NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. OPEN ONLY TO RESIDENTS OF ELIGIBLE COUNTRIES WHO HAVE REACHED THE AGE OF MAJORITY IN THEIR COUNTRY. VOID WHERE PROHIBITED. ALL FEDERAL, STATE, AND LOCAL REGULATIONS APPLY. BY PARTICIPATING IN THIS PROMOTION, YOU AGREE TO BE BOUND BY THESE OFFICIAL RULES.
INTRODUCTION
These rules (“Official Rules”) govern giveaways (each a “Giveaway”) conducted by Cheer Media, LLC (“Company,” “Cheer Media,” “Cheer Daily”) on the Company’s official platform, available at Cheer Media Website (the “Website”). Cheer Media is the administrator of this Giveaway and will be solely responsible for resolving any disputes that arise regarding these Official Rules. The Company’s address is Cheer Media, LLC, Atlanta, Georgia. The Giveaway is not sponsored or administered by anyone other than the Company.
GIVEAWAY PERIOD
Participants may enter to win starting from the time that a Giveaway is announced on the Company’s platform until the prize drawing takes place shortly thereafter (the “Giveaway Period”). For avoidance of doubt, each Giveaway Period is sporadic and lasts for approximately one (1) to five (5) minutes.
ELIGIBILITY
The Giveaway is open to all residents of the United States, Canada (excluding the Province of Quebec), and any other country with laws allowing a sweepstakes in the nature of the Giveaway without a permit fee or a registration requirement who are 18 years of age or older (or the age of majority in their country of residence, if different) as of the start of the Giveaway Period who enter the Giveaway on the Website. Countries whose residents are ineligible to enter the Giveaway include Taiwan, South Korea, Portugal, Italy, Austria, China, Russia, Hong Kong, Greece, France, Japan, Spain, the Czech Republic, Australia, New Zealand, Brazil, Sweden, and Ireland. By entering the Giveaway, the entrant certifies that they do not live in such a country, nor does their home country prohibit participating in the Giveaway. Where an entrant’s entry into the Giveaway is prohibited by law, such entrant’s entry shall be void. Furthermore, the following individuals are ineligible to enter or win a prize: employees, directors, and officers of Company, its subsidiaries, and affiliates, and any advertising or promotional agencies involved in the administration of this Giveaway (collectively, “Giveaway Entities”); and the immediate family members and those living in the same household of such persons (whether related or not). “Immediate family” members include spouses, children, step-children, parents, step-parents, siblings, and step-siblings. Proof of age, identity, residence, and eligibility must be furnished upon request. All entry information must be complete and accurate. Company will not award a prize to anyone not meeting eligibility requirements at the time of entry. For purposes of the Giveaway, an entrant’s residential address and e-mail address will be the physical address and e-mail address submitted at the time of Giveaway registration. Entrants will not be allowed to change their physical address or e-mail address.
PARTICIPATION IN THE GIVEAWAY
During the Giveaway Period, eligible entrants must be present on the Company’s platform and logged into an account with participation privileges enabled. An eligible entrant’s presence may be sufficient to enter the Giveaway; however, if the entrant is required to enter a “keyword” into the platform to obtain eligibility, the Company shall provide notice of the correct keyword for entrants to submit. Entrants are prohibited from using more than one (1) e-mail address or multiple identities to enter the Giveaway. If it is found or suspected that an entrant is using more than one (1) e-mail address or multiple identities to participate in the Giveaway, then that entrant, in the Company’s sole discretion, may be disqualified and not eligible to win a prize. The total number of entries possible during any given Giveaway Period is one (1) per entrant.
RANDOM GIVEAWAY DRAWING
Within one (1) to five (5) minutes after the Company has announced the opening of the Giveaway Period, such Giveaway Period shall close. Thereafter, the Company will randomly select one (1) or more potential winners from all eligible entries received during the Giveaway Period. The drawing shall utilize a random entrant selecting program or service, such as StreamElements, Nightbot, or another random selection tool, and said service shall select an entrant at random among all eligible entries. Any winner is considered a potential winner pending verification of his/her eligibility and compliance with these Official Rules.
PRIZE, ODDS OF WINNING, AND APPROXIMATE RETAIL VALUE
Prize: The winner, following verification of eligibility and compliance with these Official Rules, will receive the prize described at the beginning of the Giveaway Period. Only one (1) prize will be available in the Giveaway per entrant per Giveaway Period. If an entrant is found to be the winner of one drawing and wins a subsequent drawing, the Company may invalidate the entrant’s later win in its sole discretion.
Odds of Winning: The odds of winning depend on the total number of eligible entries received during the Giveaway Period.
