AMERICAN CHARITIES SWEEPSTAKES $100,000 GIVEAWAY
SWEEPSTAKES OFFICIAL RULES
NO PURCHASE OR PAYMENT NECESSARY. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCE OF WINNING. PROMOTION IS OPEN TO LEGAL RESIDENTS OF THE 50 UNITED STATES INCLUDING THE DISTRICT OF COLUMBIA (EXCLUDING FLORIDA AND NEW YORK) WHO ARE AT LEAST THE AGE OF MAJORITY IN THEIR STATE OF RESIDENCE AT TIME OF ENTRY. VOID IN PUERTO RICO, GUAM, AMERICAN SAMOA, AND WHERE PROHIBITED OR RESTRICTED BY LAW.
ODDS OF WINNING ARE DEPENDENT UPON THE NUMBER OF ELIGIBLE ENTRIES RECEIVED. AFFIDAVIT OF ELIGIBILITY / RELEASE OF LIABILITY / PRIZE ACCEPTANCE AGREEMENT WILL BE REQUIRED. ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.
PROMOTION PERIOD: The American Charities Sweepstakes $100,000 Giveaway (the “Sweepstakes”) begins at 8:00 a.m. Eastern Time (“ET”) on April 22, 2021 and ends at 11:59 p.m. ET on August 23, 2021 (the “Promotion Period”).
ELIGIBILITY: The Sweepstakes is open only to natural persons who are a legal resident of one of the fifty (50) United States or the District of Columbia (excluding Florida, New York, Puerto Rico, Guam, American Samoa, United States territories, possessions, and protectorates, foreign based United States military installations and wherever restricted or prohibited by law) (the “Territory”) and are at least 18 years of age (except in Alabama and Nebraska, where entrants must be at least 19 years of age, and Mississippi, where entrants must be at least 21 years of age), or the age of majority if different, at the time of entry (the “Entrant”).
Sponsor, employees of Sponsor, and all of their respective partners, parent companies, divisions, subsidiaries, affiliates, trustees, advertising, promotion and public relations agencies, and their respective officers, directors, employees, agents, independent contractors, representatives and agencies (collectively, the “Sweepstakes Entities”) are not eligible to participate in the Sweepstakes and/or win a Prize (as defined below). Additionally, immediate family members of such employees and persons living in the same household as such employees (whether related or not) are not eligible to win. For the purposes of this Sweepstakes, “immediate family members” is defined as spouse, domestic partner, mother, father, grandmother, grandfather, children, siblings and their spouses and “persons living in the same household” shall mean people who share the same residence at least three (3) months a year, whether legally related or not.
By entering this Sweepstakes, Entrant agrees to be bound by these Official Rules and the decisions of the Sponsor, which are final and binding in all respects and cannot be challenged or appealed.
HOW TO ENTER: During the Promotion Period, there are two (2) ways to enter:
- Online: During the Promotion Period, an eligible entrant may visit AmericanCharitiesSweeps.com and purchase one (1) Dining Advantage® Savings Code plus one (1) Sweepstakes entry. Entrant will be prompted to complete the purchase in its entirety to include first name, last name, street address, city, state, zip, mobile phone number, and email address. All sales are final and no refunds will be issued. To learn more about Dining Advantage® Savings Codes, visit www.DiningAdvantage.com for complete terms and conditions, participating merchants, and offers.
- Alternative Means of Entry (“AMOE”): To obtain an entry without making a purchase, Entrant must legibly handprint their name, street address, city, state, ZIP code, mobile phone number, and complete e-mail address on a standard 3” x 5” card and mail in a handwritten envelope which includes a handwritten return address in the upper left-hand corner that matches Entrant’s street address. Entrant is not permitted to use any third party to assist with the entry process in any way. The envelope must have sufficient postage and be free of any extraneous decoration, drawing, stickers, or tape. Mail to: American Charities Sweepstakes, 164 South Myrtle, Suite 1, Villa Park, IL 60181 (“Mail-In Entry”). Limit one (1) Mail-In Entry per envelope. Mail-In Entry and envelope must be legibly handwritten. Mechanical reproductions, postage-due, Mail-In Entries sent in excess of the entry limits will not be accepted. Mail-In Entries received without a verifiable and legible residential return address as required herein or in any adorned envelope will be deemed incomplete and void. Mail-In Entries must include all required information (as provided above) to be considered a valid entry. Bulk shipments (multiple entries in one shipping package) will not be accepted and will be destroyed. Mail-In Entry must be postmarked no later than five (5) days prior to the end of the Promotion Period and received no later than the end of the Promotion Period. Earn one (1) entry per valid Mail-In Entry. Entrant is limited to one (1) Mail-in Entry during the Promotion Period. Requests for confirmation of receipt of Mail-In Entry will not be acknowledged. No photo copies, facsimiles, or reproductions of Mail-In Entry will be accepted. Sponsor is not responsible for late, lost, damaged, stolen, incomplete, illegible, postage due, or misdirected entries. Proof of mailing does not constitute proof of delivery. By using this AMOE method, Entrant agrees that any other entries using other methods will be void. All information must be complete to be eligible.
