PANDATINES POPPIN’ GIVEAWAY OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE ENTRANTS’ CHANCE OF WINNING. VOID WHERE PROHIBITED.
PROMOTION DESCRIPTION: These official rules (the “Official Rules”) govern the sweepstakes that is offered by “Sponsor” (as defined below) (the “Sweepstakes”). The Sweepstakes begins on February 9, 2019 at 7:59 am Pacific Time and ends at 11:59 pm Pacific Time on February 15, 2018 (the “Promotion Period”). At the end of the Promotion Period, Sponsor shall randomly select Ten (10) “Prize” (as defined below) winners from among all eligible entries received during the Promotion Period, as more fully set forth below. By participating in the Sweepstakes, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Jam City, Inc., 3562 Eastham Drive, Culver City, CA 90232 United States of America (“Sponsor”), which shall be final and binding in all respects.
ELIGIBILITY: Only legal residents in the United States of America who are eighteen (18) years of age or older at the time of entry are eligible to enter. Directors, officers and employees of Sponsor, their parents, affiliates, subsidiaries, divisions, distributors, agents, professional advisors, printers and advertising, promotional and marketing agencies (all such individuals and entities collectively referred to herein as the “Promotion Entities”) and the immediate family members of each and persons living in the same household of each (whether related or not) are not eligible to enter the Sweepstakes or win a Prize. Only one entry per individual is valid.
HOW TO ENTER: During the Promotion Periods, an entrant who is an Instagram user, must engage on one of three Valentine’s day card posts (February 9, 2019, February 10, 2019, or February 11, 2019) by liking, sharing, tagging a friend, and/or commenting at http://instagram.com/playpandapop(“Sweepstakes Entry”). All entries must be completed before the end of the applicable Promotion Period in order to participate. Entry must be made by the entrant. Entries made by any other individual or any entity, including, but not limited to, commercial sweepstakes subscription notification and/or entering service sites, will be declared invalid and disqualified from the Sweepstakes. Tampering with the entry process or the operation of the Sweepstakes, including, but not limited to, the use of any device to automate the entry process, is prohibited and any entries deemed by Sponsor, in its sole discretion, to have been submitted in this manner will be void. Sponsor reserves the right in its sole discretion to disqualify any entrant who is acting in violation of these Official Rules, or to be acting in a disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Sweepstakes, or to threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. In the event a dispute regarding the identity of the entrant who actually submitted an entry cannot be resolved to Sponsor’s satisfaction, the affected entry will be deemed ineligible. The Sponsors shall not be responsible for incorrect or inaccurate entry information whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Sweepstakes or by any technical or human error which may occur in the processing of the entries in the Sweepstakes. The Sponsors assume no responsibility or liability for any error, omission, interruption, deletion, theft or destruction, loss, or unauthorized access to, or alteration of, entries. Any Sweepstakes Entry that is considered by Sponsor in its sole and absolute discretion to be obscene, pornographic or libelous, to constitute hate speech or that is otherwise objectionable, in whole or in part, will be disqualified and will not be eligible for entry.
PRIZES/ODDS: Ten (10) Prizes are available for each Promotion Period. Each Prize shall consist o:
Many entrants will enter the Sweepstakes, but only ten (10) entrants will win the Prize. The odds of winning depend upon the number of eligible entries received. Sponsor cannot accurately predict the number of entrants who will participate in the Sweepstakes.
DATES AND DEADLINES: Because of the unique nature and scope of the Sweepstakes, Sponsor reserves the right, in addition to those other rights reserved herein, to modify any dates or deadlines set forth in these Official Rules or otherwise governing the Sweepstakes.
WINNER SELECTION AND NOTIFICATION: Following the conclusion of the Promotion Period, Sponsor will randomly select Ten (10) Prize winners from all eligible entries received throughout the Promotion Period. The potential Prize winners will be notified via Instagram messenger. The Sponsors shall have no liability for any winner notification that is lost, intercepted or not received by a potential winner for any reason. If, despite reasonable efforts, a potential Prize winner does not respond within twenty-four (24) hours of the first notification attempt, or if a prize or prize notification is returned as unclaimed or undeliverable to such potential Prize winner, the potential Prize winner will forfeit the applicable prize and an alternate Prize winner may be randomly selected from remaining eligible entries received during the Promotion Period. If any potential winner is found to be ineligible, or if such potential winner has not complied with these Official Rules or declines the applicable prize for any reason prior to receipt, such potential winner will be disqualified and an alternate winner may be randomly selected from among the remaining eligible entries received during the Promotion Period. Sponsor may successively attempt to contact up to fifteen (15) potential Prize winners in accordance with such procedure, and if there is still no confirmed Prize winner after such attempts have been made, if any, the applicable prize for the Sweepstakes may go unawarded.
