The Oktoberfest Sweepstakes
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCE OF WINNING.
1. Promotion Description: The Oktoberfest Sweepstakes (the “Sweepstakes”) begins on September 30, 2017, at 12:01 a.m. Eastern Time (“ET”), and ends on October 1, 2017, at 11:59 p.m. ET (the “Promotion Period”). At the end of the Promotion Period, up to one hundred (100) prize winners will be selected from all eligible entries received during the Promotion Period as set forth more fully below. Entry in the Sweepstakes does not constitute entry into any other promotion, contest or sweepstakes. By participating in the Sweepstakes, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of GSN Games, Inc., located at 100 Summer Street, Floor 11, Boston, Massachusetts 02110 (“Sponsor”), which shall be final and binding in all respects.
2. Eligibility: Only legal residents of the United States, Canada (excluding Quebec) and the United Kingdom who are eighteen (18) years of age or older and have access to the GSN Casino App (the “App”) and the GSN Casino App through Facebook (the “Facebook App”) at the time of entry are eligible to enter. Those persons who are involved with the development, production or distribution of the Sweepstakes, along with the officers, directors and employees of Sponsor, Sony Pictures Entertainment Inc., AT&T, DIRECTV and each of their respective parents, subsidiaries, divisions, and affiliates, (all such individuals and entities referred to collectively as the “Promotion Entities”), and the immediate family members of and those living in the same household (whether related or not) as any of the individuals in the preceding categories, and any person whose access to www.GSN.com and/or www.WorldWinner.com has been terminated or suspended, are not eligible to enter the Sweepstakes or win a prize. This Sweepstakes is void where prohibited. This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Facebook.
3. How To Enter: There are two (2) ways to enter the Sweepstakes:
(a) Each time you make a purchase on the App or the Facebook App during the Promotion Period, you will receive one (1) entry into the Sweepstakes. Proof of entering information or making a purchase on the App or the Facebook App is not considered proof of delivery to or receipt by Sponsor of such entry. All entries made on the App or the Facebook App must be received by the end of the Promotion Period in order to participate.
(b) To enter without making a purchase, visit the App or the Facebook App, read these Official Rules, and then hand print in ink on a letter-size sheet of paper your full name, complete home address and zip code, home telephone number and area code, month and year of birth. Mail your completed entry form and entry in a first-class stamped business-size envelope to: The Oktoberfest Sweepstakes, GSN Games, Inc., 100 Summer Street, Floor 11, Boston, Massachusetts 02110 Attn: MARKETING DEPARTMENT. Upon receipt of your mail-in entry, you will receive one (1) entry into the Sweepstakes. All mail-in entries must be postmarked by the end of the Promotion Period in order to participate. No metered mail will be accepted. No copies, facsimiles or mechanical reproductions will be accepted. Sponsor assumes no responsibility for lost, late, incomplete, stolen, misdirected, illegible or postage due entries or mail. Limit one (1) entry per outer mailing envelope. All mail-in entries will be placed into the drawing relating to the App. All mail-in entries must be received by October 3, 2017.
The clock associated with the App or the Facebook App will be the official time keeper for this Sweepstakes. Entry must be made by the entrant, only as set forth herein. Entries made by any other individual or any entity, including but not limited to commercial sweepstakes subscription notification and/or entering service sites, will be declared invalid and disqualified for this Sweepstakes. Tampering with the entry process or the operation of the Sweepstakes, including but not limited to the use of any device to automate the entry process, is prohibited and any entries deemed by Sponsor, in its sole discretion, to have been submitted in this manner will be void. In the event a dispute regarding the identity of the individual who actually submitted an entry cannot be resolved to Sponsor’s satisfaction, the affected entry will be deemed ineligible. The Promotion Entities shall not be responsible for incorrect or inaccurate entry information whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Sweepstakes or by any technical or human error which may occur in the processing of the entries in the Sweepstakes. The Promotion Entities assume no responsibility or liability for any error, omission, interruption, deletion, theft or destruction, or unauthorized access to, or alteration of entries.
