General Contest & Giveaway Rules

Who May Enter

Contests & giveaways are only open to legal U.S. residents with valid email address OR who are new or existing registrants of TomatoInk.com with valid email address OR who are Facebook and/or Twitter "fans"/"followers" of a TomatoInk.com Inc. property with valid email address. When entering the Contest or Giveaway, an opportunity to sign up to receive follow-up information and promotional emails from TomatoInk.com may be available. Entrants subject to all notices posted online including but not limited to Privacy Policy, Community Guidelines and Terms of Use. Employees and their immediate families (spouse, parent, child, sibling and their respective spouses, regardless of where they reside) or those living in the same household (whether or not related) of TomatoInk.com ("Sponsor"), and their respective parents, affiliates, subsidiaries, prize suppliers, distributors and advertising and promotion agencies (collectively, "Contest Parties") are not eligible to enter or win. Contestants may need to provide proof of residency upon request.

How to Enter

To enter, follow directions as outlined in the website of social media posting. Instructions for emailing and/or registering and posting comments are included on each contest or giveaway page individually. All entries must be received by the date and time outlined in the contest or giveaway posting. For purposes of these Official Rules, "receipt" of Entry occurs when the Sponsor's servers record the Entry information resulting from contestants' entry being received in the inbox and/or Comments area. Any automated computer receipt (such as one confirming delivery of email) does not constitute proof of actual receipt by Sponsor for purposes of these Official Rules.

Entry must be the original work of the contestant, may not have been previously published, may not have won previous awards, must not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person and must not violate any law.

Sponsor reserves the right to disqualify any Entry for any reason, in its sole and absolute discretion.

Odds of winning depend upon number of entries received.

Winner Selection

Every entrant has the equal rights to win the prize (unless stated otherwise). After completion of every contest or giveaway, the winner will be selected randomly via random.org.

Winner Notification

Winner(s) will be determined after the Contest's end date and will be notified by email, phone or social media post. At the discretion of the Sponsor, Winner may be disqualified for any of the following reasons: if charged with or convicted of a felony or misdemeanor, is not eligible based on the eligibility requirements set forth above, or if delinquent on a government ordered payment, such as, but not limited to: child support, spousal support, alimony, tax payments, etc. In the event it is determined that the Winner has not complied with these Official Rules, has failed to execute and return any required documents within the specified time period, has made false statements or a prize notification is returned as undeliverable, then the Winner will be disqualified and at Sponsor's sole discretion, the Entry with the next highest score may then be declared the alternate Winner.

Prizes

Prizes are specified within individual contest rules. Prizes are non-transferable and non-exchangeable (Unless ruled appropriate by the judges at the time of dispersing). No substitution or cash equivalent will be made. TomatoInk.com Inc., reserves the right to substitute a prize of equal or greater value if the awarded prize is unavailable for any reason.

Claiming the Prize

If the value of the prize is $500 or above, winners agree to provide proof of age, SSN and identity (photo identification) and to execute an affidavit of eligibility, indemnification, and release within 30 days of winning(unless otherwise specified). Prizes can be mailed, so long as winner completes a mail release form and also provides copy of photo identification. Failure to comply will result in forfeiture of prize. Unclaimed prizes will not be awarded. All federal, state, and local laws and regulations apply. All federal, state, and local taxes are the sole responsibility of the winner.

Publicity Release

Participation constitutes permission for TomatoInk.com Inc., without further obligation to the contest winner, to use winner's name, voice, photos, address, and likeness for promotional purposes.

Miscellaneous Conditions

Contest Parties and their respective officers, directors, agents, representatives, and employees (collectively, "Released Parties") are not responsible for lost, late, misdirected, damaged, stolen, altered, garbled, incorrect, incomplete or delayed Entries; all of which will be void. Released Parties are also not responsible for problems related to technical malfunctions of electronic equipment, computer online systems, servers, or providers, computer hardware or software failures, phone lines, failure of any Entry to be received by Sponsor on account of technical problems, traffic, congestion on the internet or the website, or for any other technical problems including telecommunication, miscommunication or failure, and failed, lost, delayed, incomplete, garbled, or misdirected communications which may limit a contestant's ability to participate in this Contest. Released Parties are not responsible for any other errors or malfunctions of any kind, whether network, printing, typographical, human or otherwise relating to or in connection with the Contest, including, without limitation, errors or malfunctions with may occur in connection with the administration of the Contest, the processing or judging of Entries, the announcement of the prize or in any Contest-related materials. Mass entries generated by a script, macro or use of automated devices will be disqualified. Sponsor reserves the right to modify, suspend or terminate the Contest in the event it becomes infected by a computer virus or is otherwise technically impaired, and to cancel or suspend the Contest in its entirety should tampering, unauthorized intervention, fraud, technical failures or other causes corrupt the administration, security, fairness, integrity or proper play of the Contest and, if terminated, at Sponsor's discretion, determine the Winner using all non-suspect, eligible entries received up to time of cancellation using the judging procedure outlined above.

Arbitration & Choice of Law

Except where prohibited by law, as a condition of participating in this Contest, Contestant agrees that (1) any and all disputes and causes of action arising out of or connected with this Contest, or any prizes awarded, shall be resolved individually, without resort to any form of class action lawsuit, and exclusively by final and binding arbitration under the rules of the American Arbitration Association and held at the AAA regional office nearest the contestant; (2) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (3) judgement upon such arbitration award may be entered in any court having jurisdiction. Under no circumstances will contestant be permitted to obtain awards for, and contestant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys' fees, other than contestant's actual out-of-pocket expenses (i.e., costs associated with entering this Contest), and contestant (or, if an eligible minor, his/her parent or legal guardian) further waives all rights to have damages multiplied or increased. All issues and questions concerning the construction, validity, interpretation and enforce-ability of these Official Rules, or the rights and obligations of contestants and Sponsor in connection with this Contest, shall be governed by, and construed in accordance with, the substantive laws of the State of California, USA without regard to California choice of law rules.

Caution

Any attempt by a contestant to deliberately damage any website or undermine the legitimate operations of the Contest is a violation of criminal and civil laws. Should such an attempt be made, the Sponsor reserves the right to seek damages from any such contestant to the fullest extent permitted by the law and to disqualify such contestant from the Contest.

Sponsor

TomatoInk.com Inc.
33268 Central Ave.
Union City, CA 94587