TAP NETWORK SWEEPSTAKES OFFICIAL RULES
By entering, I acknowledge that I have read and accept the following Sweepstakes Official Rules, as well as the Terms of Use and Privacy Policy.
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN A PRIZE. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. SWEEPSTAKES ONLY OPEN TO PERSONS WHO ARE AT LEAST 18 YEARS OLD AT THE TIME OF ENTRY. VOID WHERE PROHIBITED.
ODDS OF WINNING ARE DEPENDENT ON THE NUMBER OF ELIGIBLE ENTRIES RECEIVED. VOID WHERE PROHIBITED BY LAW. CERTIFICATE OF ELIGIBILITY / RELEASE OF LIABILITY / PRIZE ACCEPTANCE AGREEMENT WILL BE REQUIRED. ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.
SWEEPSTAKES OFFER:
$200 Walmart gift card
ENTRY PERIODS:
This TAP Network (“Administrator”) sweepstake (“Sweepstake” or “Sweepstakes”), sponsored by TAP Network Inc (“Sponsor”), and offered to the users of partner programs including Brave Rewards Marketplace (“Promotional Partner”) begins on 11/4/20 (“Entry Start Date”) at 12:00:01 a.m. Eastern Standard or Daylight Time (“ET”) and ends on 11/24/20 (“Entry End Date”) at 11:59:59 p.m. Pacific Standard or Daylight Time (“PT”) (the “Sweepstakes Period”). Administrator’s designated computer will serve as the official timekeeper for the Sweepstakes. Any attempted form of entry into the Sweepstakes other than as described herein is void.
SWEEPSTAKE ENTITIES:
Administrator, Sponsor, Promotional Partners, and their subsidiaries, and all of their respective partners, parent companies, divisions, subsidiaries, affiliates, trustees, advertising, promotion and public relations agencies, are collectively referred to as the “Sweepstakes Entities”.
ELIGIBILITY:
BY ENTERING, YOU REPRESENT THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OLD AT TIME OF ENTRY. By entering into the Promotion, you (“Entrant”) represent and warrant that you are age 18 and have the legal right to consent to these Official Rules;
The Sweepstake is open to all natural persons who are residents of the United States, are 18 or older on Entry Start Date at 00:01 AM Eastern Daylight Time (EDT), and are registered users of the Promotional Partner’s platform and rewards program with the exception of employees, officers and directors of the Sweepstake Entities defined in these Official Rules, and members of their respective immediate families and/or persons with whom any of the foregoing are domiciled.
FOR INTERNATIONAL SWEEPS ONLY:
Non U.S. Entries. The Sweepstake is open to legal residents of the fifty (50) United States and the District of Columbia, and most countries around the world, but they are void in all countries on the United States list of embargoed countries, as well as in countries where local laws prohibit entry into sweepstakes. Any country where it is legal to participate in sweepstakes (but excluding: Austria, Belarus, Belgium, Brazil, China, Cuba, Czech Republic, France, Greece, Hong Kong, India, Iran, Iraq, Ireland, Italy, Japan, Lebanon, Mexico, Nicaragua, North Korea, Portugal, Russia, South Korea, Spain, Sweden, Syria, Taiwan, Venezuela, Yemen) are 18 or older on Entry Start Date at 00:01 AM Eastern Daylight Time (EDT), and are registered users of the Promotional Partner’s platform and rewards program, with the exception of employees, officers and directors of the Sweepstake Entities defined in these Official Rules, and members of their respective immediate families and/or persons with whom any of the foregoing are domiciled.
HOW TO ENTER:
Visit the rewards program in the Promotional Partner’s App and/or website and follow instructions, or visit brave.tapnetwork.io and follow the instructions. All users must create a MyTAPrewards (“MTR”) account (“Account” or “MTR Account”), or log-in. Creating an Account is free of charge. To enter the Sweepstakes using an MTR rewards token (“Token” or “Tokens”) you must have a verified Account and at least one valid Token, unless otherwise indicated in the description of the Sweepstake. You may redeem rewards points from Promotional Partners to Tokens. See ALTERNATE METHOD OF ENTRY for details on how to enter without redeeming rewards points or currency. All online entries must be received by Entry End Date.
