GUARANTEED DAILY GIVEAWAY
OFFICIAL CONTEST RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. PURCHASE WILL NOT INCREASE YOUR ODDS OF WINNING.
The PrizesNow Guaranteed Daily Giveaway (the "Promotion") is sponsored by Bohemia Marketing, LLC. ("Company," “Companies”, " we" or "us"). By entering the Promotion, you agree to comply with the Official Contest Rules (the " Rules"). If you do not agree to the Rules, you are not permitted to enter the Promotion. The Rules take precedence and govern over any conflict or other inconsistency between the Rules and any marketing materials or emails relevant to the Promotions.
1. ELIGIBILITY. The Promotion is open to legal residents of the United States including the District of Columbia. The Promotion is void where otherwise prohibited by law. Employees, officers and directors of Company and the independent third party promotion company that will conduct the prize drawings ("Independent Third Party"), each of their respective legal representatives, affiliates, parents, subsidiaries, advertising, promotional, fulfillment and marketing agencies, and their immediate families (and those living in their respective households), are not eligible to participate or claim a Prize (as defined below) in the Promotion. For a printed copy of these Rules write to: Bohemia Marketing, LLC, Attn: PrizesNow Guaranteed Daily Giveaway, 606 Johnson Ave., Suite 24, Bohemia, NY 11716. All federal, state and local laws, rules and regulations apply.
2. PROMOTION PERIOD. For purposes of these Rules, the "Promotion Period" shall be the period beginning at 12:00:00 a.m. Eastern Time (" ET ") and ending at 11:59:59 p.m. ET on each Calendar day (“Game Day”) until the Promotion is ended by Company in it’s sole discretion.
To enter the Promotion, you must complete the registration form ("Promotion Registration Form") located at www.prizes-now.com (the "Prizes-Now©Website" or "Website"). The information requested may vary but must include, at a minimum, a valid email address and date of birth ("Registration Data"). Once you have completed a Promotion Registration Form, Company will send a link to confirm the email address provided in your Registration Data (the " Confirmation Email"). You must activate the link in the Confirmation Email in order for you to be eligible to win a Prize.
After you submit your Registration Data, you will be directed through a series of entry pages where you may select (or allow the Website to select by utilizing the "Quick Pick" option) between five (5) and seven (7) entry numbers ("Entry Numbers"), depending on the game (“Game”), from among a set of eligible numbers (“Eligible Numbers”); provided, however, that each Eligible Number may be used only once during that Game. Once you have successfully submitted your Entry Numbers, an Independent Third Party will select, randomly, a corresponding equal number of winning numbers from the Eligible Numbers (the "Winning Numbers") and, attempt to match up the selected Winning Numbers with the Entry Numbers in the Promotion Database for that Game.
You will be awarded entries into the Promotion (“Daily Entries”) based on the number of matches between your Entry Numbers and the Winning Numbers for each Game as follows: if your Entry Numbers match zero (0) Winning Numbers, you will be awarded one (1) Daily Entry. If your Entry Numbers match one (1) Winning Number, you will be awarded five (5) Daily Entries. If your Entry Numbers match two (2) Winning Numbers, you will be awarded ten (10) Daily Entries. If your Entry Numbers match three (3) Winning Numbers, you will be awarded twenty-five (25) Daily Entries. If your Entry Numbers match four (4) Winning Numbers, you will be awarded one hundred (100) Daily Entries. If your Entry Numbers match five (5) Winning Numbers, you will be awarded five hundred (500) Daily Entries. If your Entry Numbers match six (6) Winning Numbers, you will be awarded one thousand (1,000) Daily Entries. If your Entry Numbers match seven (7) Winning Numbers, you will be awarded five thousand (5,000) Daily Entries.
The total number of Daily Entries awarded each Game Day will be cumulative across all Games played. By way of example, if you match two (2) numbers in Game 1 and three numbers in Game 2, you will be awarded a total of thirty-five (35) Daily Entries into the Promotion for that Game Day.
