Official rules and legal stuff
SHANIA TWAIN SWEEPSTAKES PROMOTION OFFICIAL RULES
NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN. VOID WHERE OTHERWISE PROHIBITED. IFONLY REGISTRATION AND ACCESS TO THE INTERNET REQUIRED.
1. Promotion. This promotion being sponsored by the Shania Kids Can (the “Promotion”) shall begin at 03:00:00 Pacific Time (PT) on October 14, 2019 and conclude at 15:00:00 on November 21, 2019 (“Promotion Period”). From all eligible entries received in connection with the Promotion, one (1) winner (“Prize Winner”) will be determined, as set forth in Section 6 below. Participation in the Promotion is described, regulated and clarified by, and wholly subject to, the provisions of these official rules (the “Official Rules”). Sponsor and Administrator. The Promotion will be sponsored by TRAINA INTERACTIVE CORP (“IfOnly”), located at 150 Green Street, 3rd floor, San Francisco, CA 94111. The Promotion is operated on behalf of Sponsor by Brandmovers, Inc. at 590 Means Street, Suite 250, Atlanta, GA 30318 (“Contractor” and “Administrator”).
2. Eligibility. The Promotion is open only to individuals who: (a) are eighteen (18) years of age or older upon commencement of the Promotion Period; (b) have registered for a user account on the IfOnly website; and (c) are residents of the U.S.A. or Canada, excluding residents of Quebec. Directors, officers and employees of Sponsor, Administrator and Contractor, and their respective affiliates, subsidiaries, advertising and promotional agencies, and all other entities or individuals associated with the development, administration, or fulfillment of this Promotion, if any (collectively, the “Promotion Entities”), and the immediate families of such persons (defined as spouse, child, sibling, parent or grandparent or so-called “step” or “half’ variations of any of the preceding individuals), and those living in their same households, are ineligible to participate, enter, win or collect prizes in the Promotion. Only individuals meeting all eligibility requirements set forth in these Official Rules may participate in the Promotion or win a prize (each one, an “Entrant”). The Promotion is subject to all international, federal, state and local laws and regulations and is VOID in all locations and jurisdictions where the administration of the Promotion, or the fulfillment or awarding of any prize, is in any way prohibited or restricted.
3. How to Enter. Registration to enter the Promotion is hosted on the promotional microsite located at www.IfOnly.com/Shania during the Promotion Period (“Registration”). For each donation of ten dollars ($10.00), an Entrant will receive one hundred (100) sweepstakes entries will be provided. For any donation exceeding one hundred dollars ($100.00), an Entrant will receive double the number of entries described above. Entry levels are displayed on the program website. Registration and entry constitute Entrant’s agreement to receive emails for prize notification and instruction on how to claim a prize. Creation of multiple IfOnly Accounts by or on behalf of the same person will result in ineligibility with respect to all such IfOnly Accounts and any Promotion participation associated with any such Registration(s). Any use of robotic, repetitive, automatic, programmed or similar Registration or play methods or agents will void all Accounts made by, or associated with, the applicable Entrant. At the time of Registration and/or Prize redemption, each Entrant will be required to indicate his/her acceptance to the Official Rules where indicated; provided, however, that any participation in the Promotion constitutes and is deemed such Entrant’s full and unconditional agreement to the Official Rules and any and all decisions of Administrator, Sponsor and any third-party judges, which are final and binding in all respects. All information submitted by Entrants in connection with this Promotion is being submitted to Administrator, Contractor, Sponsor. To enter the Promotion and receive one hundred (100) entries without making a donation, please mail handwritten addressed postcards with your full name, email address, phone number and mailing address to:
Shania Twain Sweepstakes
150 Green 3rd floor St.
San Francisco, CA 94111
4. Random Drawing. On or about November 25, 2019, Administrator, Contractor and/or Sponsor shall select one (1) Entrant to be the potential Grand Prize winner by random drawing from among all eligible entries received (hereinafter, the “Grand Prize Winner”). Odds of winning depend on the number of eligible entries received. The Entrant selected as Grand Prize Winner will be notified on or about the day of the random drawing, by email, to the address connected to the Entrant’s IfOnly account. Sponsor will make up to three (3) attempts to reach the Entrant selected as Grand Prize Winner. In the event that: (i) Sponsor is not able to reach such individual after three (3) attempts; (ii) the Entrant selected as Grand Prize Winner fails to execute and return all documentation within the required time (as described in Section 7 herein); or (iii) is found to be ineligible or is non-compliant with the Official Rules for any reason, then such prize will be deemed forfeited and Administrator may select another Entrant, as time permits, through a random drawing from among all remaining eligible entries. In such cases where a prize is not accepted or where a prize is forfeited, there will be up to three (3) alternate drawings, after which the prize, if not accepted by an eligible winner, will not be awarded.
