OCTOPUS GOPUFF ICE CREAM GIVEAWAY RULES (the “Sweepstakes”)
NO PURCHASE IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
OPEN TO RESIDENTS OF THE 48 CONTIGUOUS UNITED STATES AND THE DISTRICT OF COLUMBIA WHO ARE 18 YEARS OF AGE OR OLDER. VOID IN HAWAII, ALASKA, PUERTO RICO, AND WHERE PROHIBITED OR RESTRICTED BY LAW.
- ELIGIBILITY: This Sweepstakes is open only to residents of the 48 contiguous United States and the District of Columbia, who are 18 years of age or older at the time of entry. This Sweepstakes is void in Hawaii, Alaska, Puerto Rico, and where prohibited or restricted by law. Employees, officers, directors, representatives, and agents (and members of their immediate families or those living in the same household) of Octopus Interactive Inc. (“Sponsor”) and its subsidiaries, parent companies, affiliates, and promotional agencies (the foregoing individuals and entities, collectively the “Sweepstakes Parties”) are not eligible to enter or win.
- ENTRY PERIOD: The Sweepstakes begins at 12am ET on 1/1/21 and ends at 11:59pm ET on 2/15/21. Sponsor’s computer is the official time-keeping device for the Sweepstakes.
- HOW TO ENTER: You may enter the Sweepstakes by completing the entry form at www.playoctopus.com/gopuff. Each person may enter the Sweepstakes one time only. By using the foregoing method to enter the Sweepstakes drawing, you agree that if you win, Sponsor may use automatic dialing or other technology to communicate with you regarding the Sweepstakes at the mobile number you submit, including without limitation, to call you or send you text messages regarding information relating to your Prize. Alternatively, you may submit a written request to enter to Sponsor’s address specified below. Each written request must be mailed in a separate #10 envelope with proper postage affixed and include your name, e-mail address and postal mailing address. Illegible, incomplete, lost, postage due and duplicate entries will be disqualified. You will receive one entry per separate stamped outer mailing envelope per person. By submitting a mail-in entry, you agree that if you win, Sponsor may use any of the contact information included in your entry to communicate with you about the Sweepstakes.
- PRIZES AND APPROXIMATE RETAIL VALUE: There will be one prize awarded in the Sweepstakes (the “Prize”). The Prize consists of a $1,000 credit to be used for the order of any Unilever ice cream or similar novelty products through goPuff.com or its related apps and sites. All federal, state, and local tax liabilities are the sole responsibility of the Prize winner (“Winner”).
- SELECTION OF WINNER: The Winner will be randomly selected by Sponsor from the eligible entries received during the applicable Entry Period. Winner will be notified via text message SMS within seven days of winning. If the Winner does not accept the Prize within 10 days of notification, the Prize is forfeited. Mail-entrants, if selected as a winner, will be notified by email or postal mail within seven days of their selection by Sponsor. The Winner may be required to submit proof of eligibility, including age and residency, to Sponsor’s satisfaction prior to the award of the Prize.
- PRIZE CONDITIONS: Prizes will be sent by text message to the mobile number provided by entrant. No cash or other substitution for any prize will be permitted. Prize is not transferable, assignable or redeemable for cash. Winner may be required to execute and return an Affidavit of Eligibility and Publicity/Liability Release within fifteen (15) days of issuance (if requested by Sponsor). Failure to accept or return all required documents in the specified time period may result in Winner being disqualified. Except where prohibited, by entering this Sweepstakes and/or accepting the Prize, each entrant hereby consents (except where prohibited by law) to the use by Sponsor of such individual’s name, photograph, voice, likeness and/or image, and city of residence without any further compensation or approval for any future promotional activity related to this Sweepstakes.
- ODDS OF WINNING: Odds of winning the Prize depend upon the total number of entrants, and are equal regardless of method of entry.
