The $25,000 Daily Jackpot Sweepstakes Official Rules
NO PURCHASE NECESSARY TO PARTICIPATE OR WIN A PRIZE. VOID WHERE PROHIBITED.
Please note that this Sweepstakes may be presented in conjunction with different offers sponsored or co-sponsored by The Daily Jackpot (the “Sponsor”), together with its subsidiaries, affiliates, and partners, and may be presented in conjunction with offers sponsored by different organizations. Regardless of where or how the Sweepstakes may be described or presented, it is subject to the following rules.
Participation in the Sweepstakes (the “Sweepstakes”) constitutes entrant’s full and unconditional agreement to, and acceptance of, these Official Rules, including the agreement that all decisions of Sponsor are final and binding in all respects on all entrants. Winning a prize is contingent upon entrant fulfilling all requirements set forth in these Official Rules.
PRELIMINARY DISCLOSURE: Unless you enter by mail by following the instructions set forth in Section 5, in order to process your entry you must take a survey, either over the phone or online. BY ENTERING, YOU ARE AGREEING TO ACCEPT CALLS FROM THE SPONSOR TO TAKE AN ENTRY SURVEY. All calls are made using automated dialing technology. Entry surveys may include special offers, and you are also agreeing to receive additional automated calls from the Sponsor that feature offers that may correspond to your survey responses, regardless of whether your phone number is registered on a federal or state Do-Not-Call list, or is a cellphone or landline. You may receive offers during or after the survey, but NO PURCHASE NECESSARY TO PARTICIPATE OR WIN A PRIZE. You may decline to receive follow-up calls at any time by requesting removal during a call or via the Sponsor’s website.
1. PROMOTIONAL PERIOD: On each day, from August 18th, 2014 through November 16th, 2014, the Sponsor shall enter eligible consumers (“Participants”) into a daily drawing for the prize specified below (“Prize”) through whatever legal means and in whatever legal manner chosen by the Sponsor in its sole discretion, such that said Participants may enter the Sweepstakes for a chance to win the Prize. Only one (1) Prize is available to be won.
2. ELIGIBILITY: Subject to the eligibility restrictions set forth below, the Sweepstakes is open to legal residents of the United States who are: (1) 18 years of age or older at time of entry; (2) have a valid telephone number and e-mail address; and (3) participate in a consumer survey (the “Survey”) conducted via telephone or online. The Survey includes questions regarding consumer status, wants, needs, and preferences, including (but not limited to): homeowner status, consumer debt levels, education, health, employment, and purchase preferences. All questions are to be determined in the Sponsor’s sole and absolute discretion. At least one (1) question must be answered before a Participant is entered. PARTICIPANTS ARE NOT REQUIRED TO PURCHASE ANY PRODUCT OR SERVICE TO PARTICIPATE. Participants may participate in the Sweepstakes by mail by following the instructions in Section 5.
3. RESTRICTIONS: Eligibility to participate is subject to the following restrictions: (1) Employees of Sponsor, its parents, affiliates and subsidiaries, participating advertising and promotion agencies, and prize suppliers (and members of their immediate family and/or those living in the same of household of each) are not eligible.
4. HOW TO PARTICIPATE: Participants may register to participate in the Sweepstakes by submitting online entry request forms (“Entry Requests”) on website(s) operated by the Sponsor or an affiliate thereof, or via mail. Unless submitted by mail, submission of an Entry Request in accordance with these rules constitutes a Participant’s express written consent to receive a call from the Sponsor via an automated dialing system to participate in the required survey. At its sole discretion, Sponsor may also publish one or more toll free numbers (“Entry Numbers”) that Participants may call to take the required Survey. Participants may also enter via mail without participating in a Survey or receiving a call from the Sponsor in accordance with Section 5 of these Official Rules. Participants will be identified by the telephone number utilized to participate in the Survey, which must match the number provided by the Participant on any Entry Request. In the event the telephone number used to participate belongs to someone other than the registered Participant, the entry will be invalid.
Upon commencing the Survey, the Participant will be entered into the pool of potential winners for that day’s prize drawing. Drawings will be conducted on or before 12:00 a.m. PST on each day during the Promotional Period. The cut-off time for submitting an entry is 2:00 p.m. PST. Any entries received after 2:00 p.m. will be entered into the next day’s drawing. At the drawing, each Participant will be assigned a unique entry number (“Entry Number”) that will be matched against a randomly selected winning number. If a Participant’s Entry Number matches the winning number, the Participant is a potential winner of the Prize, subject to proof of eligibility. Potential winners will be contacted via telephone and/or e-mail. In the event the Sponsor is unable to contact a potential winner after reasonable efforts to do so, or if a potential winner fails to confirm his or her eligibility to win the Prize, the Sponsor reserves the right to disqualify the potential winner. All potential winners are subject to verification of eligibility and compliance with the sweepstakes rules before any prize will be awarded. All taxes on any prize are the sole responsibility of the winner.