Administrator and Sponsor may, from time to time by various methods, offer additional opportunities to receive a Sweepstakes entry online without redeeming any rewards points or currency.
Entry into one Sweepstake drawing pool does not carry over into entry into any other Sweepstakes drawing pool. Entrants may enter multiple times into the same Sweepstake by using multiple Tokens, however, multiple Entrants are not permitted to share the same Account. Any attempt by any Entrant to use multiple/different email addresses, identities, registrations and logins, or any other methods will void that Entrant’s entries and Entrant may be disqualified.
Use of any automated system to participate is prohibited and will result in disqualification. In the event of disqualification, any Sweepstake prize (“Prize” or “Prizes”) that Entrant might have been otherwise entitled to may be awarded to an alternate winner selected by the Administrator at the Administrator’s sole discretion.
If you do not have Internet access via a personal computer, your local library or Internet café may be able to provide access to the Internet and a number of Internet service providers and other companies offer free email accounts.
ALTERNATE METHOD OF ENTRY:
To enter without purchase and without redeeming any rewards points or currency, you may obtain up to one entry (“Alternate Entry”) per eligible Sweepstakes by sending a 3″ x 5″ card or piece of paper in an envelope, on which you hand-print your full name, complete address, phone number with area code, date of birth, the email address associated with your MTR Account, and the name of the Sweepstakes which you wish to be entered into and mail it to: $200 Walmart Gift Card, c/o TAP Network, 340 S LEMON AVE #6858, WALNUT, CA 91789, UNITED STATES. Incomplete information on mailed cards shall render such entry ineligible.
Requests must be postmarked by and received by Entry End Date.
Only one (1) request per card or envelope allowed. Entries mechanically reproduced or made in any fashion other than as specified herein are void. Entries submitted by script, macro or other automated or mechanical means, entries by any means which subvert the entry process and entries made in any fashion other than as specified herein are void. All entries become property of the Administrator and Sponsor and will not be returned.
Entry into one Sweepstakes drawing pool does not carry over into entry into any other Sweepstakes drawing pool.
CONDITIONS:
Employees, officers and directors of the Sweepstake Entities, and their respective officers, directors, employees, agents, independent contractors, representatives and agencies are not eligible to participate in the Sweepstakes and/or win a Prize. Additionally, immediate family members of such employees and persons living in the same household as such employees (whether related or not) are not eligible to win. For the purposes of this Sweepstakes, “immediate family members” is defined as spouse, domestic partner, mother, father, grandmother, grandfather, children, siblings and their spouses and “persons living in the same household” shall mean people who share the same residence at least three (3) months a year, whether legally related or not.
By entering this Sweepstakes, Entrants agree to be bound by these Official Rules and the decisions of the Administrator and/or Sponsor, which are final and binding in all respects and cannot be challenged or appealed.
Unless specified as US only, Non-US residents may enter sweepstakes and acknowledge and agree that digital gift cards may be delivered internationally but can only be used with U.S. based stores or e-commerce sites, and other Prizes may be delivered internationally but the winner is responsible for shipping and handling costs, as well as any custom costs imposed by the destination country on arrival. Certain products may be prohibited or restricted from delivery into certain countries.
If your country or local law prohibits sweepstakes entries, please do not redeem for sweepstake entries or participate in any sweepstakes. Any submission from residents of prohibited countries will be considered void. Residents of countries that may not participate in sweepstakes include, but are not limited to: Belgium, Brazil, Cuba, India, Ireland, Sweden, Australia, France, Germany, Italy, Mexico, Spain, Venezuela, Russia. Winners will be required to certify country of origin at the time of claiming a Prize.
Conditions for entry in a Live Experience Sweeps:
Entrants acknowledge that travel to/from the live experience is the sole responsibility of the winner. Administrator and/or Sponsor does not provide transportation and lodging to live events unless otherwise noted in the Prize description. Instructions for your Prize delivery will be provided after completing the winner’s affidavit.
