THE GIVEAWAY CLUB “[ELECTRONIC SWEEPSTAKES #4]
NO PURCHASE NECESSARY. MAKING A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. Each entrant must have a personal email address.
1. SWEEPSTAKES PERIOD: The GiveAway Club “[ELECTRONIC SWEEPSTAKES #4] Sweepstakes ” (“Sweepstakes”), sponsored by The GiveAway Club (“Sponsor”), begins on [MAY 24TH], 2021 at 12:00:01 a.m. PT and ends on [MAY 31st], 2021 at 11:59:59 p.m. PT (the “Sweepstakes Period”).
The Sweepstakes is subject to all applicable federal, state and local laws and regulations. By participating, you agree to abide by, and be bound by, these Official Rules and the decisions of the Sponsor, which shall be final and binding in all matters relating to the Sweepstakes.
2. ELIGIBILITY: The Sweepstakes is open only to persons who are legal residents of one of the fifty (50) United States or the District of Columbia (“D.C.”) and at least 18 years of age at the time of entry (at least 19 years of age if a resident of AL or NE). The Sweepstakes is void elsewhere and where prohibited by law. Employees, officers, and directors of Sponsor, its affiliates, subsidiaries, and promotion/advertising agencies, and members of the immediate families (defined as including spouse, biological, adoptive and step-parents, grandparents, siblings, children and grandchildren, and each of their respective spouses, regardless of where they reside) or households (whether related or not) of any of the above are NOT eligible to participate in this Sweepstakes. Non-eligibility or non-compliance with any of these Official Rules will result in disqualification.
3. HOW TO ENTER: During the Sweepstakes Period, access www.thegiveawayclub.com (the “Website”), locate the page featuring this Sweepstakes, and complete all information required for entry. Next, follow on-screen instructions to submit your entry. Limit one (161) entry’s per person for the entire Sweepstakes Period. Entries must be received by Sponsor no later than [MAY 31st], 2021 at 11:59:59 p.m. PT or they will be disqualified.
4. WINNER SELECTION: On or about [JUNE 3RD], 2021, Sponsor will select one (1) potential winner of the prize described below in a random drawing from among all eligible entries received during the Sweepstakes Period. The potential winner must meet all eligibility requirements set forth in these Official Rules and comply with these Official Rules to qualify to receive the prize.
5. PRIZE/ODDS: The prize consists of one [XBOX ELITE CONTROLLER GEN 2]. Approximate Retail Value (“ARV”): $180.
The prize consists only of the item described above. Any other expenses in connection with the use of the prize shall be the responsibility of the winner. All prize details are at Sponsor’s discretion. The ARV of the prize was estimated as of the date these Official Rules were printed. If the actual value of the prize differs from the ARV at the time the prize is awarded, the winner will not be compensated for the difference in any way. The prize is non-transferable; no cash redemption or prize substitution allowed at winner’s request. Sponsor may substitute a prize of equal or greater value if the advertised prize becomes unavailable for any reason. The prize will be awarded provided it is claimed properly in accordance with these Official Rules.
The odds of winning the prize depend on the total number of eligible entries received.
The winner is responsible for all federal, state and/or local income taxes on the prize.
6. CLAIMING THE PRIZE: Following the prize drawing, Sponsor will attempt to notify the potential prize winner at the phone number or email address provided at the time of entry. [The prize winner may be required, at the discretion of the Sponsor, to complete, sign and return an Affidavit of Eligibility, Liability Release and, where permissible, Publicity Release within five (5) days of receipt of prize notification.] If the potential winner cannot be reached after reasonable efforts have been made (as determined by Sponsor in its discretion), if the prize notification is returned as undeliverable, if the potential winner is determined by Sponsor to be ineligible, [or if the potential winner does not return the above-referenced documents in a timely manner (if applicable)], or if potential winner does not comply with these Official Rules in any way, s/he will be disqualified and, at Sponsor’s discretion, an alternate potential winner may be selected in a random drawing from among the remaining eligible entries.
No more than one (1) prize will be awarded. If, due to a production, technical, human or other error, more than one (1) prize notification is issued, the one (1) intended prize will be awarded in a random drawing from among all valid recipients of such prize notifications.
If the winner is unable to accept the prize as described, the prize will be forfeited and may be awarded to an alternate winner in a random drawing from among the remaining eligible entries.
