Official Sweepstake Rules
• No purchase or payment of any kind is necessary to enter or win this sweepstake. A purchase or payment of any kind will not increase your chances of winning.
• Odds of winning will depend on the total number of entries received.
• Void in Rhode Island and void where prohibited or restricted by law.
• An affidavit of eligibility/release of liability/prize acceptance agreement may be required to claim prize.
• All disputes will be resolved solely by binding arbitration and entrants waive the ability to bring claims in a class action format.
By entering (or otherwise participating in) this Sweepstake, you agree to these Official Sweepstake Rules, which are a contract, so please read them carefully before entering. Without limitation, this contract includes indemnifications to the Sweepstake Entities from you and a limitation of your rights and remedies.
1. Sweepstake Name. The Hooble $100 Apple® Store Gift Card Sweepstake (“Sweepstake”).
2. Promoter and Sponsor. This Sweepstake is promoted and sponsored by HOOBLE HOLDINGS, LLC. (“HOOBLE”) located at 30 Old Kings Highway South, Darien, CT 06820.
3. Eligibility. This sweepstake is open only to individuals who are legal residents and physically residing in the United States, except Rhode Island and who are at least 21 years of age or older at the time of entry. Employees, officers and directors of HOOBLE™ and its affiliates, subsidiaries, advertising and promotion agencies, and distributors (“Sweepstake Entities”), and each of such employees, officers, directors immediate family members or those living in the same household (regardless of whether they are legally related) of each are not eligible to enter the Sweepstake or win a prize. Void where prohibited or restricted by law.
4. How to Enter. To enter the Sweepstake, please go to http://www.hooble.com and complete the sign-up form. The Sweepstake campaign begins on or about 9:00 a.m. Eastern Standard Time on March 1, 2016, and all entries must be received on or before 9:00 p.m. Eastern Standard Time on April 30, 2016 (“Entry Period”). By participating in the Sweepstake, each entrant unconditionally accepts and agrees to comply with and abide by these “Official Sweepstake Rules” and the decisions of HOOBLE™, including the interpretation of these Official Sweepstake Rules and its exercise of discretion, which will be final and binding in all respects.
A limit of one entry per person during the Entry Period will be accepted. Subsequent attempts made by the same individual to submit multiple entries by using multiple or false information or otherwise may result in the entrant being disqualified. Entries generated by a script, computer programs, macros, programmed, robotic or other automated means are void and may be disqualified. Entries that are in excess of the stated limits, incomplete, illegible, corrupted, damaged, destroyed, forged, false, lost, late or misdirected, deceptive or otherwise not in compliance with the Official Sweepstake Rules may be void or disqualified from the Sweepstake at HOOBLE’s sole and absolute discretion. All materials submitted become the property of HOOBLE™ and will not be returned. If a dispute arises over the identity and/or eligibility of an entrant, the individual may be required to show proof of identity and/or eligibility. If a dispute regarding the identity and/or eligibility of the individual who actually submitted an entry cannot be resolved to HOOBLE’s satisfaction, the affected entry will be deemed ineligible. An entry is “received” when HOOBLE’s servers record the entry and HOOBLE’s database clock will be the official timekeeper for the Sweepstake. HOOBLE™ may run multiple campaigns, sweepstakes, or other promotions simultaneously. Entry in one campaign, promotion or sweepstake does not constitute entry into any other.
5. Selection of Winner and Prize Claiming. There will be one winner in this Sweepstake selected through a random drawing from all eligible entries received in accordance with these Official Sweepstake Rules on or before June 1, 2016. One prize will awarded to the Sweepstake winner. HOOBLE™ has complete discretion over interpretation of the Official Sweepstake Rules, administration of the Sweepstake, and selection of the winner. HOOBLE™ will notify the potential winner by using information provided during user’s registration, including but not limited to, email, telephone or mail, within a commercially reasonable time after the drawing. The Sweepstake Entities are not responsible for false, incorrect, changed, incomplete or ineligible contact information. Potential winner may be required to submit an affidavit of eligibility/release of liability/prize acceptance agreement (collectively “Affidavit”) and return the Affidavit within the time period specified at notification before being eligible to receive his/her prize. If potential winner fails or refuses to sign and return such Affidavit within the required time period, or if the prize notification is returned as rejected, faulty, unclaimed or returned as undeliverable, such potential winner may be disqualified and an alternate selected with no further claim entitled to be made by said disqualified winner. If winner cannot accept the prize, or declines a prize for any reason prior to award, such winner may be disqualified and an alternate winner selected. If, for any reason, other bona fide winners come forward seeking to claim prizes in excess of the number of each type of prize set forth in these Official Sweepstake Rules, it will be HOOBLE’s sole and absolute discretion to resolve. The Sweepstake Entities are not responsible for and will not be liable for late, lost, damaged, intercepted, misdirected, or any unsuccessful effort to notify the potential winner of their prize.
