SAVVY OFFICIAL RULES
Effective June 20, 2022.
NOTICE REGARDING DISPUTE RESOLUTION: SAVVY OFFICIAL RULES (“OFFICIAL RULES”), CONTAIN IN THEM TERMS THAT GOVERN HOW CLAIMS BETWEEN PARTICIPANTS (“YOU”) AND SAVVY (“SPONSOR”), AS IT RELATES TO YOUR PARTICIPATION IN ANY GIVEAWAY, WILL BE RESOLVED. THIS INCLUDES A BINDING ARBITRATION AGREEMENT AND WAIVER OF PARTICIPATION IN A CLASS ACTION, REQUIRING THAT ALL CLAIMS MADE AGAINST SAVVY BE SUBMITTED THROUGH ARBITRATION (AS OPPOSED TO GOING TO COURT BEFORE A JUDGE AND/OR JURY). THE ARBITRATION AND CLASS ACTION CLAUSES LIMIT YOUR ABILITY TO ASSERT CLAIMS ON BEHALF OF ANYONE OTHER THAN YOURSELF, MEANING YOU WAIVE YOUR RIGHT TO BRING ANY PURPORTED CLASS ACTION OR PURPORTED REPRESENTATIVE OR COLLECTIVE PROCEEDING OF ANY KIND AGAINST SAVVY.
PARTICIPATION IN ALL GIVEAWAYS IS MADE AVAILABLE WITHOUT PURCHASE. NO PAYMENT OR PURCHASE OF ANY KIND IS REQUIRED TO ENTER FOR A CHANCE TO WIN. EACH ENTRY INTO GIVEAWAYS HAS AN EQUAL CHANCE OF WINNING. MAKING A PAYMENT OR PURCHASE WILL NOT INCREASE THE ODDS OF WINNING.
1. THE SPONSOR: Savvy, LLC, hereafter referred to as ‘Savvy’ or ‘Sponsor’, is a for profit limited liability corporation registered in Delaware, USA. Savvy is in the business of media, technology, advertising, and promotions, offering a wide range of entertainment and informational products and experiences, including but not limited to games, giveaways, surveys, products, services, freebies, offers, and more.
2. THE WEBSITE: The Savvy website (www.joinsavvy.com) (the “Website”) makes available to eligible entrants (see applicable restrictions below), multiple avenues to enter into free promotions and giveaways hosted on the Website (each a “Giveaway”).
3. APPLICABILITY OF THE RULES: These Official Rules dictate the terms and conditions applicable to every Giveaway offered on or through the Website. Each individual Giveaway is subject to any and all applicable federal, state, local, and international laws, rules and regulations, and is void where prohibited.
- Giveaway Rules. In addition to these Official Rules, each Giveaway has its own Giveaway-specific terms and conditions, hereafter referred to as the Giveaway Rules (“Giveaway Rules”). Giveaway Rules for each Giveaway are located on each Giveaway’s respective webpage hosted on the Website, and can be found under the section, “Things Our Lawyers Need You to Know.” The Giveaway Rules may specify terms, rules, conditions, or exclusions that apply to that specific Giveaway. In the event that there is a conflict between the Giveaway Rules and the Official Rules, the Giveaway Rules will prevail and govern to the extent of the conflict. Any reference to the “Official Rules”, with regards to any specific Giveaway, means that the applicable Giveaway Rules and Official rules are to be taken as a whole, with each applicable to that Giveaway.
- Binding Contract. The Official Rules, including any Giveaway Rules, each and together form a legally binding contract between Savvy and each Giveaway participant (a “Participant”). By entering a Giveaway, each Participant confirms and attests that they have read, understand, and unconditionally agree to the Official Rules, Giveaway Rules, and Sponsor’s decisions, each of which are both final and legally binding in any and all matter relating to the Website and Giveaways. If You do not agree to these Official Rules, including any applicable Giveaway Rules, you are hereby ineligible to enter or participate in the Giveaway(s).
- Updates to the Official Rules. These Official Rules may be modified or updated from time to time, at Savvy’s sole discretion, with or without notice. Please check these Official Rules, including all relevant Giveaway Rules, regularly to ensure that you fully understand applicable terms and conditions at the time you enter a Giveaway.
4. ELIGIBILITY: Participant eligibility to enter a Giveaway and/or be awarded a prize or prizes (“Prize”) associated with a Giveaway, is subject to full compliance with the Official Rules. Except where expressly provided for in the Giveaway Rules, Giveaways are only made available for individuals who (i) are a minimum of 18 years of age or older at the time of entry; (ii) are NOT a “Prohibited Person(s)” as detailed in Section 4(A) below; and (iii) are legal residents of the United States or any other country NOT included as a “Prohibited Jurisdiction” in Section 4(B) below. ANY ENTRY SUBMITTED BY AN INELIGIBLE PERSON OR PERSONS WILL BE VOID.
(A) Prohibited Persons. The following individuals are ineligible to participate, enter or win any Giveaway:
(i) Any individual who, in the last 24-months, has won a grand prize in grand prize giveaway (as defined in Section 5(A) below) offered or made available by Sponsor. The 24-month period begins on the final entry date of the Entry Period associated with the Giveaway the entrant won.
(ii) Any directors, officers, or employees of the following (collectively, the “Giveaway Partners”): (a) Savvy, (b) Sponsor(s), (c) Any company or organization that may partner with Savvy to sponsor in full or in part a Prize, (d) Third party contractors or affiliates working for or on behalf of Savvy, and (e) Any individual or party who provides services or products related to the running or administration of the Giveaway, or as part of the Winner selection process for the applicable Giveaway.
(iii) Any immediate family member (including: parent, spouse, child sibling, and their respective spouses), and/or any individual living in the same household as any directors, officers, employees, or contractors of Savvy or of a Prize(s) sponsor or Prize Partner, regardless of their relationship.
- Prohibited Jurisdictions. Any and all countries that are on the United States’ list of embargoed countries. This list can be found HERE, and includes: Afghanistan, Australia, Bahamas, Belgium, Belize, Bolivia, the province of Quebec (Canada), Cambodia, Chad, China, Colombia, Cuba, Dominican Republic, Ecuador, Egypt, El Salvador, Germany, Ghana, Guatemala, Guinea, Haiti, Honduras, Iran, Iraq, Iraq, Italy, Jamaica, Lebanon, Mali, Myanmar, Nicaragua, North Korea, Pakistan, Panama, Peru, Singapore, Somalia, Sudan, Syria, Tanzania (the United Republic of), Thailand, Trinidad, and Tobago, Tunisia, Turkey, Uganda, Ukraine, United Kingdom, Venezuela, Yemen, Zimbabwe, and any other country or territory where local laws, rules, or regulations would prohibit the provision of or entry into a Giveaway.
