Happy Haven Giveaways, LLC
Privacy Policy and Terms & Conditions
Privacy Policy + Terms And Conditions
PRIVACY POLICY
IN ORDER TO ENTER THE Happy Haven Giveaways, LLC (“Company”) giveaway (the “Giveaway”), YOU MUST BE 18 YEARS OR OLDER, and by entering the Giveaway, you represent you are 18 years or older. BY ENTERING THE GIVEAWAY, YOU CONSENT TO THE PRIVACY PRACTICES DESCRIBED IN THIS POLICY (“POLICY”), AS MODIFIED FROM TIME TO TIME BY COMPANY. THEREFORE, YOU SHOULD CAREFULLY REVIEW THIS POLICY SO YOU UNDERSTAND THE PRIVACY PRACTICES.
Information Collection
Company collects personally identifiable information (“Personal Information”) about you via your entry(ies) in the Giveaway when you provide it in connection with your Giveaway entry(ies). In addition, if using a mobile device to access the Giveaway, InstagramTM, or other social media, the Company and/or Instagram or other social media services may collect the device’s Unique Device Identifier which may be considered Personal Information. In general, you may browse the Company’s social media page(s) without providing any Personal Information other than the Unique Device Identifier when using a mobile device. By entering a Giveaway, certain Personal Information such as your name, username, and email address will be provided to Company. If you are selected as a winner of the Giveaway (“Winner”), Company will ask you for information such as first name, last name, street address, city, state, zip code, phone number, birth date and email address (the “Required Information”). When you submit your entry(ies) and/or are named a Winner, you are consenting to the collection, use, and disclosure of your Personal Information and Required Information as set forth in the Policy.
Company may also collect, store or accumulate certain aggregate, non-personally identifiable information concerning your visit to Company’s Instagram or other social media page, such as information regarding which of Company’s posts are most popular, your IP address, browser type (if on desktop) such as Internet Explorer®, Safari®, Chrome®, etc., city, time zone, referring URL, and operating system such as Windows®, Mac®, iOS® or Android®. Information gathered may be used in aggregate form for internal business purposes, such as generating statistics, developing marketing plans, customizing content, and improving Company’s Instagram or other social media page. Company may share or transfer such aggregate, non-personally identifiable information with or to affiliates, licensees, and partners.
Children’s Privacy Policy
We do not knowingly collect personal information from children under the age of 18. However, if the parent or guardian of a child under 18 believes that the child has provided us with personally identifiable information, the parent or guardian of that child should contact us at giveaways@happyhavengiveaways.com if the parent(s) want this information deleted from Company’s files so that it is not in retrievable form. If Company otherwise obtains knowledge that Company has personally identifiable information about a child under 18 in retrievable form in its files, Company will delete that information from its existing files so that it is not retrievable.
Use/Disclosure of Personal Information
Company and its affiliates and subsidiaries may use the Personal Information that you provide to create and deliver to you email marketing communications containing current and future giveaway, promotion, or other information. Company may also make your email address and other Personal Information available to its business partners, vendors and other third-party organizations and businesses to provide you with information about products, services and special offers that may interest you or to improve products, services and advertising. Many of our users find this a valuable and time-saving service.
If you have questions or concerns regarding this section of the Policy, please contact us at giveaways@happyhavengiveaways.com. Company may contract with third-party companies or individuals to provide certain services including email and hosting services, shipping, data management, surveys and marketing, promotional services, to assist in preventing or deterring fraud, etc. (“Service Providers”). Company may share Personal Information with Service Providers as deemed necessary. The collection of Personal Information provided in connection with a Giveaway will be used for the notification in the event the entrant is a winner; provided furthermore, however, that the entrant agrees and acknowledges that entrant’s contact information, including, but not limited to, its email address, may be provided or sold by Company to third parties, including, but not limited to brands who participated in the Giveaway and brands who may participate in other giveaways or promotions of Sponsor. Entrants may opt out of future communications from such third parties by using the unsubscribe link in the emails received, if any, from such third parties. Company shall have no liability for any such communications or Entrant’s inability to opt out from or with any third-party communication. Entrant hereby expressly agrees to Company’s Terms and Conditions, as well.
