SWEEPSTAKES OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN.
Effective Date: Januuary 2019 Notice Version: 1.0
Data Controller Contact Information
Promote Labs Inc
2248 Meridian Boulevard Suite H.
Minden, NV 89423
Promote Labs, Inc. hosts multiple sweepstakes (each a "Sweepstakes"). Each Sweepstakes is separate. Entry into one Sweepstakes is not entry for any other Sweepstakes. Details on the exact dates for any Sweepstakes, along with the prize(s) available in that Sweepstakes, and any other details will be listed on the Sweepstakes entry page (the “Sweepstakes Page”). These Official Rules apply to each separate Sweepstakes; provided that if the Sweepstakes Page for any particular Sweepstakes references additional terms or conditions, those additional terms and conditions are incorporated into these Official Rules. If the promotion references its own separate set of Official Rules for that Sweepstakes, then those Official Rules will apply
A PURCHASE OR PAYMENT OF ANY KIND WILL NOT IMPROVE YOUR CHANCES OF WINNING. THE CONTEST IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW OR WHERE BONDING, REGISTRATION, OR OTHER REQUIREMENTS WOULD BE REQUIRED BUT HAVE NOT BEEN MET, OR WHERE THE METHODS OF ENTRY SET FORTH BELOW WOULD BE DEEMED CONSIDERATION. ALL APPLICABLE FEDERAL, STATE AND LOCAL LAWS APPLY.
Sponsored by Promote Labs, Inc., 2248 Meridian Blvd., Minden, NV 89423 (“Sponsor”).
Subject to these Official Rules, the Sweepstakes is open to individual persons who are at least 18 years old as of the date of entry. To be eligible to receive a Prize (as defined below), the information associated with the Entrant’s account must be true and accurate. The information associated with the Entrant’s account must identify the actual Entrant into the Sweepstakes. In order to facilitate the delivery of a Prize (as defined below), Sponsor may attempt to contact the winner using the information provided during account registration. If Sponsor cannot get in contact with the winner using that information, the winner may forfeit his/her Prize. Certain Sweepstakes may be only open to residents of specific countries. Any person that enters into a Sweepstakes that he/she is not eligible to enter may not win a Prize (as defined below) in that Sweepstakes.
Sponsor, employees of Sponsor, and all of their respective partners, parent companies, divisions, subsidiaries, affiliates, trustees, advertising, promotion and public relations agencies, and their respective officers, directors, employees, agents, independent contractors, representatives and agencies (collectively, the “Sweepstakes Entities”) are not eligible to participate in the Sweepstakes and/or win a Prize (as defined below). Additionally, immediate family members of such employees and persons living in the same household as such employees (whether related or not) are not eligible to win. For the purposes of this Sweepstakes, “immediate family members” is defined as spouse, domestic partner, mother, father, grandmother, grandfather, children, siblings and their spouses and “persons living in the same household” shall mean people who share the same residence at least three (3) months a year, whether legally related or not.
POTENTIAL WINNERS ARE ONLY ELIGIBLE TO WIN ONE (1) PRIZE PER CALENDAR MONTH.
ONLY ONE (1) WINNER PER HOUSEHOLD PER CALENDAR MONTH.
Notice to International Entrants
You understand that it is your responsibility to comply with sweepstakes and promotion laws and regulations of your country, region, and jurisdiction. By entering any Sweepstakes with Sponsor, you acknowledge all the legal risks and acknowledge that you may not be eligible to win or receive your prize if the laws in your country, region, or jurisdiction prevent you from doing so and your prize will not be awarded. You also acknowledge and understand in cases of cash/monetary winnings you understand that Sponsor cannot send physical checks or cash to non-US/international winners. If you cannot accept PayPal or other third-party online payments (as determined by Sponsor in its sole and absolute discretion), you are not eligible to be awarded the prize and the prize will be forfeited. All cash/monetary winnings by non-US/international winners are in USD. You further understand that Sponsor is not responsible for any third-party fees, fluctuations in exchange rates, or electronic delays that may be implemented by PayPal or any other third-party service used by Sponsor at the time of the monetary transfer. Sponsor is not responsible for monetary transfers or shipments sent to the incorrect digital or physical address if the potential winner provided such incorrect information.
