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Wyze Pets Giveaway 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. PURCHASE OR PAYMENT WILL NOT INCREASE ODDS OF WINNING.

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, whichever is older) at the time of entry. Directors, officers, members, managers, and employees of Wyze Labs, Inc. (“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. PROMOTION IS IN NO WAY SPONSORED, ENDORSED, ADMINISTERED BY, OR ASSOCIATED WITH, INSTAGRAM, INC., TWITTER, INC., OR PIXLEE, INC.

2. Promotion Period: The Promotion starts at 12:00:01 a.m. Pacific Time on 07/20/2020 and ends at 11:59:59 p.m. Pacific Time (“PT”) on 08/09/2020 (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. The Promotion consists of a series of separate weekly sweepstakes (each a “Weekly Sweepstakes”). The first Weekly Sweepstakes starts at 12:00:01 a.m. PT on 07/20/2020 and ends at 11:59:59 p.m. PT on 07/26/2020. After the first Weekly Sweepstakes, each subsequent Weekly Sweepstakes will start at 12:00:01 a.m. PT on Monday and end at 11:59:59 p.m. PT on Sunday. All entries must be received during the applicable Weekly Sweepstakes 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, complete the steps as instructed for the following method of entry during a Weekly Sweepstakes: a. Instagram Method of Entry: (i) Log-in or join Instagram at www.instagram.com and set your account to “public” (joining Instagram is free); (ii) post a funny image or video of your pet. Optional: take the picture of your pet with a Wyze Cam or with your pet and your favorite Wyze product! (iii) use the hashtag #wyzepets and tag @wyze in your post; or b. Pixlee Method of Entry: (i) Go to https://www.pixlee.gallery/wyzelabs-wyzepets (ii) upload your submission with a funny image or video of your pet. Optional: take the picture of your pet with a Wyze Cam or with your pet and your favorite Wyze product; or c. Twitter Method of Entry: (i) Log-in or join Twitter at www.twitter.com and set your account to “public” (joining Twitter is free); (ii) post a funny image or video of your pet. Optional: take the picture of your pet with a Wyze Cam or with your pet and your favorite Wyze product! (iii) use the hashtag #wyzepets and #Sweepstakes and tag @wyzecam in your post. By submitting an entry as instructed through any of the above methods (“Submission”), you agree that your Submission conforms to the Guidelines and Restrictions below. Sponsor may choose to remove any Submission or disqualify you from the applicable Weekly Sweepstakes if it believes that your Submission fails to conform with the Guidelines and Restrictions. Upon completion of all required entry steps and compliance with the Guidelines and Restrictions, you will automatically receive one entry into the Weekly Sweepstakes.

Important: Sponsor may not be able to communicate via some Instagram features if entrant does not “follow” or otherwise connect his or her account with Sponsor’s @WyzeCam or @Wyze account. Sponsor is not responsible for changes to Instagram, Twitter, or Pixlee (or any website or mobile application offered as part of such services), including any Instagram functionality, that may interfere with a Promotion or ability of a participant to timely enter or otherwise participate. Sponsor is not responsible for misspellings, typographical errors, or other issues that may affect the ability of Sponsor to locate a purported Submission.

Limit: ONE ENTRY PER PERSON DURING EACH WEEKLY SWEEPSTAKES PERIOD, REGARDLESS OF METHOD OF ENTRY. Any attempt to obtain additional entries, including through multiple or duplicate accounts will result in disqualification. Entries into each Weekly Sweepstakes are not cumulative and do not roll over into future Weekly Sweepstakes.

Submission Guidelines and Restrictions:

a. Your Submission must not supply untruthful, incomplete, inaccurate, or misleading information.

b. Your Submission must be your original creation and be owned 100% by you, or, alternatively, you must have the full rights to grant the license and other rights that you grant to Sponsor in Section 9 and Section 10 below.

c. Your Submission must not (in Sponsor’s discretion): (i) violate any third party rights, including copyrights, trademark rights, or rights of privacy and publicity; (ii) contain disparaging or defamatory statements; (iii) include threats to any person, place, business, or group; (iv) be obscene, offensive, or indecent; (v) depict any risky behavior; (vi) contain material that promotes bigotry, racism, hatred, or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age; (vii) contain unauthorized third party trademarks or logos; or (viii) contain an image of a person under the age of majority in your jurisdiction of residence (a “Minor”) unless you are the parent or legal guardian of such Minor and you agree to the license in Section 10 on such Minor’s behalf.

