Here's your chance to win an Apple Watch Series 4! Enter now, and you'll
have a shot at taking home the latest in Apple smartwatch tech.
Terms
Apple is not affiliated with this contest. This
promotion is in no way sponsored, endorsed or administered by, or
associated with, Facebook. You are providing your information to
StackCommerce, Inc. and not to Facebook.
Giveaway official rules
OFFICIAL RULES FOR The Apple Watch Series 4 Giveaway
NO PURCHASE NECESSARY TO ENTER OR TO WIN.
VOID WHERE PROHIBITED.
1. Eligibility. Subject to the additional restrictions below, the
StackCommerce The Apple Watch Series 4 Giveaway Sweepstakes
(“Sweepstakes”) is open to all legal residents of the United States who
are eighteen (18) years of age or older as of the date of entry. For
purposes of these Official Rules, all times are Pacific Standard Time (PST).
Employees or agents of StackCommerce, Inc. (“StackCommerce”) and
co-sponsors of the Sweepstakes (if any) and their respective affiliates,
subsidiaries, advertising/promotional agencies, and the members of
their immediate families (i.e. parents, children, siblings or spouse) or
those persons living in the same household of such individuals are
ineligible to enter or win. The Sweepstakes is subject to all applicable
federal, state and local laws and regulations. Void where prohibited by
law. Participation constitutes entrant’s full and unconditional
agreement to these Official Rules, any terms that apply to your use of
Facebook’s policies and procedures (to the extent you seek Additional
Entry per below) and any other terms that apply to your use of Facebook
and Sponsor’s decisions, which are final and binding in all matters
related to the Sweepstakes. Winning a prize is contingent upon
fulfilling the eligibility requirements set forth above and below.
2. Sponsor(s): StackCommerce, Inc., 21 Market Street, Los Angeles,
California 90291 and any co-sponsors shown on the dedicated Sweepstakes
page at StackCommerce.com (collectively referred to hereafter as
“Sponsor”).
3. Sweepstakes Term. The Sweepstakes will end at 11:59 PM PST on 12/08/18 (the “Sweepstakes Term”). Sponsor’s computer is the official time keeping device for the Sweepstakes.
4. How To Enter. You may enter the Sweepstakes by visiting by
following all onscreen instructions to complete and submit the online
entry form (“Primary Entry”) on the dedicated Sweepstakes page. You can
earn an Additional Entry in the Sweepstakes when you send the
Sweepstakes page to a friend, age 21 or older, by following the
Additional Entry instructions on the screen (“Additional Entry”) and the
friend enters the Sweepstakes inputting your referral information. No
other methods of delivery will be accepted, including submission by
email. ALL ENTRIES MUST BE SUBMITTED DURING THE SWEEPSTAKES TERM.
All entries become the exclusive property of StackCommerce and will
not be acknowledged or returned. Winner will be selected at random. By
entering, you agree to the terms of these Official Rules and to receive
newsletters via electronic mail from the Sponsor or those directed by
Sponsor (see Section 12 below for more details). StackCommerce is not
responsible for incomplete, lost, damaged, forged, stolen, postage due,
late, undeliverable, misdirected, illegible entries or for failure to
receive entries due to transmission failures or technical failures of
any kind, including, without limitation, malfunctioning of any network,
hardware or software originating with StackCommerce. Any attempt by any
entrant to obtain more than the stated number of entries by using
multiple/different email addresses, identities, registrations and
logins, or any other methods will void that entrant’s entries and that
entrant may be disqualified. In the event of a dispute, all online
entries will be deemed to have been submitted by the owner of the ISP account from which they were sent. For these purposes, an ISP account holder shall mean the natural person assigned to such ISP account by the Internet access provider, online service provider or other organization responsible for assigning ISP addresses for the domain associated with such ISP account. Any questions regarding the number of entries submitted or the owner of an ISP
account shall be determined by StackCommerce in its sole and exclusive
discretion, and StackCommerce reserves the right to disqualify any
entries by persons determined to be tampering with or abusing any aspect
of the Sweepstakes.
5. Prizes & Approximate Retail Value. A total of $499 prizes will
be awarded to winners selected at random. One Grand Prize is
available, to be given away. The Grand Prize consists of: with an
approximate retail value (“ARV”) of $499. StackCommerce’s decisions as
to the administration and operation of the Sweepstakes and the selection
of the potential winner are final and binding in all matters related to
the Sweepstakes. The potential winner will be notified immediately via
email or through Facebook. The award of prizes exceeding a retail value
of $600 is subject to applicable withholding requirements and the winner
will receive an IRS Form 1099 reflecting the
actual final retail value of the prize. Where permitted by law, the
potential winner will be required to sign and return to Sponsor(s),
within seven (7) business days of the date the notice is sent, an
affidavit of eligibility and liability/publicity in order to claim their
prize. If a potential winner cannot be contacted or fails to sign and
return the affidavit of eligibility and liability/publicity release
within the required time period, the potential winner forfeits the
prize, unless prohibited by law. Receipt of a prize by a potential
winner is contingent upon fulfilling all requirements described herein.
