Official Rules
Updated: December 1, 2016
OFFICIAL RULES VOID OUTSIDE THE 50 UNITED STATES AND WHERE PROHIBITED.
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT IMPROVE YOUR CHANCES OF WINNING.
1. ELIGIBILITY:
This Daily Giveaway ("Sweepstakes") is sponsored by Overall Media, Inc.("Sponsor") and is offered and open only to legal residents of one the 50 United States and the District of Columbia (except Puerto Rico), who are at least eighteen (18) years old at the time of participation. Any person who is an employee, officer, or director of Sponsor or is directly connected with the management of the Sweepstakes, the Sweepstakes computer systems, or the Sweepstakes security systems is not eligible. This Sweepstakes is also void in any jurisdiction where prohibited.
Participation in the Sweepstakes constitutes entrant's full and unconditional agreement to, and acceptance of, these Official Rules including the agreement that all decisions of Sponsor are final and binding in all respects on all entrants. Winning a prize is contingent upon entrant fulfilling all requirements set forth in these Official Rules. All entrants into the sweepstakes affirm and acknowledge that they are in a jurisdiction that is covered by our sweepstakes.
2. PROMOTION PERIOD/SWEEPSTAKES PERIODS:
The Promotion Period ("Promotion Period") for the Sweepstakes begins each day at 12:00:00 p.m. United States Eastern Time (CT) and will end 24 hours later at 11:59:59 a.m. CT.
3. PARTCIPATION IN SWEEPSTAKES:
A person can participate in the Sweepstakes in the following ways: (i.) by completing an online or mobile registration form or application that Sponsor, its affiliates, or partners offer that provide for entry into the Sweepstakes; (ii.) by purchasing any product or service that Sponsor, its affiliates, or partners offer that provide for entry into the Sweepstakes; (iii.) by taking surveys, playing games, watching videos, or engaging in any other activities that Sponsor, its affiliates, or partners offer that provide for entry into the Sweepstakes; and (iv.) by mail. This Sweepstakes may be presented in conjunction with different offers sponsored or co-sponsored by Sponsor, its affiliates, and partners, and may be presented in conjunction with offers sponsored by different organizations. Sweepstakes may be presented in different creative presentations by different organizations and under different creative titles.
Mail-In Entries: To participate via mail, an entrant must neatly hand print in blue or black ink on a white 3 inch by 5 inch card or piece of paper your first and last name, your complete mailing address with zip or postal code, your daytime phone number, and email address if you have access to email. Mail the card or paper in a first class postage paid (metered mail is not accepted) envelope to: Giveaway A Day, Drawing Entry, 855 Village Center Drive Suite # 336 St. Paul, MN 55127. While you may enter as often as you wish there is a limit of one card or piece of paper per postage stamped outer mailing envelope, and each outer mailing envelope must be hand printed. Further, the entrant's hand printed truthful return address must appear in the outer mailing envelope's upper left corner. Mail-in entries are unlimited.
Entries must be received and recorded by Sponsor computers by 11:59:59 a.m. ET on the day of the promotion described in Rule 2 in order to be eligible to win the prizes described in Rule 9 below.
4. USER CONDUCT:
You may not use the App or Service to:
You shall not: (a) modify, adapt or create derivative works based on the App, the Service available from Overall Media, Inc. or the Apps content; (b) "frame" or "mirror" any content or create Internet links to or from the App; or (c) disassemble, reverse engineer, or decompile the Service provided via this App or its content, or access the App or its content in order to build a competitive product or service, build a product or service using similar ideas, features, functions or graphics, or copy any ideas, features, functions or graphics.
Any special rules for the use of certain content accessible through Services available through this App may be included elsewhere within the App and are incorporated into these Official Rules by reference.
Overall Media, Inc. reserves the right, without prior notice and in its sole discretion, to decide whether any Member violates these Official Rules for any of the above reasons or for any other reason, and if so, to remove offending content and/or terminate your access to the App and/or the Service and deny any prizes claimed.
5. BOTNETS
Use of botnets or any other automated means of accessing or using the Service, or to deceptively obtain item of value through the App or Service are expressly prohibited and any such use shall constitute a violation of these Terms of Use. Use of botnets or other automated means to acquire rewards through the App or Service constitutes fraud which Overall Media, Inc. may fight through any legal means. Overall Media, Inc. retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, Overall Media, Inc. reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion. Overall Media, Inc. does not support the use of anonymous proxies, including Virtual Private Networks (VPNs) and reserves the right to terminate service for any device found to be using an anonymous proxy or VPN.
6. THIRD-PARTY APPS
Our App may include links to other Apps on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party App. You should contact the App administrator or webmaster for those third-party Apps if you have any concerns regarding such links or the content located on such Apps. Your use of those third-party Apps is subject to the terms of use and privacy policies of each App, and we are not responsible therein. We encourage all Members to review said privacy policies of third-parties' Apps.