REFERRAL BONUS ENTRY: Entrant may also earn bonus (additional) $25 Dining Advantage® Savings Codes and entries into the Sweepstakes. After an Entrant to the Sweepstakes submits their entry form through the Online method described above, Entrant will be prompted with an opportunity to obtain additional $25 Dining Advantage® Savings Codes and entries into the Sweepstakes by completing one or more of the following:
Using the Sweepstakes interface, Entrant may select the option to "Refer a Friend". Entrant will be given the option to send a "Refer a Friend" message via email or to copy a message and unique referral link to share on social media and in personal emails.
- Refer a Friend Email: Using the email invitation tool, Entrant may supply the email addresses of up to three (3) friends in the fields indicated. After submission, an email will be sent to each provided email address with the Entrant’s unique referral code and an invitation to visit AmericanCharitiesSweeps.com to purchase a Dining Advantage® Savings Code and an entry into the Sweepstakes. Entrant may only send an email invitation to persons with whom they have an existing relationship and with whom a message sent on their behalf would not be considered spam. Entrant will receive one (1) bonus $25 Dining Advantage® Savings Code and one (1) bonus entry into the Sweepstakes for each individual who uses Entrant's unique referral link to purchase a Dining Advantage® Savings Code plus an entry into the Sweepstakes. For clarity, Entrant will not earn bonus entries for using the email invitation tool, rather the bonus entry will only be earned, as described below, for a valid purchase made using Entrant's referral link.
- Share Unique Referral Link: Using the Copy Link tool to invite their friends/followers to enter the Sweepstakes, Entrant may copy the provided invitation message with a unique referral link to their clipboard, which Entrant may publish to their personal social media timelines or send through personal emails. Entrant may post such referral link a maximum of one (1) time per day during the Sweepstakes Period on a maximum of one account per social media platform. Entrant will receive one (1) bonus $25 Dining Advantage® Savings Code and one (1) bonus entry into the Sweepstakes for each individual who uses Entrant's unique referral link to make a purchase of a Dining Advantage Savings Code and Sweepstakes entry on Sponsor’s website. For clarity, Entrant will not earn bonus entries and savings codes for posting the unique referral link, rather the bonus entry and savings code will only be earned, as described below, for a valid purchase made using Entrant's unique referral link. Anyone using multiple accounts on a social media platform or spamming any message boards will be found ineligible. All social media timelines must be set to public during the Promotion Period and for 30 days thereafter. All shares of the unique referral link must be accompanied by disclosure that use of the unique referral link may earn the Entrant bonus entries and savings codes into the Sweepstakes.
For each valid purchase made using Entrant's unique referral link, which was obtained through the email invitation message or social media share described in these Official Rules, Entrant will receive one (1) additional $25 Dining Advantage® Savings Code and one (1) additional entry into the Sweepstakes drawing.
Multiple participants are not permitted to share the same mobile phone, email account, or social media account. Entrant may not send more than one (1) email invitation to the same person during the Sweepstakes Period.
Message and data rates may apply.
All rules, guidelines, and terms and conditions of the social media accounts apply. By including the hashtag #Sweepstakes in their post, Entrant is confirming their acceptance and agreement to these Official Rules.
