- SWEEPSTAKES OFFICIAL RULES FOR SOCIAL MEDIA GIVEAWAYS (Original)
SWEEPSTAKES OFFICIAL RULES FOR
SOCIAL MEDIA GIVEAWAYS
NOTICE REGARDING DISPUTE RESOLUTION: These official rules contain terms that govern how claims between you and Sponsor, relating to your participation in any Sweepstakes, will be resolved. For example, Section 17 includes an arbitration agreement and waiver of a class action that requires you to submit all claims to arbitration (instead of going to court before a judge and jury) and limits your ability to bring claims only in an individual capacity (and not as part of or on behalf of any class action or purported collective or representative claim or proceeding).
No purchase or payment of any kind is necessary to enter or win. The odds of winning depend on the total number of eligible entries received across all entry methods.
SubK Shop, Inc. (“Sponsor”, “SubK”, “We”, “Us”, or “Our”) operates sweepstakes or giveaways which allow entrants to enter for a chance to win prizes and experiences.
All entries into a SubK social media sweepstakes have an equal chance of winning. Before entering one of Our sweepstakes, please review these detailed rules which provide the general terms and conditions which apply to every social media sweepstakes and experience we offer. Every Sweepstakes also has its own, additional, promotion-specific terms and conditions (“Supplemental Rules”). The Supplemental Rules can be found on each sweepstake’s social media post. For experience-related prizes, there will be additional information and requirements. However, if there is a conflict between the Official Rules and the Supplemental Rules, the Supplemental Rules will govern. Any reference to “Official Rules” shall mean both these Official Rules and the applicable Supplemental Rules, taken as a whole.
1. ENTRY PERIOD: SubK hosts multiple promotional sweepstakes or giveaways (each a "Sweepstakes"). Each Sweepstakes is separate. Entry into one Sweepstakes is not an 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 in the Supplemental Rules and/or on the Sweepstakes Page or, for Social Media Promotions, on the associated graphic, caption, or link (for each promotion the “Sweepstakes Page”). Entries into a SubK Sweepstakes must be received during the Entry Period outlined in the Supplemental Rules on the Sweepstakes Page for each individual Sweepstakes. The Sponsor's computer is the official time keeping device for all Sweepstakes.
2. ELIGIBILITY: Unless otherwise provided in the Supplemental Rules, each Sweepstakes is open only to natural persons who meet the following criteria at the time and date of entry: (a) at least thirteen (13) years of age, (b) are legal residents of the United States or other country that Sponsor ships to, as provided on Sponsor’s website (excluding any country that is listed as a “Prohibited Jurisdiction” below), and (c) is not otherwise excluded by the Official Rules (“Entrant”). Eligible Entrants who are under the legal age of majority in their jurisdiction of primary residence (a “Minor”) must have their parent or legal guardian’s permission to participate in the Sweepstakes. A Minor Entrant will be required to provide parental consent in a form satisfactory to the Sponsor before they can be declared a winner and any prize can be awarded under the terms of the Official Rules.
The following persons are prohibited from entering or winning any sweepstakes We sponsor: (a) Sponsor, employees of Sponsor, and all of their respective partners, parent companies, divisions, subsidiaries, affiliates, trustees, advertising, promotion and public relations agencies, prize providers, any contractor or other partner of Sponsor who is involved in the development, testing, administration, and/or fulfillment of any Prize, including without limitation any Prize supply partner and their respective officers, directors, employees, agents, independent contractors, representatives and agencies (collectively, the “Sweepstakes Entities”); and (b) immediate family members of such employees and persons living in the same household as such employees (whether related or not) are not eligible to participate or 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.
Prohibited Jurisdictions: All countries on the United States’ list of embargoed countries (which can be found here), Afghanistan, Bahamas, Belgium, Belize, Bolivia, Cambodia, Chad, China, Colombia, Cuba, Dominican Republic, Ecuador, Egypt, El Salvador, Ghana, Guatemala, Guinea, Haiti, Honduras, Iran, Iraq, Italy, Jamaica, Lebanon, Mali, Myanmar, Nicaragua, North Korea, Pakistan, Panama, Peru, Singapore, Somalia, Sudan, Syria, Tanzania (the United Republic of), Thailand, Trinidad and Tobago, Tunisia, Turkey, Uganda, Ukraine, Venezuela, Yemen, Zimbabwe, and any other country where local laws would prohibit the provision of or entry into a sweepstakes.
