StackCommerce 2022 The Incredible $5K Travel Giveaway
Official Rules
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED. StackCommerce 2022 The Incredible $5K Travel Giveaway (the “Promotion”) begins at 3:00:00 AM Pacific Time (“PT”) on June 15th, 2022 and ends at 11:59:00 PM PT on June 30nd, 2022 (the “Promotion Period”). The Promotion contains a game of chance (“Sweepstakes”). The computer clock of the Sponsor (defined below) is the official time-keeping device in the Promotion.
NOTICE OF PANDEMIC: DUE TO THE UNPRECEDENTED NATURE OF THE COVID-19 PANDEMIC, SPONSOR RESERVES THE RIGHT TO LIMIT, EXTEND, REVISE, OR CANCEL THE PROMOTION IN ITS SOLE DISCRETION AT ANY TIME.
GENERAL: Each winner hereby expressly grants to the Promotion Parties and their respective designees all rights to use and publish his/her name, likeness (photographic or simulated), voice, and province of residence for all purposes, including without limitation, advertising, marketing, promotional and publicity purposes in connection with this Promotion (“Advertising”), in any and all media now or hereafter devised, worldwide in perpetuity, without any form of notice or any amount or kind of compensation or permission, except where prohibited by applicable law. All copyright, trademark or other intellectual property rights in such Advertising shall be owned by Sponsor and/or its licensors, and each winning participant hereby disclaims and waives any claim of right to such Advertising. Such Advertising shall be solely under the control of Sponsor and/or its licensors, and each winner hereby waives any claim of control over the Advertising content as well as any possible claims of misuse of such winning recipient’s name, likeness or voice under contract, tort, privacy, or any other theory of law. The Promotion Parties do not assume any responsibility for any disruption in the Promotion Parties, including but not limited to the failure or interruption of any third party platform used to share a referral code such as Instagram or Facebook or any internet service provider. In the event there is a discrepancy or inconsistency between disclosures and other statements contained in any Promotion materials and the terms and conditions of these Official Rules, these Official Rules shall prevail, govern, and control. In no event will more prizes be awarded than those listed in Rule 5. All federal, state, and local laws and regulations apply. All decisions as to these Official Rules and interpretations thereof are exclusively within the sole discretion of the Promotion Parties and may be changed from time to time without notice. The Promotion Parties reserve the right to cancel or modify the Promotion at any time without notice. A potential winner may be requested to provide the Sponsor with proof that the potential winner is the authorized account holder of the email address associated with the winning Entry. The authorized account holder of an email address shall mean the natural person assigned to such account by the Internet access provider, online service provider, or other organization responsible for assigning email addresses for the domain associated with such account. If, in Sponsor’s sole determination, a dispute cannot be resolved, the Entry will be deemed ineligible. Entries generated by a script, macro or other automated means (including Entries submitted by a sweepstakes service) will be disqualified and transmissions from these or related mailing, email or IP addresses may be blocked. Entries that are incomplete, illegible, garbled, or corrupted are void and will not be accepted.
- CONDUCT: By participating in this Promotion, you agree to be bound by these Official Rules and the decisions of the Promotion Parties, which shall be final, binding and non-appealable in all respects. Failure to comply with these Official Rules may result in disqualification. The Promotion Parties reserve the right at their sole discretion to disqualify any individual found to be tampering with the participation process or the operation of the Promotion, or to be acting in any manner deemed by the Promotion Parties to be in violation of the Official Rules, or to be acting in any manner deemed by the Promotion Parties to be unsportsmanlike or disruptive, or with intent to annoy, abuse, threaten or harass any other person and void all associated Entries and/or registrations. CAUTION: ANY ATTEMPT BY A USER, YOU OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, THE PROMOTION PARTIES RESERVE THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. FORCE MAJEURE: IN THE EVENT THAT THE PROMOTION PARTIES ARE UNABLE TO PERFORM THEIR OBLIGATIONS UNDER THESE OFFICIAL RULES BECAUSE OF ACTS OF GOD, PANDEMIC, STRIKES, GOVERNMENT OR QUASI-GOVERNMENT OR BUSINESS SHUT DOWNS OR SLOW DOWNS, EQUIPMENT OR TRANSMISSION FAILURE OR DAMAGE REASONABLY BEYOND ITS CONTROL, OR OTHER CAUSES REASONABLY BEYOND ITS CONTROL, THE SPONSOR MAY MODIFY, TERMINATE, OR POSTPONE THIS PROMOTION, IN WHOLE OR IN PART, IN ITS SOLE DISCRETION AND THE PROMOTION PARTIES SHALL NOT BE LIABLE FOR DAMAGES TO ANY ENTRANT OR PRESUMED ENTRANT FOR ANY DAMAGES RESULTING FROM SUCH FAILURE TO PERFORM, DELAY TO PERFORM OR OTHERWISE FROM SUCH CAUSES.