Conditions for entry in a Virtual Experience Sweeps:
Entrants acknowledge that the winner is responsible for providing an internet connection in order to receive the virtual experience as Prize and must download and install any software required to participate in the virtual experience. Administrator and/or Sponsor does not claim responsibility for any 3rd party software, internet or wireless service charges or equipment needed to receive the Prize. Instructions for your Prize delivery will be provided after completing the winner’s affidavit.
Conditions for entry in a Product Sweeps:
Entrants acknowledge that Administrator and/or Sponsor will ship the winner the product detailed in this sweep. Entrant is responsible for providing a correct physical mailing address in the winner’s affidavit and any errors or omissions at no fault of the Administrator and/or Sponsor will result in the cancellation of the Prize. Instructions for your Prize delivery will be provided after completing the winner’s affidavit.
ADDITIONAL CONDITIONS FOR ENTRY:
When you enter:
- You must log in to your Uphold account at brave.tapnetwork.io.
- Select the corresponding Sweepstakes you want to enter and select how many Tokens you want to use for entry.
Those Entrants who do not fill in all the required fields on the Account page or agree to the Official Rules will be disqualified.
Sponsor will accept only up to a maximum of one thousand (1,000) qualifying entries per Entrant in this Sweepstakes for each Entry Period during the Sweepstakes Period. Non-winning entries will not rollover to subsequent Entry Periods or any other Sweepstakes. Each qualifying entry will be entered into the drawing for a chance to win the Prize.
Submission of false or misleading Personal Information of an Entrant will be grounds for disqualification of entry. Entries generated by a script, macro or other automated means will be disqualified. Illegible, damaged, lost, late or incomplete entries, as determined by the Sponsor in its sole discretion, will be disqualified. Sponsor will not deem proof of submission of an entry as proof of receipt of an entry. Entries submitted by entrants who do not meet the eligibility requirements (including all requirements with respect to age and residence) are void. Those who do not follow all of the instructions, provide the required information in their entry form, or abide by these Official Rules or other instructions of Sponsor may be disqualified. It is the sole responsibility of the Entrant to notify Sponsor in writing of any changes to Personal Information, including email addresses, by either updating Entrant’s Account online before the Entry End Date, or mailing such notice to: $200 Walmart Gift Card, c/o TAP Network, 340 S LEMON AVE #6858, WALNUT, CA 91789, UNITED STATES. All entries and related correspondence become property of Sponsor and will not be returned. Entrants are limited to nine hundred and ninety-nine (999) online entries and one mailing entry per sweepstakes. Additional entries will be disqualified as will incomplete entries and entries not received during the Sweepstakes Period.
Administrator and Sponsor reserves the right to contact Entrants whose email address is submitted as part of this Sweepstakes with regard to their participation or promotional material. Entrants may choose to opt-out of future notifications and communications. Additional personally-identifying information of Entrants including but not limited to mailing address may be collected and used by Sponsor and Administrator only with respect to this Sweepstakes, and shall be periodically purged after the end of the Sweepstakes and the fulfillment of Prizes, as defined herein, except to the extent Sponsor and Administrator is required by law to maintain and/or disclose such information.
SPONSOR DOES NOT SEEK TO USE, DISSEMINATE OR COLLECT PROHIBITED PERSONALLY IDENTIFIABLE INFORMATION THROUGH THE PROMOTION, AND ANY ENTRY THAT INCLUDES PROHIBITED PERSONALLY IDENTIFIABLE INFORMATION IS SUBJECT TO DISQUALIFICATION AND DESTRUCTION SHOULD SPONSOR OBTAIN ACTUAL KNOWLEDGE THAT SAID ENTRY INCLUDES PROHIBITED PERSONALLY IDENTIFIABLE INFORMATION.
“Prohibited Personally Identifying Information” includes the following information of an individual under 18 years of age: first and last names; home or physical addresses, including street name and city or town name; online contact information, such as email address or anything that permits direct contact with a person online; screen or user names; telephone numbers; social security numbers; photograph, video, or audio file that contains child’s image or voice; or geolocation information able to identify street name or city or town name.