5. HOW TO ENTER: Each Giveaway will have a specified start and end date and time (the “Entry Period”). The Entry Period for each Giveaway will be specified in the respective Giveaway Rules for that Giveaway. Any entry received prior to the official start date and time, or after the official end date and time, will be deemed ineligible. Only entries received by Sponsor during the official Entry Period will be valid. Sponsor is the sole and official timekeeper of all Giveaways offered on, by, or through the Website.
(A) Grand Prize Giveaways. All Grand Prize Giveaways (each a “Grand Prize Giveaway”) will offer multiple means of entry that may include but are not limited to:
(i) Purchasing Entries.
From time to time entries may be offered for sale o or through Website. Payment is not required to enter. In
some cases, entries may be bundled with other valuable services or products, such as automated entry into
all giveaways daily. Upon receipt of payment, Participant will automatically receive the number of entries
purchased for that particular Giveaway. The number of entries awarded may correspond to the dollar value of
the purchase as specified on the Giveaway webpage at the time of Participant’s purchase, and Sponsor
reserves the right, at its sole discretion, with or without notice, to amend the corresponding number of
entries awarded for a particular dollar value. Participant will receive the corresponding number of entries
as indicated on the Giveaway webpage for that Giveaway at the time of purchase. Individuals may opt to
purchase entries at any time as made available throughout the Entry Period, however, each Giveaway is
limited to a Maximum Entry Limit (as defined below), if applicable under the Giveaway Rules for that
Payment for entries or making a purchase of any kind, or providing any type of consideration, does not increase the chances or odds of winning, and Participants who choose to purchase entries or offer some type of consideration for entries vs. enter for free are treated equitably under the same terms and conditions in these Official Rules.
(ii) Enter for Free. Individuals interested in entering a Giveaway or Giveaways for free may visit the Website for that particular Giveaway and click on the “Enter Now” button on that Giveaway’s webpage. All Giveaways offer a free method of entry. This free method of entry may also be identifiable on some webpages as “Alternative Method of Entry”. This free entry method (“Alternative Method of Entry”) will require you to fill out an entry form for that Giveaway. Upon receipt of this Alternative Method of Entry form, the Participant will automatically be awarded two-thousand (2,000) entries into that Giveaway. Individuals who wish to participate in a Giveaway may submit the Alternative Method of Entry form as many times as desired, however, each Giveaway is subject to a Maximum Entry Limit (as defined below).
(B) Secondary Giveaways. The Sponsor may, from time to time and at its sole discretion, with or without notice, offer Secondary Giveaways on its Website (each a “Secondary Giveaway”). Secondary Giveaways refer to those Giveaways for which the only method of entry is through entry into a specific Grand Prize Giveaway. Entry into the Grand Prize Giveaway associated with the Secondary Giveaway, during a specified timeframe for the Secondary Giveaway, will result in an entry or entries into that Secondary Giveaway as detailed in the Giveaway Rules. Unless stated otherwise in the Giveaway Rules of the associated Secondary Giveaway, Participants in the Grand Prize Giveaway will receive the same number of entries into the Secondary Giveaway as they were awarded in the Grand Prize Giveaway, regardless of method of entry, up to the maximum allowable entries for that Giveaway.
(C) Special Promotions. The Sponsor may, at its sole discretion, from time to time, with or without notice, offer various types of special promotions in connection with various Giveaways or offered separate and individually from any Giveaway. For example, Sponsor may, for a limited time during the Entry Period, offer Participants the opportunity to simultaneously enter several Grand Prize Giveaways, or offer ‘bonus entries’ in connection with any form of entry made available. In such cases, each entry awarded through a Special Promotion (a) shall constitute a single and separate entry into the associated Giveaway(s), (b) will be treated equitably and the same as any other entry into the Giveaway regardless of method of entry (including the Maximum Allowable Entries), and (c) will have an equal chance of winning as compared to any other eligible entry.
6. ENTRY LIMITATIONS AND RESTRICTIONS: Only those entries which are complete, accurate, submitted during the Entry Period, and received by Sponsor will be eligible for a chance to win. Any entry or entries that are illegible, incomplete, corrupted, or untimely are void and ineligible to win. Proof of submission, no matter the form, shall not be deemed as proof of receipt by Sponsor. Sponsor in no way shall be held liable or responsible for any entry or entries that are late, incomplete, illegible, misdirected, unintelligible, invalid, corrupted, garbled, or technically corrupt, or for any other issues with submission of any kind, whether caused by human, electronic, or technical error, all of which shall be deemed void and ineligible to win. Furthermore, Sponsor shall not be responsible or liable in any way under any theory of law for any electronic, hardware, server, software, network, telephone, internet, or computer failures, malfunctions, or difficulties. Any refund of Participant’s purchase associated with entries, where applicable, and in accordance with these Official Rules, shall void any such entries. Such entries will be withdrawn from the Giveaway and will be ineligible for a chance to win.
(A) Entry Limit. Each Giveaway shall be subject to specific Giveaway Rules. These Giveaway Rules stipulate a cumulative maximum number of allowable entries that any one individual Participant may be awarded for (the “Entry Limit”) that Giveaway. The Entry Limit applies to all entries, regardless of how that entry was awarded or earned. In the event that a Participant exceeds the Entry Limit for a given Giveaway, all Entries received beyond the Entry Limit (in order of receipt as received by Sponsor) shall be deemed void and not eligible for a chance to win.
(B) Required Information. Each Participant must provide all required information as specified on the Giveaway’s webpage and/or entry form in order to be eligible to enter and be awarded a chance to win the Prize(s).
(C) Identities and Identifiable Information Requirements. Participants are prohibited from using multiple identities, email addresses, devices, logins, usernames, physical addresses, or any other tactic as a means to receive entries exceeding the Giveaway’s published Entry Limit. In order for an entry to be valid, that entry must adhere to the terms and conditions set forth in these Official Rules, including valid information provided by the Participant. By entering, the Participant confirms and attests that they are the legal and authorized owner of any email addresses, or phone numbers provided to Sponsor as part of the entry process. Multiple Participants are prohibited from sharing the same email address. In the event where there is a dispute regarding the identity of a Participant, the authorized account holder of the email address used to enter will be deemed by Sponsor to be the official Participant for that specific entry or entries. The “Authorized Account Holder” is the natural person assigned an email address by an ISP (internet service provider), organization, or other online service provider responsible for assigning email addresses for the associated domain of the submitted email address. Any Potential Winner(s) (defined below), may be required, at the Sponsor’s sole discretion, to provide proof of being the authorized account holder of the email associated with the entry or entries. Any such entries connected to a non-working, inactive, or invalid email address, or that are linked to an Authorized Account Holder who is NOT the Participant, shall be deemed void and ineligible for a chance to win. Any such violation of the terms of this Section is expressly and strictly prohibited, and any such entries associated with such violation(s) shall be grounds for voiding ALL entries for said Participant, and furthermore may result in disqualification of said Participant from any and all Giveaway(s) at the Sponsor’s sole discretion.