Further eligibility requirements may be listed on the Sweepstakes Page associated with each individual Sweepstakes.
Sponsor is not responsible for any type of personal, income, federal, state, local, judicial or other taxes imposed on the winner’s winnings.
Entrant, or, if applicable, Minor Entrant’s parent or legal guardian, 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 understand that you may not be eligible to win a prize due to your local laws if you are a Minor. In some cases, the parent or legal guardian of a Minor may be able to accept the prize on your behalf. In such cases where a parent or legal guardian is able to accept the prize, we may request additional information from and about the parent or legal guardian.
3. AGREEMENT TO OFFICIAL RULES: Sweepstakes will be conducted by Sponsor and each Entrant who participates (or their parent or legal guardian if an eligible Minor Entrant) in a SubK Sweepstakes unconditionally accepts and agrees to comply with, abide by, and have all participation subject to the 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 the Official Rules.
Winning a prize requires that the potential winner of the prize is, and remains, in compliance with all Official Rules, and any additional or supplementary rules, terms, or conditions provided on the specific Sweepstakes Page, and timely returns of all Prize Claim Documentation (as defined below). Until a potential winner is verified to be eligible and in compliance with all Official Rules, and any additional or supplementary rules, terms, or conditions provided on the specific Sweepstakes Page, the potential winner is, and will remain, a potential winner, unless the potential winner is disqualified for not complying with all Official Rules, and any additional or supplementary rules, terms, or conditions provided on the specific Sweepstakes Page, and/or not being eligible to participate in the Sweepstakes. Display or announcement of potential winner’s name does not guarantee the prize will be awarded. Sponsor reserves the right to disqualify any potential winner who Sponsor, in its sole and absolute discretion, determines is not in compliance with all Official Rules and any additional or supplementary rules, terms, or conditions provided on the specific Sweepstakes Page; fails to return the Prize Claim Documents as required; or not permitted by law to receive a prize. Sponsor is not required to conduct any advertising or public relations associated with a winner.
4. HOW TO ENTER A SWEEPSTAKES: Each sweepstakes will have a starting date and time and an ending date and time (the “Entry Period”) specified on the Sweepstakes Page. Entries must be submitted to Sponsor during the Entry Period to be valid. Sponsor will be the official timekeeper for all Sweepstakes.
Alternate Method of Entry. To enter without following the entry rules on the Social Media Promotion post, please visit the following link provided: https://docs.google.com/forms/d/e/1FAIpQLSc4IrAQsBwFYiUXOR_FO1lzQPYBnLXlN8sLFwtWiIELi10JIQ/viewform?usp=sf_link. You must complete all required information to obtain one (1) entry. Entries using the Alternate Method of Entry are limited to one (1) per Entrant during the Entry Period. If more than one (1) entry using this method of entry is received from the same Entrant, only the first entry submitted by that Entrant will qualify for entry into the Sweepstakes and all subsequent entries will be disqualified. The maximum total number of entries available using this Alternate Method of Entry method is one (1). Any entry submitted in excess of the maximum permitted using this method of entry will be disqualified.
Entrant may submit an entry via following the entry rules on the Social Media Promotion post, the Alternate Method of Entry, or both.
Entry Limit. For each Sweepstakes, if applicable, the Sweepstakes Page or the Social Post will state the maximum number of entries that an Entrant may obtain (the “Entry Limit”). If an Entrant exceeds the Entry Limit for any Sweepstakes, all entries received over the Entry Limit will be void and ineligible to win.
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.5. LIMITS OF ENTRY: Multiple entrants are not permitted to share the same email account. By participating in a Sweepstakes, Entrant is confirming their acceptance and agreement to the Official Rules, and any additional or Supplementary Rules, terms, or conditions provided on the Sweepstakes Page or Social Post. Only fully completed entries submitted during the Entry Period and received by Sponsor are eligible. 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 subject to disqualification and suspension. 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 or Social Post, may be disqualified from the Sweepstakes in 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 the Official Rules, and any additional or Supplementary Rules, terms, or conditions provided on the Sweepstakes Page or Social Post, 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) Sweepstakes does not constitute entry into any other.
