Terms & Conditions – ~Pourri

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Terms & Conditions

NO PURCHASE NECESSARY

 1. INTRODUCTION: This site is a product of Poo~Pourri, operated by Scentsible LLC. These Terms and Conditions govern your use of our web app and participation in our Poo~Pourri Regift Rumble (the “Regift Rumble”). By accessing and using our services, you agree to abide by these Terms and Conditions.

2. ACCEPTANCE OF TERMS: By accessing and participating in the Regift Rumble, you signify your acceptance of these Terms and Conditions. If you do not agree to these terms, please refrain from using our services.

3. ELIGIBILITY: The Regift Rumble is open only to individuals who: (i) are legal residents of the United States, excluding residents of Florida; (ii) are 18 years of age or older at the time of entry; (iii) have a valid mailing address within the United States; and (iv) agree to execute any and all releases and waivers as required by Poo~Pourri. Select prizes in the Regift Rumble require individuals that are 21 years of age or older and proof of such with a valid government issued identification. Employees, agents, officers and directors of Scentsible, LLC d/b/a Poo~Pourri (“Poo~Pourri”), its affiliates, subsidiaries, distributors, advertising and promotion agencies and their immediate family members and/or those living in the same household of each, and anyone involved in the production, development or handling of the Regift Rumble (collectively, the “Released Parties”) are not eligible to enter or win in this promotion. Residents of Florida are ineligible.

4. APPLICABLE LAW: The Regift Rumble is being conducted pursuant to the laws and regulations of the State of Texas. Entry into the Regift Rumble constitutes acceptance of the application of this law regarding any interpretation and regulation of the Regift Rumble, these Terms and Conditions, and the use of the Poo~Pourri web app.

5. HOW TO ENTER: The Regift Rumble begins at 10:00am EST on November 1, 2023 and ends at 11:59pm PST December 27, 2023 (the “Promotion Period”). To participate in the Regift Rumble, participants must have one of the limited-run NFC tap-enabled Pocket Sprayers (the “Pocket Sprayers,” and each individually, a “Pocket Sprayer”). There are only 20,000 units of these Pocket Sprayers available. If a participant does not have a Pocket Sprayer, then a participant may enter into and participate in the Regift Rumble by mailing an entry submission to Poo~Pourri that includes a reference to the “Poo~Pourri Regift Rumble” and the following basic contact information: your name, street address, phone number, and email address. Upon Poo~Pourri’s receipt of an entry submission by mail, Poo~Pourri will provide the participant with login instructions for the Regift Rumble via email, text, or other form of communication from the contact information provided by the participant in the entry submission. The entry submissions shall be mailed to Scentsible, LLC d/b/a Poo~Pourri, Attention: _________ at 4901 Keller Springs, Suite 106D, Addison, TX 75001 and shall reference “Poo~Pourri Regift Rumble.” Any attempt by any participant to enter more than once by using multiple/different accounts, identities or logins, or any other method will void that participant’s entry and that participant may be disqualified.

6. HOW TO PLAY: Each participant can access the game once per day per account. To initiate the game, participants owning a Pocket Sprayer must tap their NFC-enabled smartphone to the Pocket Sprayer, which will open the game link. Participants who registered through mailing in a valid and complete entry submission will initiate the game by logging-into their account in accordance with the instructions provided to the participant by Poo~Pourri in the communications that follow the participant’s entry submission. Participants must skill and strategy to win the rarest prizes. Upon entering the game each day, participants will be granted access to one round of play per day. This play can be used to unwrap a new gift or to swipe a gift from another participant’s inventory. Participants will be able to see the rarity of the prize contained in each virtual gift and how many other participants hold that same type of prize in their inventory. Each participant can hold a maximum of three virtual gifts in their inventory. Participants may earn tokens that provide boosters to participants by completing objectives in the game. The boosters provided by the tokens allow participants to protect their virtual gifts or utilize different special abilities to help win the rarest prizes. At 11:59pm PST December 27, 2023, the gameplay will conclude, and all virtual gifts within a participant's inventory will unveil their corresponding "end game" prize on December 28, 2023.

