HitAGift™
Giveaway Rules
NO PURCHASE
NECESSARY TO PLAY OR TO WIN. PURCHASE
WILL NOT INCREASE YOUR ODDS OF WINNING.
The HitAGift™ Giveaway (the “Giveaway”) is
sponsored by HitAGift™ (“HitAGift™”). By entering the Giveaway, you agree to comply with and be bound by the following HitAGift™
Giveaway Rules (the “Giveaway Rules”). Please review the Giveaway Rules
carefully. If you do not agree to the Giveaway
Rules in their entirety, you are not permitted to enter the Giveaway.
ELIGIBILITY:
The Giveaway
is open only to individuals that are legal residents of, and living in, the
United States, who are eighteen (18) years of age or older (or the applicable
age of majority, if greater than eighteen (18) years of age in your
jurisdiction) and that can enter into legally binding contracts under
applicable law. The Giveaway is
expressly void in Puerto Rico and where otherwise prohibited by law. The
approximate retail value (“ARV”) of the Prize (as defined below) is shown with
the description of the Prize. Residents of New York, Florida and Rhode Island are not eligible to
participate or claim a Prize in the Giveaway where the ARV of the Prize is more
than Five Thousand Dollars ($5,000.00). Employees,
officers and directors of HitAGift™, its legal
representatives, affiliates, parent, 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 in the Giveaway.
LIMITED TIME ONLY:
The Giveaway commences when the
applicable Giveaway is first posted by and through the HitAGift™ mobile application (the “App”)
and ends on
the Giveaway Termination Time (“Giveaway Period”). For purposes of these Giveaway Rules, the
“Giveaway Termination Time” means the earlier to occur of: (a) 12:00am Pacific Standard Time
on the date that is one hundred and eighty (180) days after the date that the
Giveaway is first posted by and through the App or (b) the time that is set forth at the top of the Giveaway page (“Giveaway
Termination Time”). Entries must be received
prior to the Giveaway Termination Time to be
eligible for a Prize.
HOW TO
ENTER:
In order to complete the Giveaway
entry process, each prospective entrant must provide his or her: (a) birth year
and (b) user name (“Initial Registration Data”). Entrants who are potential Prize winners may
be required to provide some or all of the following: (i) full name; (ii)
mailing address; (iii) e-mail address; (iv) date of birth; (v) gender; (vi)
Social Security Number; (vii) picture proof of identification, which may
include a driver’s license, passport, voting card or similar government issued
identification; and (viii) any other information requested by HitAGift™
(“Prize
Winner Data,” and together with the Initial Registration Data, the
“Registration Data”). Entrants must update their Registration Data, as necessary,
to remain eligible to win.
Entrants will be able to enter the Giveaway by
clicking on the “Enter” button associated with a given Giveaway (each, an
“Entry”).
Any attempt by any participant to obtain Entries by using multiple/different identities, registrations and/or user names, or any other improper method, will void all of that participant’s Entries and that participant will be disqualified from participating in that Giveaway and/or any future Giveaways. Use of any automated system to participate is prohibited and will result in disqualification.
HitAGift™ reserves the right to reject any Entry that it believes,
in its sole and reasonable discretion, is fraudulent, incomplete or otherwise
invalid.HitAGift™ is not responsible
for Entries, claims or notices that are lost, late, illegible, misdirected,
damaged, incomplete or incorrect. By entering the Giveaway, you agree to
receive telemarketing, e-mail and direct mail marketing messages from HitAGift™ and its advertising affiliates, subject to
the HitAGift™ Privacy Policy
("Privacy Policy"). See the
“Privacy Statement” section hereinbelow for a link to the Privacy Policy.
IDENTIFICATION
OF ENTRANTS:
Each Entry
will be identified by the applicable entrant’s user name and a unique user ID assigned to each entrant upon registration, as
collected and stored in the Giveaway Database.
For purposes of these Giveaway Rules, the “Giveaway Database” is defined
as the entire list of valid Entries generated during the Giveaway
Period. HitAGift™ will stop accepting Entries at the Giveaway Termination
Time.
