Sweepstakes Terms of Service
OFFICIALRULES. NOPURCHASE NECESSARY TO ENTER OR WIN THE SWEEPSTAKES. OPEN TO LEGAL RESIDENTS OFTHE FIFTY (50) UNITED STATES AND THE DISTRICT OF COLUMBIA WHO ARE 18 YEARS OFAGE AND OLDER AND WHO ARE PHYSICALLY LOCATED AND RESIDE IN THE UNITED STATES ORDISTRICT OF COLUMBIA AND HAVE TAKEN THE SWYTCHBACK SWYDGET SURVEY TO WHICH THISSWEEPSTAKES RELATES.
VOIDIN PUERTO RICO AND WHERE PROHIBITED.
1. No Purchase Necessary to Enter orto Win.
2. ELIGIBILITY: SwytchbackSweepstakes (the “Sweepstakes”) are open to legal residents of the fifty (50)United States and the District of Columbia who are 18 years of age and olderand who have completed the particular Swydget survey to which this Sweepstakes related(“Eligible Participant”). Void in Puerto Rico and where prohibited.Employees, directors and officers, and their immediate families (spouse,parents, children, siblings, and their respective spouses), and theirrespective household members, of Swtchback, Inc. (“Swytchback” or Sponsor”) andits affiliates, Swytchback’s advertising and promotion agencies, andfulfillment providers are not eligible to enter or win. By participating,entrants agree to be bound by these Official Rules and the decisions of theSwytchback, which are binding and final on matters relating to thissweepstakes. Sweepstakes is subject to all applicable federal, state and locallaws.
3. SWEEPSTAKES TIMING: TheSweepstakes begins on the date the Swydget survey is made available to membersof the public and ends at such time as Swytchback has collected the targetednumber of completions, but in no case more than 30 days from commencement ofthe Sweepstakes (the “Promotion Period”).
4. HOW TO ENTER: During theSweepstakes Period, to enter, simply complete the Swydget survey to which thisSweepstakes relates and provide your email or other contact information whereindicated. Taking the Swydget survey is free. Limit one entry per person with averifiable email address, mobile phone number or other verifiable contactinformation. Entries generated by script, macro or other automated means or byany means which subvert the entry process are void. All entries become theproperty of Sponsor and will not be acknowledged or returned.
5. DETERMINATION OF WINNER: At the end of the Sweepstakes Period, Swytchback will randomly select thedesignated number of winners from amongst the pool of entries submitted andnotify the winner(s) by email, text, or other verifiable means that the winnerhas won the Sweepstakes.
6. PRIZE. The Prize will vary basedon the specific Swydget, but will be disclosed to Eligible Participants beforethey start the Swydget and before contact information is collected. Typically the prize will be for a gift card,often an Amazon.com Gift Card.
All taxes and any other costs not specifically stated withinthese Official Rules are the sole responsibility of the winner. Prizes are not transferable and no substitutions or cash equivalents arepermitted, except that Sponsor at its sole discretion, may substitute the prizewith a prize of equal or greater value. Specifics of the prizes are inSponsor’s sole discretion. All claimed prizes will be awarded. Ifwinner is 18 years of age but deemed a minor in his/her state or place ofresidence, prize will be awarded in the name of a parent or legal guardian.
8. NO LIABILITY TO FACEBOOK OR TWITTER. If an Eligible Participant has received orbeen made aware of the Sweepstakes through Facebook, Twitter or any of their affiliatedcompanies or entities, such Eligible Participants agree to completely releaseFacebook and/or Twitter from any liability whatsoever in connection with such Sweepstakes. Swydget Surveys are in no way sponsored,endorsed, administered by or associated with Facebook. You understand that you are providing yourinformation to Sponsor and not to Facebook or Twitter.
