Sponsor: Prodege LLC, Redondo Beach, CA 90278
ENTRY PERIOD: SWAGBUCKS 5TH BIRTHDAY BLOWOUT (the "Promotion") begins at 12:00 p.m. PST on February 11, 2013 and ends at 10:00 a.m. on February 25, 2013 ("Entry Period"). One or more Winners (defined below) will be selected in accordance with the terms specified in Section 5 below. All references to dates and time shall be based on Pacific Standard Time. Sponsor's computer is the official time-keeping device for the Promotion. The Sponsor reserves the right to make changes to the Promotion schedule, or discontinue the Promotion, at any time. Should the Promotion be terminated prior to the stated end date, notice will be posted.
Participants in the Promotion agree that they have read, understood and accepted these Official Rules and agree to be bound by them, including all eligibility requirements and decisions of the Sponsor. We recommend that you print out and keep a copy of these Official Rules for future reference.
HOW TO ENTER: NO PURCHASE NECESSARY. During the Entry Period, to be considered an "Entrant" in the Promotion, eligible persons may complete the entry process but receive only one entry into the Promotion by visiting http://www.swagbucks.com/g/birthday-blowout and clicking the RSVP icon/button. Clicking the RSVP icon/button shall serve as Entrant's good faith intention to earn no less than one (1) SB (defined below) in the Earning Channels (defined below) on February 25, 2012 (the "Birthday"). "Swag Bucks" are points awarded to end-users of the Website in connection with certain actions (as further described on the Website).
Entry is only available for eligible persons (as defined in Rule 4) with a registered account on http://www.SwagBucks.com (the "Website"). Entry to the Promotion is free of charge. Entrants are responsible for all costs which they incur in connection with the Promotion (including but not limited to the costs relating to the Entrant's access to the internet). There is no charge for opening an account on the Website or to earn Swag Bucks. To register a free account on the Website, follow the online registration instructions located at http://www.SwagBucks.com.
ELIGIBILITY: Open to residents of the fifty (50) United States and the District of Columbia, United Kingdom and Canada (excluding Quebec) who are 18 years of age and older at the time of entry. Employees and directors of Prodege LLC ("Sponsor") and its affiliates, advertising agencies, and/or promotional partners and members of their immediate families are not eligible to enter or win and entry by such persons will be deemed invalid. "Immediate family" is defined as parents, siblings, children or spouse. No entry may be made on behalf of third parties. The Sponsor reserves the right to request proof of age or identity. Void where prohibited.
WINNER SELECTION AND PRIZES:
A total of five (5) winners (collectively, the "Winners") shall be selected in connection with this Promotion; each such Winner shall receive the Prize (defined below) subject to the restrictions and conditions found in this agreement.
On or about 10:00 a.m PST on February 22, 2013, the Sponsor in its sole discretion will select one (1) Winner (the "First Winner"), at random, from among all Entrants who satisfied the requirement of visiting http://www.swagbucks.com/g/birthday-blowout and clicking the RSVP icon/button.
The Sponsor in its sole discretion will select four (4) additional Winners (the "Additional Winners"), at random, no later than 11:59 a.m. PST on February 25, 2013. Without limiting any other eligibility requirements of the Promotion found in this agreement, eligibility requirements for the Additional Winners, shall further include earning no less than one (1) SB in each of the Earning Channels (defined below) on February 25, 2013 between 12:00 a.m. PST through 11:30 a.m. PST. The "Earning Channels" shall be defined as the following destinations on the Website wherein end-users can earn Swag Bucks: Search and Win, Surveys, Special Offers, Watch and Invite.
All decisions of the Sponsor will be final and binding. All Winners will be publicly announced on the Website and/or on Sponsor's additional presences on the Internet, including, without, limitation, Facebook, Twitter, or Pinterest pages. Public announcements shall be deemed contingent upon each Winner being notified by Sponsor via (without limitation) e-mail, mail, or telephone and further contingent upon each Winner being required to sign and return an Affidavit of Eligibility, Release of Liability, Publicity Release and/or applicable tax reporting documentation (e.g. IRS W9 Form) within seven (7) days of attempted delivery of Prize (defined below) or the Prize will be forfeited and an alternate Winner may be selected, at Sponsor's sole discretion. The return of any Prize/Prize notification as undeliverable will result in disqualification and an alternate Winner may be selected. For avoidance of doubt, an Entrant is not deemed a Winner of any Prize, even if the winning notification should so indicate, unless and until the entrant's eligibility has been verified, all required documents returned and executed, Sponsor has run a compliance and Eligibility check on the entrant and the entrant has been notified that the acceptance and verification process is complete.
Five (5) prizes (collectively, the "Prizes") shall be awarded to five (5) different Winners (i.e. one (1) Prize to the First Winner and one (1) Prize to each of the four (4) Additional Winners. Total approximate retail value ("ARV"): $1,000.00 USD, C$1001.90 CAD and £631.47 GBP. Values in Canadian Dollars and British Pounds based on exchange rate in effect at start of promotion. Prize consists of only those items specifically listed as part of the Prize. Limit one Prize per family/household. No substitution or transfer of Prize permitted by Winner. Sponsor reserves the right to substitute a Prize of equal or greater value. Unclaimed Prizes will not be awarded.