7. WINNING ENTRY SELECTION/ODDS:
Sponsor will attempt to complete a random drawing within five (5) business days of the end of the Sweepstakes' Promotion Period to select one (1) potential prize winner for the Sweepstakes from among all eligible entries received for that drawing. The random drawing will be conducted by, or under the supervision of, the Sponsor.
Odds. The odds of winning this Sweepstakes depend on the number of eligible entries received for the drawing.
8. WINNER NOTIFICATION:
For any drawing, Sponsor or a company acting on its behalf will attempt to notify on or before five (5) business days after the drawing the potential winner in person, by telephone, by mail, overnight mail, email, text, digital alert, or in such other manner as determined by Sponsor. Notice will be delivered and deemed made in accordance with the contact information or method of contact provided to sponsor when the participant registered for an entry into the Sweepstakes. Notice will be delivered to mail-in participants by using the contact information the mail-in participant included with their mail-in entry. It is the sole responsibility of each Sweepstakes participant to maintain their contact information or method current. If the potential winner did not register with contact information, they will be notified by Email or in such other manner as determined by Sponsor. Neither sponsor nor any other person or entity shall have any responsibility or liability for failure to provide notice due to a Sweepstakes participant's failure to maintain their contact information or method of contact current. Should Sponsor or a company acting on its behalf be unable to contact and verify a potential prize winner or if winner fails to provide proof of identity, refuses to provide required affidavit, is found to have violated these Official Rules, or otherwise does not meet eligibility criteria, prize will be forfeited and awarded to an alternate winner in a random drawing. If Sponsor is unable for any reason to award a drawing prize to a potential alternate winner, Sponsor reserves the right to select an additional alternate potential winner and award the prize to the alternate potential winner or to donate the prize to a charity chosen by the Sponsor.
9. PRIZE AWARDS:
One (1) winner each day will receive his/her prize after they have taken the steps to claim the prize. These steps may include submitting additional information for delivery, collecting the prize through Amazon or other online retail locations.
Expenses not stated are the sole responsibility of the prize winner. If a winner of the prize cannot accept a prize in person, the prize may be forfeited in its entirety. No assignment, transfer or substitution of a prize is permitted.
All taxes on prizes, if any, will be the sole responsibility of the winner to pay, and prizes will be reported as required by law, rule or regulation.
No participant will be declared a valid winner until verification and compliance with these Official Rules is properly completed as solely determined by Sponsor, and the participant has received official notification of being declared a winner. If Sponsor, in its sole discretion, determines that an entrant with a winning entry is not a valid winner, the prize will be forfeited. Sponsor reserves the right to select an alternate potential winner and award the prize to the alternate potential winner or donate the prize to a charity chosen by Sponsor.
10. GENERAL CONDITIONS
Participants (and each participant's parent/legal guardian if a participant is a minor) agree (a) that Sponsor, its affiliated companies, advertising and promotion companies, resource and computer servicing companies and security agencies, and all of their respective officers, directors, employees, representatives and agents (individually and collectively referred to as "Sponsor, affiliates, partners and personnel") are released, will have no liability whatsoever for, and shall be held harmless by participants, entrants and winners against any liability for any injuries, losses or damages of any kind (whether due to negligence or otherwise) to person(s), including death, or property resulting in whole or in part, directly or indirectly, from acceptance, possession, loss, misuse or use of the prize or participation in this Sweepstakes or any Sweepstakes related or travel related activities, and, (b) each potential winner and winner (and his/her parent/legal guardian if a winner is a minor) agrees to provide Sponsor a photograph of themselves and grants permission to Sponsor and those acting under its authority the right to the use of his/her name, picture, Facebook profile pictures, likeness, voice, biographical information and statements, at any time or times, in perpetuity, for advertising, trade, publicity and promotional purposes without additional compensation, in all media now known or hereafter discovered, worldwide and on the Internet, World Wide Web and other media (except where such usage is legally prohibited), without notice, review or approval. Each potential winner (and his/her parent/legal guardian if a potential winner is a minor) will be required to complete, sign and return an Affidavit of Eligibility, a Liability Release, and where lawful a Publicity Release, and provide Sponsor with a true copy of a government issued photo identification, for example valid driver's license or passport, within twenty-eight (28) days of date of notification. If documents are not returned timely, or if the prize notification or prize is returned as non-deliverable, or if the potential winner is found to be ineligible or otherwise not in compliance with these Official Rules, the prize will be forfeited and it will be awarded to an alternate winner
11. LIABILITY LIMITATIONS:
