Terms and Conditions
Updated: May 8, 2023
This agreement sets forth the general terms and conditions (the “Terms and Conditions”) which apply to participation in the Toddy Pond Management LLC Social Media Promotion. Participation in the Social Media Promotion is considered acceptance of these Terms and Conditions.
Specific dates of the Promotional Period are set forth in Social Media Promotion guidelines which may be published from time to time. In the event of a conflict between these Terms and Conditions and any Social Media Promotion Guidelines, the terms of the Social Media Promotion Guidelines shall apply with respect only to (i) the Promotional Period and (ii) the Eligibility Requirements for Participants and Referees, including but not limited to certain criteria of residence. From time to time, Toddy Pond Management LLC may run special promotions and/or issue applicable Social Media Promotion Guidelines.
Toddy Pond Management LLC reserves the right to both change these Terms and Conditions from time to time and/or to terminate the Social Media Promotion at any time and without prior notice. As such, Participants (as defined below) should check these Terms and Conditions from time to time for changes. The failure by Toddy Pond Management LLC to enforce any provision of these Terms and Conditions shall not constitute a waiver of that provision.
PARTICIPANT ELIGIBILITY REQUIREMENTS: Unless otherwise specified in the Social Media Promotion Guidelines, the Social Media Promotion is open to existing Toddy Pond Management LLC customers who (i) have executed a customer agreement with Toddy Pond Management LLC (a “Residential Lease Agreement”), (ii) have received a fully-executed Customer Agreement countersigned by Toddy Pond Management LLC by a specified date (“Toddy Pond Management LLC Sign Off”), (iii) otherwise has satisfied any other requirements in the applicable Social Media Promotion Guidelines.
By “tagging”, “linking” or referencing Toddy Pond Rentals, Toddy Pond Management LLC, or one of its affiliates, a customer for participation in the Social Media Promotion, each Participant agrees to the Terms and Conditions set forth herein.
Toddy Pond Management LLC reserves the right to modify, limit or restrict participation in the Social Media Promotion to any person at any time for any reason and without notice. Participant eligibility shall be determined by Toddy Pond Management LLC in its sole discretion. A Participant’s time of entry into the Social Media Promotion will be determined by Toddy Pond Management LLC in its sole discretion.
The following individuals and entities are not eligible to participate in the Social Media Promotion: Toddy Pond Management LLC customers who have not completed a residential lease agreement, a “short-term” lease agreement, or “long-term” lease agreement”. Toddy Pond Management LLC employees, on-site contractors acting in an equivalent capacity to employees, shareholders, officers, directors, and the immediate family members of and those living in the same household as such individuals.
REFEREE ELIGIBILITY REQUIREMENTS: Unless otherwise specified in the Social Media Promotion Guidelines, each customer must (i) live within the United States of America (ii) sign a Customer Agreement with Toddy Pond Management LLC and receive Toddy Pond Management LLC Sign Off. (iii) Additional eligibility requirements may apply.
SUBMISSION RULES: To be eligible for the Social Media Promotion, a Participant must (i) follow @Toddy_Pond_Rentals instagram profile (ii) tag, link, or refer @toddy_pond_rentals in post (iii) user’s profile or post must be viewable by general public (iv) post must be viewable for minimum of 30 days (v) content of post must not violate the policies on which the platform (ex: instagram, facebook, etc) is used (vi) Toddy Pond Management LLC reserves the right to refuse or void any submission or participant for any reason.
Customers may not refer someone who lives in the same household as the Participant, provided, however, that a Participant may refer himself or herself or someone in his or her household if the Participant has multiple homes and has not previously submitted information for home(s) not subject to a Customer Agreement with Toddy Pond Management LLC.
