Social Media Sweepstakes Official Rules
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN
VOID WHERE PROHIBITED
These Social Media Sweepstakes Official Rules (the “Official Rules”) apply to all sweepstakes conducted by Early Warning Services, LLC (the “Company”) on social media platforms, including but not limited to platforms such as Instagram, Snapchat, Facebook, etc., (each, a “Social Platform”, collectively, “Social Platforms”). The Official Rules apply to sweepstakes offered by social media accounts owned and operated by the Company. Each individual sweepstakes will be announced in a post on one or more Social Platforms (“Sweepstakes Post”). Each Sweepstakes Post will include instructions on how to enter, the entry deadline, the prizes to be awarded, and any other eligibility requirements for that Sweepstakes Post. All information included in a specific Sweepstakes Post is incorporated herein by reference.
1. ELIGIBILITY: UNLESS OTHERWISE PROVIDED IN THE SWEEPSTAKES POST, OPEN ONLY TO LEGAL RESIDENTS OF THE FIFTY (50) UNITED STATES, AND THE DISTRICT OF COLUMBIA WHO ARE AT LEAST EIGHTEEN (18) YEARS OF AGE AT THE TIME OF THE SWEEPSTAKES ENTRY. VOID WHERE PROHIBITED. The following individuals are not eligible to enter or win a prize in the Sweepstakes Post: employees, contractors, directors, and officers of the Company, and the immediate family members (spouse, parent, child, sibling, grandparent, and spouse or "step" of each) and those living in the same household of each such person (those persons whether related or not who live in the same residence for at least three months during the twelve-month period preceding the start date of each sweepstakes). Individuals are only eligible to win one (1) prize per three (3) month period. By participating, entrants agree to be bound by these Official Rules and the decisions of the Company which are binding and final on matters relating to this sweepstakes. Sweepstakes is subject to all applicable federal, state, provincial and local laws.
2. TO ENTER: To enter, follow the directions provided in the Sweepstakes Post. To be eligible for a prize all directions listed in the Sweepstakes Post must be followed. Unless otherwise specified in the Sweepstakes Post, there is a limit of one (1) entry per person/social media account per sweepstakes. Entries received from any person or social media account for any sweepstakes in excess of the stated limitation will be void. You must have an account on the Social Platform on which the Sweepstakes Post was posted in order to be able to enter that sweepstakes. Sweepstakes will only be posted on Social Platforms that are free. If entry takes place on a Social Platform that allows for private accounts your account must be set to “public” to participate in the Sweepstakes Post solely so that we are able to notify you if you are a selected winner and so that we may confirm any directions to follow a Company social media account are completed if required by the directions of that sweepstakes. Entries generated by script, macro or other automated means or by any means which subvert the entry process are void.
3. WINNER SELECTION(S): Potential winner(s) will be selected by a random selector service within one (1) week following the end of the applicable sweepstakes period provided in the Sweepstakes Post from all eligible entries received for that sweepstakes. Odds of winning depend on the number of eligible entries received for the applicable sweepstakes. Each sweepstakes is separate and distinct. Non-winning entries from one sweepstakes will not be included in any winner selection for any other sweepstakes. Selected winner(s) will be notified through the Social Platform where the sweepstakes was conducted. Potential winners will have 24 hours to respond to initial notification. Potential winners may be required to execute and return an affidavit of eligibility, a publicity release (except where prohibited), and a liability release within ten (10) days of date of issuance where applicable to receive a prize. If such documents are not returned within the specified time period, or if a prize notification is returned as undeliverable, or a potential winner does not respond to the initial notification within the time period specified, or potential winner is not in compliance with these rules, the prize will be forfeited and at Company’s discretion an alternate winner may be selected for the sweepstakes. 4. PRIZE(S): The prize(s) and number of prize(s) to be awarded in the sweepstakes will be set forth in the Sweepstakes Post. Prizes are awarded “as is” with no warranty or guarantee, either express or implied. Prizes may not substituted, re-sold, assigned, transferred, or redeemed for cash, however Sponsor reserves the right, at its sole discretion, to substitute a prize (or portion thereof) with one of comparable or greater value. Winners are responsible for all applicable 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 in the Sweepstakes Post or herein.