HOW TO WIN A
PRIZE:
Within five (5)
business days of the Giveaway Termination Time,
HitAGift™ will randomly select one (1) Entry from the Giveaway Database using
a proprietary randomized formula (“Winner Selection”) for the Prize. The potential Prize winner will be notified
via an in-App notification within ten (10) days after Winner Selection. The potential Prize winner shall be subject
to eligibility verification. The
potential Prize winner will be required to provide Prize Winner Data within
thirty (30) days following attempted notification.
Non-compliance within
this time period may result in forfeiture of the applicable Prize. In addition, the potential Prize winner may
be required to provide picture proof of identification, which may include a
driver’s license, passport, voting card or similar government issued
identification, and proof that she/he is the entrant that submitted the
applicable winning Entry. The return of
a Prize and/or Prize notification as undeliverable may result in
forfeiture. In no case shall HitAGift™
be liable in any manner where a winner has not received notification sent from HitAGift™
or where HitAGift™ fails to receive a response from the potential Prize
winner within the required response period.
The winning Entry, as
well as the associated information of the potential Prize winner, must
identically match the records maintained by HitAGift™ in order for a Prize to
be awarded. In the event of a dispute,
the information maintained by HitAGift™ will govern. Entries will be deemed made by the person
under whose user name and user ID the Entry was
submitted, regardless of who actually submitted the Entry.
PRIZE :
A description of the Prize is set forth at the
top of the Giveaway page. The Prize is non-transferable,
and no substitution will be made except as provided herein, in HitAGift’s™ sole discretion. HitAGift™ reserves the right to substitute the Prize, or any
portion thereof, for a substitute of equal or greater value for any
reason. Some restrictions may apply.
All Registered Trademarks associated with the Prize are the property of the respective Trademarks Owners. Please be advised that HitAGift™ is not in any way affiliated with these
merchants and the Giveaway is neither endorsed, nor sponsored, by the Trademarks Owners. The use of
any Registered Trademarks without the Trademarks Owners’ prior express written
consent is strictly prohibited.
ODDS OF
WINNING A PRIZE:
The odds of
winning a Prize depend on the number of
entrants participating in the Giveaway and the number of eligible Entries earned by each such entrant during the Giveaway Period.
PRIVACY
STATEMENT:
For a thorough recital of the HitAGift™ Privacy Policy, Click Here. To the fullest extent that the HitAGift™ Privacy Policy is in conflict or inconsistent with these Giveaway
Rules as they pertain to the Giveaway, these Giveaway Rules shall take
precedence.
WINNERS ANNOUNCEMENT:
The Prize
winner information can be found in the “ANNOUNCED” section on the “Giveaway”
page.
TAX
INFORMATION:
Federal, state and local taxes, and all
similar fees and assessments, are the responsibility of the Prize winner. HitAGift™ reserves the
right to withhold taxes from the winning Prize, as appropriate. HitAGift™
reserves the right to file a form 1099-MISC for the Prize winner where the ARV of the Prize is Six Hundred Dollars ($600.00) or more.
NO
SUBSTITUTION OF WINNERS:
No substitution or transfer of Prizes
will be accommodated or permitted, other than as expressly set forth herein or
in HitAGift’s™ sole discretion.
PUBLICATION:
Giveaway entry constitutes permission
for HitAGift™ to use entrants’ names, likenesses, reviews on Google Play® Store and other comments and photos in connection with
the Giveaway on social media platforms for advertising and promotional
purposes without further compensation, excluding residents of the State of Tennessee and where otherwise prohibited by law.
RELEASE:
By entering the Giveaway, each entrant
agrees to release and hold harmless HitAGift™, its representatives,
affiliates, subsidiaries, parent, agencies and their respective members,
officers, directors, employees and agents from and against any and all liability
for any injuries, loss or damage of any kind arising from, or in connection
with, the Giveaway including, but not limited to, liability arising from
copyright infringement, improper use of likeness, personal injury, death,
damages or monetary loss. Restrictions,
conditions and limitations apply. By
entering, each entrant further agrees that, in the event that there is any
conflict or other inconsistency between the Giveaway Rules and any
advertisements, promotional or marketing materials, e-mails or announcements
relevant to the Giveaway, these Giveaway Rules will govern.