Sponsor, affiliates, partners, and personnel are not responsible for lost, late, misdirected, incomplete, postage due or non-delivered entries, mail or email; or for interrupted or unavailable satellite, network, server, Internet Service Provider (ISP), Web site, telephone or other connections, availability or accessibility, or miscommunications, or failed computer, satellite, telephone or cable transmissions, or lines, or technical or programming error or failure or jumbled, corrupted, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures, or technical errors or difficulties, or other errors of any kind whether human, mechanical, electronic or network or the incorrect or inaccurate capture of registration, entry or other information or the failure to capture, or loss of, any information. Persons who tamper with or abuse any aspect of this Sweepstakes, as solely determined by Sponsor, will be disqualified. Any use of robotic, automatic, macro, programmed, third party or like entry methods will void all such entries by such methods, and disqualify any entrant using such methods. Sponsor, affiliates, partners, and personnel are not responsible for injury or damage to participants' or to any other person's computer related to, or resulting from, participating in this Sweepstakes or downloading materials from, or use of, the Web site. Should any portion of the Sweepstakes be, in Sponsor's sole opinion, compromised by virus, worms, bugs, non-authorized human intervention, technical failures or any other causes which, in the sole opinion of Sponsor, corrupt or impair the administration, security, fairness or proper play, or submission of entries, Sponsor reserves the right at its sole discretion to suspend, modify or terminate the Sweepstakes, and select any winner from entries received prior to action taken or as otherwise deemed fair and appropriate by Sponsor. Sponsor, affiliates, partners, and personnel are not responsible for any incorrect or inaccurate information, whether caused by Web site users, tampering, hacking, or by any equipment or programming associated with, or utilized in, the Sweepstakes, and assume no responsibility for any error, interruption, deletion, defect, delay in operation, or transmission, communications line failure, theft or destruction, or unauthorized access to, or use to, this Web site. In the event of any irregular entry for a drawing for any reason whatsoever Sponsor, affiliates, partners, and personnel sole liability will be to provide one entry in the next scheduled drawing (or as soon thereafter as practical) and will have no liability if there are no remaining drawings in the Promotion Period No more than the stated number of prizes in these Official Rules in any prize category will be awarded. In the event that production, technical, programming, digital or any other reasons cause more than the stated number of prizes in any prize category, as set forth in these Official Rules, to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes in that prize category by a random drawing among all legitimate, un-awarded, eligible prize claims.
If you enter this Sweepstakes online or via the mobile app, you are solely responsible for the security of your user account. You should take precautions to keep it private to prevent unauthorized use. Neither Sponsor nor any other person or entity will be responsible for any losses, damages or consequences you may suffer due to careless or unauthorized use of your account.
IN NO EVENT WILL SPONSOR, AFFILIATES, PARTNERS, AND PERSONNEL BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, AND USE OF, THE WEB SITE OR DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SAID WEB SITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THIS WEB SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
ENTRANTS UNDERSTAND AND AGREE THAT THE SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH, FACEBOOK, APPLE OR AMAZON.COM. ENTRANTS FURTHER UNDERSTAND AND AGREE THAT IN NO EVENT WILL FACEBOOK, APPLE OR AMAZON.COM. BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE SWEEPSTAKES.
12. PRIVACY POLICY:
Information submitted with an entry is subject to the Sponsor Privacy Policy stated on the Sponsor web site. To read the Privacy Policy access the Web site and click on the Privacy Policy link or go to http://www.giveawayaday.com/privacy-policy.html. In some cases where registration with Sponsor occurs on a website operated by third parties you will be subject to the Privacy Policy of those third party websites. As such, Sponsor is not responsible for the content, practices, or information practices (including but not limited to information practices relative to the gathering and use of personally identifiable information ("PII")) of the websites operated by these third parties. All users should check the relevant website's privacy policy and terms of use in order to understand their policies and practices regarding the collection and use of PII. Each potential winner and winner (and his/her parent/legal guardian if a winner is a minor) agrees to provide Sponsor a photograph of themselves and grants permission to Sponsor and those acting under its authority the right to the use of his/her name, picture, Facebook profile pictures, likeness, voice, biographical information and statements, at any time or times, in perpetuity, for advertising, trade, publicity and promotional purposes without additional compensation, in all media now known or hereafter discovered, worldwide and on the Internet, World Wide Web and other media (except where such usage is legally prohibited), without notice, review or approval.
13. INVALIDITY:
The invalidity or unenforceability of any provision or portion of a provision of these Official Rules shall not affect the validity or enforceability of any other provision or portion of a provision. In the event that any provision or portion of a provision is determined to be invalid or otherwise unenforceable or illegal, the balance of these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision or portion of a provision were not contained herein. Headings and captions are used in these Official Rules solely for ease of reference, and shall not be deemed to affect in any manner the meaning or intent of these Official Rules or any provision or portion of a provision hereof. These Official Rules cannot be modified or amended in any way except in writing by a duly authorized representative of Sponsor.