7. PRIZES: Prizes in the Regift Rumble range in value from $0.00 to $15,000.00. The rarity of a virtual gift does not necessarily correlate with its real-world value. For prizes valued over $600.00, winners will be required to complete an additional tax form to claim their prize. For prizes that are tied to specific events, including but not limited to concert tickets, winners will receive their prizes at least twenty-two (22) days prior to the event date unless specified otherwise. Odds of winning each prize will depend upon the participant’s skill and strategy. The number of each prize will depend the number of eligible participants of the Regift Rumble; provided, however, there is only one Grand Prize. One Grand Prize Winner will select one prize from the following prize selection: (1) an all-expenses-paid trip for two to Iceland; or (2) a cash prize in the amount of $15,000.00. The Grand Prize Winner’s selection is hereinafter referred to as the Grand Prize. The Grand Prize Winner must be 21 years of age or older to win the Grand Prize. If the Grand Prize Winner selects the all-expenses-paid trip for two to Iceland option, then Poo~Pourri will provide vouchers for plane tickets and hotel accommodations, along with the remaining cash intended for food and car rentals. Additionally, if the Grand Prize Winner selects the all-expenses-paid trip for two to Iceland option, then the Grand Prize Winner must be accompanied by another individual that is 21 years of age or older. All other details of the Grand Prize not stated herein are at the sole discretion of Poo~Pourri and subject to the terms and conditions of the voucher. Please visit this page HERE for an official prize break down of all prizes. All prizes, including the Grand Prize, are subject to change due to unforeseen circumstances. All prizes are final and cannot be refunded. Poo~Pourri is not responsible for any issues arising from prizes not produced or manufactured by Poo~Pourri. All prizes consisting of free product or promotional discount offer from Poo~Pourri or its affiliated partners are subject to availability of inventory, explicitly stated expiration dates, and standard shipping rates. Sizes of prizes are not guaranteed and are based on inventory at the time the winner of such prize claims the free product or uses the promotional discount code. All unclaimed prizes, including the Grand Prize, will be voided after January 31, 2024 11:59pm PST.

8. CLAIMING AND DELIVERY OF PRIZES: To claim a prize, winners must follow the instructions provided within the Regift Rumble game interface or any subsequent communication from Poo~Pourri. Winners will be notified via the contact information associated with winner’s game account. It is the responsibility of the user to ensure that their contact information is accurate and up-to-date. Upon winning a prize, winners will receive an email, text, in app notification, or other form of communication notifying participants that the prizes are revealed. Beginning on December 28, 2023, participants will be shown the details of the prize(s) that they have won and the steps to claim such prize(s) via the web app. Winners may be required to provide proof of identity, age, and residency to ensure eligibility, which may include, but is not limited to, government issued identification, proof of address, or other relevant documents. Depending on the nature of the prize, a prize may be delivered electronically, offered as a single promotional code, mailed, or provided in person. Physical prizes will be sent to the address provided by the winner via the contact information associated with the winner’s game account. Poo~Pourri is not responsible for any lost, stolen, or undelivered prizes due to incorrect address information or other issues outside of Poo~Pourri’s control. Winners are encouraged to claim their prizes promptly to ensure timely delivery and to enjoy the full benefits of their winnings. The information you provide as part of the Regift Rumble may be used for and by Poo~Pourri per the terms and conditions outlined in these Terms and Conditions and its privacy policy, which is available at http://www.poopourri.com/legal/privacy-policy/.