5. TO PARTICIPATE VIA MAIL: During the Sweepstakes Period, individuals may enter the Sweepstakes without participating in a Survey or receiving a call from the Sponsor by mailing a 3” x 5” postcard with their first name, last name, email address, mailing address, and primary phone number to: The $25,000 Daily Jackpot Sweepstakes Entry Request c/o ProAdmin Solutions, 7040 Avenida Encinas, Suite 104, Carlsbad, CA 92011. Limit one (1) entry per person per day. All mail in entries must be individually hand-written. No copies or computer printouts will be accepted. Participants who enter via mail will be entered into the drawing on the first business day following that in which the written entry is received.
6. CONDITIONS OF PARTICIPATION: If due to printing, production or other errors, more prizes are claimed than intended, the intended prize will be awarded in a random drawing from all those submitting purportedly valid claims. No more than the number of prizes set forth in these Official Rules will be awarded. Use of any automated system to participate is prohibited and will result in disqualification. ALL POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING. A PARTICIPANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL SAID PARTICIPANT’S ELIGIBILITY HAS BEEN VERIFIED AND SAID PARTICIPANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE. No transfer, assignment or substitution of the Prize will be permitted, except Sponsor reserves the right to substitute the Prize for an item of equal or greater value in the event an advertised prize is unavailable. All federal, state and local laws and regulations apply. Contestants agree to be bound by the terms of these Official Rules and by the decisions of Sponsor, which are final and binding on all matters pertaining to this sweepstakes. Confirmation e-mail returned as undeliverable, telephone numbers that have been disconnected, or messages that are not returned within 24 hours may result in disqualification. Acceptance of a prize constitutes permission for Sponsor and its agencies to use winner’s name and/or likeness for advertising and promotional purposes without additional compensation, unless prohibited by law. By accepting a Prize, winners agree to hold Sponsor, Sponsor’s Designees, their respective directors, officers, employees, assigns, and advertising and promotional agencies harmless for any injury or damage caused or claimed to be caused by participation in the Promotion. Sponsor is not responsible for any typographical or other error in the printing of the offer, administration of the sweepstakes or in the announcement of the Prize.
7. PERMISSION TO CONTACT: By participating in the Sweepstakes, Participants agree to be contacted via telephone by the Sponsor at the number provided on an Entry Form for the following purposes: (1) to participate in an Entry Survey; (2) to receive offers for goods or services that may correspond with a Participant’s survey responses; (3) to offer opportunities to participate in additional promotions; and (4) to inform a Participant that he or she is a potential winner. Participants agree to be contacted using an automated (predictive) telephone system in accordance with these rules regardless of whether the telephone number(s) they provide are registered with any state or federal Do-Not-Call (DNC) Registry, and regardless of whether such number is a residential or mobile line. Participants may request to be added to the Sponsor’s internal DNC list at any time. If such a request has been made, the Sponsor will no longer contact the Participant unless he or she elects to re-enter this or any other Sweepstakes conducted by the Sponsor. Participants also agree to be contacted via email by the sponsor or its affiliates and marketing partners, which emails may include special offers and invitations to participate in additional sweepstakes. Participants may opt out of receiving such emails by following the removal instructions included therein.
8. PRIZES AND APPROXIMATE RETAIL VALUE: One (1) and only one cash prize of Twenty Five Thousand Dollars ($25,000.00) USD is available to be won. Odds of winning the Prize is 50,000,000:1. The winner is solely responsible for payment of any and all levied on the Prize by state and local taxing authorities. Prizes will be reported as required by law, rule or regulation. If required to do so by law, Sponsor may remit any tax due to the appropriate authority and deduct that amount from the Prize payment. No Participant will be declared a valid winner until verification and compliance with these Official Rules is properly completed as solely determined by Sponsor, and the potential winner has been officially notified of having won. If Sponsor, in its sole discretion, determines that an entrant with a winning entry is not a valid winner, the prize will be forfeited. In order to be declared a valid winner and receive a prize, each potential winner must: (1) be the registered owner of the phone number used to enter into the Sweepstakes, or a member of the owner’s household over the age of 18; (2) agree to email Sponsor a photograph of themselves upon request, and; (3) grant permission to Sponsor and its agents and affiliates to utilize his or her name, photograph, voice, biographical information and statements, at any time in perpetuity, for advertising, trade, publicity and promotional purposes without additional compensation, in all media now known or hereafter discovered, on the Internet, and other media (except where such usage is legally prohibited), without notice, review or approval.
In addition, each winner will be required to complete, sign, and return an Affidavit of Eligibility, a Liability Release, and where lawful a Publicity Release, and provide Sponsor with a true copy of a government issued photo identification and other required proof of eligibility within five (5) days of date of notification. If documents are not returned timely, or if the prize notification or prize is returned as non-deliverable, or if the potential winner is found to be ineligible or otherwise not in compliance with these Official Rules, the prize will be forfeited. Potential winners will also be disqualified if it is determined by the Sponsor in its sole discretion that the potential winner: (1) deliberately attempted to damage or “spoof” the entry process; (2) submitted an inaccurate, mutilated, or illegible entry; or (3) mass produced or made multiple copies of a written entry.