14. FORCE MAJEURE:
In the event of fire, flood, epidemic, earthquake, explosion, accident or other act of God, act of public enemy; act of government, including any governmental order, regulation or order of any court of competent jurisdiction; lockout, strike or other labor dispute; riot or civil commotion; war (whether declared or undeclared) or armed conflict; acts of terrorism; enactment of, rule, or order or act of government or governmental instrumentality (whether federal, provincial, state or local); or other cause of similar or different nature beyond Sponsor's control (all of which events are referred to herein as "force majeure events"), Sponsor shall have the right to terminate this Sweepstakes drawing without further obligations, if any, hereunder, or at Sponsor's sole option, to suspend the Sweepstakes drawing for a period equal to the duration and the effect of the duration of any such force majeure event.
15. LANGUAGES:
In the event that these Rules, or any advertising, promotion, or other written, printed, or graphic material, including but not limited to such materials appearing on the World Wide Web are presented in a language other than English and there is a discrepancy, inconsistency or interpretation issue between the English language version and the other language version of these Official Rules or of any materials, the English version shall prevail, govern and control. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any materials and the terms and conditions of these Official Rules, these Official Rules shall prevail, govern and control.
16. ARBITRATION DISPUTE RESOLUTION/CHOICE OF LAW:
Except where prohibited, entrants agree that: (1) any and all disputes, claims, and causes of action arising out of or connected with this Sweepstakes, or any prize awarded, or the determination of the winner, shall be resolved individually, without resort to any form of class action, and exclusively through final and binding arbitration by an alternative dispute mediator chosen by Sponsor in accordance with the rules of such alternative dispute mediator’s firm; and (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs directly associated with entering this Sweepstakes but in no event attorneys' fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental and consequential damages and any and all rights to have damages multiplied or otherwise increased and for any other damages other than for actual out-of-pocket expenses. The parties involved in disputes concerning whether a participant in a drawing is a valid winner of a sweepstakes will provide to the chosen alternative dispute mediator or his designee all information in support of their position related to the dispute within seven (7) days after the dispute arises, and such chosen alternative dispute mediator or his designee will resolve that dispute within seven (7) days after the information is to be provided by the parties to the dispute. The timing of handling any other disputes beyond who is a valid Winner of a sweepstakes will be done in accordance with the rules of the chosen alternative dispute mediator. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of any entrant or Sponsor, affiliates, partners, and personnel or both in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Minnesota, without regard for the conflicts of law doctrine of that State or any other jurisdiction. All such arbitration proceedings shall take place exclusively in the city of Minneapolis in the State of Minnesota.
17. RESERVATION OF RIGHT TO MODIFY:
Sponsor reserves the right to suspend, modify, alter or terminate the Promotion if any federal or state law, rule or regulation, or any judicial decision or Attorney General Opinion, or any change in any current enforcement policy affects the legality of the Promotion, in whole or in part.
18. WINNERS LIST AND RULES:
For the name(s) of the winner(s), print your name and complete address on a self-addressed first class stamped envelope and mail to: Giveaway A Day, Winners, 855 Village Center Drive Suite # 336 St. Paul, MN 55127. For a copy of these Official Rules print your name and complete address on a self-addressed first class stamped envelope and mail to: Giveaway A Day, Official Rules, 855 Village Center Drive Suite # 336 St. Paul, MN 55127
19. GENERAL:
These Sweepstakes may be presented in conjunction with different offers sponsored or co-sponsored by Giveaway A Day, its affiliates, and partners, and may be presented in conjunction with offers sponsored by different organizations. Sweepstakes may be presented in different creative presentations by different organizations and under different creative titles but all are subject to the Official Rules.
20. SPONSOR:
Overall Media, Inc.
855 Village Center Drive Suite # 336
St. Paul, MN 55127
OFFICIAL RULES VOID OUTSIDE THE 50 UNITED STATES AND WHERE PROHIBITED.
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT IMPROVE YOUR CHANCES OF WINNING.
1. ELIGIBILITY:
This Daily Giveaway ("Sweepstakes") is sponsored by Overall Media, Inc.("Sponsor") and is offered and open only to legal residents of one the 50 United States and the District of Columbia (except Puerto Rico), who are at least eighteen (18) years old at the time of participation. Any person who is an employee, officer, or director of Sponsor or is directly connected with the management of the Sweepstakes, the Sweepstakes computer systems, or the Sweepstakes security systems is not eligible. This Sweepstakes is also void in any jurisdiction where prohibited.
