The Sweepspal Promotion
NO PURCHASE NECESSARY TO PLAY OR WIN. PURCHASE WILL NOT INCREASE YOUR ODDS OF WINNING.
PROMOTION DESCRIPTION: The Sweepspal Promotion (the “Promotion”) is sponsored by Madera Digital, LLC, 145 Corte Madera Town Center #596, Corte Madera, CA 94925 (“Sponsor”). By entering the Promotion, you agree to comply with and be bound by the following Sweepspal Promotion Official Rules (the “Official Rules”). Please review these Official Rules carefully. If you do not agree to the terms and conditions of the Official Rules in their entirety, you are not permitted to enter the Promotion.
PROMOTION PERIOD: The Promotion period begins on begins on January 31, 2023 at 12:00:01 a.m. Eastern Time (“ET”) and ends on January 31, 2024, at 11:59:59 p.m. ET, or when one (1) Grand Prize (as defined below) has been claimed, whichever occurs first (the "Promotion Period"). The Promotion shall include separate weekly periods, which shall mean any seven (7) day period during the Promotion Period beginning each Monday during the Promotion Period at 12:00:01 a.m. ET and ending each Sunday during the Promotion Period at 11:59:59 p.m. ET (each, a “Weekly Period”).
ELIGIBILITY: Only legal United States residents residing in the fifty (50) United States and Washington D.C. who are eighteen (18) years of age or older (or the applicable age of majority, if greater than eighteen (18) years of age in their respective jurisdictions) and that can enter into legally binding contracts under applicable law, are eligible to participate. Employees, officers and directors of Sponsor, its parent, subsidiaries, affiliates, distributors, retailers, sales representatives, advertising and promotion agencies (collectively, the “Promotion Entities”) and their immediate family members, and/or those living in the same household of each of the foregoing, are ineligible to participate in the Promotion. Promotion is void where prohibited by law.
HOW TO ENTER: In order to enter the Promotion, you must first go to https://sweepspal.com/ (the "Website") and complete the online Promotion registration form with the information requested. The information that you must provide on the Promotion registration form shall include, at a minimum, your: (a) full name; (b) e-mail address; (c) mailing address; (d) telephone number; (e) date of birth; and (f) answers to certain survey questions (“Registration Data”). Upon submitting the Registration Data, you must then follow the on-screen instructions to click through a collection of offers. Once you have reviewed all of the requisite offers, you will receive a randomly assigned number (the “Entrant Number”) for the corresponding Weekly Period. Once you have completed registration, reviewed the offers and received your Entrant Number, you will receive a confirmation email from Sponsor asking you to click the link in the email to confirm your entry. Your entry is not complete, and your Entrant Number will not be activated, until you have clicked on the link in the confirmation email to verify your email address. You do not need to accept any of the offers in order to receive an entry in the Promotion. During registration, you will have the opportunity to opt-in to receive telemarketing calls and/or text messages from Sponsor and its partners. Opting-in is optional and will not increase your chances of winning.
Grand Prize Winner Determination: At the conclusion of each Weekly Period during the Promotion Period, a representative of Sponsor will randomly select one (1) eight-digit number (the “Prize Determination Number”) for that Weekly Period. Sponsor’s representative will then compare all registered Entrant Numbers for the corresponding Weekly Period to the Prize Determination Number. Should any Entrant Number registered during the applicable Weekly Period match the Prize Determination Number for that Weekly Period identically and in order, such entrant will be a potential winner of the Grand Prize, subject to verification of eligibility and compliance with these Official Rules. Should more than one (1) entrant’s Entrant Number match the Prize Determination Number identically and in order, in a given Weekly Period, all entrants with the matching Entrant Number will split the Grand Prize. If there is a potential Grand Prize winner, such Grand Prize winner will be notified via email within ten (10) days of determination to receive instructions on how to verify eligibility and claim the Grand Prize.
