Sweepstakes Official Rules
Sweepstakes (“Sweepstakes”) Official Rules
THESE ARE THE OFFICIAL RULES OF THE SWEEPSTAKES DESCRIBED IN THE CORRESPONDING VIDEO OR SOCIAL MEDIA POST (THE “POST”).
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. THIS SWEEPSTAKES IS INTENDED FOR PLAY IN THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA ONLY AND WILL BE GOVERNED BY U.S. LAW. DO NOT ENTER IF YOU ARE NOT ELIGIBLE AND LOCATED IN AN ELIGIBLE STATE AT THE TIME OF ENTRY. Void where prohibited by law.
1. Eligibility. Open to legal residents of the 50 United States and the District of Columbia who are 18 years of age or older at the time of entry. Employees, contractors, directors, and officers of Thrillpack Cards d.b.a (“Sponsor”), its parent, subsidiaries, affiliates, sales representatives, and advertising, promotion and other agencies, and all other service agencies involved with the Sweepstakes (“Promotion Entities”), and members of each of their immediate families (spouses, parents, grandparents, children, and siblings, and their respective spouses) and those living in the same household of each are not eligible to enter or win. Participation in the Sweepstakes constitutes entrant’s full and unconditional agreement to, and acceptance of, these Official Rules and any terms or conditions contained in the Post, if any. Winning a prize is contingent upon fulfilling all requirements set forth herein. Void where prohibited by law. Sweepstakes is subject to all applicable federal, state, and local laws.
2. Promotion Period. This Sweepstakes starts at the time and date the Post is made on the social media site and ends at the time and date defined in the Post (the “Promotion Period”). All entry times are in Eastern Time (“ET”), unless otherwise noted.
3. How to Enter. You can enter the Sweepstakes during the Promotion Period by logging into your social media account (or creating a free account if you do not already have one), locating the Post, and following all instructions in the Post. Read the Post for the Sweepstakes’ exact method of entry, which may require you to submit comment(s), content, information, or otherwise interact with the social media site to receive one (1) entry into the Sweepstakes (“Entry”). There is a limit of the number of entries per person/social media account/email address as listed in the Post.
Automated Entries are prohibited and any such use will cause disqualification. Entrants may not enter with multiple email addresses/social media accounts nor may entrants use any other device or artifice to enter multiple times or as multiple entrants. If it is discovered that you have entered or attempted to enter the Sweepstakes multiple times using multiple identities, social media accounts, or email addresses, or that you submitted or attempted to submit more than the Entry limit provided in the Post (if any), all of your Entries may be declared null and void, and any prize you might have been entitled to will not be awarded, all at determined by Sponsor in its sole discretion.
Your Entry must comply with all requirements set forth herein to be considered an eligible Sweepstakes Entry.
By submitting an Entry, entrants agree to indemnify and hold Promotion Entities (as defined in Section 1) harmless from and against any and all claims, demands, actions, causes of action, damages, costs, or expenses brought against or suffered or incurred by the Promotion Entities, or any of them, arising out of or in connection with the participation by the entrants in this Sweepstakes, any breach by the entrants of the warranties or agreements contained herein, or the use, in whole or in part, by any Promotion Entity of any Entry (or portion thereof) submitted by the entrants in this Sweepstakes. By participating, entrants agree to these Official Rules, which are final and binding in all respects.
Note: If you do not have Internet access via a personal computer, your local library or Internet café may be able to provide access to the Internet; in addition, a number of Internet service providers and other companies offer free email accounts.
4. Winner Selection. Within a reasonable time frame after the Promotion Period ends, as determined at the sole discretion of Sponsor, the number of winners as listed in the Post will be selected in a random drawing from among all eligible Entries received during the Promotion Period using a randomization method as specified in the Post. Odds of winning a prize depend on the number of eligible Entries received.
5. Prize(s). Each verified winner shall receive the prize (or a portion of the prize, if applicable) as listed in the Post. The Approximate Retail Value ("ARV") of all of the prize(s) available in connection with a specific Sweepstakes will vary by Sweepstakes and is listed in the Post, but in no event shall such Prize(s) be valued equal to or more than five thousand U.S. Dollars ($5,000 USD). Limit one (1) prize per person/household/email address/social media account, unless otherwise indicated in the Post. Unclaimed prizes will not be awarded. If a prize cannot be awarded for any reason, Sponsor reserves the right to substitute prize with another prize of equal or greater value. Prize will be provided to verified winner at the time that the Sponsor states.
