Summer Giveaway Program
NO PURCHASE OR ACCOUNT REGISTRATION OBLIGATION IS NECESSARY TO ENTER OR WIN. CURRENT INTERNET ACCESS AND A CURRENT VALID EMAIL ACCOUNT ARE NECESSARY TO PARTICIPATE. THE SWEEPSTAKES IS OPEN ONLY TO LEGAL RESIDENTS (AS WELL AS THEIR GUEST(S)) OF THE UNITED STATES AND THE DISTRICT OF COLUMBIA WHO ARE AT LEAST 16 YEARS OLD AT TIME OF ENTRY. PARTICIPATION CONSTITUES PARTICIPANT’S FULL AND UNCONDITIONAL AGREEMENT TO AND ACCEPTANCE OF THESE “OFFICIAL RULES”. VOID WHERE PROHIBITED.
I. SPONSOR: the dtx company (the “Sponsor”) 45 Grand St, New York, N 10013
II. SWEEPSTAKES PERIOD: The Flowpage Summer Giveaway (the `"`Sweepstakes`"` or `"`Promotion`"`) begins, June 26, 2020, 12:00 a.m. Eastern Time (`"`ET`"`) (Start `"`Date`"`), and ends August 1, 2020, 11:59 p.m. ET, (`" `Promotion Period`"`). The computer clock of Sponsor’s webmaster is the official timekeeping device of the Sweepstakes.
III. ELIGIBILITY: The Sweepstakes is open to residents of the fifty (50) United States and District of Columbia (`"`D.C.`"`), who are at least the age of sixteen (16) at time of entry. Officers, directors and employees of the Sponsor, its respective subsidiaries, and each of its respective parent, subsidiary and affiliated companies, franchisees, advertising, promotional and judging agencies of each of the foregoing, and any other entity or persons that develops, produces or distributes materials for or related to this Promotion (collectively, `"`Released Entities`"`), and the immediate family members (defined as spouse, parents, grandparents, children, grandchildren, siblings, whether biological, adopted, step or in-law) of such individuals, or persons living in the same household as such individuals (whether related or not), are not eligible to participate in the Sweepstakes. The Promotion is subject to all applicable federal, state, local laws and regulations, and is void where prohibited by law. Winning a prize is contingent upon fulfilling all requirements set forth herein.
IV. CONDITIONS OF A MINOR ENTERING THE SWEEPSTAKES: An individual will be deemed a Participant (`"`Participant`"` or `"`you`"`) in the Sweepstakes. If a Participant is between the ages of 16 and 17 years old, or otherwise considered a minor in the jurisdiction of the Participant’s residence, the Participant is required to enter his or her parent or legal guardian’s first name, last name and e-mail address in addition to the Participant’s own name. The Participant will continue to submit the entry to completion, and an approval email will be sent to the parent or legal guardian confirming the entry, with the subject line “Flowpage Summer Giveaway!”. The parent/legal guardian can then elect to opt-out their child and prevent them from entering by clicking the link provided. If a parent/legal guardian does not elect to opt-out their child, the entry submitted will be accepted. A parent/legal guardian can opt-out their child at any time during the Sweepstakes Period.
V. HOW TO ENTER THE SWEEPSTAKES: Participants may enter the Sweepstakes using the following methods of entry:
VI. WINNER DRAWING, NOTIFICATION AND ODDS: Three (3) potential Winners (“Winner(s)”) will be randomly selected on or about August 10, 2020, by a third-party administrator (“the Administrator”), an independent judging organization, whose decisions are final in all matters relating to this Sweepstakes. The potential Winner will be notified by a phone call, text and e-mail. If the potential Winner cannot be contacted within two (2) days of notification, or does not respond with complete contact information as requested by text or voice message, or whose phone provider indicates that the phone number is invalid or unable to receive the communication (even if ultimately delivered thereafter), or found to be ineligible, cannot or does not comply with these Official Rules, or if his/her prize or prize notification is returned as undeliverable, such potential Winner will be disqualified and an alternate potential Winner may be selected at Sponsor’s sole discretion. The Released Entities are not responsible for and shall not be liable for late, lost, damaged, intercepted, misdirected, or unsuccessful efforts to notify the potential Winner. All methods of entry have an equal chance of winning. Odds of winning in this drawing depend upon the number of entries received by the time of the drawing.