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.
Sweepstakes entries, bonuses, or other features of the Sweepstakes cannot be purchased, are non-transferable, and may not be bought, sold, traded, bartered, or transferred from one person to another by any means.
6. ENTRY CONDITIONS AND RELEASE: As a condition of entering any Sweepstakes, Entrant expressly:
a. Consents to receive information or promotional materials from Sponsor via email and/or mail, which Entrant may opt-out of using the ‘unsubscribe’ link on all email or for mailed materials by contacting Sponsor at the information provided on the Website;
b. Represents and warrants that they agree to be bound by the Official Rules, all additional or supplementary rules, terms, or conditions, and decisions of the Sponsor, which will be binding and final in all matters relating to each Sweepstakes;
c. Releases the Sweepstakes Entities from any and all liability, loss, damage, or expense arising from or in connection with the acceptance, use, or misuse of any Prizes;
d. Knowingly and expressly waives all rights to claim punitive, incidental, consequential, or other damages other than for actual out of pocket expenses and/or any rights to have damages multiplied or otherwise increased:
e. Agrees that all claims, disputes, or causes of action arising out of or in connection with any Prize awarded, shall be individually resolved in binding arbitration, as set forth in Section 17, without resort to any form of class or representative action;
f. Agrees that any and all claims, judgements, and awards, if permitted to proceed, will be limited to Entrant’s out of pocket costs incurred (if any), and shall exclude attorneys’ fees and court costs.
Some jurisdictions do not allow the limitations of liability or exclusions of liability set forth above. Some provisions contained in this Section may not apply to every Entrant.
7. HOW AND WHEN WINNERS WILL BE DETERMINED: Potential winner(s) of a Sweepstakes (the “Potential Winner”) will be selected in a random drawing conducted by the Sponsor to be held on the drawing date indicated on the Sweepstakes Page, from among all Eligible Entries received during the Entry Period. 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.
8. WINNER NOTIFICATION/VALIDATION: For Social Media Promotions, the Potential Winner may be announced publicly on the SubK channel and requested to contact Sponsor through the private/direct messaging function of the social media channel. The Potential Winner(s) who submitted an online entry form will be notified using the contact information provided in their entry. The Potential Winner, or their parent or legal guardian if they are a Minor Entrant, may be required to execute and return an IRS Form W9 (or for non-US residents IRS Form W8-BEN) and Affidavit of Eligibility/Release of Liability/Publicity form (“Prize Claim Documents”) (where legal). Potential Winners must contact Sponsor via direct messaging (DM) within 48 hours of the winners announcement or any other time period indicated in the official giveaway post. Potential Winners who submitted an entry via the Alternate Method of Entry must respond to the initial winner notification within 48 hours of it being sent or any other time period indicated in the official winner notification email. Noncompliance within this time period, or with the Official Rules, any additional or supplementary rules, terms, or conditions provided on the Sweepstakes Page, or the return of any Prize Claim Documents or other documents may result in disqualification and, at Sponsor’s discretion, time period permitted, an alternate potential Winner may be selected. A Potential Winner will only be confirmed as the winner eligible to receive the Prize after Sponsor has completed verification of Potential Winner’s eligibility to win and confirmed Potential Winner’s compliance with the Official rules and any additional or supplementary rules, terms, or conditions provided on the Sweepstakes Page, including the return of any Prize Claim Documents or other documents. A verified and confirmed Potential Winner is referred herein as a “Winner”. Any Winner later determined to be ineligible may be disqualified, required to return their prize, prohibited from entering or winning any future Sweepstakes or other promotions conducted by Sponsor.
Winners must be willing and able to claim and/or accept the Prizes(s) in full in the time period specified by Sponsor. Potential Winners are subject to confirmation and verification by Sponsor, by whatever means Sponsor shall deem appropriate. To be verified and confirmed, a Potential Winner and the Potential Winner’s guest(s), if applicable, must comply with all terms and conditions of the Official Rules, any additional or supplementary rules, terms, or conditions provided on the Sweepstakes Page, including the return of any Prize Claim Documents or other documents and fulfill all requirements. Sponsor’s decisions are final and binding in all matters related to the administration, operation, drawing, verification of the Winner, and all issues related to a Prize.
