Eligibility: Open to all tattoo artists (18 years of age or older, residents of the continental United States only).
Sponsor: A Pound of Flesh, 7410 Coca Cola Drive, Unit 206, Hanover, MD 21076 (“Sponsor”)
Timing: The A Pound of Flesh (APOF) “Battle of the Ducks” (“Contest”) begins on 10/24/2022 at 12:00am Eastern Time and ends on 04/07/2023 at 11:59pm Eastern Time (“Promotion Period”). Sponsor’s computer is the official time-keeping device for Contest
How to Enter: During the Promotion Period, entrants will purchase and tattoo an APOF Lucky Ducky. Entrants will then mail their entry to: 7410 Coca Cola Dr. Suite 206 Hanover, MD 21076. All entries must be postmarked by 04/07/2023. Entries postmarked after 04/07/23 will not be judged as part of the contest. All entrants will receive (1) APOF tattooable Lucky Ducky in return for their entry if they choose to not have their entry shipped back to them. With entry provide your full name, your Instagram handle (if you have one), the name of your piece, and a return address for your new APOF Lucky Ducky to be shipped to.
Limitations: Limit to 1 entry per Lucky Ducky purchased during the promotional period. Free Lucky Duckies may not be tattooed and sent in for additional contest entries. Contest participants must come from US tattoo artists. Entrants from outside the US will not be judged or considered.
Winner Selection: On 04/14/2023, based on ranking, the Sponsor will select (1) entry for first place, (1) entry for second place, and (1) entry for third place. The entrants will be contacted by e-mail by 6:00pm Eastern Time and will be publicly announced on 04/17/2023.
Prize: One (1) First Place Winner will receive $2,500. One (1) Second Place Winner will receive $1,000. One (1) Third Place Winner will receive $500.
Odds of winning a prize depends on the number of eligible entries received during the Promotion Period. Prizes are non-transferable and no substitution will be made.
Release: By receipt of any prize, winners agree to release and hold harmless PainfulPleasures, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including but not limited to, personal injury, death to or loss of property arising out of participation in the Contest or receipt or misuse of any prize. The Released Parties have not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to any prize, including, without limitation, to such prize’s quality or fitness for a particular purpose.
Publicity: Except where prohibited, participation in the Contests constitutes each winner’s consent to Sponsor’s and its agents’ use of winner’s name, likeness, photograph, voice, opinions, content and information submitted for contest, and/or hometown and state or province for promotional purposes in any media, worldwide, without further payment or consideration.
General Conditions: Sponsor reserves the right to cancel, suspend, and/or modify the Contest, or any part of it, if any fraud, technical failures, or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Contest, as determined by Sponsor in its sole discretion. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest or to be acting in violation of the Official Rules of this or any other promotion or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with law by a duly authorized representative of Sponsor. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
Limitations of Liability: The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors, or by any of the equipment or programming associated with or utilized in the Contest; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) any damage to an entrant’s, or any other person’s, computer system which is occasioned by participating in the Contest; (4) unauthorized human intervention in any part of the entry process or the Contest; (5) technical or human error which may occur in the administration of the Contest or the processing of entries; (6) late, lost, undeliverable, damaged or stolen mail; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Contest or receipt or use or misuse of any prize. If for any reason an entrant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Contest if it is possible. If the Contest or any part of it, is discontinued for any reason, Sponsor, at its discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming, or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, unawarded, eligible prize claims.
Disputes: Entrant agrees that: (i) any and all disputes, claims, and causes of action arising out of or connected with this Contest, or any prizes awarded, other than those concerning the administration of the Contest or the determination of the winner, shall be resolved individually, without resort to any form of class action; (ii) any and all disputes, claims, and causes of action arising out of or connected with this Contest, or any prizes awarded, shall be resolved exclusively by the United States District Court or the appropriate Maryland State Court located in the Howard County; (iii) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys’ fees; and (iv) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim 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. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of Maryland, without giving effect to any choice of law or conflict of law rules (whether of the State of Maryland or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Maryland.