- LIMITATIONS OF LIABILITY: The Promotion Parties assume no responsibility or liability for (a) lost, late, stolen, undelivered, inaccurate, incomplete, delayed, misdirected, damaged or garbled registrations, Entries, URLs, or emails; (b) any incorrect or inaccurate Entry information, or for any faulty or failed electronic data transmissions; (c) any unauthorized access to, or theft, destruction or alteration of Entries or registrations at any point in the operation of this Promotion; (d) any technical malfunction, failure, error, omission, interruption, deletion, defect, delay in operation or communications line failure, regardless of cause, with regard to any equipment, systems, networks, lines, cable, satellites, servers, computers or providers utilized in any aspect of the operation of the Promotion; (e) inaccessibility or unavailability of the Internet or the Web Site or any combination thereof or for computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Promotion, including, without limitation, errors or difficulties which may occur in connection with the administration of the Promotion, the processing of Entries, social networking posts, or registrations, the announcement of the prizes, or in any other Promotion-related materials; or (f) any injury or damage to participants or to any other person’s computer which may be related to or resulting from any attempt to participate in the Promotion. If, for any reason, the Promotion (or any part thereof) is not capable of running as planned for reasons which may include, without limitation, pandemic, shut downs, infection by computer virus, tampering, unauthorized intervention, fraud, technical failures, or any other causes which may corrupt or affect the administration, security, fairness, integrity or proper conduct of this Promotion, then the Promotion Parties reserve the right at their sole discretion to cancel, terminate, modify or suspend the Promotion in whole or in part. If terminated, the Promotion Parties will award the prizes from among all non-suspect, eligible Entries received for the Promotion up to the time of such action.
- RELEASES: All participants, as a condition of participation in this Promotion, agree to release, hold harmless and indemnify the Promotion Parties from and against any and all liability, claims, damages, or actions of any kind whatsoever for injuries, damages, or losses to persons or property which may be sustained, in whole or in part, directly or indirectly, in connection with (i) participation in any aspect of the Promotion, (ii) the receipt, ownership or use of the prize awarded, including any travel associated with any prize, (iii) participant’s registration material on any related website, or (iv) any typographical or other error in these Official Rules. Entrants further covenant not to sue any Released Parties and hereby acknowledge that none of the Released Parties have made or is in any manner responsible or liable for any third party claims, warranty, representation or guarantee, express or implied, in fact or in law, relative to the Sweepstakes or the prizes. By participating in the Sweepstakes and/or accepting any prize that may be awarded, entrants agree to fully indemnify each Released Party from any and all such claims by third parties without limitation. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE ANY AND ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA, WHICH PROVIDES AS FOLLOWS:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
You expressly waive and release any right or benefit which you have or may have under Section 1542 of the Civil Code of the State of California, to the full extent that you may waive all such rights and benefits pertaining to the matters released here. In connection with such waiver and relinquishment, you acknowledge that you are aware that you may hereafter discover claims presently unknown or unsuspected, or facts in addition to or different from those which you now know or believe to be true, with respect to the matters released herein; nevertheless, it is your intention through this release to fully and finally and forever settle and release all such matters and claims relative thereto, which do not exist, may exist or heretofore have existed between you and the Released Parties. The release herein given shall be and remain in effect as a full and complete release of such claims and matters notwithstanding the discovery or existence of any such additional or different claims or facts relative thereto.