- CONDUCT OF PARTICIPATION: By entering the Sweepstakes, entrant affirms that he or she has read and agrees to abide by the Official Rules and by the decisions of the Sponsor which shall be final and binding in all respects. Sponsor may prohibit an entrant from participating in the Sweepstakes or winning a Prize if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the Sweepstakes by cheating, deception, or other unfair playing practices (including the use of automated quick entry programs, or by a registered driver on Sponsor’s platform suspected of playing on the tablet issued to them) or intending to annoy, abuse, threaten or harass any other entrants or any Sweepstakes Parties. LEGAL WARNING: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE OR MOBILE APP RELATED TO SPONSOR OR THE SWEEPSTAKES OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM SUCH ENTRANT TO THE FULLEST EXTENT PERMITTED BY LAW.
- LIMITATIONS OF LIABILITY: The Sweepstakes Parties are not responsible for any (i) incorrect or inaccurate entry information; (ii) theft, tampering, destruction, or unauthorized access to, or alteration of entries; (iii) malfunction of any computer, telephone, network, satellite, hardware, software, or communications line; (iv) unauthorized human intervention; (v) incorrect, delayed, or inaccurate transmissions, Winner notifications, prize claims, prize transmissions, or other information or communications related to the Sweepstakes, or the failure to capture or transmit any such information; (vi) damage to any person’s computer or mobile device; (vii) any errors in these Official Rules, Winner notifications, or other announcements or communications relating to the Sweepstakes; (viii) printing, production or other errors; and (ix) any entries, prize notices, winner notifications or communications which are late, lost, delayed, undelivered, incomplete, misdirected, stolen, mutilated, illegible, postage due or any combination thereof. Sponsor reserves the right to modify, suspend or terminate the Sweepstakes in the event that it becomes necessary due to circumstances beyond Sponsor’s control. Sponsor also reserves the right to end the Sweepstakes for any reason after any Sweepstakes drawing at any time by closing the entry form or otherwise announcing the end of the Sweepstakes. In the event the Sweepstakes drawing is terminated early, a Winner will be selected from all eligible entries received at the time of termination during the applicable Entry Period. In the event of any ambiguity or error(s) in these Official Rules, Sponsor reserves the right to clarify or modify these Official Rules however it deems appropriate to correct any such ambiguity or error(s). If due to an error or for any other reason, more legitimate prize claims are received than the number of prizes stated in these Official Rules, Sponsor reserves the right to award only the Prize stated in these Official Rules.Without limitation to Sponsor’s rights to discontinue or modify the Sweepstakes for any reason, if the Sweepstakes is not capable of running as planned for any reason, including without limitation, due to a force majeure event or infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Sweepstakes, Sponsor reserves the right, at its sole discretion, to modify, suspend, or cancel the Sweepstakes or any affected Sweepstakes drawing. All Sweepstakes materials are subject to verification and are void if (a) not obtained through legitimate channels in accordance with these Official Rules, (b) any part is counterfeited, altered, illegible, reproduced, tampered with or otherwise irregular, (c) obtained where prohibited, or (d) they contain printing, typographical, mechanical or other errors.
- RELEASE OF LIABILITY: By participating, each entrant agrees to release, discharge, indemnify and hold harmless Sponsor and each of its respective affiliates, subsidiaries, parent corporations, and their officers, directors, employees, representatives and agents from and against any and all claims arising out of or in connection with (i) the operation of this Sweepstakes, (ii) entrant’s acceptance, possession, misuse or use of any Prize or (iii) entrant’s participation in this Sweepstakes.