Any attempt(s) made by the same individual to submit more than the permitted number of entries by using multiple emails/mobile numbers/accounts, false contact information, or otherwise may result in the Entrant being disqualified. Entries generated by a script, computer programs, macro, programmed, robotic or other automated means are void and may be disqualified. Entries that are in excess of any stated limits, incomplete, illegible, corrupted, damaged, destroyed, forged, false, lost, late or misdirected, deceptive or otherwise not in compliance with the Official Rules may be disqualified from the Sweepstakes at Sponsor’s sole and absolute discretion. Entries submitted by Entrants who do not meet the eligibility requirements (including all requirements with respect to age and residence) are void. All materials submitted become the physical property of Sponsor and will not be returned. In the event of a dispute over the identity of an Entrant, entry will be deemed submitted by the registered account holder of the email address or social media account associated with the entry, provided that person is eligible. Prizewinners may be required to show proof of being the registered account holder. “Registered account holder” is defined as the natural person assigned to an email address by an Internet access provider, on-line service provider, or other organization responsible for assigning email addresses for the applicable domain or to a social media user name by the applicable social platform. In the event a dispute regarding the identity of the individual who actually submitted an entry cannot be resolved to Sponsor’s satisfaction, the affected entry will be deemed ineligible. Those who do not follow all of the instructions, provide the required information in their entry form, or abide by these Official Rules and/or other instructions of Sponsor may be disqualified. The Sweepstakes Entities may run multiple campaigns, contests, sweepstakes or other promotions simultaneously. Entry into one (1) campaign, contest, or sweepstakes does not constitute entry into any other.
WINNER SELECTION PROCESS: Sponsor will conduct a random drawing approximately three (3) days after the end of the Promotion Period, from among all eligible entries received during the Promotion Period, to determine the winners. All winners will be notified by email or mobile phone within 48-hours of the drawing using the information provided upon entry.
Should the Prize be forfeited, Sponsor may, at Sponsor’s sole discretion, choose another winner.
If a potential winner is found ineligible or fails to comply with these Official Rules or any additional supplemental rules, that individual’s claim to a prize is forfeited and an alternate qualifying and eligible Entrant may be selected, at Sponsor’s sole discretion.
All prizes legitimately claimed will be awarded.
The potential Grand Prize or Consolation Prize winner will be determined by the potential Grand Prize winner selecting a four-digit number, where each digit can be any numeral from 0-9, that matches exactly the pre-determined four-digit number generated by Sponsor prior to the start of this Sweepstakes and sealed in an envelope placed in a secure location. The potential Grand Prize winner will be provided specific instructions on submitting their selected four-digit number to Sponsor. If, and only if, the potential Grand Prize winner’s four-digit number is an exact match to the pre-determined four-digit number generated by Sponsor, the potential Grand Prize winner will win $100,000 to share with a charity of their choice, subject to Sponsor’s guidelines. The potential Grand Prize winner will remain the potential Grand Prize winner until all required documents have been submitted as required. If the potential Grand Prize winner’s four-digit number does not match exactly to the Sponsor’s pre-determined four-digit number, the potential Grand Prize winner will become the Consolation Prize winner. If the Grand Prize (as defined below) is awarded, then no Consolation Prize (as defined below) will be awarded.
PRIZING: There will only be one (1) Grand Prize winner or one (1) Consolation Prize winner. Under no circumstances will both a Grand Prize and a Consolation Prize be awarded. In addition to the Grand Prize or Consolation Prize, there will also be one-hundred (100) Second Prizes awarded in the Sweepstakes. A total of one-hundred and one (101) prizes will be awarded.
Grand Prize: One (1) $100,000.00 Grand Prize, which will be awarded as $50,000 to the Grand Prize winner and $50,000 directly to the Grand Prize winner’s charity of choice (subject to Sponsor’s approval), if all eligibility requirements are met and the four-digit number matches.
Consolation Prize: One (1) $1,000.00 Consolation Prize, which will be awarded in the form of a check or cash deposit payable to the Consolation Prize winner.
Second Prize: One hundred (100) $25 Dining Advantage Savings Codes (subject to terms and conditions)
Total approximate retail value (“ARV”) of the all prizes guaranteed to be awarded : $3,500.00.
All federal, state and local taxes on a prize are the sole responsibility of the Prize winner. Prize or any portion thereof is not transferable or redeemable for cash. No substitutions for prize except by Sponsor, in which case a prize of equal or greater value will be substituted.
