Sweepstakes Central USA Official Rules
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED
The following Sweepstakes shall only be construed and evaluated according to U.S. law.
Participation in the Sweepstakes Central USA Sweepstakes (the “Sweepstakes”) constitutes entrant’s full and unconditional agreement to, and acceptance of, these Official Rules, including the agreement that all decisions of Sponsor are final and binding in all respects on all entrants. Winning a prize is contingent upon entrant fulfilling all requirements set forth in these Official Rules.
SPONSOR/ADMINISTRATOR: The Sweepstakes is sponsored by and administered by D Promo LLC (the “Sponsor”), 2711 Centervilleroad, Suite 400, Wilimington, DE 19808, Delaware.
ELIGIBILITY: The Sweepstakes is open and offered only to United States residents who are at least 18 years of age at the time of entry, (the “Entrants”). Residents of Puerto Rico are not eligible. Employees, officers and representatives of Sponsor, and any of their respective parent companies, affiliates, franchisees, licensees, distributors, vendors, suppliers, subsidiaries, retailers, advertising/promotion agencies and members of the immediate family (mother, father, brothers, sisters, sons, daughters and spouse, regardless of where they reside) and household members of each such employee, whether or not related, are not eligible to participate. Winning a prize is contingent upon fulfilling all requirements set forth herein. Void where prohibited or restricted by law, taxes, or restricted by law or where the Sponsor does not maintain the required licenses or registrations to make such offer. Determination of applicability is the responsibility of the Entrant.
AGREEMENT TO OFFICIAL RULES: By participating, Entrants agree to abide by and be bound by these Official Rules and the decisions of the Sponsor, which are final and binding in all matters relating to the Sweepstakes. Winning a prize (as defined below) is contingent upon fulfilling all requirements set forth herein.
TO ENTER: The current Sweepstakes began on February 1, 2017 at 12:00 p.m. Eastern Time to April 30, 2017 at 11:59 p.m. Eastern Time (“Sweepstakes Period”). The Sponsor’s database computer is the official time-keeping device for the Sweepstakes. Entry methods are as follows:
To enter, fully complete and submit the online entry form providing all requested information and agree to the terms herein. All required information must be completed to enter and to be eligible to win. Incomplete entries will be disqualified. By submitting an online entry form, an Entrant will receive one (1) entry into the Sweepstakes.
Entries made by any other individual or any entity, and/or originating at any other website or e-mail address, including, but not limited to, commercial Sweepstakes subscription notification and/or entering service sites, will be declared invalid and disqualified for this Sweepstakes. The use of automated entry devices is prohibited and no mechanically reproduced entries or otherwise fictitious entries are allowed; all such entries are void. The Sponsor is not responsible for: late, incomplete, incorrect, delayed, garbled, undelivered, or misdirected entries.
Limit one (1) entry per person per household throughout the Sweepstakes Period. Sponsor reserves the right to disqualify any person that submits more than maximum allowed entries and who uses false information. All entries become the exclusive property of Sponsor and will not be acknowledged or returned.
RELEASE AND LIMITATIONS OF LIABILITY: By participating in the Sweepstakes, Entrants agree to release and hold harmless the Sponsor, their respective parents, employees, officers, directors, vendors, subsidiaries, affiliates, distributors, sales representatives, advertising and promotional agencies (collectively, the “Released Parties”) from and against any claim or cause of action arising out of participation in the Sweepstakes or receipt or use of any prize, including, but not limited to: (a) any technical errors that may prevent an Entrant from submitting an entry; (b) unauthorized human intervention in the Sweepstakes; (c) printing errors; (d) errors in the administration of the Sweepstakes or the processing of entries; or (e) injury, death, or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Sweepstakes or receipt of any prize. Released Parties assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. Released Parties are not responsible for any problems or technical malfunction of any telephone network or telephone lines, computer on-line systems, servers, or providers, computer equipment, software, failure of any e-mail or entry to be received by Sponsor on account of technical problems, human error or traffic congestion on the Internet or at any website, or any combination thereof, including any injury or damage to participant’s or any other person’s computer relating to or resulting from participation in this Sweepstakes or downloading any materials in this Sweepstakes. Entrant further agrees that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Sweepstakes, and in no event shall the Released Parties be liable for attorney’s fees. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
GENERAL CONDITIONS: If for any reason the operation or administration of this Sweepstakes is impaired or incapable of running as planned for any reason, including but not limited to (a) infection by computer virus, bugs, (b) tampering, unauthorized intervention, (c) fraud, (d) technical failures, or (e) any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, the Sponsor reserves the right at its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Sweepstakes in whole or in part, at any time, without notice and award the applicable prizes using all non-suspect eligible entries received as of, or after (if applicable) this cancellation, termination, modification or suspension date, or in any manner that is fair and equitable and best conforms to the spirit of these Official Rules. Sponsor reserves the right, at its sole discretion, to disqualify any individual deemed to be (a) tampering or attempting to tamper with the entry process or the operation of the Sweepstakes or Sponsor’s Website; or (b) acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON (S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
Failure by the Sponsor to enforce any provision of these Official Rules shall not constitute a waiver of that provision.