Participation in the Sweepstakes constitutes entrant's full and unconditional agreement to, and acceptance of, these Official Rules including the agreement that all decisions of Sponsor are final and binding in all respects on all entrants. Winning a prize is contingent upon entrant fulfilling all requirements set forth in these Official Rules. All entrants into the sweepstakes affirm and acknowledge that they are in a jurisdiction that is covered by our sweepstakes.
2. PROMOTION PERIOD/SWEEPSTAKES PERIODS:
The Promotion Period ("Promotion Period") for the Sweepstakes begins each day at 12:00:00 p.m. United States Eastern Time (CT) and will end 24 hours later at 11:59:59 a.m. CT.
3. PARTCIPATION IN SWEEPSTAKES:
A person can participate in the Sweepstakes in the following ways: (i.) by completing an online or mobile registration form or application that Sponsor, its affiliates, or partners offer that provide for entry into the Sweepstakes; (ii.) by purchasing any product or service that Sponsor, its affiliates, or partners offer that provide for entry into the Sweepstakes; (iii.) by taking surveys, playing games, watching videos, or engaging in any other activities that Sponsor, its affiliates, or partners offer that provide for entry into the Sweepstakes; and (iv.) by mail. This Sweepstakes may be presented in conjunction with different offers sponsored or co-sponsored by Sponsor, its affiliates, and partners, and may be presented in conjunction with offers sponsored by different organizations. Sweepstakes may be presented in different creative presentations by different organizations and under different creative titles.
Mail-In Entries: To participate via mail, an entrant must neatly hand print in blue or black ink on a white 3 inch by 5 inch card or piece of paper your first and last name, your complete mailing address with zip or postal code, your daytime phone number, and email address if you have access to email. Mail the card or paper in a first class postage paid (metered mail is not accepted) envelope to: Giveaway A Day, Drawing Entry, 855 Village Center Drive Suite # 336 St. Paul, MN 55127. While you may enter as often as you wish there is a limit of one card or piece of paper per postage stamped outer mailing envelope, and each outer mailing envelope must be hand printed. Further, the entrant's hand printed truthful return address must appear in the outer mailing envelope's upper left corner. Mail-in entries are unlimited.
Entries must be received and recorded by Sponsor computers by 11:59:59 a.m. ET on the day of the promotion described in Rule 2 in order to be eligible to win the prizes described in Rule 9 below.
4. USER CONDUCT:
You may not use the App or Service to:
- acquire any rewards or item of value through the use of botnets or automated means or through deception or misrepresentation in any respect;
- post or transmit any information, data, text, images, files, links, software, chat, communication or other content that is, or which Overall Media Inc. considers in its sole discretion to be, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, hateful or threatening to any group defined by race, religion, gender, national origin or sexual orientation, or otherwise objectionable, including without limitation blatant expressions of bigotry, prejudice, racism, hatred or excessive profanity or post any obscene, lewd, lascivious, excessively violent, harassing or otherwise objectionable content;
- sell or promote any products or services;
- introduce viruses, worms, Trojan horses and/or harmful code on the Internet;
- display material that exploits children under 18 years of age;
- post any material or otherwise infringe in any way or violate any copyright, patent, trademark, service mark, trade name, trade secret or other intellectual property right of any third party;
- promote, solicit or participate in multi-level marketing or pyramid schemes;
- harass, embarrass or cause distress or discomfort upon another participant, user or other individual or entity;
- Impersonate any other person, including but not limited to, a customer, supplier, Overall Media, Inc., or any persons associated with the company.
- publish or disclose any personally identifying information or private information about children or any third parties without their consent (or their parent's consent in case of a child under 18 years of age);
- publish or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation;
- intentionally or unintentionally violate any applicable local, state, national or foreign law, including but not limited to any regulations having the force of law while using or accessing the App or in connection with your use of the Service, in any manner; or
- Invade the privacy or violate any personal or proprietary right (including intellectual property rights) of any person or entity.
You shall not: (a) modify, adapt or create derivative works based on the App, the Service available from Overall Media, Inc. or the Apps content; (b) "frame" or "mirror" any content or create Internet links to or from the App; or (c) disassemble, reverse engineer, or decompile the Service provided via this App or its content, or access the App or its content in order to build a competitive product or service, build a product or service using similar ideas, features, functions or graphics, or copy any ideas, features, functions or graphics.
Any special rules for the use of certain content accessible through Services available through this App may be included elsewhere within the App and are incorporated into these Official Rules by reference.
Overall Media, Inc. reserves the right, without prior notice and in its sole discretion, to decide whether any Member violates these Official Rules for any of the above reasons or for any other reason, and if so, to remove offending content and/or terminate your access to the App and/or the Service and deny any prizes claimed.
