Effective Date: June 6, 2024
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. OPEN TO LEGAL RESIDENTS OF THE 50 UNITED STATES (EXCLUDING RHODE ISLAND) AND THE DISTRICT OF COLUMBIA WHO ARE AT LEAST 18 YEARS OF AGE AT THE TIME OF ENTRY. VOID WHERE PROHIBITED OR RESTRICTED BY LAW OR REGULATIONS. AFFIDAVIT OF ELIGIBILITY MAY BE REQUIRED. ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN CLASS ACTION FORMAT.
SPONSOR/PROMOTION DESCRIPTION: The sponsor of any Sweepstakes hosted on Crewfare® platforms (the “Sweepstakes”) is Crewfare® (the “Sponsor”), whose decisions are final and binding as to all aspects of this Sweepstakes.
BINDING AGREEMENT: These Official Rules (“Rules”) constitute a legally binding agreement by and between Sponsor and entrant (“Entrant(s)”) and govern entry in the Sweepstakes. By participating, Entrants fully and unconditionally agree to abide by these Rules.
ELIGIBILITY: The Sweepstakes is open only to persons who are legal residents of, and physically located within, the 50 United States (excluding Rhode Island) or the District of Columbia, and are at least 18 years of age or older at time of entry. Employees of Crewfare® and any other entities associated with the promotion, administration, prize support and advertisement of the Sweepstakes, and each of their respective licensees, parent companies, subsidiaries, affiliates, suppliers, advertising and promotional agencies, and immediate family members (herein defined as spouse, parents, siblings, and children and each of their respective spouses, regardless of residence, and any person living in such a person’s household, whether related or not) are not eligible to participate.
ENTRY PERIOD: The entry period for each Sweepstakes is specified by Sponsor at the time of promotion, in the Sponsor’s posts on Instagram, Facebook, Twitter and/or other social media platform announcing the Sweepstakes, and/or in Sponsor emails to Entrants announcing the Sweepstakes (collectively, the “Sweepstakes Promotion Communications”). For each Sweepstakes, the entry period set forth in the corresponding Sweepstakes Promotion Communications is incorporated by reference into these Rules. Sponsor’s computer is the official time-keeping device and Sponsor shall determine timeliness of entries on this basis.
HOW TO ENTER: Entry methods are specified by Sponsor for each Sweepstakes at the time of promotion, in the Sponsor’s Sweepstakes Promotion Communications. For each Sweepstakes, the entry method(s) set forth in the corresponding Sweepstakes Promotion Communications are incorporated by reference into these Rules. All entry methods are free and do not require any purchase or consideration. A purchase or payment of any kind will not increase an Entrant’s chances of winning.
WINNER SELECTION AND NOTIFICATION: After the entry period, the winner(s) will be randomly selected from all eligible entries received. The winners are considered potential winners pending verification of eligibility and compliance with these Rules. The potential winners will be contacted by the method specified in the Sweepstakes’ corresponding Sweepstakes Promotion Communications (email, Instagram, etc.) in order to verify eligibility and confirm as the winner(s). For each Sweepstakes, the method of contact set forth in the corresponding Sweepstakes Promotion Communications is incorporated by reference into these Rules. If Sponsor is unable to contact the potential winner(s) or if the potential winner(s) fail to comply with these Rules or applicable law, the potential winner’s prize is forfeited and an alternate winner may be selected. The prize(s) will be awarded within approximately fourteen (14) days after a potential winner is verified by Sponsor and all requirements in these Rules have been met, including the return of an executed Affidavit of Eligibility, if so required by Sponsor. In the event of a dispute over the identity of the winner, entries will be deemed made by the authorized account holder of the email address submitted at the time of entry. Sponsor will disqualify anyone suspected of entering by opening multiple accounts with different email addresses.
ODDS: Odds of winning each Sweepstakes vary, and will depend upon the total number of eligible entries received.
