NO PURCHASE NECESSARY TO ENTER OR WIN. PURCHASE WILL NOT INCREASE YOUR ODDS OF WINNING..
The Daily Fidget Spinner Sweepstakes (the “Promotion”) is sponsored by SBG Media, Inc. (“CatchyFreebies™,” “we” or “us”). By entering the Promotion, you agree to comply with and be bound by the following Daily Fidget Spinner Sweepstakes Official Rules (the “Rules”). Please review the Rules carefully. If you do not agree to the Rules in their entirety, you are not permitted to enter the Promotion.
All product and company names are trademarks™ or registered® trademarks of their respective holders. Use of them does not imply any affiliation with or endorsement by them.
This promotion is in no way sponsored, endorsed or administered by, or associated with Facebook. You understand that you are providing your information to the owner of the CatchyFreebies™ Facebook page and not to Facebook.
The Promotion is open only to individuals who are legal residents of, and living in, the United States and/or the District of Columbia, who are eighteen (18) years of age or older (or the applicable age of majority, if greater than eighteen (18) years of age in your jurisdiction), and who can enter into legally binding contracts under applicable law, and who can access and sign up on our website through the corresponding Facebook post with the title “Fidget Spinner Sweepstakes from CatchyFreebies™”. Facebook fans who “Like” CatchyFreebies™ will potentially receive our status updates on their news feed. No entry fee is required. Winners will be notified via email. The Promotion is expressly void in Rhode Island, Puerto Rico and where otherwise prohibited by law. Employees, officers and directors of CatchyFreebies™, its legal representatives, affiliates, parents, subsidiaries, advertising, promotional, fulfillment and marketing agencies, and their immediate families (and those living in their respective households), are not eligible to participate or claim a Prize (as defined below) in the Promotion. Participants wishing to obtain a copy of these Rules may request a printed copy of same by writing to: CatchyFreebies, 2071 Flatbush Avenue, Suite 49, Brooklyn, NY 11234.
2. LIMITED TIME ONLY/PROMOTION PERIOD.
For purposes of these Rules, the “Promotion Period” shall be the period beginning at 12:00:00 a.m. Eastern Standard Time (“EST”) on May 10, 2017 and ending on 11:59:59 p.m. EST on May 31, 2017. A “Daily Promotion Period” is the period starting every day during the promotion period at 12:00:00 AM, EST (midnight) and ending on the evening at 11:59:59 PM, EST (just before midnight) during the Promotion Period. (The date and time stamp electronically assigned by our servers will determine when an entry is received and will be controlled.)
3. HOW TO ENTER.
(a) To enter, you must visit Facebook page of CatchyFreebies.com at any time during the promotion period and follow the link in our Daily post with the title “Fidget Spinner Sweepstakes from CatchyFreebies™” on Facebook. You will receive one (1) entry per day each time you sign up during the Promotion Period and all entries will be assigned for the corresponding “Daily Promotion Period” during which you sign up to CatchyFreebies.com via the Facebook post.
(b) Alternative Means of Entry. As an alternative means of entry in the Promotion, you may submit a mail-in entry for each day during the Promotion Period. To complete your mail-in entry, you must include in your letter or postcard: Sweepstakes: The Fidget Spinner Sweepstakes from CatchyFreebies and (i) full name; (ii) mailing address; (iii) e-mail address; (iv) telephone number; (v) gender; and (vi) date of birth (collectively, “AMOE Registration Data” and together with the Site Registration Data, the “Registration Data”). Where a contestant submits a valid mail-in entry during the Promotion Period, that contestant will automatically receive one (1) entry into the Daily Promotion Period for the date the AMOE is postmarked (each, an “AMOE Entry”). All AMOE Entries must be postmarked at least five (5) days prior to the end of the Promotion Period to be considered valid AMOE Entries. Contestants must mail their AMOE Entry to: CatchyFreebies, 2071 Flatbush Avenue, Suite 49, Brooklyn, NY 11234. Each envelope or postcard must contain no more than one (1) AMOE Entry. Any improperly submitted mail-in entries (i.e. any envelope or postcard containing more than one (1) entry or having invalid or incomplete AMOE Registration Data) will be VOID.