- DISPUTE RESOLUTION: You agree that any claim or dispute at law or equity that has arisen or may arise relating in any way to or arising out of the Sweepstakes or these Official Rules, will be resolved in accordance with the provisions set forth in this Dispute Resolution section. Please read this section carefully. It affects your rights and will have a substantial impact on how claims you and we have against each other are resolved. For the purposes of this Dispute Resolution section, “Sweepstakes Entities” means Sponsor and its subsidiaries, parent companies, affiliates, and promotional agencies and the employees, officers, directors, representatives, agents and successors and assigns of the foregoing entities. You agree that whenever you have a disagreement with any of the Sweepstakes Entities arising out of, connected to, or in any way related to the Sweepstakes or these Official Rules, you will send a written notice to the following address (“Demand”). You agree that the requirements of this Dispute Resolution section will apply even to disagreements that may have arisen before you accepted these Official Rules. You must send the Demand to the following address (the “Notice Address”): Octopus Interactive c/o Legal Department, 4550 Montgomery Ave., Suite 215N, Bethesda, MD 20814. You agree that you will not take any legal action, including filing a lawsuit or demanding arbitration, until 10 business days after you send a Demand. If the disagreement stated in the Demand is not resolved to your satisfaction within 10 business days after it is received, and you intend on taking legal action, you agree that you will file a demand for arbitration with the American Arbitration Association (the “Arbitrator”). This arbitration provision limits the ability of you and the Sweepstakes Entities to litigate claims in court and you and the Sweepstakes Entities each agree to waive your respective rights to a jury trial or a state or federal judge. You agree that you will not file any lawsuit against the Sweepstakes Entities in any state or federal court. You agree that if you do sue in state or federal court, and the Sweepstakes Entities bring a successful motion to compel arbitration, you must pay all fees and costs incurred by the Sweepstakes Entities in court, including reasonable attorney’s fees. For any such filing of a demand for arbitration, you must effect proper service under the rules of the Arbitrator and notice to the Notice Address may not be sufficient. If, for any reason, the American Arbitration Association is unable to conduct the arbitration, you may file your case with any national arbitration company. The Arbitrator shall apply the AAA Consumer Arbitration Rules effective September 1, 2014 (as may be amended) and as modified by the agreement to arbitrate in this Dispute Resolution section. You agree that the Arbitrator will have sole and exclusive jurisdiction over any dispute you have with the Sweepstakes Entities. The Federal Arbitration Act allows for the enforcement of arbitration agreements and governs the interpretation and enforcement of the agreement to arbitrate.
You agree that you will not file a class action or collective action against the Sweepstakes Entities, and that you will not participate in a class action or collective action against the Sweepstakes Entities. You agree that you will not join your claims to those of any other person. Notwithstanding any other provision in the Official Rules, if this class action waiver is invalidated as to a particular claim for relief, then the agreement to arbitrate is null and void as to that specific claim and only that claim, and the applicable claim shall be severed from the arbitration and may be refiled in a court. Under no circumstances do you or the Sweepstakes Entities agree to class or collective procedures in arbitration or the joinder of claims in arbitration. The Sweepstakes Entities agree that they will submit all disputes with you relating to the Sweepstakes or these Official Rules to arbitration before the Arbitrator.
All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and the Sweepstakes Entities in connection with the Sweepstakes, or any claim or dispute that has arisen or may arise between you and the Sweepstakes Entities, shall be governed by, and construed in accordance with the federal Arbitration Act and the laws of the State of Maryland without giving effect to any choice of law or conflict of law rules. This arbitration provision shall survive conclusion, modification or termination of the Sweepstakes and suspension, revocation, closure, modification, or amendments to the Official Rules, and any aspect of the relationship between you and Sweepstakes Entities relating to or arising from participation in the Sweepstakes.
- SEVERABILITY/WAIVER/RIGHT TO MODIFY: Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that or any other provision. If any provision of these Official Rules is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced. Sponsor reserves the right to modify or discontinue the Sweepstakes and update these Official Rules at any time.
- WINNERS LIST: For an Official Winners List or a copy of these Official Rules, send a self-addressed, stamped envelope to: Octopus goPuff Ice Cream Giveaway Sweepstakes – WINNERS – or – OFFICIAL RULES (please specify), c/o Marketing Department, 4550 Montgomery Ave., Suite 215N, Bethesda, MD 20814. All requests must specify the Sweepstakes drawing to which they pertain and be received within 60 days after the end of such Sweepstakes drawing. Official Rules also available at www.playoctopus.com.
- SPONSOR: Octopus Interactive, 4550 Montgomery Ave., Suite 215N, Bethesda, MD 20814.
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