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Nerdist Mothership Sweepstakes Rules

NERDIST Sweepstakes Rules

 

“Sweepstakes” Name Mothership Custom Cuphead Xbox One S Giveaway
“Sweepstakes Period” Sweepstakes begins at 6:00 PM [Pacific Time] on December 6, 2017 and ends at 6:00 PM [Pacific Time] on December 7, 2017.
Geographic “Entry Area” Legal residents of, and physically located within, the fifty (50) United States and the District of Columbia (excluding Rhode Island)
“Prize(s)”  One (1) Prize available. Winner will receive one (1) Custom Cuphead Xbox One S.

 

 

Approximate Retail Value (“ARV”) of each Prize Custom Cuphead Xbox One S – $299.99
Total ARV of all Prizes $299.99
Any Special Rules for Prizes          (if applicable) Follow @jointeamalpha on Twitter & Retweet @jointeamalpha tweet.

 

BY SUBMITTING AN ENTRY TO THE SWEEPSTAKES IDENTIFIED ABOVE DURING THE SWEEPSTAKES PERIOD, YOU AGREE TO THESE OFFICIAL RULES.  THESE OFFICIAL RULES ARE A CONTRACT BETWEEN YOU AND NERDIST INDUSTRIES, LLC, LLC (“NERDIST”).  SO READ THESE OFFICIAL RULES CAREFULLY BEFORE ENTERING.  AMONG OTHER THINGS, THIS CONTRACT INCLUDES INDEMNITIES FROM YOU TO THE SWEEPSTAKES ENTITIES AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.

NO PURCHASE NECESSARY TO ENTER OR WIN A PRIZE. A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING.  ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ELIGIBLE ENTRIES RECEIVED.  INTERNET ACCESS AND ONLINE ENTRY IS REQUIRED.  VOID OUTSIDE OF THE STATE(S) WHERE THE ENTRY AREA IS LOCATED, AND WHERE PROHIBITED BY LAW OR RESTRICTED BY LAW.

The Sweepstakes is subject the following full official rules (the “Official Rules”) which incorporate the information and defined terms set forth above; by entering, entrant (“Entrant”) agrees to be bound by them and the decisions of Nerdist, which are final and binding in all respects.

  1. Eligibility: The Sweepstakes is open to persons who meet all of these eligibility conditions: (a) are legal residents of the Entry Area; (b) are 18 years of age or older at the time of entry; (c) follow @jointeamalpha on Twitter at twitter.com/jointeamalpha.  VOID WHERE PROHIBITED. Employees, officers and representatives and members of the immediate family members (i.e., parent, spouse, siblings, children, grandparents, step parents, step children and step siblings, and their respective spouses, and those living in the same household, whether or not related) of Nerdist and any promotional partners for the Sweepstakes, and their affiliated companies, parent companies, subsidiaries, advertising and promotion agencies, webmasters and any company involved in the creation, design, execution, production, or fulfillment of the Sweepstakes (the “Sweepstakes Entities”)  are not eligible.
  2. How To Enter: To enter, during the Sweepstakes Period, visit twitter.com/jointeamalpha and retweet the specific tweet regarding the giveaway sent by @jointeamalpha from https://twitter.com/JoinTeamAlpha. Upon completion of this process, each eligible Entrant will receive one (1) entry in the Sweepstakes. All entries must be received during and by the end of the Sweepstakes Period. Nerdist’s computer is the official timekeeping device for entry in the Sweepstakes. There is a limit of one entry per person. Normal time rates, if any, charged by the Entrant’s Internet service or mobile provider will apply. If an entrant does not have a Twitter account, he/she may create one for free by going to http://twitter.com// and following the sign-up instructions. Entrants must agree to comply with the Twitter Terms of Service (located at https://twitter.com/tos) in order to create a Twitter Account. If an entrant’s Twitter account is private and his/her tweets are protected, then an entrant’s Pop Culture Shock Toys Sweepstakes Entry may be disqualified and rejected as ineligible for consideration.

The odds of winning depend on the total number of eligible entries received within the Sweepstakes Period.

