NO PURCHASE IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. ODDS OF WINNING DEPEND UPON THE TOTAL NUMBER OF ELIGIBLE ENTRIES. A DONATION OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING.
VOID WHERE OTHERWISE PROHIBITED OR RESTRICTED BY LAW. ALL FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS APPLY.
These rules (the “Official Rules”) contain an arbitration agreement and class action waiver which affect your legal rights.
SPONSOR:Sweepstakes are sponsored by AscendFS Delaware, Inc. (the “Sponsor”) who strategically brings together non-profit organizations (the “Non-Profit(s)”) and companies, brands, talent and celebrities to offer sweepstakes fundraising campaigns with prizes and experiences (the “Sweepstakes”).
APPLICATION OF OFFICIAL RULES AND SUPPLEMENTAL RULES: These Official Rules apply to every Sweepstakes, but sometimes there are supplemental terms, limitations, and details that only apply to a particular Sweepstakes. In those cases, we publish supplemental rules on the Sweepstakes page. Unless we specify otherwise on the Sweepstakes page, these Official Rules apply in addition to any supplemental rules.
SWEEPSTAKES ENTRY PERIOD: The Sweepstakes begins on the date and time posted on the Sweepstakes page (the “Sweepstakes Start Date”) and ends on the date and time posted on the Sweepstakes page (the “Sweepstakes End Date”) (such period referred to herein as the “Sweepstakes Entry Period”). The odds of winning a Sweepstakes depends on the total number of eligible entries received during the Sweepstakes Entry Period.
ELIGIBILITY: Most Sweepstakes are open to legal residents of the 50 United States and the District of Columbia who are at least eighteen (18) years of age (or the majority in their jurisdiction of legal residence) at the time of entry, but individual Sweepstakes may be subject to additional restrictions in any supplemental rules published as part of a specific Sweepstakes. Entries are limited to individuals only; commercial enterprises and business entities are not eligible. By participating in the Sweepstakes, each entrant unconditionally accepts and agrees to comply with and abide by the terms and conditions stated in these Official Rules which shall be final and binding in all respects, agrees to be bound by the decisions of Sponsor, and any supplemental rules provided separately as part of the campaign, and warrants that she/he is eligible to participate in the Sweepstakes. Employees, independent contractors, officers, and directors of Sponsor or the Non-Profit(s) and their respective affiliates, subsidiaries, advertising, promotion, and fulfillment agencies, and legal advisors, and their immediate family members and persons living in the same household, are not eligible to participate in or win the Sweepstakes.
HOW TO ENTER:
1) TO ENTER BY DONATING: Entrants may enter a Sweepstakes by visiting the Sweepstakes website (the “Sweepstakes Website”) during the Sweepstakes Entry Period and following the on-screen prompts. You will receive entries into the Sweepstakes as a thank you for your donation. The specific Sweepstakes supplemental rules will provide for the donation and number of entries received. Entrants will receive an email confirmation at the email address provided on the Sweepstakes Website entry form.
All donations made in connection with a Sweepstakes are paid to Charities Aid Foundation of America (“CAFA”), an IRS-recognized, U.S. public charity whose mission is to make giving internationally and domestically safe, easy and effective for U.S. donors. Each Sweepstakes Website will have a clear statement to entrants that proceeds are paid to CAFA. CAFA prequalifies each Non-Profit as an eligible recipient of CAFA grants. At the end of each Sweepstakes, so long as the Non-Profit continues to qualify as an eligible recipient of CAFA grants, CAFA will make a grant to the Non-Profit of the net proceeds of the Sweepstakes. All donations are final and non-refundable.
2) TO ENTER WITHOUT DONATING: Participation in the Sweepstakes is voluntary and does not require you to make a donation to the Sponsor. Please refer to the supplementary rules for the specific Sweepstakes you are trying to enter for free. Depending on the Sweepstakes, you will be able to do either or both of the following to enter a Sweepstakes for free:
PRIZE: One (1) official winner of the Sweepstakes (the “Sweepstakes Winner”) will win the Sweepstakes prize (the “Sweepstakes Prize”) as the same is described in the supplemental rules for the specific Sweepstakes. For any Sweepstakes Prizes that include travel, please refer to the supplemental rules of the Sweepstakes for the specific travel requirements, restrictions, conditions and limitations.
ODDS OF WINNING: The odds of winning the Sweepstakes Prize depend on the total number of eligible entries received during the Sweepstakes Entry Period.
