CheckPoints
PRIZE Sweepstakes
OFFICIAL
RULES
NO
PURCHASE NECESSARY TO ENTER OR WIN
OPEN TO legal residents of any one (1) of the fifty
(50) United states or the district of columbia who are at least thirteen (13)
year of age as of their initial date of participation in the sweepstakes
Participants in the
Sweepstakes agree that they have read, understood and accepted these Official
Rules and agree to be bound by them, including all eligibility requirements and
decisions of the Sponsor. We recommend that you print out and keep a copy of
the Official Rules for future reference.
1. SWEEPSTAKES TYPE: CheckPoints PRIZE Sweepstakes ("Sweepstakes")
are available in two forms: "Limited
Time" and "Limited Entry".
Limited Time Sweepstakes run for a designated period of time, with defined
start and end dates as noted inside the CheckPoints App; for example, a Limited
Time Sweepstakes might be noted as running from Friday, 6/28/13, through
Thursday, 7/4/13; this indicates that this sweepstakes starts at the beginning
of the first day (12:00AM on 6/28/13) and finishes at the end of the second day
(11:59PM on 7/4/13), meaning this particular Sweepstakes will complete a full
7-day time period. Limited Entry sweepstakes are defined by the maximum number
of entrants that will be accepted into a Sweepstakes; once this Sweepstakes has
reached its maximum, no more entries will be distributed.
2. SWEEPSTAKES PERIOD: The "Sweepstakes
Period" for Limited Time Sweepstakes is defined by the total time period that a
Sweepstakes runs; during this time period, a user can redeem for as many
tickets as are allowed for that particular Sweepstakes. Once the Sweepstakes
reaches its end date (as noted in the CheckPoints App), the "Sweepstakes Period"
will be over. The "Sweepstakes Period" for Limited Entry Sweepstakes is defined
by the time period during which the Sweepstakes has not yet reached its maximum
number of entrants; during this period, a user can redeem for as many tickets
as are allowed in the Sweepstakes, until the maximum number of entries has been
reached.
3. HOW TO ENTER: There are two ways to
enter:
1) During the Sweepstakes
Period, an eligible user may redeem the noted number of "CheckPoints" in the
CheckPoints App to obtain a ticket in the Sweepstakes. To redeem CheckPoints
for a Sweepstakes, users can click on "Rewards" inside the CheckPoints app,
then click any Sweepstakes that are currently available for entry on in the CheckPoints
App. Upon redeeming your CheckPoints(s) for an entry, the number of CheckPoints
in your account will be reduced accordingly. Or, 2) eligible
users can mail a self-addressed, first class postage-paid envelope including
his or her handwritten first name, last name, CheckPoints Account Username (or
a new username will be assigned by InMarket),
address, city, state, ZIP code, and the name of the Sweepstakes they would like
to be entered into, in blue or black ink, to: "InMarket
Sweepstakes Mail in Entry" P.O.
Box 201, Venice, CA 90291 ("Mail-in
Request"). Vermont residents with a return address in Vermont may
omit return postage. Mail-in Requests received by Sponsor during the
Sweepstakes Period set forth in the Schedule will receive one (1) entry into Sweepstakes
indicated on their mail-in request. If a Mail-in Request is received by Sponsor
after the Sweepstakes Period set forth in the Schedule has ended, the eligible
individual will receive an Entry into the subsequent Sweepstakes running at the
time the mail-in request is received by Sponsor, if any, in Sponsor's sole
discretion. If A Mail-in Request is received when there is no Sweepstakes
running and that Mail-in Request is received within five (5) days of the end of
the immediately preceding Sweepstakes, that participant will receive a play in
the immediately preceding Sweepstakes. Sponsor will add one entry into
the Sweepstakes for the mail-in participant and then notify the mail-in
participant whether or not they won using the self-addressed postage-paid
envelope provided with the Mail-In Request. If participant is a winner, Sponsor
will also provide information about how to learn of the redemption
possibilities for the Prize, which may be through a web site or other free
method. No mechanical reproductions of Mail-in Requests permitted.
Limit one (1) free Entry per person and per valid Mail-in Request. Each
Mail-in Request must be mailed separately. Online entry is only available for eligible
persons (as defined in Rule 3) with a registered account in the CheckPoints app
and who have CheckPoints in their account at time of entry. There is no cost to
register, maintain an account or to earn CheckPoints. To register, follow
online registration instructions located in Apple iTunes and Google Play stores.
For more information, please visit https://inmarket.com/termsofservice/.
4. ELIGIBILITY: Subject
to the requirements stated in the Schedule, the Sweepstakes is only open to
legal residents of any one (1) of the fifty (50) United States or the District
of Columbia who are at least thirteen (13) years of age as of their initial
date of participation in the Sweepstakes; provided, however that in our
discretion we may deem residents of other jurisdictions eligible if their
participation and receipt of a Prize does not violate applicable law or result
in Sponsor becoming subject to any affirmative obligations in a jurisdiction
other than the United States (e.g., taxes, bonding, registration, liability,
etc.). Employees, directors, officers, members, managers, agents and
contractors of Sponsor or the advertising and promotion agencies or prize
providers involved in the Sweepstakes, and each of their parents, affiliates,
subsidiaries and divisions (collectively, the "Promotion Entities") and
their immediate family members and those living in the same household (whether
legally related or not) of each are not eligible to participate. For
purposes of the Sweepstakes, "immediate family members" are defined
as spouse, domestic partner, parents, legal guardians, in-laws, grandparents,
siblings, children and grandchildren. The Sweepstakes is void in all U.S.
territories, possessions, and overseas military installations and VOID WHERE
PROHIBITED BY LAW. All rights and responsibilities of a minor under the Official
Rules are conferred and assumed respectively by the minor's parent or legal
guardian in representation of the minor.
