to the extent any part of the Giveaway is determined to violate any law, statute, ordinance, or regulation.
Disputes
The laws of the State of Utah, excluding the rules of conflicts of law, shall govern this and all matters arising out of or related to this Giveaway. All parties to this agreement, including both the Prize Winners and any non-winning Entrants, hereby submit to the jurisdiction of the state or federal courts located in Provo, Utah. Each party to these Official Rules expressly agrees that it is subject to the jurisdiction and venue of those courts for purposes of such litigation. Each party hereby waives and covenants not to assert any claim that is not subject to personal jurisdiction in those courts or that venue in those courts is for any reason improper, inconvenient, prejudicial or otherwise inappropriate (including, without limitation, any claim under the judicial doctrine of
forum non conveniens).
Privacy Policy
Information submitted with an entry is subject to the Privacy Policy stated on the Vivint website. Click here to read the Privacy Policy.