GENERAL PRIZE CONDITIONS: No cash alternative or substitution of any prize will be allowed, except Sponsor reserves the right in its sole discretion to substitute a prize with a prize of comparable value if the prize listed is unavailable, in whole or in part, for any reason. No more than the advertised number of prizes will be awarded. All portions of the prize(s) are non-assignable and non-transferable. All details and other restrictions of the prizes not specified in these Official Rules will be determined by Sponsor in its sole discretion. The Prize winners shall be responsible and liable for all federal, state and/or local taxes, and the reporting consequences thereof, and for any other fees or costs associated with receipt, acceptance or use of the applicable prizes. Sponsor is not responsible for and will not pay any such taxes, fees or costs. Each potential winner may be required to execute an Affidavit or Declaration of Eligibility, an additional Liability Release and (where imposing such condition is legal) a Publicity Release releasing Sponsor and each of their respective parents, subsidiaries, affiliates, shareholders, directors, officers, employees and agents from and against any and all claims, liabilities, contracts, agreements, causes of action, costs, expenses and obligations of every kind and nature whatsoever in and in connection with any Prize an entrant may win (collectively, “Prize Claim Documents”). The prize restrictions/conditions stated herein are not all-inclusive and the prizes described above may be subject to additional restrictions/conditions, which may be stated in the Prize Claim Documents.
GENERAL CONDITIONS: The Sweepstakes is void where prohibited, taxed or otherwise restricted by law and is subject to all applicable federal, state and local laws and regulations. Sponsor makes no warranties, and hereby disclaims any and all warranties, express or implied, concerning any prize furnished in connection with each independent Sweepstakes. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUCH PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SPONSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.
GRANT OF RIGHTS: By providing a Sweepstakes Entry in connection with the Sweepstakes, each entrant into the Sweepstakes hereby grants to Sponsor an irrevocable, perpetual, non-exclusive, transferable, free, worldwide license and right to reproduce, modify, publicly perform, publicly display, distribute and otherwise use such Sweepstakes Entry in all forms of media now known or hereafter developed for any lawful purpose, including, without limitation, advertising and publicity purposes, as well as in connection with the Sweepstakes, without further consideration, notification or permission of such entrant or any third party. Each entrant who enters the Sweepstakes represents and warrants that (a) the Sweepstakes Entry does not contain any harmful computer code and is not otherwise corrupted; (b) as of the date of Sweepstakes Entry, the Sweepstakes Entry is not the subject of any actual or threatened litigation or claim; (c) the Sweepstakes Entry does not and will not violate or infringe other people’s intellectual property (including, without limitation, copyright and trademark), privacy, publicity or other legal rights; and (d) the Sweepstakes Entry is not abusive, harassing, harmful to reputation, disparaging of Sponsor or its products, services or events, pornographic, immoral, offensive, sexually explicit, indecent, profane, obscene, hateful, racist, unnecessarily violent, derogatory of any ethnic, racial, gender, religious, professional or age group, encouraging of alcohol, illegal drugs, tobacco or firearms/weapons (or the use of any of the foregoing) or any activity that may appear unsafe or dangerous or otherwise objectionable and does not contain trademarks, logos or trade dress owned by others, without permission, any personal identification, such as full personal names, e-mail addresses or street addresses, copyrighted materials owned by others (including photographs, sculptures, paintings or other works of art or images published on or in websites, television, movies or other media) or anything not in keeping with Sponsor’s image. Each entrant hereby agrees to indemnify and defend the Promotion Entities, and each of their respective parents, subsidiaries, affiliates, shareholders, directors, officers, employees and agents from and against any and all third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of any of the covenants, representations and warranties of such entrant hereunder.
GENERAL LIABILITY RELEASE: Entry in the Sweepstakes constitutes each entrant’s permission for the Sponsor to use such entrant’s name, profile picture, video, photograph, image, likeness, voice, biographical information, statements and address (city and state) for advertising and/or publicity purposes worldwide and in all forms of media now known or hereafter developed, in perpetuity, without further compensation. Each entrant agree that the Sponsor: (A) shall not be responsible or liable for, and are hereby voluntarily and knowingly released, discharged and relinquished from, any and all claims (whether known or unknown), actions and lawsuits due in whole or in part, directly or indirectly, to such entrant’s participation in or preparation for the applicable independent Sweepstakes or any Sweepstakes-related activity (including, without limitation, travel to or from any place or location), whether such claim or action arises out of the negligence of any of the Sponsors or otherwise, or from such entrant’s acceptance, receipt, possession and/or use or misuse of any prizes (including, without limitation, costs, injury, losses or damages of any kind) and each entrant hereby freely and knowingly assumes all such risks, whether known or unknown, and regardless of whether they are detailed in this Agreement, including, but not limited to, risks of physical injury (including death) caused by physical activities and other physical interaction with objects, people and equipment failure or defect; and (B) has not made any warranty, representation or guarantee, whether express or implied, in fact or in law, with respect to any prize, including, without limitation, to such prize’s quality or fitness for a particular purpose. Sponsor assumes no responsibility for any damage to an entrant’s, or any other person’s, computer system which is occasioned by participating in the Sweepstakes, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature. Sponsor reserves the right to modify, extend, suspend or terminate the applicable independent Sweepstakes if it determines, in its sole discretion, that the applicable independent Sweepstakes is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other causes beyond Sponsor’s control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of the applicable independent Sweepstakes as contemplated herein.