(D) No Automated Entry. Participants are banned from using or attempting to use any type of automated, programmed, scripted, mechanical, robotic, or other non-manual entry method. Any such attempt or use of such methods in order to obtain an entry or entries shall void ALL entries for that Participant, and will retroactively ban said Participant from any and all Giveaways in the past, present, and future at the Sponsor’s sole discretion. No mechanical or electronic reproduction of entries, nor facsimiles or copies of entries shall be accepted. Sponsor reserves the right, at its sole discretion, to investigate and determine if a Participant attempted to or had used any prohibited automation entry method(s). The results of Sponsor’s findings shall be final. Participants who are deemed to be in violation of such automated entry policies will have all entries invalidated with or without notice or notification from Sponsor at its sole discretion.
7. ENTRY CONDITIONS AND RELEASE: All Participants, regardless of method of entry, as a condition of entering a Giveaway, expressly:
(A) Consents to the receipt of information, commercial or promotional materials from the Sponsor, as well as from Sponsor’s parent companies, subsidiaries, brands, or affiliates, and from any Experience Partners by way of email, mail, phone call, and when opted-in, to SMS messages;
(B) Warrants and Represents to Sponsor that they agree to be bound by these Official Rules, Giveaway Rules, and Sponsor’s decisions with regards to all matters of the Giveaway(s), and to all Sponsor decisions regarding Giveaways, which shall be both binding and final;
(C) Releases Sponsor, Experience Partners, Sponsor’s officers, directors, employees, contractors, and affiliates from any and all liability, damages, losses, or expenses, under any theory of law, to the full extent allowable by law, in connection with participation in any Giveaway, or the acceptance, use or misuse of any Prize(s). Participant also hereby releases any advertising platform or advertiser used in connection with the promotion of any Giveaway, including but not limited to Google Ads, owned by Google, LLC, the Facebook platform, owned and operated by Meta Platforms, Inc., Pinterest, Inc., Instagram, Inc., Reddit, Inc., Twitter, Inc, Snap Inc., and any of each’s respective parent companies, subsidiaries, and affiliates (collectively “Advertising Platforms”), from any and all liability, damages, losses or expenses arising out of or in connection with participation in any Giveaway, or the acceptance, misuse or use of any Prize(s);
(D) Expressly and knowingly waives all rights to claim damages of any kind, under any theory of law, to the fullest extent allowable by law, including but not limited to direct or indirect damages, punitive, exemplary, consequential or any other damages other than for actual ‘out of pocket’ expenses;
(E) Hereby agrees that any and all disputes, claims, or cause of action in connection with or arising as a result of any Giveaway, or Prizes awarded, shall be resolved on an individual basis by way of binding arbitration, per Section 24, without resorting to any type of representative, collective, or class action;
(F) Agrees that any and all awards, judgements, and/or claims, if permitted to proceed, shall be expressly limited to the Participant’s actual ‘out of pocket’ costs incurred (if any), EXCLUDING attorneys’ and court costs or fees.
Some jurisdictions do not allow for the limitation or exclusion of liability set forth in the above Section 7. As such, some of the provisions stated in Section 7 may not be applicable to every Participant.
8. WINNER DRAWINGS: Potential winner(s) of a Giveaway (“Potential Winner”) will be drawn randomly from that Giveaway’s pool of eligible entries received by Sponsor. The drawing of a winning entry or entries will take place on or after the end of the Entry Period, or as specified in the Giveaway Rules for that particular Giveaway. At that time, Sponsor will conduct the drawing per the Giveaway’s Rules. Once a valid entry has been confirmed and validated as an eligible entry to win, the Potential Winner will be referred to herein as a “Winner.” The odds or chances of winning a Giveaway or Prize will be dependent on the total number of eligible entries received for that Giveaway during the Entry Period.
9. THE WINNER NOTIFICATION PROCESS: Potential Winners shall be contacted by Sponsor with a notification sent to the email address provided by the Potential Winner(s) as part of their valid entry into the Giveaway. Potential Winner(s) are required to respond to the Potential Winner notification email within 24-hours of it being sent (or within the timeframe otherwise dictated by the Giveaway Rules, if specified). Failure to respond to this notification within the stated timeframe may result in disqualification and in such cases, forfeiture of any claim to any of the Prize(s). Sponsor reserves the right, but not the obligation, to reach out to any Potential Winner(s) via phone call, to the extent that a phone number has been provided by the Participant. By entering, Potential Winners expressly authorize Sponsor to tag, name, and otherwise identify the Potential Winner on, but not limited to, the Sponsor’s Website, in Sponsor’s promotional and/or marketing materials, and on it’s social media pages.
There are some jurisdictions which may prohibit Sponsor from making a Potential Winner’s acceptance of a Prize conditional on their consent to publicity as described in this section. Potential Winners of such jurisdictions who object to these terms of publicity are required to notify Sponsor of any such objections via email as part of the Potential Winner confirmation and validation process. Failure to do so shall be interpreted as full consent for publicity of their person and likeness as described in this section.
10. CONFIRMATION AND VERIFICATION OF POTENTIAL WINNERS: Potential Winners are only considered as an eligible winner (“Winner”) for the associated prize or prizes after the Sponsor has completed all verification checks regarding that Potential Winner’s eligibility for that giveaway or promotion, as well as an audit to ensure that the Potential Winner did not violate any terms of these Official Rules and the Giveaway Rules. Potential Winners are hereby subject to any verification and/or confirmation process Sponsor deems appropriate. In order for a Potential Winner to be eligible to win, both the Potential Winner and if applicable, the Potential Winner’s guest(s), must comply with the Official Rules and Giveaway Rules in their entirety, including fulfilling any requirements or obligations set forth in each. Sponsor’s decisions regarding the eligibility of a Potential Winner and/or the Potential Winner’s guest(s) is at the Sponsor’s sole discretion, with all decisions made being both final and binding as it relates to the giveaway or promotion drawing, Potential Winner(s) verification, administration, and any other issues pertaining to a Giveaway. Furthermore, Potential Winners must be both able and willing to accept or claim that Giveaway’s Prize(s) in full, within the designated period specified by Sponsor.
In addition to the above terms and conditions, the Official Rules, and the Giveaway Rules, any Potential Winner who is legally defined as a Canadian Resident, must correctly answer a math-based skill test (question) correctly as part of the eligibility process and as required by Canadian law.
