© 2019 by Hootology

HOOTOLOGY SPORTS AND ENTERTAINMENT APRIL 2019 SWEEPSTAKES OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER OR TO WIN.  A PURCHASE WILL NOT INCREASE YOUR ODDS OF WINNING. ALL FEDERAL, STATE, LOCAL AND MUNICIPAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED OR EXCLUDED.

 

THIS IS NOT A CONSUMER PROMOTION. YOU MUST BE EMPLOYED AS PROVIDED IN THESE OFFICIAL RULES TO PARTICIPATE.

 

BY PARTICIPATING, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE SPONSOR (DEFINED BELOW) FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.

 

THE SWEEPSTAKES IS OPEN ONLY TO NATURAL PERSONS WHO ARE LEGAL RESIDENTS OF THE 50 UNITED STATES, INCLUDING THE DISTRICT OF COLUMBIA, CANADA (EXCLUDING QUEBEC), AND ANY OTHER COUNTRY WHERE NOT PROHIBITED BY LAW, 21 YEARS OF AGE OR OLDER, AND WHO ARE EMPLOYED IN THE SPORTS OR ENTERTAINMENT INDUSTRY AND HOLD AN EXECUTIVE LEADERSHIP ROLE IN THEIR ORGANIZATION. IF YOU ARE NOT A LEGAL RESIDENT OF A COUNTRY PERMITTING SUCH A BUSINESS-TO-BUSINESS PROMOTION, ARE NOT OF SUFFICIENT AGE, OR ARE NOT EMPLOYED AS PROVIDED HEREIN YOU MAY NOT ENTER THE SWEEPSTAKES OR WIN A PRIZE.

 

  1. SWEEPSTAKES DESCRIPTION. The April 2019 Hootology Sports and Entertainment Sweepstakes consists of a random drawing game (the “Sweepstakes”) in the 50 United States (including the District of Columbia), Canada (excluding Quebec), and all locations were not prohibited (the “Territory”) that begins at 5:00 p.m. ET on Wednesday, April 3, 2019, and ends at 6:00 p.m. ET on Wednesday, April 3, 2019 (the “Entry Period”). Void in Quebec and wherever restricted or prohibited by law. The Sweepstakes is not a consumer promotion and intended only as a business-to-business promotion. The Sweepstakes is governed by these Official Rules.

 

  1. WHO IS ELIGIBLE TO PARTICIPATE/TO WIN.

 

  1. Eligibility.  Subject to the additional restrictions below, the Sweepstakes is open to legal residents of the Territory, who are 21 years of age or older at the time of entry, and who are employed in the sports or entertainment industry and hold an executive leadership role in their organization. Persons in the following categories are NOT eligible to participate: any person who on or after April 3, 2019, was or is (a) a director, officer, employee, agent, or independent contractor of the Sponsor; (b) a director, officer, employee, agent, or independent contractor of any entity engaged to assist with the creation, administration, advertising, or management of the Sweepstakes; (c) a director, officer, employee, agent, or independent contractor of any company providing, administering, organizing, or fulfilling a prize in these Sweepstakes, and each of their respective affiliated companies, and advertising and promotional agencies; or (d) an immediate family member (defined as spouse, IRS-dependent, or biological, foster, in-law, adoptive, or step- mother, father, sister, brother, daughter, or son) of, or who resides in the same household as, any person in any of the preceding categories.

 

Should multiple users of the same email account enter the Sweepstakes and a dispute thereafter arises regarding the identity of the Participant, the authorized account holder of said email account at the time of entry will be considered the Participant and required to comply with these Official Rules. The "authorized account holder" is the natural person assigned the email account. The potential winner may be required to show proof of being the authorized account holder or forfeit the prize. Each Entry submission must be manually key-stroked and manually entered by the individual Participant; automated and/or repetitive electronic submission of Entries (including but not limited to Entries made using any script, macro, bot or service) will be disqualified.

 

  1. Agreement To Official Rules. Sweepstakes will be conducted by HOOTOLOGY, LLC (the “Sponsor”), and each person who participates in the Sweepstakes (each a “Participant”) unconditionally accepts and agrees to comply with, abide by, and have all participation subject to these Official Rules and the decisions of the Sponsor, which shall be binding with respect to all aspect of the Sweepstakes in the Territory. Sponsor reserves the right to determine Participant’s eligibility based on the criteria set forth in these Official Rules.

 

  1. To Be Eligible To Win. Winning the prize requires that the potential winner of the prize is, and remains, in compliance with these Official Rules. Until a potential winner is verified to be eligible and in compliance with these Official Rules, the potential winner is, and will remain, a potential winner, unless the potential winner is disqualified for not complying with the Official Rules and/or not being eligible to participate in the Sweepstakes. Sponsor reserves the right to disqualify any potential winner who Sponsor, in its sole and absolute discretion, determines is not permitted by law to receive a prize. Sponsor is not required to conduct any advertising or public relations associated with a winner. Residents of Canada must correctly answer a skill testing question as part of the winner verification process.