REWARDS: A customer who receives a validated submission shall receive a reward in the amount specified in the Social Media Promotion to be issued in a form determined in the sole discretion of Toddy Pond Management LLC. Rewards may be issued as a cash reward through services as Venmo, Paypal, CashApp and Zelle. Reward may also be a prepaid or gift card issued by U.S. Bank National Association pursuant to a license from Visa U.S.A. Inc. Rewards are non-transferrable, not for resale, not for use automated gas pumps and not redeemable for cash. Reward Cards expire six (6) months after issuance. Rewards may be taxable, depending on the value of the item and the federal, state, and local tax laws applicable to the Participant. Each submission reward may vary at the discretion of Toddy Pond Management LLC, each submission reward will not exceed $10.00 USD. The combined total rewards per customer or participant will not exceed $100.00 USD.
The Participant shall receive the Reward within ninety (90) days from the date that the Customer receives official notice that Toddy Pond Management LLC has accepted their submission, provided that the customer has provided necessary information such as Name, Address, Phone Number, Email Address, and/or preferred electronic payment method.
Participants are solely responsible for reporting such items on their tax returns and paying any associated tax liability. If Toddy Pond Management LLC’s delivery of a Reward will require Toddy Pond Management LLC to issue Participant or Referee a 1099, Toddy Pond Management LLC’s obligation to make the Reward shall be conditioned upon receipt of, either from Participant or Customer, any required tax documentation necessary to issue the 1099.
DISCLAIMER AND LIMIT OF LIABILITY: Toddy Pond Management LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING ANY REWARD OR ANY PARTICIPANT’S OR REFEREE’S PARTICIPATION IN THE SOCIAL MEDIA PROMOTION, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. ALL REWARDS ARE PROVIDED “AS-IS.” NEITHER Toddy Pond Management LLC NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES (THE “Toddy Pond Management LLC PARTIES”) SHALL BE RESPONSIBLE OR LIABLE FOR ANY LOSS, DAMAGE, COST, OR INJURY THAT ARISES FROM OR RELATES TO PARTICIPATION IN THE Social Media Promotion, OR USE OF ANY REWARD, INCLUDING BUT NOT LIMITED TO: (I) LATE, LOST, DELAYED, DAMAGED, MISDIRECTED, INCOMPLETE, OR UNINTELLIGIBLE ENTRIES; (II) TELEPHONE, ELECTRONIC, HARDWARE OR SOFTWARE PROGRAM, NETWORK, INTERNET, OR COMPUTER MALFUNCTIONS, FAILURES, VIRUSES OR DIFFICULTIES OF ANY KIND; (III) FAILED, INCOMPLETE, GARBLED, OR DELAYED COMPUTER TRANSMISSIONS; (IV) THE USE OR DOWNLOADING OF ANY SOFTWARE OR MATERIAL IN CONNECTION WITH THIS Social Media Promotion; (V) TYPOGRAPHICAL OR OTHER ERROR IN THE PRINTING OF THE Social Media Promotion, ADMINISTRATION OF THE Social Media Promotion, OR IN THE ANNOUNCEMENT OF ANY REWARD; (VI) ANY OTHER CONDITION THAT MAY CAUSE THE Social Media Promotion TO BE DISRUPTED OR CORRUPTED; AND (VII) ANY PERSONAL INJURY, DEATH, OR DAMAGE TO PROPERTY THAT MAY RESULT FROM RECEIPT OR USE OF A REWARD.
Toddy Pond Management LLC RESERVES THE RIGHT, IN ITS SOLE DISCRETION AND WITHOUT PRIOR NOTICE, TO SUSPEND OR CANCEL THE Social Media Promotion, ALTER THE RULES OR CANCEL OR SUBSTITUTE ANY OF THE REWARDS FOR ANY REASON, INCLUDING, BUT NOT LIMITED TO, IF AT ANY TIME A COMPUTER VIRUS, TECHNICAL PROBLEM, OR OTHER UNFORESEEABLE OR UNCONTROLLABLE EVENT ALTERS OR CORRUPTS THE ADMINISTRATION OF THE Social Media Promotion, OR THE AWARDING OR USE OF ANY REWARD.