- Winner Documentation. In order to receive a Prize (or Prizes), and as part of the verification process, each Potential Winner (and any guests if applicable), are required to accurately fill out and return to Sponsor in a timely manner, a Release of Liability, Affidavit of Eligibility, and a Publicity Release (where allowable by law), as well as any other documentation that may be necessary for that particular Giveaway, such as vaccination attestations, valid passport, or any other documentation as determined or required by Sponsor at its sole discretion (collectively, “Winner Documentation”), where permitted by law. Potential Winners are required to complete such Winner Documentation accurately and truthfully, returning said documentation to Sponsor by a date specified by Sponsor or in the Giveaway Rules. Failure to do so may result in disqualification and forfeit of any claim to Prize(s).
- Background Checks. Where permitted by law, Sponsor reserves the right to carry out background checks on any Potential Winner and that Potential Winner’s guest(s), when and where applicable. By participating in Giveaways, Participant’s authorize Sponsor to conduct such checks without prior or additional authorization or permission to do so. Sponsor reserves the right, at its sole discretion, to disqualify any participant, Potential Winner, or Potential Winner’s guest(s) based on the outcome of background checks, in such situations where Sponsor believes that granting Prizes to such Potential Winners or guests may reflect negatively on Sponsor, its partners, advertisers, or other third parties. Furthermore, Sponsor is not obligated to share the results of such background checks, nor clarify its findings or decisions with regards to background checks. Any decision made by Sponsor with regards to its findings from background checks is final and binding. Such factors that may result in disqualification from any Giveaway or promotion include but are not limited to: felony or misdemeanor convictions, delinquency of any court-ordered payment (such as spousal or child support, etc.), or any other civil or criminal offense as determined by the Sponsor at its sole discretion. Similarly, Sponsor may disqualify any individual who is a member of a radical or hate group, or who participates in hate speech or activities. Potential Winner(s) hereby agrees to provide any documentation as requested by Sponsor in order for the facilitation or completion of a background check within a timeframe specified by Sponsor. Where required by law, Potential Winners agree to grant Sponsor authorization and permission to conduct such background checks on them and their guests. Failure to return required documentation for background checks in the specified timeframe may result in disqualification from that Giveaway and the Potential Winner(s) will forfeit any claim to associated Prizes. Potential Winners will NOT be disqualified based on gender or gender identity, sexual orientation, ancestry, race, national origin, or any other protected class or status, except where prohibited by law (for example, certain Giveaways may only be made available to residents of certain countries or jurisdictions, or include age restrictions as required by law or as determined in the Giveaway Rules).
- Tax Documentation. Winners of Giveaways may be required by Sponsor to fill out and return an IRS W-9 Form, W8-BEN, Request for Taxpayer Identification Number and Certification, or other applicable form as required by law for the reporting of revenue, cash, or prizes subject to taxes. Failure to return such documentation (collectively, “Tax Documents”) within a timeframe specified by Sponsor is grounds for disqualification and subsequent forfeit of any interest in Prize(s).
11. DISQUALIFICATION OF WINNER(S): There may be certain reasons or situations that could disqualify a Participant, Potential Winner, and/or Winner from their eligibility to receive Prizes. Such reasons and/or circumstances include but are not limited to: (i) failure to adhere to the Official Rules or Giveaway Rules, (ii) failure to meet all eligibility requirements in the Official Rules or Giveaway Rules, (iii) failure to abide by instructions given by Sponsor for verification, validation, eligibility, or other instructions necessary for Prize fulfillment, (iv) providing an invalid email address at the time of entry, (v) failing to respond to a Potential Winner email in the time specified by Sponsor, (vi) inability of Sponsor to verify the identity of a Potential Winner to its reasonable satisfaction within 10 days of a relevant Giveaway Drawing, (vii) failure of Potential Winner to complete and return Winner Documentation and/or background check document within a timeframe specified by Sponsor, (viii) background check reveals information that Sponsor feels would negatively impact its business or that of any involved third party, (ix) Participant has provided incomplete, false, or misleading information about Sponsor or any Savvy Partner, (x) Participant has committed any form of deception or fraud in connection with their use of the Website participation in a Giveaway, or relationship with Sponsor, including but not limited to using any form of automated means to enter the Giveaway, (xi) Participant has now or in the past, before or during the awarding of a Prize, acted in an abusive, threatening, obnoxious or threatening manner, in whole or in part, (xii) Participant is unable to accept the Prize(s) in a timely manner and within a timeframe specified by Sponsor, including but not limited to situations where Participant is unable to travel to a location where a Prize is being fulfilled, or in cases of injury or death, (xiii) Sponsor’s inability to timely fulfil or award Prize(s), due to any circumstance outside of the Sponsor’s reasonable control, including but not limited to natural disasters, Acts of God, terrorism, weather, legal restrictions, and pandemics, and (xiv) Failure to return such documentation (collectively, “Tax Documents”) within a timeframe specified by Sponsor is grounds for disqualification and subsequent forfeit of any interest in Prize(s).
In the event that a Winner or Potential Winner is determined by Sponsor to be disqualified or ineligible for any reason at its sole discretion, an alternate Potential Winner may be selected at random from the pool of eligible entries. Such alternate Potential Winner shall be notified under the same terms in these Official Rules (time permitting). Sponsor hereby reserves the right to alter the Potential Winner and Winner notification process and/or verification and validation processes as it relates to the drawing of an alternate Potential Winner.
12. PRIZES: Notwithstanding any restrictions expressly stated in the Official Rules or Giveaway Rules, eligible Winners shall receive such Prize(s) as specified on each Giveaway’s webpage and/or as described in the Giveaway Rules. The sole determination of any element of a Giveaway and its Prize(s), including but not limited to fulfillment of Prizes, taxes, and fees, or travel options (if applicable), shall be made by Sponsor. The approximated retail value of any Prize(s) shall be designated in the Giveaway Rules. All Winners are responsible for the timely acceptance of the Giveaway Prize(s) within the Sponsor’s specified Prize fulfillment period and at the described location(s).
Except where expressly stated otherwise, any Prize won by a Participant is to be awarded ‘as is’, absent of any warranties or representations, and cannot be substituted, sold, transferred, or redeemed for cash by the Winner. Sponsor hereby reserves the right, at its sole discretion and without notice, to substitute a Prize or Prizes for any prize(s) of greater or similar value, or for a cash substation equal to the ARV for the Prize(s). Certain Prize(s) may be subject to jurisdictional restrictions (such as those due to import, licensing, or distribution regulations), or subject to availability. In such situations, Winner(s) may be required to accept a cash alternative. Other restrictions may apply.