Company, in its sole discretion, may also disclose Personal Information in certain circumstances: (1) when Company have reason to believe that disclosing this information is necessary to identify, contact, or bring legal action against someone who may cause injury to or interference with (either intentionally or unintentionally) the legal rights of the Company, or to anyone that could be harmed by such activities; (2) when Company believes in good faith that the law requires it, including compliance with legal process served on the Company; and (3) in situations involving threats to the physical safety of any person or entity.
Business Transfers
Information about Company’s users, customers, and Instagram and other social media pages is one of our most important business assets. Therefore, such information, including Personal Information, may be disclosed as part of any merger or acquisition, creation of a separate business, or the sale or pledge of the Company’s assets as well as in the event of an insolvency, bankruptcy or receivership in which Personal Information would be transferred as one of the business assets of the Company.
Ensuring Your Security
The Company uses secure technology, privacy protection controls, and restrictions on employee access, to safeguard your Personal Information. Please note, however, that although Company uses industry-standard security measures to safeguard the security of your Personal Information, no transmissions made on or through the Internet are guaranteed to be secure.
Technology Utilized
Please refer to Instagram’s Privacy Policy, available online at https://privacycenter.instagram.com/policy, to understand which technologies Instagram employs on its website. Company may combine automatically collected aggregate information from the Instagram platform with your Personal Information. In those cases, Company will apply this Policy to the combined information.
Do Not Track Signals
Some web browsers are developing or offering signals or other mechanisms for the expression of consumer choice regarding the collection of information about an individual consumer’s online activities over time and across third-party web sites or online services (e.g., a “Do Not Track” (“DNT”) signal). A DNT signal is a HTTP header field indicating your preference regarding tracking or cross-site user tracking. Company does not monitor or take any action with respect to DNT signals.
Ads and Information About You
Company may work with third parties, such as network advertisers and ad exchanges that use tracking technologies on Company’s Instagram or other social media page in order to provide tailored advertisements on Company’s behalf and/or on behalf of other advertisers across the Internet and Company may use Service Providers to evaluate and provide Company and/or third parties with information about the use of these ads on third-party sites and viewing of ads and of our content. Network advertisers are Service Providers that display advertisements, which may be based on your activities (including past visits to our Instagram page) across the Internet and mobile media (“Behavioral Ads”). Behavioral Ads enable Company to target advertisements to you for products and services in which Company believe you might be interested. If you object to receiving Behavioral Ads from Company on third-party sites, you can learn more about your ability to limit Behavioral Ads below. Our third-party ad network and exchange providers, the advertisers and/or traffic measurement services may themselves set and access their own technologies on your device and track certain behavioral usage information via a device identifier. These third-party technologies may be set to, among other things: (a) help deliver advertisements to you that you might be interested in; (b) prevent you from seeing the same advertisements; and (c) understand the usefulness of the advertisements that have been delivered to you.
Statements regarding Company’s practices do not apply to the methods for collecting information used by these Service Providers, third parties or the use of the information that such Service Providers or third parties collect. Company does however work with third parties to make efforts to have you provided with information on their practices and any available opportunity to exercise choice. Company makes no representations regarding the policies or practices of third-party advertisers or advertising networks or exchanges or related third parties.
Further, while sites use a variety of companies to serve advertisements, you may wish to visit http://www.networkadvertising.org/optout_nonppii.asp, which provides information regarding this practice by Network Advertising Initiative (“NAI”) members, and your choices regarding having this information used by these companies, including the “opt-out” procedures of NAI members. Opting out of one or more NAI members only means that those NAI members no longer will be allowed under their own rules to deliver Behavioral Ads to you but does not mean you will no longer receive any targeted content and/or ads. Also, if your browsers are configured to reject cookies when you visit this opt-out page, or you subsequently erase your cookies, use a different device or change web browsers, your NAI opt-out may not, or may no longer, be effective. You may also opt-out of receiving Behavioral Ads on participating sites and services by visiting the Digital Advertising Alliance (“DAA”) website (or if located in the European Union click here). Similar limitations may apply to the DAA opt-out. Company is not responsible for effectiveness of or compliance with any third parties’ opt-out options or programs.