Sponsor is not responsible for any COD fees, duties, tariffs, foreign taxes or international fees imposed by your country of residence. All COD fees, duties, tariffs, foreign taxes and other international fees are the responsibility of the winner.
Sponsor is not responsible for any type of personal, income, federal, state, local, judicial or other taxes imposed on the winner’s winnings.
You may be required to provide Sponsor a copy or digital image of your government-issued ID to confirm your identity. Sponsor may request additional and/or secondary information to prove your identity after the receipt of your initial documents. You have the right to refuse to provide any and all requested documents; however, you acknowledge that by refusing to provide any documents requested by Sponsor which may be required by law or for identity verification or security purposes, in the time period requested, your prize may be forfeited.
You hereby acknowledge that you or anyone in your network do(es) not belong to or associate with any terrorist organization or any organization with ill intentions towards the United States of America as designated by the Secretary of State in accordance with section 219 of the Immigration and Nationality Act (INA).
In such cases where the potential winner is not able to be awarded the prize due to conditions including, but not limited to, the conditions above, it is up to Sponsor’s sole and absolute discretion whether to select an alternate prizewinner or not award the prize.
AGREEMENT TO OFFICIAL RULES:
Sweepstakes will be conducted by Sponsor and each Entrant who participates in the Sweepstakes unconditionally accepts and agrees to comply with, abide by, and have all participation subject to these Official Rules and the decisions of the Sponsor, which shall be binding with respect to all aspect of the Sweepstakes. Sponsor reserves the right to determine Entrant’s eligibility based on the criteria set forth in these Official Rules.
Winning the prize requires that the potential winner of the prize is, and remains, in compliance with these Official Rules, and any additional or supplementary rules, terms, or conditions provided on the Sweepstakes Page, and timely returns all prize claim documentation. Until a potential winner is verified to be eligible and in compliance with these Official Rules, and any additional or supplementary rules, terms, or conditions provided on the Sweepstakes Page, the potential winner is, and will remain, a potential winner, unless the potential winner is disqualified for not complying with the Official Rules, and any additional or supplementary rules, terms, or conditions provided on the Sweepstakes Page, and/or not being eligible to participate in the Sweepstakes. Sponsor reserves the right to disqualify any potential winner who Sponsor, in its sole and absolute discretion, determines is not permitted by law to receive a prize. Sponsor is not required to conduct any advertising or public relations associated with a winner.
Each Sweepstakes will be announced on the Sweepstakes Page for that specific promotion. You may join the Sweepstakes while it is live. Sponsor reserves the right to cancel any Sweepstakes, in its sole and absolute discretion, without any restrictions.
HOW TO ENTER:
- Participants may participate and enter in as many Sweepstakes as are conducted by Sponsor, subject to limited stated in these Official Rules, and any additional or supplementary rules, terms, or conditions provided on the Sweepstakes Page. The entry period for participation in a Sweepstakes opens when the Sweepstakes becomes active or if any pre-start countdown clock reaches 00:00:00 for each applicable Sweepstakes. At that time, Entrant may access the Sweepstakes Page. Sponsor’s technical equipment is the official timekeeping device for all activities on the App. All decisions of Sponsor are final and binding in all aspects of the game and/or Sweepstakes.
- Sponsor is not responsible for incorrect or inaccurate entry of information by Entrant; lost or late entries or transmissions; interrupted or unavailable network, server, or other connections; scrambled transmissions or other errors or problems of any kind whether mechanical, human, or electronic, technical malfunctions of any computer hardware, software, or any combinations thereof; or problems associated with any virus or any other damage caused to entrants’ systems. Incomplete or ineligible entries will be voided.