5. Prize and Approximate Retail Value: One (1) Grand Prize, which includes:
Meet Shania at her band/dancer rehearsals for an exclusive sneak peek of her new Vegas show;
Join the cast of Count’s Kustoms for a behind-the-scenes tour of CK’s motorcycle shop and a special preview of their rebuild of the iconic chopper from Shania’s last Vegas show;
Meet Shania for some one-on-one time before her Opening Night reception;
Join Shania on-stage for a photo and reveal of CK’s custom chopper;
Receive ownership of the new chopper
Receive two (2) seats at VIP table for opening night on December 6th 2019, along with:
Hotel accommodations for two (2) at Planet Hollywood for (2) nights;
Roundtrip airfare for two (2) from the continental U.S. or Canada to Las Vegas.
Actual retail value of trip may vary based on point of departure and airfare fluctuations but is roughly fifteen thousand dollars ($15,000.00). Any difference between stated approximate retail value and actual value of Grand Prize will not be awarded. All travel is subject to blackout dates and must be completed between December 04, 2019 and December 07, 2019, or will be forfeited. All other costs, fees and expenses not specifically identified in these Official Rules (including meals, gratuities, luggage fees, incidental hotel charges and any other travel-related expenses) are the responsibility solely of the Grand Prize Winner. Travel changes will not be accepted after reservations have been booked. Administrator and Sponsor will not replace any lost, mutilated or stolen tickets, vouchers or other certificates or cards. Administrator, Contractor and Sponsor are not responsible if the Grand Prize Winner does not use any portion of the Grand Prize. Memorobilia items are for display purposes only and are sold as-is. The Promotion Entities and their respective employees, contractors, directors and officers, and their respective parents, subsidiaries, franchisees, divisions, affiliates, suppliers, distributors, advertising and promotional agencies, as applicable, and their respective officers, directors, shareholders, members, employees, agents, successors and assigns, and all others associated with the development, promotion, evolvement and execution of this Promotion, are not responsible for any issues arising if the Grand Prize, or any part thereof, cannot be awarded due to travel cancellations, delays or interruptions due to any acts of God, action(s), regulations(s), order(s), or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulation(s), order(s), or request(s) prove to be invalid), equipment failure, terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot or any other cause beyond Administrator, Contractor or Sponsor’s sole control, and shall not be responsible for any cancellations, delays, diversions, or substitutions or any act or omissions whatsoever by the air carrier(s), hotel(s), or other transportation companies or any other persons providing any of these services and accommodations to passengers including any results thereof such as changes in services or accommodations necessitated by same. All event tickets are subject to certain terms and conditions as specified thereon. The Grand Prize Winner and guests agree to comply with all applicable event rules and regulations.“Vehicle will be delivered via a transport service to the winner’s provided home address within the 48 contiguous United States, excluding Washington D.C., Florida Keys or in any of the five (5) boroughs of Manhattan, New York. If the Grand Prize winner resides in an area where delivery is unavailable, Vehicle delivery will be arranged for a location that is outside of the undeliverable area and is as close to the winner's provided home address as possible. All associated delivery fees and taxes, are the responsibilitiy of the Grand Prize winner, not Shania Twain, IfOnly or the Shania Kids Can foundation. Vehicle color and options will be determined by Sponsor. Any picture of the Vehicle in advertising is for illustration only and may not be identical to the prize Vehicle. Vehicle is awarded with the standard warranty provided by the Vehicle’s manufacturer only. Grand prize winner is solely responsible for possessing any necessary license, insurance, or other documents to operate the Vehicle, and for any fees or expenses in connection with acceptance or operation of the Vehicle not expressly described herein as being awarded, including, without limitation: (I) title and license, (II) insurance and registration fees, and (III) any income taxes due as a result of acceptance of the grand prize."