Restrictions. Each individual person is only permitted on PrizeNow account and you may play each Game only once per Game Day. Any Entries (as defined below) submitted by the same individual in excess of the aforementioned Game Day limits will be discarded. Company reserves the right to reject any Entry that it believes, in its sole discretion, is fraudulent, incomplete or otherwise invalid. Without limiting the foregoing, please be advised that Company may employ certain technology (“Blocking Technology”) in connection with securing the Website that is designed to identify and block potential Promotion Entries submitted through use of bots and other unauthorized automated tools, scripts, technologies and computer programs (collectively, “Prohibited Technology”). Under certain circumstances, the Blocking Technology may incorrectly identify you as a user of Prohibited Technology and block your Entry in the Promotion. COMPANY IS NOT RESPONSIBLE FOR REGISTRATIONS OR ENTRIES THAT ARE BLOCKED BY OPERATION OF THE BLOCKING TECHNOLOGY. IF YOU FAIL TO COMPLETE A PROMOTION ENTRY FORM AND/OR SUBMIT AN ENTRY DURING ANY GAME DAY FOR ANY REASON INCLUDING, BUT NOT LIMITED TO, THE BLOCKING TECHNOLOGY IDENTIFIED YOU AS A USER OF PROHIBITED TECHNOLOGY, YOU WILL NOT QUALIFY FOR A PRIZE IN CONNECTION WITH THAT GAME DAY'S DRAWING, AND COMPANY WILL NOT BE LIABLE TO YOU IN ANY WAY FOR SUCH FAILURE TO COMPLETE THE FORM OR QUALIFY FOR A PRIZE. By entering the Promotion, you agree to the Promotion winner selection and decisions of Company and the Independent Third Party, which are final and binding in all respects. By entering the Promotion, you agree to receive e-mail marketing messages from Company and its affiliates. See Section 9 herein below for detailed information concerning the Company Privacy Policy ("Privacy Policy").
NO PURCHASE IS NECESSARY TO ENTER OR WIN THE PROMOTION. PURCHASING GOODS AND/OR SERVICES OFFERED BY OR THROUGH COMPANY OR OUR MARKETING PARTNERS WILL NOT INCREASE THE ODDS OF QUALIFYING FOR A PRIZE.
COMPANY IS NOT RESPONSIBLE FOR REGISTRATIONS, ENTRIES, CLAIMS OR NOTICES THAT ARE LOST, LATE, ILLEGIBLE, MISDIRECTED, DAMAGED, INCOMPLETE OR INCORRECT. IF YOU FAIL TO COMPLETE A PROMOTION ENTRY FORM DURING ANY GAME DAY FOR ANY REASON INCLUDING, BUT NOT LIMITED TO, YOUR INABILITY TO ACCESS THE WEBSITE, YOU WILL NOT QUALIFY FOR A PRIZE IN CONNECTION WITH THAT GAME DAY'S DRAWING, AND COMPANY WILL NOT BE LIABLE TO YOU IN ANY WAY FOR SUCH FAILURE TO COMPLETE THE FORM OR QUALIFY FOR A PRIZE. YOU ARE SOLELY RESPONSIBLE FOR COMPLYING WITH ALL REQUIREMENTS FOR RECEIVING A PRIZE THROUGH THE PROMOTION.
4. IDENTIFICATION OF ENTRANTS.Each Daily Entry will be collected and stored in a database “Entry Database” which will include the entire list of Entries, identified by email address and Entry Numbers, collected during each Game Day during the Promotion Period. Company will stop accepting entries at 11:59:59 p.m. ET at the end of each Game Day, and all non-winning Entries will be cleared from the Entry Database.
5. HOW TO WIN. Withing one (1) business day of the conclusion of each Game Day during the Promotion Period, one (1) winner (“Winner”) will be selected by random drawing under the supervision of the Sponsor from among all eligible entries received during the Promotion Period. All Winners will be notified via email within five (5) business days. Winners are subject to eligibility verification. There will be one (1) Winner each Game Day during the Promotion Period.
6. PRIZE DESCRIPTION. The winning entrant will receive five (5) dollars ($5.00) payable by check or other form chosen by Company in its discretion, within thirty (30) days of Winner verification. There is a maximum of one (1) Prize available each Game Day during the Promotion Period.
7. ODDS OF WINNING. The odds of winning depend on the number of eligible Daily Entries received each Game Day during the Promotion Period.
8. PRIVACY POLICY. The information submitted by entrants and prospective entrants in connection with the Promotion is covered by the Privacy Policy. To the extent that the Privacy Policy is in conflict or inconsistent with these Rules as they pertain to the Promotion, these Rules shall take precedence. For a copy of the Prizes-Now© Privacy Policy please go to: http://www.prizes-now.com/site/privacypolicy .
9. WINNERS' LIST. To request a list of Prize winners, send a self-addressed stamped envelope to: Bohemia Marketing, LLC, Attn: PrizesNow Guaranteed Daily Giveaway, 606 Johnson Ave, Suite 24 Bohemia, NY 11716.
10. TAX INFORMATION. Federal, state and local taxes, and all similar fees and assessments, are the responsibility of the applicable Prize winner. Company reserves the right to withhold taxes from any winning Prize, as appropriate.
