NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE ENTRANT’S ODDS OF WINNING. THIS INSTANT WIN GAME IS OPEN ONLY TO LEGAL RESIDENTS OF THE 50 UNITED STATES OF AMERICA AND DISTRICT OF COLUMBIA, WHO ARE AT LEAST THIRTEEN (13) YEARS OF AGE, WITH INTERNET ACCESS AND VALID FACEBOOK® ACCOUNT AND EMAIL ADDRESS AT THE TIME OF ENTRY. ENTRY IN THIS GAME CONSTITUTES ACCEPTANCE OF THESE OFFICIAL RULES. GAME NAME: [CONTEST NAME] (“Game”). VOID WHERE PROHIBITED BY LAW.
SPONSOR and ADMINISTRATOR: The Sponsor of the Instant Win Game is [COMPANY NAME] (“Sponsor”) [COMPANY ADDRESS]. The Administrator of this Game is [COMPANY NAME] (“Administrator”) [COMPANY ADDRESS]. Sponsor and Administrator may individually be referred to herein as a “Game Entity,” or collectively as “Game Entities.” Administrator will conduct the Game substantially as described in these Official Rules. By participating in the Game each entrant agrees as follows:
GAME PERIOD: The Game begins at [START TIME] on [START DATE] and ends at [END TIME] on [END DATE].
HOW TO PLAY: Enter via Internet during the Game Period by visiting [ENTRY URL], “like” our Facebook page, click on register button and complete the registration form. You will be asked to provide basic contact information, including your name, date of birth, email address, telephone number, and mailing address. Entrant must be the registered subscriber of the Facebook account from which the entry is made. This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook. You understand that you are providing your information to Game Entities, and not to Facebook.
WINNER SELECTION: Once you have submitted the required information (a “Play”), you will be notified whether or not you are a potential winner of a Game Prize. In order for your Play to result in you being a potential Game Prize winner, it must have occurred either at the exact randomly predetermined winning time as determined by Administrator, or, if no Play has occurred at the exact randomly predetermined winning time, then the Play that occurred at the closest time immediately following the randomly predetermined winning time will be declared the winning Play. The first entrant to execute a successful Play that is received and recorded by the Game computer on or after a randomly designated winning time will receive a winning message. If you receive a winning message, you will be deemed a potential Game Prize winner pending confirmation and/or verification of eligibility to Play and compliance with the Official Rules. All potential winners are subject to verification by Administrator. An entrant is not a winner of any prize, even if the Game should so indicate, unless and until entrant’s eligibility has been verified and entrant has been notified that verification is complete. Any automated receipt (such as one confirming delivery of e-mail or pop-up window) does not constitute proof of actual receipt by Administrator of a Play for purposes of these Official Rules. Administrator will not accept screen shots or other evidence of winning in lieu of its validation process. If you are a winner of a Game Prize (subject to verification), you will be emailed or mailed a Game Prize approximately seventy two (72) hours after Play. If your screen does not display a prize-winning message, you are not a potential Game Prize winner. All Plays must be received and recorded during the Game Period.
One entry, per day, per valid Facebook account will be entered into the Game. “Day” is defined as the period between 12:00:01 AM PT and 11:59:59 PM PT on a given calendar day. Administrator’s computer is the official time-keeping device for this Game. Although subsequent attempts to enter may be received, only entrant’s first entry per day during the specified Game entry period will count. All entries become the property of the Game Entities and none will be acknowledged or returned.
PROBLEMS WITH RECEIPT OF GAME PRIZE: If you have not received your Game Prize via email within seventy-two (72) hours after receiving a winning message, please check to make sure that Game Prize is not in your Bulk or Spam Mail folder. If you still have not received Game Prize, please call [COMPANY NAME] Customer Service at [COMPANY PHONE] during the following hours (local time): [SUPPORT HOURS]. Return of a prize or prize notification as undeliverable, or inability of Administrator to contact a potential winner by e-mail within seventy-two (72) hours after receiving a winning message, may result in disqualification of such potential winner, and an alternate winner may be selected at Administrator’s discretion.