4. Winner Selection and Notification: At the end of the Promotion Period, up to one hundred (100) prize winners will be randomly selected in a drawing from all eligible entries received throughout the Promotion Period. Fifty (50) winners will be selected from participants through the App, and fifty (50) winners will be selected from participants through the Facebook App. The drawing will be conducted by Sponsor or its designee, using randomization methods selected by Sponsor in its sole discretion. A potential winner will be notified using contact information associated with the potential winner’s App or Facebook App registration. Each entrant is responsible for keeping their contact information up to date and accurate. Sponsor shall have no liability for any winner notification that is lost, intercepted or not received by a potential winner for any reason. If, despite reasonable efforts, a potential winner does log onto the App or Facebook App to claim his or her prize on or before 11:59 p.m. ET on October 14, 2017 (or an alternate date designated by Sponsor in the notification), or if the prize or prize notification is returned as unclaimed or undeliverable to such potential winner, such potential winner will forfeit his or her prize and an alternate winner may be selected. If any potential winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines a prize for any reason prior to award, such potential winner will be disqualified and an alternate winner may be selected. Sponsor may successively attempt to contact one (1) potential winner of an applicable prize in accordance with such procedure, and if there is still no confirmed winner of such applicable prize after such attempts have been made, if any, such prize may go unawarded.
Grand Prize. One Hundred (100) Grand Prizes are available. Each Grand Prize consists of a $50 Amazon Gift Card. Fifty (50) winners will be selected from participants through the App, and fifty (50) winners will be selected from participants through the Facebook App.
Odds of winning a prize depend on the number of eligible entries received during the Promotion Period.
6. General Prize Conditions: Prizes will be awarded to each potential winner only if each potential winner fully complies with these Official Rules. Prizes are non-assignable and non-transferable. Prizes pictured in point-of-sale, online, television and print advertising, promotional packaging, and other Sweepstakes materials or otherwise described on-air or otherwise are for illustrative purposes only. All details and restrictions of the prizes not specified in these Official Rules will be determined by Sponsor in its sole discretion. No substitution of prizes will be allowed, except Sponsor reserves the right in its sole discretion to substitute prizes of comparable value if any prize is unavailable, in whole or in part, for any reason. If any potential prize winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines a prize for any reason prior to award, such potential winner will be disqualified and an alternate winner may be selected. Each prize winner shall be solely responsible for all federal, state and/or local taxes, and the reporting consequences thereof, and for any other fees or costs associated with the applicable prize. If required by law, Sponsor reserves the right to withhold and remit to the appropriate taxing authorities the amount of any taxes due. Each prize winner may be required to execute an Affidavit of Eligibility, a Liability Release, and (where imposing such condition is legal) a Publicity Release and any other applicable forms required by tax authorities and/or Sponsor (collectively, “Prize Claim Documents”). If the winner is under the age of majority in such winner’s state of residence (a “minor”), at Sponsor’s option, the applicable prize either will be awarded in the name of the parent or legal guardian of such minor winner, or the parent or legal guardian of such minor winner will be required to ratify and sign Prize Claim Documents. If any potential winner (or, in the case of a minor, such minor potential winner’s parent or legal guardian) cannot be identified, cannot be contacted or reached after a reasonable attempt has been made (as determined by Sponsor in its sole discretion), fails or refuses to sign and return all Prize Claim Documents within five (5) days of notification or otherwise fails to comply with these Official Rules, such potential winner may be disqualified and will not receive a prize. Canadian residents may need to correctly answer a time-limited, mathematical skill-testing question, without assistance of any kind, whether mechanical, electronic or otherwise, prior to being declared a winner.
Sponsor makes no warranties, and hereby disclaims any and all warranties, express or implied, concerning any prize furnished in connection with the Sweepstakes. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUCH PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SPONSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.
