Official Rules
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN.
VOID WHERE PROHIBITED BY LAW.
The following Promotion is intended for all players of the Jolly Battle game (“Entrants”) and shall be construed and evaluated according to the laws of the United States. Further eligibility restrictions are contained in the official rules (“Official Rules”) below.
1. PROMOTION PERIOD
The Jolly Battle Promotion (the “Promotion”) begins at 8 am Pacific Time (“PT”) on August 5, 2022 and ends at 12 pm PT on August 18, 2022 (“Promotion Period”). The Sponsor of this Promotion is JollyCo LLC, Saint Augustine, FL 32092, USA 601 HERITAGE DR # 207 (“Sponsor”).
2. ELIGIBILITY
Promotion is for US residents only and open to all Entrants who are at least 18 years of age or older as of August 5, 2022. Promotion is void in Guam, Puerto Rico and all other U.S. territories and possessions and in all countries and territories where restricted or prohibited by law.
Employees, shareholders, officers, directors, agents, and representatives of Sponsor and its parent companies, affiliates, divisions, subsidiaries, agents, representatives and promotion and advertising agencies are not eligible to participate in the Promotion.
3. TO ENTER
You must have an Instagram account to participate in the Promotion. If you do not already have an account, create an account according to the instructions on Instagram.
Please note that you must agree to comply with the Instagram Terms of Use in order to create an account. To enter the Promotion, subscribe to Sponsor’s Instagram page located at https://www.instagram.com/jollybattle.game/ , like the promotional post, and respond on the promotional post during the Promotion Period (each an “entry”). Entrant must be the rightful owner of the account identified with the entry.
In the event of a dispute as to the identity of a winner, the winner will be deemed the natural person in whose name the Instagram account was opened. All accepted entries are at the sole discretion of Sponsor. Limit one entry per Instagram account for the duration of the Promotion.
Multiple entries from the same Instagram account will count as one. Your entry must comply with the Instagram Community Guidelines available at https://www.instagram.com/ and must NOT contain material which is sexually explicit or suggestive, obscene, pornographic, violent (e.g., relating to murder, the sales of weapons, cruelty, abuse, etc.), promotes the use of illegal drugs, tobacco, firearms/weapons or any other activities that may appear unsafe or dangerous, discriminatory (based on race, ethnicity, sex, religion, national origin, physical disability, sexual orientation or age), illegal (e.g. underage drinking, substance abuse, computer hacking, etc.) or offensive, threatening, profane, harassing or derogatory to any person. Entries must NOT include any content that infringes upon or otherwise violates the intellectual property or other rights of any person or entity. Entries generated by a script, macro or other automated means will be disqualified. Incomplete, unreadable, or unintelligible entries may be disqualified. NO OTHER METHOD OF SUBMISSION WILL BE ACCEPTED.
Participation in the Promotion constitutes Entrant’s understanding of, full and unconditional agreement to, and acceptance of these Official Rules. Sponsor reserves the right to disqualify any entrant that Sponsor determines to be in violation of any term contained in these Official Rules, including the Instagram Community Guidelines or that exceed the entry limitations. Sponsor’s decision not to enforce a specific provision of these Official Rules does not constitute a waiver of that provision or of the Official Rules generally. Sponsor has the right to change the Promotion Period and all other dates or deadlines set in connection with this Promotion, at any time and in its sole discretion and notice will be posted on jollyco.us. Normal internet access and usage charges imposed by your online service will apply. If you participate from your mobile phone, such activity will be subject to the charges pursuant to your wireless service provider’s rate plan. Please consult your wireless service provider for more information. Participants are solely responsible for any related equipment, application, and internet access charges, if any. Sponsor is not responsible for any unauthorized third party use of any entry.
4. PRIZE
One (1) prize will be available to win, consisting of 4 (four) plush toys. The approximate retail value of the prize is $10 USD.
ALL FEDERAL, STATE AND LOCAL TAXES, AND ANY OTHER COSTS AND EXPENSES, ASSOCIATED WITH THE RECEIPT OR USE OF THE PRIZE ARE THE SOLE RESPONSIBILITY OF THE WINNER.
The prize, and all portions of the prize, are awarded WITHOUT WARRANTY OF ANY KIND, express or implied, without limitation.
5. WINNER SELECTION, CRITERIA AND NOTIFICATION
Potential winner will be selected in a random drawing conducted by Sponsor from all eligible entries on or about August 18, 2022. The winner will be notified via comment on the promotional post.