CHARITABLE ORGANIZATION CRITERIA: The charitable organization selected by the Grand Prize winner is subject to approval by the Sponsor, in their sole and absolute discretion. Sweepstakes Grand Prize winner may suggest three (3) 501(c)(3) charitable organization of their choice; however, Sponsor reserves right to make final selection or select a charity aligned with Sponsor’s corporate values. Grand Prize winner or their immediate family cannot be, or have been for the past three (3) years, an officer or director of the charitable organization. All charitable organizations must have a determination letter issued by the Internal Revenue Service dated 2020 or prior; be located in the United States; agree to sign an affidavit related to the acceptance of the donation; not be affiliated with or advocate for a particular political party or religious organization/philosophy; not be a family foundation; and meet any other criteria set by the Sponsor in their sole discretion.
GENERAL RULES: Winners may be required to sign and return an Affidavit of Eligibility/Publicity and Liability Release, and for any prize valued at $600 or more an IRS Form-W9, within the time period designated in the notification or Prize will be forfeited and, at Sponsor’s sole discretion, an alternate winner determined at random from among the remainder of all eligible entries. Should the potential Prize winner (or any other alternate potential Prize winner) decide to decline the Prize for any reason whatsoever, Sponsor shall have no further obligation to that potential Prize Winner, and, at Sponsor’s sole discretion, an alternate potential Prize winner may be selected, if time permits. Taxes and fees related to the Prize are the sole responsibility of the Prize winner regardless of whether an IRS Form-1099 is issued by the Sponsor.
Acceptance of a prize constitutes permission to the Sponsor to use Prize winner’s name and/or likeness for purposes of advertising and trade without further compensation, unless prohibited by law. By accepting the Prize, Prize winner agrees to hold Sweepstakes Entities harmless against any and all claims and liability from any accident, loss or injury occurring from this promotion or in any way related to the prize or use/misuse thereof. No substitution or transfer of Prize allowed, except at Sponsor’s sole discretion. Sweepstakes Entities shall not be liable for any printing or other errors or for delays in internet transmission or mail service. All entries become the property of Sponsor and will not be acknowledged or returned. By participating in this promotion, Entrant agrees to be bound by these Official Rules, and additional supplementary rules, and the decisions of the Sponsor, which are final and binding. Any questions, comments, or complaints regarding the promotion are to be directed to the Sponsor at the address below.
Limit of one (1) prize per person.
DISCLAIMERS: By participating in the Sweepstakes, Entrant agrees to release, discharge, indemnify and hold harmless the Sweepstakes Entities, the grocery store which generated the register tape, Entertainment®, Twitter, Inc., Facebook, Inc., Instagram, Inc., LinkedIn Corp., Microsoft Corp., YouTube, Inc., Alphabet, Inc., and each of their respective directors, officers, employees, agents, successors and assigns (the “Released Parties”) from and against any and all claims, liability, costs (including attorneys’ fees), losses, damages, fines or injuries (up to and including bodily injury and death) of any kind arising out of or related to: (i) Entrant’s participation in the Sweepstakes; (ii) any acceptance, possession, misuse or use of any prize (including, without limitation, losses, damages or injuries to Entrant’s or any other person’s equipment or other property, or to their persons, including those arising from any travel to/from any prize event or activity); (iii) the Released Parties’ violation of rights of publicity or privacy, claims of defamation or portrayal in a false light or based on any claim of infringement of intellectual property; and (iv) any typographical, human or other error in the printing, offering, selection, operation or announcement of any Sweepstakes activity and/or prize. Without limiting the generality of the foregoing, Entrants agree that the Released Parties have neither made nor will be in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, in connection with the Sweepstakes and/or with respect to prizes, including, without limitation, to any prize’s quality or fitness for a particular purpose. Entrant agrees that the Released Parties shall have no responsibility or liability for discontinued prizes; human error; incorrect or inaccurate transcription of registration and/or account information; any technical malfunctions of the telephone or data network, computer online system, computer dating mechanism, computer equipment, software, social media platform, or Internet service provider utilized by Sponsor; interruption or inability to access the website, application or any online service via the Internet due to hardware or software compatibility problems; any damage to Entrant’s (or any third person’s) computer or mobile device and/or its contents related to or resulting from any part of the Sweepstakes; any lost/delayed data transmissions, omissions, interruptions, viruses, bugs, defects; and/or any other errors or malfunctions, even if caused by the negligence of the Released Parties. Each Entrant further agrees to indemnify and hold harmless the Released Parties from and against any and all liability resulting or arising from the Sweepstakes and to release all rights to bring any claim, action or proceeding against Released Parties and hereby acknowledge that the Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to a prize, including express warranties provided exclusively by a prize supplier that may be sent along with a prize. The Released Parties are not responsible for any changes or unavailability of the internet service provider or the social media platform used for purposes of administering this Sweepstakes that may interfere with the Sweepstakes (including any limitations, any restrictions, or any conditions on Sponsor’s ability to use the website or social media platform for the Sweepstakes as set forth herein that are not acceptable to Sponsor) or ability of Entrant to timely enter, receive notices, or communicate with Sponsor via email, in which case Sponsor, in its sole discretion, may terminate or modify the Sweepstakes.
