NO PURCHASE NECESSARY TO ENTER OR WIN. PURCHASE WILL NOT INCREASE YOUR ODDS OF WINNING.
The 84930-K Five Hundred Dollar Sweepstakes (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: 84930-K Five Hundred Dollar Sweepstakes Rules, 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") on March 1, 2019 and ending at the earlier of: (a) 11:59:59 p.m. ET on February 29,2020; or (b) when there is a Prize Winner (as defined in Section 5 below). Thereafter, new Promotion Periods shall commence at 12:00:00 a.m. ET on the day following the Prize Winner identification and continue in the same manner but in no event shall any Promotion Period extend beyond 11:59:59 p.m. ET on February 29,2020.
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 may be directed through a series of entry pages, which will include entry pages to one or more promotional contests offered by Company (individually, an "Initial Promotion," and collectively, the "Initial Promotions"), together with the entry page for this Promotion that will be mixed in randomly among the entry pages for the Initial Promotions. You must complete the entry pages in the order presented to you in order to be eligible to move to the next entry page, whether for an Initial Promotion or this Promotion. Company, in its sole discretion, will decide the number, type, and order of the entry pages for the various Initial Promotions and this Promotion for any given Game Day (as defined below), and the number, type, and order of entry pages for the Initial Promotions and this Promotion may vary between Game Days. Each Initial Promotion shall be subject to, and governed by, separate rules associated with that Initial Promotion.
Once you have completed entry pages for any Initial Promotions that are first offered by Company for the relevant Game Day (if any), you will be directed to the first entry page for this Promotion, where you may select (or allow the Website to select by utilizing the "Quick Pick" option) any five (5) numbers ("Entry Numbers"), from one (1) to forty-five (45) ("Eligible Numbers"); provided, however, that each Eligible Number may be used only once during that Game. Once you have selected and submitted your first set of Entry Numbers, you will be entered into the Promotion for that Game Day (as defined below) and given a website entry ("Website Entry").
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 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 on February 29,2020 and at the end of each Game Day, all non-winning Entries will be cleared from the Entry Database.
5. HOW TO WIN. Once you have successfully submitted your Entry, the Independent Third Party will select, randomly, the five (5) winning numbers from the Eligible Numbers (the "Winning Numbers") and, where applicable, attempt to match up the selected Winning Numbers with the Entry Numbers in the Promotion Database for that Game. If there is a match between the all five (5) Winning Numbers and eligible Entry Numbers in the Promotion Database for that Game, and thus there is a Prize winner, he/she will be notified via email within thirty (30) days after the Winning Numbers are selected. In the event of a match, the Promotion will end at the conclusion of that Game Day, and all further Entries and drawings for any subsequent Game Days will be considered drawn during the following Promotion Period, if any. If more than one (1) entrant's Entry Numbers match the Winning Numbers on a given Game Day, the Prize shall be divided evenly amongst the winners and distributed to the winners by Company. Prize winners are subject to eligibility verification. Prize winners will be required to execute a notarized Affidavit of Eligibility and Liability/Publicity Release ("Affidavit"), and return such Affidavit within thirty (30) days following attempted notification, together with a recent picture of the Prize winner, for Company's use according to the specifications set forth in the Affidavit or as later requested by Company. Non-compliance within this time period may result in forfeiture of the Prize.
In addition, Prize winners will be required to provide (a) picture proof of identification, which may include a driver's license, passport, voting card or similar government issued identification; (b) proof that they are the entrant that submitted the applicable winning Entry; and (c) such tax and withholding documentation as may be reasonably required by Company (in its discretion) to comply with its tax reporting requirements. Prize winners may also be required to provide Company with proof that they are the authorized account holder of the electronic mail address associated with the potential winning Entry. The return of a Prize/Prize notification as undeliverable may result in forfeiture. In no case shall Company be liable in any manner where a winner has not received notification sent from Company or where Company fails to receive a response from the winner within the required response period. The winning Entry Numbers, as well as the associated information of the winner, must identically match the records maintained by the Independent Third Party and Company in order for a Prize to be awarded. In the event of a dispute, the information maintained by the Independent Third Party and Company will govern. Entries will be deemed made by the person under whose name the Entry was registered, regardless of who actually submitted the Entry. Be sure to use your correct name and your own e-mail address. In the event a Prize winner is a legal resident of Canada, and living in Canada, a skills test must be successfully completed in order for the Prize winner to claim the Prize. See Section 7 herein below for a detailed Prize description.
6. PRIZE DESCRIPTION. The winning entrant, if any, for the Promotion will receive the Five Hundred Dollar ($500.00) prize, which will be payable by check or other form chosen by Company in its discretion, within thirty (30) days of return of the completed and valid Affidavit, together with all other documentation and verifications reasonably requested by Company (the "Prize"). If more than one (1) entrant's Entry Numbers match the Winning Numbers during the same Game Day, the Prize shall be divided evenly amongst the winners and distributed to the winners by Company. There is a maximum of one (1) Prize available each Game Day during the Promotion Period.
7. ODDS OF WINNING. The odds of winning the Prize (that is, the odds of any set of Entry Numbers matching the Winning Numbers) are 1,221,759 to 1.
9. WINNERS' LIST. To request a list of Prize winners, send a self-addressed stamped envelope to: Bohemia Marketing, LLC, Attn: 84930-K Five Hundred Dollar Sweepstakes, 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.
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, 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 Promotion Entry generated by computer hardware or software error or failure, whatever the cause. Company's sole responsibility for any irregular Promotion Entry that does not qualify for the relevant Game Day's drawing is replacement with another Promotion Entry in a subsequent Game Day's drawing, if available.
19. DISQUALIFICATION. Persons found tampering with or abusing any aspect of the Promotion and/or Website, as solely determined by the Company, will be disqualified, as will persons found to have provided false statements or information in connection with the Promotion, likewise as solely determined by the Company. 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 and may be disqualified from any other promotions or contests provided by Company. If disqualified for any of the above reasons, Company reserves the right to terminate each entrant's eligibility to participate in the Promotion.
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, 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.