7. General Liability Release/Force Majeure: Acceptance of a prize constitutes winner’s (or any minor winner’s parent or legal guardian) permission for the Promotion Entities to use winner’s name, photograph, likeness, voice, biographical information, statements and address (city and state) for advertising and/or publicity purposes worldwide and in all forms of media now known or hereafter developed, in perpetuity, without further compensation. By participating in the Sweepstakes, entrants (and any minor entrant’s parent or legal guardian) agree that the Promotion Entities and Facebook: (A) shall not be responsible or liable for, and are hereby released from, any and all costs, injuries, losses or damages of any kind, including, without limitation, death and bodily injury, due in whole or in part, directly or indirectly, to participation in the Sweepstakes or any Sweepstakes-related activity, or from entrants’ acceptance, receipt, possession and/or use or misuse of any prize; and (B) have not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to any prize, including, without limitation, to such prize’s quality or fitness for a particular purpose. The Promotion Entities assume no responsibility for any injury or damage to entrants or any other person, or to entrant's or any other person's computer or telephone equipment relating to or resulting from entering, participating in or downloading materials or software in connection with this 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. Without limiting the generality of the foregoing, Sponsor is not responsible for incomplete, illegible, misdirected, misprinted, late, lost, damaged, stolen, or postage-due submissions or prize notifications; or for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet service providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, difficulties or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Sweepstakes, the App, the Facebook App, to be acting in violation of these Official Rules, or to be acting in an unsportsman-like or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Sweepstakes, or to annoy, abuse, threaten or harass any other person in connection with this Sweepstakes or any other contest, sweepstakes, promotion or event of any kind or nature sponsored or administered by Sponsor or its affiliate, subsidiary or parent companies, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. No mechanically reproduced, illegible, incomplete, forged, software-generated or other automated multiple entries will be accepted. Sponsor reserves the right to modify, extend, suspend, or terminate the Sweepstakes if it determines, in its sole discretion, that the Sweepstakes is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other causes beyond Sponsor’s control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of the Sweepstakes as contemplated herein. In the event an insufficient number of eligible entries are received and/or Sponsor is prevented from awarding prizes or continuing with the Sweepstakes as contemplated herein by any event beyond its control, including but not limited to, fire, flood, natural or man-made epidemic of health of other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), then Sponsor shall have the right to modify, suspend, extend or terminate the Sweepstakes. If the Sweepstakes is terminated before the designated end date or time, Sponsor will (if possible) select the prize winner(s) from all eligible, non-suspect entries received up to the event giving rise to the termination. Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances. These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with the law by a duly authorized representative of Sponsor. 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 provision is determined to be invalid or otherwise unenforceable or illegal, these rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
9. Governing Law/Jurisdiction: ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR SPONSOR IN CONNECTION WITH THE SWEEPSTAKES SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE UNITED STATES OF AMERICA AND THE STATE OF CALIFORNIA WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OF CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S OR COUNTRY’S LAWS.
10. Arbitration Provision: By participating in this Sweepstakes, each entrant agrees that (1) any claim, dispute, or controversy (whether in contract, tort, or otherwise) the entrant may have against the Promotion Entities arising out of, relating to, or connected in any way with the Sweepstakes, the awarding or redemption of any prize and/or the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS; (2) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (3) the arbitration shall be held in Los Angeles, California; (4) the arbitrator’s decision shall be controlled by the terms and conditions of these Official Rules and any of the other agreements referenced herein that the applicable participant may have entered into in connection with the Sweepstakes; (5) the arbitrator shall apply California law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (6) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only the entrant’s and/or the applicable Promotion Entities’ individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (7) the arbitrator shall not have the power to award punitive damages against the entrant or any Promotion Entity; (8) in the event that the administrative fees and deposits that must be paid to initiate arbitration against any Promotion Entity exceed $125 USD, and the entrant is unable (or not required under the rules of JAMS) to pay any fees and deposits that exceed this amount, Sponsor agrees to pay them and/or forward them on the entrant’s behalf, subject to ultimate allocation by the arbitrator. In addition, if entrant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of entrant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (9) with the exception of subpart (6) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (6) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither entrant nor Sponsor shall be entitled to arbitrate their dispute. For more information on JAMS and/or the rules of JAMS, visit their website at www.jamsadr.com.
11. Winners' List: To obtain a copy of these Official Rules or any legally required Winner's List, send a self-addressed, stamped envelope (with proper postage affixed) to: The Oktoberfest Sweepstakes, “Rules/Winners' Names” (specify which), GSN Games, Inc. 100 Summer Street, Floor 11, Boston, Massachusetts 02110 c/o Marketing Department. All such requests must be received within six (6) weeks after the end of the Promotion Period.
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