Scavenger Hunt - Terms & Conditions

BY ENTERING THE SCAVENGER HUNT, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT. NO PURCHASE NECESSARY TO ENTER OR WIN THIS SCAVENGER HUNT.  PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING.  VOID WHERE PROHIBITED BY LAW.

1. SCAVENGER HUNT PERIOD: Christkindlmarket Trick or Treat 2021 Scavenger Hunt (the “Scavenger Hunt”) begins on October 18, 2021 at 11:00 a.m. CT and ends on October 21, 2021, at 1:00 p.m. CT (the “Scavenger Hunt Period”). There will be three (3) daily Entry Periods within the Scavenger Hunt Period. Each daily Entry Period begins at 11:00 a.m. CT and ends at 1:00 p.m. CT each day beginning on October 19, 2021 and ending on October 21, 2021.  Sponsor’s computer is the official clock for the Scavenger Hunt.
2. ELIGIBILITY: Scavenger Hunt only open to residents of the 48 contiguous U.S. States (excluding Alaska and Hawaii) or D.C. who have reached the age of majority. Employees of Sponsor and its affiliates, subsidiaries, divisions, fulfillment and advertising and promotion agencies (“Scavenger Hunt Entities”), and any entity providing a prize for the Scavenger Hunt, and their immediate family members (spouse, parent, child, sibling and their respective spouses, regardless of where they reside, hereinafter “Family”), and those living in the same household of each such individual, whether or not related, are not eligible to enter or win.
3. HOW TO ENTER:

METHOD OF ENTRY: There is one method of entry for this Scavenger Hunt.  NO PURCHASE NECESSARY TO ENTER OR WIN.

To enter, you must have or create a Facebook or Instagram account. Membership on Facebook and Instagram is free. After you have established your Facebook and Instagram account, visit the official Christkindlmarket Chicago Facebook page at https://www.facebook.com/Christkindlmarket and the official Christkindlmarket Chicago Instagram page at https://www.instagram.com/thechristkindlmarket. Follow the Christkindlmarket Chicago Facebook page and the Christkindlmarket Chicago Instagram page during the Scavenger Hunt Period.  

By entering via a third party social network site, you are authorizing Sponsor to access and utilize portions of your social network site information. Sponsor reserves the right, at any time and for any reason or for no reason, to disassociate any person from its social media network page/following by any means then technically available to it (for example, “blocking” your account from liking or following Sponsor’s account).

Entrant acknowledges that Sponsor cannot control certain factors relating to use of the Facebook and Instagram platforms, including, without limitation, errors, cancellation of accounts or technical malfunctions that may affect any Entrant’s ability to enter, win, view, be advised of, be eligible for or be properly considered in the Scavenger Hunt. Multiple Entrants are not permitted to share the same Facebook or Instagram account or email address. Any attempt by any Entrant to obtain more than the stated number of entries by using multiple/different Facebook and Instagram accounts, email addresses, identities, registrations and logins, or any other methods will void that Entrant’s entries and that Entrant may be disqualified. Each potential winner may be required to show proof of being an authorized account holder. In the event of a dispute regarding the identity of an Entrant, a person who can demonstrate the ability to log into the applicable account with the correct username and password will be deemed the Entrant who submitted the entry. Sponsor may message Entrant via Facebook direct message to obtain email address for verification. Facebook and Instagram are not the sponsors, do not endorse, do not administer, and are in no way affiliated with the Scavenger Hunt.

LIMITS: There is a limit of one (1) entry per person per Entry Period, total of three days (3) for the entire Scavenger Hunt Period.  All entries become the property of Sponsor and will not be acknowledged or returned.

ENTRANT DATA AND PRIVACY: Submission of an entry and any prize notification documents (“Entrant Data”) constitutes your consent for Sponsor to obtain, use, and transfer your name, address, and other details for Sweepstakes administration purposes. Any Entrant Data shall be used only in a manner consistent with the consent given by entrants at the time of entry, with these Official Rules, and with Sponsor’s Online Privacy Policy, which can be found: https://www.christkindlmarket.com/privacy-policy/.  It is the general policy of Sponsor not to share personally identifiable information with third parties.

By accepting a prize, a Winner consents to the use of his/her first name and last initial on the Christkindlmarket Chicago Facebook and Instagram pages, and the use of his/her full name for promotional purposes by Sponsor and its designees, including but not limited to the posting of Winner’s name on the Sponsor website, in a Winners List, without additional compensation, except where prohibited by law (“Promotions”). All copyright, trademark, or other intellectual property rights in such Promotions shall be owned by Sponsor or its licensors and winner hereby disclaims and waives any claim of right to such Promotions. Such Promotions shall be solely under control of Sponsor or its licensors, and winner hereby waives any claim of control over the Promotions content as well as any possible claims of misuse of winner’s name under contract, tort or any other theory of law.

