THE CHARTSWEEPS CS00038 SWEEPSTAKES
OFFICIAL CONTEST RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. PURCHASE WILL NOT INCREASE YOUR ODDS OF WINNING.
The ChartSweeps CS00038 Sweepstakes (the "Promotion") is sponsored by No Thanks, Inc. ("Company," "Companies", "we" or "us "). By entering the Promotion, you agree to comply with and be bound by the following the ChartSweeps CS00038 Sweepstakes Official Contest Rules (the " Rules"). Please review the Rules carefully. If you do not agree to the Rules in their entirety, you are not permitted to enter the Promotion. If there is any conflict or other inconsistency between the Rules and any advertisements, promotional or marketing materials, e-mails or announcements relevant to the Promotion, these Rules will govern.
1. ELIGIBILITY. The Promotion is open to legal residents of the United States, Australia, New Zealand and South Africa living in the United States, Australia, New Zealand and South Africa who are eighteen (18) years of age or older. Employees, officers and directors of Company and the independent third party promotion company that will conduct the drawing ("Independent Third Party"), each of their respective legal representatives, affiliates, parents, subsidiaries, advertising, promotional, fulfillment and marketing agencies, and their immediate families (and those living in their respective households), are not eligible to participate or claim a Prize (as defined below) in the Promotion. Participants wishing to obtain a copy of these Rules may request a printed copy of same by writing to: No Thanks, Inc., Attn: ChartSweeps CS00038 Sweepstakes, 1129 Northern Blvd., Suite 404, Manhasset, New York, 11030, United States of America. All federal, state and local laws, rules and regulations apply.
2. LIMITED TIME ONLY/PROMOTION PERIOD. For purposes of these Rules, the "Promotion Period" shall be the period beginning at 12:00:00 a.m. Eastern Time ("ET ") 12/29/2020 and ending at 11:59:59 p.m. ET on 3/29/2021.
3. HOW TO ENTER.
Initial Registration . In order to enter the Promotion, you must complete the applicable online Promotion entry form ("Promotion Entry Form") on the ChartSweeps website located at www.chartsweeps.com (the "ChartSweeps Website" or (the "Website"). The information that you must provide on the Promotion Entry Form may vary depending on the Website but must include, at a minimum your: (a) full name; (b) e-mail address; (c) zip code; (d) month you were born and (e) year you were born ("Registration Data"). You must update your Registration Data, as necessary, to remain eligible to win a Prize. Once you have completed a Promotion Entry Form, Company will send a confirmation e-mail to the e-mail address included in your Registration Data (the "Confirmation E-mail"). You must activate the link in the Confirmation E-mail in order for you to become a ChartSweeps member ("ChartSweeps Member" ), for your Entries (as defined below) to be submitted and for you to be eligible to win a Prize.
Entering on the ChartSweeps Website . After you submit your Registration Data on the ChartSweeps Website, you may enter the Promotion by completing the game presented to you. Once you have completed the game, you will receive one entry into the Promotion ("Promotion Entry" or "Entry").
NO PURCHASE IS NECESSARY TO ENTER OR WIN THE PROMOTION. PURCHASING GOODS AND/OR SERVICES OFFERED BY OR THROUGH COMPANY OR OUR MARKETING PARTNERS WILL NOT INCREASE THE ODDS OF QUALIFYING FOR A PRIZE.
COMPANY IS NOT RESPONSIBLE FOR REGISTRATIONS, ENTRIES, CLAIMS OR NOTICES THAT ARE LOST, LATE, ILLEGIBLE, MISDIRECTED, DAMAGED, INCOMPLETE OR INCORRECT. IF YOU FAIL TO COMPLETE A PROMOTION ENTRY FORM DURING THE PROMOTION PERIOD FOR ANY REASON INCLUDING, BUT NOT LIMITED TO, YOUR INABILITY TO ACCESS THE WEBSITE, YOU WILL NOT QUALIFY FOR A PRIZE IN CONNECTION WITH THAT PROMOTION'S DRAWING, AND COMPANY WILL NOT BE LIABLE TO YOU IN ANY WAY FOR SUCH FAILURE TO COMPLETE THE FORM OR QUALIFY FOR A PRIZE. YOU ARE SOLELY RESPONSIBLE FOR COMPLYING WITH ALL REQUIREMENTS FOR RECEIVING A PRIZE THROUGH THE PROMOTION.