ENTRANTS ACKNOWLEDGE AND AGREE THAT THEY WILL NOT SUBMIT IN ANY FORM OR MANNER ANY PERSONALLY IDENTIFIABLE INFORMATION OF A MINOR CHILD YOUNGER THAN 18 YEARS OF AGE AT THE TIME OF ENTRY.
PROMOTIONAL PARTNER LINKS:
To review the WMG Rewards privacy policy, go to https://wmgrewards.com/privacy. To review WMG Rewards terms of use, go to https://wmgrewards.com/terms.
To review the WMG’s privacy policy, go to https://www.wmg.com/privacy/wmg. To review WMG’s terms of use, go to https://www.wmg.com/termsconditions.
Additional Promotional Partner Conditions – BRAVE Rewards
NOTHWITHSTANDING THE FOREGOING FOR NON US RESIDENTS:
The Sweepstake is open to legal residents of the fifty (50) United States and the District of Columbia, and most countries around the world, but they are void in all countries on the United States list of embargoed countries, as well as in countries where local laws prohibit entry into sweepstakes. Any country where it is legal to participate in sweepstakes (but excluding: Austria, Belarus, Belgium, Brazil, China, Cuba, Czech Republic, France, Greece, Hong Kong, India, Iran, Iraq, Ireland, Italy, Japan, Lebanon, Mexico, Nicaragua, North Korea, Portugal, Russia, South Korea, Spain, Sweden, Syria, Taiwan, Venezuela, Yemen) are 18 or older on Entry Start Date at 00:01 AM Eastern Daylight Time (EDT), and are registered users of the Promotional Partner’s platform and rewards program, with the exception of employees, officers and directors of the Sweepstake Entities defined in these Official Rules, and members of their respective immediate families and/or persons with whom any of the foregoing are domiciled.
Non-US residents acknowledge and agree that digital gift cards may be delivered internationally but can only be used with U.S. based stores or e-commerce sites, and other prizes may be delivered internationally but the winner is responsible for shipping and handling costs, as well as any custom costs imposed by the destination country on arrival. Certain products may be prohibited or restricted from delivery into certain countries.
ENTERING AS A BRAVE REWARDS USER:
Visit brave.tapnetwork.io and follow the links and instructions to create a Brave Rewards account (“Account”), as well as an Uphold Wallet, or log-in to your Account at brave.tapnetwork.io. Creating an Account is free of charge. For details on how to earn BAT, visit brave.com. To redeem BAT for sweepstakes entries you must have a verified Uphold Wallet.
See ALTERNATE METHOD OF ENTRY for details on how to enter without redeeming BAT. All online entries must be received by Entry End Date.
PROMOTIONAL PARTNER LINKS:
To review Brave Rewards privacy policy, go to https://brave.tapnetwork.io/privacy-policy/. To review Brave Rewards terms of use, go to https://brave.tapnetwork.io/terms-of-service/.
To review the BRAVE’s privacy policy, go to https://brave.com/privacy/. To review BRAVE’s terms of use, go to https://brave.com/terms-of-use/.
SPONSOR:
TAP NETWORK, 340 S LEMON AVE #6858, WALNUT, CA 91789, UNITED STATES (“Sponsor”).
ADMINISTRATOR:
TAP NETWORK, 340 S LEMON AVE #6858, WALNUT, CA 91789, UNITED STATES (“Administrator”).
WINNER SELECTION PROCESS:
Following the conclusion of the Sweepstakes Period, Administrator will select the Prize winners as defined below. Sponsor will conduct one (1) random drawing for one (1) Prize, with each random drawing consisting of all entries received with the correct information for each entry in accordance with these Official Rules. Sponsor will select the Prize winner automatically at the end of the Sweepstakes Entry Period.
If a potential sweepstakes winner resides in Canada, in order to be declared a winner, selected entrant must first correctly answer an unaided mathematical skill-testing question, to be administered by email, and have his/her entry verified by Sponsor.
If a potential Sweepstakes winner is found ineligible or fails to comply with these Official Rules, that Entrant’s claim to a Prize is forfeited and an alternate qualifying and eligible Entrant may be selected, at Sponsor’s sole discretion.