5. BOTNETS
Use of botnets or any other automated means of accessing or using the Service, or to deceptively obtain item of value through the App or Service are expressly prohibited and any such use shall constitute a violation of these Terms of Use. Use of botnets or other automated means to acquire rewards through the App or Service constitutes fraud which Overall Media, Inc. may fight through any legal means. Overall Media, Inc. retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, Overall Media, Inc. reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion. Overall Media, Inc. does not support the use of anonymous proxies, including Virtual Private Networks (VPNs) and reserves the right to terminate service for any device found to be using an anonymous proxy or VPN.
6. THIRD-PARTY APPS
Our App may include links to other Apps on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party App. You should contact the App administrator or webmaster for those third-party Apps if you have any concerns regarding such links or the content located on such Apps. Your use of those third-party Apps is subject to the terms of use and privacy policies of each App, and we are not responsible therein. We encourage all Members to review said privacy policies of third-parties' Apps.
7. WINNING ENTRY SELECTION/ODDS:
Sponsor will attempt to complete a random drawing within five (5) business days of the end of the Sweepstakes' Promotion Period to select one (1) potential prize winner for the Sweepstakes from among all eligible entries received for that drawing. The random drawing will be conducted by, or under the supervision of, the Sponsor.
Odds. The odds of winning this Sweepstakes depend on the number of eligible entries received for the drawing.
8. WINNER NOTIFICATION:
For any drawing, Sponsor or a company acting on its behalf will attempt to notify on or before five (5) business days after the drawing the potential winner in person, by telephone, by mail, overnight mail, email, text, digital alert, or in such other manner as determined by Sponsor. Notice will be delivered and deemed made in accordance with the contact information or method of contact provided to sponsor when the participant registered for an entry into the Sweepstakes. Notice will be delivered to mail-in participants by using the contact information the mail-in participant included with their mail-in entry. It is the sole responsibility of each Sweepstakes participant to maintain their contact information or method current. If the potential winner did not register with contact information, they will be notified by Email or in such other manner as determined by Sponsor. Neither sponsor nor any other person or entity shall have any responsibility or liability for failure to provide notice due to a Sweepstakes participant's failure to maintain their contact information or method of contact current. Should Sponsor or a company acting on its behalf be unable to contact and verify a potential prize winner or if winner fails to provide proof of identity, refuses to provide required affidavit, is found to have violated these Official Rules, or otherwise does not meet eligibility criteria, prize will be forfeited and awarded to an alternate winner in a random drawing. If Sponsor is unable for any reason to award a drawing prize to a potential alternate winner, Sponsor reserves the right to select an additional alternate potential winner and award the prize to the alternate potential winner or to donate the prize to a charity chosen by the Sponsor.
9. PRIZE AWARDS:
One (1) winner each day will receive his/her prize after they have taken the steps to claim the prize. These steps may include submitting additional information for delivery, collecting the prize through Amazon or other online retail locations.
Expenses not stated are the sole responsibility of the prize winner. If a winner of the prize cannot accept a prize in person, the prize may be forfeited in its entirety. No assignment, transfer or substitution of a prize is permitted.
All taxes on prizes, if any, will be the sole responsibility of the winner to pay, and prizes will be reported as required by law, rule or regulation.
No participant will be declared a valid winner until verification and compliance with these Official Rules is properly completed as solely determined by Sponsor, and the participant has received official notification of being declared a winner. If Sponsor, in its sole discretion, determines that an entrant with a winning entry is not a valid winner, the prize will be forfeited. Sponsor reserves the right to select an alternate potential winner and award the prize to the alternate potential winner or donate the prize to a charity chosen by Sponsor.