External Links
Company’s Instagram page or the accounts that @happyhavengiveaways is following may offer links to and from other third-party sites. Company is not responsible for the content or information on those websites. In addition, other websites have their own privacy policies. If you visit one of these sites, you may want to review the privacy policy on that site. Please refer to the privacy policies on those sites to see how they collect and use your information.
International Users
Like almost every Instagram page and social media page, our Instagram page and social media pages may be accessed by an international audience. By visiting Company’s Instagram page or social media page and providing Company with data, you acknowledge and agree that your Personal Information may be processed for the purposes identified in this Policy. In addition, such data may be stored on servers located outside your resident jurisdiction and in jurisdictions which may have less stringent privacy practices than your own. By providing Company with your data, you consent to the transfer of such data.
Notification of Changes
Company may revise this Privacy Policy from time to time. If Company decides to change its Policy, we will post the revised Policy here. As Company may make changes at any time without notifying you, Company suggests that you periodically consult this Policy. Your continued entry(ies) into the Giveaway and/or visits to our Instagram page or other social media pages after the changes are posted constitutes your agreement to the changes, both with regard to information Company has previously collected from you and with regard to information we collect from you in the future. If you do not agree to the changes, please discontinue your entry(ies) into the Giveaway and/or visits to Company’s Instagram page and other social media pages.
TERMS AND CONDITIONS
HAPPY HAVEN GIVEAWAYS, LLC OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED.
DATES: The Happy Haven Giveaways, LLC (“Company”) is offering a giveaway of ________________________ (the “Giveaway”) that begins on _____________, and ends on _________________ (“Giveaway Period”). Instagram’s PST date and time stamp will be the “official computer” and official time keeping device for this Giveaway.
ELIGIBILITY: The Giveaway is open to eligible individuals in all eligible countries worldwide, who are eighteen (18) years of age or older (or the age of majority in their respective jurisdiction of residence) at the time of entry (the “Entrant”). Company employees and their immediate family members (parents, children, siblings or spouse, regardless of where they live, or persons living in the same household, whether related or not) of Company and each of its/their respective parent companies, divisions, affiliates, subsidiaries, distributors, advertising and agencies, and any others engaged in the development, production, execution or distribution of this Giveaway, including but not limited to GC Associates (the “Independent Administrator”) (all of the aforementioned collectively referred to as the “Excluded Entities”), are not eligible to participate. The Giveaway is subject to all applicable laws and regulations. This Giveaway is void where prohibited by law. By entering this Giveaway, Entrants indicate their full and unconditional agreement to, and acceptance of, these Official Rules, Terms and Conditions, and the decisions of the Company and/or Independent Administrator, which are final and binding in all respects. Winning the Giveaway (“Prize Winner”) is contingent upon fulfilling all requirements set forth herein. Company accepts no responsibility for any late or ineligible entries.
HOW TO ENTER: Instructions are posted on the Company’s Instagram Post. In order to enter the Giveaway, Entrant must be a registered InstagramTM user. To become a registered user, visit www.instagram.com and follow the instructions prior to entering this Giveaway. To enter, visit @happyhavengiveaways on Instagram and locate the Giveaway post (the “Post”). Then, complete the following steps to receive one (1) initial entry into the Giveaway (and as otherwise posted on Sponsor’s Instagram Post):
1.         Follow all of the Instagram accounts that @happyhavengiveaways is following.
 2.         Tag friends on the Post in the form of a comment on the Post that mentions an Instagram user’s username preceded by an “@”.
