Social Giveaway Terms and Conditions: Scout Elf Return Week Giveaway

These terms and conditions prevail in the event of any conflict or inconsistency with any other communications, including advertising or promotional materials. Entry instructions are deemed to form part of the terms and conditions and by entering this promotion all participants will be deemed to have accepted and be bound by the terms and conditions. Please retain a copy for your information.     Promoter: CCA and B LLC d/b/a The Lumistella Company, 3350 Riverwood Parkway SE, Ste. 300, Atlanta, GA 30339.     Promotion: Scout Elf Return Week Giveaway  Eligibility   
  1. This Promotion is open to residents of the 48 contiguous United States ages 18 or over (excludes Alaska, Hawaii, all P.O. boxes, APO/FPO/DPO and U.S. territories, possessions, and protectorates).   
  2. This Promotion excludes employees of CCA and B LLC d/b/a The Lumistella Company (the “Promoter”), their immediate families, its affiliated companies, distributors, agents, or anyone else professionally connected to the Promotion.   
  3. Internet access and Facebook and/or Instagram account are required. No purchase necessary.  
  4. Entries are limited to one per person. Anyone trying to circumvent this rule by using alternative details including but not limited to creating multiple Instagram accounts will be disqualified.   
  5. Maximum of one prize package per person.   
  6. By entering the Promotion, you agree that your submission conforms to the Entry Requirements as defined below and that Promoter, in its sole discretion, may remove any submission and disqualify you from the Promotion if it believes that your submission fails to conform to the Entry Requirements.   
  Promotional Period   
  1. The Promotion is open from November 15, 202312 p.m. EST when the Facebook and Instagram posts announcing the Promotion is first posted, through November 18, 2023  at 11:45 p.m. EST. Deadline for entries is November 18, 2023 at 11:59 EST.  
  Entry Requirements   
  1. You must Like and comment and/or share via Direct Message on The Elf on the Shelf’s Facebook and/or Instagram page how your Scout Elf returned last year.  
  2. For your entry to be accepted, you must have a public profile on the Platform. Facebook and/or Instagram profile. Private profiles that enter and cannot be seen will not be accepted.  
  3. If you do not give correct details or if you make an entry on someone else’s behalf, you will be disqualified, at Promoter’s discretion.   
  4. Numerous factors outside the control of the Promoter may interfere with the operation of the Platform.Promoter does not therefore guarantee continuous, uninterrupted, or secure access to the platform.  
  5. Incomplete, illegible, misdirected, or late entries will not be accepted. Proof of sending will not be accepted as proof of delivery. Promoter takes no responsibility for entries delayed, incomplete or lost due to technical reasons or otherwise.   
  6. Photos or videos must be submitted in JPEG, GIF, PNG, TIFF, or MP4 format. Non-digital formats are not accepted.   Videos must be submitted in mp4 format. 
  7. Promoter reserves the right to crop photos and blur or remove any visible trademarks that are not Promoter’s.   
  8. Official Scout Elves must be depicted in photos or videos. Official Scout Elves are elves created by Promoter, which are generally depicted as a red-suited elf with a red pointed hat, white collar and white gloves. Photos that include any elves or characters other than those owned by Promoter will not be considered.   
  9. The inclusion of non-Elf on the Shelf® products in photos or videos may disqualify it from entering the contest.   
  10. Promoter monitors responses to this Promotion and if any responses or any previous posts you make or made are, or could, be regarded as being disrespectful towards other members of the Facebook and Instagram communities, or which contain anything which is likely to, or could cause offense or distress will be removed from the Promotion. As someone who enters the promotion, your use on Facebook and Instagram are subject to the terms and conditions located on Facebook: https://www.facebook.com/terms  and Instagram: https://help.instagram.com/581066165581870   
  11. Your submission will be deemed invalid if any post    a. contains defamatory, malicious, indecent, or other inappropriate content;   b. includes the names of any individual without their express permission; or   c. in the reasonable opinion of Promoter, causes any widespread or serious offense (taking into account prevailing social and community views or standards).   
  12. Your submission must not contain material that violates, infringes, or misappropriates any rights of any other party, including but not limited to copyright, trademark, privacy, publicity, or any other intellectual property rights.   
  13. By participating in the promotion, you grant Promoter a non-exclusive, royalty free, limited, irrevocable and sub-licensable right to use, reproduce, modify, adapt, publish and display such content for the purpose of this Promotion without compensation, or liability. You warrant that your submission and the materials therein are your original works, have not been copied, in whole or in part, from any third party and you have full authority to grant these rights. You also warrant that your submission does not grant you license or right to use Promoter’s intellectual property rights, including but not limited to copyright, trademark, privacy, or publicity.   