SELECTION OF WINNER: Once the Sweepstakes Entry Period has closed, Sponsor will select the potential Sweepstakes winner (“Potential Winner”) in accordance with these Official Rules and any supplemental rules (the “Drawing Date”). The Potential Winner will be selected by random drawing from all eligible entries received by the Sponsor during the Sweepstakes Entry Period. The Potential Winner will be notified by email and/or by telephone on or about the Drawing Date, using the email address or telephone number provided with the selected entry, and will be conditionally awarded the Sweepstakes Prize subject to verification of eligibility and compliance with the terms and conditions of these Official Rules. If a Potential Winner does not respond by email within twenty-four (24) hours after the first notification attempt, or if the prize notification is returned as undeliverable, such Potential Winner may be disqualified and the Sponsor may, in its sole discretion, select an alternate Potential Winner to be selected by a random drawing from among the remaining eligible entries. The notification will include instructions for how to contact the Sponsor to provide name, address and other information that may be required to complete validation of eligibility and delivery of the Sweepstakes Prize. No liability is assumed for any winner notification that is lost, intercepted or not received by a Potential Winner for any reason. In the event that a Potential Winner is disqualified for any reason, the Sponsor may, in its sole discretion, award the Sweepstakes Prize to an alternate Potential Winner who will be selected by a random drawing from among the remaining eligible entries. The selected Potential Winner must execute all consents as provided by Sponsor and applicable law.
VERIFICATION OF POTENTIAL WINNER: Each Potential Winner is subject to verification by the Sponsor. Sponsor’s decisions are final and binding in all matter relating to the administration, operation, selection of the Potential Winner, and all other matters related to the Sweepstakes. An entrant is not a winner of any prize unless and until the entrant’s eligibility and compliance with these Official Rules has been verified by the Sponsor, in its sole discretion, and the entrant has been notified that verification is complete. The Potential Winner may be required to complete and return an Affidavit of Eligibility, Release of Liability and/or Publicity Release in the form(s) provided by Sponsor (collectively, the “Affidavit”) by the date specified by Sponsor, or such Potential Winner will be disqualified and an alternate Potential Winner may be selected. In the event that (a) Potential Winner cannot be reached within twenty-four (24) hours of initial notification from Sponsor, or for whatever reason after a reasonable effort has been exerted, or the Potential Winner notification or Affidavit is returned as unclaimed or undeliverable; (b) Potential Winner declines or cannot accept, receive or use the Sweepstakes Prize for any reason; (c) Potential Winner is found to be ineligible to enter the Sweepstakes or receive the Sweepstakes Prize; (d) Potential Winner did not, cannot or does not comply with these Official Rules or the supplemental rules for the specific Sweepstakes; or (e) Potential Winner fails to fulfill the Affidavit-related obligations, then the Potential Winner shall be disqualified from the Sweepstakes and an alternate Potential Winner may be randomly selected, at Sponsor’s sole discretion, from among the remaining eligible entries received. Sponsor reserves the right to modify the notification and Affidavit procedures in connection with the selection of an alternate Potential Winner, if any. A Potential Winner will be declared the Sweepstakes Winner when all of the conditions of these Official Rules, and any supplemental rules, are fulfilled to the satisfaction of Sponsor, in its sole discretion.
TAXES: The taxable value of the Sweepstakes Prize will be treated as ordinary income to the Sweepstakes Winner for federal and state income tax purposes. Unless otherwise provided for in the supplemental rules of the Sweepstakes, any and all taxes associated with winning any Sweepstakes Prize shall be the sole and exclusive responsibility of the Sweepstakes Winner. If you are the Sweepstakes Winner, it is important that you determine what federal, state and/or local taxes you must pay. The Sweepstakes Winner is encouraged to consult with an accountant or tax preparer to make that determination.
Neither Sponsor, Non-Profit, nor any of their charitable partners, licensors and suppliers, and each of their respective parents, affiliates, subsidiaries, partners, and advertising and promotion agencies, and all of their respective officers, directors, employees, representatives, shareholders, members, consultants and agents, is in any way liable for the Sweepstakes Winner’s tax liability that is created when the Sweepstakes Winner claims the Sweepstakes Prize.