 

  1. HOW TO ENTER.

 

There is one (1) way to enter. Participant may obtain a maximum of one (1) entry during the Entry Period.

 

Individuals who are invited to participate in the April 2019 Sports and Entertainment interactive virtual discussion during the Entry Period will receive one (1) entry in the Sweepstakes upon completion of the discussion. Participant must be logged-in to the interactive virtual discussion at the unique URL provided by the Sponsor throughout the entire discussion. Upon conclusion of the interaction virtual discussion, if you have met all the entry criteria, your name will automatically be entered into the Sweepstakes unless you notify sponsor you wish to opt-out.

 

  1. SWEEPSTAKES – PRIZES/ODDS/DETAILS. The odds of winning a prize in the Sweepstakes will depend on the actual number of valid entries received. Four (4) prizes total are available for distribution in the Territory. The total Approximate Retail Value (“ARV”) for the Sweepstakes prize is $2,000.00 (US).

 

Potential winners will be selected in a random drawing from among all eligible entries received during the Entry Period. By entering the Sweepstakes, Participants fully and unconditionally agree to be bound by these rules and the decisions of the Sponsor, which will be final and binding in all matters relating to the Sweepstakes.

 

  1. Random Draw. The Sweepstakes drawing will be a random selection made from among the eligible entries received during the applicable Entry Period per the "How to Enter" rule above, and will occur on or about April 5, 2019. The potential winners will be notified via email using the information supplied to Sponsor. The notification will include instructions on how to contact Sponsor or Sponsor’s representative to confirm or provide information that may be necessary to complete validation of eligibility and delivery of prize. No liability is assumed for any winner notification that is lost, intercepted, or not received by a potential winner for any reason. If a potential winner does not respond within two (2) calendar days after the first notification attempt, or if the prize or prize notification is returned as unclaimed or undeliverable to such potential winner, such potential winner may be disqualified and an alternate winner may be selected. If a potential winner is found to be ineligible or has not complied with these Official Rules or declines a prize for any reason prior to award, such potential winner will be disqualified and an alternate winner may be selected.

 

CANADA RESIDENTS ONLY: Before being declared eligible to claim a prize, applicable Canada law requires that any potential winner who is a resident of Canada must first correctly answer a time-limited mathematical skill-testing question to be administered  via email or over the phone by Sponsor. If such winner fails to correctly answer, unaided, the skill-testing question, then he/she will be disqualified and forfeit his/her opportunity to be a winner. The Sponsor, at its sole and absolute discretion, may select another winner from the remaining eligible entries.

 

  1. Prizes. Four (4) Prizes are available. Each prize is a $500.00 (USD) Amazon or American Express gift card. All prizes are valued in US Dollars, though Participant may request value in local currency. Any currency conversion will be subject to the then prevailing rate provided by the gift card provider and may fluctuate in value.

 

Amazon.com is not a sponsor of this promotion. Except as required by law, Amazon.com Gift Cards ("GCs") cannot be transferred for value or redeemed for cash. GCs may be used only for purchases of eligible goods on Amazon.com or certain of its affiliated websites. For complete terms and conditions, see www.amazon.com/gc-legal. GCs are issued by ACI Gift Cards, Inc., a Washington corporation. ©,®,™ Amazon.com Inc. and/or its affiliates. No expiration date or service fees.

 

American Express is not a sponsor of this promotion. Except as required by law, American Express Gift Cards ("AxGCs") cannot be transferred for value or redeemed for cash. AxGCs may be used only for purchases of eligible goods or services in accordance with its Cardholder Agreement. For complete terms and conditions, see https://www.amexgiftcard.com/card-agreements. AxGCs are issued by American Express Prepaid Card Management Corporation, an Arizona corporation. ©,®,™ American Express and/or its affiliates.

 

For All Prizes: Prizes are non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize for one of equal or greater value if the designated prize should become unavailable for any reason. Winners are responsible for all taxes and fees associated with prize receipt and/or use. Limit: One (1) Prize per person. Total ARV of all prizes: $2,000.

 

Prizes will be sent via email to the confirmed winner at the email address provided on their signed prize acceptance documents.  All Prizes will be deemed delivered to the winner once confirmation from the Prize fulfillment service is received. Sponsor will not be responsible or liable for a late, delayed, lost, stolen, or undeliverable Prizes or for any loss or damages relating to delivery, use, or misuse of a Prize. Please allow 2-3 weeks for delivery of Prizes.

 

 

Except as indicated in these Official Rules, any local, state or federal taxes associated with any prize awarded in connection with the Sweepstakes are the sole responsibility of the prize winner. All taxes are the sole responsibility of the winners. Except as indicated in these Official Rules Sponsor is not liable for the payment of any taxes associated with the Prize. The prize winner should consult with a tax advisor concerning the tax consequences of winning the Sweepstakes.

