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Default Your Engines: Holiday Edition Official Rules

Posted by on Mon, December 1st, 2014 at 3:30 am

Default Your Engines: Holiday Edition

SWAGBUCKS.COM

OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER OR WIN

OPEN TO RESIDENTS OF THE 50 UNITED STATES AND D.C., THE UNITED KINGDOM AND CANADA (EXCLUDING QUEBEC)

13 YEARS OF AGE AND OLDER ONLY

Participants in the Default Your Engines: Holiday Edition (the “Promotion”) agree that they have read, understood and accepted these “Official Rules” and agree to be bound by them, including all eligibility requirements and decisions of the Sponsor. We recommend that you print out and keep a copy of these Official Rules for future reference.

 

1. ENTRY PERIOD: The Promotion begins at 12:00 a.m. on December 8, 2014 and ends at 11:59 p.m. on December 12, 2014 (the “Entry Period”). All references to dates and time shall be based on Pacific Standard Time. Sponsor’s computer is the official time-keeping and submission device for the Promotion. Sponsor reserves the right to make changes to the Promotion schedule, these Official Rules, or discontinue the Promotion, at any time, for any reason or no reason.

 

2. HOW TO ENTER: During the Entry Period, entry into the Promotion shall occur when an eligible person (each an “Entrant”) successfully Favorites a store on the swagbucks.com website (the “Website”) (an “Entry”). Limit ONE (1) Entry per day during the Entry Period. A maximum of ONE (1) additional Entry (the “Additional Entry”) will be granted to an Entrant who successfully downloads the “Swagbucks Extension” browser add-on, which may be downloaded by way of the following URL: http://www.swagbucks.com/extension (the “Extension URL”). The following conditions apply in order to be eligible for the Additional Entry: (i) the Swagbucks Extension must be successfully downloaded during the Entry Period; (ii) only ONE (1) successful download instance of the Swagbucks Extension during the Entry Period shall count towards the Additional Entry. Visiting or otherwise navigating to the Website or Extension URL alone shall not constitute Entry. There is no cost to maintain an account on the Website or to earn Swag Bucks thereon. To register, follow the online registration instructions located on the Website. Similar promotions may appear at other participating Sponsor websites (each a “Participating Site”). The promotion at each Participating Site, if any, is separate and independent from this Promotion.

 

3. ELIGIBILITY: ENTRANTS MAY ONLY ENTER INTO THE PROMOTION BY THE ONLINE ENTRY METHOD DESCRIBED IN SECTION 2 ABOVE. ENTRANTS CANNOT USE ANY OTHER METHOD OF ENTRY TO ENTER THE PROMOTION. ENTRANTS WHO ENTER THE PROMOTION BY ANY OTHER METHOD OF ENTRY WILL BE DISQUALIFIED. An Entrant may not enter with multiple identities. Valid Entries received by Sponsor during the Entry Period will be entered into the Promotion and added to the then-current pool of Entrants. Any Entrant who attempts to circumvent these Official Rules by entering with multiple identities or otherwise violating these Official Rules will be disqualified. Use of any robotic, automatic, programmed or similar entry method will void all entries submitted by that person(s) and result in immediate disqualification. Open to current Website members in good standing who are (i) residents of the 50 United States and D.C., the United Kingdom and Canada (excluding Quebec) and (ii) 13 years of age and older as of December 8, 2014. Employees and directors of Prodege LLC (“Sponsor”) and its affiliates, advertising agencies, and/or promotional partners and members of their immediate families are not eligible to enter or win and entry by such persons will be deemed invalid. “Immediate family” is defined as parents, siblings, children or spouse. No entry may be made on behalf of third parties. If any winner is deemed a minor in the jurisdiction of his/her residence, the winner will need parental consent in order enter the Promotion and to be awarded the Prize or the Prize may be awarded to his/her parent/legal guardian (as determined by Sponsor in its sole discretion). The Sponsor reserves the right to request proof of age or identity. Void where prohibited.

