THE PENNY HOARDER
LIVE PROGRAMMING SURVEY SWEEPSTAKES (“SWEEPSTAKES”)
NO PURCHASE NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES.
ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ENTRIES RECEIVED FOR THE SWEEPSTAKES PERIOD.
VOID WHERE PROHIBITED BY LAW.
A VERIFICATION OF ELIGIBILITY, LIABILITY RELEASE AND PUBLICITY RELEASE MAY BE REQUIRED.
ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.
ONLINE ENTRY ONLY AND INTERNET CONNECTION AND EMAIL ADDRESS REQUIRED.
THIS SWEEPSTAKES AND ASSOCIATED PRIZES ARE SPONSORED BY TAYLOR MEDIA CORP., D/B/A THE PENNY HOARDER, WHICH OPERATES WWW.THEPENNYHOARDER.COM (“Sponsor” or “The Penny Hoarder” or “Penny Hoarder”).
THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED, ADMINISTERED BY, OR ASSOCIATED WITH FACEBOOK, INC. (“Facebook”), AMAZON.COM, INC. (“Amazon”), WIDGIX, LLC D/B/A SURVEYGIZMO (“SurveyGizmo”), UNITED INTERACTIVE S.R.O. (“United Interactive”) OR UNITED INTERACTIVE’S “RANDOMPICKER” TOOL (found at Randompicker.com) (hereinafter referred to as the “RandomPicker”).
BY ENTERING (OR OTHERWISE PARTICIPATING IN) THE SWEEPSTAKES, ENTRANTS AGREE TO THESE OFFICIAL RULES, WHICH ARE A BINDING CONTRACT: READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE SWEEPSTAKES ENTITIES, AS DEFINED BELOW, FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
MUST BE 18 YEARS OF AGE OR OLDER TO ENTER (OR THE AGE OF MAJORITY IN YOUR STATE OF CITIZENSHIP, WHICHEVER IS OLDER).
Sweepstakes Description. The Penny Hoarder is looking to create unique shows that fulfill our company’s mission of putting money in our readers’ pockets. We currently see about 25 million pageviews a month and this is a big part of our growth strategy. We’ve created a survey (“Survey”) that we will be sending out to some of our subscribers and making available via Facebook that will help us develop live broadcasts that bring our stories to life; and if you help us by taking the Survey, we’d like to help you too! If you complete the Survey and are otherwise eligible, you’ll be entered for a chance to win a $250 Amazon gift card!
1. Eligibility. The Sweepstakes is open only to individuals (not groups) who are legal residents and physically located in one (1) of the fifty (50) states in the United States or the District of Columbia and who are at least eighteen (18) years of age (or the age of majority in his or her state of citizenship, whichever is older) as of the date of entry. Employees, representatives, agents, officers and directors of The Penny Hoarder, any parent companies, and each of their respective affiliates, subsidiaries, advertising and promotion agencies, distributors, sponsors, and other prize suppliers (collectively, the “Sweepstakes Entities”), and each of such employees’, representatives’, agents’, officers’ and/or directors’ immediate family members and/or those living in the same household (whether legally related or not) are not eligible to enter the Sweepstakes or win a prize. For purposes of this Sweepstakes, immediate family members are defined as spouse, partner, parents, legal guardians, in-laws, grandparents, siblings, children and grandchildren, and those 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. Void where prohibited by law. In addition, you are not eligible to participate or win a prize in this Sweepstakes if you have been involved in the development, production, implementation, and distribution of this Sweepstakes. By participating in the Sweepstakes, each entrant unconditionally accepts and agrees to comply with and abide by these “Official Rules” and the decisions of The Penny Hoarder, including the interpretation of these Official Rules and its exercise of discretion, which will be final and binding in all respects.
2. Sweepstakes Period and Entry Periods. The Sweepstakes begins when The Penny Hoarder sends out an email announcing the Sweepstakes on Tuesday, June 27, 2017, and ends at 11:59:59 pm Eastern Standard Time (“EST”) on July 5, 2017 (the “Sweepstakes Period”). All entries must be received by 11:59:59 pm EST on July 5, 2017, to be entered.