Additional prize restrictions, conditions, limitations, and details may be provided to the potential winner. Prizes are not transferable or redeemable for cash and must be accepted as awarded, with no substitutions of any kind, except by the Sponsor, who reserves the right to substitute a prize (or portion thereof) of comparable or greater value, at its sole discretion. All federal, state, and local taxes (including income and withholding taxes), if any, as well as any other costs and expenses associated with prize acceptance and use not specified herein as being provided are each winner’s responsibility, regardless of whether prize is used in whole or in part. The winner may be required to provide Sponsor with a valid social security number or tax identification number before the prize will be awarded for tax reporting purposes. All prize details are at the Sponsor’s sole discretion. An IRS Form 1099 may be issued in the name of winner, or if a minor in the jurisdiction in which s/he resides, in the name of his/her parent or legal guardian, for the actual value of the prize(s) received.
Winner acknowledges that Promotion Entities have not 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 any prize, including but not limited to its quality, mechanical condition, or fitness for a particular purpose. Any and all warranties and/or guarantees on a prize (if any) are subject to the respective manufacturers’ terms therefore, and winners agree to look solely to such manufacturers for any such warranty and/or guarantee. If applicable, all prize details (including without limitation versions, colors, models, etc.) of prizes will be determined by Sponsor in its sole discretion.
- If prize is chosen using a random prize wheel, picked randomly from a list of prizes, or using any other random prize selection method chosen at the sole discretion of Sponsor ("Random Prize") in a live video stream ("Stream"), winners will be notified via general announcement in the Stream. If the prize contains merchandise from www.thrillpackcards.com ("Store"), winner will be required to create a Store account and notify Sponsor when such action is completed. Sponsor will deliver the prize via a discount code sent to winner's email address associated with their Store account. Prize redemptions shall be shipped via USPS within 15 business days of redemption.
7. Winner Notification. Winner(s) are subject to verification, including verification of age. Winner(s) will be contacted via a) direct messenger (if applicable) or b) a general announcement within a commercially reasonable time after the Sweepstakes’ end date on the social media platform used to enter. You must be following the Sponsor’s social media channel/handle/account/page to be eligible. Each potential winner will be required to respond to such notification within five (5) days of attempted notification. The contact notification will include instructions on how to claim the prize.
Potential winners may be required to provide identification sufficient to show that he/she is the authorized account holder of the applicable social media account, including but not limited to providing the original file of his/her Entry, if applicable, in Sponsor’s sole discretion. Any prize won by an entrant who is eligible but still considered a minor in his/her state of residence will be awarded to a parent or legal guardian of such minor who must sign and return all required documentation outlined herein and otherwise comply with all requirements imposed on winner(s) set forth herein. If winner is found to be ineligible, or not in compliance with these Official Rules and/or the Post, declines to accept a prize, refuses to accept the prize as awarded, if the winner does not respond to Sponsor within five (5) business days of Sponsor attempting contact, if the winner does not otherwise comply with the timeline set forth herein (including return completed documents within the time allotted), or in the event that a prize notification or prize is returned undeliverable, the winner may be disqualified and the prize may be forfeited.
Potential prize winner (or parent/legal guardian where applicable) may be required to furnish proof of identification and sign, complete, and return an Affidavit of Eligibility/Liability Release and, where lawful, a Publicity Release, within seven (7) days of attempted notification or prize may be forfeited. Promotion Entities shall not be held responsible for any change of email address or other contact information of entrants, or for any delays in awarding prizes for any reason outside of their control. Prizes will only be delivered to verified winners and to addresses within the 50 U.S./D.C.
8. Binding Arbitration. Any controversy or claim arising out of or relating to this Sweepstakes shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply Colorado law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the JAMS Rules and Procedures, 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, illegal, or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable, or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty (60) days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE ENTRANT’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS SWEEPSTAKES IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.
BY PARTICIPATING IN THE SWEEPSTAKES, EACH ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) 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 THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS, AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) 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, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) 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 EVERY ENTRANT.
This Sweepstakes is in no way sponsored, endorsed, or administered by, or associated with, YouTube, Facebook, Instagram, or Twitter. By entering this Sweepstakes, entrants (or their parent or legal guardian if an eligible minor) agree to release YouTube, Facebook, Instagram, Twitter, Sponsor, Promotion Entities, and each of their officers, directors, employees, and agents, from any and all liability, loss, or damage incurred with respect to participating in the Sweepstakes or the awarding, receipt, possession, and/or use or misuse of any prize or any item redeemed therewith or travel related thereto.**
10. Sponsor rights.
10.1. Sponsor is not responsible for late, lost, damaged, stolen, misdirected, mutilated, garbled, illegible, or incomplete submissions of Entries. Proof of transmission (screenshots or captures of Entry, etc.) and/or submission does not constitute proof of delivery. Sponsor’s clock is the official timekeeping device for this Sweepstakes.
