OFFICIAL SWEEPSTAKES RULES
Pay With Your Bank Account For A Chance To Win An Apple Watch Sweepstakes
STEVE & KATE’S CAMP, 58 West Portal Ave #800, San Francisco, CA 94127 (“Sponsor”).
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
BY ENTERING (OR OTHERWISE PARTICIPATING) IN THE SWEEPSTAKES, PARTICIPANTS AGREE TO THESE OFFICIAL RULES, WHICH CREATE AN ENFORCEABLE CONTRACT. PLEASE READ THESE RULES CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES GRANTS OF RIGHTS AND INDEMNITIES TO SPONSOR FROM YOU, A CLASS ACTION WAIVER AND MANDATORY ARBITRATION OF DISPUTES, AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
- ELIGIBILITY: Pay With Your Bank Account For A Chance To Win An Apple Watch Sweepstakes (“Sweepstakes”) is open only to legal residents of the fifty (50) United States and the District of Columbia (excluding Puerto Rico, the U.S. Virgin Islands and all other U.S. territories and possessions). “Participants” must be 18 years of age or older. Employees of Sponsor and their immediate family members (spouse, parent, child, sibling and their respective spouses, regardless of where they reside or those living in the same households, whether or not related) are not eligible to win. Void where prohibited by law. Sweepstakes is subject to all applicable federal, state and local law. Entry in the Sweepstakes constitutes your full and unconditional acceptance of these Official Sweepstakes Rules (the “Official Rules”).
- SWEEPSTAKES PERIOD: The Sweepstakes entry period begins as of 12:01 a.m. Pacific Standard Time (“PST”) on the first day of the month and ends as of 11:59 p.m. Pacific Standard Time (“PST”) on the last day of the month (the “Sweepstakes Period”). The Winner (as hereafter defined) will be selected from entries properly submitted during the Sweepstakes Period.
- SWEEPSTAKES ENTRY INSTRUCTIONS (NO PURCHASE NECESSARY):
I. A person is automatically entered as a Participant when he or she registers, re-registers, or refills his or her account and makes the applicable payment using his or her bank account via Automated Clearing House (“ACH”).
II. A person may also enter as a Participant by sending a letter or postcard postmarked by the last day of the sweepstakes period including: ENTER ME FOR A CHANCE TO WIN AN APPLE WATCH, first and last name of Participant, age, address, email address, and phone number. Send to:
Steve & Kate’s Camp
Attn: ACH Sweepstakes
58 West Portal Ave #800,
San Francisco, CA 94127
Each entry method gives the Participant equal chance of winning. Limit one (1) entry per person. A person may only enter as a Participant once and may only use one of the methods of entry.Sponsor reserves the right to disqualify any Entry for any reason, in its sole and absolute discretion, including its determination in its sole discretion that an Entry fails to satisfy any of the requirements of these rules.
- SELECTION OF SWEEPSTAKES WINNER: Each Participant will be assigned a unique entry number which will be entered into a computer system that will randomly select one entry number. The Participant’s entry number which is selected will be the Winner of the Sweepstakes. The Winner will be notified by email or phone. In the event that any Winner is disqualified for any reason, Sponsor may, in Sponsor’s sole discretion, award the Prize (as hereafter defined) to an alternate Winner. Any return of Prize notification or Prize e-mail as undeliverable will result in forfeiture of such Prize, and an alternate Winner may, at Sponsor’s discretion, be selected. The Winner will be required to execute and return an Affidavit of Eligibility/Liability and Publicity Release within ten (10) business days of attempted notification or the Winner may be disqualified and alternate Winner selected.