3. How to Enter. There are two (2) methods of entry for this Sweepstakes, as follows:
4. Winner Selection and Prize Claiming.
5. Odds. Odds of winning will depend upon the total number of eligible entries received.
6. Prizes and Values. One (1) winner of this Sweepstakes will be awarded a $250.00 Amazon gift card, with an approximate retail value (“ARV”) of $250.00. Prizes will be delivered to the winner or winners as soon as reasonably practicable, as determined by The Penny Hoarder in its sole and absolute discretion. Prizes are non-transferable, with no cash redemptions, equivalents or substitutions except at The Penny Hoarder’s sole and absolute discretion. All prize details not specified in these Official Rules will be determined in The Penny Hoarder’s sole and absolute discretion. Prize details and availability are subject to change and prize provider’s rules and restrictions. In the event that The Penny Hoarder is unable to provide the winner with his or her prize, The Penny Hoarder may elect to provide winner with the approximate value of such item in cash or award an alternate prize of comparable or greater value. In the event a participant or prize winner engages in behavior that (as determined by The Penny Hoarder in its sole and absolute discretion) is obnoxious, inappropriate, or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, The Penny Hoarder reserves the right to cancel the Sweepstakes for that participant or winner, and/or not award any prize to that participant or winner, if applicable. All prizes are awarded “AS IS” and without warranty of any kind, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose). Prizewinners will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the prize they receive, regardless of whether they, in whole or in part, are used. The ARV of the prizes is based on available information provided to The Penny Hoarder, and the value of any prize awarded to a winner may be reported for tax purposes as required by law. Unclaimed prizes will be forfeited. The Penny Hoarder is not responsible for and will not replace any lost, mutilated, or stolen prizes or any prize that is undeliverable or does not reach the winner because of an incorrect or changed address. If the winner does not accept or use the entire prize, the unaccepted or unused part of the prize will be forfeited and The Penny Hoarder will have no further obligation with respect to that prize or portion of the prize. No more than the stated prizes will be awarded. The winner is strictly prohibited from selling, auctioning, trading or otherwise transferring any part of the prize. The Penny Hoarder is not responsible for and winner will not receive the difference, if any, between the actual value of the prizes at the time of award and the stated ARV in these Official Rules or in any Sweepstakes-related correspondence or material. A prize will only be mailed to a verified winner’s physical mailing address (no P.O. Boxes) in one (1) of the fifty (50) United States or the District of Columbia, except in The Penny Hoarder’s sole and absolute discretion.
7. Publicity Release. Subject to applicable law, entrant irrevocably grants to The Penny Hoarder, and those acting with its authority, the unrestricted, absolute, perpetual, worldwide right and license to use entrant’s name, address (city and state), photograph, likeness, voice, biographical and personal background information, comments, statements, and Sweepstakes entry including both winner’s written and video submissions, if any, and, without limitation, any notes, photograph, film, or video or audio tape that may be taken of entrant, provided by entrant, or of such materials (the foregoing, collectively, the “Content”), without further compensation, consideration, or notice to entrant or to any third party, and to reproduce, copy, modify, create derivative works of, display, perform, exhibit, distribute, transmit or broadcast, publicly or otherwise, or otherwise use and permit to be used the Content or any part thereof, whether alone or in combination with other materials (including but not limited to text, data, images, photographs, illustrations, and graphics, video or audio segments of any nature), in any media or embodiment now known or hereafter developed (including but not limited to any format of any computer-based, internet-based, electronic, magnetic, digital, laser or optical-based media), in connection with any advertising, promotion, publicity, trade, Sweepstakes or promotions, activities, or materials (now known or hereafter developed) in perpetuity. Entrant acknowledges and agree that he or she shall have no right of approval, no claim to any compensation, and no claim arising out of the use, alteration, or distortion of my name, address, photograph or likeness. Entrants agree not to issue any publicity concerning the Sweepstakes Entities.