4. IDENTIFICATION OF ENTRANTS. Each Entry will be collected and stored in the Promotion Database. For purposes of these Rules, the "Promotion Database" is defined as the entire list of Entries, identified by customer number, email address and Entry Numbers, collected during the Promotion Period. Company will stop accepting entries at the end of the Promotion Period. At the conclusion of the winner selection process, the Promotion Database will be cleared of all non-winning Entries.
5. HOW TO WIN. Within ten (10) business days of the conclusion of the Promotion Period, the Independent Third Party will select, randomly, one Promotion Entry from among all the Promotion Entries in the Promotion Database (the " Winning Entry") and the corresponding ChartSweeps Member Registration Data ("Prize Winner" ). The Prize Winner will be notified via e-mail within thirty (30) days after the Prize Winner is selected. (Entrants should ensure that their Registration Data is accurate and up to date.) Prize Winners are subject to eligibility verification. Prize Winners may be required to execute a notarized Affidavit of Eligibility and Liability/Publicity Release ("Affidavit"), and return such Affidavit within thirty (30) days following attempted notification, together with a recent picture of the Prize winner, for Company's use according to the specifications set forth in the Affidavit or as later requested by Company. Non-compliance within this time period may result in forfeiture of the Prize.
In addition, Prize Winners will be required to provide (a) picture proof of identification, which may include a driver's license, passport, voting card or similar government issued identification; (b) proof that they are the entrant that submitted the applicable Winning Entry; and (c) such tax and withholding documentation as may be reasonably required by Company (in its discretion) to comply with its tax reporting requirements. Prize winners may also be required to provide Company with proof that they are the authorized account holder of the electronic mail address associated with the potential winning Entry. The return of a Prize/Prize notification as undeliverable may result in forfeiture. In no case shall Company be liable in any manner where a winner has not received notification sent from Company or where Company fails to receive a response from the winner within the required response period. The Winning Entry, as well as the associated information of the winner, must identically match the records maintained by the Independent Third Party and Company in order for a Prize to be awarded. In the event of a dispute, the information maintained by the Independent Third Party and Company will govern. Entries will be deemed made by the person under whose name the Entry was registered, regardless of who actually submitted the Entry. Be sure to use your correct name and your own e-mail address. In the event a Prize Winner is a legal resident of Canada, and living in Canada, a skills test must be successfully completed in order for the Prize winner to claim the Prize. See Section 7 hereinbelow for a detailed Prize description.
6. PRIZE DESCRIPTION. The Prize Winner for the Promotion will receive a Kindle Fire Prize payable by the Company in its discretion with $50 cash value in lieu of physical prize, paid in the form of check, PayPal, or Amazon gift certificate, within thirty (30) days of return of the completed and valid Affidavit, together with all other documentation and verifications reasonably requested by Company (the " Prize"). There is a maximum of one (1) Prize available each Promotion Period.
7. ODDS OF WINNING. The odds of winning the Prize are dependent on the number of Entries received during the Promotion Period.
9. WINNERS' LIST. To request a list of Prize winners, send a self-addressed stamped envelope to: No Thanks, Inc., Attn: ChartSweeps CS00038 Sweepstakes, 1129 Northern Blvd., Suite 404, Manhasset, New York, 11030, United States of America.
10. TAX INFORMATION. Federal, state and local taxes, and all similar fees and assessments, are the responsibility of the applicable Prize winner. Company reserves the right to withhold taxes from any winning Prize, as appropriate.
11. NO SUBSTITUTION OF PRIZES. No substitution or transfer of Prizes will be accommodated or permitted, other than in Company's sole discretion.
12. PUBLICATION. Promotion entry constitutes permission for Company to use each entrant's name and likeness (including pictures) for advertising and promotional purposes without further compensation, excluding residents of the State of Tennessee and where otherwise prohibited by law.
