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Posted by shmuli on Sat, November 1st, 2014 at 3:15 am
Cyber Funday Monday
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 Cyber Funday Monday promotion (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 (defined below). We recommend that you print out and keep a copy of these official rules (“Official Rules”) for future reference.
1. ENTRY PERIOD: The Promotion begins at 12:00 a.m. on December 1, 2014 and ends at 11:59 p.m. on December 1, 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, Sponsor’s Terms or to 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 be granted when an eligible person (as defined in Section 3 herein) (each an “Entrant”) successfully employs one of the following entry methods (each, respectively, an “Entry”):
A. Online Entry. ONE (1) Entry into the Promotion shall be granted for every $10 USD spent during the Entry Period by an Entrant through the Shop & Earn channel on the Website at http://www.swagbucks.com/shop (the “Shop & Earn URL”). For the avoidance of doubt, by way of example and not limitation, a successful order of $19 USD shall net Entrant ONE (1) Entry into the Promotion; similarly, a successful order of $50 shall net Entrant FIVE (5) Entries into the Promotion. Without limitation, Sponsor may revoke any Entry associated with an invalid purchase or a purchase refunded within 32 days following the Entry Period. Visiting or otherwise navigating to or on the Website and/or the Shop & Earn URL alone shall not constitute Entry. No partial Entries will be awarded. There is no cost to maintain an account on the swagbucks.com website (the “Website”) (nor to earn Swag Bucks thereon). To register, follow the online registration instructions located on the Website.
B. Mail-In Entry. Mail-In Entry shall occur when an Entrant inserts, in a #10 envelope, a 3”x5” piece of paper with his/her full name, complete address, and daytime and evening telephone numbers on it, and mails it to: Cyber Funday Monday promotion P.O Box 578, Manhattan Beach, CA 90267. All mail-in entries must be postmarked by December 2, 2014 and received by Sponsor no later than 12:00 p.m. PST on December 12, 2014. Limit ONE (1) Entry per envelope.
3. ELIGIBILITY:ENTRANTS MAY ONLY ENTER INTO THE PROMOTION BY THE ONLINE ENTRY METHOD DESCRIBED IN SECTION 2(A) ABOVE, OR VIA THE ALTERNATE MAIL-IN ENTRY METHOD DESCRIBED IN SECTION 2(B) ABOVE. ENTRANTS CANNOT USE BOTH METHODS OF ENTRY TO ENTER THE PROMOTION. ENTRANTS CANNOT USE ANY OTHER METHODS OF ENTRY TO ENTER THE PROMOTION. ENTRANTS WHO ENTER THE PROMOTION USING BOTH METHODS OF ENTRY, OR WHO ENTER THE PROMOTION BY ANY OTHER METHOD(S) OF ENTRY WILL BE DISQUALIFIED. An Entrant may not enter with multiple identities. Valid online entries received by Sponsor during the Entry Period will be entered into the Promotion and added to the then-current pool of Entrants. Valid mail-in entries received by Sponsor during the Entry Period, pursuant to the mail-in deadlines set forth in Section 2(B) above, will be entered into the Promotion and added to the then-current pool of Entrants as soon as practicable (as determined by the reasonable discretion of Sponsor, taking into consideration, without limitation, delays caused by the applicable courier, number of entries received, and legibility of information). 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 any Entry 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 1, 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: 500 Swag Bucks (ARV $5 USD/ $5.62 CAD/ £3.19 GBP) (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. 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. An unclaimed Prize will not be awarded. Limit ONE (1) Prize per winning Entrant. “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 500 Entrants will be selected to win the Prize. Winners will be notified by either email, postal mail, and/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 Prize to be forfeited and an alternate winner may be selected, at Sponsor’s sole discretion. Winner 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. A potential winner who has not reached the age of majority in his/her jurisdiction of residence at the time of Entry shall require parental consent to accept any prize.
9. DISCLAIMER: This Promotion and 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 any other entity, the manufacturer or provider of any Prize, or owner of any trademark or service mark mentioned in connection herewith. Any copyright and/or trademark(s) mentioned in connection with this Promotion are the property of their respective owners.
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 January 6, 2015 send a self-addressed, stamped (#10) envelope to: Cyber Monday Funday P.O Box 578, Manhattan Beach, CA 90267. Include on the lower left hand corner of the envelope the dates of the Promotion.
13. ODDS OF WINNING: Odds of winning will depend upon the number of eligible Entries received during the Entry Period.
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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