8. Tampering with Sweepstakes. The Sweepstakes Entities are not responsible for the actions of entrants in connection with the Sweepstakes, including entrants’ attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity, or proper conduct of the Sweepstakes. Persons found tampering with or abusing any aspect of this Sweepstakes, or whom The Penny Hoarder believes to be causing malfunction, error, disruption, or damage may be disqualified. Additionally, any attempt to cheat the Sweepstakes, as determined at the sole and absolute discretion of The Penny Hoarder, may result in immediate disqualification of the entrant, as well as other possible consequences, including disqualification from any and all existing and future sweepstakes hosted or sponsored by The Penny Hoarder. ANY ATTEMPT BY A PERSON TO DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK ALL LEGAL AND EQUITABLE REMEDIES FROM AND AGAINST ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. The Penny Hoarder reserves the right, at its sole and absolute discretion, to disqualify (or terminate the prize of) any individual who is found to be, or suspected of, acting in violation of these Official Rules, or to be acting in an unsportsmanlike, obscene, immoral or disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person.
9. Suspension / Modification / Termination. In the event The Penny Hoarder is prevented from continuing with the Sweepstakes by any event beyond its control, including, but not limited to, fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, communications or equipment failure, utility or service interruptions, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared), interference with the Sweepstakes by any party, or any federal, state or local government law, order, or regulation, order of any court or jurisdiction, or other cause not reasonably within The Penny Hoarder’s control (each a “Force Majeure” event or occurrence), The Penny Hoarder shall have the right to modify, suspend or terminate the Sweepstakes or prize. The Penny Hoarder additionally reserves the right, in its sole and absolute discretion: (a) to modify, suspend or terminate the Sweepstakes should causes beyond The Penny Hoarder’s control corrupt or interfere with the administration, integrity, operation, security or proper play of then Sweepstakes; or (b) to disqualify any entrant found to be, or suspected of: (i) tampering with the entry process or the operation of the Sweepstakes; (ii) acting in violation of these Official Rules; or (iii) acting in an un-sportsmanlike manner.
10. Waivers, Disclaimers and Releases. By participating in the Sweepstakes, entrant agrees to release, discharge and hold harmless the Sweepstakes Entities, Facebook, and each of their respective affiliates, directors, officers, employees, agents, successors and assigns (“Released Parties”) from and against any and all claims, liability, costs, losses, damages or injuries of any kind arising out of or related to entrant’s participation in the Sweepstakes and/or related to any prize (including, without limitation, losses, damages or injuries to entrant’s or any other person’s equipment or other property, or to their persons, related to participation in the Sweepstakes; or arising out of any violation of rights of publicity or privacy, or claims of defamation or portrayal in a false light; or based on any claim of infringement of intellectual property; or from any typographical, human or other error in the printing, offering, selection, operation or announcement of any Sweepstakes activity and/or prize). Without limiting the generality of the foregoing, entrant agrees that the Released Parties: (a) have neither made nor will be in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, in connection with the Sweepstakes and/or with respect to prizes, including, without limitation, to any prize’s quality or fitness for a particular purpose; (b) maintain no control over the personnel, equipment or operation of any air, water or surface carrier, ship line, bus or limousine company, transportation company, hotel, manufacturer or other person or entity furnishing services, products or accommodations (“Suppliers”) as a part of the prizes provided in connection with the Sweepstakes; and (c) will not be responsible or liable for any injury, damage, loss, expense, accident, delay, inconvenience or other irregularity that may be caused or contributed to: (i) by the wrongful, negligent or unauthorized act or omission on the part of the Suppliers or any of their agents, servants, employees or independent contractors, (ii) by any defect in or failure of any vehicle, equipment, instrumentality, service or product that is owned, operated, furnished or otherwise used by any of those Suppliers, (iii) by the wrongful, negligent or unauthorized act or omission on the part of any other person or entity not an employee of the Released Parties, and (iv) by any cause, condition or event whatsoever beyond the control of the Released Parties. Entrants agree that the Released Parties shall have no responsibility or liability for discontinued prizes; human error; incorrect or inaccurate transcription of registration and/or account information; any technical malfunctions of a prize or of the telephone network, computer online system, computer dating mechanism, computer equipment, software, or Internet service provider utilized by The Penny Hoarder; interruption or inability to access the Internet, or The Penny Hoarder, or affiliated entities’ respective websites, or any online service via the Internet due to hardware or software compatibility problems; any damage to