When submitting their entry, Entrants are required to provide complete and truthful information.  Entries that are incomplete, illegible, corrupted, false, lost, late or misdirected, deceptive or otherwise not in compliance with the Official Rules may be disqualified from the Sweepstakes at Nerdist’s sole and absolute discretion. Entries submitted by persons who do not meet the eligibility requirements (including all requirements with respect to age and residence) are void. The use of any scripts, computer programs, robotic repetitive, macro, automatic, programmed or similar automated entry methods or agents to submit entries will void all entries submitted by that person or that person’s agents.  Nerdist will disqualify any entry from individuals who do not meet the eligibility requirements.   All entries submitted in compliance with these Official Rules and not disqualified or void are considered “Eligible Entries.”  All entries are the property of Nerdist.

By entering the Sweepstakes,  Entrants:  (a) agree to be bound by these Official Rules and by the interpretation of these Official Rules by Nerdist and by the decisions of Nerdist, which are final and binding in all respects; (b) acknowledge compliance with these Official Rules; (c) agree to comply with any and all applicable federal, state and local laws, rules and regulations; and (d) agree to release and hold harmless the Sweepstakes Entities and Twitter from and against any claims, injury or damages arising out of or relating to participation in the Sweepstakes and/or the use, misuse or redemption of any Prize, the use of Twitter, and for any claim including claims based upon defamation, publicity rights, invasion of privacy, copyright infringement, trademark infringement, or any other intellectual property-related cause of action arising from or related to the Sweepstakes, any Prizes, or Nerdist’s advertising and marketing related to the Sweepstakes, Entrants or the Winner(s).  Winning a Prize is contingent upon fulfilling all requirements set forth herein.

  1. Prize: The applicable Prize(s) shall be awarded to each applicable Winner (defined below) of the Sweepstakes.  The ARV for each Prize is subject to change based upon current market conditions at the time of prize fulfillment.  Any difference between the ARV and the actual value, if any, of a Prize will not be awarded.

If for any reason a Prize is unavailable or a Prize or any Prize-related event is delayed, cancelled or postponed, or for any other reason, Nerdist reserves the right to modify the Sweepstakes in its sole discretion and award a substitute prize, or portion of prize, of comparable or greater value as set forth in these Official Rules.  No substitution, transfer, assignment or cash equivalent of a Prize, or any portion thereof, is permitted by a Winner.  The Sweepstakes Entities shall have no responsibility or obligation to a Winner who is unable or unavailable to, or who does not for any reason, accept or utilize a Prize. In the event a potential Winner cannot accept a Prize, an alternate Winner will be randomly drawn from all remaining Eligible Entries.  All costs and expenses not specifically listed above as part of a Prize are solely Winner’s responsibility.  Each Prize is provided “as is”. Entrants acknowledge that the Sweepstakes Entities have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to any Prize, including any implied warranty of merchantability of fitness for a particular purpose.  Any prize pictured in advertising and other Sweepstakes materials is for illustrative purposes only.

The value of a Prize will be taxable to the applicable Winner as income. An IRS Form 1099 and W9 will be issued in the name of each Winner for the actual value of the Prize awarded to such Winner.  All U.S. federal, state and local tax liability, and any other costs and expenses associated with acceptance or use of a Prize not specifically provided for in these Official Rules are solely each applicable Winner’s responsibility (regardless of whether a Prize, in whole or in part, is used).