All Prizes legitimately claimed will be awarded.
Refusal or return of any notifications, Certificate/Release or Prize as undeliverable will result in disqualification and an alternate entry will be selected at Sponsor’s sole discretion.
PRIZES:
Items referred to herein are collectively defined as the “Prize” or “Prizes”. The Approximate Retail Value (“ARV”) of each Prize is $200. Total ARV of all Prizes are: $200
ADDITIONAL PRIZE INFORMATION:
The Prize consists only of the elements expressly set forth above, and no other elements or expenses are included in the Prize and all such expenses are the sole responsibility of the Prize winners All expenses not specifically mentioned herein are not included in any Prize and are solely the winner’s responsibility.
Prize winners are solely responsible for the reporting and payment of any and all federal, state and local taxes as well as any other costs and expenses associated with acceptance and use of a Prize not specified herein as being awarded. Prize winners may be issued an IRS form 1099 based on the actual value of the Prize awarded.
The value of each Prize set forth above represents the Administrator and Sponsor’s good faith determination of the ARV thereof and cannot be challenged or appealed. The Prize consists of only those items specifically listed as part of the Prize.
PRIZE WINNER NOTIFICATION PROCESS:
The Prize winners will be notified by Administrator via their MTR Account email address within a commercially reasonable time after the winner selection date, generally within forty-eight (48) hours If a Prize winner does not accept the Prize within forty-eight (48) hours following the date and time the Prize winner is notified by Administrator, then that Sweepstakes winner will be disqualified and an alternate winner will be selected at Administrator’s sole discretion. Non-compliance shall result in disqualification and award of the Prize to an alternate winner. If any potential Prize winner is found to be ineligible, or if he or she has not complied with these Official Rules, or if the potential Prize winner cannot attend or participate in any portion of the Prize, or declines a Prize for any reason prior to award, such potential Prize winner may be disqualified and an alternate potential Prize winner may be selected. The Sweepstakes Entities are not responsible for and shall not be liable for late, lost, damaged, intercepted, misdirected, or unsuccessful efforts to notify the potential Prize winner. The Sweepstakes Entities are 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 Entrant’s email account to receive email messages.
The Administrator and Sponsor will require a tentative Sweepstakes winner to execute a Certificate of Eligibility, Liability Release and Publicity Release (collectively, “Certificate/Release”), where lawful. If travel is included as part of the Prize, the Sponsor will require a tentative Prize winner to also execute a Travel Release and Guest Travel Release. If a Prize winner fails to return any required documentation and signatures within twenty-four (24) hours following the date and time the Prize winner is notified by Administrator, then that Grand Prize winner will be disqualified and an alternate winner will be selected at Administrator’s sole discretion.
PRIVACY STATEMENT:
Entrants’ personal information will be utilized by the Administrator and Sponsor for fulfillment of the Prize and to comply with legal requirements.
To review Administrator’s privacy policy, go to https://brave.tapnetwork.io/privacy-policy/. To review Administrator’s terms of use, go to https://brave.tapnetwork.io/terms-of-service/.
By entering this Sweepstakes, Entrants accept and agree to abide by these privacy policies and terms of use. As a condition of entering the Sweepstakes, each Entrant gives consent for Administrator and Sponsor to obtain and deliver his or her name, address and other information to third parties for the purpose of administering this Sweepstakes and to comply with applicable laws, regulations and rules. Any information Entrant provides to Sponsor may be used to communicate with Entrant in relation to this Sweepstakes or on a Sweepstakes winner’s list.
OWNERSHIP AND LICENSE:
All Sweepstakes related materials, including submission entries (“Submission”) becomes the property of the Administrator and Sponsor and will not be acknowledged or returned. The copyright in any Submission shall remain the property of the Entrant, but entry into this Sweepstakes constitutes Entrant’s irrevocable and perpetual permission and consent, without further compensation or attribution, to use, reproduce, print, publish, transmit, distribute, sell, perform, adapt, enhance, or display such Submission for any purpose, including, but not limited to, editorial, advertising, trade, commercial, and publicity purposes by the Sponsor and/or others authorized by the Sponsor, in any and all media now in existence or hereafter invented, throughout the universe, for the duration or the copyright in the Submission. Sponsor and/or others authorized by the Sponsor shall have the right to edit, adapt, and modify the Submission.