CHOICE OF
LAW/DISPUTE RESOLUTION/CLASS ACTION:
These Giveaway Rules
shall be treated as though they were executed and performed in Palo Alto, California and 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 Giveaway, the Prize, the App,
the terms and
conditions of these Giveaway Rules or the breach of same by any party hereto:
(a) the parties agree to submit their dispute for resolution by
arbitration before a reputable arbitration
organization as mutually agreed upon by the parties; and (b) you agree to first commence a formal dispute proceeding by
completing and submitting an Initial Dispute Notice which can be found Here. 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 and you wish to proceed, you must 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, which is available
Here. For claims of Ten Thousand Dollars
($10,000.00) or less, you can choose whether the arbitration proceeds in
person, by telephone or based only on submissions. If the arbitrator awards you relief that is
greater than our Final Settlement Offer, then we will pay all filing,
administration and arbitrator fees associated with the arbitration and, if you
retained an attorney to represent you in connection with the arbitration, we
will reimburse any reasonable attorneys’ fees that your attorney accrued for
investigating, preparing and pursuing the claim in 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: (i) seeking
injunctive relief in order to protect its rights pending an outcome in
arbitration; and/or (ii) 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 HitAGift™ 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 HitAGift™ incurs
in seeking such relief. This provision
preventing you from bringing, joining or participating in class action
lawsuits: (A) 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 (B) 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 enter the Giveaway.
DISQUALIFICATION:
HitAGift™, its legal representatives,
affiliates, subsidiaries, parent, agencies and their respective members,
officers, directors, employees and agents, are not responsible for lost,
interrupted or unavailable network server or other connections,
miscommunications, failed telephone or computer transmissions or technical
failure, lost Entries, jumbled, scrambled or misdirected transmissions, or
other error of any kind, whether human, mechanical or electronic. Persons found tampering with or abusing any
aspect of the Giveaway, as solely determined by HitAGift™, will be
disqualified. If disqualified for any of
the above reasons, HitAGift™ reserves the right to terminate entrant’s
eligibility to participate in the Giveaway.
In the event that any portion of the Giveaway is compromised by technical
error, virus, bugs, non-authorized human intervention or other causes beyond
the control of HitAGift™ which, in the sole opinion of HitAGift™, corrupts
or impairs the administration, security, fairness or proper determination of
the Giveaway, HitAGift™ reserves the right, in its sole discretion, to
suspend or terminate the Giveaway or any part of the Giveaway, or any
combination of the above. HitAGift™, its
legal representatives, affiliates, subsidiaries, parent, agencies and their
respective members, officers, directors, employees and agents are not
responsible for any problem with Entries generated by computer hardware or
software malfunction, error or failure, whatever the cause.
INDEMNIFICATION:
You agree
to release, indemnify and hold HitAGift™, its legal representatives, affiliates,
subsidiaries, parent, agencies and their respective members, officers,
directors, employees and agents, harmless from and against any and all claims,
expenses (including reasonable attorneys' fees, costs and settlement costs),
damages, suits, costs, demands and/or judgments whatsoever, made by any third
party due to or arising out of: (a) your improper and/or unauthorized use of
the App and/or participation in the Giveaway; (b) your breach of these Giveaway
Rules; and/or (c) your violation of any rights of another individual and/or
entity. The provisions of this paragraph
are for the benefit of HitAGift™ and its legal
representatives, affiliates, subsidiaries, parent, agencies and their
respective members, officers, directors, employees and agents. Each of these individuals and entities shall
have the right to assert and enforce these provisions directly against you on
its own behalf.
LEGAL
WARNING:
Any attempt
by any individual, whether or not a entrant, to damage, destroy, tamper with or
vandalize the App, or otherwise interfere with the operation of the Giveaway,
is a violation of criminal and civil law and HitAGift™ 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.