  1. Winner Selection and Notification: The potential “Winner(s)” for the Sweepstakes will be determined via a random drawing, from all Eligible Entries received during the Sweepstakes Period, within ten (10) business days of the end of the Sweepstakes Period.  The number of potential Winner(s) shall be same as the number of Prize(s) listed, and if designated, there may be differing levels of Prizes and therefore differing levels of Winners.  Each applicable Prize will be awarded to the authorized account holder of the twitter account submitted with the entry regardless of the individual who submitted the winning entry. The authorized account holder is the person who is assigned to the e-mail address by an Internet service provider or other organization that is responsible for assigning e-mail addresses or the domain names associated with e-mail addresses.  The potential Winner(s) will be notified within three (3) business days of the drawing. The potential Winner(s) will be notified by email (at the email address provided with the entry), and will be required to confirm his/her email address.  If the potential Winner of a Prize cannot be reached after a reasonable effort has been exerted and/or fails to respond to confirm his/her email address within three (3) days from when the initial notification email is sent, the potential Winner forfeits the applicable Prize, and an alternate potential Winner for the applicable Prize will be randomly drawn from all remaining Eligible Entries received during the Sweepstakes Period.  If the alternate potential Winner is unable to accept the applicable Prize, that Prize is forfeited and another alternate potential Winner for applicable Prize will be randomly drawn from all remaining Eligible Entries received during the Sweepstakes Period.  This Winner selection and notification process shall be continued until a Winner is confirmed for all Prizes for the Sweepstakes.  If a Prize or a prize notification is returned as undeliverable, such Prize will be forfeited and an alternate potential Winner will be randomly drawn for that Prize.
  2. Winner Verification: Each potential Winner may be required to prove eligibility, including, without limitation, proof of age, residence and identity, which may include submitting a copy of a driver’s license, passport or similar government issued identification within three (3) days of being notified of being a potential Winner.

A potential Winner (or any alternate potential Winner if one must be selected) is not official and shall not be confirmed as a Winner until he/she has completed, signed and returned documentation required by Nerdist — including a notarized Affidavit of Eligibility, release of liability, (except where prohibited) publicity release form, and a completed IRS W-9 form, and the eligibility of the potential Winner has been verified.  Forms must be received within thirty (30) days after notification of winning.  If a potential Winner does not complete all forms necessary within the time given and/or in the event of non-compliance by a potential Winner, such potential Winner shall be disqualified and shall forfeit the applicable Prize, and all privileges otherwise due as a Winner shall be terminated and an alternate potential Winner for the applicable Prize will be chosen in a random drawing from among all of the remaining Eligible Entries.

Provided that a potential Winner is in compliance with the Official Rules and after having successfully proven eligibility, the potential Winner will be determined to be a Winner of the applicable Prize.  Nerdist expressly reserves the right to delay the announcement of the Winners for any reason it deems necessary.  In addition, Nerdist reserves the right to select an alternate Winner for any Prize in the event that any potential Winner fails to comply with these Official Rules.

If, for any reason, more bona fide winners come forward seeking to claim Prizes in excess of the Prizes for the Sweepstakes available as set forth in these Official Rules, the Winner(s) of the Sweepstakes’ Prizes available may be selected in a random drawing from among all persons making purportedly valid claims for each such Prize.  Inclusion in such drawing shall be each Entrant’s sole and exclusive remedy under such circumstances.  The Sweepstakes Entities are not responsible for and shall not be liable for late, lost, damaged, intercepted, misdirected or unsuccessful efforts to notify the potential Winners.

  1. Liability Release and Indemnity: By entering the Sweepstakes, Entrant agrees that Nerdist, Twitter, any other Sweepstakes Entities, and each of their respective parents, subsidiaries, affiliated companies, employees, officers, directors, shareholders, agents, retailers, distributors and representatives are indemnified, released and will be held harmless by Entrant from any and all liability, for any damages, injuries or losses of any kind to person(s), including death, or property, arising directly or indirectly from the acceptance, possession, misuse or use of any Prize.  All Prizes are offered and provided “as is” with no warranty or guarantee by Nerdist, either express or implied.

By participating in the Sweepstakes, each Winner acknowledges that the Sweepstakes Entities have not and will not obtain or provide insurance of any kind relating to the Prize(s) and that the Winner will be responsible for obtaining and paying for automotive, accident, property, life, travel, or other form of insurance relating to the Winner’s Prize that the Winner deems appropriate.

