Sweepstakes Official Rules
hOmeLabs Spring into Summer Sweepstakes Official Rules
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
1. Eligibility: hOmeLabs Spring into Summer Sweepstakes (the “Sweepstakes”) is open only to legal residents of the fifty (50) United States and the District of Columbia who are at least eighteen (18) years old at the time of entry. Any (i) non-natural persons (including corporations and other business entities); (ii) employees, officers, contractors and representatives of Aterian Group, Inc. (“Sponsor”), and their respective parents, affiliates, subsidiaries and advertising and promotion agencies; as well as (iii) the immediate family (spouse, parents, siblings and children and their respective spouses, regardless of where they reside) and household members, whether or not related, of each such individual are not eligible to participate in the Sweepstakes. The Sweepstakes is subject to all applicable federal, state, and local laws and regulations and is void where prohibited by law. Participation constitutes entrant’s full and unconditional agreement to these Official Rules. Sponsor’s decisions are final and binding in all matters related to the Sweepstakes. Winning a Prize (hereinafter defined) is contingent upon fulfilling all requirements set forth herein.
2. Sponsor: Aterian, Inc., 37 East 18th Street, New York, NY 10003.
3. Timing: The Sweepstakes begins on May 18, 2021 at 9:00 a.m. Eastern Time (“ET”) and ends on June 1, 2021 at 11:59 p.m. ET (the "Promotion Period”). Sponsor’s servers are the official time-keeping device for the Sweepstakes.
4. How to Enter: During the Promotion Period, you may enter the Sweepstakes by visiting the sweepstakes site giveaway.homelabs.com (the “Sweepstakes Site”) and completing the Sweepstakes entry form. There is a limit of one (1) entry per person/email address (not including “Bonus Entries,” as described below). Additional entries per person/email address, excluding Bonus Entries will not be acknowledged. The use of an agency or any automated system to enter is strictly prohibited and Sponsor reserves the right to disqualify any entries received through such methods, as determined by Sponsor, in its sole discretion.
By entering the Sweepstakes in accordance with the entry process described above, you will be registering to receive email communication from Sponsor and their respective parents, affiliates, and subsidiaries, and agreeing that your registration and any other information collected in connection with the Sweepstakes may be used by the following partners: Aterian, Group, Inc. in accordance with their Privacy Policy.
5. Official Rules: You may enter the Sweepstakes one (1) time during the Promotion Period. Multiple entrants are not permitted to share the same email address. Any attempt by any entrant to obtain more than (1) entry by using multiple/different email addresses, identities, registrations and logins, or any other methods will void that entrant's entries and that entrant may be disqualified. Use of any automated system by an entrant to participate is prohibited and will result in disqualification from participation in the Sweepstakes. For the avoidance of doubt, no mechanically reproduced mail-in entries are allowed and any use of robotic, automatic, programmed or the like entry methods will void all such entries by such methods. In the event of a dispute as to any registration determined by the Sponsor, the authorized account holder of the email address used to register will be deemed to be the entrant. 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. Each potential winner may be required to show proof of being an authorized account holder.
Released Parties (as defined in Section 10, below) are not responsible for (i) lost, late, unreceived, damaged, incomplete, improperly submitted, undeliverable, invalid, unintelligible, garbled, delayed, misdirected or otherwise irregular Sweepstakes entries; (ii) theft, destruction, unauthorized access to or alterations of entry materials; or (iii) phone, electrical, network, computer, hardware, software program or transmission malfunctions, failures or difficulties, all of which will render such entries void.
Any Sweepstakes entries (including any content therein) that are submitted, transmitted, or otherwise made available to Sponsor (via its website or otherwise) shall remain the sole and full responsibility of entrant. Accordingly, entrant represents and warrants to Sponsor that any entry submitted in connection with the Sweepstakes is:
- Entrant will receive three (3) additional entries for sharing the Unique Referral Code via email with other individuals that results in one (1) Referral Sign-Up; and
- Entrant will receive three (3) additional entries for sharing the Unique Referral Code on entrant’s personal social media channels including, but not limited to Facebook, Twitter, LinkedIn, and WhatsApp, that results in one (1) Referral Sign-Up.
8. Prizes: One (1) Sweepstakes winner will receive the prize consisting of the following items (the "Prize"):
- One (1) hOmeLabs Beverage Refrigerator with an approximate retail value (“ARV”) of $369.99 USD.