- You may not create or use more than one email to enter a Sweepstakes. In addition, creating multiple accounts to use for entry into any Sweepstakes is strictly prohibited. Entrants found to have created or used multiple accounts to enter the Sweepstakes will be disqualified. In the event of a dispute as to any social network entry, the authorized account holder of the email address used to set up the social network account will be deemed to be the Entrant. Winner(s) may be required to show proof of being the authorized account holder.
- Sweepstakes bonuses or other features of the Sweepstakes cannot be purchased, are non-transferrable and may not be bought, sold, traded, bartered, or transferred from one user to another by any means.
- Important notice regarding online entry from your mobile device: Depending on your wireless service provider/plan, Entrant may be subject to additional fees when using a mobile device in connection with entering and participating in the Sweepstakes or communicating with Sponsor or its representatives. Entrant is solely responsible for all charges, fees and taxes associated with entry and participation in this Sweepstakes. Entrant should consult their wireless service provider regarding its pricing plans prior to participating via a mobile device.
LIMITS OF ENTRY:
Multiple entrants are not permitted to share the same email, account, or social network account. All rules, guidelines, and terms and conditions of any designated social network also apply. By entering, Entrant is confirming their acceptance and agreement to these Official Rules, and any additional or supplementary rules, terms, or conditions provided on the Sweepstakes Page.
The maximum number of entries per Entrant during the Sweepstakes Period will be specified on the Sweepstakes Page. If the maximum number of entries is not specified, it shall be one (1). Any attempt(s) made by the same individual to submit more than the permitted entries by using multiple emails/social network accounts, false contact information, accounts, or otherwise may result in the Entrant being disqualified. Entries generated by a script, computer programs, macro, programmed, robotic or other automated means are void and may be disqualified. Entries that are in excess of the stated limits, incomplete, illegible, corrupted, damaged, destroyed, forged, false, lost, late or misdirected, deceptive or otherwise not in compliance with the Official Rules, and any additional or supplementary rules, terms, or conditions provided on the Sweepstakes Page, may be disqualified from the Sweepstakes at Sponsor’s sole and absolute discretion. Entries submitted by Entrants who do not meet the eligibility requirements (including all requirements with respect to age and residence) are void. Winners may be required to show proof of being the registered account holder. Those who do not follow all of the instructions, provide the required information, or abide by these Official Rules, and any additional or supplementary rules, terms, or conditions provided on the Sweepstakes Page, and/or other instructions of Sponsor may be disqualified. The Sponsor may run multiple campaigns, contests, sweepstakes, or other promotions simultaneously. Entry into one (1) promotion does not constitute entry into any other.
WINNER SELECTION PROCESS:
Each specific Sweepstakes Page for the individual promotion will provide information regarding when a winner (or winners, as is applicable) will be selected by random drawing from among all eligible entries received. Proof of transmission is not proof of receipt. All decisions of the Sponsor are final and binding with respect to all matters related to the Sweepstakes.
The potential Winner will be notified as provided on the specific Sweepstakes Page for the individual promotion. If no information is provided regarding winner notification, winner may be contacted via the email they provided upon entry or through the direct/private message feature of the social network used for entry. The potential Winner may be required to execute and return an IRS Form W9 and Affidavit of Eligibility/Release of Liability/Publicity form (where legal) by the date specified in the notification or if one is not specified then five (5) business days. Noncompliance with this time period, or with these Official Rules, and any additional or supplementary rules, terms, or conditions provided on the Sweepstakes Page, or the return of any prize/prize notification may result in disqualification and, at Sponsor’s discretion, time period permitted, an alternate potential Winner may be selected. The Prize will be fulfilled approximately two weeks after Winner validation. Any Winner later determined to be ineligible may be required to return his/her prize and may be prohibited from entering or winning any future Sweepstakes or other promotions conducted by Sponsor.
The Sponsor is not responsible for and shall not be liable for late, lost, damaged, intercepted, misdirected, or unsuccessful efforts to notify the potential winners, for late, lost, misdirected, or unsuccessful efforts of potential winner to provide any required documents.
