SquareTrade’s Phone Karma Sweepstakes
(the “Official Rules”)
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN.
A PURCHASE OR PAYMENT WILL NOT IMPROVE YOUR CHANCES OF WINNING.
VOID WHERE PROHIBITED BY LAW.
- 1. DESCRIPTION: The Phone Karma Sweepstakes (the “Sweepstakes“) is sponsored by SquareTrade, Inc. (“Sponsor”). The Sweepstakes begins on September 21, 2015, at 9:00 AM Pacific Time (PT) and ends September 25, 2015, at 11:59 PM PT (the “Entry Period“). The Sweepstakes is void where prohibited or restricted by law, is subject to applicable federal, state, and local statutes, rules, regulations, and other laws (each a “Law”), and is governed by these Official Rules.
Entry in the Sweepstakes does not constitute entry into any other promotion, sweepstakes, or contest. The distribution of the prize(s) will be at the sole determination of the Sponsor to the individual(s) deemed the winner(s) of the Sweepstakes by the Sponsor in accordance with these Official Rules.
3. ELIGIBILITY: The Sweepstakes is open to natural persons who are legal residents of the fifty (50) United States and the District of Columbia and who are, at the time of entry, age 13 years or older. Youth under the age of majority in their state must have permission from their parent or legal guardian to participate in the Sweepstakes. Sponsor, its affiliated organizations, advertising and promotion agencies, the prize providers, any other company or organization involved with the design, sponsorship, or operation of the Sweepstakes, and each of their respective officers, directors, employees, and agents (collectively, the “ Sponsor Parties“), and immediate family and household members of such individuals, are NOT eligible to enter the Sweepstakes. “Immediate family members” shall mean a person’s spouse and a person’s and their spouse’s parents, step-parents, legal guardians, children, step-children, siblings, and step-siblings, and each of their respective spouses. “Household members” shall mean those people who share the same residence, whether or not related.
4. HOW TO ENTER: No purchase or contribution to Sponsor is necessary to enter the Sweepstakes, though you must have a Twitter account. Creating a Twitter account is free, but is subject to Twitter’s terms and conditions. A complete entry consists of: a tweet via Twitter that tags a person who you wish to nominate to receive a new phone, includes the hashtags #SquareTradePhoneKarma and #Sweepstakes, and tags @SquareTrade. Your tweets must be viewable by Sponsor in order to receive a Sweepstakes entry. This may require you to change your account settings so that your tweets are “unprotected” and/or “public.” All entries must be received by the end of the Entry Period. Entries will not be acknowledged or answered. Incomplete, unreadable, late, or unintelligible entries are void and will be disqualified. Limit of one (1) entry person per day. In case of multiple entries per day received from any person or Twitter account, only the first entry received from such person or Twitter account will be considered. In the event of a dispute as to the identity or eligibility of an entrant, the entry will be deemed to be made by the “Authorized Account Holder” of the Twitter account used at the time of entry provided he/she is eligible according to these Official Rules. The “Authorized Account Holder” is defined as the natural person to whom the Twitter Account has been assigned. Use of any automated system to participate in the Sweepstakes is prohibited and will result in disqualification of all associated entries. An entrant may not use multiple Twitter accounts to enter, and if an entrant does so, all of such entrant’s entries may be disqualified. Multiple entrants are not permitted to share the same Twitter account.
5. WINNER DETERMINATION; ODDS OF WINNING: There will be 3 winners (each, a “Winner”) of the Sweepstakes that will be selected in the following manner. After 100 entrants have entered the Sweepstakes, Sponsor will randomly select a Winner from the pool of 100 entrants. After 500 total entrants other than the previous Winner (who will no longer be eligible) have entered the Sweepstakes, Sponsor will randomly select another Winner from the pool of 500 entrants. After 1,000 total entrants other than the previous Winners (who will no longer be eligible) have entered the Sweepstakes, Sponsor will randomly select another Winner from the pool of 1,000 entrants. If, by the conclusion of the Entry Period, there are insufficient entrants to hold any of the three selections described above, Sponsor will randomly select Winners for the remaining prizes from the pool of all entrants (any previous Winners will no longer be eligible) at the conclusion of the Entry Period. All selections will occur at Sponsor’s offices at 360 3rd Street, 6th Floor, San Francisco, CA 94107. Each Winner will be awarded only the prize for which that Winner was randomly selected, as described below. The odds of winning each prize depend on the number of entrants at each selection of the Sweepstakes, as specified above.
6. PRIZE: The total estimated retail value of all of the prizes to be awarded in the Sweepstakes is $1,947. The prize(s) are as follows:
THREE FIRST PRIZES: Each of the 3 Winners will be awarded an unlocked iPhone 6S, 16GB, in space grey (or if not available, an alternate color). The estimated retail value of each prize is $649.