 

  1. Prize Claim Documents.  The Prize Claim Documents may include, but are not limited to: a Declaration or Affidavit of Eligibility (as solely determined by Sponsor), and Release of Liability, appropriate tax forms for tax filing purposes (for the year a prize is received). All Prize Claim Documents must be completed and returned as provided in the directions to the potential winner. If verification results in forfeiture, the potential winner will not receive the prize. Upon prize forfeiture, no compensation will be given.

 

  1. RELEASE. By entering the Sweepstakes or receipt of any prize, Participants and any declared winner agree to release and hold harmless Sponsor and any other third-party providers or their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Participating Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Sweepstakes or receipt or use or misuse of any prize.

 

IN NO EVENT WILL THE PARTICIPATING PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF PARTICIPATION IN THIS SWEEPSTAKES OR THE ACCEPTANCE, POSSESSION, USE, OR MISUSE OF, OR ANY HARM RESULTING FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF THE PRIZE(S).  WITHOUT LIMITING THE FOREGOING, THIS SWEEPSTAKES AND ALL PRIZES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THESE LIMITATIONS OR EXCLUSIONS OF LIABILITY ARE SUBJECT TO APPLICABLE LAW.

 

As a condition of entering the Sweepstakes, Participant gives consent for Sponsor to obtain and deliver his/her name, address, and other information to third parties for the purpose of administering this Sweepstakes, fulfilling prizes, and complying with applicable laws, regulations, and rules. Any information Participant provides to Sponsor may be used to communicate with Participant in relation to this Sweepstakes.

 

  1. GENERAL PROVISIONS.

 

Sponsor is not responsible for any typographical or other error in the printing of this offer, administration of the Sweepstakes, or in the announcement of prizes. In the event Sponsor is prevented from continuing with this Sweepstakes, or the integrity and/or feasibility of the Sweepstakes is undermined by any event including, but not limited to: fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, or any federal, state or local government law, order or regulation, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), Sponsor shall have the right, in its sole discretion, to abbreviate, modify, suspend, cancel, or terminate the Sweepstakes. Persons who tamper with or abuse any aspect of this Sweepstakes, or act in violation of the Official Rules, will be disqualified. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. In the event of cancellation, Sponsor will award the Prize to a Participant randomly selected from among all valid and eligible entries received up to the time of such Force Majeure event. Sponsor reserves the right to modify these Official Rules in any way or at any time.

 

Sponsor’s computer is the official timekeeping device for the Sweepstakes. No automated entry devices, bots, spiders, mechanisms, programs, or otherwise are permitted. Sponsor is not responsible for lost, late, incomplete, invalid, illegible, misdirected, or otherwise non-received entries. Entries may not be acknowledged or returned.

 

Each Participant shall only participate in the Sweepstakes on his or her own behalf and cannot participate or enter on behalf of any other person or entity. Any attempt by Participant to obtain more than the allowed number of entries by use of multiple/different/fictitious/false names, identities, emails, or any other methods shall void Participant’s entry and Participant will be disqualified from participation in the Sweepstakes.

 

By entering the Sweepstakes or winning a prize, Participants fully and unconditionally agree to be bound by these rules and the decisions of the Sponsor, which will be final and binding in all matters relating to the Sweepstakes.

 

Participant agrees that the Sweepstakes and any prizes awarded are provided “AS IS” and the Sponsor makes no warranty, representation, or guarantee regarding the Sweepstakes or the prize(s), including, but not limited to, their quality, condition, merchantability, or fitness for a particular purpose.

 

To validly enter and to claim a prize, Participants may be required to provide Sponsor with certain information that can reasonably be used to identify them, such as their name, address, telephone number, email address, daytime telephone number and/or other contact information (“Personal Data”). Each Participant hereby agrees that such Personal Data may be used and shared by Sponsor in connection with the conduct of the Sweepstakes (including but not limited to prize fulfillment) (subject to the terms and conditions of Sponsor’s Privacy Policy). Each Participant further expressly releases, discharges, and agrees to hold harmless the Participating Parties and all persons acting under their permission or authority, from any and all claims and liabilities he/she may have relating to Sponsor’s use of his/her Personal Data in connection with the conduct of the Sweepstakes and/or in accordance with Sponsor’s Privacy Policy or these Official Rules, including, without limitation, claims under defamation, right of publicity and invasion of privacy.