The winners must continue to comply with all terms and conditions of
these Official Rules after prize notification. In the event that a
potential winner is disqualified for any reason, StackCommerce will
award the applicable prize to an alternate winner by random drawing held
by Sponsor from among all remaining eligible entries received during
the Sweepstakes Term. Prizes may not be transferred or assigned except
with Sponsor’s written consent.
6. Odds. The odds of winning a prize is equal to the number of
Sweepstakes prizes divided by the total number of entries to the
Sweepstakes.
7. Release and Indemnification. By entering the Sweepstakes, entrants
release any and all rights to bring any claim, action or proceeding
against Sponsor (including StackCommerce, Inc.) and Facebook and their
respective subsidiaries, affiliates, suppliers, distributors,
advertising/promotion agencies, and prize suppliers and their respective
parent companies and such companies’ officers, directors, employees and
agents (collectively, the “Released Parties”), and further covenant not
to sue any Released Parties and hereby acknowledge that none of the
Released Parties have made or is in any manner responsible or liable for
any third party claims, warranty, representation or guarantee, express
or implied, in fact or in law, relative to the Sweepstakes or the
prizes. By participating in the Sweepstakes and/or accepting any prize
that may be awarded, entrants agree to fully indemnify each Released
Party from any and all such claims by third parties without limitation.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE ANY AND ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA, WHICH PROVIDES AS FOLLOWS:
“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.”
You expressly waive and release any right or benefit which you have or
may have under Section 1542 of the Civil Code of the State of
California, to the full extent that you may waive all such rights and
benefits pertaining to the matters released here. In connection with
such waiver and relinquishment, you acknowledge that you are aware that
you may hereafter discover claims presently unknown or unsuspected, or
facts in addition to or different from those which you now know or
believe to be true, with respect to the matters released herein;
nevertheless, it is your intention through this release to fully and
finally and forever settle and release all such matters and claims
relative thereto, which do not exist, may exist or heretofore have
existed between you and the Released Parties. The release herein given
shall be and remain in effect as a full and complete release of such
claims and matters notwithstanding the discovery or existence of any
such additional or different claims or facts relative thereto.
Entrants agree that StackCommerce, Facebook, and any other Released
Parties shall not be responsible or liable for any losses, damages or
injuries of any kind resulting from the Sweepstakes or any
Sweepstakes-related activity (including any travel or events related to
prizes awarded). StackCommerce, Facebook, and any other Released
Parties assume no responsibility for any damage to an entrant’s computer
system which is occasioned by accessing or participating in the
Sweepstakes, or for any computer system, phone line, hardware, software
or program malfunctions, or other errors, failures, delayed computer
transmissions or network connections that are human or technical in
nature. In the event StackCommerce is prevented from continuing with the
Sweepstakes (or awarding any prize) as contemplated herein by any event
beyond its control, including but not limited to fire, flood,
earthquake, explosion, labor dispute or strike, act of God or public
enemy, or any federal, state or local government law, order, or
regulation, or other cause not reasonably within StackCommerce’s control
(each a “Force Majeure” event or occurrence), then subject to any
governmental approval which may be required, StackCommerce shall have
the right to modify, suspend, or terminate the Sweepstakes.
8. Publicity. Except where prohibited by law, participation in the
Sweepstakes constitutes winner’s consent to Sponsor’s and its agents’
use of winner’s name, likeness, photograph, voice, opinions and/or
hometown and state for promotional purposes, in any and all media
worldwide, for any purpose and without further payment or consideration,
including without limitation, commercial, advertising and promotional
purposes as well as in, on or in connection with Sweepstakes or other
promotions, and hereby releases StackCommerce from any liability with
respect thereto, unless prohibited by law.
9. Participation. By entering this Sweepstakes, entrants agree to be
bound by these Official Rules and the decisions of StackCommerce. If the
potential winner declines the prize, fails to claim the prize, is
unavailable for prize fulfillment, fails to abide by the Official Rules,
or is ineligible, StackCommerce may randomly select an alternate winner
from all remaining eligible entries. StackCommerce reserves the right
to disqualify persons found tampering with or otherwise abusing any
aspect of this Sweepstakes as solely determined by StackCommerce.