10. GENERAL CONDITIONS
Participants (and each participant's parent/legal guardian if a participant is a minor) agree (a) that Sponsor, its affiliated companies, advertising and promotion companies, resource and computer servicing companies and security agencies, and all of their respective officers, directors, employees, representatives and agents (individually and collectively referred to as "Sponsor, affiliates, partners and personnel") are released, will have no liability whatsoever for, and shall be held harmless by participants, entrants and winners against any liability for any injuries, losses or damages of any kind (whether due to negligence or otherwise) to person(s), including death, or property resulting in whole or in part, directly or indirectly, from acceptance, possession, loss, misuse or use of the prize or participation in this Sweepstakes or any Sweepstakes related or travel related activities, and, (b) each potential winner and winner (and his/her parent/legal guardian if a winner is a minor) agrees to provide Sponsor a photograph of themselves and grants permission to Sponsor and those acting under its authority the right to the use of his/her name, picture, Facebook profile pictures, likeness, voice, biographical information and statements, at any time or times, in perpetuity, for advertising, trade, publicity and promotional purposes without additional compensation, in all media now known or hereafter discovered, worldwide and on the Internet, World Wide Web and other media (except where such usage is legally prohibited), without notice, review or approval. Each potential winner (and his/her parent/legal guardian if a potential winner is a minor) will be required to complete, sign and return an Affidavit of Eligibility, a Liability Release, and where lawful a Publicity Release, and provide Sponsor with a true copy of a government issued photo identification, for example valid driver's license or passport, within twenty-eight (28) days of date of notification. If documents are not returned timely, or if the prize notification or prize is returned as non-deliverable, or if the potential winner is found to be ineligible or otherwise not in compliance with these Official Rules, the prize will be forfeited and it will be awarded to an alternate winner
11. LIABILITY LIMITATIONS:
Sponsor, affiliates, partners, and personnel are not responsible for lost, late, misdirected, incomplete, postage due or non-delivered entries, mail or email; or for interrupted or unavailable satellite, network, server, Internet Service Provider (ISP), Web site, telephone or other connections, availability or accessibility, or miscommunications, or failed computer, satellite, telephone or cable transmissions, or lines, or technical or programming error or failure or jumbled, corrupted, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures, or technical errors or difficulties, or other errors of any kind whether human, mechanical, electronic or network or the incorrect or inaccurate capture of registration, entry or other information or the failure to capture, or loss of, any information. Persons who tamper with or abuse any aspect of this Sweepstakes, as solely determined by Sponsor, will be disqualified. Any use of robotic, automatic, macro, programmed, third party or like entry methods will void all such entries by such methods, and disqualify any entrant using such methods. Sponsor, affiliates, partners, and personnel are not responsible for injury or damage to participants' or to any other person's computer related to, or resulting from, participating in this Sweepstakes or downloading materials from, or use of, the Web site. Should any portion of the Sweepstakes be, in Sponsor's sole opinion, compromised by virus, worms, bugs, non-authorized human intervention, technical failures or any other causes which, in the sole opinion of Sponsor, corrupt or impair the administration, security, fairness or proper play, or submission of entries, Sponsor reserves the right at its sole discretion to suspend, modify or terminate the Sweepstakes, and select any winner from entries received prior to action taken or as otherwise deemed fair and appropriate by Sponsor. Sponsor, affiliates, partners, and personnel are not responsible for any incorrect or inaccurate information, whether caused by Web site users, tampering, hacking, or by any equipment or programming associated with, or utilized in, the Sweepstakes, and assume no responsibility for any error, interruption, deletion, defect, delay in operation, or transmission, communications line failure, theft or destruction, or unauthorized access to, or use to, this Web site. In the event of any irregular entry for a drawing for any reason whatsoever Sponsor, affiliates, partners, and personnel sole liability will be to provide one entry in the next scheduled drawing (or as soon thereafter as practical) and will have no liability if there are no remaining drawings in the Promotion Period No more than the stated number of prizes in these Official Rules in any prize category will be awarded. In the event that production, technical, programming, digital or any other reasons cause more than the stated number of prizes in any prize category, as set forth in these Official Rules, to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes in that prize category by a random drawing among all legitimate, un-awarded, eligible prize claims.
If you enter this Sweepstakes online or via the mobile app, you are solely responsible for the security of your user account. You should take precautions to keep it private to prevent unauthorized use. Neither Sponsor nor any other person or entity will be responsible for any losses, damages or consequences you may suffer due to careless or unauthorized use of your account.
IN NO EVENT WILL SPONSOR, AFFILIATES, PARTNERS, AND PERSONNEL BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, AND USE OF, THE WEB SITE OR DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SAID WEB SITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THIS WEB SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
ENTRANTS UNDERSTAND AND AGREE THAT THE SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH, FACEBOOK, APPLE OR AMAZON.COM. ENTRANTS FURTHER UNDERSTAND AND AGREE THAT IN NO EVENT WILL FACEBOOK, APPLE OR AMAZON.COM. BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE SWEEPSTAKES.
12. PRIVACY POLICY:
Information submitted with an entry is subject to the Sponsor Privacy Policy stated on the Sponsor web site. To read the Privacy Policy access the Web site and click on the Privacy Policy link or go to http://www.giveawayaday.com/privacy-policy.html. In some cases where registration with Sponsor occurs on a website operated by third parties you will be subject to the Privacy Policy of those third party websites. As such, Sponsor is not responsible for the content, practices, or information practices (including but not limited to information practices relative to the gathering and use of personally identifiable information ("PII")) of the websites operated by these third parties. All users should check the relevant website's privacy policy and terms of use in order to understand their policies and practices regarding the collection and use of PII. Each potential winner and winner (and his/her parent/legal guardian if a winner is a minor) agrees to provide Sponsor a photograph of themselves and grants permission to Sponsor and those acting under its authority the right to the use of his/her name, picture, Facebook profile pictures, likeness, voice, biographical information and statements, at any time or times, in perpetuity, for advertising, trade, publicity and promotional purposes without additional compensation, in all media now known or hereafter discovered, worldwide and on the Internet, World Wide Web and other media (except where such usage is legally prohibited), without notice, review or approval.