PRIZE AND ODDS:
The number of winners stated on the Sweepstakes Page will receive the prizes designated on the Sweepstakes Page for each individual promotion. No transfer, substitution, or cash redemption will be awarded in lieu of the stated prize except by Sponsor, who reserves the right to substitute a prize (or portion thereof) of comparable or greater value, in its sole discretion, if the advertised prize becomes unavailable. All prize details are at the sole discretion of the Sponsor. Odds of winning depend on number and timing of eligible entries in the Sweepstakes. The Approximate Retail Value (“ARV”) of any prize is stated on each individual Sweepstakes Page.
There is no substitution for any Prize or any portion thereof and no refunds will be given for any unused or unclaimed portion of the Prize, except in Sponsor’s sole discretion. The Prize is not transferable, assignable, or redeemable for cash. All Prize details are at Sponsor’s sole discretion.
Winner is solely responsible for the reporting and payment of any and all federal, state and local taxes as well as any other costs and expenses associated with acceptance and use of a Prize not specified herein as being awarded. Winner may be issued an IRS Form 1099Misc based on the ARV of the Prize awarded. Sponsor reserves the right to substitute a cash payment of equal value for any aspect of the prize. Terms and conditions of prize elements may apply.
Acceptance of prize constitutes permission for the Sponsor and its designees to use the winner’s name, city, state, likeness, voice, biographical information and statements for purposes of advertising, promotion and publicity in any and all media, now or hereafter known, throughout the world in perpetuity without additional compensation, notification or permission, unless prohibited by law. By participating, Entrant (i) agrees to release and hold Sponsor, and its parent, affiliates, subsidiaries, and advertising and promotion agencies involved in a specific Sweepstakes, and each of their respective directors, officers, employees and assigns (collectively, the “Released Parties”), harmless from and against any and all claims or liability arising, in whole or in part, directly or indirectly, out of participation in the Sweepstakes or misuse, nonuse or use of any prize; (ii) waives all rights to claim punitive, incidental and consequential damages, attorneys’ fees or any damages other than actual out-of-pocket costs incurred to enter; and (iii) agrees to be bound by these Official Rules, and any additional or supplementary rules, terms, or conditions provided on the Sweepstakes Page. Released Parties are not responsible for incomplete, lost, late, damaged, inaccurate, illegible, misdirected, garbled, delayed or undelivered Entries; or for technical hardware or software malfunctions or failures of any kind, lost, unavailable network connections, or failed, incomplete, garbled or delayed computer transmission, which may limit an individual’s ability to participate. Sponsor reserves the right in its sole discretion, to cancel, suspend or modify any Sweepstakes or to disqualify any implicated Entrant(s), (and their entries) if any fraud, virus, actions by entrants, technical or other error or problem, or any other occurrence corrupts or affects the administration, integrity, security, or proper play of the Sweepstakes, as determined by Sponsor in its sole discretion. In the event of cancellation of a Sweepstakes, Sponsor reserves the right, at its sole discretion, to award the prize in a random drawing from among all eligible, non-suspect entries received for that specific Sweepstakes up to the time of the event or action warranting such cancellation. In the event a Sweepstakes is cancelled prior to the stated end date, a notice will be posted on the Sweepstakes Page for the individual promotion. CAUTION: Any attempt by an Entrant to deliberately damage any website or undermine the legitimate operation of any Sweepstakes or promotion offered by Sponsor is a violation of criminal and civil laws, and should such an attempt be made, Sponsor reserves the right to seek damages from any such Entrant to the fullest extent permitted by law, including criminal prosecution. Released Parties are not responsible for any technical, mechanical, printing, typographical, human or other error relating to or in connection with any Sweepstakes, including, without limitation, errors which may occur in the administration of a specific Sweepstakes, the processing of entries, the announcement of the prize, or in any Sweepstakes-related materials; or for any liability for damage to any computer system resulting from participating in, or accessing or downloading information in connection with any Sweepstakes conducted by Sponsor.