PRIZE AND THE APPROXIMATE RETAIL VALUE (“ARV”): The prize(s) and number of prize winners for each Sweepstakes will be specified by Sponsor at the time of promotion. For each Sweepstakes, the identification of the prize and number of prize winners that is set forth in the corresponding Sweepstakes Promotion Communications are incorporated by reference into these Rules. The total approximate retail value of all prizes will not exceed $5,000 per Sweepstakes. Sponsor is not responsible for and winner will not receive the difference, if any, between the actual value of a prize at the time of an award and the stated ARV in these Rules or in any Sweepstakes-related correspondence or materials. No transfer or substitution of prizes is permitted except at Sponsor’s sole and absolute discretion. All prize details not specified in these Rules will be determined in Sponsor’s sole and absolute discretion. Prize details and availability are subject to change and prize provider’s rules and restrictions, and in the event that Sponsor is unable to provide the winner with his/her prizes, the Sponsor may elect, to provide winners with the approximate value of such item in cash or award an alternate prize of comparable or greater value. 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). Prize winners will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the prizes 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 Sponsor and the value of any prize awarded to a winner may be reported for tax purposes as required by law. Each winner will be required to provide Sponsor with a valid social security number or tax identification number before the prizes will be awarded for tax reporting purposes. An IRS Form 1099 may be issued by Sponsor in the name of winners, for the actual value of the prizes received. Unclaimed prizes will be forfeited. Prizes, if legitimately claimed, will be awarded. No more than the stated number of prizes will be awarded. Sponsor makes no warranties or guarantees, express or implied, regarding any prize.
REPRESENTATIONS, WARRRANTIES AND INDEMNITY. Each Entrant represents and warrants that he or she has read, understands and will follow these Rules. Entrants agree to indemnify and hold the Released Parties (defined below) harmless from and against any third-party claim, to the extent arising out of or relating to any breach of any representation, warranty or covenant made by such entrant in connection with his or her acceptance of these Rules or Sweepstakes activities.
GRANT OF RIGHTS: By submitting an Entry you hereby irrevocably grant to Sponsor, its designees, affiliates, successors and assigns, the non-exclusive, irrevocable, fully paid, universal license to use, copy, sublicense, transmit, distribute, publicly perform, publish, delete or display all and any material that you submit to Sponsor in connection with your Entry into the Sweepstakes (the “Submission”) in any media now known or hereafter devised including but not limited to all forms of electronic media, print media, and all forms of interest and wireless protocol in perpetuity and throughout the universe for advertising, marketing, publicity and promotional purposes in connection with the Sweepstakes or other promotions. Sponsor shall have the right, in its sole discretion, to edit, composite, morph, scan, duplicate, or alter the Submission for any purpose which Sponsor deems necessary or desirable, and each entrant irrevocably waives any and all so-called moral rights they may have therein.
PUBLICITY RELEASE: By participating in the Sweepstakes, in addition to any other grants entrants may make in any other agreements with Sponsor, each entrant grants permission for Sponsor to use their name, voice, likeness, biographical information, entry materials and any statements made regarding the Sweepstakes for advertising and promotional purposes, and on and in connection with related products, services, advertising and promotional materials (now known of hereafter developed) worldwide in perpetuity without further compensation or permission, except where prohibited by law. I agree not to issue any publicity concerning the Sweepstakes Entities.
WINNER REQUIREMENTS: The potential winner must comply with all terms and conditions of these Rules and winning is contingent upon fulfilling all requirements. No liability is assumed for any winner notification that is lost, intercepted or not received by a potential winner for any reason. The potential winner may be required to submit an Affidavit of Eligibility (the “Affidavit”) and return the Affidavit to Sponsor within the time period specified at notification before being eligible to receive his or her prizes. If any potential winner fails or refuses to sign and return such Affidavit within the time period required by Sponsor or if the prize or prize notification is returned as rejected, faulty, unclaimed or returned as undeliverable to such potential prize winner, such potential winner may be disqualified and an alternate may be selected. Non-compliance shall result in disqualification and award of the prize to an alternate winner. If a potential winner cannot be contacted, is found to be ineligible, or if he or she has not complied with these Rules, or if the potential winner cannot participate in any portion of the prize, or declines a prize for any reason prior to award, such potential winner may be disqualified and an alternate potential winner may be selected. Sponsor is not responsible for and shall not be liable for late, lost, damaged, intercepted, misdirected, or unsuccessful efforts to notify the potential winners, or if potential winner is a minor, for late, lost, misdirected, or unsuccessful efforts of potential winner to provide signed parental or guardian consent.