Except where expressly stated in Giveaway Rules, all Winners are solely responsible for any fees, costs, and taxes associated with the acceptance of Prize(s), and/or ownership or use thereof. Winners of Giveaways may be required by Sponsor to fill out and return an IRS W-9 Form, W8-BEN, Request for Taxpayer Identification Number and Certification, or other applicable form as required by law for the reporting of revenue, cash, or prizes subject to taxes. Failure to return such documentation (collectively, “Tax Documents”) within a timeframe specified by Sponsor is grounds for disqualification and subsequent forfeit of any interest in Prize(s).
Sponsor shall not be responsible for, nor will replace any misplaced, lost, or stolen Prize(s) in full or in part.
All Winners may, at their sole discretion, choose not to accept some or all of any Prize(s) won in a Giveaway by communicating their choice to refuse such Prize(s) by way of email correspondence replied to the Winner Notification email sent by Sponsor. Winner(s) hereby agree that by sending such an email, they forfeit the Prize(s).
I the event that a Winner has been deemed by Sponsor to have forfeited a Prize, be it in part or in full, or in situations where a Winner fails to accept delivery of said Prize(s) within a period of time specified by Sponsor, such a Winner will not be entitled to receive any type of alternate Prize, nor compensation or consideration of any kind, and Sponsor shall not be obligated to award any portion of an unclaimed or rejected prize in part or in full to an alternative winner. Some types of Prizes may come with certain limitations or restrictions, including but not limited to the following, except where otherwise stated in Giveaway Rules:
- Prize Manufacturers. Giveaways are not in any way endorsed, sponsored, approved, or affiliated with the manufacturer of any Prize(s) awarded to Winners. The names of any Prize awarded to a Winner of a Giveaway, including its logos, are the copyright, trademark, and property of the manufacturer of the Prize(s). Actual Prize(s) awarded to Winner(s) may differ from those depicted on the Website, in promotional materials, or on the Giveaway’s webpage. Such images are intended to be representative examples of the Prize(s), not the actual Prize(s) itself.
- Prize(s) That Include Travel: For any Prize(s) that include travel as part of the Giveaway, the dates of Travel and any associated itineraries are specified by and at the sole discretion of Sponsor, and any Winner(s) must travel on those dates if they choose to accept the Prize(s). When airfare is included as part of a Prize, it shall be coach class, departing from the nearest available major gateway airport from the Winner’s place of residence entered on the Giveaway entry form, or from any other alternative airport at Sponsor’s sole discretion. When hotel accommodations are included as part of a Giveaway, such accommodations shall be double-occupancy, standard class, unless specified otherwise in Giveaway Rules. Approximate retail values for any Giveaway with a travel component may vary depending on the Winner’s place of residence. Any difference between the approximate retail value and actual retail value of a Prize with a travel component will not be awarded. Any Winner, and such Winner’s guest(s), when applicable, are required to travel using the same itineraries from Sponsor, unless expressly approved by Sponsor in writing, at its sole discretion. In the event that airplane tickets, travel certificates, vouchers, or similar are misplaced, lost, or stolen after being placed in the possession of Winner(s), Sponsor shall not be responsible for replacement. Except as where specified in the Giveaway Rules, all expenses associated with or incurred as a result of accepting, claiming, or using Prize(s), including but not limited to, checked baggage fees, ground transportation, alterations to itineraries, and meals and gratuities, are the sole responsibility of Winner(s) and/or their guest(s). Accommodations as part of a travel Prize are subject to availability; furthermore, certain restrictions (such as blackout dates) may apply. In cases where specific dates of travel are listed as part of a Prize, and Winner(s) are unable to travel on such dates, the Prize shall be forfeited and a substitute Winner drawn from the pool of remaining eligible entries. In such cases, any Winner who forfeits the Prize shall not be entitled to any alternative consideration, compensation, or prizes. Both the Winner(s), and if applicable, their guest(s) shall be fully and wholly responsible for any necessary documents, identification, passports, visas, or any other requirement necessary or relevant to meeting a specific entry requirement or for entry into any particular destination, such as but not limited to health requirements (i.e. vaccinations, etc). In the event that Winner has guests, such guests must be over the age of majority in the state, province, or territory in which they reside. In the case of minors, the Winner(s) must be the parent or legal guardian of such minor guests. All guests will be required by Sponsor to sign a release prior to ticketing, or in the event of minors, the parent or legal guardian shall sign on the child’s behalf. In the event that travel by air is not deemed to be required by the Sponsor, at Sponsor’s sole discretion and judgement, due to a Winner’s proximity to the Prize destination or other circumstances, Sponsor may offer ground transportation as a substitute for air travel.
13. PUBLICITY: Where allowable by law, Winner(s) acceptance of a Prize shall constitute express consent and permission for Sponsor, and any other party acting on Sponsor’s behalf, including third parties such as advertisers, to use Winner’s name, photos or other likenesses, portraits, pictures, voice, video, biographical information (in whole or in part), testimonials, or any other statement made by Winner(s) in relation to a Prize, Giveaway, Sponsor, promotion, offer, or Giveaway Partner, in addition to their city and state of residence, in-perpetuity worldwide for any and all purposes at Sponsor’s sole discretion, including but not limited to, promotion, advertising, or trade on behalf of Sponsor (or Giveaway Partners), and in any and all forms of media, now known or hereafter developed, including but not limited to world wide web, TV, print, radio, podcast, electronic communications, and cable, without any further restriction, limitation, notice, compensation, approval or review. Winner further agrees to attest to this consent in writing if requested by Sponsor.
Certain jurisdictions may prohibit Sponsor from making consent to publicity a condition of Prize acceptance. Any Winner who is a resident of such a jurisdiction is required to provide Sponsor with notice of this fact, along with objections of consent to publicity as described in Section 13, in writing during the Winner Confirmation process.
14. GENERAL CONDITIONS: Sponsor hereby reserves the right, without notice, and at its sole discretion, at any time, with or without reason, to suspend, cancel, and/or modify a Giveaway, in part or in whole, due to technical failure(s), fraud, virus, bugs, updates to law(s) or regulations, or any other factor that is beyond the reasonable control of Sponsor, and that negatively impacts the proper functioning or integrity of a Giveaway. Sponsor further reserves the right, at any time and at its sole discretion, to carry out maintenance for its systems, Website, and other technology, the likes of which may temporarily suspend or otherwise impact access to Giveaways. Any individual or entity found to, or attempting to, tamper with the operation or administration of any Giveaway, shall be disqualified at the Sponsor’s sole discretion.
