OFFICIAL RULES. NO PURCHASE 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 OF AGE AND OLDER AND WHO ARE PHYSICALLY LOCATED AND RESIDE IN THE UNITED STATES OR DISTRICT OF COLUMBIA. VOID IN PUERTO RICO AND WHERE PROHIBITED.
1. ELIGIBILITY: This Swytchback Sweepstakes (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 older who have provided their contact information to Swytchback through a Swytchback Swydget Survey (“Eligible Participants”). Void in Puerto Rico and where prohibited. Not available to employees, directors and officers of Swytchback or any of its affiliates, or to their immediate families (spouse, parents, children, siblings, and their respective spouses), and their respective household members. Swytchback’s advertising and promotion agencies and any fulfillment providers are not eligible to enter or win. By participating, entrants agree to be bound by these Official Rules and the decisions of Swytchback, which are binding and final on matters relating to the Sweepstakes. The Sweepstakes is subject to all applicable federal, state and local laws.
2. SWEEPSTAKES TIMING: The Sweepstakes begins on the date the Swytchback Swydget Survey is first made available to the public and ends at such time as Swytchback has collected the targeted number of completions, but in no case more than 60 days from commencement of the Sweepstakes (the “Promotion Period”).
3. HOW TO ENTER: During the Sweepstakes Period, anyone may enter the Sweepstakes by completing the Swytchback Swydget Survey to which this Sweepstakes relates and providing the participant’s email or other contact information where indicated. Taking the Swydget survey is free. Limit one entry per person with a verifiable email address, mobile phone number or other verifiable contact information. Entries generated by script, macro or other automated means or by any means which subvert the entry process are void. All entries become the property of Swytchback and will not be acknowledged or returned.
4. DETERMINATION OF WINNER: At the end of the Sweepstakes Period, Swytchback will randomly select the designated number of winners from amongst the pool of entries submitted and notify the winner(s) by email, text, or other verifiable means that the winner(s) has won the Sweepstakes.
5. PRIZE. The Prize will vary based on the specific Swytchback Swydget Survey, but will be disclosed to Eligible Participants before they start the Swydget Survey and before contact information is collected. Typically the prize will be for a gift card.
6, TAXES, ETC. All taxes and any other costs not specifically stated within these Official Rules are the sole responsibility of the winner. Prizes are not transferable and no substitutions or cash equivalents are permitted, except that Sponsor at its sole discretion, may substitute the prize with a prize of equal or greater value. Specifics of the prizes are in Sponsor’s sole discretion. All claimed prizes will be awarded. If winner is 18 years of age but deemed a minor in his/her state or place of residence, prize will be awarded in the name of a parent or legal guardian.
7. CONDITIONS OF PARTICIPATION: By participating, Eligible Participants agree to be bound by these Official Rules including all eligibility requirements. Use of any Swytchback Site and Sponsor’s use of information submitted by entrants in connection with this Sweepstakes will be subject to the terms and conditions stated in these Official Rules as well as to the Swytchback Terms of Service and Privacy Policy available at www.swytchback.com. Participants agree to waive any right to claim ambiguity in these Official Rules. Entrants agree that any and all disputes shall be governed by the laws of the State of Arizona.
8. NO LIABILITY TO FACEBOOK, TWITTER, LINKEDIN OR OTHER SOCIAL MEDIA PROVIDER. If an Eligible Participant has received or been made aware of the Sweepstakes through Facebook, Twitter, LinkedIn or another social media provider or any of their affiliated companies or entities, such Eligible Participants agree to completely release Facebook, Twitter, LinkedIn and/or any other social media provider from any liability whatsoever in connection with such Sweepstakes. Swydget Surveys are in no way sponsored, endorsed, administered by or associated with ebook, Twitter, LinkedIn and/or any other social media provider. You understand that you are providing your information to Sponsor and not to ebook, Twitter, LinkedIn and/or any other social media provider.
