OFFICIAL RULES
Orkin® Bug Week Bracket Challenge Contest and Sweepstakes
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PROMOTION PERIOD: The Orkin® Bug Week Bracket Challenge Contest and Sweepstakes(the “Promotion”) starts at 12:00 AM Eastern Time (“ET”) on April 3, 2023 and ends at 11:59 PM ET on April 11, 2023 (the “Promotion Period”).
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ADMINISTRATOR & SPONSOR: The Promotion is administered by Don Jagoda Associates, Inc., 100 Marcus Drive, Melville, NY 11747 (“Administrator”) and sponsored by Orkin, LLC, 2170 Piedmont Rd. NE, Atlanta, GA 30324 (“Orkin” or “Sponsor”).
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ELIGIBILITY: Promotion is open to legal residents of the fifty (50) United States and the District of Columbia, excluding residents of Puerto Rico and US territories and possessions, who are eighteen (18) years of age or older as of the date of participation. Employees of Sponsor and their parents, subsidiaries, divisions, affiliates, employees, directors, shareholders, suppliers, distributors and advertising, promotional and judging agencies, including Administrator, DDB Chicago INC (individually and collectively with Sponsor and Administrator, “Indemnitee(s)”) and their immediate family members (spouses, parents, children, and siblings and their spouses) and household members of each (whether related or not) are not eligible to participate or win. Void where prohibited by law or where the registration or filing requirements of any state or local jurisdiction have not been complied with. All federal, state and local laws and regulations apply.
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HOW TO PARTICIPATE: There is NO PURCHASE NECESSARY to participate in the Promotion. A purchase does not increase your chances of winning. During the Promotion Period, you may enter the Promotion by visiting https://orkin.jebbit.com/ujuyev5a?L=Full+Page (“the Website”) to fill out and submit the registration form, including selecting the bugs you think would win (“Selections”) in each match in the bracket (“Bracket”). All Selections must be correct (i.e., you must have a perfect Bracket) in order to be entered into the Grand Prize Drawing (as defined herein). See below in the event there are no perfect Brackets. All Brackets must be submitted by 11:59 PM ET on April 11, 2023 to be eligible. Limit one (1) Bracket per person during the Promotion Period. Participants who submit a perfect Bracket in compliance with these Official Rules (each, an “Entrant”) will receive one (1) entry (“Entry”) in the Grand Prize Drawing. Please note: by submitting an Entry you are agreeing to these Official Rules.
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GENERAL ENTRY CONDITIONS: Entries limited to one (1) Entry per participant during the Promotion Period. Multiple participants may not use the same email account. Any attempt by a participant to acquire more than one (1) Entry by using numerous email addresses, registrations, identities, or any other methods will void that participant’s entries and that participant may be disqualified. The use of automated software or computer programs to register or enter the Promotion is prohibited, and any individual who uses or attempts to use such methods to register or to enter will be disqualified. Valid Entries must contain all information requested. Incomplete entries will be disqualified. In the event of a dispute as to the identity of an Entrant, the authorized account holder of the email account used for Entry will be deemed to be the Entrant and he/she must comply with these Official Rules. The potential Winner (as defined below) may be required to show proof of being the authorized account holder. The "authorized account holder" is the natural person assigned to the email account by the email provider. All Entries will be provided to and become the property of the Sponsor and will not be acknowledged or returned. Entrant acknowledges and agrees that all information submitted by Entrant in connection with the Promotion may be shared by the recipient Indemnitee with all other Indemnitees. Neither Sponsor nor Administrator are responsible for lost, late, incomplete, invalid, illegible or misdirected Entries, which will be disqualified; for technical failures of any kind, including, but not limited to, electronic malfunctioning of any network, hardware or software; any failed, incomplete, garbled or delayed computer transmissions or any combination thereof; or for any error, human, technical or otherwise; or any injury or damage to Entrant’s or any other person’s computer related to or resulting from entering, participating in, or accessing or downloading information in connection with, this Promotion. Sponsor reserves the right at its sole discretion to modify, cancel or suspend this Promotion for any reason whatsoever including, but not limited to, a computer virus, bug, or other cause beyond the control of Sponsor. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds tampering with the operation or entry process of the Promotion, or acting in violation of these Official Rules or applicable law. Entries delayed past the Promotion Period will not be accepted and will be destroyed.
