Sweepstakes Rules

Sweepstakes Rules

November 14, 2019
Rodolphe Pierre-Louis
Source: vegascreativessoftware.com



Official Rules

NO PURCHASE NECESSARY TO ENTER, WIN, OR CLAIM A PRIZE. A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING.

OPEN ONLY TO ELIGIBLE 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.

VOID IN PUERTO RICO AND WHERE PROHIBITED.

The Sweepstakes Giveaway (The Event) is sponsored by ActionVFX®, 112 E. Myrtle St Suite #503 37615 and BOXX Technologies, 10435 Burnet Rd, Austin, TX 78758 (“Sponsors”) and is administered by ActionVFX, 112 E. Myrtle St Suite #503 37615.

1. SWEEPSTAKES PERIOD

The Event begins at 8:00:00 PM Eastern Standard Time (“EST”) on November 28th, 2019, and ends December 6th at 11:59:59 PM EST. The Administrator’s computer is The Event’s official clock.

2. SWEEPSTAKES ELIGIBILITY

The Event is offered only to legal residents of the fifty (50) United States and the District of Columbia who are at least eighteen (18) years of age at the time of entry. Employees, officers, directors, representatives, and agents of Sponsors, Administrator, and each of their respective parent companies, subsidiaries, affiliates, and advertising, promotion and web design agencies and members of the immediate family (mother, father, brothers, sisters, sons, daughters and spouse, regardless of where they reside) and household members of each such employee, officer, director, representative, or agent, whether or not related, are not eligible to enter or win. Void in Puerto Rico, all other United States Territories and Possessions and overseas military installations, outside of the United States, and where prohibited or restricted by law. All federal, state, and local laws apply.

Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsors’ and Administrator’s decisions, which are final and binding in all matters related to The Event. Winning a prize is contingent upon fulfilling all requirements set forth herein. Entrants and the potential winner may be required to provide proof of identification and eligibility as required by Sponsors or Administrator. If it is discovered or suspected that an entrant is using multiple e-mail addresses or multiple identities, all of that entrant’s entries will be declared null and void and any prize that entrant might have been entitled to receive or win will not be awarded. Use of any automated system or any like methods to participate in The Event is prohibited and will result in disqualification of any entrant attempting such use. If an entrant participates via a mobile device, message and data rates may apply for each text message sent and/or received. Not all cellular telephone providers carry the service necessary to participate in The Event through a mobile device. Entrants should check their mobile devices’ capabilities and wireless service pricing plans.

3. HOW TO OBTAIN AN ENTRY

An eligible entrant may obtain an entry (“Entry”) using one (1) of the following two (2) methods (some methods are only available during specific time periods, as noted below). Entrants may only obtain Entries either through a legitimate website purchase or for free as described below. Entries may not be sold, bartered, or transferred. Entries are void if not obtained through authorized means.

  1. Make a Purchase: During the Event Period, an eligible consumer who purchases $100 or more of ActionVFX products will receive an entry to The Event. 
  2. Without a Purchase (Mail-In Entry Request): To obtain an Entry without making a purchase from November 28th, 2019 to December 6, 2019, an eligible consumer must legibly hand write his/her full name (no initials), complete street address (no P.O. Box), age, and valid e-mail address on a 3½” x 5” properly stamped postcard and mail it to: ActionVFX 112 E. Myrtle Street, Johnson City, TN 37615. Requests sent in an envelope will not be accepted. Mail-in requests must be postmarked by December 6, 2019 and received by December 13, 2019. Administrator will send one (1) Entry by e-mail to the e-mail address provided on the request. Limit one (1) total Entry per person/email address via Mail-In Entry Request. Mail-in requests will not be returned and no further correspondence will be entered into. Mail-in requests must be original and hand-written. No mechanical reproductions are allowed.

Regardless of method of Event Entry, the entrant who receives a “win” message will be deemed a potential winner pending confirmation and verification of the entrant’s eligibility and compliance with these Official Rules, as determined by Sponsors in their sole and absolute discretion. All potential winning Event Entries are subject to verification by Sponsor or Administrator, whose decisions are final and binding. An entrant is not a winner of any prize, even if the Event Entry should so indicate, unless and until entrant’s eligibility and the potential winning Event Entry have been verified and entrant has been notified that verification is complete. Sponsor will not accept screenshots or other evidence of winning in lieu of its validation process. Any Event Entry that occurs after the system has failed for any reason is deemed a defective entry, is void, and will not be honored.

In the event of a dispute as to the identity of an entrant, the Event Entry will be declared made by the primary account holder of the account associated with the mobile device used to complete the Event Entry, based on the applicable carrier’s records. The “primary account holder” is the natural person listed as the primary owner of the mobile device and associated mobile telephone number by a mobile telephone carrier, or the natural person assigned an e-mail address by an Internet access provider, online service provider or other organization responsible for assigning e-mail addresses for the domain associated with the submitted address. The potential winner may be required to show proof of being the primary account holder and/or e-mail address holder.