9. LIMITATION OF LIABILITY: ELIGIBLE PARTICIPANTS HEREBY AGREE TO RELEASE, INDEMNIFY AND HOLD HARMLESS SPONSOR AND ITS RESPECTIVE PARENT COMPANIES, AFFILIATES, SUBSIDIARIES, DIVISIONS, ADVERTISING AND PROMOTION AGENCIES AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, REPRESENTATIVES AND SHAREHOLDERS (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 NOT LIMITED TO, PERSONAL INJURY OR DEATH, RESULTING FROM PARTICIPATING IN THE SWEEPSTAKES OR ANY CLAIMS ARISING FROM THE ACCEPTANCE, POSSESSION, OR USE OR MISUSE OF ANY PRIZE AWARDED OR PARTICIPATION IN ANY PRIZE-RELATED ACTIVITY. THIS LIMITATION OF LIABILITY IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING (WITHOUT LIMITATION) COMPENSATORY, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES; LOSS OF DATA, INCOME, OR PROFIT; LOSS OR DAMAGE TO PROPERTY; AND CLAIMS BROUGHT BY THIRD PARTIES. ELIGIBLE PARTICIPANTS AGREE THAT RELEASEES HAVE NOT MADE NOR ARE IN ANY MANNER RESPONSIBLE OR LIABLE FOR ANY WARRANTY, REPRESENTATION,OR GUARANTEE, STATUTORY, EXPRESS OR IMPLIED (INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, AND FITNESS FOR A PARTICULAR PURPOSE), IN FACT OR IN LAW, RELATIVE TO THE SWEEPSTAKES OR THE PRIZE AWARDED. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, RELEASEES DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE SWYTCHBACK SITE, THE SWYDGET APPLICATION, OR ANY PROMOTIONAL WEBSITE AND RELEASEES SHALL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS RELATED THERETO. Releasees are not responsible for lost, late, incomplete, illegible, inaccurate, delayed, garbled, damaged, stolen or misdirected follows or submissions, or problems of any kind, whether mechanical, human or electronic. Releasees are not responsible for technical, hardware or software malfunctions, telephone failures of any kind, lost or unavailable network connections, inability to access a website, inability to complete, garbled, or delayed computer transmissions or inaccurate transcription of information, whether caused by Sponsor, users or by any of the equipment or programming associated with or utilized in the Sweepstakes or by any technical or human error which may occur in the processing of submissions which may damage a user’s system or limit an Eligible Participant’s ability to participate in the Sweepstakes. Releases are not responsible for late, lost, incomplete, illegible, damaged, or misdirected Swydgets. Sweepstakes materials that have been tampered with or altered are void. Sponsor reserves the right, in its sole discretion, to cancel or suspend part or all of the Sweepstakes or modify these Official Rules at any time without notice, if in Sponsor’s opinion there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Sweepstakes, or if any virus, bugs, non-authorized human intervention or other causes corrupt or impair the administration, security, fairness or integrity and proper play of the Sweepstakes or for any other reason in its sole discretion. In such event, Sponsor may void any Swydgets they suspect are at issue. CAUTION: ANY ATTEMPT BY AN PARTICIPANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE THE WEBSITE OR ANY ONLINE SERVICE RELATED TO THE 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 ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of such term or any other provision. Sponsor reserves the right to disqualify any participant who violates the rules or interferes with the Sweepstakes in any manner. If a participant is disqualified, Sponsor reserves the right to terminate such participant’s eligibility to participate in the Sweepstakes. Any attempt by an individual to access any website associated with the Sweepstakes via a bot script or other brute force attack or any other unauthorized means will result in that individual’s IP address and all following attempts from that IP address becoming ineligible. Use of automated devices or programs is prohibited.
Without limiting the generality of the foregoing, each Eligible Participant agrees to release and hold harmless the Releasees from and against any and all claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trademark infringement or any other intellectual property related cause of action that relate in any way to the Sweepstakes.
The Sponsor reserves the right, in its sole and absolute discretion, to cancel, amend or suspend this Sweepstakes, or to amend these Official Rules, without prior notice or obligation, in the event of any accident, printing, administrative, or other error or any kind, or for any other reason.
10. DISPUTES: Except where prohibited, all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Eligible Participant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Arizona, without giving effect to any choice of law or conflict of law rules (whether of the State of Arizona, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Arizona.
In the event of any discrepancy or inconsistency between the terms and conditions of these Official Rules and disclosures or other statements contained in any Sweepstakes-related materials, including, but not limited to: the Swydget survey, the terms and conditions of these Official Rules shall prevail, govern and control.
The Sponsor reserves the right, in its sole and absolute discretion, and without prior notice, to adjust any of the dates and/or timeframes stipulated in these Official Rules, to the extent necessary, for purposes of verifying compliance by any participant or Follow with these Official Rules, or as a result of technical problems, or in light of any other circumstances which, in the opinion of the Sponsor, in its sole and absolute discretion, affect the proper administration of the Sweepstakes as contemplated in these Official Rules.
11. WINNERS’ LIST: For the names of the winners, mail a self-addressed, stamped envelope to: Swytchback, Inc., 34522 North Scottsdale Road, Suite 120-466, Scottsdale, AZ 85266-1244.
12. SPONSOR & ADMINISTRATOR: The Sponsor of this Sweepstakes is Swytchback Inc., 34522 North Scottsdale Road, Suite 120-466, Scottsdale, AZ 85266-1244.
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