Any use of any of the Sweepstakes Entities trademarks or copyright interest is strictly prohibited and may subject Entrant to civil and/or criminal liability.
PUBLICITY GRANT:
Except where prohibited by law, each Sweepstakes winner grants the Sweepstakes Entities, and those authorized by the Sweepstakes Entities, the perpetual and irrevocable right and license to use his/her first name, last initial, and location, for advertising, promotional and/or publicity purposes, on a worldwide basis, and in all forms of media now known or hereafter invented or discovered (including, without limitation, on the Sponsor’s web sites), in perpetuity, without further compensation, notice, review or approval except of the awarding of the Prize to the Prize winner.
NO WARRANTIES:
ALL PRIZES ARE PROVIDED “AS IS” AND “with all faults.” Sweepstake Entities make no warranties, express or implied, in fact or in law, relative to the use or enjoyment of any Prize, or any portion thereof, including, without limitation, its quality, merchantability or fitness for a particular purpose. Any and all warranties for a Prize, or any portion thereof, are contained in the manufacturers’ or service providers’ warranties, as relevant.
All trademarks utilized as part of the Sweepstakes or the Prize are the property of their respective owners. The use of certain companies’ products and services as Prizes does not imply participation in, approval of, or endorsement of this Sweepstakes by such companies. References to individuals are for reference and identification purposes only and not intended to suggest endorsement, sponsorship or affiliation with the Sweepstake Entities or the Sweepstakes.
RELEASE, HOLD HARMLESS AND INDEMNIFICATION:
By entering, all entrants in the sweepstakes, entrant’s heirs, executors, administrators, legal successors and/or assigns release and agree to defend, indemnify and hold harmless the sponsor and all sweepstakes entities from and against any and all claims, demands, losses and causes of action for any damages (including, without limitation, all consequential, punitive, and incidental damages), liability, loss, cost, fees (including attorneys’ fees), including, without limitation, damage to person (including death) or personal or real property, due, in whole or in part, directly or indirectly, by reason of the acceptance, possession, redemption, misdirection, use or misuse of any Prize or any portion of any Prize (including any activity or travel related thereto) or participation in the sweepstakes and the activities or for any and all claims based on rights of publicity and rights of privacy whether any of these things are caused, in whole or in part, by the acts, omissions, negligence or misconduct of the Sweepstakes Entities.
Disclaimers / limitations on liability:
By entering, all entrants in the sweepstakes agree that the sweepstakes entities assume no liability whatsoever for injuries or damages of any kind sustained in connection with the use, acceptance, possession or awarding of any Prize or while preparing for, participating in and/or traveling to or from any sweepstakes-related activity, including, without limitation, any injury, damage, death, loss or accident to person or property due to an intentional act, an act of negligence or default and/or any act of god.
By entering the Sweepstakes, Entrants agree to waive any right to claim ambiguity with the Official Rules.
The Sweepstakes Entities are not responsible for human errors or for any damaged, tampered with, delayed, illegible, incomplete, inaccurate, garbled, late, lost, forged, misaddressed, misdirected, mutilated, mass machine-generated, unintelligible, incomprehensible, stolen entries or entries otherwise not in compliance with these Official Rules. In addition, Sweepstakes Entities are not responsible for any typographical errors in these Official Rules, Sweepstakes content or any advertising materials for the Sweepstakes, or for any kind of computer, electronic, hardware, software, Internet, network, technical or telephone failures and/or problems caused by the Sponsor and/or the Sweepstakes Entities or the user, or by any of the equipment or programming associated with or utilized in the Sweepstakes, or by any human, typographical, electronic, network or other error that may occur in receiving and/or processing of the entries in the Sweepstakes, or by infection by computer viruses, bugs, tampering, unauthorized intervention, fraud or technical failure.