Entrants agree that StackCommerce, Facebook, and any other Released Parties shall not be responsible or liable for any losses, damages or injuries of any kind resulting from the Sweepstakes or any Sweepstakes-related activity (including any travel or events related to prizes awarded). StackCommerce, Facebook, and any other Released Parties assume no responsibility for any damage to an entrant’s computer system which is occasioned by accessing or 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. In the event StackCommerce is prevented from continuing with the Sweepstakes (or awarding any prize) as contemplated herein by any event beyond its control, including but not limited to fire, flood, earthquake, explosion, labor dispute or strike, act of God or public enemy, or any federal, state or local government law, order, or regulation, or other cause not reasonably within StackCommerce’s control (each a “Force Majeure” event or occurrence), then subject to any governmental approval which may be required, StackCommerce shall have the right to modify, suspend, or terminate the Sweepstakes.
- PARTICIPATION. By entering this Sweepstakes, entrants agree to be bound by these Official Rules and the decisions of StackCommerce. If the potential winner declines the prize, fails to claim the prize, is unavailable for prize fulfillment, fails to abide by the Official Rules, or is ineligible, StackCommerce may randomly select an alternate winner from all remaining eligible entries. StackCommerce reserves the right to disqualify persons found tampering with or otherwise abusing any aspect of this Sweepstakes as solely determined by StackCommerce. StackCommerce is not responsible for any non-intentional, incorrect or inaccurate information associated with this Sweepstakes or for any technical or human error that may occur in the administration of this Sweepstakes. In the event the Sweepstakes is compromised by a virus, non-authorized human intervention, tampering or other causes which corrupts or impairs the administration, security, fairness or proper operation of the Sweepstakes, StackCommerce reserves the right in its sole discretion to suspend, modify or terminate the Sweepstakes. Should the Sweepstakes be terminated prior to the stated expiration date, StackCommerce reserves the right to award prizes based on the entries received before the termination date. The winner releases Sponsor and their affiliated companies from any claims, costs, expenses or liability incurred by winner in connection with this Sweepstakes or winner’s acceptance and use of the prize, including any travel related thereto. StackCommerce’s failure to enforce any of these Official Rules shall not constitute a waiver of that provision.
- PUBLICITY. Except where prohibited by law, participation in the Sweepstakes constitutes winner’s consent to Sponsor’s and its agents’ use of winner’s name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes, in any and all media worldwide, for any purpose and without further payment or consideration, including without limitation, commercial, advertising and promotional purposes as well as in, on or in connection with Sweepstakes or other promotions, and hereby releases StackCommerce from any liability with respect thereto, unless prohibited by law.
- DISPUTES. Any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any prize awarded shall be resolved in accordance with the dispute resolution procedures set forth in our Terms of Service (section 19) https://stacksocial.com/terms. Please review carefully as those procedures require binding arbitration (in most instances) and waive any class action rights. You acknowledge and agree that those procedures provide your sole and exclusive avenue for resolving disputes related to the Sweepstakes.
- CONSTRUCTION. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any such provision is determined to be invalid or otherwise unenforceable, these rules shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein.
- CHOICE OF LAW AND JURISDICTION: Except where prohibited, all issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of entrants or winners, Sponsor in connection with this Promotion, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of California or any other jurisdiction), which might otherwise cause the application of the laws of any jurisdiction other than the State of California. Any action seeking legal or equitable relief arising out of or relating to the Promotion or these Official Rules shall be brought only in the courts of the State of California. You hereby irrevocably consent to the personal jurisdiction of said courts and waive any claim of forum non-convenience or lack of personal jurisdiction they may have.
- TAX INFORMATION: All federal, state, local, and other taxes on prizes and any other costs and expenses associated with prize acceptance and use not specified herein as being provided, are the sole responsibility of the applicable winner. A 1099 tax form (preceded by a W9 Form) will be issued to the Grand Prize Winner.
- WINNER LIST. For a copy of the name of the winner(s), available after 11:59 PM PDT on 7/6/2022 + 1 month or a copy of these Official Rules, send a self-addressed, stamped envelope to, StackCommerce, Inc., Attn: “Winner List/Official Rules” for StackCommerce 2022 StackCommerce 2022 The Incredible $5K Travel Giveaway, 21 Market Street, Los Angeles, California 90291
- FACEBOOK DISCLOSURES. The Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Facebook.