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OPEN ONLY TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND DISTRICT OF COLUMBIA WHO ARE AT LEAST 18 YEARS OLD AS OF THE DATE OF ENTRY
By entering this Giveaway, entrants accept and agree to be bound by these Official Rules. Any violation of these rules may, at Sponsor’s discretion, result in disqualification. All decisions of the judges regarding this Giveaway are final and binding in all respects.
1. Giveaway PERIOD. The giveaway begins 9:00 AM (CST) 07/21/22 and ends 5:00 PM (CST) 08/31/22. Online entries must be received by the end of the Giveaway Period.
2. ELIGIBILITY. This Giveaways (the “Giveaway”) is only open to legal residents of the 50 United States and District of Columbia who are at least 18 years old as of the date of entry, except officers, directors, members, and employees of the Sponsor, Administrator, or any other party associated with the development or administration of this Giveaway, and the immediate family (i.e., parents, children, siblings, spouse), and persons residing in the same household, as such individuals. This Giveaway is void outside the 50 United States and the District of Columbia, and where prohibited.
WINNER SELECTION AND NOTIFICATION. Winner selection will be conducted by random drawing from all eligible entries on or about 09/06/22 (the “Drawing Date”). Any potential winner will be notified by email. If a potential winner: (i) cannot be contacted; (ii) does not respond within five (5) days from the date the Sponsor first tries to notify him/her; (iii) fails to return the Affidavit and Release as specified in Rule 9; (iv) refuses the prize; and/or (v) the prize or prize notification is returned as undeliverable, such potential winner forfeits all rights to win the Giveaway or receive the prize, and an alternate potential winner may be selected. Upon contacting a potential winner and determining that he/she has met all eligibility requirements of the Giveaway, including without limitation the execution of required waivers, publicity, and liability releases and disclaimers, and, at Sponsor’s discretion, successful completion of a background check, such individual will be declared the “winner” of the Giveaway.
PRIZE DESCRIPTION. There will be eleven (11) winners. The prizes are one (1) $200 AMEX Gift Card and ten (10) $20 AMEX Gift Cards (may be subject to certain restrictions including expiration date).
6. TAXES. All federal, state and/or local income and other taxes, if any, are the winner’s sole responsibility.
7. ODDS OF WINNING. The odds of winning this Giveaway depend on the number of eligible entries received.
8. NO PRIZE TRANSFER OR SUBSTITUTION. No prize or any portion thereof is transferable or redeemable for cash. Any portion of the prize that is not used is forfeited. No substitutions for prize except by Sponsor, in which case a prize of equal or greater value will be substituted.
9. CONSENT AND RELEASE. By entering the Giveaway, each entrant releases and discharges the Sponsor, Administrator, and any other party associated with the development or administration of this Giveaway, their parent, subsidiary, and affiliated entities, and each of their respective officers, directors, members, shareholders, employees, independent contractors, agents, representatives, successors and assigns (collectively, “Sponsor Entities”), from any and all liability whatsoever in connection with this Giveaway, including without limitation legal claims, costs, injuries, losses or damages, demands or actions of any kind (including without limitation personal injuries, death, damage to, loss or destruction or property, rights of publicity or privacy, defamation, or portrayal in a false light) (collectively, “Claims”). Except where prohibited: (i) entry into the Giveaway constitutes the consent of each entrant, without further compensation, to use his/her name, likeness, biographical data, and contact information for editorial, advertising, marketing, publicity, and administrative purposes by the Sponsor and/or others authorized by the Sponsor; (ii) acceptance of a prize constitutes a release by any winner of the Sponsor Entities of any and all Claims in connection with the administration of this Giveaway and the use, misuse, or possession of any prize; and (iii) any potential winner may be required to sign an affidavit of eligibility (including social security number) and a liability/publicity release. Affidavits and releases must be returned within five (5) days from the date that Sponsor first tries to notify the potential winner. Sponsor may conduct a background check to confirm any potential winner’s eligibility and compliance with these rules. By entering, you agree to cooperate reasonably with any such background check. If the prize includes participation in any public event(s) or publicity, or if Sponsor Entities intend to publicize the winner in any way, and if a background check reveals that a potential winner has engaged in conduct that could damage the reputation or business of any Sponsor Entity, as determined by Sponsor in its sole discretion, the potential winner may be disqualified and the prize may be awarded to an alternate winner. If winner is deemed to be a minor under the jurisdiction of his/her residence, the prize will be awarded in the name of his/her parent or legal guardian who must execute any necessary affidavit and release.