Arrangements for delivery of the prize will be made after winner validation. Potential winner must be at least 18 years of age and the age of majority in his/her state/province or jurisdiction of primary residence. Acceptance of any prize shall constitute and signify the potential winner’s agreement and consent that Sponsor may use their name, voice, likeness, biographical information, entry materials and any statements made regarding the Sweepstakes for advertising and promotional purposes, and on and in connection with related products, services, advertising and promotional materials (now known of hereafter developed) worldwide in perpetuity without further compensation or permission, except where prohibited by law. Without limiting the generality of these Rules, the potential winner shall irrevocably grant, transfer, convey and assign to Sponsor the entirety of the rights in and to the Submission and all renewals and extensions of copyright, and the right to secure copyright registrations thereto in perpetuity including, without limitation, the rights to use the Submission for any and all purposes in any and all media whether now known or hereafter developed, on a worldwide basis, in perpetuity. Potential winner accepts and acknowledges that Sponsor shall not be obligated to use the Entry and that Sponsor in its sole discretion shall have the right to refrain from using the Submission. Sponsor shall not incur any liability whatsoever to the extent Sponsor chooses to refrain from any exploitation of its rights hereunder.
RELEASES AND LIMITATIONS OF LIABILITY: By entering the Sweepstakes, each Entrant agrees to forever and irrevocably release and hold harmless Sponsor and each of its respective owners, parents, partners, divisions, subsidiaries, representatives, shareholders, officers, directors, members, managers, agents, employees, affiliates (whether direct or indirect), successors, and assigns (collectively “Partner Entities”), and each of its affiliates, parent companies, subsidiaries, representatives, consultants, contractors, attorneys, suppliers, distributors, advertising/promotional agencies, business partners, public relations, fulfillment and marketing agencies, website providers and their respective officers, directors, stockholders, employees, agents, and representatives, and any and all social media platforms on which the Sweepstakes is marketed or promoted, including but not limited to Facebook, Instagram and/or Twitter (collectively, “Social Media Platforms”) the Social Media Platform’s respective officers, directors, employees, agents, representatives, successors and assigns (all collectively, the “Released Parties”) from any and all claims, lawsuits, judgments, causes of action, injuries, losses, proceedings, demands, fines, penalties, liabilities, costs and expenses (including, without limitation, reasonable attorneys’ fees and costs) (collectively, “Claims”) related to this Sweepstakes or prize, including without limitation, Claims that may arise in connection with: (i) incomplete, lost, late, stolen, damaged, misdirected or illegible Entries or for failure to receive Entries due to any cause including, but not limited to, human, transmission, or technical problems, failures, or malfunctions of any kind, whether originating with sender, Released Parties or otherwise, that may limit an Entrant’s ability to participate in the Sweepstakes; (ii) acceptance, receipt, travel related to, participation in, delivery of, possession, defects in, use, non-use, misuse, inability to use, loss, damage, destruction, negligence or willful misconduct in connection with the use of the prize (or any component thereof); (iii) any change in the prize (or any components thereof) due to unavailability or due to reasons beyond Sponsor’s control; (iv) any incorrect or inaccurate information, whether caused by Entrant, printing or typographical errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (v) the violation of any third-party privacy, personal, publicity or proprietary rights; (vi) any interruptions in or postponement, cancellation or modification of the Sweepstakes or these Rules; (vii) any technical malfunctions or unavailability of any telephone network, computer system, online system, computer timing and/or dating mechanism, computer equipment, software or Internet service provider, or mail service utilized by any of the Released Parties or by an Entrant; (viii) any wrongful, negligent, or unauthorized act or omission on the part of any of the Released Parties; (ix) any injuries, losses, liabilities or damages of any kind including personal