Official Rules – Decluttr Review Sweepstakes
NO PURCHASE OF ANY PRODUCT OR SERVICE IS REQUIRED TO PARTICIPATE OR WIN. PARTICIPATION IN THIS PROMOTIONAL SWEEPSTAKES IS FREE. PURCHASE OF THE SPONSOR’S PRODUCTS OR SERVICES WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED.
BY PARTICIPATING, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE SPONSOR FROM YOU AND LIMITATIONS OF YOUR RIGHTS AND REMEDIES.
1. SPONSOR: The Decluttr Review Sweepstakes (the “Sweepstakes”) is sponsored by Entertainment Magpie, Inc. (d/b/a Decluttr); 1039 Northpoint Parkway, Suite B, Acworth, Georgia 30102 (“Sponsor”).
2. ELIGIBILITY: The Sweepstakes is open to legal residents of the 50 U.S. states and the District of Columbia who are of legal age of majority in the jurisdiction in which they reside (and at least eighteen (18) years of age) at the time of entry. The Sweepstakes is void wherever prohibited or restricted by law. The Sweepstakes is subject to all applicable federal, state and local laws. Employees, officers, directors and agents of Sponsor and its affiliates, and the immediate families (parents, siblings, children and spouse) of, and persons living in the same household (whether related or not) with, such persons are not eligible to enter the Sweepstakes or win a Prize (as defined below). Winning and receiving any Prize (as defined below) is contingent upon fulfilling all requirements set forth in these Official Rules.
3. AGREEMENT TO OFFICIAL RULES: Participation in the Sweepstakes constitutes each entrant’s full and unconditional agreement to these Official Rules and the Sponsor’s decisions, which are final and binding in all matters related to the Sweepstakes. Winning the Sweepstakes and receiving any Prize is contingent upon fulfilling all requirements set forth in these Official Rules.
4. HOW TO ENTER: The Sweepstakes begins at 12:00:01 a.m. Atlanta, Georgia time (“AT”) on October 1, 2016 and ends at 11:59:59 p.m. AT on December 31, 2016 (the “Sweepstakes Period”), according to Sponsor’s time clock. There are two ways to enter the Sweepstakes:
a) Review Entry: Eligible individuals will receive one entry into the Sweepstakes by clicking on the link in a Sweepstakes email invitation or going to www.voxpopme.com and following the directions to record and submit a video review of Decluttr (“Review Entry”). Submission of erroneous or incomplete information will void the submitted Review Entry. All reviews should follow these guidelines: focus on the Decluttr’s features and provide details about why you liked or disliked the service. All submitted reviews are subject to Decluttr’s Terms and Conditions (available at http://www.decluttr.com/terms-conditions/ and incorporated herein by reference).
Your review must be your own original work. The Sponsor does not guarantee the posting of any review and reserves the right to reject any Review Entry and/or review, in its sole and absolute discretion, on the basis that a submitted Review Entry does not meet the above criteria or is otherwise offensive or inappropriate.
By submitting a Review Entry, you represent and warrant the following with respect to your Review Entry: (a) you are the sole and exclusive owner of the Review Entry and the contents and elements thereof; (b) the Review Entry is your own creation and is one hundred percent (100%) original; and (c) the Review Entry will not infringe on any rights of any third parties, including, without limitation, any intellectual property or privacy rights. By submitting your Review Entry, you also represent, warrant and agree that such Review Entry conforms to the Guidelines and Content Restrictions set forth in paragraph 5 below (collectively, the “Guidelines and Restrictions”) and that the Sponsor, in its sole discretion, may deem you or your Review Entry ineligible and disqualify you from the Sweepstakes if it believes that your Review Entry fails to conform to the Guidelines and Restrictions. The Sponsor also reserves the right not to post or to remove a review if the Sponsor, in its sole discretion, believes that your Review Entry fails to conform to the Guidelines and Restrictions.
By submitting a Review Entry, each entrant also grants to the Sponsor a royalty-free, irrevocable, perpetual, non-exclusive right and license to use, reproduce, copy, modify, publish, create derivative works from, distribute, perform, translate, adapt, edit (including for length), display and otherwise exploit such Entry (including, without limitation, any video review) in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media or technology now known or later developed, including for promotional or marketing purposes without additional compensation, notification, permission or approval. If requested, each entrant will sign any documentation that may be required for the Sponsor or its designees to make use of the non-exclusive rights entrant is granting to use such Entry.
b) Email Entry: Eligible individuals will receive one entry into the Sweepstakes by emailing Decluttr at [email protected] during the Sweepstakes Period with Review Sweepstakes included in the subject line and entrant’s full first and last name, telephone number and email address in the body of the email (“Email Entry” and together with Review Entry, each an “Entry” and collectively “Entries”). Any Email Entry received after the Sweepstakes Period will not be eligible. Any Email Entry that does not include the entrant’s full first and last name, telephone number and email address will not be eligible.