WARNING: ANY INDIVIDUAL WHO ATTEMPTS TO CAUSE DELIBERATE DAMAGE TO ANY WEBSITE, APP, EXTENSION, GIVEAWAY, OFFER, TECHNOLOGY, OR ASSET OWNED OR OPERATED BY SPONSOR, OR WHO ATTEMPTS TO UNDERMINE THE LEGITIMATE OPERATION OF A GIVEAWAY WILL BE DISQUALIFIED AND POTENTIALLY SUBJECT TO BOTH CIVIL AND CRIMINAL PROSECUTION TO THE FULL EXTENT ALLOWABLE UNDER APPLICABLE LAWS. IN THE EVENT THAT SUCH AN ATTEMPT IS MADE, SPONSOR RESERVES THE RIGHT TO SEEK OUT THE MAXIMUM AMOUNT OF DAMAGES ALLOWABLE UNDER ANY RELEVANT THEORY OF LAW. SPONSOR’S FAILURE TO ENFORCE ANY TERMS OF THESE OFFICIAL RULES DOES NOT CONSTITUTE A WAIVER OF THAT PROVISION.
SPONSOR RESERVES THE RIGHT AT ITS SOLE DISCRETION, TO DISQUALIFY ANY INDIVIDUAL WHO: IT DISCOVERS IS ATTEMPTING TO UNDERMINE OR TAMPER WITH THE ENTRY OR WINNER SELECTION PROCESS, WEBSITE, APP(S), EXTENSIONS, GAMES, PROMOTIONS, OR ANY OTHER ASPECT OF SPONSOR’S BUSINESS; WHO HAS BREACHED THE OFFICIAL RULES; OR WHO HAS IS ACTING IN A DISRUPTIVE OR UNSPORTSMANLIKE MANNER WITH AN INTENT TO THREATEN, HARASS, ABUSE, OR THREATEN ANOTHER PERSON OR ENTITY.
IF, FOR ANY REASON WHATSOEVER, A GIVEAWAY CANNOT BE CONDUCTED AS PLANNED, OR IN SITUATIONS WHERE THE SPONSOR HAS DETERMINED, AT ITS SOLE DISCRETION, THAT THE VIABILITY (INCLUDING BUT NOT LIMITED TO FINANCIAL VIABILITY) OR INTEGRITY OF A GIVEAWAY HAS BEEN COMPROMISED, SPONSOR HEREBY RESERVES THE RIGHT TO VOID ANY ENTRY OR ENTRIES RECEIVED AND (A) CANCEL OR TERMINATE THE GIVEAWAY IN FULL OR IN PART; (B) MODIFY THE GIVEAWAY; (C) SUSPEND THE GIVEAWAY IN ORDER TO ADDRESS THE IMPAIRMENT PRIOR TO RESUMING THE GIVEAWAY IN A MANNER THAT BEST ADHERES TO THE SPIRIT OF THESE OFFICIAL RULES; AND/OR (D) AWARD THE ASSOCIATED PRIZE(S) AT RANDOM FROM ENTRIES DRAWN FROM THE POOL OF ELIGIBLE ENTRIES RECEIVED UP UNTIL THE DATE AND TIME OF THE IMPAIRMENT.
16. SPONSOR CONTACT INFORMATION: Company Name, physical address.
17. SEVERABILITY: Each term(s) of these Official Rules are intended to operated independent of the others. In the event that any court of relevant authority deems that a term or terms are considered unenforceable or unlawful under relevant jurisdiction(s), the remainder of the terms shall remain in full force and effect.
18. NO WAIVER: In situations where Sponsor fails to demand that a Participant perform any or all of the Participant’s obligations as defined in these Official Rules, or in cases where Sponsor may not enforce any or all of its rights against Participant, or if Sponsor delays in doing so, this is NOT evidence that Sponsor has waived any such rights against Participant, and does not exempt Participant from complying with their obligations under these Official Rules.
19. RELEASE: By accepting any prize as a winner of this Promotion, winner(s) hereby agree to hold harmless Sponsor, Administrator, and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, 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, or damage to or loss of property, arising out of participation in the Promotion or receipt or use or misuse of any prize.
20. INDEMNIFICATION: You hereby agree to defend, hold harmless and indemnify Sponsor, administrator, and their respective employees, agents, contractors, licensors, partners, executives, owners, and representatives (Sponsor Parties) from any losses, damages, liabilities, costs, and expenses of any kind, under any theory of law (including any reasonable legal fees) that result or arise from any dispute, claim, judgment or proceeding brought about by any other third party to this Promotion, Promotion Terms and Official Rules, or as a result of breach of the conditions and terms of this Promotion and Official Rules.
The above disclaimer applies without limitation to any damages, liability, or injuries of any kind or nature, under any theory of law, including but not limited to those caused or as a result of any defect, delay, error, omission, interruption, failure of performance, theft, unauthorized access, virus, malware, modification or alteration of, or use of our Site, App or Services or Promotion whether for negligence, breach of contract, tort or any other cause of action.
21. LIMITATIONS OF LIABILITY: When permitted by law, Sponsor and Sponsor Parties will not be held responsible for any lost data, profits, revenues, financial losses, or any other damages of any kind or nature, whether direct or indirect, consequential, special exemplary or punitive. To the extent permitted by law, the total liability of Sponsor and Sponsor Parties shall be an aggregate total sum of ten US dollars ($10) or the lowest amount allowable by law, even if that amount is zero ($0) dollars. In all cases, Sponsor and Sponsor Parties shall not be held liable or responsible for any losses or damages of any kind under any theory of law, whether foreseeable or not.
Sponsor is not responsible for any inaccurate, incorrect, or misrepresented information, whether caused by social media or any other users, entrants, or by any programming or technical or human error that may occur in the processing of information and submissions in the Promotion. SPONSORS ARE NOT RESPONSIBLE FOR ANY DAMAGES OR INJURY, OF ANY KIND OR NATURE UNDER ANY THEORY OF LAW, THAT MAY BE CAUSED TO AN ENTRANTS’ OR TO ANY OTHER PERSON'S COMPUTER OR DEVICE AS A RESULT OF OR IN RELATION TO PARTICIPATING OR ENTERING INTO THIS PROMOTION OR AS A RESULT OF DOWNLOADING, INSTALLING OR ACCESSING ANY CONTENT, APP OR MATERIALS FROM OUR SITE, APP OR SERVICES OR THAT ON SOCIAL MEDIA PAGES.
If, for any reason, the Promotion is not capable of running or continuing as planned, including but not limited to unauthorized access or intervention, bugs, worms, viruses, computer or other fraud, technical failure, or any other cause that is beyond the control of Sponsors, and the Sponsor at their sole discretion determines that in their opinion that any of those or other reasons could corrupt or impact the security, fairness, administration, integrity or proper conduct of the Promotion, Sponsor reserves the right at their sole discretion to terminate, modify or suspend the sweepstakes and select final winner(s) from the pool of qualified entries received prior to such reasons or circumstances occurring.