- One (1) hOmeLabs Ice Maker with an ARV of $149.99 USD.
- One (1) hOmeLabs Air Fryer Oven with an ARV of $229.99 USD.
- One (1) hOmeLabs Smokeless Grill with an ARV of $149.99 USD.
- One (1) hOmeLabs Touchless Trash Can with an ARV of $99.99 USD.
- One (1) hOmeLabs Air Purifier with an ARV of $99.99 USD.
- Three (3) Air Purifier Filter 2-Packs with a combined ARV of $149.97 USD.
- One (1) hOmeLabs Gas Patio Heater with an ARV of $249.99 USD.
ONLY ELEMENTS OF THE PRIZE DESCRIBED ABOVE MAY BE AWARDED TO WINNER. The ARV of the Prize represents Sponsor’s good faith determination of which is final and binding and cannot be appealed. If the actual value of the Prize turns out to be less than the stated ARV, the difference will not be awarded in cash. Prize is awarded “as is” with no warranty either express or implied. Prize is non- transferable, and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute a Prize (or portion thereof) for one of equal or greater value, in its sole discretion. Non-cash Prizes cannot be redeemed for cash. Winner is responsible for all taxes, fees and costs associated with Prize receipt and/or use not specified herein as being provided. All Prize details are at Sponsor’s sole discretion. Any portion or the Prize not accepted or unclaimed and/or unused by the Sweepstakes winner will be forfeited and will not be substituted and no additional compensation will be provided. Odds of winning a Prize depend on the number of eligible entries received during the Promotion Period. Total approximate retail value of all Prizes may be less than or equal to $1,500 USD.
9. Drawing and Notification: Sponsor will randomly select the potential Sweepstakes winners from all eligible entries during the Promotion Period on or about June 1, 2021. Potential winner will be notified by e-mail to the e-mail address they entered the Sweepstakes within five (5) business days following the winner selection. Potential winner must respond to accept or decline the Prize within seven (7) business days of notification. If a potential winner cannot be contacted within seven (7) business days of Sponsor’s notification, does not respond timely to Sponsor within seven (7) business days of Sponsor’s notification, or if Prize or Prize notification is returned as undeliverable, an alternate potential winner will be randomly selected by Sponsor. Upon Prize forfeiture, no payment or other compensation will be made to the original potential winner. Potential winner must sign and return an affidavit of eligibility, liability and publicity release within seven (7) business days of acceptance or an alternate potential winner may be selected. Since the approximate retail value of the Prize is greater than $600, a Social Security Number or Individual Taxpayer Identification Number is required to be provided to Sponsor and/or Prize Provider for issuance of a 1099 Form. All fees, federal, state and other taxes, costs and expenses relating to the use, acceptance and possession of the Prize are the sole responsibility of the winner. In the event of noncompliance with any requirement, the non-complying potential winner will be disqualified from the Sweepstakes. In the event that a potential winner is disqualified for any reason, Sponsor will award the Prize to an alternate winner by random drawing from among all remaining entries.
10. Release: By entering, entrants agree to release, discharge, indemnify, defend and hold harmless Sponsor, and their respective parents, subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and Prize suppliers, and each of their respective officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim, damages or liability due to any injuries, losses or damages to any person (including death) or property of any kind resulting in whole or in part, directly or indirectly, from receipt, enjoyment, ownership, possession, use, misuse or inability to use any Prize, or participation in the Sweepstakes or a related activity, whether under contract, tort (including negligence), warranty or any other applicable sources of law, including, without limitation (i) any condition caused by events beyond Sponsor’s control that may cause the Sweepstakes to be disrupted or corrupted; (ii) any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of the Prize, or acceptance, possession, or use of the Prize or from participation in the Sweepstakes; and (iii) any printing or typographical errors in any materials associated with the Sweepstakes.
IN NO EVENT WILL THE RELEASED PARTIES BE LIABLE TO YOU FOR ANY DIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH YOUR PARTICIPATION IN THE SWEEPSTAKES, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT SPONSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
11. Publicity: Except where prohibited, by participating in the Sweepstakes and/or winning any Prize, entrant consents to Sponsor’s and its agents’ use of their name, user name, Prize information, likeness, submission, photograph (including, without limitation, winner's Twitter/Instagram profile photo), biographical information, entry and statements attributed to entrant (if true), voice, opinions and/or hometown and state for promotional purposes in any and all media, now or hereafter devised, worldwide in perpetuity, without further payment or consideration, notification or permission. Nothing herein shall constitute an employment, joint venture, or partnership relationship between entrant and Sponsor.
12. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, in whole or in part, for any reason, including any fraud, technical failures, human errors or any other factor that impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor in its sole discretion. In such event, Sponsor, in its sole discretion, may elect to hold a random drawing from among all non-suspect eligible entries received during the Promotion Period for any or all of the Prizes offered herein or as otherwise deemed fair and appropriate by Sponsor. Sponsor reserves the right to disqualify any reentrant or winner, as determined by Sponsor, in its sole discretion. Any attempt by an entrant or any third party to circumvent, tamper, disrupt or damage the Sweepstakes entry process, defraud or gain an unfair advantage, engage in unsportsmanlike, disruptive, annoying, harassing or threatening conduct, or otherwise undermine the fairness, integrity and legitimate operation of the Sweepstakes, will result in automatic disqualification from the Sweepstakes and may constitute a violation of criminal and civil laws. Sponsor reserves the right to seek damages (including attorneys’ fees and other remedies) from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
13. Limitations of Liability: The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing, typographical, technical or other errors caused by or arising out of any of the equipment or programming associated with or utilized in the Sweepstakes; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software, or lost, interrupted or unavailable network, server, internet service provider (“ISP”), website or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed or misdirected transmissions; (3) unauthorized human intervention in any part of the entry process or the Sweepstakes; (4) other errors or problems of any kind relating to or in connection with Sweepstakes, whether computer, network, technical, mechanical, typographical, printing, human or otherwise, including, but not limited to, errors or problems which may occur in the administration of the Sweepstakes, the processing of entries, submissions, posts or Tweets, the announcement of the Prizes or in any Sweepstakes-related, materials; (5) late, lost, undeliverable, damaged, incomplete, inaccurate, stolen, delayed, misdirected, not received or stolen mail or entries, submissions, tweets, posts, comments, direct messages, @replies on any social media platforms, emails or other communications; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes or receipt or use or misuse of any Prize. If for any reason an entrant's entry is confirmed to have been erroneously deleted, lost, not received or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Sweepstakes, if it is possible. No more than the stated number of Prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of Prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of Prizes by a random drawing among all legitimate, un-awarded, eligible Prize claims.
14. Disputes: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any Prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the state or federal courts located in the State of Delaware; (2) any and all claims, judgments and awards shall be limited to reasonable actual out-of-pocket costs incurred, including those reasonable costs associated with entering this Sweepstakes, and in no event will entrant be permitted to obtain attorneys’ fees or other legal costs; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for reasonable actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. 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 Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Delaware without giving effect to any choice of law or conflict of law rules (whether of the State of Delaware or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Delaware.
15. Entrant's Personal Information: Information collected from entrant is subject to Sponsor’s Privacy Policy. Please review these Sweepstakes Official Rules and Sponsor’s Privacy Policy. By participating in the Sweepstakes, entrants hereby agree to Sponsor’s collection and use of their personal information and acknowledge that they have read and accepted these Sweepstakes Official Rules and Sponsor’s Privacy Policy.
16. Third Party Websites: Where a Sweepstakes involves access to or use of a third party website or social media channel (“Third Party Website”), entrant understands and agrees that:
a. Sponsor has no control over the Third Party Website whatsoever;
b. Entrant’s use of or interaction with any Third Party Website related to or connected with the promotion or entry of this Sweepstakes is subject to each Third Party Website’s privacy policy;
c. Entrant is solely and fully responsible for their dealings with the Third Party Website and is alone responsible for making whatever investigation they feel is needed or useful before commencement of dealings, and taking all precautions deemed necessary to protect themselves from viruses, worms, Trojan horses, malware and other harmful or destructive materials potentially residing on the Third Party Website; and
d. Sponsor disclaims all responsibility for any harm resulting from entrant’s access to or use of a Third Party Website.
17. Winners List: For the name of the winner, send a written request and stamped, self-addressed envelope (VT residents may omit return postage) to the following address: Aterian, Inc., Attn: Legal, 37 East 18th Street, New York, NY 10003. Requests for the names of the winners must be received no later than six (6) months after the Promotion Period has ended.