NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING.
BY PARTICIPATING, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THESE OFFICIAL RULES INCLUDE INDEMNITIES TO THE PROMOTION ENTITIES (DEFINED BELOW) FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
THESE OFFICIAL RULES REQUIRE YOU TO AGREE TO ARBITRATE DISPUTES.
INTERNET ACCESS IS REQUIRED. WINNERS (AND ANY MINOR WINNER'S PARENT OR LEGAL GUARDIAN) MAY BE REQUIRED TO EXECUTE AND RETURN PRIZE ACCEPTANCE DOCUMENTS, AS MORE FULLY DETAILED BELOW.
MINORS MUST ASK THEIR PARENT OR LEGAL GUARDIAN FOR PERMISSION AND HELP TO PARTICIPATE. IF A PARTICIPANT IS AN ELIGIBLE MINOR IN HIS OR HER JURISDICTION OF PRIMARY RESIDENCE, HIS OR HER PARENT OR LEGAL GUARDIAN AGREES TO THESE OFFICIAL RULES ALONG WITH AND ON BEHALF OF HIS OR HER MINOR CHILD.
APPLE, INC. ("APPLE") IS NOT A SPONSOR OF DAMGOO SWEEPSTAKES, NOR DO THEY ENDORSE THIS SERVICE OR SPONSOR ANY PRIZE REDEMPTIONS.
– DamGoo ("Sponsor") hosts various sweepstakes (each, a "Sweepstakes") in connection with participation in its rewards program using an application known as DamGoo provided by Sponsor for use on mobile devices ("DamGoo App"). By taking part in the Sweepstakes, each participant (or your parent/legal guardian if you are a minor in your jurisdiction of primary residence) unconditionally agrees and accepts to be bound by these Official Rules and the decisions of Sponsor, which will be final and binding in all respects. The Sweepstakes provides participants with the opportunity to win a prize or prizes – AIBO, iPhone 6, iTunes gift card or mystery (random) prize (each a "Prize" and collectively, the "Prizes"). Sponsor reserves the right to permanently disqualify from the Sweepstakes any person it believes has violated these Official Rules. Sweepstakes of every prize (one AIBO, one iPhone 6, one iTunes gift card and one mystery (random) prize) take place once a year – 1 of January.
– Subject to the requirements is only open to legal residents of any one (1) of the fifty (50) United States or the District of Columbia who are at least thirteen (13) years of age as of their initial date of participation in the Sweepstakes; provided, however that in our discretion we may deem residents of other jurisdictions eligible if their participation and receipt of a Prize does not violate applicable law or result in Sponsor becoming subject to any affirmative obligations in a jurisdiction other than the United States (e.g., taxes, bonding, registration, liability, etc.). Employees, directors, officers, members, managers, agents and contractors of Sponsor or the advertising and promotion agencies or prize providers involved in the Sweepstakes, and each of their parents, affiliates, subsidiaries and divisions (collectively, the "Promotion Entities") and their immediate family members and those living in the same household (whether legally related or not) of each are not eligible to participate. For purposes of the Sweepstakes, "immediate family members" are defined as spouse, domestic partner, parents, legal guardians, in-laws, grandparents, siblings, children and grandchildren. The Sweepstakes is void in all U.S. territories, possessions, and overseas military installations and VOID WHERE PROHIBITED BY LAW. All rights and responsibilities of a minor under the Official Rules are conferred and assumed respectively by the minor's parent or legal guardian in representation of the minor.
– Eligible individuals who participate in the DamGoo rewards program using the DamGoo App and who choose the prize and cracked the egg(reach the counter 0) at list once during the Sweepstakes Period (2 of January – 31 of December each year).
– The Prize(s) to be awarded in the Sweepstakes and no credits or refunds will be issued for any.
– If any self-addressed stamped envelope, Prize notification or Sweepstakes-related communication is faulty, rejected or returned as undeliverable or if a potential winner does not respond according to the notification's or Sponsor's or its representative's instructions or cannot be reached after three (3) attempts have been made by Sponsor, that participant may forfeit his or her Prize and the Prize may go unawarded in Sponsor's sole discretion (as determined in Sponsor's sole discretion). Winners' and potential winners' Username or first name and last initial may be announced via the DamGoo App and elsewhere in Sponsor's sole discretion. If Sponsor determines at any time in its sole discretion that the winner or potential winner is disqualified, ineligible, in violation of these Official 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, Sponsor reserves the right to disqualify that winner or potential winner, even if the disqualified winner or potential winner may have been notified or displayed or announced anywhere.
– AS A CONDITION OF PARTICIPATING IN THE SWEEPSTAKES, each participant AGREES to release, indemnify, and hold harmless the promotion entities and the respective officers, directors, MEMBERS, MANAGERS, employees, representatives and agents of each (collectively "RELEASED PARTIES") from any and all liability WHATSOEVER or any injuries, loss, or damage of any kind arising from or in connection with the Sweepstakes, INCLUDING, WITHOUT limitation, THE USE, ACCEPTANCE, POSSESSION, MISUSE OR AWARDING OF THE PRIZE, WHILE PREPARING FOR, PARTICIPATING IN AND/OR TRAVELING TO OR FROM ANY PRIZE- OR PROMOTION-RELATED ACTIVITY, INCLUDING, WITHOUT LIMITATION, ANY INJURY, DAMAGE, DEATH, LOSS, OR ACCIDENT TO PERSON OR PROPERTY. EACH WINNER AGREES 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 PARTICIPANT 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."