General Prize Conditions: In no event will more than one (1) prize be awarded per winner per Giveaway Period. If, for any reason, more than one (1) prize notification is sent (or more claims are received), the Company reserves the right to award the prize through a random drawing from among all eligible prize claims received. The winner shall be solely responsible for payment of any and all applicable federal, state, provincial, and local taxes for any prize won. If the prize given to a winner is valued at $600 or more, or if the winner’s collective winnings from Company giveaways are valued at $600 or more, then such winner may be required to complete and submit an IRS Form W-9 or W-8BEN, as applicable, and the Company will issue an IRS Form 1099-MISC for said winner if the winner is a United States resident, or an IRS Form 1042 for the winner if said winner is a Canadian resident. Failure to submit a completed Form W-9 or W-8BEN, when required by Company to receive the prize, will result in forfeiture of the prize. All other costs and expenses not expressly set forth herein shall be solely the winner’s responsibility. The Giveaway Entities shall not be held responsible for any delays in awarding the prize for any reason. If after a good-faith attempt the Company is unable to award or deliver the prize, the prize may not be re-awarded.
NOTE: Elements of the prize may include inherently dangerous activities or activities for which viewer discretion is advised. The winner expressly and voluntarily assumes the risk of any and all injury and damage that may result from participation in any element of the prize. The winner acknowledges and agrees that the Giveaway Entities have no responsibility whatsoever for injuries, losses, or damages of any kind that result from participation in any element of the prize. The winner and his/her successors and/or heirs each acknowledge that certain prize-related activities may be inherently dangerous or require viewer discretion and release Giveaway Entities from any and all causes of action that arise from such participation. The winner must comply with any rules, regulations, and restrictions provided for any prize activity.
All other costs and expenses not expressly set forth herein are the winner’s sole responsibility. The winner must take delivery of the prize within 45 days of notice of the availability of a prize from the Company via a delivery method selected by the Company based on proximity to the winner’s residence or the prize may, at the Company’s sole discretion, be forfeited. Prize details and availability are subject to change and will be selected by the Company at its sole discretion.
The Approximate Retail Value (“ARV”) of the prize is up to USD $100.
HOW TO CLAIM THE PRIZE
The potential winner will be notified within two (2) business days after the random drawing via e-mail or platform inbox message to the e-mail address or profile, as applicable, that the potential winner provided when registering for the Giveaway. Before being declared the winner, he/she may be required to execute and return an Affidavit of Eligibility/Liability & Publicity Release and a tax acknowledgment form no later than five (5) calendar days after receipt, or the prize may (in the Company’s sole discretion) be forfeited. If the potential winner is a Canadian resident, he/she will be required to answer a mathematical skill testing question without the assistance of any person or device. If the selected potential winner fails to correctly answer the skill testing question, he/she will be disqualified and another entrant may be randomly chosen as a potential winner. Upon verification of eligibility and submission of any required documentation, the winner will be contacted by the Company to arrange for the delivery of the prize.
The Company will attempt to notify the potential winner as set forth above, but the Company is not responsible for any undelivered e-mails, including without limitation e-mails that are not received because of the winner’s privacy or spam filter settings, which may divert any Giveaway e-mail, including any winner notification e-mail or prize e-mail, to a spam or junk folder. If the potential winner is found to be ineligible or not in compliance with these Official Rules or declines to accept the prize, the Company is unable to contact a potential winner, or any prize notification is returned undeliverable, the prize will be forfeited. If the Company wishes to select an alternative potential Giveaway winner, the Company may select this alternative potential Giveaway winner at random from the pool of remaining eligible entries. The potential winner may be required to furnish proof of identification and other proof of eligibility under these Official Rules. The right to receive a prize is non-assignable, non-transferable, and no prize substitution, exchange, or cash equivalent will be allowed, except by the Company, which reserves the right to substitute a prize of equal or greater value in case of unavailability of a prize or force majeure, at the Company’s sole and absolute discretion. Giveaway Entities shall not be held responsible for any delays in awarding the prize for any reason. The prize will only be awarded to a verified winner.
LIMITATION OF LIABILITY
By participating in this Giveaway, entrants agree that the Giveaway Entities and their respective affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment, and marketing agencies, website providers, webmasters, and their respective officers, directors, employees, representatives, designees, and agents (“Released Parties”) are not responsible for lost, late, incomplete, stolen, misdirected, postage due, or undeliverable e-mail notifications or postal mail; or for any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections or availability; or garbled, corrupt or jumbled transmissions, service provider/Internet/Website/use net accessibility, availability, or traffic congestion; or any technical, mechanical, printing, typographical, or other error; or unauthorized human intervention; or the incorrect or inaccurate capture of registration information; or the failure to capture, or loss of, any such information. The Released Parties are not responsible for any incorrect or inaccurate information, whether caused by any Website users, tampering, hacking, or by any of the equipment or programming associated with or utilized in the Giveaway and assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, technical error, theft or destruction, or unauthorized access to the Website or any Giveaway-related website(s). The Released Parties are not responsible for any injury or damage, whether personal or property, to participants or to any person’s computer related to or resulting from participating in the Giveaway and/or accepting or using the prize. The Released Parties shall not be responsible or liable for entries that are entered by any automated computer, program, mechanism, or device, for any entries in excess of the stated limit or for entries that are late, forged, lost, misplaced, misdirected, tampered with, incomplete, deleted, damaged, garbled, or otherwise not in compliance with the Official Rules, and all such entries may, in the Company’s sole discretion, be disqualified.