VII. PRIZES (“Prizes”):
• One (1) Grand Prize Winner will receive $1,000 cash and a 13-inch MacBook Pro with 1.4GHz Quad-Core Processor with Turbo Boost up to 3.9GHz and 256GB Storage. Approximate Retail Value (“ARV”) $1000. Total Grand Prize ARV $2,000.00
• One (1) First Prize Winner will receive $1,000 cash and an Iphone 11 with 64 GB and a 5.1” Display. ARV $650. Total First Prize ARV is $1,650.00
• One (1) Second Prize Winner will receive $1,000 cash.
Total Prize ARV is $4,800.00 (USD)
The Prize is to be delivered to the Winner’s designated address that appears on the Product Order Receipt. Delivery of the Prize will be sent as soon as practical after the drawing, but in no event more than eight (8) weeks after the date Winner provides requested documents (Refer to Section VII). No transfer of Prize will be permitted. Sponsor reserves the right, at its sole discretion, to substitute any Prize package with another Prize of equal or greater value in the event that the advertised Prize (or any component thereof) is not available. All decisions by Sponsor as to Winners and Prizes are final.
VIII. PRIZE TERMS & CONDITIONS: Winners are required to comply with any and all applicable federal, state and local laws, rules and regulations. The value of the Prize that the Winner has been awarded will be taxable as income and the Winner is solely responsible for all matters relating to the Prize, including, but not limited to all applicable federal, state and local taxes that become due with respect to the Prize. The Winner will be obligated to execute an Affidavit of Eligibility and Liability/Publicity Release (collectively, the “Prize Acceptance Release”) and will receive a 1099 at the end of the year in which the Prize is awarded for tax purposes. Winner must execute and return the Prize Acceptance Release form, and a clear and readable photocopy of a legal document showing age and residence (a Driver’s License) Parents or legal guardians of a Winner under the age of majority in their state of residence may be required to also sign the Prize Acceptance Release and requires a Social Security number in order for the Winner to be qualified to receive their Prize. The Prize Acceptance Release is subject to verification by Sponsor. All such required documents must be received within five (5) business days following issuance of documents before any Prize is awarded. Signed scanned documents are also accepted. Winner will receive an IRS Form 1099 for the value of the Prize. If a potential Winner fails to return requisite documents within the specified time period, or if Winner is not in compliance with these Official Rules, then such person shall be disqualified and, an alternate Winner may be selected for the Prize at issue.
The Sweepstakes Prize offered by Sponsor is: (i) Non-transferable and non-refundable and must be accepted as awarded; (ii) The Release Entities make no warranty, guarantee or representation of any kind concerning any Prize; and disclaim any implied warranty; (iii) No substitution of the Prize is offered, no transfer of the Prize to a third party is permitted and any non-cash part of the Prize is not redeemable for cash value, except as determined by Sponsor in its sole discretion to substitute a Prize or Prize component with another item of comparable or greater value; (iv) Sponsor reserves the right to award a Prize of equal or greater value in the event that any of a published Prize becomes unavailable; (v) Any difference between the stated value of a Prize and the actual value of Prize will not be awarded; (vi) Upon forfeiture for any reason stated in these Official Rules, no compensation will be given except at the sole discretion of Sponsor; (vii) An unclaimed or undeliverable Prize will not be awarded after six (6) months of selection or the notification date; (viii) The Winner’s Entry and acceptance of the Prize offered constitutes permission (except where prohibited) for the Sponsor to use the Winner’s name, photograph, likeness, statements, biographical information, voice and address (city and state) for any and all public relations, advertising and/or promotional purposes as determined by Sponsor, in all forms of media and by all manners (now and hereafter known), in perpetuity, without notice, consent, review or approval or further compensation.