5. RIGHTS ASSOCIATED WITH SWEEPSTAKES. Permission, Consent, Assignment, and License. ENTERING THIS SWEEPSTAKES CONSTITUTES PERMISSION FOR SPONSOR TO USE THE PARTICIPANT’S AND/OR ENTRANT’S NAME, LIKENESS, ADDRESS (CITY AND STATE), PHOTOGRAPH, BIOGRAPHICAL INFORMATION AND OTHER MATERIALS CONTAINED IN THE ENTRY, AND ANY STATEMENTS AND REMARKS MADE ABOUT THE SWEEPSTAKES FOR ANY AND ALL PURPOSES, INCLUDING ADVERTISING, TRADE, AND PROMOTIONAL PURPOSES, EXCEPT AS PROHIBITED BY LAW.
6. PRIZE: One (1) prize (“Prize”) will be awarded to the Winner, which will consist of: one APPLE WATCH ($399.00 Approximate Retail Value) or one APPLE GIFT CERTIFICATE ($399.00 Approximate Retail Value). The Prize will not be replaced if lost or stolen and is nontransferable. The Prize is not redeemable for cash and no substitutions are allowed, except at the sole discretion of Sponsor, in which case a prize of equal or greater value may be awarded. The Prize will be delivered only to addresses in the United States. All taxes are the responsibility of the Winner, where applicable. All expenses not specifically mentioned herein are not included as part of any Prize package and are solely the Prize Winner’s responsibility. 7. GENERAL RULES: By entering or participating in the Sweepstakes, Participant, agrees to be bound by these Official Rules and by the decisions of Sponsor, which are final and binding in all respects. Sponsor is not responsible for lost, late, incomplete, inaccurate, stolen, misdirected, undelivered, delayed, garbled or damaged Entrys; or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Sweepstakes, including, without limitation, errors or difficulties which may occur in connection with the administration of the Sweepstakes, the processing of entries, the announcement of the Prize or in any Sweepstakes-related materials. Sponsor is also not responsible for any incorrect or inaccurate information, whether caused by Sweepstakes website users, tampering, hacking, or by any equipment or programming associated with or utilized in the Sweepstakes. Sponsor is not responsible for injury or damage to Participants’ or to any other person’s computer related to or resulting from participating in this Sweepstakes or downloading materials from or use of Sponsor’s website or any other website in connection with the Sweepstakes. Persons who tamper with or abuse any aspect of the Sweepstakes or who are in violation of these Official Rules, as solely determined by Sponsor, may be disqualified and all associated entries voided, all in Sponsor’s sole judgment. Further, if, for any reason, the Sweepstakes is not capable of being run as planned which, in the sole opinion of Sponsor, may corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes (or portion thereof), Sponsor reserves the right, at Sponsor’s sole discretion, to cancel, terminate, modify or suspend the Sweepstakes (or portion thereof). Sponsor also reserves the right at Sponsor’s sole discretion to disqualify the Entry of any individual found to be (i) tampering or attempting to tamper with the entry process or the operation of the Sweepstakes or any website operated by Sponsor; (ii) using any robotic, macro, automatic, programmed or like entry methods, which will void all such entries; (iii) violating these Official Rules or the terms of service, conditions of use, and/or general rules of any Sponsor property or service; or (iv) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten, or harass any other person. Sponsor is not responsible for claims, injuries, losses or damages of any kind resulting, in whole or in part, directly or indirectly, from the awarding, delivery, acceptance, use, misuse, possession, loss or misdirection of the Prize; participation in the Sweepstakes or in any activity or travel related thereto or from any interaction with, or downloading of, computer Sweepstakes information. This includes, but is not limited to, personal injury, death, and/or property damage, as well as claims based on publicity rights, defamation and/or invasion of privacy. Sponsor makes no warranties and hereby disclaim any and all warranties, express or implied, concerning any Prize furnished in connection with this Sweepstakes. Sponsor is not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in Participant’s e-mail or other account to receive messages.8. PARTICIPANT OBLIGATIONS AND RELEASE: By participating in the Sweepstakes, Participant, agrees to indemnify, defend, release and hold harmless Sponsor and its members, employees, agents, representatives, contractors, and each of their heirs and devisees, from and against any and all losses, demands, damages, rights, claims, actions and liabilities of any kind (including reasonable attorneys’ fees and legal costs) arising out of or related to (a) participation in the Sweepstakes, including without limitation any claim of ambiguity in the Official Rules; (b) acceptance or claiming of any Prize hereunder; (c) administration of the Sweepstakes, (d) the operation of any website; (e) Sponsor’s use of any of the rights granted in these Official Rules and use of Participant’s Entry; and (f) any claims of infringement related to Sponsor’s use of any video, photographs, drawings or any other materials submitted to Sponsor in connection with the Sweepstakes. The Winner assumes all liability for any injury, death, or damage caused, or allegedly caused, by participating in the Sweepstakes or use or redemption of the Prize. 