In the Event that a household plays the Event using more than five (5) unique e-mail addresses, all of the Event Entries associated with that household (determined by Sponsors or Administrator in their sole discretion) may be disqualified. Regardless of method of entry, each entrant/household is not eligible to win more than one (1) prize.

4. PRIZES, APPROXIMATE RETAIL VALUE ("ARV"), AND ODDS OF WINNING

  1. Prizes (1): One winner will receive a BOXX Technologies APEXX A3 AMD® Ryzen™ 5 3600X Processor 6 cores 3.8 GHz Turbo Mode up to 4.4 GHz. 
  2. The ARV of the prize is $3178. The total number of prizes awarded in the Event will not exceed one (1). Limit one (1) prize per person/household. The ARV of prizes is subject to price fluctuations in the consumer marketplace based on, among other things, any gap in time between the date the ARV is estimated for purposes of these Official Rules and the date the prize is awarded or redeemed.
  3. Total ARV: The total ARV of all prizes available in the Event is $3178.
  4. Odds: The odds of winning the prize depends on how many entries are received.

5. HOW TO CLAIM A PRIZE

Each potential winner will be notified by e-mail (if he/she entered by the Website) (“Notification”). Entrants hereby agree to receiving e-mail notifications for winner verification purposes. Potential winners who entered by making a “Purchase” or “Mail-In Request” will need to claim their prize vial email. A potential winner will need to Email [email protected] by 11:59:59 PM EST on December 13th, 2019, or the prize will be forfeited. If a potential winner is found to be ineligible, is not in compliance with these Official Rules, declines to accept the prize, or if the prize is returned as undeliverable, the prize will be forfeited and, in the Sponsors’ sole discretion, may or may not be awarded to an alternate winner selected at random from the remaining pool of eligible Entries received. In such event, an alternate potential winner will be notified as described above. The prize must be claimed via email. Email [email protected] by 11:59:59 PM EST on December 20th, 2019, or the prize will be forfeited. Sponsors will ship prizes to each winner at the physical address provided at the time of registration or verification. Please allow approximately six (6) to eight (8) weeks from the date of redemption/the end of The Event Period to receive a prize. The prize will only be awarded to a verified winner.

The right to receive a prize is non-assignable and non-transferable, and no prize substitution, exchange, or cash equivalent will be allowed, except by Sponsors, who reserve the right to substitute a prize of equal or greater value at Sponsors’ sole and absolute discretion. Each winner shall be solely responsible for payment of any and all applicable federal, state, and local taxes for his/her prize. All other costs and expenses not expressly set forth herein shall be solely the winner’s responsibility.

6. LIMITATION OF LIABILITY

The Event Entities are not responsible for any undelivered e-mails, including without limitation e-mails that are not received because of a winner’s privacy or spam filter settings which may divert any Notification or other e-mail, including any winner notification e-mail, to a spam or junk folder. The Event Entities are not responsible for illegible, lost, late, incomplete, stolen, misdirected, postage due, or undeliverable, e-mail, 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 accessibility, availability, or traffic congestion, or any technical, mechanical, or 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 Event Entities 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 Event 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 other website(s). The Event Entities are not responsible for any injury or damage, whether personal or property, to any person's computer or phone related to or resulting from participating in The Event. If, for any reason, The Event is not capable of running as planned, Sponsors reserve the right at their sole and absolute discretion to cancel, terminate, modify or suspend The Event and/or proceed with The Event, including the selection of winners in a manner it deems fair and reasonable including the selection of winners from among eligible Event Entries received prior to such cancellation, termination, modification or suspension.

In no event will more prizes be awarded than are stated in these Official Rules. If for any reason, including, but not limited to, an administrative, printing, production, computer or other error or due to technical difficulties or incorrect announcements of any kind, more winning messages are distributed than are intended to be awarded according to these Official Rules, the intended winners will be awarded in a random drawing from among all verified prize claims received for that prize.

THE EVENT ENTITIES MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT AS REGARDS TO ANY PRIZE OR ANY COMPONENT OF THE PRIZES. VOID WHERE PROHIBITED, AS SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES. ENTRANT MUST CHECK LOCAL LAWS TO LEARN IF ANY OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. Further, The Event Entities are not responsible for, and each winner shall indemnify The Event Entities against, any and all claims, injuries, losses, or damages of any kind resulting from acceptance, use, misuse, possession, or loss of a prize.