If selected as a Potential Winner, Entrant may be required to provide government-issued identification (ex., Driver’s License, Passport, State Identification Card) for verification purposes. Winners who are at least 13 years of age but not yet the age of majority in their jurisdiction of residence who do not have government-issued identification may have their parent or guardian submit a different form of ID such as a School ID, Library Card, or Birth Certificate along with the parent or guardian’s government-issued identification.
Additional requirement for residents of Canada. Should a Potential Winner be a resident of Canada, they must correctly answer a timed mathematical skill-testing question to be eligible to be confirmed the Winner.
The Sponsor is not responsible for and shall not be liable for late, lost, damaged, intercepted, misdirected, or unsuccessful efforts to notify the Potential Winner(s), for late, lost, misdirected, or unsuccessful efforts of Potential inner to provide consent.9. PRIZES AND ODDS: The number of winners stated on the Sweepstakes Page will receive the prizes designated on the Sweepstakes Page or Social Post for each Sweepstakes. No transfer, substitution, or cash redemption will be awarded in lieu of the stated prize except as determined 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. The odds of winning depend on the number of eligible entries received during the Entry Period.
Social Media Promotion Prizes will be described on the Social Media Post. 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. All Prize details are at Sponsor’s sole discretion. Sponsor reserves the right to substitute the prize for one of equal or greater in value if the prize is no longer available or cannot be sent to the Winner. The Approximate Retail Value (the “ARV”) of any Social Media Promotion Prize will be provided on the Social Media Post or other supplemental information. Should there be any portion of the Prize that is required to be mailed, Sponsor will mail such portion of the Prize to the Winner within six (6) weeks, or as provided on the Sweepstakes Page.
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 1099-Misc or Form W8-BEN based on the ARV of the Prize awarded. For any non-cash prize, 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.
Certain types of Prizes may have other restrictions or limitations, including, without limitation, as follows, unless otherwise specified on the Sweepstakes Page:
Prizes That Include a Meet and Greet Component: Meet and greet portion of the Prize is subject to availability. In the case of unavailability, the remainder of the Prize, if any, will be awarded without the video call or meet and greet portion.
Prizes That Include Attending an Event: Tickets and seating are subject to availability. Should the event be delayed or rescheduled for any reason, tickets for the delayed or rescheduled event may be provided at the sole discretion of Sponsor. If the event is canceled for any reason, the remainder of the Prize, if any, will be awarded without the scheduled event. Sponsor may substitute an alternate Prize of equal or greater value at its sole discretion. If a guest is permitted, Winner’s guest(s) must be 18 or older, or the Winner must be their parent or legal guardian, unless as otherwise specified on the applicable Sweepstakes Page.
10. PUBLICITY GRANT, USE OF PERSONAL INFORMATION: Subject to applicable law, Entrant, or if Entrant is a Minor then the parent or legal guardian of the Minor Entrant, irrevocably grants the Sweepstakes Entities and each of their licensees, and its and their successors, assigns and sub-licensees the right and permission to use the Entrant’s name, voice, likeness, biographical material, character, account alias, photographs, and/or videos for advertising, promotional, and/or publicity purposes in connection with the Sweepstakes, in all forms of media and by all manners (now and hereafter known), and on and in connection with related products, services, advertising and promotional materials (now known or hereafter developed), worldwide, in perpetuity, without any compensation, obligation, notice or consideration except for the awarding of the prize(s) to the winners. By participating in a Sweepstakes, where allowed by law, Entrant, or if Entrant is a Minor then the parent or legal guardian of the Minor Entrant, agrees that the Sponsor may use such information obtained from Entrant for marketing purposes, and may include the names of winners in a publicly available winners list.