6. How to Claim the Grand Prize. The Entrant selected as Grand Prize Winner will be instructed how to claim such Prize via email before the Grand Prize is awarded. The Grand Prize Winner may be required, in Administrator’s or Sponsor’s sole discretion, to complete, sign and return an Affidavit of Eligibility (“Affidavit”) and, where lawful, a Liability/Publicity Release (“Release”) (collectively, “Affidavit and Release”) within the time period specified at the time of notification. If the requested Affidavit and Release are not signed and returned prior to the time deadline indicated in the documents, or if a potential Grand Prize Winner does not meet eligibility criteria set forth in these Official Rules, or is otherwise unwilling or unable to comply with these Official Rules, or cannot be contacted within seven (7) days of Administrator’s or Sponsor’s initial attempt to contact such Grand Prize Winner, an alternate Grand Prize Winner will be selected by Administrator and/or Sponsor by random drawing from among the remaining eligible entries. Upon receipt and verification of the Affidavit and Release and compliance with the Official Rules, Grand Prize Winner will be contacted with further details as to how Prize Winner may redeem the Grand Prize. No more than the advertised number of Prizes will be awarded.
7. Odds of Winning. The odds of winning a Prize depend on the total number of eligible Entrants that participate in the Promotion.
8. General Conditions. Neither Sponsor nor any of the other Released Entities (defined below) are responsible for any technical problems associated with the IfOnly Program, the Promotion, or for any incorrect or inaccurate Account or Entrant information, whether caused by Entrant, tampering, or by any of the equipment or programming associated with or utilized in the Promotion, and neither Sponsor nor any of the Released Entities (defined in Section 10 below) assume responsibility for any error, omission, defect, destruction, or unauthorized access to the Program, any Accounts, or any other materials related to the Promotion. Administrator, Contractor and Sponsor reserve the right, in their sole discretion, to disqualify any individual found to be tampering with the process or the operation of the Promotion, to be acting in violation of these Official Rules, or to be acting in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten, or harass any other person. If for any reason the Promotion is not capable of running as planned by reason of, but not limited to, tampering, unauthorized intervention, actions by Entrants, fraud, or any other causes which, Administrator, Contractor and/or Sponsor in their sole opinion, deems could corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Promotion, Administrator, Contractor and/or Sponsor reserve the right, in their sole discretion, to cancel, terminate, modify, or suspend the Promotion. If the Promotion or any portion of the Promotion is terminated before the end of the Promotion Period, Administrator and/or Sponsor will select Prize Winners in a random drawing from among the eligible Entrants participating in the Promotion as of the termination date of the Promotion. In the event that a Prize cannot be awarded for any reason, or a Prize Winner is not capable of redeeming, or otherwise fails to redeem, a Prize for any reason, Administrator and/or Sponsor reserve the right, in their sole discretion, to substitute any Prize (or portion of a Prize) with a Prize of comparable or greater value, or award a Prize to a substitute winner from among all remaining eligible Entries, as necessary. If, for any reason, more than the stated number of prizes are available and/or claimed, Administrator and/or Sponsor reserve the right to award the available Prizes by random drawing from among the applicable claimants. An individual is not a Prize Winner until he or she has fully complied with these Official Rules. No transfer, assignment, cash redemption or substitution of a Prize is permitted without written consent of Sponsor. No portion of the Prize has any cash value and no portion of the Prize may be sold, offered for sale, assigned, transferred, offered for transfer, duplicated or exchanged for cash, merchandise or services, in whole or part, without the advance written consent of Sponsor. No portion of the Prize may be listed or offered for sale on eBay, Craigslist or similar auction websites. Administrator, Contractor and Sponsor are not responsible for any Prizes that are lost, stolen or misplaced.
9. General Release and Hold Harmless. By entering this Promotion and/or accepting a Prize, the Grand Prize Winner (for himself or herself and his or her heirs) hereby releases, holds harmless, and forever discharges each of the Promotion Entities, and all of their respective parents, subsidiaries, affiliates, advertising and promotion agencies, and all of their respective directors, officers, governors, employees, shareholders, and agents (collectively, the “Released Entities”) from any and all liability, loss, harm, damage, cost, or expense (collectively, a “Loss”) that: (i) is associated with the Entrant’s participation in this Promotion, redemption of any Prize in connection with this Promotion, attendance at any events related to this Promotion and/or use or misuse of any Prize, including, but not limited to, all reasonable counsel fees and court costs incurred, property damage, personal injury, and/or death; (ii) is related to the production, promotion, or execution of this Promotion (or participation therein), including claims based on publicity rights, defamation, or invasion of privacy; or (iii) may occur in connection with acceptance and/or use of the Prize or while participating in or traveling to any Prize-related activity.