IN NO EVENT SHALL Toddy Pond Management LLC OR ANY Toddy Pond Management LLC PARTIES BE LIABLE TO PARTICIPANT, REFEREE, OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHETHER ARISING UNDER CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), OR ANY OTHER THEORY OF LIABILITY EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES OR CERTAIN LIMITATIONS OF LIABILITY, THEREFORE, CERTAIN OF THE FOREGOING DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU.
RELEASE: BY PARTICIPATING IN THE Social Media Promotion, EACH PARTICIPANT RELEASES AND AGREES TO HOLD HARMLESS Toddy Pond Management LLC AND ALL Toddy Pond Management LLC PARTIES FROM ANY LIABILITY WHATSOEVER FOR ANY CLAIMS, COSTS, LOSSES, OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, THOSE RELATED TO PERSONAL INJURY, DEATH, DAMAGE TO PROPERTY, INFRINGEMENT OF PROPRIETARY RIGHTS, RIGHTS OF PUBLICITY OR PRIVACY OR DEFAMATION) ARISING OUT OF OR IN CONNECTION WITH: (I) ENTERING THE Social Media Promotion; (II) ACCEPTANCE OR USE OF ANY REWARD; AND (III) OTHERWISE ARISING OUT OF OR RELATING TO THE Social Media Promotion.
GENERAL: Toddy Pond Management LLC reserves the right to cancel the eligibility of any Participant or Referee who engages in any fraudulent activity or uses the Social Media Promotion in a matter inconsistent with these Terms and Conditions, or applicable laws, statutes or ordinances. Toddy Pond Management LLC is not responsible for any incorrect or inaccurate information supplied by Participants. By submitting someone as a Referee, a Participant represents that he or she believes that the Referee would benefit from receiving information about Toddy Pond Management LLC and its products and services. No “spamming” is permitted. If Toddy Pond Management LLC believes, in its sole discretion, that a Participant has engaged in fraudulent activity or is “spamming” email accounts or addresses, Toddy Pond Management LLC reserves the right to recover any payments made to such Participant.
The Social Media Promotion and these Terms and Conditions are void where any aspect of the Social Media Promotion is prohibited, taxed or otherwise restricted by law or where registration, bonding, local judging or translation is required. The Social Media Promotion is subject to all national, state, and local laws including applicable tax codes.
Toddy Pond Management LLC shall not be liable for any failure of or delay in relation to the Social Media Promotion for the period that such failure or delay is due to causes beyond its reasonable control, including but not limited to acts of God, war, strikes or labor disputes, embargoes, government orders or any other force majeure event.
The section headings contained in these Terms and Conditions are for reference only and shall not in any way affect the meaning or interpretation of these Terms and Conditions.
ARBITRATION: By participating in the Social Media Promotion, Participant agrees to resolve any disputes arising from the Social Media Promotion or related to these Terms and Conditions through binding arbitration governed by the Federal Arbitration Act (“FAA”). The arbitration will be conducted under the rules of JAMS that are in effect at the time of the Social Media Promotion. If there is a conflict between the applicable JAMS Rules and the within Terms and Conditions, the Terms and Conditions will govern.
ARBITRATION MEANS THAT PARTICIPANT WAIVES HIS OR HER RIGHT TO A JURY TRIAL. ARBITRATION MUST BE CONDUCTED ON AN INDIVIDUAL BASIS. AS A RESULT, NEITHER PARTICIPANT NOR Toddy Pond Management LLC MAY (I) JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER CUSTOMERS; (II) LITIGATE IN COURT A CLASS ACTION OR OTHER LAW SUIT; OR (III) ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.
CHOICE OF LAW: The laws of the State of Maine govern these Terms and Conditions. Should there be a conflict between the laws of the State of Maine and any other laws, the conflict will be resolved in favor of the laws of the State of Maine.
PRIVACY: Subject to these Terms and Conditions, Participant and Referee information submitted pursuant to theSocial Media Promotion will be collected and used in accordance with Toddy Pond Management LLC’s Privacy Policy.