There will only be one (1) eligible Post made by Company in which the Entrant must complete the steps above to receive entry. Entrant may not use multiple Instagram accounts to enter.
Entrant may submit unlimited entries. In the event of a dispute regarding the identity of the person who submitted an entry, the entry will be deemed submitted by the Authorized Account Holder (defined below) of the email address connected with the Instagram account from which the entry was sent. “Authorized Account Holder” is defined as the natural person who is assigned to an email address by the Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. An Entrant may be requested to provide Company with proof that the Entrant is the Authorized Account Holder of the email address associated with the entry. Any attempt by any Entrant to enter this Giveaway using multiple/different accounts or any other methods may void the Entrant’s entry and may result in disqualification, at the sole discretion of Company. Use of any automated system to participate in the Giveaway is prohibited and may result in disqualification.
This Giveaway is in no way sponsored, endorsed or administered by, or associated with Instagram. You understand that you are supplying your information to the Company and not to Instagram.
ADDITIONAL CONDITIONS: Entrant’s entry cannot infringe on the intellectual property, privacy, or publicity rights or any other legal or moral rights of any third party. Post Comment(s) must be in English and must NOT include the brand name or the trademark of any other, except for Company. Entries not meeting the requirements as set forth in these Official Rules, Terms and Conditions, or entries that contain prohibited, inappropriate, or irrelevant content, as determined by Company and/or Independent Administrator in their sole discretion, will not be eligible and will be disqualified. Any entry suspected by Company and/or Independent Administrator of violating the proprietary rights of any third party (including but not limited to intellectual property rights and rights of privacy/publicity), or any local, state or federal law(s) will be disqualified, at Company’s sole discretion.
The Company and Independent Administrator are not responsible for any entry that is lost, late, misdirected or undeliverable, whether due to system errors, omissions, interruptions, deletions, defects, delays in operation or transmissions or any other reason, theft or destruction or failures, faulty transmissions or other telecommunication malfunctions, entries not received resulting from any hardware or software failures of any kind, lost or unavailable network connections, failed, incomplete or garbled computer or telephone transmissions, typographical or system errors and failures, technical malfunctions, or otherwise.
By participating, Entrant agrees that its entry may be shared on social media sites or other websites by the Company. By submitting an entry, Entrant grants Company and its affiliated companies worldwide, non-exclusive, perpetual, irrevocable, royalty-free, unconditional, and fully paid-up rights to publicly perform, display, broadcast, or transmit the entry, in whole or in part, for promotion and marketing purposes worldwide in any and all forms of media, whether now known or hereafter devised, and to distribute (directly or indirectly through multiple tiers) the entry to Company’s affiliates, its marketing agencies, and to third parties for these purposes. Without limiting the foregoing, each Entrant consents to have the Entrant’s entry made available for public viewing and/or comment on the Internet.
Each Entrant further agrees and warrants that he/she shall not submit any entry that is (a) false, inaccurate, or misleading; (b) infringes on any third party’s copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy; (c) violates any law, statute, ordinance, or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising); and (d) is or may reasonably be considered defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership, or corporation.
Without limitation, Company reserves the right in its sole discretion to disqualify any Entrant whose Instagram account that, in its sole opinion, refers, depicts or in any way reflects negatively upon the Company, the Giveaway or any other person or entity, does not comply with these Official Rules, Terms and Conditions, or if Company receives notification about any potential infringements or breaches of law or any other reason set forth herein. Company reserves the right to make revisions to its Giveaway rules and/or these terms and conditions, without notice to any Entrant.