If, for any reason, the Giveaway is not capable of running as planned, the Company reserves the right, in its sole discretion, to cancel, terminate, modify, or suspend the Giveaway and/or proceed with the Giveaway, including the selection of the winner in a manner it deems fair and reasonable, including the selection of the winner from among eligible entries received prior to such cancellation, termination, modification, or suspension.
By entering the Giveaway, each entrant agrees: (i) to be bound by these Official Rules and by all applicable laws and by the decisions of the Company and Administrator, which shall be binding and final; (ii) to waive any rights to claim ambiguity with respect to these Official Rules; (iii) to waive all of his or her rights to bring any claim, action, or proceeding against any of the Released Parties in connection with the Giveaway; and (iv) to forever and irrevocably agree to release and hold harmless each of the Released Parties from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability, costs, and expenses (including, without limitation, reasonable outside attorneys’ fees) that may arise in connection with: (a) the Giveaway, including but not limited to any Giveaway-related activity or element thereof, and the entrant’s entries, participation, or inability to participate in the Giveaway, (b) violation of entrant’s privacy, personal, publicity, or proprietary rights, (c) typographical or printing errors in these Official Rules or any Giveaway materials, (d) acceptance, attendance at, receipt, travel related to, participation in, delivery of, possession, defects in, use, non-use, misuse, inability to use, loss, damage, destruction, negligence, or willful misconduct in connection with the use of a prize (or any component thereof), (e) any change in the prizing (or any components thereof) due to unavailability or due to reasons beyond the Company’s control, including but not limited to by reason of any acts of God, any action(s), regulation(s), order(s), or request(s) by any governmental or quasi-governmental entity (whether or not such action(s), regulation(s), order(s), or request(s) prove(s) to be invalid), equipment failure, threatened or actual 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 slowdown, civil disturbance, insurrection, riot, or any other cause beyond any of the Released Parties’ control, or as otherwise permitted in these Official Rules, (f) any interruptions in or postponement, cancellation, or modification of the Giveaway, (g) human error, (h) incorrect or inaccurate transcription, receipt, or transmission of any part of any entry (including, without limitation, the registration information or any parts thereof), (i) any technical malfunctions or unavailability of the Website or any telephone network, computer system, computer online system, mobile device, computer timing and/or dating mechanism, computer equipment, software, or Internet service provider, or mail service utilized by any of the Released Parties or by an entrant, (j) interruption or inability to access the Giveaway, the Website, or any other Giveaway-related websites or any online service via the Internet due to hardware or software compatibility problems, (k) any damage to the entrant’s (or any third person’s) equipment used to access the Giveaway and/or its contents related to or resulting from any part of the Giveaway, (l) any lost/delayed data transmissions, omissions, interruptions, defects, and/or any other errors or malfunctions, (m) any late, lost, stolen, mutilated, misdirected, delayed, garbled, corrupted, destroyed, incomplete, undeliverable, or damaged entries, (n) any wrongful, negligent, or unauthorized act or omission on the part of any of the Released Parties, (o) lost, late, stolen, misdirected, damaged, or destroyed prizing (or any element thereof), or (p) the negligence or willful misconduct by the entrant.
Without limiting the foregoing, everything regarding this Giveaway, including the Website and prize, is 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, except for any express manufacturer’s warranty as may be included with the prize. Some jurisdictions may not allow the limitations or exclusions of liability for incidental or consequential damages or exclusions of implied warranties, so some of the above limitations or exclusions may not apply. Check local laws for any restrictions or limitations regarding these limitations or exclusions.
INDEMNIFICATION
Each entrant agrees, to the maximum extent permitted by law, to indemnify, defend, and hold harmless the Released Parties from and against any and all tax liability that may be imposed or associated with his/her receipt or use of any Giveaway prize and any and all costs, losses, damages, penalties, or expenses (including, without limitation, reasonable attorneys’ fees) arising from third-party claims, lawsuits, judgments, causes of action, proceedings, or demands brought or asserted against Released Parties that may arise in connection with (a) the entrant’s receipt, ownership, or use of any Giveaway prize, (b) the entrant’s traveling to, preparing for, or participating in any Giveaway-related or prize-related activity, (c) the entrant’s violation or alleged violation of any third-party privacy, personal, publicity, intellectual property, or proprietary rights, or (d) the entrant’s negligence or willful misconduct.