5. PUBLICITY GRANT: Except for winners located in the state of Tennessee, each winner by acceptance of a prize, except where legally prohibited, grants permission for Company to use the winner’s name, Social Platform user name, geographical location provided by the Social Platform (city and state/province), photograph (including, without limitation Social Platform profile photo), voice and/or other likeness and prize information for advertising, trade and promotional purposes without further compensation, in all media now known or hereafter discovered, worldwide in perpetuity, without notice or review or approval. This publicity grant is limited to media related to the sweepstakes. In the state of Tennessee, each winner may be asked for consent but is not required to provide a publicity grant to be eligible for a prize.
6. GENERAL CONDITIONS/LIMITATIONS OF LIABILITY AND RELEASE: Released Parties (as defined below) are not responsible for lost, late, incomplete, inaccurate, stolen, misdirected, or undelivered entries or email; or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with any sweepstakes, including, without limitation, errors or difficulties which may occur in connection with the administration of a sweepstakes, the processing of entries, the announcement of the prize(s) or in any sweepstakes-related materials. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in a sweepstakes. Released Parties are not responsible for injury or damage to participants' or to any other person's computer related to or resulting from participating in a sweepstakes. Persons who tamper with or abuse any aspect of a sweepstakes or website or who are in violation of these Official Rules, as solely determined by the Company, will be disqualified and all associated entries will be void. The Company reserves the right at its sole discretion to suspend, modify or terminate a sweepstakes at any time and for any reason. Entrants, by participating, agree that Company and the Social Platform and all of their respective officers, directors, employees, representatives and agents (collectively, “Released Parties”) will have no liability whatsoever for, and shall be held harmless by entrants against, any liability, for any injuries, losses or damages of any kind, including injury or death, to persons, or property resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any prize or participation in any sweepstakes. In the event of a dispute regarding entries received from multiple users having the same Social Platform account, the authorized subscriber of the Social Platform account at the time of entry will be deemed to be the entrant and must comply with these rules. The authorized account subscriber is the natural person who is assigned the account by the applicable Social Platform.
7. BINDING ARBITRATION: These Official Rules, any sweepstakes and any cause of action arising from any sweepstakes shall be governed by and construed in accordance with the laws of the State of Arizona (exclusive of its choice of law provisions). Any controversy or claim arising out of or relating to these Official Rules or any sweepstakes shall be settled by final and binding arbitration in accordance with the rules of and shall be administered by the American Arbitration Association before a single arbitrator, with the proceedings to be held in Phoenix, Arizona, and, in the case of any appeal permitted under those rules, exclusive jurisdiction and venue will rest with the federal and state courts in the State of Arizona, County of Maricopa. Each party shall bear his/her own legal expenses in such arbitration.
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 THE SWEEPSTAKES IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.
BY PARTICIPATING IN A 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 ANY 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.
8. WINNERS' LIST: The Company may publish a list of the name(s) of the winner(s) for a specific sweepstakes or notify each selected winner pursuant to the terms of the Official Rules. A list of the winners for any sweepstakes is available upon request in writing directed to the Company
9. PRIVACY NOTICE: Selected winners are required to share their full name and contact information to facilitate distribution of the prize. Selected winner’s personal information will be used solely for the purpose of prize distribution and will not be sold or shared (except as needed to facilitate prize distribution.) Selected winner’s personal information will be retained for the sole purpose of documenting the winner of the sweepstakes. Any personal information collected through a Sweepstakes Post shall be used solely for the purpose of the sweepstakes and as described in these Official Rules.
Protecting the privacy of young children is especially important. Our sweepstakes are not directed to children under the age of 18, and we do not knowingly collect personal information from children under the age of 18 without obtaining parental consent. If we learn that personal information has been collected from persons under 18 years of age and without verifiable parental consent, then we will take the appropriate steps to delete this information. If you are a parent or guardian and discover that your child under 18 years of age has shared their personal information with the Company, then you may alert us at privacyoffice@earlywarning.com and request that we delete your child's personal information from our systems.
10. CONTACT INFORMATION: Questions about a specific sweepstakes post and inquiries related to the selected winners for sweepstakes may be directed to:
Early Warning Services
Social Media Sweepstakes Inquiry
5801 N Pima Rd
Scottsdale, Arizona 85250
Sweepstakes are not sponsored, endorsed or administered by any Social Platform including but not limited to Facebook, Snapchat or Instagram.