  14. Each entrant acknowledges this promotion is in no way associated, sponsored, endorsed or administered by Facebook and Instagram and agrees to completely release Facebook and Instagram from any claims arising in connection with this promotion.   
  15. No cash or other alternative prizes are available in whole or in part, except that in the event of circumstances outside of its control, Promoter reserves the right to substitute a similar prize of equal or greater value at Promoter’s discretion.   
  16. The prizes in whole or in part are non-transferable.   
  17. Please allow up to 90 days for delivery of the prize although Promoter will endeavor to send these out within 30 days of winning.   
  18. Your personal data will be collected by Promoter online, in accordance with its privacy policy. Please review the privacy policy: https://www.elfontheshelf.com/terms-and-conditions#privacy. By participating in the Promotion, you hereby agree to Promoter’s collection and usage of your personal information necessary to achieve the purposes of this promotion and its related efforts and acknowledge that you have read and accepted Promoter’s privacy policy.   
  1. Prize Package include the following items: Sweet Spinners Advent Calendar, Scout Elves At Play Peppermint Train Ride, Elf Pets Christmas Sweater Set, Claus Couture Sweet Treat Tees, Merry Minis Series 4, I Can Read Book, Sticker Book, Night Before Christmas Picture Book. Approximate retail value of the prize package is $106.72. Based on Inventory.  
Winner Selection and Notification   
  1. Two winners will be chosen at random from The Elf on the Shelf® Facebook and Instagram pages.   
  2. Winners will be announced in a social media post on The Elf on the Shelf® Facebook and Instagram pages at the conclusion of the giveaway period and will be required to provide personal information to fulfill a prize. If the winner does not make contact via Direct Message within 3 days of the announcement of the winner on the post, the prize will then be offered to another winner who will be selected in the same manner. 
  1. The Promoter is not responsible for the acts or default of third-party suppliers but will endeavor to resolve any issues that may arise.   
  2. The Promoter’s decision is final with regard to all promotional matters.   
  3. If, for any reason, any aspect of this promotion is not capable of running as planned, including by reason of infection by computer virus, network failure, bugs, tampering, unauthorized intervention, fraud, technical failures or any other cause beyond the control of the Promoter which corrupts or affects the administration, security, fairness, integrity or proper conduct of this competition, the Promoter may in its sole discretion modify or suspend the competition or invalidate any affected entries. If an act, omission, event or circumstance occurs which is beyond the reasonable control of the Promoter and which prevents the Promoter from complying with these terms and conditions the Promoter will not be liable for any failure to perform or delay in performing its obligation.   
  4. The Promoter reserves the right to verify all entries including but not limited to asking for address and identity details (which you must provide within 7 days) and to refuse to award a prize or withdraw prize entitlement, and/or refuse further participation in the Promotion and disqualify you where there are reasonable grounds to believe there has been a breach of these terms and conditions or any instructions forming part of this Promotion’s entry requirements or otherwise, where you have gained unfair advantage in participating in the promotion or won using fraudulent means.   
  5. Winners’ full names will be available by sending an email request to compliance@lumistella.com for a period of 3 months following the end of the Promotion Period. When contacting this email address, your request will be actioned in line with Promoter’s Privacy Policy.   
  6. The Promoter and its associated agencies and companies will not be liable for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense or damage which is suffered or sustained (whether or not arising from any person’s negligence) in connection with this Promotion or accepting or using the prize, except for any liability which cannot be excluded by law (including personal injury, death and fraud) in which case that liability is limited to the minimum allowable by law.   
  7. This Promotion is in no way sponsored, endorsed or administered by, or associated with Facebook or Instagram. By entering the promotion, all participants accept that they have no claim against Facebook or Instagram. By entering the promotion, all participants agree to a complete liability release for Facebook and Instagram.   
  8. If any of these clauses should be determined to be illegal, invalid or otherwise unenforceable then it shall be severed and deleted from these terms and conditions and the remaining clauses shall survive and remain in full force and effect.   
  Data Protection   
  1. The Promoter will only use the personal details supplied for the administration of the Promotion and related purposes, unless we have your additional consent for it. Your personal details will at all times be kept confidential and in accordance with applicable privacy laws. You can request access to your personal data, have any inaccuracies rectified, or have your information deleted by sending an email to compliance@lumistella.com.  By participating in the Promotion, you agree to the use of your personal data as described here. For more detailed information please review our privacy policy. https://www.elfontheshelf.com/terms-and-conditions#privacy.