 

4. CLEARANCE AND RELEASE: In the event Entry into the Promotion requires any Entrant to provide certain content, then Entry into the Promotion constitutes permission granted by the Entrant to Sponsor for Sponsor to use Entrant’s name, likeness, image, and /or biographical information (the “Content”) on and/or about the Website and elsewhere in the universe for the purposes of this Promotion, Sponsor’s business purposes, and/or for marketing and publicity purposes without compensation or right of further approval. Nothing shall obligate Sponsor to so use or engage in any of the aforementioned. Entrant hereby grants Sponsor a perpetual, non-exclusive, royalty-free, worldwide license to use, reproduce, execute, store, archive, modify, distribute, transmit, and/or publicly display the Content in any media or format now known or hereafter devised, throughout the universe, without compensation or right of further approval. Due to the public nature of the Promotion, and the voting scheme that may be connected therewith, the public at-large may have access to the Content and the ability to comment on or otherwise critique the Content. Notwithstanding anything to the contrary, Sponsor does not endorse and Sponsor cannot protect Entrant from any of the views, critiques, or comments made by others (negative or otherwise) in connection with the Content. By submitting the Content, Entrant acknowledges and agrees that Sponsor is not responsible for any of the views, critiques, comments (negative or otherwise) regarding the Content, and Sponsor has no control over nor ability to censor the same. In the event any Entrant, whether required by these Official Rules or of his/her own accord, in any way promotes, “shares,” discusses, links to, posts, or otherwise advertises the Promotion, said Entrant entirely releases Sponsor and each and all individual(s) and/or entity(ies) whose name, brand, products and/or services may be used or mentioned in connection with this Promotion from any and all liability in connection with the Promotion and Entrant’s promotion of the Promotion.

 

5. REPRESENTATIONS AND WARRANTIES: Entrant warrants and represents that (i) all Content and other materials and/or documents or files provided by Entrant to Sponsor in connection herewith will not, when used by Sponsor in accordance with these Official Rules, infringe any intellectual property right or any other rights of any third party; (ii) the Content nor its Entry into the Promotion will violate, breach, conflict with or constitute a default under any contract, agreement or commitment binding upon Entrant, including, without limitation, any non-disclosure, confidentiality, non-competition, or other similar agreement; (iii) the Content will not contain any nudity or content that is defamatory, libelous, threatening, harassing, abusive, pornographic, obscene, vulgar, profane, violent, indecent, or content that is otherwise offensive or that would be considered objectionable by a reasonable person; and (iv) the Content and its Entry into the Promotion will not conflict with or violate any applicable laws.

 

6. PRIZE: 20,000 Swag Bucks (ARV $200.00 USD/C$228.75 CAD /£127.57 GBP) (the “Grand Prize”); 10,000 Swag Bucks (ARV $100.00 USD/ C$114.35/ £63.79 GBP) (the “Second-Place Prize”); 5,000 Swag Bucks (ARV $50.00 USD/C$57.17 /£31.89 GBP) (the “Third-Place Prize”); or 500 Swag Bucks (ARV $5.00 USD/C$5.72 /£3.19 GBP) (the “Runner-Up Prize). The Grand Prize, Second-Place Prize, Third-Place Prize and the Runner-Up Prize(s) shall be collectively referred to herein as the “Prize”. Values in Canadian Dollars and British Pounds based on exchange rate in effect at the start of the Promotion. Prize consists of only those items specifically listed as part of the Prize. Limit ONE (1) Prize per winning Entrant. No substitution or transfer of Prize permitted by Winner unless expressly approved by Sponsor in writing. Sponsor reserves the right to substitute a Prize of equal or greater value. Unclaimed Prizes will not be awarded. “Swag Bucks” shall refer to the loyalty reward points awarded to an eligible member of the Website by Sponsor for certain actionable activities successfully completed by such member on the Website or at other online location(s), as specified by Prodege from time to time. For the purpose of these Official Rules and this Promotion, “ARV” means the approximate retail value as of about the start date of the Promotion.