injury or death caused by the prize or resulting from acceptance, possession or use of a prize including participation in any activity or travel related thereto, or from participation in the Sweepstakes; or (x) any inability of the potential winner to accept or use the prize (or portion thereof) for any reason. Released Parties assume no responsibility for any damage to an Entrant’s computer system which is occasioned by accessing the websites of Released Parties or participating in the Sweepstakes, or for any computer system, phone line, mobile phone, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature, or for the incorrect or inaccurate capture of information, error in Entries or selection announcement, or the failure to capture any information. Released Parties will not be responsible or liable for any Entries in excess of the stated limit or for Entries that are late, forged, lost, misplaced, misdirected, tampered with, incomplete, deleted, damaged, garbled or otherwise not in compliance with the Rules, and all such Entries may, in Sponsor’s sole and absolute discretion, be disqualified. Entrant further agrees that Released Parties are in no matter responsible for any warranty, representation, or guarantee, expressed or implied, in fact or in law, relating to the creation, administration or fulfillment of the Sweepstakes and/or the awarding of any prize. Released Parties will not be liable to potential winner, or any other person for failure to supply any prize or any part thereof, by reason of fire, flood, epidemic, earthquake, unusually severe weather, hurricane, embargo, explosion, labor dispute or strike, labor or material shortage, transportation interruption of any kind, work slow- down, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, any federal, state, or local government law, order, request, or regulation, or order of any court or jurisdiction (each a “Force Majeure” event or occurrence), or any other cause beyond Released Parties’ control. 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. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE RULES APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE APPLICABLE PORTIONS OF THESE RULES MAY NOT APPLY TO YOU.
ADDITIONAL RULES: Sponsor reserves the right to (i) permanently disqualify from any Sweepstakes it sponsors any person it believes has intentionally violated these Rules; and (ii) suspend, modify or terminate the Sweepstakes if Sponsor believes, in its sole discretion, that fraud, virus, tampering, malfunction, error, disruption, damage or any other cause beyond the control of Sponsor is impairing or will impair the administration, security, fairness, or integrity of the Sweepstakes. If, for any reason, the Sweepstakes is not capable of running as planned (including, without limitation, due to a Force Majeure event or any unanticipated occurrence that is not fully addressed in these Rules), Sponsor reserves the right to cancel, modify, or suspend the Sweepstakes or any element thereof. If, for any reason, more prize notifications are sent (or more claims are received) than the number of prizes offered, as set forth in these Rules, Sponsor reserves the right to award the intended number of prizes through a random drawing from among all eligible prize claims received. Sponsor may prohibit an Entrant from participating, winning, or accepting a prize (and void all associated Entries) if, in its sole discretion, it determines that said Entrant is attempting to undermine the legitimate operation of the Sweepstakes and associated prize by cheating, deception or other unfair practices or intending to annoy, abuse, threaten or harass any other participants or Sponsor’s representatives. Sponsor’s failure to enforce any term of these Rules shall not constitute a waiver of that provision. Entrants must have a valid e-mail address, and it is Entrant’s responsibility to update Sponsor of any change in e-mail address. Any violation of these Rules or any behavior of the Potential Winner that may bring the Potential Winner or Sponsor into disrepute (in Sponsor’s sole discretion) or false and/or deceptive Entries or acts, including misrepresentation of age, may result in Potential Winner’s disqualification from the Sweepstakes and all privileges as a winner will be immediately terminated. LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DELIBERATELY DAMAGE, DESTROY, TAMPER OR VANDALIZE THIS SITE OR INTERFERE WITH OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES, IS A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND PURSUE ALL OTHER REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