PRIZE RESTRICTIONS AND CONDITIONS: Each Prize, as listed above, consists of only those items specifically listed as part of the applicable Prize. Limit one Prize per family/household. If legitimately claimed, all stated Prizes will be awarded. No substitution or transfer of Prizes is permitted by Winners unless expressly approved by Sponsor in writing. No cash equivalent for any Prize is offered, except at the sole discretion of the Sponsor. Sponsor reserves the right to substitute a Prize of equal or greater value.
GENERAL RULES: Except as specifically set forth in these Rules, the Promotion is in no way sponsored, endorsed or administered by, or associated with, Apple, Facebook, Twitter, Pinterest nor any other entity whose name and/or products are used in connection with this Promotion. All entry forms become the property of the Sponsor and will not be returned. Entries that are incomplete, illegible, or corrupted are void and will not be accepted. All taxes and fees resulting from acceptance of Prize are the sole responsibility of each Winner. Prizes may be subject to reporting for tax and other purposes. Winners should consult their tax advisers with respect to any applicable taxes relating to any Prize. By entering Promotion, Entrant accepts and agrees to these Official Rules and the decisions of Sponsor, which shall be final and binding in all matters.
By entering, Entrant agrees to indemnify, defend, and hold harmless Sponsor, its affiliates, distributors, advertising/promotion agencies, Prize suppliers, directors, officers, employees, agents, representatives and assigns, from and against any and all claims, expenses, and liability (including reasonable attorneys' fees), including (but not limited to) personal injury, death, or damage to or loss of property, arising out of participation in the Promotion or acceptance, receipt, use or misuse of any Prize (including any travel or activity related thereto) and/or the broadcast, exploitation, or use of any entry. Sponsor makes no warranty, representation or guarantee of any kind, express or implied, in fact or in law relating to any Prize. Entry also constitutes permission to the Sponsor to use each Winner's name, likeness and/or biographical information for marketing, publicity or other promotional purposes in any media, whether now known or hereafter developed, throughout the world in perpetuity, without further compensation or right of approval, unless prohibited by law. Nothing shall obligate Sponsor to so use or engage in any of the above. As a condition for receiving a Prize, Winners shall be required to provide content and other materials (e.g. video, audio, a written statement and/or similar materials) requested by Sponsor to be used for the marketing and promotion of the Website and Sponsor's business generally.
By entering into the Promotion, Entrants agree to hold Sponsor, its affiliates, directors, officers, employees and assigns harmless against any and all claims and liability arising out of use of an Entrant's name, likeness and/or biographical information. Sponsor is not responsible for lost or late mail, or for technical, hardware or software malfunctions, lost or unavailable network connections, or failed, incorrect, inaccurate, incomplete, garbled or delayed electronic communications whether caused by the sender or by any of the equipment or programming associated with or utilized in this Promotion, or by any human error which may occur in the processing of the entries in this Promotion. The Sponsor give no assurance and no promises that the Website (or any of the services connected with the Promotion) shall be free from errors or omission nor that they will be available uninterrupted and in a fully operating condition. If, in the Sponsor's opinion, there is any suspected evidence of tampering with any portion of the Promotion, or if technical difficulties compromise the integrity of the Promotion, the Sponsor reserves the right to modify, cancel, suspend or terminate the Promotion in whole or in part, at the Sponsor's sole discretion, including, without limitation, revoking any Entrant's entry into the Promotion and/or revoking any Winner's Prize award. In the event a dispute arises as to the identity of a potentially winning online Entrant, entries made by internet will be declared made by the name on the online entry form. Potential Winner may be required to show verifiable proof of identity. All federal and state laws apply. Sponsor reserves the right to revise any and all aspects of the Promotion and these Official Rules at any time with or without notice to the Entrants.
SPECIAL RULES FOR UK & CANADA RESIDENTS:
DISPUTES; GOVERNING LAW: Except where prohibited, the entrant agrees that any and all disputes, claims and causes of actions arising out of or connected with the Promotion or any Prize shall be resolved on an individual basis without resort to any form of class action.Any and all disputes, claims and causes of actions shall be resolved exclusively by the United States District Court for the Southern District of California, or the appropriate California State Court located in Los Angeles County, California. Any issues or questions of construction, interpretation, validity, or enforceability of these rules, or the rights and obligations of the entrant and/or Sponsor in connection with the Promotion shall be governed by, construed and interpreted in accordance with the laws of the State of California, without giving effect to any choice of law or conflict of law rule which would cause the application of the laws of any jurisdiction other than the State of California.
Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Promotion but in no event attorneys' fees. Entrant (or Entrant's parent/legal guardian if any Entrant is deemed a minor in the state of his/her residence) hereby waives all rights to claim punitive, incidental, and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above may not apply to you.
SEVERABILITY: If any provision(s) of these Official Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.
WINNER'S LIST: For the names of the Winners, after the close of the Entry Period send a self-addressed, stamped (#10) envelope to: SWAGBUCKS 5TH BIRTHDAY BLOWOUT Winners, P.O. Box 70 Manhattan Beach, CA 90267.
ODDS OF WINNING: The odds of winning this Promotion depend on the number of eligible entries received.