BY ACCEPTING THE PRIZE, WINNER HEREBY AGREES AND CONSENTS TO HOLD HARMLESS THE SPONSOR, SPONSOR PARTIES, ADMINISTRATOR, FACEBOOK, INSTAGRAM, PINTEREST, AND TWITTER, SWEEPSTAKES ADMINISTRATORS AND PROMOTIONAL AND ADVERTISING AGENCIES, AS WELL AS THEIR RESPECTIVE AFFILIATES, SHAREHOLDERS, PARENTS, SUBSIDIARIES, EMPLOYEES, CONTRACTORS, OFFICERS AND AGENTS, FROM ANY AND ALL LIABILITY, DAMAGES, INJURIES OR LOSSES OF ANY KIND OR NATURE (INCLUDING DEATH), UNDER ANY THEORY OF LAW, INCLUDING BUT NOT LIMITED TO INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSSES OR INJURIES ARISING FROM OUT OF OR IN RELATION TO, EITHER DIRECTLY OR INDIRECTLY, THE ACCEPTANCE, USE, POSSESSION, RECEIPT OR MISUSE OF A PRIZE OR PARTICIPATION IN ANY PROMOTION-RELATED ACTIVITY, OR PARTICIPATION IN THE PROMOTION, OR THE DOWNLOADING, ACCESSING, INSTALLING OR OTHERWISE USING ANY CONTENT, MEDIA OR APPS LOCATED ON, WITHIN OR AS PART OF THE SPONSOR PROMOTION, SITE, APPS OR SERVICES. WITHOUT LIMITING THE FOREGOING, ANY CONTENT, MEDIA, SERVICES, APPS, OR OTHER ASPECTS OF THE PROMOTION AND SITE, INCLUDING THE PRIZES ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.
IF YOU RESIDE IN A JURISDICTION THAT MANDATES A SPECIFIC STATEMENT REGARDING RELEASE, THEN THE FOLLOWING APPLIES: FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT OR OTHER TERMS, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." AS SUCH, YOU HEREBY AGREE TO WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. FURTHERMORE, YOU HEREBY AGREE TO WAIVE ANY SIMILAR PROVISION IN LAW, CODE, OR REGULATION THAT HAS THE SAME EFFECT OR INTENT AS THE AFOREMENTIONED RELEASE. YOUR ABILITY TO ACCESS OR USE OUR SITE, APP, OR SERVICES IS CONTINGENT UPON YOUR AGREEMENT WITH THIS WAIVER AND ALL OTHER SECTIONS OF THIS AGREEMENT AND AGREEMENT.
TO THE EXTENT PERMITTED BY LAW (i) UNDER NO CIRCUMSTANCE SHALL SPONSOR OR SPONSOR PARTIES BE HELD LIABLE UNDER THIS AGREEMENT OR OTHER TERMS FOR ANY REASON OR THEORY OF LAW, INCLUDING BUT NOT LIMITED TO ANY INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL LOSSES OR DAMAGES, OR FOR THOSE CAUSED BY NEGLIGENCE, ERRORS, OMISSIONS, DEFECTS, DELAYS, INTERRUPTIONS, COMPUTER VIRUSES, FAILURE OF PERFORMANCE, UNAUTHORIZED ACCESS OR THEFT, EVEN IF SPONSOR OR SPONSOR PARTIES HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES AND (ii) OUR AGGREGATE LIABILITY UNDER THIS AGREEMENT IS LIMITED TO $100 USD.
YOU HEREBY ACKNOWLEDGE AND CONFIRM THAT YOU HAVE ENTERED INTO THIS AGREEMENT AND ANY OTHER APPLICABLE AGREEMENTS WITH US AND ARE RELYING ON THE LIMITATIONS OF THE LIABILITY STATED HEREIN AND THAT THOSE LIMITATIONS ARE AN ESSENTIAL BASIS OF THE AGREEMENTS BETWEEN YOU AND US.
22. DISCLAIMER OF WARRANTIES; NO GUARANTEE: Sponsor from time to time offers visitors unique opportunities to enter various Promotions, content, and sweepstakes. We hope that you enjoy these opportunities. However, there are certain aspects of this Promotion, our Site, App, and Services that we do not guarantee.
SPONSOR PROMOTION, SERVICES, APP, AND SITE IS PROVIDED “AS IS” AND VOID OF ANY REPRESENTATIONS, WARRANTIES, OR GUARANTEES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED CONDITIONS OR WARRANTIES OF FITNESS OR MERCHANTABILITY FOR ANY PARTICULAR PURPOSE OR USE, NON-INFRINGEMENT (INCLUDING WITHOUT LIMITATION NON-INFRINGEMENT OF THIRD PARTY RIGHTS) OR QUALITY, AND ANY SUCH WARRANTIES ARE DISCLAIMED BY SAVVY AND COMPANY PARTIES. SPONSOR AND SPONSOR PARTIES DO NOT WARRANT OR GUARANTEE THAT ANY FUNCTION OF THE PROMOTION, SITE, SERVICES, OR APP, IN PART OR IN WHOLE WILL BE FREE FROM ERRORS OR THAT THE PROMOTION, SITE, APP, OR SERVICES WILL BE FREE FROM MALWARE, VIRUSES OR OTHER HARMFUL COMPONENTS. SPONSOR DOES NOT, NOR DOES ITS THIRD PARTY CONTENT PROVIDERS OR ITS AFFILIATE PARTNER NETWORK, MAKE ANY GUARANTEES REGARDING THE QUALITY OR QUANTITY OF ANY CONTENT, OFFERS, DISCOUNTS, COUPON CODES, OR ADVERTISEMENTS, NOR THE DELIVERY OR TIMING OF SUCH CONTENT OR OFFERS. NEITHER SPONSOR NOR SPONSOR PARTIES AND OUR PARTNER AFFILIATE NETWORK SHALL BE HELD RESPONSIBLE FOR ANY MEDIA, CONTENT, SITE, LINK, ADVERT OR OFFER THAT IS DELIVERED OR PRESENTED ON, THROUGH, BY, OR LINKED FROM ANY OF OUR SITES, APPS, PROMOTION OR SERVICES. THE FOREGOING DISCLAIMER OF WARRANTY IS A FUNDAMENTAL PART OF THE BASIS OF THIS AGREEMENT AND SPONSOR WOULD NOT ENTER INTO SUCH AN AGREEMENT ABSENT OF THIS DISCLAIMER.
The above disclaimer applies without limitation to any and all damages, losses, injuries, or other liabilities of any kind under any theory of law, including but not limited to those caused or as a result of any error, omission, defect, interruption, delay, virus, malware, destruction, theft, unauthorized access, modification or alterations, failure of performance, or for breach of contract, negligence, tort or any other cause of action.