DISQUALIFICATION, MODIFICATION AND CANCELLATION: Any individual who attempts or otherwise encourages, directly or indirectly, the entry of multiple or false contact information under multiple identities, or uses any device, service or artifice to enter or encourage, directly or indirectly, multiple or false entries, as determined by the Administrator, will be disqualified and any and all prizes to which entrant may have been entitled will not be awarded or, if awarded, will be cancelled.
If it is suspected by Game Entities in their sole and absolute discretion that an entrant has registered or attempted to register more than once per day using multiple e-mail addresses, telephone numbers or multiple identities, all of the entrant’s entries will be declared null and void and any prize an entrant might have been entitled to will not be awarded. If, in the Game Entities’ opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Game, or if a computer virus, bug, unauthorized intervention, fraud, technical difficulties, or failures compromise or corrupt or affect the administration, integrity, security, fairness, or proper conduct of the Game, and/or the Game is not capable of being conducted as described in these Official Rules, Game Entities shall have the right, at their sole discretion, to cancel, terminate, modify or suspend this Game, and conduct a random drawing to select the prize winners from all non-suspect entries received prior to action taken, or as otherwise deemed fair and appropriate by Game Entities. Entries that are entered by other than human means (such as by an automated computer program or any non-human mechanism, entity, or device), in excess of the stated limit, or are late, forged, destroyed, lost, misplaced, stolen, misdirected, tampered with, incomplete, deleted, damaged, garbled, or otherwise not in compliance with the Official Rules, will be disqualified. Game Entities reserve the right, to disqualify any individual found, in their sole opinion, to be tampering with the operation of the Game, to be acting in violation of these Official Rules, or to be acting in an unsportsmanlike manner or with the intent to disrupt the normal operation of the Game.
ELIGIBILITY: The Game is open only to legal residents of the 50 United States of America and District of Columbia who are at least thirteen (13) years of age, with internet access and valid Facebook account and email address at the time of entry. Game may only be entered from one of the 50 United States and the District of Columbia. Game Entities and each of their respective parent companies, affiliates, subsidiaries, franchisees, successors, assigns, agents, representatives, officers, directors, shareholders, and employees and any entity involved in the development, production, implementation, administration, judging or fulfillment of the Game including, without limitation, the immediate family members and/or those persons living in the same household of such individuals, are not eligible to participate. In the event of a dispute about the identity of an entrant, each Play will be declared made by the Registered Account Holder at time of Play. The Registered Account Holder is deemed to be the person who is assigned the Facebook account by Facebook. With respect to any winning Play, the winner may be required to provide Administrator with proof that the person is the Registered Account Holder of the Facebook account associated with the winning Play. By entering the Game, entrants agree to comply with and be bound by these Official Rules and the decisions of the Game Entities which are final and binding in all respects. Failure to comply with these Official Rules may result in disqualification from the Game.
GAME PRIZES: [PRIZE INFO].
In no event will more Game Prizes be awarded than are stated in these Official Rules. In event that a programming, production, seeding, technical or any other reason(s) cause more than stated number of prizes to be claimed, Sponsor reserves the right to award only the stated number of prizes (previously not awarded) by random drawing from among all legitimate eligible prize claimants.
Limit one (1) Prize winner per level of prizes during the Game Period. Winner must accept prize as specified by Sponsor or prize will be forfeited. Any difference between the stated value and actual value will not be awarded. Lost or stolen prizes will not be replaced. Prize does not include any other item or expense not specifically described in these Official Rules, and all additional expenses including, without limitation, travel expenses, if any, are the sole responsibility of winner. Prizes may not be transferred or assigned except to a surviving spouse living in the same household. Only listed prizes will be awarded and no substitutions or cash equivalents or redemption will be made, except that Administrator reserves the right to award a prize of equal or greater financial value if any advertised prize (or any component thereof) becomes unavailable. Prize cannot be used in conjunction with any other promotion or offer. Winners agree to accept the prize “as is”, and entrants hereby acknowledge that Game Entities have neither made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to the prize, including express warranties (if any) provided exclusively by a prize supplier that are sent along with the prize.