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WINNER SELECTION AND ODDS OF WINNING: During the Promotion Period, there will be one (1) winner (the “Winner”).On or about April 14, 2023, Administrator will select one (1) Winner from all eligible Entries (i.e., perfect Brackets) received during the Promotion Period through random drawing (“Grand Prize Drawing”). The Grand Prize Drawing will be conducted by Administrator, whose decisions are final on all matters relating to the Grand Prize Drawing. In the event there are no eligible Entries (i.e., perfect Brackets) received during the Promotion Period, on or about April 14, 2023, Administrator will select one Winner from all Brackets submitted during the Promotion Period (also “Grand Prize Drawing”) through random drawing. Odds of winning are dependent upon the total number of eligible Entries received during the Promotion Period or, if no eligible Entries (i.e., perfect Brackets) are received, odds of winning are dependent upon the total number of Brackets submitted during the Promotion Period. Winning Entry or Bracket, as applicable, is subject to verification.
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WINNER NOTIFICATION: By participating in this Promotion, participants expressly agree to electronic communications with the Sponsor and/or Administrator for the purposes of administrating this Promotion. Potential Winner will be notified by email within thirty (30) days of the date of the Grand Prize Drawing or as soon thereafter as reasonably practicable. Potential Winner must follow instructions given by Sponsor or designated agent, including, but not limited to, responding to notification with requested information, within three (3) days of receiving notification. Awarding any prize is subject to verification of potential Winner’s eligibility and full compliance with these Official Rules. Except where prohibited, selected potential Winner will be required to complete and return to Sponsor or its designated agent an Affidavit of Eligibility and a Liability/Publicity Release Form (“Affidavit and Release”) within three (3) days of notification. Only after the Affidavit and Release is received by Sponsor or designated agent will a potential Winner become an “Official Winner” for purposes of this Promotion. Failure to return the signed Affidavit and Release within three (3) days following the date of delivery thereof may result in forfeiture of the prize. At Sponsor’s discretion, Winner may be required to produce picture or some other form of proper identification to claim any prize. Sponsor reserves the right to substitute any prize with prize (or portion of prize) of equal or greater value. If (i) a potential winner cannot be contacted as specified above, (ii) he/she declines the prize, (iii) he/she fails to return the signed Affidavit and Release by the deadline specified above, (iv) any notification is returned as undeliverable, or (v) a potential Winner is deemed ineligible for any other reason in Sponsor’s sole discretion, the potential Winner will be disqualified and forfeit the prize and an alternate Winner may be randomly selected in his/her place from among all remaining eligible Entries or Brackets, as applicable. Up to three (3) alternate Winner drawings may be conducted for the unawarded Promotion prize, after which the prize will remain unawarded. If by reason of printing or other error, more prizes are claimed than the number of prizes set forth in these Official Rules, the advertised number of prizes in the relevant category/ies will be awarded to Entrants selected according to the process outlined under Section 7 of these Official Rules. Under no circumstances will more than the advertised number of prizes be awarded.
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PRIZE AND APPROXIMATE RETAIL VALUE (“ARV”): Exactly one (1) prize (the “Grand Prize”) will be awarded in connection with this Promotion. Official Winner will receive a 5-day/4-night trip for Official Winner and one (1) guest toReykjavík, Iceland. Trip includes round-trip economy air transportation from major airport nearest Official Winner’s home, hotel accommodations for four (4) nights (based on double occupancy), $500 awarded as a check, and round-trip ground transfers to/from the airport/hotel. The ARV of the Grand Prize is $4,550. Actual retail value of the Grand Prize may vary depending on Official Winner’s city of departure and any difference in value will not be awarded. Prize may not be substituted for cash. All prizes under the Promotion are awarded "AS IS". Neither Sponsor nor Administrator make or offer any warranty or guarantee, either express or implied (including, without limitation, quality, merchantability and fitness for a particular purpose) in connection with the Promotion or any prize. Prize details and availability are subject to change, in which case a prize of equal or greater value may be substituted at Sponsor's sole discretion. Prize consists only of the items listed herein, are non-transferable, with no cash redemption, substitution or extension except at Sponsor's sole discretion. Airline carrier's regulations and conditions apply. Trip may not be combined with any other offer and travel may not qualify for frequent flyer miles. Winner and guest must travel together on the same itinerary. Guest must be 18 years of age or older and must execute a release of liability prior to travel. All expenses and costs associated with acceptance or use of the Grand Prize (including, but not limited to, taxes, insurance, telephone charges, room service and laundry services, personal expenses, gratuities, entertainment, activities, incidental charges, or any other items not specifically described in these Official Rules, any transportation