DISPUTES; CHOICE OF LAW: ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE RULES, OR THE RIGHTS AND OBLIGATIONS OF THE ENTRANT AND SPONSOR IN CONNECTION WITH THE SWEEPSTAKES, 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. BY ENTERING THE SWEEPSTAKES, 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 SWEEPSTAKES, OR ANY AWARD AWARDED, WILL BE RESOLVED INDIVIDUALLY, 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), NOT TO EXCEED TWO HUNDRED FIFTY DOLLARS ($250.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; AND 3) EXCEPT WHERE PROHIBITED, 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 RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED. EXCEPT WHERE PROHIBITED, EACH PERSON WHO PARTICIPATES IN THE SWEEPSTAKES IRREVOCABLY AGREES THAT SUCH DISPUTE(S) WILL BE RESOLVED SOLELY BY BINDING ARBITRATION BEFORE A SOLE ARBITRATOR, WITH EXPERIENCE IN ADVERTISING OR PROMOTION AND ENTERTAINMENT LAW, UNDER THE RULES AND REGULATIONS OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA”); PROVIDED, HOWEVER, THAT NOTWITHSTANDING THE PARTIES’ DECISION TO RESOLVE ANY AND ALL DISPUTES ARISING UNDER THIS SWEEPSTAKES THROUGH ARBITRATION, SPONSOR MAY (1) SEEK TO OBTAIN INJUNCTIVE RELIEF OR OTHER EQUITABLE RELIEF FROM A COURT TO ENFORCE THE PROVISIONS OF THESE RULES; (2) BRING AN ACTION IN COURT TO PROTECT AND INTERPRET SPONSORS INTELLECTUAL PROPERTY RIGHTS; AND/OR (3) BRING AN ACTION TO ENFORCE THE DECISION OF THE ARBITRATOR BEFORE ANY COURT WITH APPLICABLE JURISDICTION. THE ARBITRATION WILL BE HELD IN MIAMI-DADE, FLORIDA. THE ARBITRATOR WILL APPLY THE SUBSTANTIVE LAWS OF THE STATE OF FLORIDA, WILL ISSUE A WRITTEN DECISION AND WILL HAVE THE POWER TO AWARD ANY LEGAL REMEDIES EXCEPT AS LIMITED BY THESE RULES. The parties will split the arbitrator’s fee; provided, however, if applicable law requires Sponsor to pay the arbitrator’s fee in order for the arbitration provision to be enforceable, Sponsor shall have the discretion to pay such fees and proceed to arbitration. Entrant irrevocably waives any right to bring or join in any class action regarding the Sweepstakes. Judgment upon the arbitration award may be entered in any court having jurisdiction thereof. This arbitration provision shall be deemed to be self-executing, and in the event that any party fails to appear to any properly noticed arbitration proceeding, an award may be entered against such party notwithstanding said failure to appear.
INDEMNITY: Each Entrant (including Potential Winner) shall indemnify, defend and hold harmless the Released Parties from and against any and all claims, damages, actions, liability, loss, injury or expense, including reasonable attorneys’ fees and costs, arising out of or in connection with: (a) Entrant’s participation in the Sweepstakes; (b) a breach or allegation which if true would constitute a breach of any of the representations, warranties or obligations herein; and (c) acceptance, possession, grant, or use of any prize, including without limitation, personal injury, death and property damage arising therefrom.
PRIVACY POLICY/DATA COLLECTION: Any personally identifiable information collected during an Entrant’s participation in the Sweepstakes will be collected by Sponsor or its designee(s) and used by Sponsor, its affiliates, designees, agents and marketers for
purposes of the proper administration and fulfillment of the Sweepstakes as described in these Rules and in accordance with Sponsor’s Privacy Policy located at www.crewfare.com/terms/. Each Entrant agrees to the collection, processing and storage of Entrant’s personal data by Sponsor for purposes of the Sweepstakes.
WINNER LIST: For a list of the winner(s), send a stamped (VT residents omit postage), self-addressed envelope to: 2678 Edgewater Court Weston, FL 33332 USA. Requests must be received within thirty (30) days following the close of the Entry Period.
OFFICIAL RULES: For a copy of these Rules, send a stamped (VT residents omit postage), self-addressed envelope to: 2678 Edgewater Court Weston, FL 33332 USA. Requests must be received within thirty (30) days following the close of the Entry Period.
SEVERABILITY: If any portion of these Rules should be held invalid or unenforceable for any reason, such portion shall be deemed modified or severed from this agreement in such a manner as to enable the remaining portions of these Rules to remain in full force and effect as if no invalid or unenforceable provision had been part of this agreement.
SPONSOR: The sponsor and administrator of the promotion is Crewfare®, 2678 Edgewater Court Weston, FL 33332.