11. NO SUBSTITUTION OF PRIZES. No substitution or transfer of Prizes will be accommodated or permitted, other than in Company's sole discretion.
12. PUBLICATION. Promotion entry constitutes permission for Company to use each entrant's name and likeness (including pictures) for advertising and promotional purposes without further compensation, excluding residents of the State of Tennessee and where otherwise prohibited by law.
13. RELEASE AND LIMITATION OF LIABILITY.By entering the Promotion, you waive any claim to any special, indirect, incidental, consequential or punitive damages against Company, however caused and under whatever theory of liability, including, but not limited to, loss of profits, loss of business opportunities or loss of goodwill or reputation, even if Company has been advised of or should have been aware of the possibility of such damages. Additionally, Company is not responsible for the actions or inactions of any other entrant in the Promotion. Regardless of any other provision of these Rules, in no event will Company's liability to you for any action or claim related to the Promotion, the Prize, or the Website, whether based on contract, tort, negligence or any other theory of liability, exceed the lesser of (a) your actual, direct damages, or (b) Twenty-five Thousand Dollars ($25,000.00). Some states and jurisdictions do not allow for the exclusion or limitation of incidental or consequential damages, so this limitation and exclusion may not apply to you.
14. CHOICE OF LAW/DISPUTE RESOLUTION/CLASS ACTION LIMITATION. Any disputes arising out of or related to the Promotion shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles). Should a dispute arise concerning the Promotion, the terms and conditions of these Rules or the breach of same by any party hereto the parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association in New York, NY, in accordance with the then current Commercial Arbitration rules of the American Arbitration Association and submitting an Initial Dispute Notice to us. We may choose to provide you with a final written settlement offer after receiving your Initial Dispute Notice ("Final Settlement Offer"). If we provide you with a Final Settlement Offer and you do not accept it, or we cannot otherwise satisfactorily resolve your dispute, you can submit your dispute for resolution by arbitration before a reputable arbitration organization as mutually agreed upon by the parties in your county of residence, by filing a separate Demand for Arbitration. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing contained herein shall be construed to preclude any party from: (a) seeking injunctive relief in order to protect its rights pending an outcome in arbitration; and/or (b) pursuing the matter in small claims court rather than arbitration. Although we may have a right to an award of attorneys' fees and expenses if we prevail in arbitration, we will not seek such an award from you unless the arbitrator determines that your claim was frivolous.
To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against Company and/or its employees, officers, directors, members, representatives and/or assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney's fees and court costs that Company incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (i) does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (ii) is an independent agreement. You may opt-out of these dispute resolution provisions by providing written notice of your decision within thirty (30) days of the date that you first submit an entry in connection with the Promotion.
15. SEVERABILITY. Should any part of these Rules be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect.
16. INDEPENDENT THIRD PARTY. The Independent Third Party is not involved in marketing the Promotion. The Independent Third Party is not the sponsor of the Promotion and will not respond to any inquiries. The Independent Third Party is responsible for the drawing of the Winning Numbers.
17. INDEMNIFICATION.You agree to release, indemnify and hold Company, Independent Third Party, each of their parents, subsidiaries and affiliates, and their respective members, officers, directors, employees, agents, co-branders and/or other partners, harmless from and against any and all liability, claims, expenses (including reasonable attorneys' fees, costs and settlement costs), damages, suits, costs, demands and/or judgments whatsoever, due to or arising out of: (a) your use (or use through your information) of the Promotion, the Prizes and/or the Website; (b) your breach of these Rules, the Member Terms and Conditions or the Privacy Policy; (c) any act or omission of yours, including your violation of any rights of another individual and/or entity; (d) the tax treatment of any payments or Prizes you receive (or any portion thereof); or (e) copyright infringement, improper use of likeness, personal injury, or death caused or incurred by you (or any combination of (a), (b), (c), (d) and (e)). The provisions of this paragraph are for the benefit of Company, Independent Third Party, each of their parents, subsidiaries and/or affiliates, and their respective members, officers, directors, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf, and this indemnification shall survive these Rules and your participation in the Promotion and use of the Website.
