NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. OVERVIEW/SWEEPSTAKES PERIOD.
The Apple Airpod Pro Giveaway (“Sweepstakes”) is sponsored by Price Technologies Inc. (“Price.com” or “Sponsor”). It begins at 12:00 PM Pacific Time (“PT”) on July 1, 2023, and ends July 31, 2023, at 11:59 PM PT (the “Sweepstakes Period”). The sponsor’s clock will be the official timekeeper for this Sweepstakes. The Sweepstakes is subject to all applicable federal, state, and local laws and regulations and is void where prohibited. Price.com may conduct similar sweepstakes at similar times; entry into this sweepstakes does not constitute entry into any other sweepstakes.
2. AGREEMENT TO SWEEPSTAKES RULES.
3. ENTRANT ELIGIBILITY.
The Sweepstakes is open only to legal residents of any one (1) of the fifty (50) United States or the District of Columbia whoas of the entry date, are at least eighteen (18) years old and the age of majority in their jurisdiction of the primary residence. Entrant’s Price.com Account must remain in good standing through the time of prize award and fulfillment to redeem and use a prize. Employees, officers, managers, directors, and contractors (including, without limitation, influencers) of Price.com, its parent, divisions, affiliates, subsidiaries, advertising agencies, or promotional partners associated with this Sweepstakes (collectively, the “Sweepstakes Entities”), and relatives of and those living in the same household as such individuals are not eligible to enter or win a prize. For the purpose of this Sweepstakes, relatives are defined as spouse, domestic partner, parent, legal guardian, legal ward, in-law, grandparent, sibling, children and grandchildren. This Sweepstakes is void in all U.S. territories (including Puerto Rico), possessions and overseas military installations and where prohibited by law. Any potential winner may be required to provide Sponsor with proof that he/she is the registered Price.com Account holder associated with a potentially winning entry as well as proof of residency and age. If a dispute cannot be resolved to Sponsor’s satisfaction, the entry will be deemed ineligible.
4. HOW TO ENTER.
Eligible Participants must complete all of the following steps during the Sweepstakes Period: 1) Click the Sweepstakes URL: https://campaign.price.com/monthly-giveaway/; 2) create a Price.com account if they don’t have one already and 3) activate cash back at any of Price.com’s partnered stores. Limit one (1) entry per activation. Sponsor is not responsible and/or liable for any lost, stolen, late, incomplete, illegible, interrupted, delayed, fraudulent, abusive, or misdirected e-mail, or sweepstakes-related materials or correspondence or if any participant’s e-mail address, Price.com Account, or other contact information does not work, is deleted, fraudulent, abusive, or is changed without participant giving prior written notice to Sponsor. Entries made by any other individual or any entity, and/or originating at any other web site or e-mail address, including, without limitation, commercial sweepstakes subscription notification and/or entering service sites, will be declared invalid and disqualified for this Sweepstakes.
5. SELECTION OF WINNER:
After the Sweepstakes Period, Price.com will select 1 entry at random (the “Potential Winners” and individually “Potential Winner”) from among all eligible entries received during the Sweepstakes Period. Odds of winning depend on number of eligible entries received. On or about August 1, 2023, a random drawing from among all eligible entries will be conducted by Sponsor’s designated agent/representative, whose decisions are final, to determine the Potential Winners. On or about August 4, 2023. Sponsor or its designee will attempt to notify the Potential Winner individually that they may have won the prize in this Sweepstakes via email, using the email associated with their Price.com Account (at Sponsor’s sole discretion). Potential Winner will be required to provide his/her name, mailing address, date of birth, and consent to confirm eligibility and may be required to complete, sign, have notarized (if applicable) and return, without alteration and in the form presented by Sponsor, an affidavit of eligibility and liability/publicity release (unless prohibited by law), and tax forms, within the time frame specified by Sponsor or prize may be forfeited. In the event of non-compliance with these requirements, the prize may be forfeited. The affidavit of eligibility and liability/publicity release are subject to verification by Sponsor. If any the prize notification or Sweepstakes-related communication is rejected, faulty or returned as undeliverable, or if the Potential Winner cannot be reached after a reasonable attempt has been made by Sponsor or does not respond according to the notification’s or Sponsor’s instructions (as determined by Sponsor in its sole discretion), that Potential Winner may be disqualified and an alternate winner may be randomly selected; the Sponsor will not be obligated to pursue more than three (3) alternate Potential Winners for any reason, in which case some prizes may go unawarded. Sponsor reserves the right to modify the notification procedures in connection with the selection of any alternate potential winner, if any.