6. Odds. Odds of winning will depend on the total number of eligible entries received.
7. Prizes, Values and Restrictions. The winner of the Sweepstake will receive an Apple® Store Gift Card with a value of $100. Prizes are non-transferable, with no cash redemptions, equivalents or substitutions except at HOOBLE’s sole and absolute discretion. All prize details not specified in these Official Sweepstake Rules will be determined at HOOBLE’s sole and absolute discretion. Prize details and availability are subject to change including a prize provider’s rules and restrictions. If HOOBLE™ is unable to provide winner with his/her prize, HOOBLE™ may elect to provide winner with the approximate value of such item in cash or award an alternate prize of comparable or greater value. All prizes are awarded “AS IS” and without warranty of any kind, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose). The winner accepts the award at their own risk and will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the prizes they receive, regardless of whether they, in whole or in part, are used. The actual value of the prize is based on available information provided to HOOBLE™ and the value of any prize awarded to a winner may be reported for tax purposes as required by law. A winner may be required to provide HOOBLE™ with a valid social security number or tax identification number before the prize will be awarded for tax reporting purposes. An IRS Form 1099 may be issued in the name of winner for the actual value of the prizes received. An unclaimed prize will be forfeited. A prize, if legitimately claimed, will be awarded. HOOBLE™ is not responsible for and will not replace any lost, mutilated, or stolen prizes. If the winner does not accept or use the entire prize, the unaccepted or unused part of the prize will be forfeited and HOOBLE™ will have no further obligation with respect to that prize or portion of the prize. HOOBLE™ will ship prize directly to winner in a commercially reasonable time after the prize claim process has been completed.
8. Waivers, Disclaimers and Releases. By participating in the Sweepstake, entrants agree to release, discharge and hold harmless the Sweepstake Entities and each of their respective directors, officers, employees, agents, successors and assigns (“Released Parties”) from and against any and all claims, liabilities, costs, losses, damages or injuries of any kind arising out of or related to entrants’ participation in the Sweepstake or related to any prize (including without limitation, losses, damages or injuries to entrants or any other person’s equipment or other property, or to their persons; or arising out of any violation of rights of publicity or privacy, or claims of defamation or portrayal in false light; or based on any claim of infringement of intellectual property; or from any typographical, human or other error in the printing, offering, selection, operation or announcement of any Sweepstake activity or prize). Without limiting the foregoing, entrants agree the Released Parties: (A) have neither made nor will be in any way responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, in connection with the Sweepstake or prizes including without limitation to any prize’s quality or fitness for a particular purpose; (B) maintain no control over the personnel, equipment, or operation of any carrier, transportation company, delivery company, manufacturer, or other person or entity furnishing services, products or accommodation (“Suppliers”) as part of the prizes provided in connection with the Sweepstake; and (C) will not be responsible or liable for any injury, damage, loss, expenses, accident, delay, inconvenience or anything else that may cause or contribute to: (1) the wrongful, negligent or unauthorized act or omission of the Suppliers or any cause, condition or event whatsoever beyond the control of the Released Parties. Entrants agree that Released Parties will have no responsibility or liability for discontinued prizes, human error, incorrect transcription of registration or account information, any technical malfunctions of the telephone network, computer online system, computer dating mechanism, computer equipment, software or Internet service provider utilized by HOOBLE™; interruption or inability to access websites or applications or HOOBLE’s websites or applications, or any other online service via the Internet due to hardware or software compatibility problems, any damage to participant’s or a third person’s computer or its contents related to or resulting from any part of the Sweepstake or prize, any lost/delayed data transmissions, omissions, viruses, bugs, defects or any other errors or malfunctions even if caused by the negligence of Released Parties. Entrants agree to indemnify and hold harmless Released Parties from and against any and all liability resulting or arising from the Sweepstake and to release all rights to bring any claim, action or proceeding against Released Parties and acknowledge that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to a prize, including express warranties provided by a Supplier. HOOBLE™ is not responsible for actions of entrants in connection with the Sweepstake, including attempts to circumvent the Official Sweepstake Rules or interfere with conduct of the Sweepstake.
BY ENTERING THE SWEEPSTAKE, ENTRANT AGREES TO THE EXTENT PERMITTED BY LAW: (A) ANY DISPUTES, CLAIMS, AND CAUSES OF ACTIONS ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKE OR ANY PRIZE, 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 OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED THE ACTUAL VALUE OF THE PRIZE, BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (C) IN NO EVENT WILL ENTRANTS BE PERMITTED TO OBTAIN ANY AWARD FOR DAMAGES IN EXCESS OF THE ACTUAL VALUE OF THE PRIZE AND ENTRANTS KNOWINGLY AND EXPRESSLY WAIVE ALL RIGHTS TO SEEK PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS OR ANY OTHER DAMAGES OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED THE CASH VALUE OF THE PRIZE, OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (D) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY, AND NOT IN EXCESS OF THE ACTUAL VALUE OF THE PRIZE) AND ENTRANTS IRREVOCABLY WAIVE ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF.
9. Notification of Winner/Official Sweepstake Rules. To receive a written notification of the winner or to receive a copy of the Official Sweepstake Rules, send a self-stamped addressed envelope prior to June 15, 2016 to: HOOBLE HOLDINGS, LLC. c/o HOOBLE $100 APPLE STORE GIFT CARD SWEEPSTAKE, 30 Old Kings Highway South, Darien, CT 06820 with your written request.
10. Announcement of Winner. The winner will be announced on http://www.hooble.com on or before June 1, 2016. The winner agrees to have their first name, first initial of their last name and their city/state location publicly announced via communications and newsletters, as well as published on http://www.hooble.com once the Sweepstake has concluded.