EVITE® IRL 10.05.18 SWEEPSTAKES OFFICIAL SWEEPSTAKES RULES
SPONSOR: Evite, Inc. (hereafter, “Sponsor”).
NO PURCHASE NECESSARY. A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING. Sweepstakes begins on 10/05/2018 at 10:00:00 AM Pacific Time (“PT”) and ends on 10/07/2018 at 11:59:59 PM PT. Open to legal residents of the fifty (50) United States and the District of Columbia who have reached the age of majority in their state of residence (18 but 19 in Alabama and Nebraska and 21 in Mississippi). Void where prohibited.
ELIGIBILITY: The “Evite IRL 10.05.18 Sweepstakes” (the “Sweepstakes”) is open to legal residents of the fifty (50) United States and the District of Columbia who have reached the age of majority in their state of residence (18 but 19 in Alabama and Nebraska and 21 in Mississippi) are at least eighteen (18) years of age at the time entry. Void outside the United States, the District of Columbia, and where prohibited and restricted by law. Employees, officers, and directors of Evite, Inc. (“Sponsor”) and each of their respective parents, subsidiaries, affiliates, divisions, advertising and promotion and/or fulfillment agencies (such entities collectively, the “Related Entities”) and the immediate families (spouse and parents, step parents, children, step children, siblings, grandparents and their respective spouses, regardless of where they reside) and/or those living in the same household of any such individual, whether or not related, are not eligible to enter or win. Participation constitutes entrant’s full and unconditional agreement to be bound by these Official Rules and Sponsor’s decisions and interpretations of these Official Rules, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon accepting all terms and fulfilling all requirements set forth herein. SWEEPSTAKES IS SUBJECT TO ALL APPLICABLE FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS.
PROMOTION PERIOD: The Sweepstakes begins on 10/05/2018 at 10:00:00 AM PT and ends on 10/07/2018 at 11:59:59 PM PT (the “Promotion Period”). Sponsor shall be the official time-keeper for the Sweepstakes, and Sponsor’s computer shall be the official time-keeping device.
PRIZES: Two (2) Prizes will be awarded. Sponsor will select two (2) Prize winners in a random drawing on or about October 8, 2018 from among all eligible Entries received. Prizes are awarded at random. Limit one (1) Prize per household. Odds of winning a Prize depend upon the number of eligible Entries received. All Random Drawings will be conducted by the Sponsor whose decisions are final and binding in all matters relating to the Sweepstakes.
NOTIFICATION OF WINNERS/RELEASES: Potential Prize winner will be notified via replying to their comment on Facebook. If a potential Prize winner cannot be reached via replying to the Facebook comment submitted at the time of Entry within twenty-four (24) hours of first notification attempt, the potential Prize winner will be
disqualified. Potential Prize winner may be required to sign and have notarized an Affidavit of Eligibility/Prize Acceptance/Liability and, where permitted, a Publicity Release and submit to Sponsor within three (3) business days of notification in order to claim a prize. Prize winner may be required to supply Sponsor with his/her social security number for tax purposes. When such documentation is properly executed and returned within the specified time period, and potential Prize winner is otherwise in compliance with the Official Rules, potential Prize winner will be confirmed as a Sweepstakes winner. A potential Prize winner may be disqualified under any the following circumstances; i) if he/she cannot be reached by the Sponsor within the specified time period; ii) if the Prize notification or e-mail correspondence is returned as undeliverable; iii) if he/she is found to be ineligible or declines to accept any potential Prize; and/or iv) if he/she cannot or does not comply with these Official Rules. In the event a potential Prize winner is disqualified for any reason, Sponsor may award that Prize to an alternate potential Prize winner in a random drawing from among all remaining eligible Entries received during the Promotion Period, time permitting and at Sponsor’s sole discretion.