– Sponsor reserves the right to void entries of and disqualify any person Sponsor believes may have attempted to tamper with or impair the administration, security, fairness or proper play of the Sweepstakes or abuse any participant or part of the Sweepstakes or is otherwise in violation of these Official Rules. Sponsor reserves the right to restrict or void entries or participation from any device identifier (e.g., IP address) if any suspicious entry and/or participation is detected. If for any reason, the Sweepstakes cannot be administered as planned for reasons which, in the sole opinion of Sponsor, may corrupt or affect the administration, security or integrity of the promotion, Sponsor reserves the right to modify or end the Sweepstakes without notice, which may include, without limitation, not awarding any Prizes or awarding the Prizes from among eligible entries received before or after a modification or suspension. Sponsor is not responsible for any inaccurate information, technical failures, unauthorized acts of third parties or other events beyond its control that may occur in connection with this promotion, the processing of orders or entries or the selection or notification of winners. Sponsor may disqualify any entries that use any robotic, programmed or similar entry method or in violation of these Official Rules. The Released Parties are not responsible for or liable for late, lost, damaged, intercepted, misdirected, or unsuccessful efforts to notify potential winners. The Released Parties are not responsible or liable for any of the following, whether caused by a Released Party, the participant, or by any other individual or entity: any lost, late, incomplete, illegible, mutilated, or misdirected entries, e-mail, mail, or Sweepstakes-related correspondence or materials or postage-due mail; any error, omission, interruption, defect, or delay in transmission or communication; viruses or technical or mechanical malfunctions; interrupted or unavailable cable or satellite systems; errors, typos or misprints in these Official Rules, prize distribution tables, in any Sweepstakes-related advertisements or other materials or elements; failures of electronic equipment, computer hardware or software; lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications or entry information. Released Parties are not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in participant's e-mail or other account to receive messages. Released Parties are not responsible, and may disqualify a participant at any time, if his or her e-mail address, telephone, or other contact information does not work or is changed without participant giving prior written notice to Sponsor. Failure to comply with these Official Rules may result in disqualification from the Sweepstakes. Participants further agree to not damage or cause interruption of the Sweepstakes and/or prevent others from using the Sweepstakes. Sponsor's failure to or decision not to enforce any provision in these Official 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 these Official Rules (including any alleged discrepancy or inconsistency in these Official Rules), it will be resolved in Sponsor's sole discretion CAUTION: ANY ATTEMPT TO DAMAGE ANY SERVICE, APPLICATION OR WEB SITE OR UNDERMINE THE LEGITIMATE OPERATIONS OF THE SWEEPSTAKES VIOLATES CRIMINAL AND CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, SPONSOR MAY SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW AND MAY DISQUALIFY ANY PARTICIPANT MAKING SUCH ATTEMPT. Without limiting any other provision in these Official Rules, Released Parties are not responsible or liable to any participant or winner or any person claiming through such participant or winner for failure to supply a Prize or any part thereof in the event that any of the Sweepstakes activities or the Promotion Entities' operations or activities are affected, as determined by the Sponsor in its sole discretion, including, without limitation, by reason of any acts of God, any action, regulation, order or request by any governmental or quasi-governmental entity (whether or not the action, regulations, order or request proves to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal) labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any law, rule, regulation, order or other action adopted or taken by any governmental, federal, state or local government authority, or any other cause, whether or not specifically mentioned above.
– By participating in the Sweepstakes (except where prohibited by law), participants consent to the use of their names, pictures, likenesses, voices, biographical data, and/or any information contained in their entry in advertising, promotion and marketing materials throughout the world, including on the Internet, by the Sponsor, its promotional partners and third-party marketing entities (collectively, the "Licensed Parties"), without additional compensation, notice, review, or approval, and each participant releases each of the Licensed Parties from any and all liability related thereto. Nothing contained in these Official Rules obligates the Licensed Parties to make use of any of the rights granted herein and winner waives any right to inspect or approve any such use.
– Certain portions of this section are deemed to be a "written agreement to arbitrate" under the FederalArbitration Act. You and Sponsor agree that this section satisfies the "writing" requirement of the Federal Arbitration Act.
Try to Resolve Disputes. If any controversy, allegation, or claim arises out of or relates to the Sweepstakes (a "Dispute"), then you and Sponsor agree to send a written notice to the other party providing a reasonable description of the Dispute, along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information that you provided under your account. If no such information exists or if such information is not current, then you and Sponsor have no obligation under this subsection (1). Your notice to us must be sent via email:
Name: DamGoo Attention: Legal
E-mail address: firstname.lastname@example.org
For a period of sixty (60) days from the date of receipt of notice from the other party, Sponsor and you will attempt to resolve the Dispute, though nothing will require either you or Sponsor to resolve the Dispute on terms that you and Sponsor, in each of our sole discretion, are not comfortable.
Sponsor – DamGoo