If the Sweepstakes becomes compromised, hampered, interrupted, not capable of running as planned, rendered impossible of performance in any way or prevented, including, without limitation, because of any kind of computer viruses, bugs, electronic, hardware, software, Internet, network, technical or telephone failures, tampering, unauthorized intervention, fraud, an event of force majeure or any other cause created by Sponsor and/or the Sweepstakes Entities, the user or by any of the equipment or programming associated with or utilized in the Sweepstakes, Administrator and Sponsor reserves the right, at its sole discretion, to change the Official Rules, to cancel, modify, suspend or withdraw the Sweepstakes or any Sweepstakes offer and/or cancel, modify, suspend or withdraw any method of entry, without notice, and select Prize winners from all entries received for the Sweepstakes prior to or after the cancellation, modification, suspension or withdrawal. As used herein, an event of force majeure shall be deemed to include, without limitation, an act of God; an act of terrorism, war, riot or civil commotion, fire, casualties, equipment failure, boycott; labor dispute, strike or stoppage (including a strike by the members of any union), labor or material shortage, transportation interruption of any kind, an act, regulation, order or request of or by any federal, state or local authority or quasi-governmental entity (whether or not the act, regulation, order or request proves to be invalid); or any other similar or dissimilar act beyond the Sponsor’s control.
GENERAL CONDITIONS OF ENTRY:
All Entrants, as a condition of entry, agree that they have not purchased any kind of Internet service whatsoever in order to participate in and/or enter the Sweepstakes. Entrants agree not to knowingly damage or cause interruption of the Sweepstakes and/or prevent others from utilizing the Sweepstakes.
CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE OR WIRELESS SERVICE OR WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES OR CAMPAIGN VIOLATES CRIMINAL AND/OR CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, SPONSOR AND/OR SWEEPSTAKES ADMINISTERING AGENCY MAY, AT THEIR SOLE AND REASONABLE DISCRETION, DISQUALIFY ANY AND ALL ENTRANTS MAKING SUCH ATTEMPT AND SPONSOR MAY SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION. SPONSOR’S FAILURE TO ENFORCE ANY TERM OF THESE OFFICIAL RULES SHALL NOT CONSTITUTE A WAIVER OF THAT OR ANY OTHER PROVISION.
GOVERNING LAW:
The parties agree that the Sweepstakes and these Official Rules will be governed, construed and interpreted under the laws of the 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 the State of California.
DISPUTE RESOLUTION:
The parties each agree to finally settle all disputes only through arbitration; provided, however, the Sponsor shall be entitled to seek injunctive or equitable relief in the state and federal courts in Los Angeles County, California 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 Los Angeles, California. The federal or state law that applies to these Official Rules will also 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 doesn’t apply and the dispute must be brought in a court of competent jurisdiction in Los Angeles 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 Canada, with respect to Quebec residents, any litigation respecting the conduct or organization of a publicity contest may be submitted to the Régie des alcools, des courses et des jeux for a ruling. Any litigation respecting the awarding of a Prize may be submitted to the Régie only for the purpose of helping the parties reach a settlement.
LIMITATION OF LIABILITY:
BY ENTERING THE SWEEPSTAKES, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; AND (C) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
MISCELLANEOUS:
The invalidity or unenforceability of any provision of these Official Rules or the Certificate/Release will not affect the validity or enforceability of any other provision. In the event that any provision of the Official Rules or the Certificate/Release is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision. Entrants agree to waive any rights to claim ambiguity of these Official Rules. Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes-related materials, privacy policy or terms of use on any website and/or the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control and the discrepancy will be resolved in Administrator’s sole and absolute discretion.
NAMES OF SWEEPSTAKES WINNERS:
To receive the names of the winners, send a self-addressed, stamped envelope (excluding residents of VT) to: “Sweepstakes Winners List”, $200 Walmart Gift Card, c/o TAP Network, 340 S LEMON AVE #6858, WALNUT, CA 91789, UNITED STATES within 1 year of expiration of the Sweepstakes Period. Please indicate which Sweepstakes winners list you are requesting by referencing the name of the Sweepstakes in your request.
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