NO PURCHASE OR PAYMENT NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH, APPLE, INC. ("APPLE") OR GOOGLE, INC. ("GOOGLE"). YOU ARE PROVIDING YOUR INFORMATION TO PAYANYWHERE, LLC ("PA") AND, IF YOU SUBMIT A REVIEW, THE APPLICABLE THIRD PARTY SITE WHERE YOU SUBMIT YOUR REVIEW.
1. Eligibility. This PA sweepstakes (the "Sweepstakes") is open to legal residents of the fifty (50) United States (including District of Columbia), Guam, Puerto Rico, U.S. Virgin Islands, and other U.S. territories who are eighteen (18) years or older at the time of entry. Void outside of the fifty (50) United States, District of Columbia, Guam, Puerto Rico, U.S. Virgin Islands, and where prohibited by law. Employees of PA, or any of its respective parent companies, affiliates, subsidiaries, advertising agencies, or any other company or individual involved with the design, production, execution or distribution of the Sweepstakes and their immediate family (spouse, parents and step-parents, siblings and step-siblings, and children and step-children) and household members (people who share the same residence at least three (3) months out of the year) of each such employee are not eligible. The Sweepstakes is subject to all applicable federal, state and local laws and regulations. Participation constitutes entrant's full and unconditional agreement to these Official Rules and PA'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.
Disqualification: PA reserves the right, at its sole discretion, to disqualify any entrant that it determines (a) has tampered with the entry process, the operation of the Sweepstakes; (b) has acted in a disruptive manner, or with intent to annoy or harass PA, other entrants, or any other person or entity; (c) has not satisfied all of the requirements for entry in the Sweepstakes; or (d) is otherwise ineligible under, or in violation of, these Official Rules or any policies or terms posted on PA’s website. Any attempt by an entrant to commit acts of misconduct set forth in this section may be subject to civil and criminal law claims, and PA reserves the right to seek damages from such entrant to the fullest extent permitted by law.
250 Stephenson Hwy,
Troy, Mi 48083.
3. Timing. The Sweepstakes begins on [September 1st, 2019] 12:00:00 AM Eastern Time ("ET") and ends on [October 31st, 2019] 11:59:59:59 PM ET (the "Sweepstakes Entry Period"). PA is the official time keeper for this Sweepstakes.
4. How to Enter. You will automatically be entered into the Sweepstakes once you complete the following: (1) Click the link in the previously provided email to be directed to the applicable site to submit your review; (2) complete the review form; (3) make sure your review includes a disclosure that you are participating in PA’s Merchant Feedback Gift Card Giveaway (there is no specific wording required, but if you would like additional information or guidance on such disclosures, you can find it here); and (4) receive your entry confirmation. Entering is free. By entering the Sweepstakes, you acknowledge that: (1) submitting an online review does not require you to expend substantial time or effort; (2) the content of your review will not increase or decrease your chances of winning; (3) you may enter the Sweepstakes through an alternative means by writing to email@example.com and requesting an entry; and (4) all entries, regardless of method of entry have equal chances of winning. During the Sweepstakes Entry Period PA may in its sole discretion announce alternative ways to receive additional entries. Limit: 1 entry per person during the Sweepstakes Entry Period. Entrants are not permitted to share the same email address. Any attempt by any participant 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 participant's entries and that participant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. PA is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected entries, which will be disqualified. In the event of a dispute as to any registration, the authorized email account holder of the email address used to register will be deemed to be the registrant or player. The entrant is the natural person 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. Potential winner(s) may be required to show proof of being the authorized account holder. PA reserves the right to contact entrants and all other individuals whose email address is submitted as part of this Sweepstakes.
5. Winner Selection and Odds of Winning. On or about [October 31st, 2019] PA or an independent judging agency will select 1 entry for the prize described below in Section 7 in a random computerized drawing of all valid entries received. The entrant will be contacted using the email address provided with the entry and may be awarded the prize (subject to verification of eligibility and compliance with the terms of these rules). PA's decisions as to the administration and operation of the Sweepstakes and the selection of the potential winner is final and binding. Failure to respond to the initial verification contact within five (5) days of notification will result in disqualification. The odds of winning depend on the total number of entries received during the Sweepstakes Entry Period.