6. PRIZES, QUANTITY AND APPROXIMATE RETAIL VALUE (“ARV”):
This Sweepstakes prize is an Apple AirPod Pro, subject to availability. The ARV of each prize is $500 USD. The prize is non-transferable, and no substitution or cash redemptions will be made except in Price.com’s sole discretion. Price.com reserves the right to substitute the prize for one of equal or greater value if the prize should become unavailable for any reason. The Prize will be fulfilled no later than 8-10 weeks after the end of the Sweepstakes Period. All prize details not specified in these Rules will be determined in Sponsor’s sole discretion. Sponsor is not responsible for, and winner will not receive the difference, if any, between the actual value of the prize at the time of award and the stated ARV in these Rules or in any Sweepstakes-related correspondence or materials. If legitimately claimed, the prize will be awarded. Sponsor will not replace any lost, mutilated or stolen prize or any prize that is undeliverable or does not reach the winner because of an incorrect or changed address or other contact information. If winner does not accept or use the entire prize, the unaccepted or unused part of the prize will be forfeited, and Sponsor will have no further obligation with respect to that prize or portion of the prize. No more than the stated prize will be awarded. Winner is strictly prohibited from selling, auctioning, trading or otherwise transferring any part of the prize.
All applicable taxes (as well as any expenses not specified in these Official Rules as being provided as part of the prize) are the sole responsibility of the prize recipient. Federal IRS 1099-MISC or other tax forms may be issued where required.
Entry into this Sweepstakes shall constitute and signify the participant’s agreement and consent that Price.com and its designees may use the entrant’s name, city, state, likeness, photo, entry, and/or prize information in connection with the Sweepstakes for promotional, advertising or other purposes, worldwide, in any and all media now known or hereafter devised, including the internet, without limitation and without further payment, notification, permission or other consideration, except where prohibited by law, and participant releases all Released Parties from any and all liability related thereto. Nothing contained in these Rules obligates Sponsor to make use of any of the rights granted herein and winner waives any right to inspect or approve any such use.
9. ENFORCEMENT OF AND COMPLIANCE WITH RULES:
Sponsor’s decisions will be final in all matters relating to this Sweepstakes, including interpretation of the Rules, determination of the recipients, and distribution of the prizes. All participants, as a condition of entry, agree to be bound by and comply with the Applicable Terms and the decisions and instructions of Price.com. Failure to comply with the Rules may result in disqualification from this Sweepstakes. Price.com’s failure to or decision not to enforce any provision in the Rules will not constitute a waiver of that or any other provision. In the event there is an alleged or actual ambiguity, discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes-related materials and/or the Applicable Terms (including any alleged discrepancy or inconsistency in the Rules), it will be resolved in Price.com’s sole discretion. Participants waive any right to claim ambiguity in the Sweepstakes or the Rules. The invalidity or unenforceability of any provision of the Rules will not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, the Rules will otherwise remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
10. DISQUALIFICATION, CANCELLATION, MODIFICATION, SUSPENSION:
In its sole discretion, Sponsor reserves the right to: (a) void participation of any participant who Sponsor believes has attempted to tamper with or impair the administration, security, fairness or proper play of this Sweepstakes; (b) disqualify any participant at any time (even if disqualified winner or potential winner may have been notified or displayed or announced anywhere), if Sponsor determines at any time in its sole discretion that such participant is ineligible, in violation of the Applicable Terms, Rules, or engaging in behavior that Sponsor deems obnoxious, inappropriate, threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person; (c) restrict or void online entries or participation from any IP address if any suspicious entry and/or participation is detected; (d) cancel, modify or suspend the Sweepstakes and distribute the prize in a manner deemed fair and appropriate by Sponsor if the Sweepstakes is not capable of running as planned for any reason; (e) disqualify any participant that supplies false information, obtains entries by fraudulent means or is otherwise determined to be in violation of the Rules in an attempt to obtain any prize (and in such case, that person may be prosecuted to the full extent of the law). Participants agree to not damage or cause interruption of the Sweepstakes and/or prevent others from participating in the Sweepstakes. CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE OR WEBSITE OR UNDERMINE THE LEGITIMATE OPERATIONS OF THE SWEEPSTAKES MAY VIOLATE CRIMINAL AND CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, SPONSOR MAY DISQUALIFY ANY PARTICIPANT MAKING SUCH ATTEMPT AND MAY SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW.