11. DELIVERY DISCLAIMER: The Sponsor disclaims all liability for the inability of an Entrant to complete an entry or a Winner to complete any video call portion of a Prize due to equipment malfunction, busy lines, inadvertent disconnections, acts beyond Sponsor’s control, or otherwise. The Sponsor disclaims all liability for any delays, mis-delivery, loss, or failure in the delivery of any item or fulfillment of any Prize sent by or conducted through electronic transmission or other delivery method. The Sponsor is not responsible for human, mechanical, technical, electronic, communications, telephone, computer, hardware or software errors, malfunctions or failures of any kind, including: any form of active or passive filtering, insufficient space in entrant's e-mail account to receive e-mail messages, failed, incomplete, garbled or delayed transmission of online entries, traffic congestion on telephone lines, the Internet, or on any website, or lost or unavailable network connections which may limit an Entrant’s ability to participate in a Sweepstakes. No mechanically reproduced entries or facsimiles will be accepted. Entries void if incomplete, defective, altered, forged, illegible, or received outside authorized channels. Sponsor reserves the right at its sole discretion, to disqualify any individual (and all of their entries, or any portion thereof) who tampers with the entry process.12. NO WARRANTIES: ALL PRIZES ARE PROVIDED “AS IS” AND “WITH ALL FAULTS.” SWEEPSTAKES ENTITIES MAKE NO 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 – IF ANY – ARE CONTAINED IN THE MANUFACTURERS’ OR SERVICE PROVIDERS’ WARRANTIES, AS RELEVANT.
All trademarks are the property of their respective owners. The use of certain companies’, musical groups’, musicians’, or artists’ products or services as prizes does not imply participation in, approval of, or endorsement of the Sweepstakes by such individuals or organization.
13. RELEASE, HOLD HARMLESS AND INDEMNIFICATION: BY ENTERING, ALL ENTRANTS (OR IF ENTRANT IS A MINOR THEN THE PARENT OR LEGAL GUARDIAN) IN A SWEEPSTAKES, ENTRANT’S HEIRS, EXECUTORS, ADMINISTRATORS, LEGAL SUCCESSORS AND/OR ASSIGNS RELEASE AND AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS ALL SWEEPSTAKES ENTITIES AND PRIZE PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS, AND ASSIGNS (THE “RELEASED PARTIES”) FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, LOSSES AND CAUSES OF ACTION FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, ALL CONSEQUENTIAL, PUNITIVE, AND INCIDENTAL DAMAGES), LIABILITY, LOSS, COST, FEES (INCLUDING ATTORNEYS’ FEES), INCLUDING, WITHOUT LIMITATION, DAMAGE TO PERSON (INCLUDING DEATH) OR PERSONAL OR REAL PROPERTY, DUE, IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, BY REASON OF THE ACCEPTANCE, POSSESSION, REDEMPTION, MISDIRECTION, USE OR MISUSE OF ANY PRIZE OR ANY PORTION OF ANY PRIZE (INCLUDING ANY ACTIVITY OR TRAVEL RELATED THERETO) OR PARTICIPATION IN A SWEEPSTAKES AND THE ACTIVITIES OR FOR ANY AND ALL CLAIMS BASED ON RIGHTS OF PUBLICITY AND RIGHTS OF PRIVACY WHETHER ANY OF THESE THINGS ARE CAUSED, IN WHOLE OR IN PART, BY THE ACTS, OMISSIONS, NEGLIGENCE OR MISCONDUCT OF THE SPONSOR AND/OR ANY OTHER RELEASED PARTY.