A winning entrant will have ten (10) days after the first attempted notification to respond; if such entrant does not respond within ten (10) days, the prize will be forfeited and no alternative winner will be chosen.
Sponsor reserves the right to disqualify anyone not fully complying with the Official Rules.
6. CONDITIONS OF PARTICIPATION/RELEASES
Promotion is void where prohibited or restricted by law. All federal, state and local laws and regulations for the country of each Entrant apply. By participating, each Entrant agrees to be bound by these Official Rules and the decisions of the Sponsor, which shall be final in all respects. By participating in this Promotion and/or by accepting any prize that he or she may win, each Entrant agrees to release Sponsor, Instagram and all entities involved in the production, sponsorship and/or promotion of the prize or Sponsor’s games or programming, or any part thereof, and each of their respective parent, subsidiary and affiliated companies, units and sponsors, divisions and 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 “Released Parties”) from any and all actions, claims, injury, loss or damage arising in any manner, directly or indirectly, from participation in this Promotion and/or acceptance or use of the prize. Each entrant authorizes Sponsor to use his/her name, username, voice, likeness, biographical data, city and state of residence and entry materials in programming, games or promotional material, worldwide in perpetuity, or on a winner’s list, if applicable, without further compensation or notice unless prohibited by law. 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 at Sponsor’s sole discretion without further obligation, notice or compensation.
The Released Parties shall not be liable for: (i) late, lost, delayed, damaged, stolen, misdirected, postage-due, incomplete, unreadable, inaccurate, garbled or unintelligible entries, release forms, communications or affidavits, 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 and all losses, damages, rights, claims and action of any kind in connection with or resulting from participation in the Promotion; (v) acceptance, possession, grant, or use of any prize, including without limitation, personal injury, death and property damage arising there from; (vi) claims based on publicity rights, defamation or invasion of privacy; or (vii) any printing, typographical, human administrative or technological errors in any materials associated with the Promotion.
Sponsor disclaims any liability for damage to any computer system resulting from participating in, or accessing or downloading information in connection with this Promotion. Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend the Promotion (or any portion of the Promotion) should a virus, bug, computer problem, unauthorized intervention or other cause or problem corrupt or inhibit the administration, security or proper play of the Promotion and, in such situation, to select the winner(s) from among all eligible non-suspect entries received prior to and/or after such action or in such manner as deemed fair and appropriate by the Sponsor. Sponsor may prohibit you from participating in the Promotion or winning a prize if, in its sole discretion, it determines you are attempting to undermine the legitimate operation of the Promotion by cheating, hacking, deception, or any other unfair playing practices or intending to annoy, abuse, threaten or harass any other participants or Sponsor’s representatives.
7. GOVERNING LAW
The Promotion shall be governed by and construed in accordance with the laws of the State of Florida, applicable to contracts made and performed therein without reference to conflicts of law principles. All disputes related to this Promotion or these Official Rules shall be resolved individually, without resort to any form of class action, and exclusively by the United States federal court in City of Miami, Florida (Miami-Dade County).
All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of Florida, without giving effect to any choice of law or conflict of law rules (whether of the State of Florida or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Florida.
8. INDEMNITY
Entrant shall indemnify, defend and hold harmless the Released Parties from and against any and all claims, damages, actions, liability, loss, injury or expense, including reasonable attorneys’ fees and costs, arising out of or in connection with winner’s participation in the Promotion, including, without limitation, the acceptance, possession, grant, or use of any prize, including without limitation, personal injury, death and property damage arising therefrom.
9. PERSONAL INFORMATION/PRIVACY POLICY
Any personal information supplied by entrant to Sponsor will be subject to Sponsor’s privacy policy posted at https://www.jollyco.us/docs/privacypolicy/. Without limiting the foregoing, by entering the Promotion, entrant grants to Sponsor permission to share entrant’s personal information with third parties, if needed for the purpose of administration and prize fulfillment.
10.WINNER LIST/OFFICIAL RULES
To obtain a copy of the winner list or a copy of these Official Rules, send a separate, self-addressed, stamped envelope no later than one year following the end of the entry period, to: JollyCo LLC, Saint Augustine, FL 32092, USA 601 HERITAGE DR # 207 Attention: Jolly Battle Instagram Promotion.
11.DISCLAIMER
This Promotion is in no way sponsored, endorsed or administered by, or associated with Instagram.