FORCE MAJEURE: In the event an insufficient number of eligible entries are received and/or Sponsor is prevented from awarding the Prize for the Sweepstakes or continuing with the Sweepstakes as contemplated herein by any event beyond its control, including, but not limited to, fire, flood, natural or man-made epidemic of health or other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal, state or local government law, order or regulation, public health crisis, order of any court or jurisdiction or any other cause not reasonably within Sponsor’s control (each a “Force Majeure Event”), then Sponsor shall have the right to modify, suspend, extend or terminate the Sweepstakes. If the Sweepstakes is terminated before the end of the applicable Promotion Period, Sponsor may select the Prize winner in a random drawing from all eligible, non-suspect entries received as of the date of the Force Majeure Event giving rise to the termination. Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances. Only the type and quantity of prizes described in these Official Rules will be awarded. Sponsor, in its sole discretion, reserves the right to suspend, cancel or modify the Sweepstakes without notice or liability if the integrity of the Sweepstakes is compromised in any manner as determined by Sponsor, or if the Sweepstakes is not capable of being conducted as intended by Sponsor.
NATURE OF RELATIONSHIP/WAIVER OF EQUITABLE RELIEF: Each entrant hereby acknowledges and agrees that the relationship between such entrant and the Sponsors is not a confidential, fiduciary or other special relationship, and that such entrant’s decision to provide the entrant’s Sweepstakes Entry to Sponsor for purposes of the Sweepstakes does not place the Sponsors in a position that is any different from the position held by members of the general public with regard to elements of the entrant’s Sweepstakes Entry. Each entrant acknowledges that, with respect to any claim by such entrant relating to or arising out of a Promotion Entity’s actual or alleged exploitation or use of any Sweepstakes Entry or other material submitted in connection with the Sweepstakes, the damage, if any, thereby caused to the applicable entrant will not be irreparable or otherwise sufficient to entitle such entrant to seek injunctive or other equitable relief, and entrant’s rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
GOVERNING LAW/JURISDICTION: ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR SPONSOR IN CONNECTION WITH THE SWEEPSTAKES SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF CALIFORNIA WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OF CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S LAWS.
By participating in the Sweepstakes, each entrant agrees that (1) any claim, dispute or controversy (whether in contract, tort or otherwise) such entrant may have against the Sponsors arising out of, relating to or connected in any way with the Sweepstakes, the awarding or redemption of any prize and/or the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS; (2) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (3) the arbitration shall be held in Los Angeles County; (4) the arbitrator’s decision shall be controlled by the terms and conditions of these Official Rules and any of the other agreements referenced herein that the applicable entrant may have entered into in connection with the Sweepstakes; (5) the arbitrator shall apply California law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (6) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only the entrant’s and/or the applicable Promotion Entities’ individual claims and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (7) the arbitrator shall not have the power to award punitive damages against the entrant or any Promotion Entity; (8) in the event that the administrative fees and deposits that must be paid to initiate arbitration against any Promotion Entity exceed $125 USD, and the entrant is unable (or not required under the rules of JAMS) to pay any fees and deposits that exceed this amount, Sponsor agrees to pay them and/or forward them on the entrant’s behalf, subject to ultimate allocation by the arbitrator. In addition, if entrant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of entrant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (9) with the exception of subpart (6) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (6) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither any entrant nor Sponsor shall be entitled to arbitrate their dispute. For more information on JAMS and/or the rules of JAMS, visit PandaPop.jamsadr.com. If for any reason a claim proceeds in court rather than in arbitration, each entrant waives any right to a jury trial.
These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with law by a duly authorized representative of Sponsor. 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.
WINNER LIST: To receive any legally required copy of the name of Prize winner of the Sweepstakes, please send an e-mail to firstname.lastname@example.org or send a self-addressed stamped envelope to Pandatine’s Poppin Giveaway 2019 Giveaway Winner Name Request, 3562 Eastham Drive, Culver City, CA 90232. Vermont residents may omit postage. All such requests must be received within six (6) weeks after the end of the Promotion Period.
© Jam City, Inc.