9. LIMITATION OF LIABILITY:ELIGIBILITY PARTICIPANTS HEREBY AGREE TO RELEASE, INDEMNIFY AND HOLD HARMLESSSPONSOR, AND TENTHWAVE DIGITAL LLC, THEIR RESPECTIVE PARENT COMPANIES,AFFILIATES, SUBSIDIARIES, DIVISIONS, ADVERTISING AND PROMOTION AGENCIES ANDTHEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, REPRESENTATIVES ANDSHAREHOLDERS (COLLECTIVELY, THE “RELEASEES”) FROM ANY CLAIMS, ACTIONS, LOSSES,LIABILITIES, COSTS AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEYS’ FEES),INJURY, LOSS OR DAMAGES OF ANY KIND (COLLECTIVELY, “CLAIMS”), INCLUDING BUT NOTLIMITED TO, PERSONAL INJURY OR DEATH, RESULTING FROM PARTICIPATING IN THESWEEPSTAKES OR ANY CLAIMS ARISING FROM THE ACCEPTANCE, POSSESSION, OR USE ORMISUSE OF ANY PRIZE AWARDED OR PARTICIPATION IN ANY PRIZE-RELATEDACTIVITY. THIS LIMITATION OF LIABILITY IS A COMPREHENSIVE LIMITATION OFLIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING (WITHOUTLIMITATION) COMPENSATORY, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES; LOSS OFDATA, INCOME, OR PROFIT; LOSS OR DAMAGE TO PROPERTY; AND CLAIMS BROUGHT BYTHIRD PARTIES. ELIGIBLE PARTICIPANTS AGREE THAT RELEASEES HAVE NOT MADENOR ARE IN ANY MANNER RESPONSIBLE OR LIABLE FOR ANY WARRANTY, REPRESENTATION,OR GUARANTEE, STATUTORY, EXPRESS OR IMPLIED (INCLUDING BUT NOT LIMITED TO, THEIMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, AND FITNESS FOR A PARTICULARPURPOSE), IN FACT OR IN LAW, RELATIVE TO THE SWEEPSTAKES OR THE PRIZEAWARDED. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, RELEASEES DONOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TOTHE SWYTCHBACK SITE, THE SWYDGET APPLICATION, OR ANY PROMOTIONAL WEB SITE ANDRELEASEES SHALL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS ORERRORS RELATED THERETO. Releasees are not responsible for lost, late, incomplete,illegible, inaccurate, delayed, garbled, damaged, stolen or misdirected followsor submissions, or problems of any kind, whether mechanical, human orelectronic. Releasees are not responsible for technical, hardware orsoftware malfunctions, telephone failures of any kind, lost or unavailablenetwork connections, inability to access a website, inability to Follow, orfraud, incomplete, garbled, or delayed computer transmissions or inaccuratetranscription of information, whether caused by Sponsor, users or by any of theequipment or programming associated with or utilized in the Sweepstakes or byany technical or human error which may occur in the processing of submissionswhich may damage a user’s system or limit an Eligible Participant’s ability toparticipate in the Sweepstakes. Releases are not responsible for late, lost,incomplete, illegible, damaged, or misdirected follows. Sweepstakesmaterials that have been tampered with or altered are void. Sponsorreserves the right, in its sole discretion, to cancel or suspend part or all ofthe Sweepstakes or modify these Official Rules at any time without notice, ifin the judges’ opinion there is any suspected or actual evidence of electronicor non-electronic tampering with any portion of the Sweepstakes, or if anyvirus, bugs, non-authorized human intervention or other causes corrupt orimpair the administration, security, fairness or integrity and proper play ofthe Sweepstakes or for any other reason in its sole discretion. In suchevent, Sponsor may void any Follows they suspect are at issue and award theprize based on all non-suspect eligible Follows received up to the date ofcancellation. CAUTION: ANY ATTEMPT BY AN PARTICIPANT OR ANY OTHERINDIVIDUAL TO DELIBERATELY DAMAGE THE WEBSITE OR ANY ONLINE SERVICE RELATED TOTHE SWEEPSTAKES OR TO UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAYBE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE,SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEY’S FEES) FROM ANYSUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINALPROSECUTION. Sponsor’s failure to enforce any term of these OfficialRules shall not constitute a waiver of such term or any other provision. Sponsor reserves the right to disqualify any participant who violates the rulesor interferes with the Sweepstakes in any manner. If a participant isdisqualified, Sponsor reserves the right to terminate such participant’seligibility to participate in the Sweepstakes. Any attempt by an individualto access any website associated with the Sweepstakes via a bot script or otherbrute force attack or any other unauthorized means will result in thatindividual’s IP address and all following attempts from that IP addressbecoming ineligible. Use of automated devices or programs is prohibited.
Without limiting the generality of the foregoing, each EligibleParticipant agrees to release and hold harmless the Releasees from and againstany and all claims based on publicity rights, defamation, invasion of privacy,copyright infringement, trademark infringement or any other intellectualproperty related cause of action that relate in any way to the Collection.
The Sponsor reserves the right, in its sole and absolutediscretion, to cancel, amend or suspend this Sweepstakes, or to amend theseOfficial Rules, without prior notice or obligation, in the event of anyaccident, printing, administrative, or other error or any kind, or for anyother reason.
9. DISPUTES: Except whereprohibited, all issues and questions concerning the construction, validity,interpretation and enforceability of these Official Rules, or the rights andobligations of the Eligible Participant and Sponsor in connection with theSweepstakes, shall be governed by, and construed in accordance with, the lawsof the State of California, without giving effect to any choice of law orconflict of law rules (whether of the State of California, or any otherjurisdiction), which would cause the application of the laws of any jurisdictionother than the State of California.
In the event of any discrepancy or inconsistency between theterms and conditions of these Official Rules and disclosures or otherstatements contained in any Sweepstakes-related materials, including, but notlimited to: the Swydget survey and/or point of sale, television, print oronline advertising; the terms and conditions of these Official Rules shallprevail, govern and control.
The Sponsor reserves the right, in its sole and absolutediscretion, and without prior notice, to adjust any of the dates and/ortimeframes stipulated in these Official Rules, to the extent necessary, forpurposes of verifying compliance by any participant or Follow with theseOfficial Rules, or as a result of technical problems, or in light of any othercircumstances which, in the opinion of the Sponsor, in its sole and absolutediscretion, affect the proper administration of the Sweepstakes as contemplatedin these Official Rules.
10. WINNERS’ LIST: For the names ofthe winners, mail a self-addressed, stamped envelope to: Swytchback, Inc., 9877East Hidden Valley Rd, Scottsdale, AZ 85262.
11. SPONSOR &ADMINISTRATOR: The Sponsor of this Sweepstakes is Swytchback Inc., 9877East Hidden Valley Rd, Scottsdale, AZ 85262.
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