DRAWING AND NOTIFICATION: The random computerized prize drawing from qualified entries will be held on the last day of each promotional period (“Sweepstakes Period”) and shall include all eligible entries received up through that date in the Sweepstakes Period. The estimated value of each prize is $1,000.00. Winner will be contacted by e-mail and telephone and must respond and accept prize within 5 days of initial contact by Sponsor or will forfeit prize. If a potential winner cannot be contacted, fails to timely claim the prize, is disqualified, fails to timely execute and return any required forms, or if the prize notice is returned as undeliverable, Sponsor may select an alternative person from among the remaining, eligible entries by random draw. Should by reason of an apparent electronic error more prizes be claimed than the number of prizes set forth in the promotion, a random drawing will be held to award the advertised prize.
PRIZES & PRIZE CONDITIONS: There are four (4) $1,000 prizes that shall be awarded in 2017. Each prize winner is responsible for all taxes and fees associated with the receipt of the prize. No substitution or transfer of prize will be permitted. Limit one (1) prize to one (1) winning Entrant. By accepting any prize, the Sweepstakes winner agrees to release and hold harmless the Sponsor against any claim or cause of action arising out of participation in the Sweepstakes or receipt or use of the prize in question.
To claim any prize, Sponsor may require a winner to complete, sign, and return an affidavit of eligibility/liability release/publicity release forms and other applicable documents, and as the case may be, which may require a social security number and may need to be notarized, before claiming a prize. All required documents must be completed and returned to Sponsor within five (5) days of the date and time listed on the documents. At Sponsor’s discretion, each potential prize winner may be required to produce evidence such as a picture or other form of necessary identification to claim his/her prize.
ADDITIONAL CONDITIONS: All Entrants, where permitted by law, grant to those acting pursuant to the authority of Sponsor and the Sponsor, the right to print, publish, broadcast and use worldwide IN ALL MEDIA without limitation at any time an Entrants full name, and if applicable their portrait, picture, voice, likeness and/or biographical information for advertising, trade and promotional purposes without further payment or additional consideration, and without review, approval or notification.
IN NO EVENT WILL SPONSOR OR THOSE ACTING PURUSANT TO THE AUTHORITY OF THE SPONSOR BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND (INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES) ARISING OUT OF PARTICIPATION IN THIS SWEEPSTAKES OR THE ACCEPTANCE, POSSESSION, USE, OR MISUSE OF, OR ANY HARM RESULTING FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF THE PRIZES OR THE USE OR MISUSE OF THE ENTRANTS LIKENESS IN ALL MEDIA.
By participating, Entrants release and agree to hold harmless the those acting pursuant to the authority of Sponsor and the Sponsor from any and all liability for any injuries, death or losses or damages to persons or property AS WELL AS CLAIMS/ACTIONS BASED ON PUBLICITY RIGHTS, DEFAMATION, AND/OR INVASION OF PRIVACY that may arise from participating in this Sweepstakes or its related activities or the acceptance, possession, use or misuse of, or any harm resulting from the acceptance, possession, use or misuse of the prize(s). All prize winners also acknowledge that those acting pursuant to the authority of Sponsor and the Sponsor have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to the prize accepted.
Modification of these terms: Sponsor reserves the right to modify these terms for clarification purposes without materially affecting the terms and conditions of the Sweepstakes. If any term in these terms are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.
DISPUTES/MANDATORY ARBITRATION: In the event of any controversy, claim or dispute between the Entrant and the Sponsor arising out of or relating to the Sweepstakes or the breach, termination, enforcement, interpretation, conscionability or validity thereof, including any determination of the scope or applicability of this agreement to arbitrate, shall be determined by binding arbitration. Arbitration proceedings shall be administered by the American Arbitration Association (“AAA”) and may take place via the Internet and/or telephonically in accordance with the rules of the chosen arbitration service provider. The law applicable to such arbitration shall be that of the party bringing the claim. The arbitrator shall be neutral and independent and shall comply with the AAA code of ethics. The award rendered by the arbitrator shall be final and shall not be subject to vacation or modification. Judgment on the award made by the arbitrator may be entered in any court having jurisdiction over the parties. If either party fails to comply with the arbitrator’s award, the injured party may petition the circuit court for enforcement. The parties agree that either party may bring claims against the other only in his/her or its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Further, the parties agree that the arbitrator may not consolidate proceedings of more than one person’s claims, and may not otherwise preside over any form of representative or class proceeding. The parties shall share the cost (not attorney’s fees) of arbitration equally. In the event a party fails to proceed with arbitration, unsuccessfully challenges the arbitrator’s award, or fails to comply with the arbitrator’s award, the other party is entitled to costs of suit, including a reasonable attorney’s fee for having to compel arbitration or defend or enforce the award. Binding Arbitration means that both parties give up the right to a trial by a jury. It also means that both parties give up the right to appeal from the arbitrator’s ruling except for a narrow range of issues that can or may be appealed. It also means that discovery may be severely limited by the arbitrator. This section and the arbitration requirement shall survive any termination.
WINNER LIST REQUEST: To request the names, cities, and states of residence of the prize winners, please send an e-mail to: email@example.com. Attn: Advertising Manager.
PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.