 

By entering a Sweepstakes, each Participant, on behalf of himself/herself and his/her heirs, successors, assigns, agents and representatives:

 

  1. releases and discharges each of the Participating Parties from any and all claims, debts, liabilities, demands, obligations, costs, expenses, actions and causes of action of every nature, character, and description, known or unknown, including personal injury and death and including claims arising out of the alleged negligence of an entity, which he/she now may own or hold, or at any time heretofore may have owned or held, or at any time hereafter may own or hold, by reason of any matter, cause or thing whatsoever, occurred, done, omitted or suffered to be done, in connection with participation in any Sweepstakes, and/or from his/her acceptance, receipt, possession and/or use or misuse of a Prize;

 

  1. acknowledges that the information he/she provides is being provided to Sponsor and Sponsor’s authorized providers;

 

  1. acknowledges and agrees that none of the Participating Parties have made or are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, with respect to any Sweepstakes and/or any Prize, including, without limitation, their quality or fitness for a particular purpose; and

 

  1. acknowledges and agrees that none of the Participating Parties have made or are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, with respect to a Prize, including, without limitation, its quality or fitness for a particular purpose.

 

Waiver of California Civil Code Section 1542.  Further, Participants are advised that California Civil Code § 1542 provides that:  A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.  By entering the Sweepstakes, each Participant, on behalf of himself/herself and his/her heirs, successors, assigns, agents and representatives, acknowledges that he/she understands the significance and consequences of California Civil Code § 1542 and, to the extent it may be applicable, elects to waive the benefits of its provisions, with the intent that the releases and waivers of liability in these Official Rules shall include claims known or unknown, and unknown and unsuspected.

 

  1. Severability. If any part of these Official Rules is deemed to be invalid, unenforceable or illegal, then the balance shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable or illegal provision were not contained herein.

 

  1. LIMITATIONS OF LIABILITY. All entries become the sole and exclusive property of the Sponsor. The Participating Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by the Participating Parties, Participants, third-parties, printing errors, or by any of the equipment or programming associated with or utilized in the Sweepstakes; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Sweepstakes; (4) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; (5) late, lost, undeliverable, damaged or stolen mail; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Participant’s participation in the Sweepstakes or receipt or use or misuse of any prize. If for any reason a Participant's entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, Participant’s sole remedy is another entry in the Sweepstakes, if it is possible. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes 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 by a random drawing among all legitimate, un-awarded, eligible prize claims.

 

BY ENTERING THE SWEEPSTAKES, PARTICIPANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (C) UNDER NO CIRCUMSTANCES WILL ANY PARTICIPANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND PARTICIPANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (D) PARTICIPANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND PARTICIPANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU. 

 

  1. GOVERNING LAW AND DISPUTE RESOLUTION.

 

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS THE WAY IN WHICH ANY CLAIM OR DISPUTE BETWEEN YOU AND THE SPONSOR IS RESOLVED.

 

  1. Governing Law.  The parties agree that the Sweepstakes and these Official Rules will be governed, construed and interpreted under the laws of the State of Arizona, without giving effect to any choice of law or conflict of law rules (whether of the State of Arizona or any other jurisdiction) which would cause the application of the laws of any jurisdiction other than the State of Arizona.

 

  1. Dispute Resolution.     Participant, Sponsor, and the Participating Parties (each, a “Party” and collectively the “Parties”) each agree to fully and finally settle all disputes only through binding arbitration; provided, however, the Sponsor shall be entitled to seek injunctive or equitable relief in the state and federal courts in Maricopa County, Arizona and any other court with jurisdiction over the Parties.  In arbitration, there is no judge or jury and review is limited.  The arbitrator’s decision and award are final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction.  The Parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to this Sweepstakes shall be resolved solely by binding arbitration before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. (“JAMS”) or any successor to JAMS.  In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a “Demand for Arbitration”, then either Party can elect to have the arbitration administered by the American Arbitration Association (“AAA”) or any other mutually agreeable arbitration administration service.  If an in-person hearing is required, then it will take place in Phoenix, Arizona.  The federal or state law that applies to these Official Rules will also apply during the arbitration.  Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn’t apply and the dispute must be brought in a court of competent jurisdiction in Maricopa County, Arizona.

 

  1. Class Action and Jury Waiver. Each Sweepstakes Participant agrees that an arbitrator, judge, magistrate or other similar authority may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding, and that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. By entering the Sweepstakes, the Participant agrees to waive any right to a jury trial or to participate in a class action.

 

  1. PRIVACY. We respect the privacy of all Participants. Information collected from Participants is subject to Sponsor’s Privacy Policy which can be found at https://www.hootology.com.

 

  1. SPONSOR. The Sweepstakes is sponsored in the Territory by Hootology, LLC 6744 Vernon Ave., Scottsdale, AZ 85257.

 

© 2019 Hootology, LLC. Hootology and all Hootology logos are trademarks Hootology, LLC. All other trademarks, service marks, logos, products, or service names are the property of their respective owners. All Rights Reserved. This Sweepstakes is in no way sponsored, endorsed, or administered by any other third-party not specifically designated by Sponsor.