9. GENERAL CONDITIONS: All applicable federal, state, and local taxes, if any, and all other costs and expenses associated with the prize acceptance and use not specified herein are the sole responsibility, including travel and accommodation expenses. For prizes valued over $600.00, including but not limited to the Grand Prize, winners will be required to complete and submit any required tax forms before the prize can be awarded and failure to do so within the specified timeframe may result in forfeiture of the prize. All winners of prizes have until January 31, 2024 11:59pm PST to claim such winner’s prize(s) unless otherwise stated. All unclaimed prizes, including the Grand Prize, will be voided after January 31, 2024 11:59pm PST. All prize details are at Poo~Pourri’s sole discretion. Each participant shall be limited to winning a maximum of three (3) prizes per participant. Each household of participants shall be limited to two (2) participants per household and limited to winning a maximum of six (6) prizes per household. The awarding of a prize is contingent upon full compliance with these Terms and Conditions. All prizes are non-transferable and a winner cannot exchange, substitute, assign, or transfer a prize for cash or other alternatives unless explicitly stated. Notwithstanding the foregoing, Poo~Pourri reserves the right, at its sole discretion, to substitute a prize with one of equal or greater value in the event that a prize becomes unavailable due to unforeseen circumstances. All fees and surcharges, if applicable, are the sole responsibility of the winner. All prizes won are provided "as is" and may not be refunded or exchanged. Poo~Pourri reserves the right, at its sole discretion, to disqualify any individual it finds, in its sole discretion, to be tampering with the entry process or the operation of the Regift Rumble or Poo~Pourri’s web app; to be acting in violation of these Terms and Conditions; or to be acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Poo~Pourri will prosecute any fraudulent activities to the full extent of the law.

10. LIMITATION OF LIABILITY: Poo~Pourri is not responsible for any damages or issues arising from the use of the web app or participation in the Regift Rumble. Released Parties disclaim all and any liability for the actual provision, quality, or nature of any prize accepted by the winner. Upon receipt of a prize, winners agree to release Poo~Pourri and its affiliates from any liability, loss, injury, or damage incurred as a result of the acceptance, possession, use, or misuse of the prize. By participating in the Regift Rumble, each participant and winner waives any and all claims of liability against the Released Parties for any personal injury or loss which may occur from the conduct of, or participation in, the Regift Rumble, or from the receipt or use of the prize. Poo~Pourri reserves the right, in its sole discretion to modify or terminate the Regift Rumble in the event of any act, occurrence, or reason that it believes would corrupt the integrity, administration, or fairness of the Regift Rumble.

11. INTELLECTUAL PROPERTY: All content, branding, and other intellectual property related to the Regift Rumble and the Poo~Pourri web app belong to Scentsible LLC. Unauthorized use or distribution is prohibited.

12. DISPUTES: Except where prohibited, each winner agrees that: (1) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in the Regift Rumble, but in no event attorneys’ fees; and (2) under no circumstances will any winner be permitted to obtain awards for, and each winner hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All disputes, issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions, the use of the Poo~Pourri web app, or the rights and obligations of the participant and Poo~Pourri in connection with the Regift Rumble, shall be governed by, and construed in accordance with, the laws of the State of Texas without giving effect to any choice of law or conflict of law rules (whether in the State of Texas, in the United States or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Texas.

13. PRIVACY POLICY: Your privacy is of utmost importance to us at Poo~Pourri, operated by Scentsible LLC. This section provides a brief overview of our privacy practices in relation to the "Regift Rumble" game and our web app. a. Data Collection: We collect information you provide directly to us, such as when you create an account, participate in the Regift Rumble, or communicate with us. This may include your name, email address, postal address, and other identifying information. b. Usage of Data: The information we collect is used to facilitate your participation in the Regift Rumble, to communicate with you, potentially remarket to you, and to improve our services. We may also use this information for promotional purposes, unless you opt out of such communications. c. User Choices: You have the right to access, correct, or delete your personal information. You can also opt-out of receiving promotional communications from us. d. External Links: Our web app may contain links to external sites. We are not responsible for the privacy practices or content of those sites. Always review the privacy policies of any third-party sites you visit. For a comprehensive understanding of how we handle your personal data, please refer to our full Privacy Policy. By participating in the Regift Rumble and using our web app, you consent to the practices described in this section and in our full Privacy Policy.

14. SPONSOR: Scentsible, LLC d/b/a Poo~Pourri is the sponsor and may be contacted at: 4901 Keller Springs, Suite 106D, Addison, TX 75001.

15. CONTACT INFORMATION: For any concerns, questions, or clarifications regarding these Terms and Conditions or the "Regift Rumble" game, please contact us at questions@pourri.com.

16. MISCELLANEOUS: Scentsible LLC d/b/a Poo~Pourri reserves the right to modify, add, or remove portions of these Terms and Conditions at any time. Participants are encouraged to review these terms periodically.