The Sweepstakes Entities are not responsible for human errors or for any damaged, tampered with, delayed, illegible, incomplete, inaccurate, garbled, late, lost, forged, misaddressed, misdirected, mutilated, mass machine-generated, unintelligible, incomprehensible, stolen entries or entries otherwise not in compliance with these Official Rules or any additional supplemental rules. In addition, Sweepstakes Entities are not responsible for any typographical errors in these Official Rules or any additional supplemental rules, Sweepstakes content or any advertising materials for the Sweepstakes, or for any kind of computer, electronic, hardware, software, Internet, network, data, technical or telephone failures and/or problems caused by the Sponsor and/or the Sweepstakes Entities or the user, or by any of the equipment or programming associated with or utilized in the Sweepstakes, or by any human, typographical, electronic, network or other error that may occur in receiving and/or processing of the entries in the Sweepstakes, or by infection by computer viruses, bugs, tampering, unauthorized intervention, fraud or technical failure.
If the Sweepstakes becomes compromised, hampered, interrupted, not capable of running as planned, rendered impossible of performance in any way or prevented, including, without limitation, because of any kind of computer viruses, bugs, electronic, hardware, software, Internet, network, technical or telephone failures, tampering, unauthorized intervention, fraud, an event of force majeure or any other cause created by Sponsor and/or the Sweepstakes Entities, any user or Entrant, or by any of the equipment or programming associated with or utilized in the Sweepstakes, Sponsor reserves the right, at its sole discretion, to change the Official Rules, to cancel, modify, suspend, or withdraw the Sweepstakes or any Sweepstakes offer and/or cancel, modify, suspend, or withdraw any method of entry, without notice, and select prize winners from all valid entries received for the Sweepstakes prior to or after the cancellation, modification, suspension or withdrawal. As used herein, an event of force majeure shall be deemed to include, without limitation, an act of God or public enemy; an act or threat of terrorism, war (declared or undeclared), riot or civil commotion, fire, flood, natural or man-made epidemic of health or other means, earthquake, explosion, labor dispute or strike, riot or civil disturbance, public health crisis (e.g. COVID-19, SARS, Ebola, Measles), casualties, satellite or equipment failure, boycott; labor dispute, strike or stoppage (including a strike by the members of any union), labor or material shortage, transportation interruption of any kind, an act, regulation, order or request of or by any federal, state or local authority or quasi-governmental entity (whether or not the act, regulation, order or request proves to be invalid); order or any court or jurisdiction, or any other cause not reasonably within the Sponsor’s control.
GENERAL CONDITIONS OF ENTRY: All Entrants, as a condition of entry, agree that they have not been required to purchase any kind of product or service whatsoever in order to participate in and/or enter the Sweepstakes. The Sweepstakes Entities are not responsible for the actions of Entrant in connection with the Sweepstakes, including Entrant’s attempts to circumvent the Official Rules or any additional supplemental rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Sweepstakes. Persons found tampering with or abusing any aspect of this Sweepstakes, or whom Sponsor believes to be causing malfunction, error, disruption or damage may be disqualified. Additionally, any attempt to cheat the Sweepstakes, as determined in the sole and absolute discretion of Sponsor, may result in immediate disqualification of the Entrant, as well as other possible consequences, including disqualification from any and all existing and future sweepstakes. ANY ATTEMPT BY A PERSON TO DAMAGE ANY WEBSITE (INCLUDING ANY SOCIAL MEDIA PLATFORM OR APPLICATION) OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK ALL LEGAL AND EQUITABLE REMEDIES FROM AND AGAINST ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor reserves the right, in its sole and absolute discretion, to disqualify (or terminate the prize of) any individual who is found to be, or suspected of, acting in violation of these Official Rules or any additional supplemental rules, or to be acting in an unsportsmanlike, obscene, immoral, or disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person.