PRIZES AND THEIR APPROXIMATE RETAIL VALUE (“ARV”): TWO (2) PRIZES: Prize consists of two (2) $50 Amazon Gift Cards (ARV $50). Total ARV of all prizes: $100. Any and all guarantees and warranties for merchandise prizes are subject to the manufacturer’s and/or service providers terms and conditions, and winners agree to look solely to such manufacturers and/or service providers for any warranty or guarantee claim. All federal, state and local taxes and other costs and expenses associated with the acceptance and use of the prize not expressly stated herein including, but not limited to, ground transportation, food, beverages, souvenirs, gratuities, airline luggage charges, incidentals, upgrades, insurance, service charges and other miscellaneous travel expenses are the responsibility of the individual prize winners. All costs and expenses not specified herein, related to any merchandise prize, including but not limited to delivery, service activation fees, and other expenses incurred by accepting the merchandise prize are the sole responsibility of the prize winners. Prizes are non-transferable and no substitutions or cash equivalent is allowed except in Sponsor’s sole discretion. All federal and applicable state and local taxes (if any) on the prizes are the sole responsibility of the individual prize winners. The ARV of the prizes set forth above represents Sponsor’s good faith determination of the retail value thereof, and the actual fair market value, as ultimately determined by Sponsor, is final and cannot be challenged or appealed. In the event the stated ARV of a prize is more than the actual fair market value of such prize, the difference will not be awarded in cash or otherwise. The specifics of all elements of the Prizes stated herein shall be solely determined by Sponsor. Prizes may not be substituted except that Sponsor may substitute a prize, or portion thereof, with a prize of comparable or greater value in Sponsor’s sole and absolute discretion. Prizes are awarded and provided “as is” with no warranty or guarantee either express or implied by Sponsor or Prize Provider. Neither the Sponsor nor the Prize Provider have made, and will not be 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.
WAIVER OF LIABILITY AND RELEASE: By participating in the Sweepstakes and submitting an Entry, each entrant waives, discharges and fully releases Sponsor, Prize Provider, the Related Entities and its subsidiaries and affiliated companies, and any other companies associated with the Sweepstakes, and all of their respective officers, directors, employees, agents and representatives, from any and all liability, injury, damage or loss that may occur, directly or indirectly, in whole or in part, from or in connection with participation in the Sweepstakes or from the receipt or use of any prize or from any activity related to the receipt or use of any prize. By receipt of a prize, each prize winner agrees to release and hold harmless the Sponsor, Prize Provider and the Related Entities from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Sweepstakes or receipt or use or misuse of such prize.
PUBLICITY: Except where prohibited, each prize winner, by acceptance of a prize, grants to the Sponsor and the Related Entities the right to publicize the prize winner’s name (first name and last initial), social media handle(s), address (city and state of residence), photograph, voice, statements and/or other likeness/persona and prize information in any and all media now known or hereafter devised, for commercial and non-commercial advertising, trade and other purposes, throughout the world, in perpetuity, in any manner, without limitation and without additional compensation, consideration, notification or permission, unless prohibited by law.
LIMITATIONS OF LIABILITY: Neither the Sponsor nor Prize Provider is responsible for stolen, late, incomplete, inaccurate, stolen, misdirected, lost, damaged, garbled, delayed, incomplete, or garbled Entries, messages or e-mail; for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), application, 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 problems of any kind whether human, mechanical, electronic, network, computer, typographical, printing or otherwise relating to or in connection with the Sweepstakes, including, without limitation, errors or difficulties which may occur in connection with the administration of the Sweepstakes, the processing of Entries, the announcement of prizes, functionality of the application or in any Sweepstakes-related materials. The Sponsor is also not responsible for any incorrect or inaccurate information, whether caused by entrant, tampering, hacking, or by any applications, equipment or programming associated with or utilized in the Sweepstakes. Use of robotic, automatic, or macro devices is not valid for Entry. Any Entry that is submitted with the use of a robotic, automated or macro device will be void. The Sponsor, Prize Provider and Related Entities are not responsible for any injury 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 or use or misuse of any prize. If, for any reason, an entrant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Sweepstakes, if it is possible. The Sponsor and Prize Provider are not responsible for injury or damage to entrant’s or to any other person’s mobile device related to or resulting from participating in this Sweepstakes or downloading materials from or use of any application. Persons who tamper with or abuse any aspect of the Sweepstakes or any application or attempt to undermine the legitimate operation of the Sweepstakes by cheating, deception or other unfair playing practices, or intend to annoy, abuse, threaten or harass any other entrant or any representative of Sponsor and/or the Related Entities, or who are in violation of these Official Rules, as solely determined by Sponsor, will be disqualified and all associated Entries will be void. Any attempt to deliberately damage the content or operation of this Sweepstakes is unlawful and subject to legal action by the Sponsor and/or Prize Provider, and their respective agents. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Sponsor shall have the sole right to disqualify any entrant for violation of these Official Rules or any applicable laws relating to the Sweepstakes and to resolve all disputes in its sole discretion.