d. You represent and warrant that: (i) the Submission does not violate any applicable law, rule or regulation; (ii) to the extent the Submission depicts any individual or features the voice or other qualities of any individual, you are the individual pictured, heard, or otherwise featured in the Submission, or, alternatively, that you have obtained written permission from each person appearing in the entry to grant the rights to Sponsor described in these Official Rules, and will make written copies of such permissions available to Sponsor upon request; (iii) the Submission complies with the Instagram terms of use; and (iv) the Submission complies with all requirements of these Official Rules. 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 Submissions 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 associated with the social media account on which the Submission is made. 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: On each Monday after the end of the prior Weekly Sweepstakes Period, Sponsor will select the names of three potential winners of the prizes [in a random drawing from among all eligible Submissions for such Weekly Sweepstakes at Sponsor’s headquarters as listed in Section 16 below]. The odds of winning depend on the number of eligible entries received for each Weekly Sweepstakes Period. As explained in Section 3 above, the pool of entries will reset for each Weekly Sweepstakes Period and Sponsor will select from the new pool of entrants for each Weekly Sweepstakes.

Each potential winner will be notified via email or direct message (DM) via their method of entry platform on the Monday following the end of the applicable Weekly Sweepstakes Period. To the fullest extent permitted by applicable law, Sponsor may require each potential winner to sign and return, as specified by Sponsor, 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 or the potential winner does not respond within seven days of being notified by Sponsor; (ii) any required documents are not returned as specified by Sponsor, 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. Alternate drawings will be held until the prizes are 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: For each Weekly Sweepstakes, three winners will receive the following prize: (a) 1 Wyze Cam Pan + Wyze Cam Plushy Toy + 1 pair of Wyze Socks + Wyze Sticker (ARV $38); ARV of all prizes each Weekly Sweepstakes: $114

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, Twitter, Inc., Instagram, Inc., Pixlee Inc., and any of their 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 OR SERVICES 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, hometown, aural and visual likeness, and prize information, and the name(s), hometown(s), aural and visual likeness(es) of any other individual(s) depicted in the Submission 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 (and any other individual(s) depicted in the advertising 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. License to Submission: By entering the Promotion and providing your Submission in connection with the Promotion, you hereby grant to Sponsor a perpetual, irrevocable, royalty-free, worldwide, nonexclusive license, (with the right to sublicense), to publish, reproduce, display, perform, distribute, adapt, edit, modify, translate, create derivative works based upon, and otherwise use and sublicense your Submission, or any portion thereof (including your name and likeness and any other individual’s name and likeness as shown and conveyed in the Submission), in connection with the Promotion and for other advertising, marketing, and promotional purposes, and to incorporate Submissions, in whole or in part, into other works in any manner, form, media, or technology now known or later developed. Sponsor will have no obligation to publish or use or retain any Submission you submit or to return any such Submission to you. You agree that it is your sole responsibility to obtain all permissions and releases necessary for the grant of the rights contained in this paragraph. You agree to take, at Sponsor's expense, any further action (including execution of affidavits, tax forms, and other documents) reasonably requested by Sponsor to effect, perfect, or confirm Sponsor's rights as set forth above in this paragraph. You will not be entitled to compensation for any use by Sponsor, or its agents, licensees, or assignees, of your Submission.

11. Privacy: See Sponsor’s Privacy Statement at https://wyze.com/privacy-statement.

12. Winner List; Rules Request: For a copy of the winner list, send a stamped, self-addressed, business-size envelope for arrival within one year after the end of the applicable Weekly Sweepstakes to the address listed in Section 16 below, Attn: Wyze Pet Giveaway Promotion. To obtain a copy of these Official Rules, visit https://wyze.com/wyze-pets-giveaway-official-rules or send a stamped, self-addressed, business-size envelope to the address listed in Section 16 below, Attn: Wyze Pet Giveaway Promotion. VT residents may omit return postage.

13. Intellectual Property Notice: WYZE is a trademark of Wyze Labs, Inc. The Promotion and all accompanying materials are copyright © 2020 by Wyze Labs, Inc. All rights reserved.

14. Disputes: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, 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 WESTERN DISTRICT OF WASHINGTON OR THE APPROPRIATE STATE COURT LOCATED IN KING COUNTY, WASHINGTON. THESE OFFICIAL RULES ARE GOVERNED BY THE LAWS OF THE STATE OF WASHINGTON, 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.

15. 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, any Weekly Sweepstakes, 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” or “including” in these Official Rules is illustrative and not limiting.

16. Sponsor: Wyze Labs, Inc., 3933 Lake Washington Blvd NE, Suite 350, Kirkland, WA 98033.