X. LIMITATIONS OF LIABILITY: If for any reason this Sweepstakes is not capable of running as planned for any reason, including, without limitation, due to infection by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical failures, fire, flood, storm, or other natural cataclysm, riot, strike, civil commotion, government regulation, or any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes (or any part thereof), the Sponsor reserves the right, in its sole discretion, to disqualify any individual who tampers with the entry process, and to terminate, modify or suspend the Sweepstakes, in whole or in part, at any time, without notice and award the prize(s) using all non-suspect eligible entries received as of or after (if applicable) this termination or suspension date. Released Parties assume no responsibility for any incomplete, incorrect, or inaccurate information, whether caused by web site users, tampering, hacking, or by any of the equipment or programming associated with or utilized in the Sweepstakes or by any technical or human error. Released Parties assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. The Released Parties are not responsible for any problems or technical malfunction of any telephone network or telephone lines, computer on-line systems, servers, or providers, computer equipment, software, failure of any e-mail or entry to be received by Sponsor on account of technical problems, human error or traffic congestion on the Internet or at any Website, or any combination thereof, including any injury or damage to participant`'`s or any other person`'`s computer (or any information/material stored therein) relating to or resulting from participation in this Sweepstakes or downloading any materials in this Sweepstakes. Any person who supplies false information, obtains entries by fraudulent means or is otherwise determined to be in violation of these Official Rules in an attempt to obtain any prize will forfeit any prize won and may be prosecuted to the full extent of the law. CAUTION: ANY ATTEMPT TO DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. In the event of a dispute as to the identity of a winner based on an e-mail address, the winning entry will be declared made by the authorized account holder of the e-mail address submitted at time of entry. `"`Authorized account holder`"` is defined as the natural person who is assigned to an e-mail address by an Internet access provider, on-line service provider or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.
XI. MODIFICATION: In no event will Sponsor be obligated to award more prizes than the number of prizes stated in these Official Rules. If for any reason Sponsor determines, in its sole discretion, that the Sweepstakes is no longer capable of running as intended by these Official Rules for any reason whatsoever, Sponsor reserves the right to terminate, suspend, postpone, delay or modify the Sweepstakes, in whole or in part, including, but not limited to, any occurrences described in Rule section X above, or any other causes which may corrupt or impair the integrity, security, fairness or proper conduct of the Sweepstakes. If Sponsor determines that more prize claims are submitted or more prize notices are distributed than the number of prizes offered in these Official Rules, Sponsor shall immediately suspend all drawings and prize awards, and Sponsor reserves the right to award any remaining prizes (up to the total set forth in these Official Rules) in a manner deemed fair and equitable by Sponsor. For example, Sponsor may select a winner in a random drawing from among the eligible entries received up to the time of the impairment or conducted a random drawing among all prize claimants, and neither Sponsor, the Sweepstakes Administrator nor any of the Released Parties shall have any further liability to any entrant in connection with the Sweepstakes.
XII. RELEASES: All Participants, as a condition of participation in this Sweepstakes, agree to indemnify, release and hold harmless Sweepstakes Released Entities from and against any and all liability, claims, damages, injuries or actions of any kind whatsoever for injuries, damages, or losses to persons or property which may be sustained in connection with: (a) accessing the Sponsor and or Sponsor’s Websites, (b) participating in any aspect of the Sweepstakes, including, without limitation, while preparing for, participating in and/or traveling to or from any prize or Sweepstakes-related activity, including, without limitation, any injury, damage, death, loss or accident to person or property, (c) the receipt, ownership, possession, use or misuse of any Prize awarded, (d) viruses or any downloading or other problems with the Sweepstakes application, or (e) any typographical or other error in these Official Rules or the announcement of offering of any Prize. Sponsor makes no representations or warranties of any kind concerning the appearance, safety or performance of any Prize, except for any express manufacturer`'`s warranty as may be included with the Prize. The Prizewinner bears all risk of loss or damage to his/her respective prize after it has been delivered.
XIII. GOVERNING LAW/DISPUTES: Except where prohibited, each Participant agrees that this Sweepstakes shall be governed by and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules. Sponsor reserves the right to take such action as it deems necessary to enforce these Official Rules and ensure the fair operation of the Sweepstakes, including without limitation barring entrants who do not comply with these Official Rules. By entering, Entrants consent to the jurisdiction and venue of the appropriate federal, state and local courts located in New York for any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any prize awarded.
XIV. WINNER LIST: For the name of the winner send a self-addressed, stamped legal size envelope after August 10, 2020 and no later than September 24, 2020 to: Compliance / Flowpage Summer Giveaway! winners List, PO Box 468, Stonington, CT 06378 or visit http://www.thedtxcompany.com /official-rules or Sponsor’s social media sites between the above referenced dates.
XV. SWEEPSTAKES ADMINISTRATOR: Compliance Sweepstakes Services LLC, PO Box 469. Stonington, CT 06378.