11. LIMITATIONS OF LIABILITY:
EACH ENTRANT AGREES TO RELEASE, HOLD HARMLESS AND INDEMNIFY THE SWEEPSTAKES ENTITIES (“RELEASED PARTIES”) FOR ANY LIABILITY WHATSOEVER FOR INJURIES OR DAMAGES OF ANY KIND SUSTAINED IN CONNECTION WITH THE USE, ACCEPTANCE, POSSESSION, MISUSE OR AWARDING OF THE PRIZE, WHILE PREPARING FOR, PARTICIPATING IN AND/OR TRAVELING TO OR FROM ANY PRIZE- OR SWEEPSTAKES-RELATED ACTIVITY, INCLUDING, WITHOUT LIMITATION, ANY INJURY, DAMAGE, DEATH, LOSS, OR ACCIDENT TO PERSON OR PROPERTY. EACH WINNER AGREES (AS BETWEEN WINNER AND THE SWEEPSTAKES ENTITIES) THAT THE PRIZE IS PROVIDED AS-IS WITHOUT ANY WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, WHETHER NOW KNOWN OR HEREINAFTER ENACTED, RELATIVE TO THE USE OR ENJOYMENT OF THE PRIZE, INCLUDING, WITHOUT LIMITATION, ITS QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. EACH ENTRANT UNDERSTANDS AND AGREES THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY OF THE UNITED STATES ARE HEREBY EXPRESSLY WAIVED BY HIM/HER. SECTION 1542 READS AS FOLLOWS: “CERTAIN CLAIMS NOT AFFECTED BY A GENERAL RELEASE. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
12. Agreement to Arbitrate:
Entrant agrees that any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any prize awarded, including without limitation federal and state statutory claims, common law claims, and those based in contract, tort, fraud, misrepresentation or any other legal theory, shall be resolved exclusively through final and binding arbitration, rather than in court, except that the claimant may assert claims in small claims court, if the claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. This Agreement to Arbitrate is intended to be broadly interpreted. The Federal Arbiration Act governs the interpretation and enforcement of this Agreement to Arbitrate.
Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator or arbitrators instead of a judge or jury, and court review of an arbitration award is very limited. However, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. The arbitrator also must follow the terms of this agreement as a court would. All issues are for the arbitrator to decide, except that issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate, or the interpretation of the Prohibition of Class and Representative Actions and Non-Individualized Relief section below, shall be for a court of competent jurisdiction to decide.
The arbitration will be conducted by the American Arbitration Association (referred to as the “AAA”) under its rules and procedures, as modified by this Agreement to Arbitrate. The AAA’s rules are available at www.adr.org. In the event that the AAA is unavailable to administer the arbitration, another administrator will be selected by the parties or by the court.
The arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, either party may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on the parties subject to the discretion of the arbitrator to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, either party may attend by telephone, unless the arbitrator require otherwise.
The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The award of the arbitrator shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this Agreement to Arbitrate. If you are able to demonstrate that the costs of accessing arbitration will be prohibitive as compared to the costs of accessing a court for purposes of pursuing litigation on an individual basis, Sponsor will pay as much of the filing, administration, and arbitrator fees as the arbitrator deems necessary to prevent the cost of accessing the arbitration from being prohibitive. In the event the arbitrator determine the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse Sponsor for all fees associated with the arbitration paid by Sponsor on your behalf that you otherwise would be obligated to pay under the AAA’s rules.
With the exception of any of the provisions in the Prohibition of Class and Representative Actions and Non-Individualized Relief section below, if a court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If a court decides that any of the provisions in the Prohibition of Class and Representative Actions and Non-Individualized Relief section above is invalid or unenforceable because it would prevent the exercise of a non-waivable right to pursue public injunctive relief, then any dispute regarding the entitlement to such relief (and only that relief) must be severed from arbitration and may be litigated in court. All other disputes subject to arbitration under the terms of the Agreement to Arbitrate shall be arbitrated under its terms.
14. WINNER ANNOUNCEMENT:
To find out who won, email firstname.lastname@example.org within (3) months of the end of the Sweepstakes Period.
16. THE SPONSOR OF THIS SWEEPSTAKES IS:
Price Technologies Inc., 10000 Santa Monica Blvd, Los Angeles, CA, 90067