 

Entrants agree to indemnify and hold harmless the Sweepstakes Entities from any and all liability arising out of or relating in any way to Entrant’s participation in the Sweepstakes and/or the use of Twitter and to release all rights to bring any claim, action or proceeding against the Sweepstakes Entities arising out of participation in the Sweepstakes, use of the Sweepstakes website(s), or receipt or use of any Prize or any other prize, including but not limited to:  (a) unauthorized human intervention in the Sweepstakes; (b) technical errors related to computers, servers, providers, or telephone, Twitter or network lines; (c) printing errors; (d) lost, late, postage-due, misdirected or undeliverable mail; (e) errors in the administration of the Sweepstakes or the processing of entries; or (f) injury or damage to persons or property (including to any computer systems resulting from participation in or accessing or downloading information in connection with the Sweepstakes), which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Sweepstakes or receipt or use of any prize (including, without limitation, any travel taken by Entrant in connection with using any Prize).  Entrants assume all liability for an injury or damage caused, or claim to be caused, by participation in the Sweepstakes, the use of the Sweepstake website(s), or the acceptance, receipt, or use of any prize or prize component.  Entrants further agree that in any cause of action, the Sweepstakes Entities’ liability will be limited to the cost of entering and participating in the Sweepstakes, and in no event shall the Sweepstakes Entities be liable for attorney’s fees.

 

The Sweepstakes Entities assume no responsibility for and will disqualify entries that are: stolen, late, lost, illegible, incomplete, invalid, unintelligible, altered, tampered with, unauthorized, fraudulent, damaged, destroyed, delayed, misdirected, not delivered,  not received, or that have incorrect or inaccurate entry information, whether caused by any of the equipment or programming associated with or utilized in the Sweepstakes, or by any human, mechanical or electronic error that may occur in the processing of the entries in the Sweepstakes, or other errors appearing within the Official Rules or in the Sweepstakes related advertisements. The Sweepstakes Entities assume no responsibility for any typographical or other error in the printing of the offer, administration of the Sweepstakes, errors in processing entries, identifying the Winner(s), in the announcement of the Prize(s) and Winner(s), the delivery of any Prize, any problems or technical malfunction of any telephone network or lines, computer systems, online systems, servers or providers, computer equipment, software, failure of any e-mail or players on account of technical problems or traffic congestion on the Internet or on any web site including Nerdist.com, or any combination thereof, including, without limitation, any injury or damage to Entrant’s or any other person’s computer system/software related to or resulting from participation in, uploading any materials or downloading any materials in the Sweepstakes.  Use of any device to automate or subvert entry is prohibited and any entries received by such means will be void.  Nerdist reserves the right in its sole discretion to disqualify any person it suspects or finds (i) to have tampered with the entry process or the operation of the Sweepstakes; (ii) to be acting in a disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person;  (iii) to display behavior that will bring such Winner or the Sweepstakes Entities into disgrace; (iv) to have provided inaccurate information on any legal documents submitted in connection with the Sweepstakes; or (v) to be acting in violation of these Official Rules. ANY VIOLATION OF THESE OFFICIAL RULES BY A WINNER WILL RESULT IN SUCH WINNER’S DISQUALIFICATION AS A WINNER OF THE SWEEPSTAKES AND ALL PRIVILEGES AS A WINNER WILL BE IMMEDIATELY TERMINATED.

  1. Grant of Rights. By entering, Entrant irrevocably consents to the use of his or her name, image, photograph, likeness, biographical information, and any video footage related to any Prize, for Nerdist’s advertising, promotional or other commercial purposes in all media now or hereafter known, worldwide and in perpetuity without additional compensation, unless prohibited by law.
  2. General Terms. The Sweepstakes Entities are not responsible if the Sweepstakes cannot take place, or if a Prize cannot be awarded due to delays, interruptions or failures due to acts of God, war, natural disasters, weather, acts or threats of terrorism, strikes, lockouts, labor disputes, work stoppages, fire, acts of government, or other events outside of the reasonable control of the Sweepstakes Entities.  If, for any reason the Sweepstakes is not capable of running as planned, including, without limitation, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the reasonable control of the Sweepstakes Entities, which, in Nerdist’s sole determination, corrupts or affects the administration, security, fairness, integrity or proper conduct of the Sweepstakes, Nerdist reserves the right, in its sole discretion, to cancel, terminate, modify, or suspend the Sweepstakes or any part of the Sweepstakes. If the Sweepstakes or any part of the Sweepstakes is terminated or modified prior to the closing date of the Sweepstakes, notice will be posted on Nerdist.com if time permits and the applicable Prize will be awarded to a potential Winner to be selected in a random drawing from among all of the remaining uncorrupted Eligible Entries received prior to any such event outside of the reasonable control of Nerdist.  Nerdist reserves the right to modify and amend these Official Rules from time to time during the Sweepstakes for clarification purposes.