RELEASE OF LIABILITY: By participating in the Sweepstakes, each entrant agrees to the full extent allowed by applicable law to: (a) comply with and be bound by these Official Rules, any supplemental rules, and the decisions of Sponsor, which are binding and final in all matters relating to the Sweepstakes; (b) defend, indemnify, release and hold harmless the Sponsor, the Non-Profit, and their respective parent, subsidiary, and affiliates and affiliated companies, celebrities, celebrities’ team/employer, partners and any other person and organization responsible for sponsoring, fulfilling, administering, advertising or promoting the Sweepstakes, and all of their respective past and present officers, directors, employees, agents, attorneys and representatives, and their successors and assigns (collectively, the “Released Parties”) from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy, defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to an entrant’s entry, creation of an entry or submission of an entry, participation in the Sweepstakes, travel, lodging, acceptance, possession, attendance at, defect in, delivery of, inability to use, use or misuse of Sweepstakes Prize, or any portion thereof (including any travel or activity related thereto) and/or the broadcast, exploitation or use of entry; and (c) waive any right to claim ambiguity in the Sweepstakes or these Official Rules and/or any supplemental rules. Released Parties are not responsible if the Sweepstakes Prize, or any portion thereof, is delayed, postponed or cancelled for any reason, in which event that portion of the prize is forfeited in its entirety and no substitution will be provided except at the Sponsor’s sole discretion. The Sweepstakes Winner acknowledges that all prizes are awarded “as-is” and the Sponsor expressly disclaims any warranties, express or implied, including, but not limited to, the warranties of merchantability and fitness for a particular purpose, relating to the Sweepstakes Prize in any way.
PUBLICITY RELEASE: Except where prohibited or restricted by law, Sweepstakes Winner’s acceptance of (and any guest’s participation in) the Sweepstakes Prize, or any portion thereof, constitutes the Sweepstakes Winner’s and guest’s agreement, permission and consent for Sponsor, the Non-Profit, and any of their designees to use and/or publish the Sweepstakes Winner’s and/or guest’s full name, city and state of residence, photographs or other likenesses, pictures, portraits, video, voice, testimonials, and/or statements made by the Sweepstakes Winner and/or guest regarding the Sweepstakes or otherwise, worldwide and in perpetuity for any and all purposes, including, but not limited to, advertising, publicity, trade and/or promotion on behalf of Sponsor or the Non-Profit, in any and all forms of media, now known or hereafter devised, including, but not limited to, print, TV, radio, electronic, cable, or World Wide Web, without further limitation, restriction, compensation, notice, review, or approval. Sweepstakes Winner is solely responsible for acquiring guest’s agreement and consent for all required documents, and failure to do so will disqualify guest from participating in any portion of the Sweepstakes Prize.
GENERAL CONDITIONS: The Released Parties shall not have any obligation or responsibility, including any responsibility to award any prize to entrants, with regard to: (a) entries that contain inaccurate information or do not comply with or violate these Official Rules, or any supplemental rules; (b) entries, prize claims or notifications that are lost, late, incomplete, illegible, unintelligible, damaged or otherwise not received by the intended recipient, in whole or in part, due to computer, human or technical error of any kind; (c) entrants who have committed fraud or deception in entering or participating in the Sweepstakes or claiming the Sweepstakes Prize; (d) telephone, electronic, hardware, software, network, Internet or computer malfunctions, failures or difficulties; (e) any inability of the Sweepstakes Winner to accept the Sweepstakes Prize for any reason; (f) if a Sweepstakes Prize cannot be awarded due to delays or interruptions due to Acts of God, natural disasters, terrorism, weather or any other similar event beyond Sponsor’s reasonable control; or (g) any damages, injuries or losses of any kind caused by or resulting from awarding, acceptance, possession, use, misuse, loss or misdirection of any Sweepstakes Prize or resulting from participating in this Sweepstakes or any promotion or Sweepstakes Prize related activities. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be (x) tampering with the entry process or the operation of the Sweepstakes, the Sweepstakes Website, or with any website promoting the Sweepstakes; (y) acting in violation of these Official Rules or any supplemental rules; or (z) entering or attempting to enter the Sweepstakes multiple times in violation of these Official Rules or any supplemental rules, or the use of any robotic or automated devices to submit entries. If Sponsor determines, in its sole discretion, that technical difficulties, malfunction, error, disruption or damage or other unforeseen events compromise the administration, security, fairness, integrity, proper conduct or viability of the Sweepstakes, Sponsor reserves the right to void the entries at issue, and/or terminate the relevant portion of the Sweepstakes, including the entire Sweepstakes, and/or modify the Sweepstakes and/or award the Sweepstakes Prize from all eligible entries received as of the termination date. Sponsor reserves the right to suspend, modify or cancel the Sweepstakes before the scheduled Sweepstakes End Date.
