The Points Guy Sweepstakes: Official Rules
No Purchase Necessary to Enter or Win
Open Only to Legal United States Residents
Void in Rhode Island, Puerto Rico and Where Prohibited by Law
SWEEPSTAKES SERIES: For the avoidance of doubt, these Official Rules are with respect to a series of sweepstakes. The term “Promotion” (as defined below) shall refer to each individual sweepstakes in such series, individually, and not to such series as a whole. Each Promotion will be a separate sweepstakes. In no event shall any Promotion (or any Prize offered with respect to such Promotion) be aggregated with any other Promotion (or any Prize offered with respect to such Promotion), nor shall any Promotion contemplated by these Official Rules otherwise be considered to not be a distinct sweepstakes.
PRIZE: Subject to the provisions of these Official Rules, during the Promotion Period with respect to each sweepstakes conducted, The Points Guy (“TPG”) will award one or more prizes with respect to each Promotion (each, a “Prize”) to the number of winners (each, a “Winner”) set forth with respect to each such promotion. THE TOTAL MAXIMUM VALUE OF THE PRIZE(S) WITH RESPECT TO EACH PROMOTION WILL NOT EXCEED APPROXIMATELY $5,000.
ENTRY PERIOD: Each Promotion will begin on the dates and times set forth, with respect to such Promotion, on the ThePointsGuy.com (the “Promotion Period”).
HOW TO ENTER: Subject to the “Conditions of Entry” below, you may enter each Promotion by following the instructions that are posted to on www.thepointsguy.com (the “Promotion Facebook Page”) during the Promotion Period with respect to such Promotion.
If you need an email account, free email services are available, such as at gmail.com and hotmail.com. If you need Internet access, visit your local library, or you can obtain free Internet access through a provider such as NetZero.
CONDITIONS OF ENTRY: No purchase is necessary to enter any Promotion or to win any Prize. Each Promotion is open only to natural persons who (i) are legal United States residents (except for residents of Rhode Island, Puerto Rico or any other jurisdiction in which such natural person would be prohibited by law from entering such Promotion), (ii) are eighteen (18) years of age or older or have reached the age required by their state or territory of residence to be reached in order to enter a sweepstakes, if such age is greater than eighteen (18) years of age and (iii) have agreed to these Official Rules. Employees and/or agents of TPG (and/or its affiliates, parent entities, subsidiaries and/or divisions) and of agents of TPG (and/or their respective affiliates, parent entities, subsidiaries and/or divisions) and their respective affiliates, parent organizations, subsidiaries, divisions, trade partners, advertising and promotion agencies and associated marketing firms and other vendors, and the respective immediate families of such employees, including, without limitation, household members of such employees, are not eligible to participate in any Promotion. TPG reserves the right to verify eligibility qualifications of each Winner.
Any use of robotic, mechanical, automatic, programmed or like methods of participation will void each entry made by such methods. Notwithstanding anything to the contrary in these Official Rules, each person may enter each Promotion only as many times as is indicated, with respect to each method of entry with respect to such Promotion. In the event that a person attempts to submit entries with respect to any Promotion that are in addition to the number of entries so permitted to be submitted by such person with respect to such Promotion, all of that person’s entries will be deemed void. Any attempted form of entry into any Promotion other than as described in these Official Rules, and any incomplete entry, is void. Entries that are in violation of these Official Rules will be disqualified. Should TPG suspect or determine actual or attempted (i) fraud, tampering, or impairment or disruption of the administration, security, fairness or proper play of any Promotion, or (ii) violation of these Official Rules, TPG reserves the right, in its sole discretion, to void any and all entries of an entrant, or suspend or prohibit the participation of any person, who TPG determines, in its sole discretion, is responsible or otherwise involved with such acts.