10. DISCLAIMERS. (i) Sponsor not responsible for entries that are postage-due, lost, late, misdirected, incorrect, garbled, or incompletely received, for any reason, including by reason of hardware, software, browser, or network failure, malfunction, congestion, or incompatibility at Sponsor’s or Administrator’s servers or elsewhere. In the event of a dispute, entries will be deemed submitted by the authorized account holder of the e-mail address submitted at the 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, educational institute) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. (ii) Sponsor and Administrator, in their sole discretion, reserve the right to disqualify any person tampering with the entry process or the operation of the website or otherwise attempting to undermine the legitimate operation of the Giveaway. Use of bots or other automated processes to enter is prohibited and may result in disqualification at the sole discretion of the Sponsor or Administrator. (iii) Sponsor and Administrator further reserve the right to cancel, terminate or modify the Giveaway if it is not capable of completion as planned, including by reason of infection by computer virus, bugs, tampering, unauthorized intervention, force majeure, or technical failures of any sort. (iv) Sponsor Entities are not responsible for errors in the administration or fulfillment of this Giveaway, including without limitation mechanical, human, printing, distribution, or production errors, and may modify or cancel this Giveaway based upon such error at its sole discretion without liability. In no event will Sponsor be responsible for awarding more than the number of prizes specified in these rules. (v) In the event this Giveaway is canceled or terminated, pursuant to subparagraph (iii) or (iv), Sponsor, in its sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. (vi) SPONSOR ENTITIES MAKE NO WARRANTIES, REPRESENTATIONS OR GUARANTEES, EXPRESS OR IMPLIED, IN FACT, OR IN LAW, AS REGARDS THIS Giveaway OR THE MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY PRIZE OR ANY COMPONENT OF ANY PRIZE. (vii) CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS Giveaway MAY BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING WITHOUT LIMITATION ATTORNEYS’ FEES) FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION. (viii) The value(s) of the prize(s) set forth above represent Sponsor’s good faith determination of the approximate retail value(s) thereof; the actual fair market value(s) as ultimately determined by Sponsor are final and binding and cannot be challenged or appealed. In the event the stated approximate retail value(s) of a prize is more than the actual fair market value of that prize, the difference will not be awarded in cash or otherwise. No substitution or compensation will be given for any portion of the prize that is not used.
11. APPLICABLE LAWS AND JURISDICTION. This Giveaway is subject to all applicable federal, state, and local laws and regulations. Issues concerning the construction, validity, interpretation and enforceability of these Official Rules shall be governed by the laws of the State of New York, without regard to any principles of conflict of laws. All disputes arising out of or connected with this Giveaway will be resolved individually, and without resort to a class action, exclusively by a state or federal court located in New York, New York. Should there be a conflict between the laws of the State of New York and any other laws, the conflict will be resolved in favor of the laws of the State of New York. To the extent permitted by applicable law, all judgments or awards shall be limited to actual out-of-pocket damages (excluding attorneys’ fees) associated with participation in this Giveaway and shall not include any indirect, punitive, incidental and/or consequential damages.
12. WINNER LIST. The winner will be announced on relevant social media platforms of the Sponsor.
13. SPONSORSHIP. This Giveaway is sponsored by Formaspace LP, 1100 E. Howard ln., #400, Austin, TX 78753 (the “Sponsor”).
14. ADMINISTRATION. This Giveaway is administered by Formaspace LP, 1100 E. Howard ln., #400, Austin, TX 78753 (the “Administrator”).