MISCELLANEOUS
DISPUTES: THIS GIVEAWAY IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF GEORGIA, WITHOUT REGARD TO ITS CONFLICT OF LAWS RULES, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN FULTON COUNTY, GEORGIA. ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS GIVEAWAY THAT IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION IN ACCORDANCE WITH ITS ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (“AAA RULES”), AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. THE AAA RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN GEORGIA. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN FULTON COUNTY, GEORGIA IN THE ENGLISH LANGUAGE. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OR HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, INCLUDING ATTORNEY’S FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. ENTRANTS AGREE THAT THE RIGHTS AND OBLIGATIONS OF ANY ENTRANT AND/OR GIVEAWAY ENTITIES AND/OR ANY OTHER PARTY SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS OR REPRESENTATIVE ACTION. ANY DEMAND FOR ARBITRATION OR ANY OTHER CLAIM OR ACTION ARISING OUT OF OR RELATING TO THE GIVEAWAY MUST BE FILED WITHIN ONE (1) YEAR OF THE TIME THE CAUSE OF ACTION OCCURRED, OR THE CAUSE OF ACTION SHALL BE FOREVER BARRED.
Further, entrants hereby waive all rights, to: (i) claim punitive, exemplary, special, incidental, indirect, and consequential damages and any other damages (whether due to negligence or otherwise), other than for actual out-of-pocket costs; and (ii) have damages multiplied or otherwise increased. Entrants agree that the rights and obligations of any entrant and/or Giveaway Entities and/or any other party shall be resolved individually, without resort to any form of class action.
Any attempted form of participation in this Giveaway other than as described herein is void. If it is discovered or suspected in the Company’s sole and absolute discretion that an entrant has registered or attempted to register more than once using multiple e-mail addresses, accounts, multiple identities, proxy servers, or like methods, all of that entrant’s entries will be declared null and void, and that entrant will be ineligible to win the prize. Also, if it is discovered that any entrant attempts to receive additional entries in excess of the stated limitation, that entrant may, in the Company’s sole discretion, be disqualified from the Giveaway. In the event of a dispute as to the identity of a winner, the winning entry will be declared made by the authorized account holder of the e-mail address submitted on the registration form associated with such entry. “Authorized account holder” is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization (e.g., business, educational institution) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. The Company and Administrator reserve the right to disqualify any individual found, in its sole opinion, to be tampering with the operation of the Giveaway, to be acting in violation of these Official Rules, or to be acting in an unsportsmanlike manner or with the intent to disrupt the normal operation of a Giveaway. Any use of robotic, automatic, macro, programmed, third-party, or like methods to participate in the Giveaway will void any attempted participation effected by such methods and the disqualification of the individual utilizing the same. CAUTION AND WARNING: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR TO UNDERMINE THE LEGITIMATE OPERATION OF THIS GIVEAWAY IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE COMPANY 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. If any provision of these Official Rules or any word, phrase, clause, sentence, or other portion thereof should be held unenforceable or invalid for any reason, then that provision or portion thereof shall be modified or deleted in such manner as to render the remaining provisions of these Official Rules valid and enforceable. The invalidity or unenforceability of any provision of these Official Rules or the prize documents will not affect the validity or enforceability of any other provision. The Company’s and/or Administrator’s interpretation of these Official Rules is final and binding in all matters related to the Giveaway. The Company’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision and such provision shall remain in full force and effect. All entries and/or materials submitted become the property of the Company and will not be returned. In the event of any conflict with any Giveaway details contained in these Official Rules and Giveaway details contained in any promotional materials (including but not limited to point of sale, television and print advertising, promotional packaging, and other promotional media), the details of the Giveaway as set forth in these Official Rules shall prevail.
PUBLICITY RIGHTS
By participating in the Giveaway and/or accepting the prize, each entrant agrees to allow the Company and/or the Company’s designee the perpetual right to use his or her name, biographical information, photos and/or likeness, and statements for promotion, trade, commercial, advertising, and publicity purposes, at any time or times, in all media now known or hereafter discovered including live television, worldwide, including but not limited to on the World Wide Web and Internet, without notice, review, or approval and without additional compensation except where prohibited by law.
To obtain a listing of the name of the winner, mail a self-addressed, stamped business-sized envelope to: Cheer Media, LLC, Atlanta, Georgia. Winner list requests must be received within one (1) calendar month of the applicable Giveaway or Giveaway Period.