not mentioned within such prize description and all expenses for any of the foregoing) are the responsibility solely of the Official Winner. An IRS Form 1099 will be issued if required by law. No refund or compensation will be made in the event of the cancellation or delay of any flight except at the sole discretion of Sponsor. Trip must be taken by April 15, 2024; certain restrictions and blackout dates may apply. Travel is subject to the terms and conditions set forth in these Official Rules and those set forth by Sponsor’s airline carrier of choice as detailed in the passenger ticket contract. Lost, stolen or damaged airline tickets will not be replaced or exchanged. Sponsor will not be responsible for any cancellation, delay, diversion or substitution or any other act or omission whatsoever by any air carrier(s) or other transportation company or provider or any other person or entity providing any services to passengers in connection with the Grand Prize trip, or any results thereof such as changes in services or accommodations necessitated by same. ln the event the Official Winner or guest engage in behavior that (as determined by Sponsor in Sponsor's sole discretion) is inappropriate or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to terminate the trip early, in whole or in part, and send the Official Winner and guest home with no further compensation to the Official Winner or guest. Official Winner and guest must possess valid travel documents (i.e., valid government issued passport, etc.) in order to travel from the 50 US/DC to Iceland and back. Official Winner and guest must also pass any required medical testing and comply with any additional requirements, at any time, that may be required or recommended by any government agency, venue, or Sponsor, including without limitation, passing one or more COVID-19 antigen and screening tests, and testing negative for COVID-19 or having been vaccinated against COVID-19.
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LIMITATIONS OF LIABILITY; RELEASE: Indemnitees are not responsible for and Entrants release Indemnities from any failures of any kind, whether caused by computer, technical, or human error, which may either limit the Entrant’s ability to submit their Selections, an Entry, claim or collect a prize, or otherwise participate in this Promotion, or either’s ability to include all eligible Entries, conduct random drawings, notify potential Winners, or otherwise execute this Promotion in the manner intended. Indemnitees are not responsible for late, incomplete, misdirected, inaccessible Bracket submissions, Internet connections or email; or for any computer, telephone, wireless, satellite, cable, network, electronic, Internet or phone hardware or software malfunctions, failures, connections, or availability, or garbled, corrupt or jumbled transmissions, service provider/Internet/website/use net/accessibility, availability, or traffic congestion, Internet contact, or any technical error, or program errors or malfunctions or unauthorized human intervention, or the incorrect or inaccurate capture of Bracket or other information, or the failure to capture, or loss of, any such information, or for any human error, technical error or other error of any kind in connection with the offering or operation of the Promotion. The Indemnitees are not responsible for any incorrect or inaccurate information, whether caused by Website users, tampering, hacking, or by any of the equipment or programming associated with or utilized in the Promotion and assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, technical error, theft or destruction or unauthorized access to the Website (or any other website). If for any reason the Promotion is not capable of running as planned (in whole or in part), as solely determined by Sponsor, including but not limited to by infection by computer virus, bugs, tampering, unauthorized intervention, fraud or technical failures that can corrupt or affect the administration, security, fairness, integrity or proper conduct of the Promotion, Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Promotion (in whole or in part). Sponsor or Administrator may, at its sole option and discretion, select a potential Winner through a random drawing from among all eligible Entries (i.e., perfect Brackets) received or, if no eligible Entries (i.e., perfect Brackets) are received, from all Brackets received, prior to cancellation to select the Winner. The right is reserved by Sponsor to disqualify any individual found, at its sole discretion, to be tampering with the entry process or the operation of the Promotion or Website, to be acting in violation of the Official Rules, or to be acting in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Indemnitees are not responsible for any injury or damage to participant’s or any other person's computer/mobile phone or device related to or resulting from participation in or downloading (or uploading) any materials from this Promotion. Participants further agree not to knowingly damage or cause interruption of the Promotion and/or prevent others from participating in the Promotion. CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE OR WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION VIOLATES CRIMINAL OR CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE OR AN INDIVIDUAL OTHERWISE ATTEMPTS TO DEFRAUD SPONSOR, SPONSOR MAY DISQUALIFY ANY PARTICIPANT MAKING SUCH ATTEMPT AND SEEK DAMAGES TO THE FULLEST EXTENT OF THE LAW. By submitting a Bracket, to the fullest extent permitted by applicable law, each participant releases and agrees to hold harmless each of the Indemnitees and all other companies involved in the development, operation or marketing of the Promotion or the