NO PURCHASE IS NECESSARY TO ENTER OR WIN THE PROMOTION. PURCHASING GOODS AND/OR SERVICES OFFERED BY OR THROUGH CATCHYFREEBIES™ OR OUR MARKETING PARTNERS WILL NOT INCREASE THE ODDS OF QUALIFYING FOR A PRIZE.
CATCHYFREEBIES™ IS NOT RESPONSIBLE FOR REGISTRATIONS, DAILY SHARES, AMOE ENTRIES, CLAIMS OR NOTICES THAT ARE LOST, LATE, ILLEGIBLE, MISDIRECTED, DAMAGED, INCOMPLETE OR INCORRECT. IF YOU FAIL TO SUBMIT AN ENTRY DURING THE PROMOTION PERIOD FOR ANY REASON INCLUDING, BUT NOT LIMITED TO, INABILITY TO ACCESS THE SITE, YOU WILL NOT QUALIFY FOR A PRIZE.
4. IDENTIFICATION OF ENTRANTS.
Each Entry will be collected and stored in the Promotion Database. For purposes of these Rules, the “Promotion Database” is defined as the entire list of Entries, identified by e-mail address, collected during the Promotion Period. CatchyFreebies™ will stop accepting Entries at 11:59:59 p.m. EST on May 31, 2017.
5. HOW TO WIN.
Within five (5) business days of the conclusion of the Promotion Period, CatchyFreebies™ will randomly select one (1) Entry for each Daily promotion period from the Promotion Database (“Winner Selection”) for the Prize assigned (as set forth below). The potential Prize winners will be notified via e-mail within ten (10) days after Winner Selection (entrants should ensure that their Registration Data is accurate and up to date). The potential Prize winners will be subject to eligibility verification via E-mail.
Non-compliance within this verification will result in forfeiture of the applicable Prize. The return of a Prize and/or Prize notification as undeliverable may result in forfeiture. In no case shall CatchyFreebies™ be liable in any manner where a winner has not received notification sent from CatchyFreebies™ or where CatchyFreebies™ fails to receive a response from the potential Prize winner within the required response period of 6 months after the verification was send.
The winning Entries, as well as the associated information of the potential Prize winners, must identically match the records maintained by CatchyFreebies™ in order for a Prize to be awarded. In the event of a dispute, the information maintained by CatchyFreebies™ will govern. Entries will be deemed made by the person under whose e-mail address the Entry was submitted, regardless of who actually submitted the Entry.
6. PRIZE DESCRIPTION.
The winning entrants selected for:
(a) The prize will be a (1) Fidget Spinner. The approximate retail value of this Prize is five dollars ($5.00). The prize will be sent via USPS priority mail to the address in the Registration Data of the randomly selected winner.
7. ODDS OF WINNING.
The odds of winning a Prize depend on the number of Entries submitted during each Daily Promotion Period.
9. WINNER’S LIST.
To request a list of Prize winners, send a self-addressed stamped envelope to: CatchyFreebies, 2071 Flatbush Avenue, Suite 49, Brooklyn, NY 11234.
10. TAX INFORMATION.
Federal, state and local taxes, and all similar fees and assessments, are the responsibility of the applicable Prize winner. CatchyFreebies™ reserves the right to withhold taxes from any winning Prize, as appropriate.
11. NO SUBSTITUTION OF PRIZES.
No substitution or transfer of Prizes will be accommodated or permitted, other than at the sole discretion of CatchyFreebies™.
Promotion entry constitutes permission for CatchyFreebies™ to use each entrant’s name and likeness (including pictures) for advertising and promotional purposes without further compensation, excluding residents of the State of Tennessee and where otherwise prohibited by law.
By entering the Promotion, each entrant agrees to release and hold harmless CatchyFreebies™, its legal representatives, affiliates, subsidiaries, parent, agencies and their respective members, officers, directors, employees and agents from and against any and all liability for any injuries, losses or damages of any kind arising from, or in connection with, the Promotion including, but not limited to, liability arising from copyright infringement, improper use of likeness, personal injury, death, damages or monetary loss. Restrictions, conditions and limitations apply. By entering, each entrant further agrees that, in the event that there is any conflict or other inconsistency between the Rules and any advertisements, promotional or marketing materials, e-mails or announcements relevant to the Promotion, these Rules will govern.