14. GENERAL DISCLAIMERS: By participating in a Sweepstakes, Entrant (or if Entrant is a Minor then the parent or legal guardian of the Minor Entrant,) agrees to release, discharge, indemnify, and hold harmless the Released Parties from and against any and all claims, liability, costs (including attorneys’ fees), losses, damages, fines or injuries (up to and including bodily injury and death) of any kind arising out of or related to: (i) Entrant’s participation in the Sweepstakes; (ii) any acceptance, possession, misuse or use of any Prize (including, without limitation, losses, damages or injuries to Entrant’s or any other person’s equipment or other property, or to their persons, including those arising from any travel to/from and participation in any Prize event or activity); (iii) the Released Parties’ violation of rights of publicity or privacy, claims of defamation or portrayal in a false light or based on any claim of infringement of intellectual property; and (iv) any typographical, human or other error in the printing, offering, selection, operation or announcement of any Sweepstakes activity and/or Prize. Without limiting the generality of the foregoing, Entrant (or if Entrant is a Minor then the parent or legal guardian of the Minor Entrant), agrees that the Released Parties have neither made nor will be in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, in connection with any Sweepstakes and/or with respect to Prizes, including, without limitation, to any Prize’s quality or fitness for a particular purpose. Entrant (or if Entrant is a Minor then the parent or legal guardian of the Minor Entrant) agrees that the Released Parties shall have no responsibility or liability for discontinued or cancelled prizes; human error; incorrect or inaccurate transcription of registration and/or account information; any technical malfunctions of the telephone or data network, computer online system, computer dating mechanism, computer equipment, software, social media platform, or Internet service provider utilized by Sponsor; interruption or inability to access the website, application or any online service via the Internet due to hardware or software compatibility problems; any damage to Entrant’s (or any third person’s) computer or mobile device and/or its contents related to or resulting from any part of the Sweepstakes; any lost/delayed data transmissions, omissions, interruptions, viruses, bugs, defects; and/or any other errors or malfunctions, even if caused by the negligence of the Released Parties. The Released Parties are not responsible for any changes or unavailability of the wireless carrier, internet service provider, or the website(s) used for purposes of administering a Sweepstakes that may interfere with the Sweepstakes (including any limitations, any restrictions, or any conditions on Sponsor’s ability to use the website for the Sweepstakes as set forth herein that are not acceptable to Sponsor) or ability of Entrant to timely enter, receive notices, or communicate with Sponsor via the website, SMS text service, or email platform, in which case Sponsor, in its sole discretion, may terminate or modify the Sweepstakes.
The Sweepstakes Entities are not responsible for human errors or for any damaged, tampered with, delayed, illegible, incomplete, inaccurate, garbled, late, lost, forged, misaddressed, misdirected, mutilated, mass machine-generated, unintelligible, incomprehensible, stolen entries or entries otherwise not in compliance with the Official Rules and any additional or supplementary rules, terms, or conditions provided on the Sweepstakes Page. In addition, Sweepstakes Entities are not responsible for any typographical errors in the Official Rules, any additional or supplementary rules, terms, or conditions provided on the Sweepstakes Page, Sweepstakes content, any advertising materials for a Sweepstakes, or for any kind of computer, electronic, hardware, software, Internet, network, data, technical or telephone failures and/or problems caused by the Sponsor and/or the other Sweepstakes Entities or the user, or by any of the equipment or programming associated with or utilized in the Sweepstakes, or by any human, typographical, electronic, network or other error that may occur in receiving and/or processing of the entries in the Sweepstakes, or by infection by computer viruses, bugs, tampering, unauthorized intervention, fraud or technical failure.
If the Sweepstakes becomes compromised, hampered, interrupted, not capable of running as planned, rendered impossible of performance in any way, or prevented, including, without limitation, because of any kind of computer viruses, bugs, electronic, hardware, software, Internet, network, technical or telephone failures, tampering, unauthorized intervention, fraud, an event of force majeure, or any other cause created by Sponsor and/or the other Sweepstakes Entities, any user or Entrant or a third party, or by any of the equipment or programming associated with or utilized in the Sweepstakes, Sponsor reserves the right, at its sole discretion, to change the Official Rules and any additional or supplementary rules, terms, or conditions provided on the Sweepstakes Page, to cancel, modify, suspend, or withdraw the Sweepstakes or any Sweepstakes offer and/or cancel, modify, suspend, or withdraw any method of entry, without notice, and select Winners from all valid entries received for the Sweepstakes prior to or after the cancellation, modification, suspension or withdrawal (if any) or to otherwise award any Prize(s) as deemed fair and appropriate by Sponsor in its sole discretion. As used herein, an event of force majeure shall be deemed to include, without limitation, an act of God or public enemy; an act or threat of terrorism, war (declared or undeclared), riot or civil commotion, fire, flood, natural or man-made epidemic/pandemic of health or other means, earthquake, explosion, riot or civil disturbance, public