7. PUBLICITY CONSENT: Except where prohibited, acceptance of the prize constitutes the winner’s permission for Sponsor to use his/her name, voice, biographical information (city/state), recorded image, photograph and/or likeness for purposes of advertising and trade worldwide, in commerce and in all media now known or hereafter discovered, including but not limited to social media and the internet, without further notice, permission or compensation.
8. GENERAL CONDITIONS: Sponsor is not responsible for: (a) electronic transmissions or entries that are lost, late, stolen, incomplete, illegible, damaged, garbled, destroyed, misdirected, or not received by Sponsor for any reason; (b) any problems or technical malfunctions, errors, omissions, interruptions, deletions, defects, delays in operation or transmission, communication failures or human error that may occur in the transmission, receipt or processing of entries, or for deletion, theft or destruction of, unauthorized access to, or alteration of, entries; (c) any failed or unavailable hardware, network or software; (d) causes beyond Sponsor’s reasonable control that jeopardize the administration, security, fairness, integrity or proper conduct of this Sweepstakes; (e) any entries submitted in a manner that is not expressly allowed under these Official Rules (all such entries will be disqualified); (f) incorrect or inaccurate entry information whether caused by entrants or by any of the equipment or programming utilized in the Sweepstakes; (g) any typographical, human or other error in any printing or advertising relating to the Sweepstakes, in the administration or execution of the Sweepstakes, or in the announcement of the prize winner; or (h) cheating or fraud by any participant. All incomplete or non-conforming entries will be disqualified.
If for any reason the Sweepstakes cannot be executed as planned, including but not limited to any printing, administrative, human or other error of any kind, transmission failure, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures or errors, or any other causes beyond the control of Sponsor that corrupt or affect the security, administration, fairness, integrity or proper conduct of the Sweepstakes, or if the Sweepstakes is compromised or becomes corrupted in any way, electronically or otherwise, Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Sweepstakes without notice. If the Sweepstakes is terminated prior to the stated end date of the Sweepstakes Period, then the prize will be awarded in a random drawing from among all eligible, non-suspect entries received prior to the time/date of termination.
Sponsor reserves the right, in its sole discretion, to disqualify any individual who tampers with or attempts to tamper with the entry process or the operation of the Sweepstakes generally, or who acts in violation of these Official Rules. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that term.
In the event of a dispute regarding the identity of an individual who submitted an entry via the purchase entry method, the entry will be deemed submitted by the account holder of the email address associated with the entry, provided s/he meets the eligibility requirements for the Sweepstakes.
9. LIMITATION OF LIABILITY: By entering, each entrant agrees to release and hold harmless the Sponsor and its parent company, subsidiaries, affiliates and agents, and the officers, directors and employees of each of the foregoing (collectively, the “Released Parties”), from and against any and all liability for losses, damages or causes of action (however named or described), with respect to or arising out of: (a) entrant’s participation in the Sweepstakes; or (b) the receipt, possession and/or use or misuse of the prize (if applicable).
By accepting the prize, the winner acknowledges that the Sponsor has neither made, nor is in any manner responsible or liable for, any warranty, representation or guarantee, express or implied, in fact or in law, relative to the prize.
11. DISPUTES/VENUE/GOVERNING LAW: By participating, entrants agree that: (a) any and all disputes, claims and causes of action arising out of, or connected with, this Sweepstakes or the prize shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate federal, state or local court located in Los Angeles County, California; (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including but not limited to costs associated with entering this Sweepstakes, but in no event attorneys’ fees; and (iii) to the extent allowed by applicable law, under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental and/or consequential damages and/or any other damages, other than out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO PORTIONS OF THE ABOVE MAY NOT APPLY TO YOU.
All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrants’ rights and obligations, or the rights and obligations of the Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules (whether of California or any other jurisdiction), that would cause the application of the laws of any jurisdiction other than California.
In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes-related materials or notifications, or made by Sponsor or its representatives, and the terms and conditions of these Official Rules, these Official Rules shall prevail, govern and control.
12. 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.
13. WINNER’S NAME: For the name of the prize winner, available after the winner is verified, send a self-addressed, stamped envelope to: CEO Pluria Marshall III, 1007 N. Sepulveda Blvd. 1357, Manhattan Beach, CA 90266. Requests must be received by [JUNE 24TH], 2021.
SPONSOR: The GiveAway Club, 1007 N. Sepulveda Blvd 1357, Manhattan Beach, CA 90266.
©2021 The GiveAway Club. All rights reserved.