GENERAL CONDITIONS: Sponsor reserves the right, in its sole discretion, to cancel, suspend and/or modify the Sweepstakes (or any portion thereof) should virus, bugs, fraud, unauthorized human intervention, or other causes corrupt administration, security, fairness, integrity or proper operation of the Sweepstakes (or any portion thereof). In the event of cancellation, Sponsor may elect to identify winners and award prizes by way of random drawing from among all non-suspect, eligible Entries received up to the time of such cancellation. In the event of a dispute as to the identity or eligibility of any Entry based on an e-mail address, the Entry will be declared made by the Authorized Account Holder of the e-mail address submitted at time of Entry. “Authorized Account Holder” is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization (e.g., business, education institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.
CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE THE APPLICATION OR UNDERMINE THE CONTENT OR LEGITIMATE OPERATION OF THIS SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR WILL DISQUALIFY ANY SUCH ENTRANT AND RESERVE THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) AND OTHER REMEDIES FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT PERMITTED BY LAW.
SUSPENSION / MODIFICATION / TERMINATION: In the event Sponsor is prevented from continuing with the Sweepstakes by any event beyond its control, including, but not limited to, fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, communications or equipment failure, utility or service interruptions, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared), interference with the Sweepstakes by any party, or any federal state or local government law, order, or regulation, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a
“Force Majeure” event or occurrence) Sponsor shall have the right to modify, suspend or terminate the Sweepstakes or prizes. Sponsor additionally reserves the right, in its sole and absolute discretion: (1) to modify, suspend or terminate the Sweepstakes should causes beyond Sponsor’s control corrupt or interfere with the administration, integrity, operation, security or proper play of the Sweepstakes; or (2) to disqualify any entrant found to be, or suspected of: (a) tampering with the entry process or the operation of the Sweepstakes; (b) acting in violation of these Official Rules; or (c) acting in an un-sportsmanlike manner.
DISPUTES: By entering the Sweepstakes, each entrant agrees that (a) any and all disputes, claims, and causes of action arising out of or connected with the Sweepstakes, or any prizes awarded, shall be resolved individually, without resort to any form of class action; and (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes, and in no event will entrant be entitled to receive attorneys’ fees or other legal costs; and (c) under no circumstances will any entrant be permitted to obtain any award for, and entrant hereby waives all rights to claim punitive, special, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than for actual out-of-pocket expenses. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrants and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with the laws of the State of California without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of the laws of any other jurisdiction. ALL CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS SWEEPSTAKES, OR ANY PRIZE AWARDED, SHALL BE RESOLVED INDIVIDUALLY — WITHOUT RESORT TO ANY FORM OF CLASS ACTION — BY BINDING ARBITRATION (BY A SINGLE NEUTRAL ARBITRATOR SELECTED BY SPONSOR IN ITS SOLE AND ABSOLUTE DISCRETION) IN ACCORDANCE WITH THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION; AND ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED, BUT IN NO EVENT SHALL SUCH CLAIMS, JUDGMENTS OR AWARDS INCLUDE ATTORNEYS’ FEES.
The invalidity or unenforceability of any provision of these Official Rules 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 rules shall otherwise remain in effect and be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
WINNERS LIST/OFFICIAL RULES: To obtain a list of prize winners (available after 11/15/2018), or a copy of these Official Rules, send a self-addressed, stamped #10 envelope to: Evite® IRL 10.05.18 Sweepstakes, 600 Wilshire Blvd., Suite 400, Los Angeles, CA 90017. Please specify “Winners List” OR “Official Rules” on the outer envelope. Vermont residents may omit return postage. All requests must be received by 1/31/2019.
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