The SPEEDCUBESHOP Official Sweepstakes Rules and Legal Disclaimer
By entering into the SpeedCubeShop, Inc. (the “Sweepstakes”), participant (“Participant”) agrees to abide by these Official Sweepstakes Rules and Legal Disclaimer and the decisions of SpeedCubeShop, Inc. (“Promoter”), such decisions which are final and binding in all respects.
NO PURCHASE NECESSARY TO ENTER OR WIN. PURCHASE OF PROMOTER’S PRODUCTS OR SERVICES DOES NOT ENHANCE CHANCES OF WINNING.
THESE OFFICIAL RULES REQUIRE YOU TO AGREE TO ARBITRATE DISPUTES.
The Sweepstakes is open to individuals who are legal residents of one (1) of the fifty (50) United States or District of Columbia and at least eighteen (18) years of age or older at the time of entry. Any Participant who has not yet reached the age of majority in the jurisdiction in which he/she resides (18, except AL and NE, 19, or MS, 21) (a “Minor”) will need to obtain permission from his/her parent/legal guardian (“Parent”) in order to enter and if chosen as a winner, the Prize (as hereinafter defined) will be awarded in the name of his/her Parent. Employees, officers, directors, and members and their immediate families (i.e., parents, spouse, children, siblings, grandparents, step parents, step children and step siblings) and members of their household (whether related or not) of Promoter, all Prize providers and their respective parents, related companies, sponsors, subsidiaries, advertising, promotion, and public relations agencies, and third-party fulfillment agencies (collectively, the “Sweepstakes Entities”) are not eligible to enter the Sweepstakes. Eligibility will be determined by Promotor in its sole discretion. The Sweepstakes is subject to applicable federal, state and local laws and regulations and is void where prohibited. Participation in the Sweepstakes constitutes your full and unconditional agreement to be bound by these Official Rules and Promotor’s decisions, which are final and binding in all matters related to the Sweepstakes. Winning a Prize is contingent upon fulfilling all requirements set forth herein.
The Sweepstakes consists of a series of sweepstakes, with a new sweepstakes being offered each calendar month. Each monthly sweepstakes begins at 12:00:01 a.m. US Pacific Time (PT) on the first calendar day of the month and ends at 11:59:59 p.m. PT on the last calendar day of the month (each respective month a “Sweepstakes Period”). By posting notice on www.speedcubeshop.com, Promoter reserves the right to modify the timing of future monthly sweepstakes and/or cease offering future monthly sweepstakes. Promoter’s computer is the official time-keeping device for the Sweepstakes.
How to Enter
There are two ways to enter the sweepstakes:
- VIA TEXT: During the Sweepstakes Period, submit your entry by sending an SMS (“Text Message”) containing only the word “GIVEAWAY” to +1 (855) 523-1919 using your wireless mobile device. In order to submit any entry by text message, Participant must: (i) have a plan with a wireless carrier that includes a text messaging service; and (ii) use a wireless device that is capable of two-way text messaging. By sending a Text Message to enter, you signify that you understand that Promoter will send an automated reply text message to the phone number associated with the wireless mobile device you used to enter confirming your entry into the Sweepstakes and your consent to receive that message. You also consent to being notified via text message to the phone number associated with the wireless mobile device you used to enter if you are selected as a winner. By entering via Text Message, you may receive a text message in response from the Promoter to the phone number associated with the wireless mobile device you used to enter asking if you wish to receive offers from the Promoter or third parties. You may be charged a fee for message transmission and delivery by your cellular network carrier. If you opt to enter via your wireless mobile device (which is not required to enter the Sweepstakes and may only be available via participating wireless carriers), standard text messaging and/or data rates may apply for each message sent or received from your handset according to the terms and conditions of your service agreement with your wireless carrier. Other charges may apply (such as normal airtime and carrier charges) and may appear on your mobile phone bill or be deducted from your prepaid account balance. Wireless carriers’ rate plans may vary, and you should contact your wireless carrier for more information on messaging rate plans and charges relating to your participation in this Sweepstakes. Text messaging may not be available from all mobile phone service carriers and handset models. Mobile device service may not be available in all areas. Check your phone’s capabilities for specific instructions. Text STOP to cancel.
- Entry via Email: During the Sweepstakes Period, send an email (“Email”) containing only the word “SPEEDCUBESHOP SMS SWEEPS ENTRY” in the subject line of the email to email@example.com. Normal Internet access, phone, and usage charges imposed by your online or phone service may apply. Promotor and Sweepstakes Entities may use your personal information submitted with entry for purposes of Prize fulfillment and/or for future marketing by Promoter, such as to notify you of a product or promotion that Promoter thinks may be of interest. You may opt out of such marketing emails at any time.