Because the prizes are mobile phones, the use of any prize may require each Winner to purchase a voice and/or data plan, the cost of which will not be reimbursed by Sponsor. Sponsor is not responsible for the terms and conditions of any such plan. If a Winner does not comply with all of those terms and conditions, or if a Winner does not have access to a voice and/or data plan, such Winner may not be able to obtain the maximum value, or any value, from his or her prize.
- 7. GENERAL PRIZE CONDITIONS: All details and other restrictions of the prize(s) not specified in these Official Rules will be determined by the Sponsor in its sole discretion. No prize is exchangeable, redeemable for cash, assignable, or otherwise transferable, except at Sponsor’s sole and absolute discretion. Sponsor reserves the right to substitute for any prize one or more items or services of equal or greater value. Prizes are subject to availability. The value of each prize may be taxable to each Winner as income. If required, an IRS Form 1099 will be issued by SquareTrade in the name of each Winner for the value of the prize(s) received. Each Winner shall be solely responsible for all federal, state, provincial and/or local taxes (including income and withholding taxes), and the reporting consequences thereof, for any other fees or costs associated with the applicable prize(s), and for any other liabilities incurred in connection with any prize.
- 8. WINNER NOTIFICATION AND PRIZE CLAIM: Within five (5) working days after the drawing, each Winner will be notified via Twitter direct message (a “Prize Notification”), sent to the Twitter account used by the Winner in the winning entry. Sponsor shall have no liability for any Prize Notification that is lost, intercepted, or not received by the potential winner for any reason. In order to claim a prize, each Winner may be required to verify for Sponsor his or her permanent address and social security number, for purposes of compliance with tax regulations. Upon Sponsor’s request, each Winner must also execute and return, where legally permissible, a declaration of eligibility, a liability release, and/or a publicity release. If a potential winner does not respond within forty-eight (48) hours of the Prize Notification (or a shorter time if required by exigencies), if the prize(s) or Prize Notification is returned as unclaimed or undeliverable to such potential winner, if a potential winner fails to comply with any of the verification or release requirements identified in this Section within ten (10) days of request, or if the potential winner is found to be ineligible, has not complied with these Official Rules, or declines the prize(s) for any reason prior to award such potential winner will be disqualified and forfeit his or her prize, and an alternate Winner may be selected by the Sponsor from the pool of remaining entrants. Sponsor may successively attempt to contact up to five (5) potential winners in accordance with such procedure, and if there is still no confirmed winner of a prize after such attempts have been made, Sponsor may announce an alternate means for awarding that prize.
- 10. LICENSE GRANT: Any data, information, or other content included in entries must not infringe the intellectual property, industrial property, privacy, publicity, or other rights of any third party, and must be suitable for publication to a general audience (i.e. it may not be obscene, indecent , defamatory, hateful, or inappropriate, as determined in Sponsor’s sole discretion). By submitting an entry, each entrant irrevocably grants Sponsor and its designees the unconditional, irrevocable, and perpetual right and permission, royalty-free, to use any data, information, images, content, or materials included in such entry, in any media now known or hereafter devised, throughout the world for any purpose. Sponsor is not obligated to use any of the above mentioned data, information, images, content, or materials, but may do so and may edit them in Sponsor’s sole discretion, without further obligation or compensation. Each entrant waives all intellectual property rights, privacy/publicity rights or other legal or moral rights that might preclude the Sponsor’s use of the entry or exercise of any rights granted to Sponsor, and agrees not to sue or assert any claim against the Sponsor Parties with respect to such use.
- 11. RELEASE OF LIABILITY: By entering the Sweepstakes, each entrant agrees that neither the Sponsor Parties, nor any advertising or social media platform on which the Sweepstakes is advertised or through which it is accessed (including without limitation Facebook or Twitter), shall be responsible for and, to the maximum extent permitted by Law, releases and holds harmless the Sponsor Parties and each such advertising or social media platform from and against, any and all claims, injuries, damages, liabilities, costs, expenses, or losses of any kind (including, but not limited to, personal injury, death, or damage to or loss of property) that may occur, directly or indirectly, in whole or in part, from (i) participation in the Sweepstakes; (ii) any violation by such entrant of these Official Rules, the Policies, or applicable Law; (iii) the acceptance, receipt, possession and/or use or misuse of any prize (or any portion of any prize); (iv) any incorrect, incomplete, garbled, or inaccurate information, or any failure to capture any information, whether caused by entrant, printing errors, human error, or by any of the equipment or programming associated with or utilized in the Sweepstakes, (v) any damage to an entrant’s equipment (such as a computer system or mobile device) which is occasioned by accessing the Sweepstakes Site or participating in the Sweepstakes, (vi) miscommunications, or any failed, jumbled, delayed, or misdirected computer, telephone, cable, or other transmissions, including without limitation tweets; (vii) for any technical malfunctions, failures, delays, difficulties, or other errors of any kind or nature; (viii) any entry, email, prize package, or other material or correspondence that has been tampered with or that is stolen, misdirected, incomplete, lost, late, non-conforming, ineligible, or damaged; (ix) any failure of any postal or delivery service; or (x) any events beyond Sponsor’s reasonable control.