The parties agree that the Sweepstakes and these Official Rules, and any additional or supplementary rules, terms, or conditions provided on the Sweepstakes Page, will be governed, construed and interpreted under the laws of the State of Nevada, without giving effect to any choice of law or conflict of law rules (whether of the State of Nevada or any other jurisdiction) which would cause the application of the laws of any jurisdiction other than the State of Nevada.
Entrant, Sponsor, and the Released Parties (each, a “Party” and collectively the “Parties”) each agree to fully and finally settle all disputes only through binding arbitration; provided, however, the Sponsor shall be entitled to seek injunctive or equitable relief in the state and federal courts for Douglas County, Nevada and any other court with jurisdiction over the Parties. All disputes will be resolved solely by binding arbitration and Entrant waives the ability to bring claims in a class action format. In arbitration, there is no judge or jury and review is limited. The arbitrator’s decision and award are final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The Parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to any Sweepstakes offered by Sponsor shall be resolved solely by binding arbitration before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. (“JAMS”) or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a “Demand for Arbitration”, then either Party can elect to have the arbitration administered by the American Arbitration Association (“AAA”) or any other mutually agreeable arbitration administration service. If an in-person hearing is required, then it will take place in Reno, Nevada. The federal or state law that applies to these Official Rules, and any additional or supplementary rules, terms, or conditions provided on the Sweepstakes Page will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn’t apply and the dispute must be brought in a court of competent jurisdiction in Nevada.
Scope. This agreement to arbitrate claims and disputes is intended to be broad and includes, without limitation, (i) claims or disputes relating to any aspect of a Sweepstakes, whether based in contract, tort, statute or any other legal theory, (ii) claims or disputes directly or indirectly arising from conduct or events related to any aspect of a Sweepstakes that occurred prior to the effective date of the Official Rules, and any additional or supplementary rules, terms, or conditions provided on the Sweepstakes Page, (including, without limitation, claims relating to advertising), or after its termination, (iii) claims or disputes subject to class action litigation in which you are not currently a member of a certified class, and (iv) claims or disputes with any agent, employee, successor or assign of you, the Sponsor, or the Released Parties (all such claims and disputes are referred to collectively as “Claims”). This agreement to arbitrate does not, however, include Sponsor’s Claims pertaining to intellectual property rights.
No Preclusive Effect. No award or finding or stipulation of fact by the arbitrator will have any preclusive or collateral estoppel effect in any other arbitration or court, unless it involves the exact same parties.
Severability. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable or illegal provision were not contained herein.
Notwithstanding the foregoing, Sponsor may seek equitable relief in any court of competent jurisdiction.
LIMITATION OF LIABILITY:
BY ENTERING ANY SWEEPSTAKES CONDUCTED BY SPONSOR, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED FIVE DOLLARS ($5.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (C) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED FIVE DOLLARS ($5.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (D) ENTRANT’S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
All prizes are provided “as is” and “with all faults.” Neither Sponsor nor the Released Parties make any warranties, express or implied, in fact or in law, relative to the use or enjoyment of any prize, or any portion thereof, including, without limitation, its quality, merchantability or fitness for a particular purpose. Any and all warranties for a prize, or any portion thereof, are contained in the manufacturers’ or service providers’ warranties, as relevant.
Winner’s name (first name and first initial of surname) will be posted on the Sweepstakes Page for the specific promotion when available.
NO IMPLIED ENDORSEMENT:
The names of individuals, groups, companies, products, or services mentioned herein, and any corresponding likenesses, logos, or images thereof reproduced herein, have been used for identification purposes only and may be the copyrighted properties and trademarks of their respective owners. The mention of any individual, group or company, including, but not limited to, Twitter, Inc., Facebook, Inc., Instagram, Inc., or the inclusion of a product or service as the prize, does not imply any association with or endorsement by such individual, group or company or the manufacturer or distributor of such product or service and, except as otherwise indicated, no association or endorsement is intended or should be inferred.
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