10.2. Sponsor reserves the right in its sole discretion to cancel, modify, or suspend this Sweepstakes at any time, if fraud, technical failures, including any network server or hardware failure, viruses, bugs, errors in programming, or any other errors or other causes corrupt the administration, security, integrity, or proper play of the Sweepstakes. In the event of cancellation, Sponsor reserves the right to select the winners from among all eligible, non-suspect Entries received up to time of such cancellation. In no event will the Sponsor be liable for more than the stated number of prizes.
10.3. Sponsor reserves the right to disqualify any entrant’s Entry in the Sweepstakes or entitlement to a prize, if, in the sole discretion of the Sponsor, it determines or suspects that the entrant has attempted to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception, or other fraudulent, deceptive, or unfair playing practices (including any Entries generated by script, macro, robotic, programmed, or any other automated means or any other means which subvert the entry process).
11. Governing Law. All issues and questions concerning the construction, validity, interpretation, and enforceability of the Sweepstakes Official Rules, or the rights and obligations of entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Colorado without regard to any other conflicts of law principles. All entrants consent to the jurisdiction and venue of the courts located in the State of Colorado, in the City of Westminster.
12. Disclosures. Any attempt by an entrant or other individual to deliberately damage any website or undermine the legitimate operation of this Sweepstakes, including but not limited to any fraudulent claims, is a violation of criminal and civil laws. Should such an attempt be made, Sponsor reserves the right to seek remedies and damages from any such individual to the fullest extent permitted by law, including criminal prosecution. Any entrant engaging in any of the foregoing activities may be disqualified (and all associated Entries will be void) and will forfeit any prize won.
13. Disputes. In the event of any conflict with any Sweepstakes details contained in these Official Rules/the Post and Sweepstakes details contained in any other Sweepstakes materials (including but not limited to other social media content, Post, and print advertising, promotional packaging, and other promotion media) (“Sweepstakes Materials”), the details of these Official Rules shall prevail. The Official Rules govern over all other communications. Images of prize(s) or items redeemed with prize as shown in Sweepstakes Materials are for illustrative purposes only. Actual prize may vary from the prize pictured. The ARVs of prizes as stated by Sponsor in the Sweepstakes Materials, the Post, and/or in these Official Rules are subject to price fluctuations in the consumer marketplace.
14.1 By entering, entrants (i) acknowledge compliance with these Official Rules and the Post, including all eligibility requirements and, (ii) agree to be bound by all decisions of the Sponsor, made in their sole discretion, which shall be final and binding in all matters relating to this Sweepstakes. All issues of interpretation to be decided by Sponsor. Decisions of Sponsor are final and binding in all matters. Entrants who have not complied with these Official Rules and the Post are subject to disqualification and all associated Entries will be void.
14.2 If a dispute arises regarding who submitted an Entry, the Entry will be deemed to be submitted by the authorized account holder of the social media account/email address provided at time of entry and he/she must comply with these Official Rules and the Post. “Authorized account holder” is defined as the natural person who is assigned to an email address or social media account by an Internet access provider, social media company, online service provider, or other organization responsible for assigning email addresses for the domain associated with the submitted email address.
14.3 Promotion Entities do not warrant that access to the Sweepstakes will be uninterrupted. Promotion Entities are not responsible for any problems that may arise, including but not limited to; (a) lost, interrupted, inaccessible, or unavailable networks, servers, satellites, Internet Service Providers, Web sites, or other connection, availability or accessibility problems arising in connection with or over the course of the Sweepstakes; or (b) communications failed, jumbled, scrambled, delayed, or misdirected computer, telephone, or cable transmissions or hardware or software malfunctions, failures, or difficulties; or (c) failure of personal computers and/or software and hardware configurations, any technical malfunctions, failures, or difficulties, printing errors, clerical, typographical, or other errors in connection with the administration of the Sweepstakes, the processing of Entries, the offering or announcement of any prize or in any Post or prize notification documents; or (d) for any other errors of any kind relating to or in connection with the Sweepstakes, whether human, mechanical, clerical, electronic, or technical in nature; or (e) the incorrect or inaccurate capture of information, or the failure to capture any information in connection with the Sweepstakes; or (f) damage to a user’s computer system occasioned by participation in this Sweepstakes or downloading any information necessary to participate in this Sweepstakes.
14.4 The invalidity or unenforceability of any provision of these Official Rules or the Post shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules and the Post shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
15. Sponsor. Thrillpack Cards, PO Box 388, Broomfield, CO 80038.
16. Winners List For winner list requests within 30 days of the end date of the Sweepstakes, send an email listing the Sweepstakes in the title of the email to firstname.lastname@example.org.