6. Verification of Potential Winner(s). POTENTIAL SWEEPSTAKES WINNER(S) ARE SUBJECT TO VERIFICATION BY PA WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE SWEEPSTAKES. Potential winner(s) must continue to comply with all terms and conditions of these Official Rules and winning is contingent upon fulfilling all requirements. Potential winner(s) will be notified by email, after the date of random drawing. The potential winner(s) may be required to sign and return to PA, within five (5) days of the date the notice is sent, an affidavit of eligibility and a liability/publicity release (except where prohibited) in order to claim his/her prize, if applicable. If a potential winner of any prize cannot be contacted, fails to sign and return the affidavit of eligibility and/or the liability/publicity release within the required time period (if applicable), or if the prize or prize notification is returned as undeliverable, the potential winner forfeits prize. In the event that a potential winner of a Sweepstakes prize is disqualified for any reason, PA may award the applicable prize to an alternate winner by random drawing from among all remaining eligible entries.
7. Grand Prize. One (1) Grand Prize winner will be awarded. The Grand Prize winner will receive a $100 Gift Card, a $100 value that is non-transferable. The winner is responsible for all taxes associated with prize receipt and/or use. Prizes are non-transferable and no substitution will be made except as provided herein at PA's sole discretion. PA reserves the right to substitute any listed prize for one of equal or greater value for any reason. ALL PRIZES ARE GIVEN AWAY BY PA "AS IS." PA DOES NOT MAKE AND HEREBY DISCLAIMS ANY WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY (INCLUDING WITHOUT LIMITATION ANY IMPLIED OR STATUTORY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT) WITH REGARD TO ANY PRIZE.
8. Entry Conditions and Release. By entering, each participant agrees to: (a) comply with and be bound by these Official Rules and the decisions of PA and/or the Sweepstakes judges which are binding and final in all matters relating to this Sweepstakes; (b) release and hold harmless PA and its respective parents, subsidiaries, and affiliated companies, the prize suppliers and any other organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Sweepstakes, and all of their respective past and present officers, directors, employees, agents and representatives (collectively, the "Released Parties") from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a participant's entry, creation of an entry or submission of an entry, participation in the Sweepstakes, acceptance or use or misuse of prize (including any travel or activity related thereto) and/or the broadcast, exploitation or use of entry; and (c) indemnify, defend and hold harmless the Released Parties from and against any and all claims, expenses, and liabilities (including reasonable attorneys' fees) arising out of or relating to an entrant's participation in the Sweepstakes and/or entrant's acceptance, use or misuse of the prize.
9. General Conditions. PA reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures or any other factor beyond PA's reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by PA in its sole discretion. PA reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, PA reserves the right to seek damages from any such person to the fullest extent permitted by law. PA's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. You hereby agree to indemnify, defend and hold harmless PA, its parents, subsidiaries and affiliates, and its and their respective directors, officers, employees, agents, representatives, successors and assigns from any and all acts or omissions on your part that constitute a violation of these Official Rules, including any failure to appropriately disclose your participation in the PA Merchant Feedback Gift Card Giveaway in any online review posted by you.
10. Limitations of Liability. The Released Parties are not responsible for: (a) 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; (b) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (c) unauthorized human intervention in any part of the entry process or the Sweepstakes; (d) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; or (e) 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. If PA needs to discontinue the Sweepstakes, or any part of it, for any reason, PA, 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. 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 the stated number of prizes as set forth in these Official Rules to be available and/or claimed, PA reserves the right to award only the stated number of prizes by a random drawing among all legitimate, unawarded, eligible prize claims.
11. Disputes. Entrant agrees that: (a) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes, or any prizes awarded, shall be resolved individually, without resort to any form of class action; (b) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes, or any prizes awarded, shall be resolved exclusively by the United States District Court or the appropriate Michigan State Court located in the City of Detroit, Michigan; (c) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys' fees; and (d) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and PA in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Michigan, without giving effect to any choice of law or conflict of law rules (whether of the State of Michigan or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Michigan.