13. RELEASE AND LIMITATION OF LIABILITY. By entering the Promotion, you waive any claim to any special, indirect, incidental, consequential or punitive damages against Company, however caused and under whatever theory of liability, including, but not limited to, loss of profits, loss of business opportunities or loss of goodwill or reputation, even if Company has been advised of or should have been aware of the possibility of such damages. Additionally, Company is not responsible for the actions or inactions of any other entrant in the Promotion.
Regardless of any other provision of these Rules, in no event will Company's liability to you for any action or claim related to the Promotion, the Prize, or the Website, whether based on contract, tort, negligence or any other theory of liability, exceed the lesser of (a) your actual, direct damages, or (b) Five Thousand Dollars ($5,000.00). Some states and jurisdictions do not allow for the exclusion or limitation of incidental or consequential damages, so this limitation and exclusion may not apply to you.
14. CHOICE OF LAW/DISPUTE RESOLUTION/CLASS ACTION LIMITATION. Any disputes arising out of or related to the Promotion shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles). Should a dispute arise concerning the Promotion, the terms and conditions of these Rules or the breach of same by any party hereto: (a) the parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association in New York, NY, in accordance with the then current Commercial Arbitration rules of the American Arbitration Association; and (b)you agree to first commence a formal dispute proceeding by completing and submitting an Initial Dispute Notice to us which can be found at: https://www.chartsweeps.com/disputenotice.pdf
. We may choose to provide you with a final written settlement offer after receiving your Initial Dispute Notice ("Final Settlement Offer"). If we provide you with a Final Settlement Offer and you do not accept it, or we cannot otherwise satisfactorily resolve your dispute, you can submit your dispute for resolution by arbitration before a reputable arbitration organization as mutually agreed upon by the parties, in your county of residence, by filing a separate Demand for Arbitration, which can be found at: https://www.chartsweeps.com/arbitration.pdf
. For claims of five thousand dollars ($5,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions. if the arbitrator awards you relief that is greater than our final settlement offer, then we will pay all filing, administration and arbitrator fees associated with the arbitration and, if you retained an attorney to represent you in connection with the arbitration, we will reimburse any reasonable attorneys' fees that your attorney accrued for investigating, preparing and pursuing the claim in arbitration. any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. nothing contained herein shall be construed to preclude any party from (a) seeking injunctive relief in order to protect its rights pending an outcome in arbitration; and/or (b) pursuing the matter in small claims court rather than arbitration. Although we may have a right to an award of attorneys' fees and expenses if we prevail in arbitration, we will not seek such an award from you unless the arbitrator determines that your claim was frivolous.
To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against Company and/or its employees, officers, directors, members, representatives and/or assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney's fees and court costs that Company incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (i) does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (ii) is an independent agreement. You may opt-out of these dispute resolution provisions by providing written notice of your decision within thirty (30) days of the date that you first submit an entry in connection with the Promotion.
15. SEVERABILITY. Should any part of these Rules be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect.
16. INDEPENDENT THIRD PARTY. The Independent Third Party is not involved in marketing the Promotion. The Independent Third Party is not the sponsor of the Promotion and will not respond to any inquiries. The Independent Third Party is responsible for the drawing of the Winner at the conclusion of each Promotion Period.
