Sweepstakes Official Rules
Last Updated: August 20, 2021
NO ENTRY FEE. NO PURCHASE OR OBLIGATION IS NECESSARY TO ENTER OR WIN. A purchase will not improve the chances of winning. VOID WHERE PROHIBITED.
1. Promotion Period
The applicable sweepstakes (the “Sweepstakes”) begins and ends on the time and dates indicated in the additional terms found on the applicable Sweepstakes webpage (the “Promotion Period”).
2. Agreement to Official Rules
The Sweepstakes are governed by these official rules (“Official Rules”) and the ZAM End User License Agreement and Terms of Service available at https://corp.fanbyte.com/legal/terms (“EULA”). Additional terms specific to a particular Sweepstakes, including deadline(s), entry method(s) and particular prize(s), are incorporated by reference and can be found on the applicable Sweepstakes webpage. By entering or participating in the Sweepstakes, you accept and agree to be bound by these Official Rules, the EULA, the additional terms found on the applicable Sweepstakes webpage, and any decision ZAM Network LLC (“ZAM”) makes regarding the Sweepstakes, which ZAM shall make in its sole discretion.
In order to be eligible, participants must be at least eighteen (18) or older and legal residents of the 50 United States and Washington D.C. (including or excluding any jurisdictions as may be further specified on the Sweepstakes webpage) as of the date of entry, who have an active email account and Internet access. Any additional eligibility requirements will be indicated in the additional terms found on the applicable Sweepstakes webpage. Employees of ZAM and its parent company, affiliates, subsidiaries, advertising, promotion, fulfillment or other coordinating agencies, individuals providing services to ZAM through an outsourcer or temporary employment agency during the Promotion Period, and their respective immediate family members and persons living in the same household, are not eligible to participate in the Sweepstakes.
4. Entry Instructions
To participate in the Sweepstakes and be eligible for a potential prize, participants must complete one of the entry methods indicated on the applicable Sweepstakes webpage during the Promotion Period. One entry per individual, household and/or email address is permitted, regardless of method of entry, unless expressly set forth to the contrary in the additional terms found on the applicable Sweepstakes webpage. Multiple participants are not permitted to share the same email or other account needed for participation. Any attempt by any participant to obtain more than the stated number of entries by using multiple/different email or addresses, accounts, identities, registrations and logins, or any other methods will void that participant’s entries and that participant may be disqualified. Use of any automated, programmed or robotic system or the like entry methods to participate is prohibited and will result in disqualification. Each potential winner may be required to show proof of being the authorized account holder. All entries become property of ZAM and none will be acknowledged or returned.
5. Drawing; Notification of Winners
All Sweepstakes entries meeting the requirements of these Official Rules will be entered into the prize drawing. The number of winners will be indicated in the additional terms found on the applicable Sweepstakes webpage. Each winner will be selected by a random-chance drawing by independent persons or a computer program that randomly chooses the winner, from all eligible entries received and the random selection is final and binding, subject to the below. ZAM will notify winners by email, U.S. Mail at the address associated with the winner’s entry form, and/or by other means consistent with the Sweepstakes as soon as reasonably practicable following the drawing, but at least within seven (7) days of the drawing. ZAM is not responsible for any delay or failure to receive notification, including inactive account(s), technical difficulties associated therewith, or winner’s failure to adequately monitor any account. The winner must then respond to ZAM within fourteen (14) days or such other time frame as may be specified on the applicable Sweepstakes webpage. Winner, and any guest (if applicable), may be required to sign an affidavit of eligibility and liability and publicity release. Should the winner fail to respond to ZAM or cannot be contacted, is ineligible, fails to claim a prize and/or where applicable an affidavit of eligibility and liability and publicity release is not timely received, is incomplete or modified, the prize may be forfeited and ZAM reserves the right to disqualify that winner and select a new one in a second-chance random drawing from remaining valid, eligible entries timely submitted.
Each winner will receive the prize as indicated in the additional terms found on the applicable Sweepstakes webpage. No cash or other substitution, assignment or transfer of the prize is permitted, except at the sole option of ZAM, who has the right to substitute a prize with another of comparable or greater value. Winner is responsible for all income or other taxes and fees associated with the receipt and/or use of the prize. The odds of winning a prize depend on the total number of eligible entries received. ZAM will not replace any lost or stolen prizes. ZAM will use all reasonable efforts to deliver prizes in a timely fashion.