The Event Entities shall not be responsible or liable for entries that are entered by other than human means (such as by an automated computer program or any non-human mechanism, entity, or device), in excess of the stated limit, or for entries that are late, forged, destroyed, lost, misplaced, stolen, misdirected, tampered with, incomplete, deleted, damaged, garbled, or otherwise not in compliance with the Official Rules, and all such entries will be disqualified. By playing The Event, each entrant agrees: (i) to waive any rights to claim ambiguity with respect to these Official Rules; (ii) to waive all of his/her rights to bring any claim, action, or proceeding against any of The Event Entities in connection with The Event; and (iii) to forever and irrevocably agree to release, defend, indemnify, and hold harmless each of The Event Entities, and their respective parent companies, officers, directors, employees, agents, franchisees, licensees, shareholders, representatives, successors and assigns (collectively the “Releasees”), from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability (including, but not limited to, liability for defamation, libel, slander, invasion of privacy, infringement of publicity or any intellectual property rights, any property loss, damage, personal injury, bodily injury, death, expense, accident, delay, inconvenience or irregularity, and any indirect, incidental, consequential, special, punitive or exemplary damages of any kind even if the Releasees have been advised of the possibility of such loss or damages), costs and expenses (including, without limitation, reasonable outside attorneys’ fees) that may arise in connection with: (a) The Event, including but not limited to any Event-related activity or element thereof, and the entrant’s entry, participation or inability to participate in The Event, (b) the violation of any third party privacy, personal, publicity or proprietary rights, (c) typographical errors in these Official Rules or any Event materials, (d) acceptance, receipt, 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 prize (or any component thereof) due to unavailability, business or creative considerations, or due to reasons beyond Sponsors’ 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 slow-down, civil disturbance, insurrection, riot, or any other cause beyond any of The Event Entities’ control, or as otherwise permitted in these Official Rules, (f) any interruptions in or postponement, cancellation, or modification of The Event, (g) human error, (h) incorrect or inaccurate transcription, receipt or transmission of any part of the entry (including, without limitation, the information or any parts thereof), (i) any technical malfunctions or unavailability of The Event, the Website, or any other website or any telephone network, computer system, computer online system, computer timing and/or dating mechanism, computer equipment, software, or Internet service provider, or mail service utilized by any of The Event Entities or by an entrant, (j) interruption or inability to access The Event, the Website, or any other Event-related page or websites, or any online service via the Internet due to hardware or software compatibility problems, (k) any damage to entrant’s (or any third person’s) computer and/or its contents related to or resulting from any part of The Event, (l) any lost/delayed data transmissions, omissions, interruptions, defects, and/or any other errors or malfunctions, (m) any late, lost, stolen, mutilated, misdirected, illegible, 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 Event Entities, or any of their agents or employees, (o) any lost, late, stolen, misdirected, damaged or destroyed prize (or any component thereof), (p) the collection, use and/or sharing of entrant’s personally identifiable information by Sponsors or their designees, or (q) the negligence or willful misconduct by entrant. Any and all activities related to a prize, are at the winner’s or entrant’s own risk and subject to whatever restrictions are imposed by the entities that govern such activities.

7. DISPUTES

EXCEPT WHERE PROHIBITED BY LAW, THE EVENT IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF TENNESSEE, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN THE COUNTY OF WASHINGTON, TENNESSEE. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY JAMS IN ACCORDANCE WITH ITS ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (“JAMS RULES”). THE JAMS RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN TENNESSEE. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN WASHINGTON COUNTY, TENNESSEE. 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, 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. ANY DEMAND FOR ARBITRATION MUST BE FILED WITHIN ONE (1) YEAR OF THE TIME THE CAUSE OF ACTION ACCRUED, 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 Event Entities and/or any other party shall be resolved individually, without resort to any form of class action. Each entrant hereby irrevocably and unconditionally waives his/her right to a jury trial.

8. PRIVACY POLICY

Any personally identifiable information collected during an entrant's participation in the Event will be collected by the Sponsors or their agent and used by Sponsors, their affiliates, agents, and marketers for purposes of the proper administration and fulfillment of the Event as described in these Official Rules, and in accordance with each Sponsor’s Privacy Policies as stated at https://www.actionvfx.com/privacy-policy and https://www.boxx.com/about/privacy-policy.

9. PUBLICITY RIGHTS

By participating in the Event and/or accepting a prize, each entrant agrees to allow the Sponsors and/or the Sponsors’ designee(s) the perpetual right to use his/her name, address (city and state), biographical information, photos, picture, portrait, likeness, voice, and/or statements regarding the Event and/or Sponsors for promotion, trade, commercial, advertising and publicity purposes, at any time or times, in all media now known or hereafter discovered, including, but not limited to, live television, worldwide, on the World Wide Web and Internet, without notice, review or approval and without additional compensation, except where prohibited by law.

10. GENERAL

Any attempted form of participation in the Event other than as described herein is void. Sponsors and Administrator reserve the right to disqualify any entrant found or suspected, in their sole and absolute discretion, to be tampering with the operation of the Event; 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 the Event. Any attempted form of participation in the Event other than as in these Official Rules is void. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE EVENT IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSORS RESERVE 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. No entrant shall have the right to modify or amend these Official Rules. Sponsors’ and/or Administrator’s interpretation of these Official Rules is final and binding in all matters related to the Event. Sponsors’ 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 Event Entries and/or materials submitted become the property of Sponsors and will not be returned. In the event of any conflict with any Event details contained in these Official Rules and Event details contained in any Sponsor or Administrator statement (such as in online forums or FAQs) or promotional materials (including but not limited to point of sale, television and print advertising, promotional packaging and other promotional media), the details of the Event as set forth in these Official Rules shall prevail.

Sponsored by ActionVFX, 112 E. Myrtle St Suite #503 Johnson City, TN 37615 and BOXX Technologies, 10435 Burnet Rd, Austin, TX 78758.

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