health crisis (e.g. COVID-19, SARS, Ebola, Measles), casualties, satellite or equipment failure, boycott, labor dispute, strike or stoppage (including a strike by the members of any union), labor or material shortage, transportation interruption of any kind, an act, regulation, order, guidance, or request of or by any federal, state or local authority or quasi-governmental entity (whether or not the act, regulation, order, guidance, or request proves to be invalid); order or any court or jurisdiction; or any other cause not reasonably within Sponsor’s control.15. GENERAL CONDITIONS OF ENTRY: All Entrants (or if Entrant is a Minor then the parent or legal guardian of the Minor Entrant), as a condition of entry, agree that they have not been required to purchase any kind of Internet, wireless, or data service whatsoever in order to participate in and/or enter the Sweepstakes. The Sweepstakes Entities are not responsible for the actions of Entrants in connection with the Sweepstakes, including Entrants’ attempts to circumvent the Official Rules or any additional or supplementary rules, terms, or conditions provided on the Sweepstakes Page or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Sweepstakes. Persons found tampering with or abusing any aspect of a Sweepstakes, or whom Sponsor believes to be causing malfunction, error, disruption or damage may be disqualified. Additionally, any attempt to cheat the Sweepstakes, as determined in the sole and absolute discretion of Sponsor, may result in immediate disqualification of Entrant, as well as other possible consequences, including disqualification from any and all existing and future sweepstakes. ANY ATTEMPT BY A PERSON TO DAMAGE ANY WEBSITE (INCLUDING ANY EMAIL PLATFORM OR APPLICATION) OR UNDERMINE THE LEGITIMATE OPERATION OF A SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK ALL LEGAL AND EQUITABLE REMEDIES FROM AND AGAINST ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor reserves the right, in its sole and absolute discretion, to disqualify (or terminate the prize of) any individual who is found to be, or suspected of, acting in violation of the Official Rules or any additional or supplementary rules, terms, or conditions provided on the Sweepstakes Page, or to be acting in an unsportsmanlike, obscene, immoral, or disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person. Sponsor reserves the right, in their sole and absolute discretion, to disqualify any entrant, potential winner, or winner for any reason, including, but not limited to, a perceived or actual conflict of interest.
Entrant (or if Entrant is a Minor then the parent or legal guardian of the Minor Entrant) further understands and agrees that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release(s) are hereby expressly and forever waived. Entrant (or if Entrant is a Minor then the parent or legal guardian of the Minor Entrant) acknowledges that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN THEIR FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY THEM, WOULD HAVE MATERIALLY AFFECTED THEIR SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.
16. GOVERNING LAW: The parties agree that all Sweepstakes operated by Sponsor and the 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 California, without giving effect to any choice of law or conflict of laws rules (whether of the State of California or any other jurisdiction) which would cause the application of the laws of any jurisdiction other than the State of California.
17. DISPUTE RESOLUTION: Entrant, the parent or legal guardian if the Entrant is a Minor Entrant, Sponsor, and the other Released Parties (each, a “Party” and collectively the “Parties”) each agree to fully and finally settle all disputes pertaining to the Sweepstakes, administration of the Sweepstakes, and/or the Official Rules only through binding arbitration; provided, however, Sponsor shall be entitled to seek injunctive or equitable relief in the state and federal courts in Orange County, California and any other court with jurisdiction over the Parties. 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 herein, any claim, suit, action or proceeding arising out of or relating to this Sweepstakes 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 Orange County, California or – where required by the arbitration service’s rules – in or near the Entrant’s home town. The arbitrator shall apply California law consistent with the Federal Arbitration Act and applicable statues of limitations and shall honor claims of privilege recognized at law. The arbitrator shall provide a decision explaining their findings and conclusions, and the ruling may be entered in any court having jurisdiction thereof. 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 Orange County, California.
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.
The Parties will equally split the arbitrator’s fees and expenses, and each Party shall pay its costs and attorneys’ fees. If the claimant can 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. The arbitrator shall resolve any dispute regarding the reasonableness of any fee or cost that may be awarded under this paragraph.
To the extent permitted by law, the existence of the arbitration, the arbitration proceedings, and the outcome of the arbitration will be treated as confidential and will not be disclosed by either party. Entrant (or if Entrant is a minor, the Entrant’s parent or legal guardian) and Sponsor agree that an award, and any judgment confirming it, only applies to the arbitration in which it was awarded and cannot be used in any other proceeding except to enforce the award itself and any post-arbitration action seeking to enforce an arbitration award or action seeking equitable or injunctive relief shall be brought exclusively in the courts in Orange County, California, or the United States District Court for the Central District of California.