In the event of a dispute as to any participant, the authorized account holder of the email address associated with the entry will be deemed to be the participant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Each potential winner may be required to show proof of being the authorized account holder. ZAM will make final determination of identity of participants and timing of entries in its sole discretion.
8. Additional Conditions
ZAM reserves the right, in its sole discretion, to terminate, modify or suspend the Sweepstakes in whole or in part, if in ZAM’s opinion (a) the Sweepstakes is not capable of running as planned by reason of the occurrence of any event beyond its control including, but not limited to, fire, flood, epidemic, pandemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, communications, equipment failure, utility or service interruptions, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared), interference with the Sweepstakes by any party, or any federal, state, local or provincial government law, order, or regulation, order of any court or jurisdiction, or other cause not reasonably within ZAM’s control, or (b) any other factors beyond ZAM’s reasonable control corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Sweepstakes, in all instances without liability to the participants. ZAM also reserves the right to disqualify any participant or winner, as determined by ZAM, in its sole discretion.
9. List of Winner(s)
Individuals may request the name of the winner(s), after this information has become available, by sending an email message to email@example.com with “Winners List” as the email subject and the applicable Sweepstakes name specified in the body of the email. All such requests must be received within two (2) weeks of the end of the Promotion Period.
10. Personal Information
11. Disclaimers and Limitations on Liability
ZAM is not responsible for (a) late, lost, delayed, damaged, postage-due, incomplete, illegible, misdirected or undeliverable entries, responses, or other correspondence, whether by email or postal mail or otherwise; (b) theft, destruction, unauthorized access to or alterations of entry materials; or (c) phone, electrical, network, computer, hardware, software program or transmission malfunctions, failures or difficulties.
IN NO EVENT WILL ZAM BE LIABLE TO YOU OR ANY PARTICIPANT FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH YOUR PARTICIPATION IN THE SWEEPSTAKES, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT ZAM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
You agree to release, indemnify, defend and hold ZAM and its parent, affiliates, subsidiaries, directors, officers, employees, sponsors and agents, including advertising and promotion agencies, and assigns, and any other organizations related to the Sweepstakes, harmless, from any and all claims, injuries, damages, expenses or losses to person or property and/or liabilities of any nature that in any way arise from participation in the Sweepstakes or acceptance or use of a prize or parts thereof, including, without limitation, (a) any condition caused by events beyond ZAM’s control that may cause the Sweepstakes to be disrupted or corrupted; (b) the prize, or acceptance, possession, or use of the prize, or from participation in the Sweepstakes; and (c) any printing or typographical errors in any materials associated with the Sweepstakes.
Except where prohibited, by participating in the Sweepstakes, you consent to the use of your name, photograph, likeness, voice, opinions, information, biographical information, entry and statements attributed to you (if true), hometown and jurisdiction of residence for advertising, publicity and promotional purposes, including without limitation, inclusion in ZAM’s newsletters, social media accounts and affiliated websites and the applicable Sweepstakes webpage, without further compensation.
14. Governing Law
These Official Rules, and any action related thereto, will be governed by the Federal Arbitration Act, federal arbitration law and the laws of the State of California without regard to conflict of laws provisions. Except as otherwise expressly set forth in Section 15 “Dispute Resolution and Arbitration” the exclusive jurisdiction for all Disputes (defined below) that you and ZAM are not required to arbitrate will be the state and federal courts located in Los Angeles County, California and you and ZAM each waive any objection to jurisdiction and venue in such courts.
15. Dispute Resolution and Arbitration
- Mandatory Arbitration of Disputes. We each agree that any dispute, claim or controversy arising out of or relating to these Official Rules or the breach, termination, enforcement, interpretation or validity thereof or participation in the Sweepstakes (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and ZAM agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Official Rules, and that you and ZAM are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Official Rules.
- Exceptions. As limited exceptions to Section 15(I) above: (i) we both may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.
- Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by these Official Rules. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org. Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.
- Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules, and we won’t seek to recover the administration and arbitrator fees we are responsible for paying, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.
- Injunctive and Declaratory Relief. Except as provided in 15(II) above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the extent that you or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.
- Class Action Waiver. YOU AND ZAM AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ Dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution and Arbitration section shall be null and void.
- Severability. With the exception of any of the provisions in Section 15(VI) (“Class Action Waiver”), if an arbitrator or court of competent jurisdiction decides that any part of these Official Rules is invalid or unenforceable, the other parts of these Official Rules will still apply.
The sponsor of the Sweepstakes is ZAM Network, LLC (doing business as Fanbyte), 12777 W. Jefferson Blvd – Building E, Los Angeles, CA 90066.