- 12. LIMITATION OF LIABILITY: NEITHER SPONSOR NOR ANY OTHER SPONSOR PARTY, SHALL BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE SWEEPSTAKES, ANY PRIZE, OR THESE OFFICIAL RULES, HOWSOEVER CAUSED, WHETHER ARISING IN TORT, CONTRACT, STRICT LIABILITY, OR OTHER LEGAL THEORY, AND REGARDLESS OF WHETHER SUCH SPONSOR PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ALL SUCH DAMAGES ARE HEREBY DISCLAIMED AND EXCLUDED. ALL PRIZES ARE GIVEN AWAY “AS IS.” THE SPONSOR PARTIES DO NOT MAKE AND HEREBY DISCLAIM ANY WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY (INCLUDING WITHOUT LIMITATION ANY IMPLIED OR STATUTORY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT) WITH REGARD TO THE SWEEPSTAKES OR ANY PRIZE.
- 13. DISQUALIFICATION: Sponsor reserves the right in its sole discretion to disqualify any entrant who Sponsor finds, in its sole discretion: to be tampering with the participation process or the operation of the Sweepstakes or the Sweepstakes Site; to be disparaging of Sponsor, its products, or its services; to be indecent, obscene, tortious, defamatory, libelous, or violative of another’s privacy, publicity, intellectual property, or other rights; to be acting in violation of these Official Rules; to be acting in an unsportsman-like or disruptive manner or with the intent to disrupt or undermine the legitimate operation of the Sweepstakes; or to annoy, abuse, threaten or harass any other person. Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by Law.
- 14. TERMINATION/MODIFICATION: Sponsor shall have the right to modify, suspend, or terminate the Sweepstakes, at its sole discretion, at any time for any reason, including without limitation as a result of natural disaster, equipment failure, civil disturbance, fraud, financial, or administrative difficulties, technical problems (such as a computer virus/ bug), unauthorized intervention that corrupts the administration, security, fairness, integrity or proper functioning of the Sweepstakes, or other causes not within the control of the Sponsor. In addition, if, in the exclusive judgment of Sponsor, the Sweepstakes (or any portion thereof) becomes compromised in any way, Sponsor reserves the right, at its sole discretion, to cancel any method of entry, to void any entries submitted fraudulently, and/or to select winners from among all non-suspect eligible entries received prior to act that compromised the promotion. Should the Sweepstakes ever be terminated prior to the drawing, Sponsor will post notice on the Sweepstakes Site and will make alternate arrangements to award the prizes. Sponsor reserves the right to make changes in these Official Rules. Any such changes will become effective upon notice via online posting at www.unfoundation.org or other means of wide dissemination.
- 15. SEVERABILITY: 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 Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
16. NO WAIVER: Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
- 17. DISPUTES: Except where prohibited, each entrant agrees that: (i) any and all disputes, claims, and causes of action arising out of or connected with these Official Rules, this Sweepstakes, or any prize shall be resolved individually, without resort to any form of class action, and exclusively by the state and/or federal courts located in the State of California; (ii) any and all claims made by entrant, and any and all judgments and awards in favor of entrant, shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys’ fees; and (iii) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, 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 disputes concerning the Sweepstakes, the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of each entrant and Sponsor in connection with these Official Rules or the Sweepstakes shall be governed by, and construed in accordance with, the Laws of the State of California and applicable United States federal Law, without giving effect to any choice of law or conflict of law 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.
18. SPONSOR: The Sponsor of the Sweepstakes is SquareTrade, Inc., 360 3rd Street, 6th Floor, San Francisco, CA 94107. For questions about the Sweepstakes, please contact Sponsor at PhoneContest@squaretrade.com or 541.1000.
19. NO ENDORSEMENT: Nothing contained in these Official Rules or in any of the Sweepstakes materials should be construed as an endorsement by Sponsor of any third party, product, or service. Prize suppliers are not sponsors of the Sweepstakes.
20. SOCIAL MEDIA PLATFORMS: The Sweepstakes may be advertised on or accessed through one or more social media platforms, such as Facebook or Twitter. However, the Sweepstakes is in no way sponsored, endorsed, or administered by, or associated with, any such platforms. When entering the Sweepstakes entrants are providing information to Sponsor and not to such platforms. Entrants agree to comply with all terms and policies governing such platforms in connection with the Sweepstakes.
21. WINNERS LIST/OFFICIAL RULES: To obtain written notice of the Winner of the Sweepstakes, send a self-addressed stamped envelope (Vermont residents may omit the return postage) to SquareTrade, Inc., 360 3rd Street, 6th Floor, San Francisco, CA 94107. All such requests must be received no later than six (6) months after the end of the Entry Period. These Official Rules will be posted on the Sweepstakes Site during the Entry Period and for six (6) weeks thereafter.