 

ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAW AND SHOULD SUCH AN ATTEMPT BE MADE, NERDIST RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

 

The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. In the event that any provision of the Official Rules is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Nerdist’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision. Entrants agree to waive any rights to claim ambiguity of these Official Rules. Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in the Sweepstakes–related materials, privacy policy or terms of use on a website and/or the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control and the discrepancy will be resolved in Nerdist’s sole and absolute discretion.

 

Entrants understand that they are providing their information to Nerdist and not to Twitter. The Promotion is in no way sponsored, endorsed, administered by, or associated with Twitter and Twitter is completely released of all liability by each entrant in this Promotion. Nerdist has no affiliation with Twitter and has no responsibility for or control over any matters relating to Twitter or Twitter accounts.

 

  1. Privacy: All information submitted by Entrants and collected by Nerdist in connection with Entrant’s entry will be subject to and will be treated in a manner consistent with Nerdist’s Privacy Policy available at: https://www.nerdist.com/privacy-policy/. By participating in the Sweepstakes, Entrants hereby agree that Nerdist may collect and use their personal information submitted with the entry, and acknowledge that they have read and accepted the Nerdist Privacy Policy.  Among other things, the information you provide may be used for sending Entrants company updates and announcements about Nerdist and its products and/or services.

 

  1. Binding Arbitration: Except where prohibited by law, Entrant agrees: (1) ANY CLAIM, DISAGREEMENT, DISPUTE OR CONTROVERSY ARISING OUT OF OR RELATING TO THE SWEEPSTAKES OR ANY PRIZE AWARDED SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) any claim, disagreement, dispute or controversy arising out of or relating to the Sweepstakes or any Prize awarded shall be resolved by final and binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with Title 9 of the US Code (United States Arbitration Act) and under the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect: (3) any arbitration shall be commenced within one (1) year after such claim or cause of action arises.; (4) because the Sweepstakes concerns interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of disputes; however, as noted in section 12 below, California state law applies to the substance of any disputes related to these Official Rules or the Sweepstakes; (5) any arbitration shall be heard by one arbitrator to be selected in accordance with the AAA Rules, in Los Angeles County, California; (6) unless both Entrant and Nerdist agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of class or representative proceeding; (7) judgment upon any award rendered may be entered in any court having jurisdiction thereof; and (8) any award or judgment shall be subject to all limitations and releases set forth in these Official Rules and be limited to actual out of pocket damages, and shall not, in any event, include any punitive, exemplary, consequential or incidental damages, attorney’s fees or costs of bringing a claim, or any injunctive or other equitable relief.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.

 

  1. Governing Law: All federal, state and local laws and regulations apply.  Void where prohibited by law.  All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Entrant and Nerdist in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the California law without giving effect to any choice of law or conflict of laws rules (whether of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than California.
  2. Request for Name of Winner and Official Rules: All requests for a copy of the Official Rules and for the names of the Winners must be made by 60 days after the end of the Sweepstakes Period.  For the name of the Winners and/or Official Rules: (i) send a self-addressed, stamped envelope postmarked to Nerdist Industries, LLC, 2525 N. Naomi Street, Burbank, CA 91504, Attn: Legal Affairs; and (ii) write the full name of the applicable Sweepstakes, and “Winners’ Names” or “Official Rules” on the lower left hand corner of the envelope.
  3. Sponsored and Administered by:  The Sweepstakes is sponsored and administered by Nerdist Industries, LLC, 2525 N. Naomi St., Burbank, CA 91504.

 

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