The Promotion Entities shall not be responsible for incorrect or inaccurate entry information whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Promotion or by any technical or human error which may occur in the processing of the entries in the Promotion. The Promotion Entities assume no responsibility or liability for any error, omission, interruption, deletion, theft or destruction, or unauthorized access to, or alteration, of entries. NOTE: Participation must be by the entrant and only as directed in these Official Rules. Participation by any other individual or any entity, and/or originating at any website or other platform, including, but not limited to, commercial promotion subscription notification and/or entering service sites, will be declared invalid and disqualified for this Promotion. The use of any device to automate the entry process is prohibited and will lead to disqualification.
In the event of a dispute over the identity of an entrant, entry will be deemed completed by the authorized account holder of the email address provided at the time of registration. "Authorized account holder" is defined as the natural person who is assigned to an email address by an Internet access provider, on-line service provider, wireless carrier, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.
If due to technical, production or other errors, more Grand Prizes are claimed than intended, the intended Grand Prize will be awarded in a random drawing from all those submitting purportedly valid claims. No more than the number of Grand Prizes set forth in these Official Rules will be awarded. ALL POTENTIAL WINNING ENTRANT NUMBERS ARE SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING. A "SCREEN SHOT" IS NOT PROOF OR EVIDENCE OF A WINNING ENTRANT NUMBER AND/OR PRIZE. AN ENTRANT IS NOT A WINNER OF ANY PRIZE, EVEN IF THE WEBSITE SHOULD SO INDICATE, UNLESS AND UNTIL SAID ENTRANT’S ELIGIBILITY AND THE POTENTIAL WINNING ENTRANT NUMBER HAVE BEEN VERIFIED AND SAID ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE. SPONSOR WILL NOT ACCEPT SCREEN SHOTS OR OTHER EVIDENCE OF WINNING IN LIEU OF ITS VALIDATION PROCESS. The submission of a Grand Prize claim is solely the responsibility of the entrant.
PRIZE: One (1) Grand Prize is available. The Grand Prize consists of Fifty Thousand Dollars ($50,000.00), payable by check in one lump sum (“Grand Prize”)There is no guarantee that the GRAND prize will be awarded.
ODDS OF WINNING: The odds of winning a Grand Prize are 100,000,000:1.
GENERAL PRIZE CONDITIONS: Grand Prize winner shall be solely responsible for all federal, state, and/or local taxes, and the reporting consequences thereof, and for any other fees or costs associated with the applicable Grand Prize. Sponsor will issue a form 1099-MISC for the Grand Prize winner(s) in the amount of the Grand Prize (or applicable portion thereof where the Grand Prize amount is split among winning entrants).Any potential Grand Prize winner must sign and have notarized an Affidavit of Eligibility, a Liability Release, and (where imposing such condition is legally permissible) a Publicity Release (collectively, “Prize Claim Documents”). If a potential Grand Prize winner fails or refuses to sign and return all Prize Claim Documents within five (5) days of notification (or a shorter time if required by exigencies), that potential Grand Prize winner may be disqualified and, at the sole discretion of Sponsor, the Grand Prize will either not be awarded or a new Prize Determination Number will be selected.
PUBLICITY: Excluding residents of the State of Tennessee and where otherwise prohibited by law, acceptance of a Grand Prize constitutes that Grand Prize winner’s permission for Sponsor and its designees to use that Grand Prize winner’s name, photograph, likeness, voice, biographical information, statements and address (city and state) for advertising and/or publicity purposes worldwide and in all forms of media now known or hereafter developed, in perpetuity, without further compensation.
RELEASE: Entrants agree that the Promotion Entities: (a) shall not be responsible or liable for, and are hereby released from, any and all costs, injuries, losses or damages of any kind, including, without limitation, death and bodily injury, due in whole or in part, directly or indirectly, to participation in the Promotion or any Promotion-related activity, or from entrants’ acceptance, receipt, possession and/or use or misuse of any Grand Prize; and (b) have not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to any Grand Prize including, without limitation, to such Grand Prize’s quality or fitness for a particular purpose. Sponsor assumes no responsibility for any damage to an entrant’s or any other person’s computer system or wireless phone which is occasioned by participating in the Promotion, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature. Without limiting the generality of the foregoing, Sponsor is not responsible for: (i) incomplete, illegible, misdirected, misprinted, late, lost, damaged, stolen, or postage-due submissions or Grand Prize notifications; (ii) lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet service providers, websites, or other connections; (iii) miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; (iv) any technical malfunctions, failures, difficulties or other errors of any kind or nature; or (v) the incorrect or inaccurate capture of information, or the failure to capture any information.