Only one Entry per eligible entrant is allowed. All Entries must be received during the Sweepstakes Period. Entries generated by script, macro or other automated means or that otherwise fail to comply with these Official Rules are void and will NOT be honored, acknowledged or returned. By entering, entrants agree to comply with these Official Rules, including all eligibility requirements. Sponsor reserves the right to verify the eligibility of all entrants. Illegible and/or incomplete Entries, and Entries submitted by entrants who do not meet the eligibility requirements (including all requirements with respect to age and residence) are void. Sponsor and its agents are not responsible for lost, late, stolen, damaged, incomplete, invalid, unintelligible, garbled, delayed or misdirected Entries, for technical failures of any kind, or any human error which may occur in the receipt or processing of Entries. Sponsor reserves the right to modify the scheduling of the Sweepstakes without prior notification. All Entries become the sole property of the Sponsor and will not be acknowledged or returned.
5. GUIDELINES AND CONTENT RESTRICTIONS:
a) The Review Entry must be an original work of authorship by the entrant and the entrant must own all right, title and interest in and to the Review Entry;
b) Only the entrant may be visible in any video review;
c) The Review Entry must not contain material that violates or infringes another’s rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright infringement;
d) The Entry must not contain brand names or trademarks other than those owned by the Sponsor, which entrant has a limited license to use to incorporate in his/her Review Entry;
e) The Entry must not contain images, footage or artwork not created by entrant;
f) The Entry must not contain material that is offensive, inappropriate, profane, lewd, indecent, obscene, hateful, tortious, defamatory, slanderous or libelous;
g) The Entry must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age;
h) The Entry must not contain advertisements, “spam” content, or references to other products, offers, or websites;
i) The Entry must not contain e-mail addresses, URLs, phone numbers, physical addresses or other forms of contact information;
j) The Entry must not contain critical or spiteful comments on other reviews posted or their authors; and
k) The Entry must not contain material that violates or is contrary to any applicable laws or regulations.
6. WINNER SELECTION AND NOTIFICATION: On or about January 3, 2017, Sponsor or its designee, the judge of the Sweepstakes, whose decisions are final and binding on all matters relating to the Sweepstakes, will randomly select one (1) potential winner from among all eligible Entries received. The potential Winners will be eligible to win a Prize, subject to verification of eligibility and compliance with these Official Rules. The potential winner will be notified (the “Prize Notification”) by electronic mail or telephone to confirm the Potential Winner’s full name and a mailing address (“Mailing Information”) and the Potential Winner must respond as instructed in the Prize Notification within seven (7) calendar days of the date of the Prize Notification (the “Deadline”) with Potential Winner’s Mailing Information. The potential winner’s Mailing Information must include a street address (i.e., not a P.O. Box). If Sponsor does not receive a potential winner’s response to the Prize Notification by the Deadline, such potential winner will be disqualified and an alternate potential winner will be selected from all remaining eligible Entries. Sponsor is not responsible for the failure for any reason whatsoever of any potential winner to receive their Prize Notification or for Sponsor to receive any potential winner’s response. The inability of Sponsor to contact a potential winner, the failure of a potential winner to contact Sponsor in a timely manner, the inability of a potential winner to accept or receive a Prize for any reason, the return of any Prize as undeliverable, and/or the non-acceptance by a potential winner of any Prize for any reason will result in disqualification of such potential winner, and alternate potential winners will be selected randomly from all remaining eligible Entries received. Only two (2) alternate potential winners may be determined, after which the applicable Prize will remain unawarded. The potential winner who complies with all of the foregoing requirements and ultimately receives a Prize is known as a “Winner”.
7. PRIZE CONDITIONS: The Winner will receive an iPad Air 2 (approximate retail value: $399). Selection and specifics of all Prizes will be determined at Sponsor’s sole discretion. All Prizes are subject to availability. Winners are not entitled to any surplus between the actual retail value of his/her Prize and its stated approximate retail value; and any difference between the stated approximate retail value and actual value of the Prize will not be awarded. No cash redemption or prize substitution allowed, except by the Sponsor, who reserves the right in its sole discretion to substitute cash value or another prize it believes is of equal or greater value. All prizes are non-transferable. Odds of winning a Prize depend on the number of eligible Entries received. All Prizes are awarded “AS IS” and WITHOUT WARRANTY OF ANY KIND, express or implied (including without limitation, any implied warranty of merchantability or fitness for a particular purpose). Acceptance, participation in and/or use of the Prizes are at the Winner’s sole risk and Sponsor is not responsible for damages whatsoever, including special, indirect, or consequential damages, arising out of or in connection with the use and/or misuse of any of the Prizes. Sponsor reserves the right to verify eligibility of all Winners. Prizes will be awarded by U.S. Mail, Federal Express, UPS and/or other shipping method, in Sponsor’s and/or the Prize supplier’s sole discretion, using the applicable Mailing Information of the Winner. Any gift cards awarded as prizes are subject to their issuer’s terms and conditions.
If any Winner is unable to accept a Prize or any portion of a Prize for any reason, Sponsor shall have no further obligation to such Winner.