ANY ATTEMPT BY ANY INDIVIDUAL(S) TO DELIBERATELY DAMAGE ANY WEB SITE AND/OR DAMAGE AND/OR UNDERMINE THE LEGITIMATE OPERATION OF ANY PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, TPG RESERVES THE RIGHT, EITHER DIRECTLY OR THROUGH ANY OF ITS PARENT ENTITIES, SUBSIDIARIES AND/OR AFFILIATES TO COOPERATE IN THE PROSECUTION OF ANY SUCH INDIVIDUAL(S) AND/OR TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL(S) TO THE FULLEST EXTENT OF THE LAW.
ODDS OF WINNING: Odds of winning with respect to each Promotion will vary depending on the number of eligible entries received with respect to such Promotion.
CONSENT TO PUBLICITY AND USE: Except where prohibited by law, each entrant, by acceptance of any Prize with respect to any Promotion, grants to TPG and its parent entities, subsidiaries, affiliates and assigns the absolute and worldwide right, license and permission and consent to use, in any manner or media whatsoever, such entrant’s name, voice, photograph (including on web pages maintained by TPG and/or any of its parent entities, subsidiaries and/or affiliates), biographical information (including, without limitation, hometown and state), email address and/or likeness for any promotional and/or publicity purposes.
SELECTION AND NOTIFICATION OF WINNERS: Subject to these Official Rules, the winning entry with respect to each Promotion will be selected at random, within fifteen (15) days following the end of the Promotion Period with respect to such Promotion, from among all entries received by TPG during the Promotion Period with respect to such Promotion and submitted in accordance with these Official Rules, including, without limitation, the “How to Enter” section of these Official Rules. The Winner(s) with respect to each Promotion will be the entrant who submitted the winning entry with respect to such Promotion.
THE WINNER(S) WITH RESPECT TO EACH PROMOTION WILL NOT BE REQUIRED TO BE PRESENT AT THE TIME OF THE SELECTION DRAWING WITH RESPECT TO SUCH PROMOTION.
On or about forty-eight (48) hours after the determination of the Winner(s) with respect to each Promotion, such Winner(s) will be notified by email or telephone. Each Winner with respect to each Promotion must claim the applicable Prize with respect to such Promotion within seven (7) days after the date of TPG’s first notification attempt, which shall be the first date notification is sent if by email or the first date a call is placed to such Winner, if by telephone. Each Winner with respect to each Promotion must claim the applicable Prize with respect to such Promotion in the manner indicated in TPG notification of such Winner. For the avoidance of doubt, each Winner with respect to each Promotion must continue to comply with these Official Rules.
If any Winner with respect to any Promotion fails to claim the applicable Prize with respect to such Promotion within the seven (7) day period of time, is found to be ineligible, fails to comply with these Official Rules or fails to meet the requirements of these Official Rules, such Winner will be disqualified and an alternate Winner, selected randomly from the remaining eligible entries, will be contacted. TPG’s decisions with respect to any Winner and other matters pertaining to any Promotion shall be final.
Any Prize awarded in connection with any Promotion may, at TPG’s sole discretion, be awarded and/or fulfilled by a third party (that is, by a party other than TPG). In the event that any such third party has any requirements, in addition to the requirements set forth in these Official Rules, in connection with the Winner of any such Prize claiming such Prize, then the applicable Winner’s eligibility to win such Prize shall also be subject to such additional requirements, in addition to the requirements set forth in these Official Rules.
REQUIREMENTS OF THE WINNER: Each Winner will be required to sign an Affidavit of Eligibility and Release of Liability for Participation, Publicity and Use (an “Affidavit”) as a part of determining such Winner’s eligibility to win the applicable Prize and, prior to, and as a condition of, such Winner’s acceptance and use of such Prize. If any Winner’s Affidavit and all other documents required by TPG, in its sole discretion, are not completed as specified, are not received by TPG within seven (7) days of TPG’s notification of such Winner, or if, after TPG’s receipt of an Affidavit from any such Winner, such Winner is found to be an ineligible entrant, such Winner’s entry will be disqualified and an alternative potential Winner, randomly selected from the remaining eligible entries from among all remaining eligible entries, will be contacted.