participant’s (or any third person’s) computer and/or its contents related to or resulting from any part of the Sweepstakes; any lost/delayed data transmissions, omissions, interruptions, viruses, bugs, defects; and/or any other errors or malfunctions, even if caused by the negligence of the Released Parties. Each entrant further agrees to indemnify and hold harmless the Released Parties from and against any and all liability resulting or arising from the Sweepstakes and to release all rights to bring any claim, action or proceeding against the Released Parties and hereby acknowledges that the Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to a prize, including express warranties provided exclusively by Suppliers that may be sent along with a prize; this release covers, without limitation, any damage, liability, costs, attorneys’ fees and expenses whatsoever arising directly or indirectly out of the Sweepstakes or my acceptance, use, misuse, utilization, omission or possession of any prize that may be awarded to me in the Sweepstakes, and also includes, without limitation, claims based on personal injury, death, loss of enjoyment, property damage, any claims based on publicity rights, privacy rights, personality rights, “Moral rights,” defamation and any and all taxes levied, assessed or collected or other harm or loss of any nature. The Released Parties are not responsible for the actions of entrants in connection with the Sweepstakes, including entrants’ attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Sweepstakes. The Released Parties are not responsible for any changes or unavailability of any platform (including, without limitation, any email provider or Facebook) that may interfere with the Sweepstakes (including any limitations, any restrictions, or any conditions on The Penny Hoarder’s ability to use said platform for the Sweepstakes as set forth herein) or the ability of entrant to timely enter, receive notices or communicate with The Penny Hoarder via said platform, in which case The Penny Hoarder, in its sole discretion, may terminate or modify the Sweepstakes. Entrants further understand and agree that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived. Entrants acknowledge that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.
11. Entry Information and Sweepstakes Communications. As a condition of entering the Sweepstakes, each entrant gives consent for The Penny Hoarder to obtain and deliver his or her name, address and other information to third parties and post it on Facebook.com and www.thepennyhoarder.com, including for the purpose of advertising and administering this Sweepstakes and to comply with applicable laws, regulations and rules. Any information entrant provides to The Penny Hoarder may be used to communicate with entrant in relation to this Sweepstakes or on a Sweepstakes winner’s list. The Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Facebook, Amazon, SurveyGizmo, United Interactive or RandomPicker.
12. Governing Law; Limitation of Liability. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of entrants, The Penny Hoarder, or the Released Parties in connection with the Sweepstakes will be governed by and construed in accordance with the internal laws of the State of Florida, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s laws.
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; (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; AND (D) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
13. Dispute Resolution. The parties each agree to finally settle all disputes only through arbitration; provided, however, The Penny Hoarder shall be entitled to seek injunctive or equitable relief in the state or federal courts in Pinellas County, Florida, 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 impartial arbitrator pursuant to proceedings 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 St. Petersburg, Florida; provided, however, if the location is not convenient for the hearing, the parties may mutually agree on an alternative location. 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 does not apply and the dispute must be brought in a court of competent jurisdiction in Pinellas County, Florida. The Penny Hoarder will not be responsible for paying any fees associated with an entrant’s travel or other costs incurred to attend an arbitration hearing Either party may, notwithstanding this provision, bring qualifying claims in small claims court.
14. List of Sweepstakes Winners/Official Rules Requests. To receive a list of the winner(s), send an e-mail to firstname.lastname@example.org or a stamped self-addressed envelope to: “Sweepstakes Winners List,” Taylor Media Corp. d/b/a The Penny Hoarder, 300 1st Avenue S., Ste. 400 St. Petersburg, FL 33701 within sixty (60) days of expiration of the Sweepstakes Period. Please indicate which Sweepstakes winners list you are requesting by referencing the name of the Sweepstakes and the expiration of Sweepstakes Period in your request. For a copy of these Official Rules, send an email requesting same to email@example.com or a legal-size, self-addressed, stamped envelope to: “Sweepstakes Official Rules,” Taylor Media Corp. d/b/a The Penny Hoarder, 300 1st Avenue S., Ste. 400, St. Petersburg, FL 33701 prior to the end of the Sweepstakes Period. Please indicate which Sweepstakes Official Rules you are requesting by referencing the name of the Sweepstakes in your request. Vermont residents may omit return postage with Official Rules requests.
16. Sponsor. This Sweepstakes is sponsored by Taylor Media Corp., d/b/a The Penny Hoarder
END OF OFFICIAL RULES