8. TAXES AND COSTS RELATED TO THE PRIZES: All applicable taxes, tariffs and fees are the sole responsibility of the Winner. If required by Sponsor, each Winner must complete and return to Sponsor an IRS Form W-9. Each Winner may be issued a 1099 tax form for the approximate retail value of the Prize.
9. GENERAL CONDITIONS: By participating in the Sweepstakes and/or by accepting a Prize, participants: (a) agree to be bound by these Official Rules, the decisions of the Sponsor and/or its designees and (b) agree to release and hold harmless Sponsor and its affiliates, together with their respective employees, directors, officers, licensees, licensors, shareholders, members, managers, attorneys and agents including, without limitation, any person or entity associated with the production, judging or administration of the Sweepstakes (collectively, the “Released Parties”), from any and all claims, demands, damages, losses, liabilities, costs or expenses caused by, arising out of, in connection with, or related to their participation in the Sweepstakes and/or their use or misuse of any Prize. By accepting a Prize, each Winner consents to the use of his/her name and/or likeness (voice, biographical information, city and state of residence, statements (including, but not limited to, any statements on or in any Entry), photograph, and recordings) for advertising and promotional purposes (including, but not limited to, use on Sponsor’s web site without additional compensation, except where prohibited by law). Sponsor reserves the right to make changes or additions to these Official Rules and/or extend the dates of the Sweepstakes for any reason at any time. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
10. RELEASE. All decisions of Sponsor are final and binding; and entrants agree to waive any right to claim ambiguity in the Sweepstakes or these Official Rules, except where prohibited by law. By accepting a Prize, Winner agrees to release the Released Parties from any and all liability, loss or damage arising from or in connection with awarding, receipt and/or use or misuse of any Prize. Sponsor reserves the right to use the Sweepstakes for publicity purposes in any media and to use the name, likeness, video review and hometown name and/or Prize information of selected entrants as part of that publicity, without any compensation or prior review unless prohibited by law. The Sweepstakes is void outside the US and where prohibited or restricted by law, and subject to applicable federal, state, and local laws. Sponsor reserves the right to disqualify any entrant it finds to be tampering with the entry process or the operation of the Sweepstakes or violating these Official Rules. The Released Parties shall not be liable for: (a) late, lost, delayed, stolen, misdirected, postage due, incomplete, unreadable, inaccurate, garbled or unintelligible Entries or communications, regardless of the method of transmission; (b) telephone system, telephone or computer hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors; (c) data corruption, theft, destruction, unauthorized access to or alteration of Entry or other materials; (d) any injuries, losses or damages of any kind caused by the Prize or resulting from acceptance, possession or use of a Prize, or from participation in the Sweepstakes; or (e) any printing, typographical, administrative or technological errors in any materials associated with the Sweepstakes. Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend the Sweepstakes should any unauthorized intervention or other cause beyond Sponsor’s control corrupt the administration, security or proper play of the Sweepstakes. Sponsor may prohibit an entrant from participating in the Sweepstakes or winning a Prize if, in its sole discretion, it determines such entrant is attempting to undermine the legitimate operation of the Sweepstakes in any way by cheating, deception, or any other unfair playing practice that annoys, abuses, threatens or harasses any other entrants or representatives of Sponsor.
12. CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATIONS OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
13. DISPUTES: EACH ENTRANT AGREES THAT (A) ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR IN CONNECTION WITH THE SWEEPSTAKES, OR ANY PRIZES AWARDED, SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, AND ANY JUDICIAL PROCEEDING SHALL TAKE PLACE IN A FEDERAL OR STATE COURT IN ATLANTA, GEORGIA; (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, BUT IN NO EVENT ATTORNEYS’ FEES; AND (C) UNDER NO CIRCUMSTANCES WILL ENTRANT BE PERMITTED TO OBTAIN AWARDS FOR, AND ENTRANT HEREBY WAIVES ALL RIGHTS TO CLAIM, PUNITIVE, INCIDENTAL, AND CONSEQUENTIAL DAMAGES, AND ANY OTHER DAMAGES (OTHER THAN FOR ACTUAL OUT-OF-POCKET EXPENSES) AND ANY AND ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED. ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES, OR THE RIGHTS AND OBLIGATIONS OF ENTRANT AND THE SPONSOR IN CONNECTION WITH THE SWEEPSTAKES SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF GEORGIA, WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OR CONFLICT OF LAW RULES OR PROVISIONS (WHETHER OF THE STATE OF GEORGIA OR ANY OTHER JURISDICTION), THAT WOULD CAUSE THE APPLICATION OF THE LAWS OF ANY JURISDICTION OTHER THAN THOSE OF THE STATE OF GEORGIA.
14. WINNER’S LIST/OFFICIAL RULES: For a list of Winners or a copy of the Official Rules, please send a self-addressed stamped envelope to: Decluttr, Review Sweepstakes, 1039 Northpoint Parkway, Suite B, Acworth, Georgia 30102, to be received no later than the date that is 60 days after the end of the Sweepstakes Period. Winners’ lists will be sent once the Winner has been verified and the Prize has been awarded.
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