9. LIMITATION OF LIABILITY. In addition to all other rules and conditions of entry as stated herein, Participants agree to the following as an express condition of their participation:
Neither Sponsor, nor its subsidiaries, affiliates, officers, directors, employees, representatives and agents will have any liability whatsoever for, and shall be held harmless by participants, entrants and winners from and against any liability whatsoever that may result, in whole or in part, directly or indirectly, from acceptance, possession, loss, misuse or use of a prize or by virtue of his or her participation in this or any other Sweepstakes that may be conducted by the Sponsor.
Without limiting the foregoing, Participants understand and agree that, by participating, they are waiving any right to sue the Sponsor under any state or federal statute, rule, or regulation, including (but not limited to) the Telephone Consumer Protection Act of 1991 (TCPA), and rules established by the Federal Trade Commission and Federal Communications Commission enforcing the TCPA, either individually or as a member of any class action.
Sponsor is not responsible for lost, late, misdirected, incomplete, postage due or non-delivered entries, or for interrupted or unavailable satellite, network, server, Internet Service Provider (ISP), Web site, telephone or other connections, availability or accessibility, or miscommunications, or failed computer, satellite, telephone or cable transmissions, or lines, or technical or programming error or failure or jumbled, corrupted, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures, or technical errors or difficulties, or other errors of any kind whether human, mechanical, electronic or network or the incorrect or inaccurate capture of registration, entry or other information or the failure to capture, or loss of, any information. Persons who tamper with or abuse any aspect of this Sweepstakes, as solely determined by Sponsor, will be disqualified. Any use of robotic, automatic, macro, programmed, third party or like entry methods will void all such entries by such methods, and disqualify any entrant using such methods. Sponsor is not responsible for injury or damage to participants’ or to any other person’s computer related to, or resulting from, participating in this Sweepstakes or downloading materials from, or use of, Sponsor’s web site.
Should any portion of the Sweepstakes, in Sponsor’s sole opinion, be tampered with by any individual, or otherwise compromised by virus, worms, bugs, non-authorized human intervention, technical failures or any other causes which, in the sole opinion of Sponsor, corrupt or impair the administration, security, fairness or proper play, or submission of entries, Sponsor reserves the right at its sole discretion to suspend, modify or terminate the Sweepstakes, and select any winner from entries received prior to action taken or as otherwise deemed fair and appropriate by Sponsor. Sponsor, its subsidiaries, affiliates, partners, and personnel are not responsible for any incorrect or inaccurate information, whether caused by Web site users, tampering, hacking, or by any equipment or programming associated with, or utilized in, the Sweepstakes, and assume no responsibility for any error, interruption, deletion, defect, delay in operation, or transmission, communications line failure, theft or destruction, or unauthorized access to, or use to, Sponsor’s Web site. In the event of any irregular entry for a drawing for any reason whatsoever Sponsor’s sole liability will be to provide one entry in the next scheduled drawing (or as soon thereafter as practical) and will have no liability if there are no remaining drawings in the Promotion Period. No more than the stated number and type of prizes in these Official Rules will be awarded. In the event that production, technical, programming, digital or any other reasons cause more than the stated number or type of as set forth in these Official Rules, to be available and/or claimed, Sponsor reserves the right to award only the stated number and type of prizes by a random drawing among all legitimate, unawarded, eligible prize claims.
Anyone who enters this Sweepstakes online is solely responsible for the security of their user name, password, and other information. You should take precautions to keep it private to prevent unauthorized use. Neither the Sponsor nor any other person or entity will be responsible for any losses, damages or consequences you may suffer due to careless or unauthorized use of a user name or password.
10. GOVERNING LAW; DISPUTES: 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, via binding arbitration to be exclusively conducted in Los Angeles, California in accordance with the rules of the American Arbitration Association. One (1) arbitrator will be selected to conduct the proceeding, which shall be limited to one (1) day. The decision of the Arbitrator shall be considered binding and legally enforceable. 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. Under no circumstances will a participant be permitted to obtain awards for and participant hereby waives all rights to claim 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. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. Except where prohibited by law, all issues concerning the construction, validity and enforcement of these Official Rules, or the rights and obligations of the entrant and Sponsor, shall be construed and governed by the laws of the State of California, without regard to conflicts of law rules.
12. WINNER’S LIST: For the names of winners, if any, send a separate self-addressed, stamped envelope to: The $25,000 Daily Jackpot Sweepstakes Winners List, c/o ProAdmin Solutions, 7040 Avenida Encinas, Suite 104, Carlsbad, CA 92011. Requests must be received by December 31st, 2015.
13. ADMINISTRATOR: This sweepstakes is being administered by ProAdmin Solutions, a separate organization providing sweepstakes administration services. The Sponsor and the administrator are separate and unrelated entities with a limited contractual relationship, and are not to be viewed as partners, joint venturers, or in any other relationship that implies vicarious liability. The Sponsor can be contacted c/o ProAdmin Solutions, 7040 Avenida Encinas, Suite 104, Carlsbad, CA 92011.