18. DISCLAIMER.YOU AGREE THAT YOUR USE OF THE WEBSITE AND PARTICIPATION IN THE PROMOTION SHALL BE AT YOUR SOLE RISK. THIS WEBSITE, THE PROMOTION, AND THE PRIZES PROVIDED BY COMPANY ARE PROVIDED "AS IS," AS AVAILABLE, AND WITHOUT ANY WARRANTIES OR CONDITIONS (EXPRESS OR IMPLIED, ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OR TRADE). ANY WEBSITE DOWNTIME, ERRORS, OR TEMPORARY MAINTENANCE THAT AFFECTS THE PROMOTION IS TO BE RESOLVED AT THE DISCRETION OF COMPANY. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE QUALITY, IDENTITY OR RELIABILITY OF ANY THIRD PARTY OR ANY WEBSITE OF ANY THIRD PARTY. COMPANY CANNOT GUARANTEE CONTINUOUS OR SECURE ACCESS TO THE WEBSITE OR THE PROMOTION OR THAT THE WEBSITE OR PROMOTION WILL MEET YOUR REQUIREMENTS. TO THE FULLEST EXTENT LEGALLY PERMITTED, COMPANY, INDEPENDENT THIRD PARTY, THEIR LEGAL REPRESENTATIVES, affiliates, subsidiaries, parents, agencies and each of their respective members, officers, directors, employees and agents, DISCLAIM AND EXCLUDE ALL IMPLIED WARRANTIES, TERMS AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Company, Independent Third Party, their legal representatives, affiliates, subsidiaries, parents, agencies and each of their respective members, officers, directors, employees and agents, are not responsible for lost, interrupted or unavailable network server or other connections, miscommunications, failed computer transmissions or technical failure, jumbled, scrambled or misdirected transmissions, any error or miscalculation associated with the Blocking Technology, or other error of any kind, whether human, mechanical or electronic. If any portion of the Promotion is compromised by virus, bugs, non-authorized human intervention or other causes beyond the control of Company, which, in the sole opinion of Company, corrupts or impairs the administration, security, fairness or proper determination of the Promotion, Company reserves the right, in its sole discretion, to suspend or terminate the Promotion or any part of the Promotion, or any combination of the above. Company, Independent Third Party, their legal representatives, affiliates, subsidiaries, parents, agencies and their respective members, officers, directors, employees and agents are not responsible for any problem with any Entry generated by computer hardware or software error or failure, whatever the cause, including in connection with the Blocking Technology. Company's sole responsibility for any irregular Entry that does not qualify for the relevant Game Day's drawing is replacement with another Entry in a subsequent Game Day drawing, if available.
19. DISQUALIFICATION. Persons found employing Prohibited Technology, or otherwise tampering with or abusing any aspect of the Promotion and/or Website, and/or persons found to have provided false statements or information in connection with the Promotion, as solely determined by the Company, will be disqualified from the Promotion and will forfeit any Prize awarded. Any use of robots, automated processes, macros, programs or third party methods to submit Promotion entries, and any participant using any such method, will be disqualified from the Promotion, and may be disqualified from any other promotions or contests provided by Company.
20. LEGAL WARNING. Any attempt by any individual, whether or not an entrant, to damage, destroy, tamper with or vandalize the Website, or otherwise interfere with the operation of the Promotion (including through the use of any Prohibited Technology), is a violation of criminal and civil law, and Company will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.
21. FORCE MAJEURE.Company shall not be responsible for the failure to perform or any delay in performance of any obligation hereunder due to labor disturbances, accidents, fires, floods, telecommunications or Internet failures, strikes, wars, riots, rebellions, blockades, acts of government, governmental requirements and regulations or restrictions imposed by law or any other similar conditions beyond the reasonable control of Company. The time for performance of such party shall be extended by the period of such delay.
22. MISCELLANEOUS. You are responsible for compliance with applicable local laws, keeping in mind that access to the content of this Website may not be legal for or by certain persons or in certain localities. Company will not be considered to have modified or waived any of its rights or remedies under these Rules unless the modification or waiver is in writing and signed by an authorized representative of Company. Nothing in these Rules or related policies should be deemed to confer rights or benefits on third parties. You will not transfer, assign or delegate your rights or obligations under these Rules to anyone without our express written permission, and any attempt to do so will be null and void. We may assign these Rules without restriction. You may find on the Website links to other websites or may receive telemarketing, e-mail and direct mail marketing messages from third parties affiliated with Company. You acknowledge and agree that Company is not responsible or liable for (a) the availability or accuracy of such websites, messages or resources; or (b) the content, advertising or products on or available from such websites, messages or resources. The inclusion of any link on the Website or transmission of any telemarketing, e-mail and direct mail marketing messages does not imply that Company endorses the linked website or messages. You use the links and messages at your own risk and expressly relieve Company from any and all liability arising from your use of any third-party website or messages. You shall be solely responsible for all content you provide on the Website or in connection with the Promotion, as well as any related consequences.