Note About Internet: Normal Internet access, data, and usage charges imposed by your Internet service provider may apply.

Note About Mobile: If Entrant opts to participate in this Scavenger Hunt via their mobile device, standard data charges may apply for data sent or received from Entrant’s device according to the terms and conditions of Entrant’s service agreement with Entrant’s wireless carrier. Other charges may apply (such as normal airtime, data charges, and carrier charges) and may appear on Entrant’s mobile phone bill or be deducted from Entrant’s prepaid account balance. Wireless carriers’ rate plans or data plans may vary, and Entrant should contact Entrant’s wireless carrier for more information on charges relating to Entrant’s participation in this Scavenger Hunt. Participation in this Scavenger Hunt by mobile phone means that Entrant understands that Entrant may receive additional data from Sponsor relating to this Scavenger Hunt, including notifications to Entrant if Entrant is a potential winner in this Scavenger Hunt, which will be subject to the charges pursuant to Entrant’s carrier’s rate plan. Cell phone/internet service may not be available in all areas. Entrant should check Entrant’s phone’s capabilities for specific instructions.

4. PRIZES, PRIZE DRAWING, AND ODDS OF WINNING:

PRIZE DRAWING: Sponsor will conduct one (1) prize drawing per Entry Period, for a total of three days (3) drawings during the entire Scavenger Hunt Period.  The drawings will be conducted within 24 hours of the end of each Entry Period from all eligible entries received during that Entry Period. Odds of winning depend on number of eligible entries received. Non-winning entries from each Entry Period will not carry forward nor be included in subsequent Entry Periods of this Scavenger Hunt. Non-winning entries at the end of the entire Scavenger Hunt Period will not carry forward to or be included in any subsequent sweepstakes or prize drawings of Sponsor.

PRIZE DETAILS:  Total of one hundred and twenty five (175) prizes. Prize Winners will receive the prize listed in Appendix 1 for the Entry Period in which Winner is selected. The approximate retail value (“ARV”) of all Prizes is U.S. $1,077. Third-party providers of prizes are not affiliated with, do not sponsor, and have not endorsed the Scavenger Hunt. 

PRIZE AWARDING:  Winners will be notified directly via email. All Prizes will be awarded, provided more than enough entries have been received. Sponsor will not replace any lost or stolen prize. No transfers, cash awards, or prize substitutions are permitted, except by Sponsor. Sponsor reserves the right to substitute a prize with one of comparable or greater value, at its sole discretion. Prize awarded is subject to verification of eligibility and compliance with these Official Rules. Prize winner may be required to sign an affidavit of eligibility, liability release, and where legal, a publicity release (collectively, the “Affidavit”), and return same, properly executed, within seven (7) days of issuance of notification. If a potential winner cannot be contacted after a reasonable number of attempts; is ineligible according to these Official Rules; fails to provide the required information and/or return the required documents within the specified time period; if a prize or prize notification is returned as undeliverable; a potential winner decides to decline his/her prize for any reason whatsoever, or if a potential winner otherwise fails to fully comply with these Official Rules, he/she will forfeit his/her prize and the prize may be awarded to an alternate winner from among all remaining eligible entries received, in the Sponsor’s sole discretion. Upon disqualification, no compensation will be given. Once the required information and official paperwork are received within the specified time period, verified, and receive final approval by Scavenger Hunt Entities, then and only then will a potential Scavenger Hunt winner become an actual Winner. Prize will be awarded in the name of the Winner. Decisions of the Sponsor are final in all respects of the Scavenger Hunt. 

PRIZES WILL BE ACCEPTED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE). Scavenger Hunt Entities have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to a prize, including express warranties provided exclusively by a prize manufacturer that may be sent along with a prize. Winner will not be obligated to purchase any other Sponsor products or services. Winner is responsible for reviewing all prize information and for any use of the prize.  Without limiting the foregoing, Winner is responsible for reviewing all ingredient, allergen, and product information of any prize.