18. DISCLAIMER. YOU AGREE THAT YOUR USE OF THE WEBSITE AND PARTICIPATION IN THE PROMOTION SHALL BE AT YOUR SOLE RISK. THIS WEBSITE, THE PROMOTION, AND THE PRIZES PROVIDED BY COMPANY ARE PROVIDED "AS IS," AS AVAILABLE, AND WITHOUT ANY WARRANTIES OR CONDITIONS (EXPRESS OR IMPLIED, ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OR TRADE). ANY WEBSITE DOWNTIME, ERRORS, OR TEMPORARY MAINTENANCE THAT AFFECTS THE PROMOTION IS TO BE RESOLVED AT THE DISCRETION OF COMPANY. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE QUALITY, IDENTITY OR RELIABILITY OF ANY THIRD PARTY OR ANY WEBSITE OF ANY THIRD PARTY. COMPANY CANNOT GUARANTEE CONTINUOUS OR SECURE ACCESS TO THE WEBSITE OR THE PROMOTION OR THAT THE WEBSITE OR PROMOTION WILL MEET YOUR REQUIREMENTS. TO THE FULLEST EXTENT LEGALLY PERMITTED, COMPANY, INDEPENDENT THIRD PARTY, THEIR LEGAL REPRESENTATIVES, affiliates, subsidiaries, parents, agencies and each of their respective members, officers, directors, employees and agents, DISCLAIM AND EXCLUDE ALL IMPLIED WARRANTIES, TERMS AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Company, Independent Third Party, their legal representatives, affiliates, subsidiaries, parents, agencies and each of their respective members, officers, directors, employees and agents, are not responsible for lost, interrupted or unavailable network server or other connections, miscommunications, failed computer transmissions or technical failure, jumbled, scrambled or misdirected transmissions, or other error of any kind, whether human, mechanical or electronic. If any portion of the Promotion is compromised by virus, bugs, non-authorized human intervention or other causes beyond the control of Company, which, in the sole opinion of Company, corrupts or impairs the administration, security, fairness or proper determination of the Promotion, Company reserves the right, in its sole discretion, to suspend or terminate the Promotion or any part of the Promotion, or any combination of the above.
Company, Independent Third Party, their legal representatives, affiliates, subsidiaries, parents, agencies and their respective members, officers, directors, employees and agents are not responsible for any problem with any Promotion Entry generated by computer hardware or software error or failure, whatever the cause. Company's sole responsibility for any irregular Promotion Entry that does not qualify for the relevant Promotion Period's drawing is replacement with another Promotion Entry in a subsequent Promotion Period's drawing, if available.
19. DISQUALIFICATION. Persons found tampering with or abusing any aspect of the Promotion and/or Website, as solely determined by the Company, will be disqualified, as will persons found to have provided false statements or information in connection with the Promotion, likewise as solely determined by the Company. Any use of robots, automated processes, macros, programs or third party methods to submit Promotion entries, and any participant using any such method, will be disqualified and may be disqualified from any other promotions or contests provided by Company. If disqualified for any of the above reasons, Company reserves the right to terminate each entrant's eligibility to participate in the Promotion.
20. LEGAL WARNING. Any attempt by any individual, whether or not an entrant, to damage, destroy, tamper with or vandalize the Website, or otherwise interfere with the operation of the Promotion, is a violation of criminal and civil law, and Company will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.
21. FORCE MAJEURE. Company shall not be responsible for the failure to perform or any delay in performance of any obligation hereunder due to labor disturbances, accidents, fires, floods, telecommunications or Internet failures, strikes, wars, riots, rebellions, blockades, acts of government, governmental requirements and regulations or restrictions imposed by law or any other similar conditions beyond the reasonable control of Company. The time for performance of such party shall be extended by the period of such delay.
22. MISCELLANEOUS. You are responsible for compliance with applicable local laws, keeping in mind that access to the content of this Website may not be legal for or by certain persons or in certain localities. Company will not be considered to have modified or waived any of its rights or remedies under these Rules unless the modification or waiver is in writing and signed by an authorized representative of Company. Nothing in these Rules or related policies should be deemed to confer rights or benefits on third parties. You will not transfer, assign or delegate your rights or obligations under these Rules to anyone without our express written permission, and any attempt to do so will be null and void. We may assign these Rules without restriction. You may find on the Website links to other websites or may receive telemarketing, e-mail and direct mail marketing messages from third parties affiliated with Company. You acknowledge and agree that Company is not responsible or liable for (a) the availability or accuracy of such websites, messages or resources; or (b) the content, advertising or products on or available from such websites, messages or resources. The inclusion of any link on the Website or transmission of any telemarketing, e-mail and direct mail marketing messages does not imply that Company endorses the linked website or messages. You use the links and messages at your own risk and expressly relieve Company from any and all liability arising from your use of any third-party website or messages. You shall be solely responsible for all content you provide on the Website or in connection with the Promotion, as well as any related consequences.