 

7. WINNER SELECTION: Following the Entry Period, in a random computer-processed drawing from among all eligible Entries received during the Entry Period, ONE (1) Entrant will be selected by Sponsor to win the Grand Prize; ONE (1) Entrant will be selected to win the Second-Place Prize; ONE (1) Entrant will be selected to win the Third-Place Prize; and THIRTY (30) Entrants will be selected to win the Runner-Up Prize. Each winner will be notified by either email, mail, or telephone and, as a condition of winning, will be required (or his/her parent or legal guardian where the selected winner has not reached the age of majority in his/her jurisdiction of residence will be required) to sign and return an Affidavit of Eligibility, Release of Liability and a Publicity Release, and IRS Form W-9 (where applicable) as deemed reasonably appropriate and provided by Sponsor (the “Required Documents”). Failure to execute the Required Documents within seven (7) days of attempted delivery or Prize will cause the winner’s prize to be forfeited and an alternate winner may be selected, at Sponsor’s sole discretion. Winner(s) may be also be announced on the Website and/or on Sponsor’s additional presences on the Internet, including, without limitation, Sponsor’s Facebook, Twitter, or Pinterest pages. The return of any prize/prize notification as undeliverable will result in disqualification and an alternate winner may be selected. An Entrant is not deemed a winner of any prize, even if the winning notification should so indicate, until and unless the Entrant’s eligibility has been verified, all Required Documents executed and returned to Sponsor, and the Entrant has been notified that the acceptance and verification process is complete. Potential winners who have not reached the age of majority in their jurisdiction of residence at the time of Entry shall require parental consent to accept any prize.

 

8. GENERAL RULES: All taxes and fees resulting from acceptance of the Prize are the responsibility of winner. By entering the Promotion, Entrant (or Entrant’s parent/legal guardian if any Entrant is deemed a minor in the state/province or country of his/her residence) accepts and agrees to these Official Rules and the decisions of Sponsor, which shall be final in all matters. Except as specifically set forth in these Official Rules, the Promotion is in no way sponsored, endorsed or administered by, or associated with any entity who’s name and/or products may be used in connection with the Promotion. All entries become the exclusive property of Sponsor and will not be returned. Entries that are incomplete, illegible, or corrupted are void and will not be accepted. Prizes may be subject to reporting for tax and other purposes. Winner(s) should consult their tax advisors with respect to any applicable tax(es) related to any Prize. By entering into the Promotion, winner (or winner’s parent/legal guardian if any winner is deemed a minor in the state/province or country of his/her residence) agrees to hold Sponsor, its affiliates, directors, officers, employees and assigns harmless against any and all claims and liability arising out of participation in the Promotion, receipt, use, redemption or misuse of any Prize (including any travel or activity related thereto), including, without limitation, personal injury, death, damage to, loss of property and/or the broadcast, exploitation or use of any Entry. Sponsor makes no warranty, representation or guarantee of any kind, express or implied, in fact or in law relating to the Prize. Sponsor is not responsible for lost or late mail, or for technical, hardware or software malfunctions, lost or unavailable network connections, or failed, incorrect, inaccurate, incomplete, garbled or delayed electronic communications whether caused by the sender or by any of the equipment or programming associated with or utilized in connection with this Promotion, or by any human error which may occur in the processing of the entries in this Promotion. The Sponsor give no assurance and no promises that the Website (or any of the services connected with the Promotion) shall be free from errors or omission nor that they will be available uninterrupted and in a fully operating condition. If, in the Sponsor’s opinion, there is any suspected evidence of tampering with any portion of the Promotion, or if technical difficulties compromise the integrity of the Promotion, Sponsor reserves the right to modify, suspend or discontinue the Promotion, in whole or in part, at the Sponsor’s sole discretion, including, without limitation, revoking any Entrant’s Entry into the Promotion and/or revoking any winner’s Prize award. In the event a dispute arises as to the identity of a potentially winning online Entrant, entries made by internet will be declared made by the name on the online entry form. Potential winner may be required to show verifiable proof of identity. All U.S. federal and state laws apply. By entering into the Promotion, Entrants agree to hold Sponsor, its affiliates, directors, officers, employees and assigns harmless against any and all claims and liability arising out of use of an Entrant’s name, likeness and/or biographical information. Sponsor reserves the right to revise any and all aspects of the Promotion and these Official Rules at any time with or without notice. By entering, Entrants agree to these Official Rules in addition to the Privacy Policy and Terms of Use of Sponsor which are found at the following URLs: http://swagbucks.com/g/privacy and http://www.swagbucks.com/g/terms