5. LIMITATIONS OF LIABILITY/RELEASE: Scavenger Hunt Entities are not responsible for incorrect or inaccurate transcription of entry information, or for any human or printing error in these rules or any promotional materials, technical malfunctions, lost/delayed data transmission, omission, interruption, deletion, defect, line failures of any telephone network, computer equipment, software, or any other error or malfunction, or any injury or damage to participant’s or any other person’s computer related to or resulting from participation in the Scavenger Hunt, or for late, lost, stolen, illegible or misdirected entries. Entry materials that have been tampered with or altered are void. If, in the Sponsor’s opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of this Scavenger Hunt, or if any difficulties compromise the administration, security, fairness, integrity, or proper conduct of the Scavenger Hunt, the Sponsor reserves the right to void any entries at issue and/or to suspend, modify or cancel, or terminate this Scavenger Hunt, in whole or in part, at any time without notice and award the prizes in a random drawing from among all non-suspect eligible entries received as of the termination date. In case of a dispute as to the owner of an entry, entry will be deemed to have been submitted by the authorized account holder of the Facebook or Instagram accounts. A potential winner may be requested to provide the Sponsor with proof that the potential winner is the authorized account holder of the Facebook or Instagram account associated with the winning Entry. In the event of time of war, national emergency, pandemic or national health crisis, accident, dangerous weather conditions, fire, riot, strikes, lock-outs, industrial disputes, acts of terrorism or other matters beyond the Sponsor’s reasonable control, Sponsor has the right, in its sole discretion, to terminate the Scavenger Hunt. Notice of such action will be posted online at www.christkindlmarket.com. Caution: Any attempt by a participant or any other individual to deliberately undermine the legitimate operation of the Scavenger Hunt may be a violation of criminal and civil laws and should such an attempt be made, the Sponsor reserves the right to seek damages and/or other remedies from any such person to the fullest extent permitted by law.

Entrants indemnify, release and hold harmless Scavenger Hunt Entities and Facebook or Instagram from losses or damages of any kind, including without limitation, death and bodily injury, resulting, in whole or in part, directly or indirectly, from the awarding, delivery, acceptance, use, misuse, or possession of the prize, or resulting from participating in this Scavenger Hunt. Entrant acknowledges and agrees that Sponsor has not arranged for nor carries any insurance of any kind for the benefit of Entrant or that of Entrant’s heirs, executors and administrators relative to Entrant’s use of the prize awarded to Entrant; and that Entrant is solely responsible for obtaining and paying for any insurance relative to the prize awarded to Entrant. 

6. DISPUTES: This Scavenger Hunt is conducted in English. Except where prohibited, all issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of the participant and Sponsor in connection with this promotion, shall be governed by, and construed in accordance with, the laws of Illinois without giving effect to any choice of law or conflict of law rules (whether of Illinois or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than in Illinois.

BY ENTERING THE SCAVENGER HUNT, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SCAVENGER HUNT, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED FIFTY DOLLARS ($50.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED FIFTY DOLLARS ($50.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY. 

7. DISPUTE RESOLUTION: The parties each agree to finally settle all disputes only through arbitration; provided, however, the Sponsor shall be entitled to seek injunctive or equitable relief in the state and federal courts in Illinois and any other court with jurisdiction over the parties.  In arbitration, there is no judge or jury and review is limited.  The arbitrator’s decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction.  The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to this Scavenger Hunt shall be resolved solely by binding arbitration before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. (“JAMS”) or any successor to JAMS.  In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a “Demand for Arbitration”, then either party can elect to have the arbitration administered by the American Arbitration Association (“AAA”) or any other mutually agreeable arbitration administration service.  If an in-person hearing is required, then it will take place in Chicago, IL, Washington, DC, New York City, NY, Los Angeles, CA, Atlanta, GA or Dallas, TX (whichever is closest to entrant’s residence); provided, however, if none of these locations are convenient for the hearing, the parties may mutually agree on an alternative location.  The federal or state law that applies to these Official Rules will also apply during the arbitration.  Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn’t apply and the dispute must be brought in a court of competent jurisdiction in Illinois. Sponsor agrees to pay the administrative and arbitrator’s fees in order to conduct the arbitration (but specifically excluding any travel or other costs of entrant to attend the arbitration hearing).  Either party may, notwithstanding this provision, bring qualifying claims in small claims court.
8. WHO WON: For the names of the prize winners, send a self-addressed, stamped, envelope to Christkindlmarket Trick or Treat Scavenger Hunt 2021 Winner’s Name Request, 150 North Michigan Avenue, 35^th Floor, Chicago, IL 60601.
9. SPONSOR: German American Events, LLC, 150 North Michigan Avenue, 35^th Floor, Chicago, IL 60601.
10. MISCELLANEOUS: The invalidity or unenforceability of any provision of these Official Rules or the Affidavit will not affect the validity or enforceability of any other provision. In the event that any provision of the Official Rules or the Affidavit is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision.  When terms such as “may” are used in these Official Rules, Sponsor has sole and absolute discretion.  Entrants agree to waive any rights to claim ambiguity of these Official Rules.  Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof.  In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Scavenger Hunt-related materials, privacy policy or terms of use on the Website and/or the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control and the discrepancy will be resolved in Sponsor’s sole and absolute discretion.

Appendix 1 – Chart of Prizes*

*Prizes subject to substitution without notice