Facebook. By entering and participating, entrant agrees to hold harmless, defend and indemnify Facebook from and against any and all claims, demands, liability, damages or causes of action (however named or described), losses, costs or expenses, with respect to or arising out of or related to (i) entrant’s participation in the Sweepstakes, or (ii) entrant’s participation in any Prize related activities, acceptance of a Prize and/or use or misuse of a Prize (including, without limitation, any property loss, damage, personal injury or death caused to any person(s).
14. CHOICE OF LAW/DISPUTE RESOLUTION/CLASS ACTION LIMITATION.
Any disputes arising out of or related to the Promotion shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles). Should a dispute arise concerning the Promotion, the terms and conditions of these Rules or the breach of same by any party hereto: (a) the parties agree to submit their dispute for resolution by arbitration before a reputable arbitration organization as mutually agreed upon by the parties; and (b) you agree to first commence a formal dispute proceeding by completing and submitting an Initial Dispute Notice to us which can be found at: CLICK HERE. We may choose to provide you with a final written settlement offer after receiving your Initial Dispute Notice (“Final Settlement Offer”). If we provide you with a Final Settlement Offer and you do not accept it, or we cannot otherwise satisfactorily resolve your dispute, you can submit your dispute for resolution by arbitration before a reputable arbitration organization as mutually agreed upon by the parties, in your county of residence, by filing a separate Demand for Arbitration, which can be found at: CLICK HERE. For claims of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions. If the arbitrator awards you relief that is greater than our Final Settlement Offer, then we will pay all filing, administration and arbitrator fees associated with the arbitration and, if you retained an attorney to represent you in connection with the arbitration, we will reimburse any reasonable attorneys’ fees that your attorney accrued for investigating, preparing and pursuing the claim in arbitration. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing contained herein shall be construed to preclude any party from: (i) seeking injunctive relief in order to protect its rights pending an outcome in arbitration; and/or (ii) pursuing the matter in small claims court rather than arbitration. Although we may have a right to an award of attorneys’ fees and expenses if we prevail in arbitration, we will not seek such an award from you unless the arbitrator determines that your claim was frivolous.
To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against CatchyFreebies™ and/or its employees, officers, directors, members, representatives and/or assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney’s fees and court costs that CatchyFreebies™ incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (a) does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (b) is an independent agreement. You may opt-out of these dispute resolution provisions by providing written notice of your decision within thirty (30) days of the date that you first submit an Entry in connection with the Promotion.
Should any part of these Rules be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect.
CatchyFreebies™, its legal representatives, affiliates, subsidiaries, parent, agencies and each of their respective members, officers, directors, employees and agents, are not responsible for lost, interrupted or unavailable network server or other connections, miscommunications, failed computer transmissions or technical failure, jumbled, scrambled or misdirected transmissions, lost Site Entries, AMOE Entries or other error of any kind, whether human, mechanical or electronic. Persons found tampering with or abusing any aspect of the Promotion and/or Site, as solely determined by the CatchyFreebies™, will be disqualified. Any use of robots, automated processes, macros, programs or third party methods to submit Promotion entries, and any participant using any such method, will be disqualified and may be disqualified from any other promotions or contests provided by CatchyFreebies™. If disqualified for any of the above reasons, CatchyFreebies™ reserves the right to terminate each entrant’s eligibility to participate in the Promotion. In the event that any portion of the Promotion is compromised by virus, bugs, non-authorized human intervention or other causes beyond the control of CatchyFreebies™, which, in the sole opinion of CatchyFreebies™, corrupts, or impairs the administration, security, fairness or proper determination of the Promotion, CatchyFreebies™ reserves the right, in its sole discretion, to suspend or terminate the Promotion or any part of the Promotion, or any combination of the above. CatchyFreebies™, its legal representatives, affiliates, subsidiaries, parent, agencies and their respective members, officers, directors, employees and agents are not responsible for any problem with Promotion entry generated by computer hardware or software, error or failure, whatever the cause. CatchyFreebies™ sole responsibility for any irregular Entry is replacement with another Entry in a subsequent promotion, if available.
18. LEGAL WARNING.
Any attempt by any individual, whether or not an entrant, to damage, destroy, tamper with or vandalize the Site, or otherwise interfere with the operation of the Promotion, is a violation of criminal and civil law and CatchyFreebies™ will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.