5. RANDOM DRAWING: Winners will be
selected in a random computer-processed drawing from among all eligible online
and mail-in entries received. For Limited Time Sweepstakes, the drawing will be
conducted by Sponsor's computer within one week after the Time Period of the
Sweepstakes ends. For Limited Entry Sweepstakes, the drawing will be conducted
by Sponsor's computer within one week after the Sweepstakes has reached its
maximum number of entries (also defined as within one week after the Time
Period of the Sweepstakes ends). One winner will be chosen from all eligible
entries received for both Limited Time and Limited Entry Sweepstakes. The
Winner will be notified by either e-mail, mail, or telephone (or his/her parent
or legal guardian where the selected Winner has not reached the age of majority
in his/her jurisdiction of residence will be required). The return of any
prize/prize notification as undeliverable will result in disqualification and
an alternate winner may be selected. Potential winners who have not reached the
age of majority in their jurisdiction of residence shall require parental
consent to accept any prize.
6. PRIZE: Each Sweepstakes will
have one (1) Grand Prize; this Grand Prize will be disclosed and can include
items such as an Electronic Gift Card ("eGift Card")
or Physical Gift Card ("Gift Card") in a denomination of USD, a specific
quantity of CheckPoints, or a physical object. Prize consists of only those
items specifically listed as part of the prize. Limit one prize per
family/household. Sponsor reserves the right to substitute a prize of equal or
greater value. Unclaimed prizes will not be awarded.
7. GENERAL RULES: All taxes and fees
resulting from acceptance of prize are the responsibility of winner. By
entering Sweepstakes, Entrant (or Entrant's parent/legal guardian if any
Entrant is deemed a minor in the state/province or country of his/her
residence) accepts and agrees to these Official Rules and the decisions of
Sponsor, which shall be final in all matters. By accepting prize, winner (or
winner's parent/legal guardian if any winner is deemed a minor in the
state/province or country of his/her residence) agrees to hold Sponsor, its
affiliates, directors, officers, employees and assigns ("Licensed Parties") harmless
against any and all claims and liability arising out of use or redemption of
prize. Participants consent to the use of their names, pictures,
likenesses, voices, biographical data, and/or any information contained in
their entry in advertising, promotion and marketing materials throughout the
world, including on the Internet, by the Sponsor, its promotional partners and
third-party marketing entities, without additional compensation, notice,
review, or approval, and each
participant releases each of the Licensed Parties from any and all liability
related thereto. Sponsor reserves the right to require a photo of the
winner as a requirement before prize is released. Nothing contained in
these Official Rules obligates the Licensed Parties to make use of any of the
rights granted herein and winner waives any right to inspect or approve any such
use.
Sponsor is not responsible for lost or late mail, or for technical, hardware or
software malfunctions, lost or unavailable network connections, or failed,
incorrect, inaccurate, incomplete, garbled or delayed electronic communications
whether caused by the sender or by any of the equipment or programming
associated with or utilized in this Sweepstakes, or by any human error which
may occur in the processing of the entries in this Sweepstakes. The Sponsor
give no assurance and no promises that the CheckPoints app (or any of the
services connected with the Sweepstakes) shall be free from errors or omission
nor that they will be available uninterrupted and in a fully operating
condition. If, in the Sponsor's opinion, there is any suspected evidence of tampering
with any portion of the promotion, or if technical difficulties compromise the
integrity of the promotion, the Sponsor reserves the right to modify or
terminate the Sweepstakes in a manner deemed reasonable by the Sponsor, at the
Sponsor's sole discretion. In the event a dispute arises as to the identity of
a potentially winning online entrant, entries made by internet will be declared
made by the name on the online entry form. Potential winner may be required to
show verifiable proof of identity. All federal and state laws apply.
8. DISPUTES; GOVERNING LAW: Except where
prohibited, the entrant agrees that any and all disputes, claims and causes of
actions arising out of or connected with the Sweepstakes or any prize shall be
resolved on an individual basis without resort to any form of class action.
Any and all disputes,
claims and causes of actions shall be resolved exclusively by the United States
District Court for the Southern District of California, or the appropriate
California State Court located in Los Angeles County, California. Any issues or
questions of construction, interpretation, validity, or enforceability of these
rules, or the rights and obligations of the entrant and/or Sponsor in
connection with the Sweepstakes shall be governed by, construed and interpreted
in accordance with the laws of the State of California, without giving effect
to any choice of law or conflict of law rule which would cause the application
of the laws of any jurisdiction other than the State of California.
Any and all claims,
judgments and awards shall be limited to actual out-of-pocket costs incurred,
including costs associated with entering the Sweepstakes but in no event
attorneys' fees. Entrant (or Entrant's parent/legal guardian if any Entrant is
deemed a minor in the state or country of his/her residence) hereby waives all
rights to claim punitive, incidental, and consequential damages and any other
damages, other than for actual out-of-pocket expenses, 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 above may not apply to you.
9. WINNER'S LIST: For the name of the
winner, available the day after the Time Period of the Sweepstakes has ended,
send a self-addressed, stamped (#10) envelope to: CheckPoints Sweepstakes, P.O
Box 201, Venice, CA 90291. Include on the lower left hand corner of the
envelope the month of the Sweepstakes.
10. ODDS OF WINNING: For Limited Time Sweepstakes,
the odds of winning will depend upon the number of eligible entries received.
For Limited Entry Sweepstakes, the odds of winning will depend on the number of
maximum entries allowed.
11. SEVERABILITY: If any provision(s)
of these Official Rules are held to be invalid or unenforceable, all remaining
provisions hereof will remain in full force and effect.
SPONSOR: InMarket
LLC, Venice, CA 90291