provision of any prize or any component of any prize, and the successors and assigns of each of the foregoing, and the parents, subsidiaries, affiliates, directors, officers, employees, representatives, and agents of each of the foregoing (the “Released Parties”) from and against any and all claims, causes of action and liabilities of any kind that the participant ever had, now has or might in the future have arising out of or relating to the Promotion, participation in the Promotion, the acceptance, receipt or use of prize or any component thereof and/or any use of the participant’s name, likeness, voice and/or biographical information, any statement attributed to the participant and/or any Brackets/Entries or any component thereof, including without limitation any and all claims, causes of action and liabilities, including those (a) relating to any personal injury, death or property damage or loss sustained by any participant or any other person, (b) based upon any allegation of violation of the right of privacy or publicity, intellectual property infringement, misappropriation, defamation or violation of any other personal or proprietary right or (c) or based upon any allegation of a violation of any law, rule or regulation relating to personal information or data security. Each participant agrees not to assert any such claim or cause of action against any of the Released Parties. Indemnities disclaim all and any liability for the actual provision, quality or nature of any third-party product or service accepted by the winners. Entrants assume all risk of loss, damage, destruction, delay or misdirection of materials/mail/email submitted to Sponsor and/or Administrator. As a condition of participating, Entrants agree that (1) under no circumstances will any Entrant be permitted to obtain awards for, and each Entrant hereby waives all rights to claim punitive, incidental, consequential or any other damages, other than for actual out-of-pocket expenses, (2) all causes of action arising out of or connected with this Promotion, or any prizes awarded, shall be resolved individually, without resort to any form of class action and shall be resolved exclusively by arbitration under the rules of the American Arbitration Association; and (3) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event attorney’s fees.
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PUBLICITY & MARKETING. By entering or participating in the Promotion, participants expressly agree and consent to Sponsor’s use of Winner’s name, voice, statements, image and likeness for purposes of advertising and trade, in any medium, whether now known or hereafter devised, worldwide, in perpetuity, without further compensation or notice, unless prohibited by law. Submission of contact information in connection with this Promotion (whether or not required), including mailing address, phone number, and email address, during entry constitutes permission for Sponsor to add Entrant to Sponsor’s customer database and to contact Entrant in the future for promotional and other reasons. We may use email to communicate with you, to send information that you have requested or to send information about other products or services developed or provided by us, provided that, we will not give your email address to another party to promote their products or services directly to you. You may opt-out of receiving such communications as set forth in Sponsor’s Privacy Policy or as provided within any such marketing materials (e.g., using the “Unsubscribe” feature provided in the footer of Sponsor’s emails).
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ADDITIONAL CONDITIONS: Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Should any provision of these Official Rules be deemed unenforceable or invalid, the other provisions of these Official Rules shall remain in full force and effect. In the event that this Promotion is challenged by any legal or regulatory authority (including but not limited to any federal or state governmental authority), Sponsor reserves the right to discontinue or modify the Promotion, as applicable, or to disqualify any Entrants residing in any affected geographic areas, as applicable. In such event, Sponsor shall have no liability to any Entrants who are disqualified due to such an action.
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DISPUTES: You agree that any and all disputes, claims and causes of action arising out of, or connected with, the Promotion or the prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the State of Georgia. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, your rights and obligations, or the rights and obligations of the Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of Georgia, without giving effect to any choice of law or conflict of law rules (whether of the State of Georgia or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Georgia.
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REQUEST FOR NAMES OF PRIZE WINNERS AND OFFICIAL RULES: To receive a Winner List and/or a copy of these Official Rules by email, send an email to: winners@dja.com with “Orkin Bug Week Bracket Challenge Promotion (01-2813-02)” as the subject line (and include either Winner or Official Rules). To receive a Winner List and/or a copy of these Official Rules by regular mail, send a self-addressed stamped envelope to: “Orkin Bug Week Bracket Challenge Promotion (01-2813-02),” Don Jagoda Associates Inc., 100 Marcus Drive, Melville, NY 11747. Attn: RB. Please note on the front left-hand corner of your outer envelope whether you are requesting “Official Rules” or “Prize Winner.” Residents of Vermont requesting a copy of the Official Rules may omit return postage. Requests must be received by June 30, 2023.