NON-QUALIFYING ENTRIES: Entries (a) containing general obscene, lewd, crude, vulgar, profane, defamatory or inappropriate text, including acts of violence or acts that appear to cause harm, and/or (b) containing other offensive content and/or any content expressing explicit, graphic or excessive indecent content that is or could be considered inappropriate, unsuitable, or offensive, and/or (c) containing and displaying third-party brands prominently and intentionally, or any materials that violate or infringe (or may infringe) any copyright (including, without limitation, music or artistic work), trademark, logo, or other mark that identifies a brand, entity or other proprietary right of any person living or deceased, including but not limited to rights of privacy or publicity or portrayal in a false light, and/or (d) otherwise violate these Official Rules or Terms and Conditions, as determined by Company, in its sole discretion, shall be disqualified from the Giveaway. Company reserves the right to disqualify an entry with offensive content or material that it feels is inappropriate in any way. Late entries or entries sent via any other method than those stated above will not be accepted.
PRIZE: See Sponsor Post. On the end date, a random drawing will be conducted by the Independent Administrator whose decisions are based upon its sole discretion and interpretation of these Official Rules and Terms and Conditions and are final and binding in all respects. Odds of being selected as the Prize Winner are dependent upon the total number of entries received during the Giveaway Period. There is a limit of one (1) prize to be awarded for the entire Giveaway. No transfer or substitution of the Prize is permitted, except at Company’s sole discretion or as otherwise provided herein. Winner is solely responsible for all federal, state and local taxes. No more than the one (1) prize set forth in these Official Rules will be awarded. Except as otherwise set forth herein, a Prize Willer will be awarded.
NOTIFICATION/PRIZE CLAIM: Prize Winner will be notified by the Company by direct message via the Prize Winner’s Instagram account after the conclusion of the Giveaway (the “Notification”). The Notification will request that the Prize Winner respond with the following information: first name, last name, street address, city, state, zip code, phone number, birth date and email address (the “Required Information”) within three (3) business days of receipt of the Notification. It is highly recommended that Entrant’s confirm their account settings are set to “public”. Upon receipt of the Required Information, the Prize Winner will then be contacted by the Independent Administrator via email to complete, except where prohibited, an Affidavit of Eligibility/Liability/Publicity Release and an IRS W-9 Form (the “Winner Documents”) in order to claim the Prize. Winner Documents must be completed and returned by the date and time indicated in the email.
In the event that: (a) the Winner fails to respond to the Notification; (b) the Winner fails to respond due to deactivation of the Winner’s Instagram account prior to receipt of the Notification; (c) Winner fails to supply all the Required Information or the Winner Documents; (d) any Notification is returned as undeliverable; and/or (e) it is determined by the Sponsor, in its sole discretion, that the Winner is not eligible in accordance with these Official Rules, such Winner will be disqualified and an alternate Winner will be selected from the remaining non-winning eligible entries received during the Giveaway Period.
Prize Winner consents to use his/her name, address (city + state), voice, biographical information, and/or likeness for purposes of advertising, promotion and publicity, for this Giveaway only, without further compensation, unless prohibited by law.
The value associated with the prize is taxable as income, and the Prize Winner is solely responsible for any taxes, including, but not limited to, all applicable federal, state and local taxes that become due with respect to the value of the prize. Company, or a third party acting on its behalf, may be required to report the value of the prize to the Internal Revenue Service in the year the Prize is received by the Prize Winner; and, in such case, the value of the Prize will be reported to the Winner and the Internal Revenue Service in the form of a Form 1099 and/or other applicable tax forms.