TO RECEIVE WINNER(S) NAME(S) OR OFFICIAL RULES: To request the name of the Winner(s) with respect to a particular Promotion or a copy of these Official Rules, mail your request, along with a self-addressed stamped envelope (residents of Washington state and Vermont need not include postage) to: The Points Guy Weekly Giveaway Sweepstakes Series, Attention: The Points Guy, 251 Park Ave South, 6th Floor NY NY 10010. Please specify whether you are requesting the name(s) of the Winner(s) with respect to a particular Promotion or a copy of these Official Rules. Requests for the name of the Winner(s) with respect to a particular Promotion must indicate the Promotion with respect to which the name of the Winner(s) is or are being requested and must be received by TPG at the address above during the time period that begins on the tenth (10th) business day following the end of the Promotion Period with respect to the applicable Promotion and ends of the twentieth (20th) business day following the end of the Promotion Period with respect to the applicable Promotion. Requests for a copy of these Official Rules received more than ninety (90) days after the end of the Promotion Period of the last Promotion conducted under these Official Rules will not be honored.
SPONSOR: TPG is the sponsor of each Promotion.
NONE OF FACEBOOK, GOOGLE, PINTEREST NOR TWITTER IS A SPONSOR: Each Promotion is in no way sponsored by, endorsed by, administered by or associated with Facebook Inc. (“Facebook”), Google Inc. (“Google”), Pinterest, Inc. (“Pinterest”) or Twitter, Inc. (“Twitter”).
GENERAL PROVISIONS: Florida law governs each Promotion. Void where prohibited. TPG reserves the right to cancel or modify any Promotion if fraud, misconduct or technical failure, or any other factor beyond TPG’s reasonable control impairs the integrity of any Promotion, as determined by TPG, in its sole discretion, or if a computer virus, bug or other technical problem corrupts the administration or security of any Promotion, as determined by TPG, in its sole discretion. In the event that TPG cancels or modifies any Promotion, TPG will post to the Promotion Facebook Page notice that such Promotion has been cancelled or modified. In such event, TPG reserves the right to award the Prize(s) with respect to such Promotion at random from among any eligible entries received up to the time of the impairment, or in any other method selected by TPG, in its sole discretion. TPG reserves the right in, its sole discretion, to change the dates of the Promotion Period with respect to any Promotion, with or without notice, in the event of technical failure, or for any other reason. EACH WINNER IS SUBJECT TO VERIFICATION BY TPG. TPG’S DECISION IS FINAL AND BINDING IN ALL MATTERS RELATED TO EACH PROMOTION. AN ENTRANT IS NOT A WINNER UNLESS AND UNTIL THAT ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE. TPG’s failure to enforce any term of these Official Rules shall not constitute a waiver of TPG’s ability to enforce its rights under these Official Rules. Any taxes due on each Prize will be the sole responsibility of the Winner of such Prize. Each Prize is non-transferable, except in accordance with the laws of descent and distribution, and may not be substituted or redeemed for cash, except by TPG, which reserves the right to substitute, in the place of any Prize, another prize of comparable or greater value. Neither TPG nor any subsidiary or affiliate of TPG will enter into correspondence, including email, regarding any Promotion. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision of these Official Rules. In the event that any provision of these Official Rules is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and be construed in accordance with their terms as if the invalid or illegal provision were not contained within these Official Rules. The names of individuals, groups, companies, products and services mentioned in these Official Rules or in or on any promotional materials (including, without limitation, any web site) with respect to any Promotion, and any corresponding likenesses, logos and images thereof reproduced in these Official Rules or in or on any such promotional materials, have been used for identification purposes only and may be the copyrighted properties and trademarks of their respective owners. The mention of any individual, group or company or the inclusion of a product or service as any Prize, does not imply any association with or endorsement by such individual, group or company or the manufacturer or distributor of such product or service and, except as otherwise indicated, no association or endorsement is intended or should be inferred.