Limit of one (1) entry per Sweepstakes per entry method per person, for a maximum of two (2) entries per Sweepstakes per person; additional entries by any one individual are void. Submitting an entry by either method for any Sweepstakes will automatically enter Participant in each subsequent Sweepstakes for as long as Participant remains opted in to receive Promotor’s SMS marketing communications (if Participant enters by SMS) and/or Promotor’s email marketing communications (if Participant enters by email). Entries generated by macro, script, or other automated means are void. Entries generated by robotic, macro, script, or other automated means are void. Any entrant using fraudulent means to participate in the Sweepstakes will be disqualified and may be guilty of violating applicable criminal laws. Eligibility is at the exclusive discretion of Promoter, and Promoter shall be entitled to reject any entrant for any reason or no reason at all without having to provide an explanation. Promoter reserves the right, in its sole discretion, to cancel, suspend, or terminate the Sweepstakes for any reason and without prior notice to any Participant. In such instance, Promoter may, if and as appropriate, select a winner using reasonable means that are materially consistent with the Sweepstakes.
In the event of a dispute over who submitted a winning entry, the authorized account holder of the email address or the phone number associated with the wireless mobile device used to participate in the Sweepstakes at the actual time of entry will be deemed to be the Participant. The authorized account holder of a particular email address is defined as the natural person who assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. The authorized account holder of a phone number associated with the wireless mobile device used to participate in the Sweepstakes is defined as the natural person who is assigned a mobile phone number by a wireless carrier. Potential winners may be required to show proof of being the authorized account holder to the Promoter or forfeit the Prizes. Multiple Participants are not permitted to share the same email account or wireless mobile device phone number. Entries with an invalid, non-working, or inactive email address or phone number will be disqualified and ineligible to win.
Provision of Materials and Information/Intellectual Property
By entering into the Sweepstakes, Participant represents and warrants as follows: (1) that it fully owns or has properly licensed whatever materials or information it submits hereunder in connection with the Sweepstakes and can make such submissions without violating any applicable law, agreement with any third-party, and/or third-party right of any kind (including without limitation any intellectual property, data protection, privacy, or publicity right); and (2) that any and all materials or information provided by it hereunder shall be true and correct in all respects. Furthermore, without limitation on anything set forth herein to the contrary, Promoter shall have the irrevocable, transferable, and fully sublicensable right and license (but not the obligation) to exploit any and all such materials or information in any manner it so elects to promote the Sweepstakes, its business, brand, products, and/or services, throughout the world in perpetuity, and in any and all media, now or hereafter known.
Random Drawing; Prizes; Notifying Prize Winners
A random drawing will be conducted on or about the third calendar day following each Sweepstakes by Promoter to select a winner (the “Winner”) from among all eligible entries received. Odds of winning depend on the number of entries received.
Within five (5) business days after Promoter selects a potential Winner, Promoter will contact the potential Winner via email, using the email address used to ender (if a potential Winner entered via email), or text message, using the phone number associated with the wireless mobile device used to enter (if a potential Winner entered via text message) (the “Notification”). Failure to respond within the applicable time period will result in forfeiture of the prize, which will be an item of merchandise from Promoter’s online store with an average retail value of at least $__37_ (the “Prize”), and Promoter shall have the option to award the Prize to an alternate Winner. The actual Prize and value of each Prize will vary for each Sweepstakes. The return of the Notification or Prize as undeliverable may also result in disqualification and an alternate Winner may be selected. Promoter is not responsible for digital communications that are undeliverable as a result of any filtering of any kind, insufficient space in a Participant’s account, or any other failure beyond its reasonable control. In the event of a dispute with respect to entries received from more than one user having the same email address/account, the authorized subscriber of the account in question at the time of entry will be deemed the proper entrant. A potential Winner will also forfeit his or her Prize if he or she is disqualified as not eligible to have participated in the Sweepstakes in the first instance.
Subject to applicable law, the Prize is offered “as is” without any express or implied warranty of any kind or nature, including without limitation, any warranty respecting condition, merchantability, quality, title, or fitness for a particular purpose. Promoter is not responsible for replacing the Prize if damaged unless such damage is caused by Promoter.
Arrangements for fulfillment of the Prizes will be made by Promoter. All costs and expenses not specifically listed as part of a Prize are solely each Winner’s responsibility. Upon entry into the Sweepstakes, the Winners (as well as all other Participants) are required to comply with any and all applicable federal, state, and local laws, rules, and regulations. All federal, state and local taxes (if any), and any other costs and expenses associated with the Prizes not specifically provided for in these Official Rules, are solely the Winners’ responsibility. Promotor shall have no responsibility or obligation to the Winners or potential Winners who are unable or unavailable to accept or utilize a Prize(s) as described herein. No substitution, transfer or cash equivalent for the Prizes or any portion thereof is permitted, except by Promoter, in which case a prize of comparable or greater value may be awarded. Promoter will not replace lost or stolen Prizes.
