Scratchy App Giveaway Official Rules
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
Eligibility: The Scratchy App Giveaway (the "Giveaway") is open to legal residents of the United States who at the time of entry are at least eighteen (18) years of age and the age of majority in their jurisdiction of residence and have an Internet connection or mobile phone. Employees of the Sponsor (as defined below) and its affiliates, Giveaway promotors and prize administrators and members of their immediate families are not eligible to participate or win. The Giveaway is subject to all applicable federal, state and local laws, rules and regulations and is void where prohibited, and you can only participate in the Giveaway if it is legal for you to do so as determined by the laws of the state and/or territory in which you live and access the Giveaway. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters relating to the Giveaway. Winning a prize is contingent upon fulfilling all requirements set forth in these Official Rules.
Timeline/Period: The Scratchy 06/29/2016 Giveaway begins on 06/29/2016 at 05:00:01 am Pacific Time ("PT") and ends on 12/31/2016 at 11:59:59 pm EDT (the "Giveaway Period").
Prize: There will be 10000 prizes awarded. Winner[s] will receive one of the following prizes:
E-Gift Cards $1; $2, $3, $4, $5, $6, $7, $8, $9, $10; $15, $20; $25, $30, $35, $40, $45, $50;
Total Approximate Retail Value ("ARV") of All Prizes: [$18,000]. Prize[s is/are] non-transferable and no substitution will be made except at the Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize for one of equal or greater value. Winner[s] will be responsible for all income or similar taxes and fees associated with prize receipt.
Odds: Odds of winning depend on the number and order of eligible plays.
How to Participate: To enter the Giveaway, download and access the Scratchy App (the "App") on your computer or mobile phone. The App allows you to scratch the screen of the device from which you access the App in hopes of earning rewards, including for some of your favorite brands. See www.scratchy.com for directions to how to access and use the App. There is no cost to download the App, register an account, or play the game. Each time you complete play of a "virtual scratch card" or the described game play, you will be eligible to win a prize. The number of prizes available to be won will decrease during the Giveaway Period as prizes are awarded and claimed. If your screen displays a non-prize-winning message, you are not a winner of the prize. You will be notified immediately if you have won a prize. To claim your prize, you must follow the instructions in your notification or by clicking on the "Claim Prize" button and following instructions. Failure to timely and properly claim any prize may result in forfeiture. The prize is seeded at a randomly selected time during the Giveaway Period, and is awarded to the entrant who completes a play in accordance with these Official Rules (whose play is properly received and recorded by Sponsor's computer on or after a randomly selected time during the Giveaway Period) and receives a prize-winning message will win a prize (subject to verification). All plays must be received and recorded during the Giveaway Period to be eligible. An entrant is not a winner of the prize, even if a winning prize message or any other aspect of the Giveaway should so indicate, unless and until the entrant’s eligibility and the potential winning claim have been verified. Sponsor will not accept screen shots or other evidence of winning in lieu of the validation process.
Use of any automated system to participate is prohibited and may result in disqualification, in Sponsor’s discretion. Potential winner may be required to show proof of identify. In the event of a dispute as to the identity of entrant, Sponsor shall make the determination in its sole discretion.
Receiving a prize is contingent upon compliance with these Official Rules. Potential winner is subject to verification and may be required to fully complete, sign and timely return an unaltered Affidavit of Eligibility/Liability Release provided by Sponsor, and, where lawful, an unaltered Publicity Release within seven (7) days of prize notification. If potential winner is found not to be eligible or not in compliance with these Official Rules, if attempted notification or any prize is returned as undeliverable, if any required documents are not returned within the required number of days, if a winner cannot be verified, or if a winner is otherwise unable or unwilling to accept and claim the prize as stated, then that prize may be forfeited. Sponsor may provide the winners with a W-9 which winner must complete and return to Sponsor for tax reporting purposes or prize may be forfeited, in Sponsor’s sole discretion. Winners may be issued an IRS 1099 form.
Release: By receipt of any prize, winner agrees to release and hold harmless Sponsor, and its direct and indirect subsidiaries, suppliers, distributors, advertising/promotion agencies, and prize suppliers (if any), and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the "Released Parties") from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Giveaway or receipt or use or misuse of any prize.
Publicity: Except where prohibited, participation in the Giveaway constitutes an entrant’s or winner’s consent to Sponsor’s and its agents’ use of entrant’s or winner’s name, likeness, photograph, voice, opinions and/or hometown, and state submitted for promotional purposes in any media now known or hereinafter developed, worldwide, without further payment or consideration. Winner’s name and likeness may be published on Sponsor website, in Sponsor’s sole discretion.
General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Giveaway, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Giveaway, as determined by Sponsor in its sole discretion. Sponsor reserves the right, in its sole discretion, to disqualify any individual it believes to be tampering with the entry process or the operation of the Giveaway or to be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Giveaway may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
Limitations of Liability: The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, errors or by any of the equipment or programming associated with or utilized in the Giveaway; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Giveaway; (4) technical or human error which may occur in the administration of the Giveaway or the processing of entries; (5) late, lost, undeliverable, damaged or stolen communications; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Giveaway or receipt or use or misuse of any prize or any item redeemed in connection therewith. If for any reason an entrant's play is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another Giveaway play, if it is possible. If, for any reason, the Giveaway is not capable of running as planned by reason of infection by computer virus, worms, bugs, tampering, hacking, unauthorized intervention, fraud, technical failures or any other causes which, in the sole opinion of the Sponsor, corrupt or affect the administration, security, fairness, integrity or proper conduct of this Giveaway, Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify or suspend the Giveaway and randomly determine winner from eligible, non-suspect plays received prior to action taken, or as otherwise deemed fair and equitable by Sponsor. If due to a computer programming, production, technical, seeding, or other error or reason, more prizes are claimed than intended to be awarded according to these Official Rules, the prize will either be, in Sponsor’s sole discretion, awarded randomly, or not awarded at all. No more than the stated number of prizes will be awarded.
Governing Law and Disputes: THE FORUM AND VENUE FOR ANY DISPUTE ARISING OUT OF OR RELATING TO THESE TERMS AND OFFICIAL RULES SHALL BE IN THE COUNTY OF MANHATTAN, NEW YORK. THE OFFICIAL RULES AND THE GIVEAWAY ARE SUBJECT TO ALL APPLICABLE FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS. ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION ADN ENFORCEABILITY OF THE GIVEAWAY OFFICIAL RULES, OR THE RIGHTS AND OBLIGATIONS OF ENTRANT AND SPONSOR IN CONNECTION WITH TEH GIVEAWAY, SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW YORK, U.S.A., WITHOUT GIVING EFFECT TO TEH CONFLICT OF LAWS RULES THEREOF. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC., IN ACCORDANCE WITH ITS STREAMLINED ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF ("JAMS RULES"). THE JAMS RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN NEW YORK. ANY SUCH CONTROVERSY OR CLAIM WILL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND WILL NOT BE CONSOLIDATED IN ANY ARBITRATION WITH ANY CLAIM OR CONTROVERSY OF ANY OTHER PARTY. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN THE COUNTY OF MANHATTAN, NEW YORK. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING ATTORNEY"S FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE ENTRANT’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS GIVEAWAY IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.
BY PARTICIPATING IN THE GIVEAWAY, EACH ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE GIVEAWAY, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE; (3) 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), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANT'S 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 EVERY ENTRANT.
Sponsor: Scratch App Inc., 282 Grand Street, New York, NY 10002.
Winners List: For a winners list, visit http://www.scratchy.com/gor.html The winners list will be posted after winner confirmation and verification are complete.