All expenses not specifically identified as being included in a Prize are the sole responsibility of the Winner of such Prize. All taxes, fees and surcharges related to any Prize, if any, are the sole responsibility of the Winner of such Prize. No Prize shall be used in connection with any other promotion or offer.
DISPUTES; LIMITATIONS OF LIABILITY: Each entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with each Promotion shall be resolved individually, without resort to any form of class action, and exclusively by the Federal or Florida state courts of record in Palm Beach County, Florida, (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the applicable Promotion, but in no event shall such costs include attorneys’ fees and (iii) under no circumstances will an entrant be permitted to obtain awards for, and, by entering any Promotion, each entrant waives all rights to claim, punitive, indirect, special, incidental and consequential damages and any other damages (other than for actual out-of-pocket expenses described in subsection (ii), above) and any and all rights to have damages multiplied or otherwise increased. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the APPLICABLE LANGUAGE IN CLAUSE iii OF THE IMMEDIATELY FOREGOING SENTENCE may not apply. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules and/or the rights and obligations of the entrant,TPG in connection with this Promotion, shall be governed by, and construed in accordance with, the laws of the State of Florida, without giving effect to any choice of law or conflict of law rules (whether of the State of Florida or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Florida. All Florida state and local laws and regulations apply.
INDEMNIFICATION AND RELEASE: Each entrant agrees to defend, indemnify and hold TPG, Facebook, Google, Pinterest, Twitter and their respective parent entities, subsidiaries, affiliates and divisions and their respective representatives, attorneys, assigns, agents and licensees and their respective affiliates, equity holders, officers, directors, managers, agents, co-branders, associated marketing firms, advertisers and sponsors or other partners and any of their employees (each, including, without limitation, TPG, Facebook, Google, Pinterest and Twitter, a “Released and Indemnified Party,” and collectively, including, without limitation, TPG, Facebook, Google, Pinterest and Twitter, the “Released and Indemnified Parties”), harmless from and against any and all rights, demands, losses, injuries, liabilities, damages, claims, causes of action, actions and suits of any kind whatsoever (no matter whether at law or equity), fees, costs and attorneys’ fees (including appellate level) whatsoever (each, a “Claim,” collectively, “Claims”), brought or asserted by any party against any of the Released and Indemnified Parties arising out of or in connection, directly or indirectly, with the entrant’s entry in any Promotion, participation in such Promotion, any Promotion, the Prize(s) with respect to such Promotion and/or use or misuse of such Prize(s).
By entering A Promotion, each entrant WITH RESPECT TO SUCH PROMOTION agrees to release, discharge and hold harmless each Released and Indemnified Party from and against all Claims arising out of or in connection with, indirectly or directly: (i) entry or participation in SUCH Promotion and/OR (ii) acceptance, use, or misuse of THE Prize(S) WITH RESPECT TO SUCH PROMOTION.
ADDITIONAL LIMITATIONS OF LIABILITY: TPG is not responsible for: (i) electronic, human, United States Postal Service, equipment programming or other errors, omissions, interruptions, defects or delays which may occur in the administration of any Promotion or the processing of any entry, any Prize(s) with respect to any Promotion, in the Official Rules, or in any other materials related to any Promotion, (ii) technical failures of any kind, including but not limited to, the malfunctioning of any electronic equipment, computer, internet, web site, network, hardware or software, any computer virus, bug or other technical problem, (iii) unauthorized human intervention in any part of the entry process or any Promotion, (iv) any entrant’s conduct in connection with any Promotion, (v) any printing, typographical, technical errors in any materials associated with any Promotion or any Prize(s) with respect to such Promotion, (vi) incorrect, inaccurate, late, lost, stolen, illegible, incomplete, or misdirected entries, or entries received through impermissible or illegitimate channels, or (vii) any death, injury or damage to persons or property, which may be caused, directly or indirectly, in whole or in part, from an entrant’s entry or participation in any Promotion or use or misuse of any Prize(s) with respect to any Promotion.