For any Claims brought by Entrant that are not subject to arbitration, Entrant (or if Entrant is a Minor, the Entrant’s parent or legal guardian) and Sponsor each: (i) submit that the exclusive jurisdiction and venue for any such proceeding will be the courts of competent jurisdiction sitting within Orange County, California (the “Venue”), (ii) waive any argument that any such court does not have personal jurisdiction or that the Venue is not appropriate or convenient; and (iii) waive any and all rights to trial by jury for any Claims.
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.
18. LIMITATION OF LIABILITY: BY ENTERING THE SWEEPSTAKES, ENTRANT (OR IF ENTRANT IS A MINOR THEIR PARENT OR LEGAL GUARDIAN) 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) TOTAL, REGARDLESS OF THE NUMBER OF SWEEPSTAKES ENTERED, BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (C) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT, OR THEIR PARENT OR LEGAL GUARDIAN, BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT (OR IF ENTRANT IS A MINOR THEIR PARENT OR LEGAL GUARDIAN) 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) TOTAL, REGARDLESS OF THE NUMBER OF SWEEPSTAKES ENTERED, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (D) ENTRANTS’ AND, IF APPLICABLE, ENTRANT’S PARENT OR LEGAL GUARDIAN, REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT (OR IF ENTRANT IS A MINOR THEIR PARENT OR LEGAL GUARDIAN) IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF, PROVIDED HOWEVER THAT NOTHING IN THE OFFICIAL RULES WILL RESTRICT A CALIFORNIA RESIDENT’S RIGHT (IF ANY) TO PURSUE PUBLIC INJUNCTIVE RELIEF AS PERMITTED BY LAW IN ACCORDANCE WITH THE DISPUTE-RESOLUTION PROVISION ABOVE.
21. TAXES: Any valuation of a prize stated on a Sweepstakes Page is based on available information provided to the Sponsor at the time of publication, and the final value of any prize awarded to a winner will be reported for tax purposes as required by law. Each winner, or if the winner is a Minor then the parent or legal guardian of such Minor, is solely responsible for reporting and paying any and all applicable taxes related to the prize and paying any expenses associated with any prize(s) which are not specifically provided for in the Official Rules or any additional or supplementary rules, terms, or conditions provided on the Sweepstakes Page. Each potential winner may be required to provide the Sponsor a completed IRS Form W-9, or IRS Form W8-BEN for non-US residents, with valid identification and, where required, a valid taxpayer identification number or social security number before any prize will be awarded. Any person winning six hundred dollars ($600.00) or more in prizes during a calendar year will receive the appropriate IRS form at the end of the calendar year and a copy of such form will be filed with the IRS.
22. WINNER LIST: For a list of winners associated with a specific Sweepstakes check the Sweepstakes Page or, for Social Media Promotions, visit our social media channel.
23. SPONSOR: SubK Shop, Inc. 1285 N Patt St, Anaheim, CA 92801 (“Sponsor”).
SubK Shop, SubK and their logos are trademarks of SubK Shop, Inc. All individuals, groups, companies, products, services, trademarks, service marks, logos, and any corresponding likeness, logos, and images reproduced as part of a Sweepstakes are used for identification purposes and are the property of their respective owners. All Rights Reserved. Sweepstakes are in no way sponsored, endorsed or administered by, or associated with any third-party not specifically designated by Sponsor. Information is being provided solely to Sponsor in accordance with the Official Rules. The mention of any individual, group, company, brand, or service, or the inclusion of a product or service as a Prize does not imply any association with or endorsement by such individual, group, company, brand, service, or the manufacturer or distributor of any product or service , and, except as otherwise indicated, no association or endorsement is intended or should be inferred. Unless stated otherwise, no Sweepstakes is sponsored, endorsed, or administered by, or associated with Google, Facebook, Instagram, Shopify, Twitter, or any other social media platform.
© 2021 SubK Shop, Inc. All rights reserved.