GENERAL RULES OF PARTICIPATION: The Official Rules and Terms and Conditions will prevail. By participating in this Giveaway, Entrants and Prize Winner [a] release each and all of Company, Independent Administrator, and all Giveaway Entities, from any and all liability, damages or causes of action (however named or described) with respect to or arising out of participation in the Giveaway, and/or the receipt or use/misuse of the prize awarded, including, without limitation, liability for personal injury, death or property damage; and [b] agree to be bound by these Official Rules, Terms and Conditions, and the decisions of the Company/Independent Administrator, which are final in all respects and not subject to appeal. Company reserves the right permanently to disqualify from this Giveaway any Entrant or Prize Winner it believes has violated these Official Rules or Terms and Conditions. Company may prohibit an Entrant from participating in the Giveaway or winning the prize if, in its sole discretion, it determines that said Entrant is attempting to undermine the legitimate operation of the Giveaway by cheating, hacking, deception, or other unfair playing practices or intending to annoy, abuse, threaten or harass any other Entrants, Company, Independent Administrator, or Giveaway Entities. If for any reason this Giveaway is not able to be conducted as planned, including, but not limited to, by reason of infection by computer virus, bugs, tampering, unauthorized intervention, fraud or any other causes beyond the reasonable control of Company which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Giveaway, then Company reserves the right at its sole discretion to cancel, terminate, modify or suspend the Giveaway and select the Prize Winner based on the entries received up to the cancellation, modification, termination, or suspension date. Notification of such action will be provided on the Post. To the fullest extent permitted by law, Entrants covenant not to sue Company, Independent Administrator, or Giveaway Entity or cause them to be sued regarding any matter released above; and further covenant not to disaffirm, limit or rescind any releases. A waiver by one or more of the Company, Independent Administrator, or Giveaway Entities of any term in these Official Rules does not constitute a waiver of any other provision or waiver by all of Company, Independent Administrator or Giveaway Entities. CAUTION: ANY ATTEMPT BY A PERSON TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE GIVEAWAY MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND, SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY’S FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION. SPONSOR’S FAILURE TO ENFORCE ANY TERM OF THESE OFFICIAL RULES SHALL NOT CONSTITUTE A WAIVER OF THESE PROVISIONS.
NO LIABILITY: By participating, Entrants and Prize Winner agree to release, discharge, indemnify and hold harmless the Company, Independent Administrator,, any promoter of the Giveaway, Instagram, and the Giveaway Entities, and each of their respective officers, directors, employees, representatives and agents from and against any claims made by the Prize Winner, Entrants, or any other third parties, related in any way to the operation of this Giveaway as well as any other claims, damages or liability due to any injuries, damages or losses to any person (including death) or property of any kind resulting in whole or in part, directly or indirectly, from receipt, acceptance, possession, misuse or use of the prize; participation in any Giveaway-related activity; or participation in this Giveaway.
DISPUTES: Entrants agree that any and all disputes, claims, and causes of action arising out of, or connected with, the Giveaway or the Prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the Circuit Court in Buchanan County, Missouri. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules and Terms and Conditions, an Entrant’s rights and obligations, or the rights and obligations of Company in connection with the Giveaway, shall be governed by, and construed in accordance with, the laws of Missouri, without giving effect to any choice of law or conflict of law rules (whether of Missouri or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than Missouri.
PRIVACY: The collection of personal information provided in connection with this Giveaway will be used for the notification in the event Entrant is a Prize Winner; provided furthermore, however, that the Entrant agrees and acknowledges that Entrant’s contact information, including its email address, may be provided or sold by the Sponsor to third parties, including, but not limited to brands who participated in the Giveaway and brands who may participate in other Giveaway of Company. Entrants may opt out of future communications from such third parties by using the unsubscribe link in the emails received, if any, from such third parties. Sponsor shall have no liability for any such communications or inability of Entrant to opt out from or with any third-party communication. Entrant hereby expressly agrees to Company’s Privacy Policy, as well.
Entrant is aware that none of the Company, Independent Administrator, or Giveaway Entities are affiliated with ___________________________[insert name of brand of prize, if applicable] or any of its affiliates. In addition to the other provisions set forth above, Entrant and Winner confirm that by accepting the prize, Entrant/Prize Winner is assuming all risks associated with the prize and any damages or injuries resulting from the prize, including, but not limited to, injuries to Entrant/Prize Winner and/or Prize Winner’s family in the course of __________________, and Entrant/Winner will be solely responsible for any and all damages to ______________.
SPONSOR: Happy Haven Giveaways, LLC, a Missouri liability company
This Giveaway shall not be published without permission of Company. InstagramTM is a trademark of Instagram.