13. INVALIDITY:
The invalidity or unenforceability of any provision or portion of a provision of these Official Rules shall not affect the validity or enforceability of any other provision or portion of a provision. In the event that any provision or portion of a provision is determined to be invalid or otherwise unenforceable or illegal, the balance of these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision or portion of a provision were not contained herein. Headings and captions are used in these Official Rules solely for ease of reference, and shall not be deemed to affect in any manner the meaning or intent of these Official Rules or any provision or portion of a provision hereof. These Official Rules cannot be modified or amended in any way except in writing by a duly authorized representative of Sponsor.
14. FORCE MAJEURE:
In the event of fire, flood, epidemic, earthquake, explosion, accident or other act of God, act of public enemy; act of government, including any governmental order, regulation or order of any court of competent jurisdiction; lockout, strike or other labor dispute; riot or civil commotion; war (whether declared or undeclared) or armed conflict; acts of terrorism; enactment of, rule, or order or act of government or governmental instrumentality (whether federal, provincial, state or local); or other cause of similar or different nature beyond Sponsor's control (all of which events are referred to herein as "force majeure events"), Sponsor shall have the right to terminate this Sweepstakes drawing without further obligations, if any, hereunder, or at Sponsor's sole option, to suspend the Sweepstakes drawing for a period equal to the duration and the effect of the duration of any such force majeure event.
15. LANGUAGES:
In the event that these Rules, or any advertising, promotion, or other written, printed, or graphic material, including but not limited to such materials appearing on the World Wide Web are presented in a language other than English and there is a discrepancy, inconsistency or interpretation issue between the English language version and the other language version of these Official Rules or of any materials, the English version shall prevail, govern and control. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any materials and the terms and conditions of these Official Rules, these Official Rules shall prevail, govern and control.
16. ARBITRATION DISPUTE RESOLUTION/CHOICE OF LAW:
Except where prohibited, entrants agree that: (1) any and all disputes, claims, and causes of action arising out of or connected with this Sweepstakes, or any prize awarded, or the determination of the winner, shall be resolved individually, without resort to any form of class action, and exclusively through final and binding arbitration by an alternative dispute mediator chosen by Sponsor in accordance with the rules of such alternative dispute mediator’s firm; and (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs directly associated with entering this Sweepstakes but in no event attorneys' fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental and consequential damages and any and all rights to have damages multiplied or otherwise increased and for any other damages other than for actual out-of-pocket expenses. The parties involved in disputes concerning whether a participant in a drawing is a valid winner of a sweepstakes will provide to the chosen alternative dispute mediator or his designee all information in support of their position related to the dispute within seven (7) days after the dispute arises, and such chosen alternative dispute mediator or his designee will resolve that dispute within seven (7) days after the information is to be provided by the parties to the dispute. The timing of handling any other disputes beyond who is a valid Winner of a sweepstakes will be done in accordance with the rules of the chosen alternative dispute mediator. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of any entrant or Sponsor, affiliates, partners, and personnel or both in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Minnesota, without regard for the conflicts of law doctrine of that State or any other jurisdiction. All such arbitration proceedings shall take place exclusively in the city of Minneapolis in the State of Minnesota.
17. RESERVATION OF RIGHT TO MODIFY:
Sponsor reserves the right to suspend, modify, alter or terminate the Promotion if any federal or state law, rule or regulation, or any judicial decision or Attorney General Opinion, or any change in any current enforcement policy affects the legality of the Promotion, in whole or in part.
18. WINNERS LIST AND RULES:
For the name(s) of the winner(s), print your name and complete address on a self-addressed first class stamped envelope and mail to: Giveaway A Day, Winners, 855 Village Center Drive Suite # 336 St. Paul, MN 55127. For a copy of these Official Rules print your name and complete address on a self-addressed first class stamped envelope and mail to: Giveaway A Day, Official Rules, 855 Village Center Drive Suite # 336 St. Paul, MN 55127
19. GENERAL:
These Sweepstakes may be presented in conjunction with different offers sponsored or co-sponsored by Giveaway A Day, its affiliates, and partners, and may be presented in conjunction with offers sponsored by different organizations. Sweepstakes may be presented in different creative presentations by different organizations and under different creative titles but all are subject to the Official Rules.
20. SPONSOR:
Overall Media, Inc.
855 Village Center Drive Suite # 336
St. Paul, MN 55127