Official Sweepstake Rules
$4,000 Trick-or-Treat Yourself Sweepstakes
NO PURCHASE IS NECESSARY TO ENTER OR TO WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR ODDS OF WINNING. ALL FEDERAL, STATE AND LOCAL LAWS, RULES AND REGULATIONS APPLY. VOID WHERE PROHIBITED BY LAW.
- SWEEPSTAKE PERIOD. This sweepstake (the “Sweepstake“) is sponsored by Frankly Media, Inc., LLC d/b/a Frankly Media located at 2110 Powers Ferry Road, Suite 450, Atlanta, GA 30339 (the “Sponsor“) and runs between 09/29/2020 at 2:00 AM CT (“Eastern Time”) and 10/26/2020 at 2:00 AM CT (the “Sweepstake Period“). The clock used by Sponsor to compute the Entries (as such term is defined below) will be the official clock to determine the date and time of receipt of an Entry.
For the purposes of this Sweepstake, the “Sweepstake Group” is composed of the Sponsor and NRG (the “Publisher“) together with their respective affiliate, related parent, sister and subsidiary companies, retailers, franchisees, and any other corporation, partnership, so proprietorship or other legal entity directly involved in the Sweepstakes and each of their respective officers, directors, employees, agents, dealers and other representatives.
- The Sweepstake is open to all legal residents of the fifty (50) United States and the District of Columbia who are at least eighteen (18) years of age at the time of entry. Each entrant must have a valid mailing address in the United States (a P.O. box will not suffice). Excluded from the eligibility are the members of the Sweepstake Group as well as any member of their immediate family (defined as parents, siblings and spouses, and children, regardless of where they reside) and those with whom they are domiciled (whether or not related).
- TO ENTER.NO PURCHASE NECESSARY.Online Entry: LIMIT: one (1) online entry per person per day during the Sweepstake Period.To obtain one (1) online entry into the Sweepstake you must (i) have a registered member account on the Publisher’s website. If you do not already have one you can create one free of charge; and (ii) visit https://digitalivy.com/6NJTHC (the “Sweepstake Website”) during the Sweepstake Period and complete the entry form with your full name, email address, age and ZIP code and, if required, submit the required number of points, which number of points will then be deducted from your account. An entry will not be valid unless all of the required fields of the online entry form are completed and the information is valid.
By submitting your Entry, you are indicating that you have read and accepted these Official Sweepstake Rules.
The entrant must submit each Entry personally. Entries are limited to one per person per day during the Sweepstake Period. All Entries must be received during the Sweepstake Period. The Sweepstake Group is not responsible for entries which it does not receive due to technological/server error.
Multiple entrants are not permitted to share the same email address. Any attempt by any entrant to submit more than the permitted number of Entries by using multiple/different email addresses, member accounts, identities, registrations and logins, or any other methods will void that entrant’s Entries and that entrant may be disqualified within Sponsor’s sole discretion. Use of any automated system to participate is prohibited and will result in disqualification and all associated Entries will be void. In the event of a dispute as to the identity of any person who submitted an Entry, the authorized account holder of the email address or the member account used to enter will be deemed to be the entrant and must comply with these Official Sweepstake Rules. The “authorized account holder” is the natural person assigned an email address or member account by an Internet access provider, online service provider or other organization responsible for assigning email addresses or member accounts for the domain associated with the submitted address. Potential winners may be required to show proof of being the authorized account holder.
- PRIZE. There is one grand prize available to be won, consisting of a cash award in the amount of four thousand US Dollars (US$4,000) (the “Prizes“). Prize is non-transferable. No more than the stated number or value of Prizes will be awarded. All taxes, fees, and surcharges on prize are the sole responsibility of the winner. Winner may be required to complete a W-9 taxpayer identification form.
- SELECTION. Limit: One (1) Prize during the Sweepstake Period. On 10/26/20 at Sponsor’s offices located at 2110 Powers Ferry Road, Suite 470, Atlanta, GA 30339, at approximately 08:00 AM ET, one (1) Entry will be selected at random from all eligible Entries received during the Sweepstake Period as eligible to win the Prize.