GOVERNING LAW; SEVERABILITY; WAIVER: The Sweepstakes and these Official Rules shall be subject to and governed by the laws of the State of New York. If a court of competent jurisdiction finds any provision of these Official Rules or any supplemental rules, or their application to a particular person or circumstances, is invalid or unenforceable to any extent, then the remainder of these Official Rules and any supplemental rules, and their application to other persons or circumstances, shall not be affected by that determination, and shall remain enforceable to the fullest extent permitted by law. The failure of Sponsor to enforce at any time any provision of the Official Rules or any supplemental rules shall not be considered a waiver of such provision or any other provision and shall not deprive Sponsor of the right thereafter to enforce such provision or any other provision.
MANDATORY ARBITRATION AGREEMENT; CLASS ACTION WAIVER: Any claim, other than a claim by Sponsor, that is not resolved informally must be resolved in accordance with the below arbitration provisions. Unless prohibited by federal law, each entrant, including, without limitation, any Potential Winner or Sweepstakes Winner, agrees to arbitrate any and all claims and disputes relating in any way to such entry or the selection of a Potential Winner or Sweepstakes Winner, or delivery or awarding of the Sweepstakes Prize (“Arbitration Claims”), except for Arbitration Claims concerning the validity, scope or enforceability of this arbitration provision, through BINDING INDIVIDUAL ARBITRATION. This Arbitration Agreement involves interstate commerce and shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16 (“FAA”), and not by state law.
In any Arbitration Claim to be resolved by arbitration, neither the entrant nor Sponsor will be able to have a court or jury trial or participate in a class action or class arbitration. Other rights that entrant and Sponsor would have in court will not be available or will be more limited in arbitration, including the right to appeal. Entrants waive the right to a court or jury trial. All disputes shall be arbitrated on an individual basis, and not as a class action, representative action, class arbitration or any similar proceeding. The arbitrator(s) may not consolidate the claims of multiple parties.
Arbitrations shall be administered by the American Arbitration Association (“AAA”) pursuant to the applicable AAA rules in effect at the time the arbitration is initiated, except to the extent modified by these Official Rules. If AAA is unable or unwilling to arbitrate a dispute, then the dispute may be referred to any other arbitration organization or arbitrator the parties both agree upon in writing or that is appointed pursuant to Section 5 of the FAA. The arbitration shall take place in New York, New York. The arbitrator’s authority is limited to entrant and Sponsor alone, unless otherwise specifically stated herein. No arbitration decision will have any preclusive effect as to non-parties. The arbitrator’s decision shall be final and binding. The parties agree that this arbitration provision extends to any other parties involved in any Arbitration Claims, including, but not limited to, the Released Parties. This arbitration provision shall take precedence over the rules of the arbitration organization or arbitrator in the event of any conflict.
The cost of the arbitration shall be shared equally by Sponsor and entrant, but Sponsor and entrant shall bear their own costs and attorney’s fees associated with their participation in the arbitration. Notwithstanding any other provision herein, if the foregoing class action waiver and prohibition against class arbitration is determined to be invalid or unenforceable, then this entire arbitration provision shall be void. If any portion of this arbitration provision other than the class action waiver and prohibition against class arbitration is deemed invalid or unenforceable, it shall not invalidate the remaining portions of this arbitration provision.
Prior to initiating an arbitration proceeding under this provision, entrant shall give Sponsor written notice of the Arbitration Claim (a “Claim Notice”) and a reasonable opportunity, not less than 30 days, to resolve the Arbitration Claim. Any Claim Notice to Sponsor shall be sent by mail to AscendFS, Inc., Re: Arbitration Claim, 401 Park Avenue South, 10th Floor, New York, NY, 10016. Any Claim Notice must (a) identify the entrant by name, address, email address, and telephone number; (b) explain the nature of the Arbitration Claim and the relief demanded; and (c) be submitted only on behalf of entrant, and not on behalf of any other party. Entrant must reasonably cooperate in providing any information about the Arbitration Claim that Sponsor reasonably requests and must give Sponsor a reasonable opportunity to respond to the demand for relief. The provisions of this section shall not apply to claims by Sponsor.
COPYRIGHT: All Sweepstakes materials are the property of the Sponsor and may not be copied, reproduced or used for any purpose without Sponsor’s express prior written consent.
NOTICE: Sponsor reserves the right to prosecute and seek damages against any individual who attempts to deliberately undermine the proper operation of the Sweepstakes in violation of these Official Rules, any supplemental rules, and/or criminal and/or civil law.
Copyright 2019 AscendFS, Inc. All rights reserved.
Any trademarks used in the Sweepstakes, in these Official Rules or in any supplemental rules are used for prize identification purposes only and are the properties of their respective owners.