For those jurisdictions that do not allow for the limitation of liability: notwithstanding any provision of this AGREEMENT or other Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above, then Our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) personal injury or death caused by negligence or any of Our employees, officers, or agents; or (b) fraudulent misrepresentation; or (c) any liability which is unlawful to exclude.
23. GOVERNING LAW AND JURISDICTION: ALL TERMS AND POLICIES INCLUDING THIS THESE OFFICIAL RULES AND TERMS HAVE BEEN COMPOSED IN THE ENGLISH LANGUAGE. IN THE EVENT THAT THEY ARE TRANSLATED INTO OTHER LANGUAGES (IN PART OR IN FULL), THE ENGLISH LANGUAGE VERSION SHALL PREVAIL.
THE PROVISIONS OF YOUR AGREEMENT WITH SPONSOR ARE GOVERNED BY AND INTERPRETED IN ACCORDANCE WITH THE LAWS OF THE STATE OF DELAWARE, USA. ANY DISPUTE OR DIFFERENCE OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, OR YOUR USE OR ACCESS OF OUR SITE, APP, PROMOTION, OR SERVICES WILL BE SETTLED BY WAY OF BINDING ARBITRATION AS DETAILED IN THIS AGREEMENT, AND AT A USA SELECTED JURISDICTION CHOSEN BY SPONSOR WITHIN 90-DAYS OF THE COMPLAINT.
ANY CLAIM UNDER THIS AGREEMENT MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ARISES, OR SUCH CLAIM OR CAUSE OF ACTION IS BARRED TO THE EXTENT THAT THE LAW ALLOWS.
The prevailing party in any dispute shall be entitled to their reasonable attorneys’ fees and costs.
24. BINDING ARBITRATION: In the event that a dispute arises between you and Us, both parties to this Agreement and Official Rules agree to make a good faith effort to resolve such disputes informally over a 30-day period following introduction of the dispute by the other party. In the event that a resolution cannot be had during that 30-day window, both parties agree that ANY SUCH DISPUTE OR CLAIM ARISING OUT OF, IN CONNECTION WITH, OR FROM THIS AGREEMENT, PROMOTION OR YOUR ACCESS, INSTALLATION, OR USE OF OUR SITE, APP, PROMOTION OR SERVICES OR ANY OTHER SPONSOR POLICIES OR TERMS ARE TO BE SETTLED BY BINDING ARBITRATION IN THE STATE OF DELAWARE, THE OUTCOME OF WHICH SHALL BE ENFORCEABLE BY ANY COMPETENT UNITED STATES COURT.
Such arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association. Any decision or award as a result of such proceedings shall be delivered in writing, providing a detailed explanation of and for any conclusions of fact and law, including such assessment of any associated costs, expenses, and reasonable attorneys’ fees.
The arbitrator will be responsible for including and keeping a formal a written record of the arbitration hearing(s). Parties to any arbitration proceedings reserve the right to object to any individual currently or formerly employed or affiliated with a competing organization or entity. This provision shall survive any suspension, cancellation, termination, or discontinuation of the use of or availability of our App, Site, and Services or this or other Agreements or Terms between the parties. In the event that any portion of this provision is found to be unenforceable or invalid, the remaining portions shall remain in force, and the invalid or unenforceable provisions revised to reflect as close as possible their original intentions.
26. CALIFORNIA ENTRANTS, USERS, OR RESIDENTS: Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Us or Our Service(s) must be addressed to our agent for notice and sent via email to us.
Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
27. MISCELLANEOUS: In the event that any provisions, policies, or terms of these Official Rules, Agreement, and Terms are determined by a USA court of competent jurisdiction to be unenforceable or void, such terms, policies, or provisions shall be eliminated or limited to the minimum extent necessary and replaced with a valid provision or term that best embodies the intent of the original policy or term and Official Rules so that these Official Rules and Agreement shall remain in full effect and force.
Any failure by Us to enforce, insist or demand strict performance of the policies, terms, and conditions of this AGREEMENT or other Terms shall not be considered in any way to be a waiver by Us of any policy, term, provision, or right we have to enforce such.
The conditions and terms of this Agreement and any other applicable Terms or policies shall not be construed or interpreted in any way to confer any remedies or rights to any third parties.
Our Promotion Site, Services, and App, and the underlying information and technology used for such offerings may not be downloaded or otherwise exported or re-exported (a) into (or to a national or resident of) any country to which the U.S. has currently embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading, installing, using, or otherwise accessing Our Site, App or Services or Promotion, you agree to the foregoing and you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list, and that you will otherwise comply with all applicable export control laws.
By accessing or entering our Promotion you hereby agree that you are at least 18 years old, an emancipated minor, or that you possess legal guardian consent prior to your use or access of, entry to, or engagement with our Site, Promotion, or Services. This Promotion and our App, Site, and Services are NOT intended for children or minors. You agree to ensure that any User of our Site, Services, or App or entry of this Promotion that is accessed or used on or through your computer, tablet or mobile device is from an individual of legal age (18+) and that you will hold Us harmless for any loss or damages of any kind incurred as a result of a breach of this provision. If you are under the age of 18 please do not use or access our Site, Services, App, or Promotion, or submit any information to us as we intend to comply with COPPA and cannot collect information from users under 13 (thirteen) years of age.
If Our Site, Services, Promotion or App is utilized for or on behalf of the United States of America, its agencies, and/or instrumentalities ("U.S. Government"), it is provided with Restricted Rights as "commercial Items," as that terms is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Extension" and "Commercial Computer Extension Documentation," as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Pursuant to Federal Acquisition Regulation 12.212 (48 C.F.R. §12.212), the U.S. Government shall have only those rights specified in the license contained herein. The U.S. Government shall not be entitled to (i) technical information that is not customarily provided to the public or to (ii) use, modify, reproduce, release, perform, display, or disclose commercial computer software or commercial computer software documentation except as specified herein. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Extension clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Extension - Restricted Rights at 48 C.F.R. 52.227-19, as applicable
About these Official Rules and Terms
WE MAY AT TIMES MODIFY THE TERMS OF THIS AGREEMENT, OFFICIAL RULES, OR ANY OTHER TERMS APPLICABLE TO OUR SITE, SERVICES, APP, OR THIS PROMOTION.
Such modifications, edits, or updates may be made to reflect changes to or of our Services, App, Site, Promotion, or other offerings or for other reasons at our sole discretion without notice.
ANY SUCH CHANGES TO THIS AGREEMENT WILL BE POSTED TO THIS PAGE. IT IS YOUR RESPONSIBILITY TO KEEP INFORMED OF SUCH CHANGES. WE RECOMMEND THAT YOU BOOKMARK AND VISIT THIS PAGE REGULARLY.