9. LIMITATION OF LIABILITY: By participating in the Sweepstakes, you waive the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages. Participant agrees that in any cause of action, in no event shall Sponsor be liable for attorneys’ fees and/or experts’ fees and costs. WITHOUT LIMITING THE FOREGOING, THE SWEEPSTAKES, ALL PRIZES, AND ALL MATERIALS PROVIDED ON OR THROUGH THE SPONSOR’S WEBSITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.10. OTHER CONDITIONS. These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with 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 Official 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.11. ARBITRATION, VENUE, AND CHOICE OF LAW:12. OFFICIAL RULES/WINNER’S LIST REQUESTS: To obtain a copy of these Official Rules or for notification of the Winner, send a self-addressed stamped envelope to: Steve & Kate’s Camp Pay With Your Bank Account For A Chance To Win APPLE WATCH Sweepstakes Official Rules/Winner List Request, 25 Broadway, San Francisco, CA 94111. Requests for Winners’ lists must be received no later than three (3) months after the end of the Sweepstakes Period.
SPONSOR AND Participant, for himself or herself as well as on behalf of Entrant, each agree to finally settle all disputes only through arbitration; provided, however, Sponsor shall be entitled to seek injunctive or equitable relief in the state and federal courts in Marin County and any other court with jurisdiction over the parties. In arbitration, there is no judge or jury and review is limited. The arbitrator’s decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to this Sweepstakes shall be resolved solely by binding arbitration before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. (“JAMS”) or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a “Demand for Arbitration”, then either party can elect to have the arbitration administered by the American Arbitration Association (“AAA”) or any other mutually agreeable arbitration administration service. If an in-person hearing is required, then it will take place in San Francisco, California; provided, however, the parties may mutually agree on an alternative location. California law will apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate does not apply and the dispute must be brought in a court of competent jurisdiction in Marin County, California. Sponsor agrees to pay the administrative and arbitrator’s fees in order to conduct the arbitration (but specifically excluding any travel or other costs of entrant to attend the arbitration hearing). Either party may, notwithstanding this provision, bring qualifying claims in small claims court. In no event shall any entrant seek or be entitled to rescission, injunctive or other equitable relief or to enjoin or restrain the operation of this Sweepstakes (or any website connected therewith), exploitation of any advertising or other materials issued in connection therewith, or exploitation of this Sweepstakes (or any website or any content or other materials used or displayed on the website used in connection with the Sweepstakes).
Participant, for himself or herself as well as on behalf of Entrant, agrees that (a) any and all disputes, claims and causes of action arising out of, or connected with, the Sweepstakes or any Award provided shall be resolved individually, without resort to any form of class action, and exclusively by arbitration as set forth above; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes and in no event shall Participants be entitled to receive attorneys’ fees or other legal costs; and (c) under no circumstances will Participant be permitted to obtain awards for, and Participant, hereby waives all rights to, claim punitive, incidental and consequential damages and any other damages, other than out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.
All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, Participants’ or Entrants’ rights and obligations, or the rights and obligations of Sponsor in connection with the Sweepstakes shall be governed by, and construed in accordance with, the laws of State of California, without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than State of California.