DISQUALIFICATION: Sponsor reserves the right, in its sole discretion, to disqualify any individual who is found to be tampering with the entry process or the operation of the Promotion, to be acting in violation of these Official Rules, or to be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Promotion, or to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. No mechanically reproduced, illegible, incomplete, forged, software-generated or other automated multiple entries will be accepted.
GENERAL: Sponsor reserves the right to modify, extend, suspend, or terminate the Promotion if it determines, in its sole discretion, that the Promotion is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other causes beyond Sponsor’s control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of the Promotion as contemplated herein. In the event Sponsor is prevented from awarding Grand Prize(s) or continuing with the Promotion as contemplated herein by any event beyond its control, Sponsor shall have the right to modify, suspend, or terminate the Promotion. The invalidity or unenforceability of any provision of these Official 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.
INDEMNIFICATION: You agree to release, indemnify and hold the Promotion Entities harmless from and against any and all claims, expenses (including reasonable attorneys' fees, costs and settlement costs), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your improper and/or unauthorized participation in the Promotion; (b) your breach of these Official Rules; and/or (c) your violation of any rights of another individual and/or entity. The provisions of this paragraph are for the benefit of the Promotion Entities. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
GOVERNING LAW; DISPUTE RESOLUTION:
These Official Rules shall be treated as though they were executed and performed in New York, New York and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles). The parties hereby agree to arbitrate all claims that may arise under and/or relate to the Promotion and/or these Official Rules. Without limiting the foregoing, should a dispute arise between any entrant and any Promotion Entity including, without limitation, any matter concerning the Promotion, the Grand Prize(s), the terms and conditions of these Official Rules or the breach of same by any party hereto: (a) the parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association (“AAA”) in New York, NY, in accordance with the then current Commercial Arbitration rules of the AAA; and (b) you agree to first commence a formal dispute proceeding by completing and submitting an Initial Dispute Notice which can be found https://sweepspal.com/dispute-notice The Promotion Entity(ies) named in your Initial Dispute Notice (collectively, the “Named Parties”) may choose to provide you with a final written settlement offer after receiving your Initial Dispute Notice (“Final Settlement Offer”). If the applicable Named Party(ies) provide(s) you with a Final Settlement Offer and you do not accept it, or such Named Party(ies) cannot otherwise satisfactorily resolve your dispute and you wish to proceed, you must submit your dispute for resolution by arbitration before the AAA, in your county of residence, by filing a separate Demand for Arbitration, which is available at https://www.adr.org/sites/default/files/Consumer_Demand_for_Arbitration_Form_1.pdf
For claims of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions. If the arbitrator awards you relief that is greater than the applicable Final Settlement Offer, then the Named Party(ies) will pay all filing, administration and arbitrator fees associated with the arbitration and, if you retained an attorney to represent you in connection with the arbitration, the Named Party(ies) will reimburse any reasonable attorneys' fees that your attorney accrued for investigating, preparing and pursuing the claim in arbitration. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Although the Named Party(ies) may have a right to an award of attorneys' fees and expenses if the Named Party(ies) prevail(s) in arbitration, the Named Party(ies) will not seek such an award from you unless the arbitrator determines that your claim was frivolous.
To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against any of the Promotion Entity(ies). You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney's fees and court costs that any Promotion Entity incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (i) does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (ii) is an independent agreement. You may opt-out of these dispute resolution provisions by providing written notice of your decision within thirty (30) days of the date that you first enter the Promotion.
WINNER’S LIST: For the name of the Grand Prize winner, if any, send a self-addressed, stamped envelope to: Sweepspal Promotion Winner, Madera Digital, LLC, 145 Corte Madera Town Center #596, Corte Madera, CA 94925. All such requests must be received within six (6) weeks after the end of the Promotion Period.