 

9. DISCLAIMER: This Promotion and the Prize awarded in connection herewith are sponsored solely by Prodege, LLC. In no event should this Promotion be construed as being associated with, endorsed, sponsored, or administered by the manufacturer of any prize, operator of any social media platform – e.g. Instagram, Facebook, Twitter, or Pinterest (each a “Social Platform”) – or owner of any trademark or service mark mentioned in connection herewith. Any copyright, trademark or other such property rights in connection with this Promotion are the property of their respective owners. If entrance into this Promotion requires any posting to a Social Platform, Entrant hereby releases such Social Platform from any and all liability in connection herewith.

 

10. SPECIAL RULES FOR UK & CANADA RESIDENTS:

 

A. For residents of Canada: If you are a potential winner you will be required to correctly answer, without assistance of any kind, whether mechanical or otherwise, a time-limited mathematical skill-testing question to be administered by either telephone or e-mail. If you answer the skill-testing question incorrectly, as determined by us in our sole discretion, you will be disqualified and, at our discretion, an alternate winner shall be chosen from among all remaining eligible Entries.

 

B. For residents of the United Kingdom:

i. Provisions of the Contracts (Rights of Third Parties) Act 1999 shall not apply to this agreement.

ii. Any dispute arising in connection with this Promotion may be heard in the courts in their place of residence (being either the courts of England and Wales, the courts of Scotland or the courts of Northern Ireland). This provision does not affect the Entrant’s other statutory rights as a consumer. For further information about statutory rights contact your local authority Trading Standards Department or Citizens’ Advice Bureau. This provision shall replace the second paragraph of Section 11 below.

iii. For the avoidance of doubt, to the extent that English law applies, nothing in these rules shall limit or exclude either party’s liability for fraud or for death or personal injury caused by its negligence, or any other liability to the extent that it cannot be excluded or limited by law.

 

11. DISPUTES; GOVERNING LAW: Except where prohibited, the Entrant agrees that any and all disputes, claims and causes of actions arising out of or connected with the Promotion or any Prize shall be resolved on an individual basis without resort to any form of class action.

 

Any and all disputes, claims and causes of actions shall be resolved exclusively by the United States District Court for the Southern District of California, or the appropriate California State Court located in Los Angeles County, California. Any issues or questions of construction, interpretation, validity, or enforceability of these Official Rules, or the rights and obligations of the Entrant and/or Sponsor in connection with the Promotion shall be governed by, construed and interpreted in accordance with the laws of the State of California, without giving effect to any choice of law or conflict of law rule which would cause the application of the laws of any jurisdiction other than the State of California. Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Promotion but in no event attorneys’ fees. Entrant (or Entrant’s parent/legal guardian if any Entrant is deemed a minor in the state or country of his/her residence) 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 limitation or exclusion of liability for incidental or consequential damages, so the above may not apply to you.

 

12. WINNER’S LIST: For the name of the winners, available after December 13, 2014 send a self-addressed, stamped (#10) envelope to: Default Your Engines: Holiday Edition P.O Box 578, Manhattan Beach, CA 90267. Include on the lower left hand corner of the envelope the month(s) of the Promotion.

 

13. ODDS OF WINNING: Odds of winning will depend upon the number of eligible entries received.

 

14. SEVERABILITY: If any provision(s) of these Official Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.

 

SPONSOR: Prodege LLC, Manhattan Beach, CA 90267

 

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