Subject to applicable law, entrance in the Sweepstakes constitutes Participant’s consent to Promoter and Promoter’s affiliates and agents to use his or her name, voice, likeness, opinions, and biographical information for marketing, advertising, and publicity purposes in any media throughout the world at any time without the obligation to seek consent or to provide Participant with any payment or other form of consideration.
Subject to applicable law, by entering into a Sweepstakes and potentially receiving a Prize, each Participant agrees to release, discharge, and hold harmless Promoter, along with Promoter’s employees, officers, directors, affiliates, partners, agents and assigns, from and against any claim, cause of action, demand, or proceeding (each, a “Claim”), and any resultant loss, injury (including death), cost, expense, fee, fine, penalty, or other loss or expense of any kind, including attorneys’ fees (each, a “Loss”), relating to or arising directly or indirectly out of his or her participation in a Sweepstakes (or related activity such as a press release), and/or Promoter’s right to exploit Participant’s name and/or likeness or fully exploit any other right granted to it hereunder, and/or from Participant’s receipt, use, or misuse of any Prize, no matter how such Claim or Loss arises (including without limitation, if arising out of any damage to a Participant’s computer system from downloading or using material from Promoter’s, or an affiliate of Promoter’s, website).
Limitation of Liability
IN NO EVENT WILL PROMOTER, AND/OR PROMOTER’S PARENT, SUBSIDIARY, LICENSEES, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, ASSIGNS, AFFILIATES, OR RELATED COMPANIES (COLLECTIVELY WITH PROMOTER, THE “PROMOTER PARTIES”), BE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS) ARISING OUT OF ANY PARTICIPANT’S PARTICIPATION IN THE SWEEPSTAKES, THESE OFFICIAL RULES, AND/OR ANY PARTICIPANT’S RECEIPT, USE, OR MISUSE OF A PRIZE, NO MATTER UNDER WHAT THEORY ARISING, EVEN IF ANY PROMOTER PARTY HAS BEEN ADVISED OF THE POSSIBLY OF SUCH DAMAGES. PROMOTER PARTIES’ ENTIRE LIABILITY WITH RESPECT TO: ANY PARTICIPANT’S PARTICIPATION IN THE SWEEPSTAKES, THESE OFFICIAL RULES, AND/OR ANY PARTICIPANT’S RECEIPT OF A PRIZE SHALL BE LIMITED TO $500. SOME JURISDICTIONS MAY NOT ALLOW THE AFOREMENTIONED LIMITATIONS OR EXCLUSIONS OF LIABILITY AND AS SUCH, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
Use of Collected Materials and Information
Promoter will be collecting, storing, and exploiting personal data about Participants to administer the Sweepstakes and exercise its rights hereunder, including without limitation, those relating to marketing and publicity. By entering into the Sweepstakes, Participants agree to Promoter’s collection and use of their personal information. Promoter will not disclose any Participant’s personal information to any non-affiliated third party.
Governing Law and Jurisdiction
ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES OR THE RIGHTS AND OBLIGATIONS OF PARTICIPANTS OR PROMOTOR IN CONNECTION WITH THE SWEEPSTAKES SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF 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 LAWS.
Dispute Resolution and Arbitration
By participating in this Sweepstakes, each Participant (and any minor Participant’s parent or legal guardian) agrees: (i) that any and all disputes the entrant may have with, or claims entrant may have against, the Sweepstakes Entities relating to, arising out of or connected in any way with (a) the Sweepstakes, (b) the awarding or redemption of any prize, and/or (c) 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; (ii) 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; (iii) the arbitration shall be held in Los Angeles, California; (iv) the arbitrator’s decision shall be controlled by the terms and conditions of these Official Rules; (v) the arbitrator shall apply California law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (vi) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only Participant’s and/or Promoter’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (vii) the arbitrator shall not have the power to award punitive damages against the Participant or Promoter; and (viii) with the exception of subpart (vi) 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 (vi) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither Participant nor Promoter 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.
For a list of all Winners, send a self-addressed, stamped envelope to SpeedCubeShop, Attention: Sweepstakes, 5417 Woodmere Dr, Bakersfield, California, 93313.
The Sweepstakes is sponsored by SpeedCubeShop, Inc., 5417 Woodmere Dr, Bakersfield, California, 93313.