Sweepstakes Official Rules - Template, Sample Form Pro · US-law

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Sweepstakes Official Rules - Template, Sample Form
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SWEEPSTAKES OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.

§ 1. SPONSOR.

1.1 This sweepstakes (the “Sweepstakes”) is sponsored and administered by the following party (the “Sponsor”), located at the address set forth below:

________
________
Telephone: ________
Email: ________

1.2 These Official Rules (the “Official Rules”) govern the Sweepstakes. The Sweepstakes is in no way sponsored, endorsed, administered by, or associated with any social media platform or third-party service provider.

§ 2. ELIGIBILITY.

2.1 The Sweepstakes is open only to legal residents of the following jurisdiction(s) who satisfy the eligibility requirements set forth herein: ________.

2.2 Entrants must be at least ________ years of age, and of the age of majority in their state or jurisdiction of residence, at the time of entry.

2.3 Employees, officers, directors, members, and agents of the Sponsor, and of its respective parent companies, subsidiaries, affiliates, advertising and promotion agencies, prize suppliers, and any other entity associated with the development or administration of the Sweepstakes, as well as the immediate family members (spouse, parents, siblings, and children) and household members of each such person, are not eligible to participate or win.

2.4 The Sweepstakes is subject to all applicable federal, state, and local laws and regulations, and is void where prohibited or restricted by law.

§ 3. AGREEMENT TO OFFICIAL RULES.

3.1 Participation in the Sweepstakes constitutes each entrant’s full and unconditional agreement to and acceptance of these Official Rules and the decisions of the Sponsor, which are final and binding in all matters relating to the Sweepstakes.

3.2 Winning a prize is contingent upon fulfilling all requirements set forth in these Official Rules.

§ 4. SWEEPSTAKES PERIOD.

4.1 The Sweepstakes begins on ________ at ________ and ends on ________ at ________ (the “Sweepstakes Period”). All times are stated in the following time zone: ________.

4.2 Entries submitted before or after the Sweepstakes Period will be disqualified. The Sponsor’s computer or clock will be the official timekeeping device for the Sweepstakes.

4.3 Entries will be accepted during the Sweepstakes Period through any of the following methods:

a. Mail-in;

b. In person at a designated location;

c. Online;

d. Text message; and

e. ________.

§ 5. ENTRY METHODS.

5.1 Mail-in Entry. Mail-in entry is available throughout the Sweepstakes Period. On a card, hand-print your full name, complete mailing address, telephone number, date of birth, and email address (optional), and mail it in an envelope with proper postage affixed to the following address:

________

Each mail-in entry must be hand-printed and mailed separately. All mail-in entries must be postmarked by ________ and received by ________.

5.2 In-Person Entry. In-person entry is available throughout the Sweepstakes Period at the following designated location:

________

5.3 Online Entry. Online entry is available throughout the Sweepstakes Period by visiting the following website and following the instructions provided to complete and submit the entry form: ________.

5.4 Text Message Entry. Text message entry is available throughout the Sweepstakes Period by sending the following phrase/code word: ________ to the following number: ________. An auto-reply will be sent in response; follow the instructions in the reply to confirm entry. Standard message and data rates may apply for all text messages sent or received in accordance with the terms of the entrant’s wireless carrier. Message frequency varies. Reply STOP to cancel and HELP for help.

5.5 Additional Entry Methods. Additional entries may be submitted in the following manner:

________

5.6 Entry Limit. Limit of ________ entries per person, per email address, per mobile telephone number, and per household during the Sweepstakes Period, regardless of method of entry. Entries received from any person, email address, mobile telephone number, or household in excess of the stated limitation will be void.

5.7 All entries become the property of the Sponsor and will not be acknowledged or returned. Entries that are incomplete, illegible, mechanically reproduced, or that otherwise fail to comply with these Official Rules are void.

5.8 No purchase is necessary to enter or win. A purchase will not increase an entrant’s chances of winning.

§ 6. PRIZES.

6.1 The following prizes, having the approximate retail values stated, will be awarded:

________

6.2 The total approximate retail value of all prizes is: ________.

6.3 No cash or other prize substitution is permitted except at the sole discretion of the Sponsor, which reserves the right to substitute a prize of equal or greater value if the advertised prize is unavailable for any reason.

6.4 The prizes are non-transferable. No prize will be awarded to a person other than the verified winner.

6.5 Any and all prize-related expenses, including without limitation any and all federal, state, and local taxes, are the sole responsibility of the winner. Where the value of a prize equals or exceeds the applicable Internal Revenue Service reporting threshold, the winner may be required to complete and submit a completed IRS Form W-9 (or applicable equivalent), and the Sponsor may issue an IRS Form 1099 reflecting the value of the prize.

6.6 Acceptance of a prize grants the Sponsor permission to use the winner’s entry, name, voice, biographical information, and likeness for advertising, promotion, and trade purposes, in any and all media now known or hereafter devised, worldwide, without further notice, compensation, or remuneration, except where prohibited by law.

§ 7. PRIZE DRAWING AND ODDS.

7.1 On or about ________, the Sponsor will select the potential winner(s) in a random drawing from among all eligible entries received during the Sweepstakes Period.