10. Limitation of Liability. Except where prohibited, Promotion Entrants agree that: (i) any and all disputes, claims, and causes of action arising out of or connected with this Promotion, or any prize awarded, or the determination of the Grand Prize Winner, shall be resolved individually, without resort to any form of class action; and (ii) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion but in no event attorneys’ fees. IN NO EVENT WILL ANY OF THE RELEASED ENTITIES BE RESPONSIBLE OR LIABLE FOR ANY INJURIES, CLAIMS, ACTIONS, DAMAGES, LOSSES, OR LIABILITY OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM OR ARISING FROM PARTICIPATION IN, OR THE PRODUCTION, PROMOTION, OR ADMINISTRATION OF, THE PROMOTION, OR ACCEPTANCE, POSSESSION, USE, MISUSE, OR NONUSE OF A PRIZE THAT MAY BE AWARDED. WITHOUT LIMITING THE FOREGOING, ALL PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS. ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD ANY SUCH ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
11. No Waiver. The failure or delay by Administrator, Contractor or Sponsor in enforcing any particular clause, provision, or aspect of these Official Rules shall not impact the validity, enforceability, or effect of any other clause, provision, or aspect of these Official Rules.
12. Miscellaneous. By participating in the Promotion, each Entrant agrees to be bound by these Official Rules and the decisions or interpretations of Administrator, Contractor and Sponsor regarding the Official Rules, which are final and binding in all respects. Non-compliance with these Official Rules shall result in disqualification from the Promotion. By participating in the Promotion, each Entrant waives any right to claim ambiguity in these Official Rules. In the event of a dispute as to the identity of an Entrant or the Grand Prize Winner, the individual who was, at the time of entry, as determined by Administrator, Contractor or Sponsor, the documented registered holder of the email account used in connection with entry for the Promotion will be deemed the eligible Entrant or Prize Winner, as applicable. It is the sole responsibility of the Entrant to notify Administrator at firstname.lastname@example.org during the Promotion Period if his/her email address or any other contact information changes.
13. Publicity. Except where and as may be prohibited by law, acceptance of the Grand Prize constitutes the Grand Prize Winner’s express permission for Administrator, Contractor and Sponsor and its designees to use the Grand Prize Winner’s name, photograph, image, likeness, voice, opinions, hometown, state of residence, statement and any other identifying characteristics, including, but not limited to the taking of photographs and/or videos, in any manner and in any medium, not known or hereafter discovered or devised, worldwide in perpetuity, for purposes of advertising, marketing, trade, promotion and/or publicity, without further notice, review, approval or authorization by Grand Prize Winner and without payment or consideration to Prize Winner.
15. Venue and Choice of Law. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of Entrant and/or Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of Georgia without regard to conflicts of law/choice of law doctrine of Georgia or any other jurisdiction. All disputes, controversies or claims against Sponsor shall be finally resolved by arbitration to be held in Atlanta, GA and conducted in English under the Rules of Arbitration of the International Chamber of Commerce, and for Administrator, all proceedings shall take place exclusively either in the United States District Court for the State of Georgia, or the applicable state court located in Fulton County. 17. Winner’s List. For the name of the Grand Prize Winner (available after December 19, 2019), send a hand-printed, self-addressed, stamped envelope by December 18, 2019 to: Winners List, IfOnly Promotion, Brandmovers, Inc., 590 Means Street, Suite 250, Atlanta, GA 30318. Residents of Vermont may omit postage. Please direct any questions concerning the Promotion to: email@example.com. All entries and related sweepstakes products are non-refundable. A DONATION, PURCHASE OR PAYMENT WILL NOT INCREASE AN ENTRANT’S CHANCES OF WINNING.
16. Delivery of incentive items will arrive up to two (2) months from completion of Promotion Period. Physical items shipping costs will be added to the order at checkout.
17. The winner’s guest must be six (6) years of age or older as of beginning of the experience.
Copyright 2019 Brandmovers, Inc.