ZayZoon Thanksgiving Giveaway Offical Rules
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.A ZAYZOON ACCOUNT IN GOOD STANDING IS REQUIRED TO RECEIVE A PRIZE. BY PARTICIPATING IN THE SWEEPSTAKES, YOU AGREE TO THESE RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE PARTICIPATING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE SPONSOR FROM YOU.
ZayZoon Thanksgiving Giveaway (the “Sweepstakes”) is open only to legal residents of the fifty (50) United States and the District of Columbia who are at least eighteen (18) years old at the time of entry and who have not previously won a prize in any ZayZoon Sweepstakes operated by the Sponsor. Entrants must have a ZayZoon account in good standing at the time of winner notification. Employees of ZayZoon US Inc., and its parent and affiliate companies as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible. The Sweepstakes is subject to all applicable federal, state, and local laws and regulations and is void where prohibited. Participation constitutes entrant’s full and unconditional agreement to these Official Rules. Sponsor’s decisions are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein, including a review of entrant’s public social profile. If an entrant has engaged in conduct on its public social profile that could damage the reputation of or reflect unfavorably on Sponsor or any of the Released Parties, as determined by Sponsor in its discretion, entrant will be disqualified.
ZayZoon US Inc., #300, 4250 N. Drinkwater Blvd. Scottsdale, AZ, 85251.
The Sweepstakes takes place on November 14, 2023, starting at 9:00 a.m. Eastern Time ("ET") and ends on November 22, 2023 at 11:59 p.m. ET (the “Promotion Period”).
The prize will be drawn approximately at 3:00 pm ET on November 23, 2023.
4. HOW TO ENTER
Participation Requirements: You may only participate if you have not previously won any prize in any previous ZayZoon Sweepstakes. To participate, you will need to have a ZayZoon account (each a “Social Account”). Creating a ZayZoon Account is free but is subject to the applicable terms and conditions. If entering via a mobile device and using your wireless carrier’s network, standard data charges from your wireless carrier may apply.
Entry Requirements: Locate Sponsor’s Sweepstakes Post that is posted at the start of the Promotion Period and links to these Official Rules and take the following actions during the Promotion Period to receive an entry: Answer the three questions in the Sponsor’s form (the “Questionnaire”). Your answers need not include any positive reference about Sponsor’s products and services. However, if you choose to answer the Questionnaire, it must be your original work and must not be indecent, obscene, hateful, tortious, defamatory, libelous, contain material that violates or infringes another’s rights, disparage Sponsor or any other person or party, or contain material that is unlawful in any way. By completing the above requirements, you will receive (1) entry into the Sweepstakes. Sponsor, in its sole discretion, may disqualify any comment that it finds unlawful, or in violation of these Official Rules, or any entrant whose public social profile demonstrates conduct that could damage the reputation of or reflect unfavorably on Sponsor. Limit: Each person may enter up to one (1) times.
Limit: Each person may enter up to one (1) times.
Entry Limitations: Use of any automated system to participate is prohibited and will result in disqualification. In the event of a dispute as to any registration, the authorized account holder of the ZayZoon account used to register will be deemed to be the entrant. Each potential winner may be required to show proof of being the authorized account holder. Released Parties (as defined in Section 8, below) are not responsible for lost, late, unreceived, damaged, incomplete, invalid, un-intelligible, garbled, delayed or misdirected entries or failure to receive entries due to limitation of third-party social network platforms, all of which will be void.
5. SPONSOR'S USE OF SOCIAL POST CONTENT
Answering the Questionnaire constitutes entrant’s consent to give Sponsor a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display such entries in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media or technology now known or later developed, including for promotional or marketing purposes. If requested, entrant will sign any documentation that may be required for Sponsor or its designees to make use of the non-exclusive rights entrant is granting to use the entry.
6. PRIZE DRAWING
Sponsor’s decisions as to the administration and operation of the Sweepstakes and the selection of the potential winners are final and binding in all matters related to the Sweepstakes. Sponsor will randomly select the potential winning entries from all eligible entries received through Sweepstakes entrants. If the potential winner is offered a prize equal or greater to $600 or as a result of this Sweepstakes will have won prizes cumulatively valued at $600 or greater in one calendar year, they will be required to sign and return a an IRS Form W-9, which must be received by Sponsor within three (3) days of the date notice or attempted notice is sent, in order to claim the prize. Otherwise, entrants who are selected as winners will not be required to take any action to claim the prize. If a potential winner of any prize cannot be contacted, fails to sign and return the IRS Form W-9 or provide the requested information within the required time period (where applicable), the potential winner forfeits the prize. In the event that a potential winner is disqualified for any reason or forfeits the prize, Sponsor will award the applicable prize to an alternate winner by random drawing from among all remaining eligible entries. Only three (3) alternate drawings will be held, after which the prize will remain un-awarded.
One (1) Gift Card from winner’s choice of Walmart, Kroger, The Cheesecake Factory, Olive Garden, or Applebee’s.
For All Prizes: ZayZoon accounts must remain in good standing through the time of prize award. Prize will be distributed within approximately 10 business days of verification of all winners. Sponsor will not replace any lost or stolen prize or any prize that is undeliverable or does not reach the winner because of an incorrect or changed e-mail address or other contact information. If winner does not accept or use the entire prize, the unaccepted or unused part of the prize will be forfeited, and Sponsor will have no further obligation with respect to that prize or portion of the prize. Prizes are non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize for one of equal or greater value if the designated prize should become unavailable for any reason. Odds of winning a prize depend on the number of eligible entries received for the applicable social platform used to enter during the Promotion Period. Limit: one (1) prize per person.
Taxes: Prize recipients are responsible for all taxes and fees associated with prize receipt and/or use. Where a single prize received is equal to $600 or more or cumulative prizes won through all ZayZoon social programs in one calendar year are equal to $600 or more, an IRS Form 1099-MISC will be issued.
By receipt of any prize, winners agree to release and hold harmless Sponsor and its respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Sweepstakes or receipt or use or misuse of any prize.
Except where prohibited, participation in the Sweepstakes constitutes each winner’s consent to Sponsor’s and its agents’ use of winner’s name, prize information, likeness, entry, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration.
10. GENERAL CONDITIONS
Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, if any fraud, technical failures, human error, or any other factor impairs the integrity or proper functioning of the Sweepstakes, or any event or cause beyond Sponsor’s control (e.g. events such as natural calamities, national emergencies, wide spread illnesses, declarations of war, acts of God, acts of terrorism) interferes with any aspect of the Sweepstakes, including but not limited to fulfillment of the prize(s), as determined by Sponsor in its sole discretion. In such event, Sponsor, in its sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance and may modify the prizes offered herein. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
11. LIMITATIONS OF LIABILITY
The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Sweepstakes; (4) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; (5) late, lost, undeliverable, damaged or stolen mail; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes or receipt or use or misuse of any prize. If for any reason an entrant's entry is confirmed to have been erroneously deleted, lost, not received, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Sweepstakes, if it is possible. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims.
Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for Delaware or the appropriate Delaware State Court; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Delaware without giving effect to any choice of law or conflict of law rules (whether of the State of Delaware or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Delaware.
13. ENTRANT'S PERSONAL INFORMATION