7.2 The odds of being selected depend on the total number of eligible entries received.

7.3 The Sponsor will attempt to notify the potential winner(s) on or about ________.

7.4 If a potential winner cannot be contacted within five (5) days after the date of the first attempt to contact them, the Sponsor may select an alternate potential winner at random from among the remaining eligible, non-winning entries.

§ 8. WINNER REQUIREMENTS AND NOTIFICATION.

8.1 The potential winner(s) will be notified by mail, telephone, email, and/or text message using the contact information provided at the time of entry.

8.2 The potential winner(s) may be required to sign and return an Affidavit of Eligibility, a Liability Release, and, where legally permissible, a Publicity Release within the time period specified by the Sponsor in order to claim the prize.

8.3 If a potential winner fails to sign and return the required documents within the specified time period, is found to be ineligible, declines the prize, or is not in compliance with these Official Rules, the prize may be forfeited and an alternate potential winner may be selected at random from among the remaining eligible, non-winning entries.

8.4 If a potential winner is found to be ineligible, fails to claim the prize, or if a prize notification is returned as undeliverable, the prize may be forfeited and awarded to an alternate potential winner.

8.5 Receipt of any prize offered in this Sweepstakes is conditioned upon compliance with any and all federal, state, and local laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY ANY WINNER WILL RESULT IN SUCH WINNER’S DISQUALIFICATION, AND ALL PRIVILEGES AS A WINNER WILL BE IMMEDIATELY TERMINATED.

8.6 The Sponsor reserves the right, in its sole discretion, to award the prize to an alternate winner, or not to award the prize at all, in the event an insufficient number of eligible entries are received.

§ 9. GENERAL TERMS AND CONDITIONS.

9.2 The Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes, or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner.

9.3 Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, the Sponsor reserves the right to seek damages (including attorneys’ fees) and any other remedies from any such person to the fullest extent permitted by law.

9.4 The Sponsor’s failure to enforce any provision of these Official Rules shall not constitute a waiver of that provision.

9.5 If any provision of these Official Rules is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.

§ 10. RELEASE AND LIMITATIONS OF LIABILITY.

a. Any technical errors associated with the Sweepstakes, including lost, interrupted, or unavailable Internet Service Provider (ISP), network, server, wireless service provider, or other connections, availability, or accessibility, or miscommunications, or failed computer, satellite, telephone, cellular tower, or cable transmissions, lines, or technical failure;

b. Unauthorized human intervention in the Sweepstakes;

c. Mechanical, network, electronic, computer, human, printing, or typographical errors;

d. Lost, late, incomplete, garbled, illegible, undelivered, stolen, damaged, delayed, postage-due, or misdirected mail, entries, application downloads, or text messages;

e. Any other errors or problems in the administration of the Sweepstakes, including without limitation errors in the announcement of the winners, the cancellation or postponement of any event, the incorrect downloading of any application, the processing of entries, or any Sweepstakes-related materials; and

f. Injury, death, losses, or damages of any kind, to persons or property, which may be caused, directly or indirectly, in whole or in part, by an entrant’s participation in the Sweepstakes or acceptance, receipt, or misuse of any prize (including any travel or activity related thereto).

10.2 Each entrant further agrees that, in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Sweepstakes, and in no event shall the entrant be entitled to receive attorneys’ fees.

10.3 The Released Parties are not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any of the equipment or programming associated with or utilized in the Sweepstakes.

10.4 To the fullest extent permitted by applicable law, each entrant waives the right to claim any damages whatsoever, including but not limited to punitive, incidental, consequential, special, direct, or indirect damages. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the foregoing may not apply to all entrants.

§ 11. DISPUTES AND GOVERNING LAW.

11.1 Except where prohibited by law, each entrant agrees that: (a) any and all disputes, claims, and causes of action arising out of or connected with the Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action; and (b) all such disputes shall be resolved exclusively by the state or federal courts located in ________, and each entrant submits to the personal jurisdiction of such courts and waives any objection to venue therein.

11.2 All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of the entrant and the Sponsor in connection with the Sweepstakes, shall be governed by and construed in accordance with the laws of the State of ________, without giving effect to any choice-of-law or conflict-of-law rules that would cause the application of the laws of any jurisdiction other than the State of ________.

§ 12. PRIVACY.

12.1 Information collected from entrants is subject to the Sponsor’s privacy policy, available at: ________. By entering, each entrant consents to the collection, use, and disclosure of personal information as described therein and as necessary to administer the Sweepstakes.

§ 13. WINNER LIST.

13.1 To request the names of the winners, send a self-addressed stamped envelope to the following address:

________

13.2 Winner list requests will be accepted only after the Sweepstakes end date stated above and must be received no later than: ________.

§ 14. ENTIRE AGREEMENT.

14.1 These Official Rules constitute the entire agreement between the entrant and the Sponsor with respect to the Sweepstakes and supersede all prior or contemporaneous understandings or representations. The Sponsor reserves the right to amend these Official Rules at any time, in its sole discretion, to the extent permitted by applicable law.

These Official Rules are dated: ________.

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