- NOTIFICATION AND PRIZE DELIVERY. The selected entrants will be notified by email and/or by telephone, using information provided at the time of entry, within approximately five (5) business days of the draw date. If a potential winner fails to respond within the three (3) day period following attempted notification or if the notification is consistently returned as undeliverable or fails to reach the potential winner for any reason (including, without limitation “soft” and “hard” email bounces) or if the potential winner fails to respond for any reason to the notification as directed, the potential winner will be disqualified and, time permitting, an alternate winner will be selected, who will be subject to disqualification in the same manner.
Sponsor’s agent or representative will arrange for delivery of the Prize by mail to the mailing address provided by the winner. Sponsor is not responsible for any change in entrant’s email and mailing address. Sponsor is not responsible for any costs incurred by a winner to collect their prize. Sponsor will not ship any prizes to an address outside the United States.
Prior to being confirmed as the winner, the selected entrant may be required to sign and return within ten (10) business days of notification the Sponsor’s declaration and release form, which (among other things): (i) confirms compliance with these Official Sweepstake Rules, (ii) acknowledges acceptance of the Prize as awarded; and (iii) releases the Sweepstake Group from any and all liability in connection with the Sweepstake. Failure to sign and return the affidavit and release within such period or to comply with any term or condition of these Official Sweepstake Rules may result in disqualification and forfeiture of any interest in the Prize and the Sponsor reserves the right, in its sole and absolute discretion, to randomly select an alternate eligible entrant from among the remaining eligible entries (in which case the foregoing provisions of this section shall apply to such new selected entrant).
- Odds of winning depend on the total number of eligible Entries received for each drawing. Sweepstakes may be offered in multiple presentations conducted regionally or nationally in multiple cities and through other websites, and odds of winning may depend on number of eligible entries received through such other presentations.
- PERSONAL INFORMATION.Sponsor and its authorized agents will collect, use, and disclose the personal information you provide when you enter the Sweepstake for the purposes of administering the Sweepstake and prize fulfillment. By entering this Sweepstake, you consent to such collection, use, and disclosure of your personal information. You may also be offered the opportunity to receive additional communications from Sponsor about its products, and upcoming sweepstakes and promotions.
By accepting a prize, the winner agrees to the Sweepstake Group’s use of his/her name, city/state of residence, picture, biographical information, statements, voice and likeness in any advertising and publicity Sponsor may conduct relating to the Sweepstake in any media or format, whether now known or hereafter developed, including but not limited to the World Wide Web, at any time or times in perpetuity, without further compensation or notice.
- RIGHT TO VOID / MODIFY / SUSPEND.Sponsor reserves the right to terminate, suspend or modify this Sweepstake, or these Official Sweepstake Rules, in whole or in part, at any time and without notice or obligation if, in Sponsor’s sole opinion, any factor interferes with its proper conduct as contemplated by these Official Sweepstake Rules. Without limiting the generality of the foregoing, if the Sweepstake, or any part thereof, is not capable of running as planned for any reason, including but not limited to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, programming errors, or technical failures, which, in the sole opinion of Sponsor, corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstake, Sponsor may, in its sole discretion, void any suspect Entries and: (a) terminate the Sweepstake, or any portion thereof; (b) modify or suspend the Sweepstake, or any portion thereof, to address the impairment and then resume the Sweepstake, or relevant portion, in a manner that best conforms to the spirit of these Official Sweepstake Rules; and/or (c) award the Prize from among the eligible, non-suspect Entries received up to the time of the impairment in accordance with the winner selection criteria discussed above.
- LIMITATION OF LIABILITY AND RELEASES.By participating in this Sweepstake, entrants agree to release and hold harmless all of the members of the Sweepstake Group (collectively, the “Releasees“) from and against any and all claims, injury or damage (including without limitation direct, indirect, incidental, consequential or punitive damages), to persons or property, arising out of or relating to (a) entry or participation in this Sweepstake, including access to and use of the Sweepstake website, (b) any claims based on personality or privacy rights, defamation or prize delivery, or (c) the possession, use, misuse, or redemption of a prize (including any travel or activity related thereto), or the merchandise in which it is redeemed, if applicable. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore such exclusions may not apply to you.