Each winner is solely responsible for reporting and paying any and all applicable taxes. Prizes are not transferable, redeemable for cash or exchangeable for any other prize.
ODDS: Odds of winning a prize depend on the number of eligible Plays received and the order in which they are received.
PUBLICITY AND PRIVACY: Except where prohibited by law or regulation, by submitting a Play, entrant grants the Game Entities a perpetual, worldwide, royalty-free license to use his/her name in connection with the promotion of this and other Games, and waives any and all claims and/or rights to receive any royalties or other compensation for the Game Entities’ use thereof, unless prohibited by law. Entry into this Game requires entrant to enter certain personal information. Entrants are informed that the personal data collection in connection with this Game will be collected by Administrator’s servers and computer systems, which are based in the United States and such collection will therefore be subject to applicable United States laws and Game Entities' privacy policies.
GENERAL CONDITIONS AND RELEASE: By participating, entrant (a) releases Facebook, Game Entities, [COMPANY NAME] and each of their respective parent companies, affiliates, subsidiaries, franchisees, successors, assigns, agents, representatives, officers, directors, shareholders, and employees, from any and all liability for any claims, costs, injuries, losses or damages of any kind caused by participation in the Game, including the unauthorized or illegal access to personally identifiable or sensitive information or acceptance, possession, use, misuse, or nonuse of the prize that may be awarded; (b) acknowledges that said parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, expressed or implied, in fact or in law, relative to a prize including, without limitation, the prize quality or availability; and (c) waives any rights to claim ambiguity with respect to these Official Rules. Neither Game Entities nor any service providers are responsible for incorrect or inaccurate transcription of entry information, or for any human or other error, technical malfunctions, lost/delayed data or voice transmission, omission, interruption, deletion, defect, line failures of any telephone network, computer equipment, software, inability to access any online service or Website or to complete a telephone call or any other error or malfunction, or late, lost or misdirected mail, or any injury or damage to participant's or any other person's equipment related to or resulting from participation in this Game.
ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE, TAMPER WITH THE ENTRY PROCESS, OR OTHERWISE UNDERMINE THE LEGITIMATE OPERATION OF THE GAME MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, ADMINISTRATOR RESERVES THE RIGHT TO COOPERATE IN THE PROSECUTION OF ANY SUCH INDIVIDUAL(S) AND TO PURSUE ALL REMEDIES TO THE FULLEST EXTENT PERMITTED BY LAW. Game Entities’ failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. If for any reason the Game is not capable of being executed as planned, or infection by computer virus, bugs, tampering, unauthorized intervention, fraud, action of entrants, technical failures or any other causes which in the opinion of and/or Game Entities, corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Game, Game Entities reserve the right at their sole discretion to disqualify any suspect entry or entrant and to cancel, terminate, modify or suspend the Game. In the event of any cancellation, termination or suspension, the determination of the winners will be made, from among all eligible, non-suspect Plays received as of the date of the termination, cancellation or suspension, as Game Entities determine in their sole discretion. Plays not complying with all rules are subject to disqualification.
DISPUTES: Entrants and guests agree that (a) any and all disputes, claims and causes of action arising out of, or connected with, the Game for prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Central District of [COMPANY STATE] or the appropriate [COMPANY STATE] State Court located in [COMPANY CITY], [COMPANY STATE]; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Game but in no event attorneys' fees; and (c) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to, claim punitive, incidental and consequential damages and 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 THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrant's rights and obligations, or the rights and obligations of the Game Entities in connection with the Game, shall be governed by, and construed in accordance with, the laws of State of [COMPANY STATE], without giving effect to any choice of law or conflict of law rules (whether of the State of [COMPANY STATE] or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than State of [COMPANY STATE].
WINNER’S LIST: A winner’s list is available only within sixty (60) days after the close of the Game. Mail request to [WINNING LIST MAILING ADDRESS]. In order to obtain a winner’s list, where permitted by law, send your written request and a self-addressed, stamped envelope. (Residents of VT may omit return postage).
The Game and all accompanying materials are © 2014 [COMPANY NAME], as applicable.