StackCommerce is not responsible for any non-intentional, incorrect or
inaccurate information associated with this Sweepstakes or for any
technical or human error that may occur in the administration of this
Sweepstakes. In the event the Sweepstakes is compromised by a virus,
non-authorized human intervention, tampering or other causes which
corrupts or impairs the administration, security, fairness or proper
operation of the Sweepstakes, StackCommerce reserves the right in its
sole discretion to suspend, modify or terminate the Sweepstakes. Should
the Sweepstakes be terminated prior to the stated expiration date,
StackCommerce reserves the right to award prizes based on the entries
received before the termination date. The winner releases Sponsor and
their affiliated companies from any claims, costs, expenses or liability
incurred by winner in connection with this Sweepstakes or winner’s
acceptance and use of the prize, including any travel related thereto.
StackCommerce’s failure to enforce any of these Official Rules shall not
constitute a waiver of that provision.
10. Limitations of Liability. The Released Parties are not
responsible for: (1) any incorrect or inaccurate information, whether
caused by entrants, printing errors or by any of the equipment or
programming associated with or utilized in the Sweepstakes; (2)
unauthorized human intervention in any part of the entry process or the
Sweepstakes; (3) technical or human error which may occur in the
administration of the Sweepstakes or the processing of entries; or (4)
any injury or damage to persons or property which may be caused,
directly or indirectly, in whole or in part, from entrant’s
participation in the Sweepstakes or receipt or use or misuse of any
prize. If for any reason an entrant’s entry is confirmed to have been
erroneously deleted, lost, or otherwise destroyed or corrupted,
entrant’s sole remedy is another entry in the Sweepstakes, provided that
if it is not possible to award another entry due to discontinuance of
the Sweepstakes, or any part of it, for any reason, StackCommerce, at
its discretion, may elect to hold a random drawing from among all
eligible entries received up to the date of discontinuance for any or
all of the prizes offered herein. No more than the stated number of
prizes will be awarded. In the event that production, technical,
seeding, programming or any other reasons cause more than stated number
of prizes as set forth in these Official Rules to be available and/or
claimed, StackCommerce reserves the right to award only the stated
number of prizes by a random drawing among all legitimate, unawarded,
eligible prize claims.
LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DELIBERATELY DAMAGE, DESTROY, TAMPER OR VANDALIZE THIS WEB SITE OR INTERFERE WITH THE OPERATION OF THE SWEEPSTAKES, IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND STACKSOCIAL RESERVES THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
11. Disputes. Any and all disputes, claims and causes of action
arising out of or connected with this Sweepstakes or any prize awarded
shall be resolved in accordance with the dispute resolution procedures
set forth in our Terms of Service (section 19)
https://stacksocial.com/terms
. Please review carefully as those procedures require binding
arbitration (in most instances) and waive any class action rights. You
acknowledge and agree that those procedures provide your sole and
exclusive avenue for resolving disputes related to the Sweepstakes.
12. Entrant’s Personal Information. By entering this Sweepstakes, you
are agreeing to receive the Sponsor(s)’ newsletters (including
newsletters from its affiliated sites) and accepted the provisions of
StackCommerce’s privacy policy located at
http://www.StackSocial.com/privacy/. Your information will never be
sold to anyone. You can unsubscribe easily from StackCommerce by
clicking on the unsubscribe link in the bottom of the newsletter. The
personal information collected from each entrant in the course of the
Sweepstakes will be used by StackCommerce for the purposes of
administration of the Sweepstakes and as otherwise permitted in
accordance with StackCommerce’s Privacy Policy and any applicable
Sponsor’s Privacy Policy. Please see StackCommerce’s Terms of Service
for more information. StackCommerce Inc. reserves the right to alter any
rules of any sweepstakes at anytime. If you have any questions or
complaints about a StackCommerce Inc. sweepstakes, please contact
info@StackSocial.com. You are advised that StackCommerce.com and the
Sweepstakes are hosted in the United States. If you are accessing
StackCommerce.com from the European Union, Australia, Asia, or any other
region with laws or regulations governing personal data collection,
use, and disclosure, that differ from United States laws, you are
transferring your personal data to the United States which does not have
the same data protection laws as such other regions. By providing your
personal information to StackCommerce.com, you are consenting to the
transfer of your information to the United States for processing and
maintenance in accordance with StackCommerce’s Privacy Policy and the
Official Rules. You are also consenting to the application of United
States law in all matters concerning the Sweepstakes and StackCommerce.
13. Construction. The invalidity or unenforceability of any provision
of these rules shall not affect the validity or enforceability of any
other provision. In the event that any such provision is determined to
be invalid or otherwise unenforceable, these rules shall be construed in
accordance with their terms as if the invalid or unenforceable
provision was not contained therein.
14. Winner List. For a copy of the name of the winner(s), available after 11:59 PM PST
on 12/08/18 + 1 month, 2018, or a copy of these Official Rules, send a
self-addressed, stamped envelope to, StackCommerce, Inc., Attn: “Winner
List/Official Rules” for The Apple Watch Series 4 Giveaway 21 Market
Street, Los Angeles, California 90291.
15. Facebook Disclosures. The Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Facebook.
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