Entrant further understands and agrees that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release(s) are hereby expressly and forever waived. Entrant acknowledges that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” 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.
GOVERNING LAW: The parties agree that the Sweepstakes and these Official Rules or any additional supplemental rules will be governed, construed and interpreted under the laws of the State of Illinois, without giving effect to any choice of law or conflict of laws rules (whether of the State of Illinois or any other jurisdiction) which would cause the application of the laws of any jurisdiction other than the State of Illinois.
DISPUTE RESOLUTION: Entrants, Sponsor, Sweepstakes Entities, and the Released Parties (each, a “Party” and collectively the “Parties”) each agree to fully and finally settle all disputes only through binding arbitration; provided, however, the Sponsor shall be entitled to seek injunctive or equitable relief in the state and federal courts serving DuPage County, Illinois and any other court with jurisdiction over the Parties. In arbitration, there is no judge or jury and review is limited. The arbitrator’s decision and award are final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The Parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to this Sweepstakes shall be resolved solely by binding arbitration conducted in English before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. (“JAMS”) or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a “Demand for Arbitration”, then either Party can elect to have the arbitration administered by the American Arbitration Association (“AAA”) or any other mutually agreeable arbitration administration service. If an in-person hearing is required, then it will take place in DuPage County, Illinois. The federal or state law that applies to these Official Rules will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn’t apply and the dispute must be brought in a court of competent jurisdiction serving DuPage County, Illinois.
Scope. This agreement to arbitrate claims and disputes is intended to be broad and includes, without limitation, (i) claims or disputes relating to any aspect of the Sweepstakes, whether based in contract, tort, statute or any other legal theory, (ii) claims or disputes directly or indirectly arising from conduct or events that occurred prior to the effective date of these Official Rules or any additional supplemental rules (including, without limitation, claims relating to advertising), or after its termination, (iii) claims or disputes subject to class action litigation in which you are not currently a member of a certified class, and (iv) claims or disputes with any agent, employee, successor or assign of you, the Sponsor, or the Sweepstakes Entities (all such claims and disputes are referred to collectively as “Claims”). This agreement to arbitrate does not, however, include Sponsor’s Claims pertaining to intellectual property rights.
No Preclusive Effect. No award or finding or stipulation of fact by the arbitrator will have any preclusive or collateral estoppel effect in any other arbitration or court, unless it involves the exact same parties.
Severability. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable or illegal provision were not contained herein.
Notwithstanding the foregoing, Sponsor may seek equitable relief in any court of competent jurisdiction.
LIMITATION OF LIABILITY: BY ENTERING THE SWEEPSTAKES, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED FIVE DOLLARS ($5.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (C) 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 OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED FIVE DOLLARS ($5.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (D) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
WINNER LIST: For the name of the winner(s) send a #10 self-addressed stamped envelope for receipt by October 1, 2021 to: American Charities Sweepstakes $100,000 Charity Winners List Request, 164 South Myrtle, Suite 1, Villa Park, IL 60181.
SPONSOR: This Sweepstakes is sponsored by American Charities Sweepstakes, 164 South Myrtle, Suite 1, Villa Park, IL 60181. Reference to third parties in connection with prizes and/or third-party websites or services are for reference and identification purposes only and not intended to suggest endorsement, sponsorship, or affiliation with Sponsor or the Sweepstakes.
American Charities Sweepstakes and their logos are trademarks of Reward Marketing, LLC. All trademarks, service marks, logos, products, or service names are the property of their respective owners. Dining Advantage® is used with permission. This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Twitter, Inc., Facebook, Inc., Instagram, Inc., or any other third-party not specifically designated by Sponsor. Information is being provided solely to Sponsor in accordance with these Official Rules.
© 2021 American Charities Sweepstakes. All rights reserved. These Official Rules may not be copied, edited, or used for any other purpose, commercial or otherwise.