Without limiting the foregoing, the Releasees and any of Sponsor’s other agencies, suppliers or contractors, shall not be responsible for: (a) any incomplete or inaccurate information that is caused by Sweepstake Website users, or by any of the equipment or programming associated with or utilized in the Sweepstake, or by any technical or human error which may occur in the processing of submissions in the Sweepstake; (b) lost, interrupted, or unavailable network, server, service provider, on-line systems, telephone networks or telephone lines, or any other connections; (c) the theft, destruction, loss or unauthorized access to, or alteration of, Entries; (d) any problems with, or malfunctions or failures of, telephone networks or lines, computers or computer on-line systems, servers or providers, computer equipment, software, viruses or bugs; (e) garbled transmissions or miscommunications; (f) failure of any email to be received by or from any contest judging organization or Sponsor for any reason, including but not limited to traffic congestion on the Internet or at any website or combination thereof or technical incompatibility; (g) damage to a user’s computer equipment (software or hardware) occasioned by participation or downloading of materials related to this Sweepstake; (h) printing, distribution, programming or production errors, and any other errors or malfunctions of any kind, whether human, mechanical, electronic or otherwise; or (i) technical, pictorial, typographical or editorial errors or omissions contained herein.
- GENERAL CONDITIONS.Participation in this Sweepstake constitutes agreement by entrant to these Official Sweepstake Rules. Winning a prize is contingent on fulfilling all the requirements set forth herein. All Entries and prize claims are subject to verification. Proof of Entry submission does not constitute proof of receipt. Entrants agree to abide by these Official Sweepstake Rules. Sweepstake is subject to all applicable federal, state, local and municipal laws. Void where prohibited. Sponsor reserves the right to correct any typographical, printing, computer programming or operator errors. Sponsor’s failure to enforce any term of these Official Sweepstake Rules shall not constitute a waiver of that provision. The invalidity or unenforceability of any provision of these Official Sweepstake Rules shall not affect the validity or enforceability of any other provision. If any provision of the Official Sweepstake Rules is determined to be invalid or otherwise unenforceable, then the Official Sweepstake Rules shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein. Should a winner make any false statement(s) in any document referenced above, the winner will be required to promptly return to Sponsor his/her prize, or the cash value thereof. Sponsor reserves the right to disqualify any entrant where it is suspected or evident that tampering with the Sweepstake operation, or a violation of these Official Sweepstake Rules, has occurred. WARNING: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS Sweepstake OR UNDERMINE THE LEGITIMATE OPERATION OF THE Sweepstake IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SPONSOR RESERVES THE RIGHT TO PROSECUTE AND SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW.
Any questions, comments or complaints regarding the Sweepstake must be directed solely to Sponsor. All trademarks are the property of their respective owners.
- Sweepstake Disputes. Any and all disputes which cannot be resolved between the parties, and any causes of action arising out of or connected to the Sweepstake, shall be resolved individually, without resort to any form of class action. Entrants consent to the exclusive jurisdiction of the courts located in Cobb County, Georgia, and agree that all matters pertaining to these Official Sweepstake Rules and disputes arising hereunder shall be governed by and interpreted in accordance with the laws of the State of Georgia, without regard to any conflicts or choice of law rules or provisions (whether of Georgia or any other jurisdiction). Further, in any such dispute, under no circumstances will participant be permitted to obtain awards for, and participant hereby waives all rights to claim, punitive, incidental or consequential damages, including attorneys’ fees, other than participant’s actual out-of-pocket expenses (i.e., his or her costs associated with entering this Sweepstake), and participant further waives all rights to have damages multiplied or increased. The invalidity or unenforceability of any provision of these Official Sweepstake Rules shall not affect the validity or enforceability of any other provision. In the event that any provision of these Official Sweepstake Rules is found to be invalid or unenforceable, these Official Sweepstake Rules shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein.
- Winner’s List: To obtain a copy of the winner’s list, available thirty (30) days following the end of the Sweepstake Period, please send a self-addressed, stamped envelope to: Frankly Media Sweepstakes Winner’s List, 2110 Powers Ferry Road, Suite 470, Atlanta, GA 30339. Please indicate which Sweepstakes winner’s list you would like to receive.