The Sticker Mule Cyberbeast Giveaway
Rules and Legal Disclaimer
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NO PURCHASE IS NECESSARY TO ENTER, WIN OR CLAIM THE PRIZE. A PURCHASE OR PAYMENT WILL NOT INCREASE A PARTICIPANT‘S CHANCES OF WINNING.
THE GIVEAWAY IS OPEN ONLY TO LEGAL RESIDENTS OF THE UNITED STATES (EXCLUDING ALASKA, RHODE ISLAND, NEW YORK, FLORIDA, AND U.S. TERRITORIES AND POSSESSIONS OUTSIDE OF THE UNITED STATES AND WHERE OTHERWISE PROHIBITED BY LAW), WHO ARE AT LEAST THE AGE OF MAJORITY AT THE TIME OF ENTRY. VOID WHERE PROHIBITED.
This Sticker Mule Cyberbeast Giveaway (the "Giveaway") is sponsored and administered by Sticker Mule, LLC (@stickermule) ("Sponsor/Administrator"), 336 Forest Avenue, Amsterdam, New York 12010. By entering into the Giveaway, each participant agrees to abide by these Official Giveaway Rules and Legal Disclaimer and the decisions of the Sponsor, such decisions which are final and binding in all respects.
1. Eligibility
This Giveaway is open only to legal residents of the United States (excluding Alaska, Rhode Island, New York, Florida, and U.S. Territories and Possessions outside of the United States and where otherwise prohibited by law), who are of the age of majority (i.e., a legal adult) in their state of residence at the time of entry ("Participant" or "you"), have a valid U.S. driver‘s license, and who are users of the www.x.com platform (“X”, see, X’s Terms of Service). Employees, officers, directors or agents of Sponsor, or any of Sponsor‘s partners, related companies, affiliates, agencies, or agents, as well as the immediate family (defined as spouse, parents, siblings, children, and grandparents) and same household members of any such employee, officer, director, or agent, and unverified users are not eligible to participate. All applicable federal, state, and local laws and regulations apply. Void where prohibited or restricted by law.
For purposes of the Giveaway, a Participant‘s residential address will be the physical address submitted at the time of entry. To the extent a Participant changes their residential address to an ineligible state prior to completing the Declaration (defined below), the Participant will no longer be eligible to receive the Prize.
2. Giveaway period; Entry rules
This Giveaway represents a sales and marketing promotion. No purchase is necessary to enter or win. A purchase does not improve the chances of winning the Giveaway.
To enter the Giveaway, beginning on June 25, 2024 at 9pm ET through July 9, 2024 at 11:59pm ET, log on to X and follow the links and instructions to become a follower of Sponsor’s page on X, located at @stickermule (“Sponsor’s X Page”). Then, look for the Giveaway Post on Sponsor’s X Page, https://x.com/stickermule/status/1805719962767569062 (the “Giveaway Post”) and repost/retweet the Giveaway Post. Sponsor will not consider incorrect, fraudulent, incomplete, late, or otherwise non-conforming entries or entries that are intended to annoy, abuse, threaten, or harass any person or entity in any way. Limit of one (1) entry per Participant; multiple entries by any one individual are void. Entries generated by macro, script, or other automated means are void. Entries generated by robotic, macro, script, or other automated means are void. Any Participant using fraudulent or deceptive means to participate in the Giveaway will be disqualified and may be guilty of violating applicable criminal laws. All entries, once provided, are Sponsor‘s sole and exclusive property and will neither be returned nor acknowledged. Eligibility is at the exclusive discretion of Sponsor, and Sponsor shall be entitled to reject any Participant for any reason or no reason at all without having to provide an explanation. Sponsor reserves the right, in its sole discretion, to cancel, suspend, or terminate the Giveaway for any reason and without prior notice to any Participant. In such instance, Sponsor may, if and as appropriate, select a winner using reasonable means that are materially consistent with the Giveaway.
If a wanting Participant does not already have an X account, the Participant must visit www.x.com to create one; creating an X account is free. By submitting Participant’s information and creating an X account, Participant will be required to agree to X’s Terms of Service and Privacy Policy. If the Participant does not agree to X’s terms of service and privacy policy, the Participant cannot create an X account.
By participating in the Giveaway, each Participant fully and unconditionally agrees to be bound by and accepts these official rules (the "Official Rules") which are final and binding in all respects. Any violation of these Official Rules may, at Sponsor‘s sole discretion, result in disqualification.
The Sponsor will be collecting, storing, and using personal data about Participants to administer the Giveaway and exercise its rights hereunder, including without limitation, those relating to marketing and publicity. The Sponsor will receive solely the user names of the potential winners of the Giveaway for their recordkeeping, marketing, and publicity uses. By entering the Giveaway, Participants agree to the Sponsor‘s collection and use of their personal information. All Participant information, including e-mail addresses, is subject to the privacy policy and terms of service of the Sponsor. The governing terms for the Sponsor can be found at https://www.stickermule.com/legal/terms and https://www.stickermule.com/legal/privacy.
3. Provision of materials and information/intellectual property
By entering into the Giveaway, Participant represents and warrants as follows: (1) that the Participant is at least eighteen (18) years of age or the age of majority in the jurisdiction in which the Participant resides, and the Participant is otherwise able to form a binding contract with the Sponsor; (2) that the Participant fully owns or has properly licensed whatever materials or information it submits hereunder in connection with the Giveaway and can make such submissions without violating any applicable law, agreement with any third-party, and/or third-party right of any kind (including without limitation any intellectual property, data protection, privacy, or publicity right); and (3) that any and all materials or information provided by it hereunder shall be true and correct in all respects. Furthermore, without limitation on anything set forth herein to the contrary, the Sponsor shall have the irrevocable, transferable, and fully sublicensable right and license (but not the obligation) to exploit any and all such materials or information in any manner it so elects to promote the Giveaway, its business, brand, products, and/or services, throughout the world in perpetuity, and in any and all media, now or hereafter known.
4. Random drawing; Prizes; Notifying prize winners
A random drawing will be conducted on or about July 10, 2024 by the Sponsor to select a potential winner (the "Winner") from among all eligible entries received. Odds of winning depend on the number of entries received.
The potential Winner will be notified through their X account and must sign and return the Declaration of Eligibility and Liability/Publicity Release (“Declaration”) within eight (8) business days following the effective date of the Sponsor‘s prize notification (the "Notification"). Failure to respond to the Notification within the applicable time period will result in forfeiture of the prize, which is one (1) 2024 Tesla Cybertruck (Cyberbeast model) (the "Prize"), and the Sponsor shall have the option to award the Prize to an alternate Winner. The total approximate retail value (“ARV”) of the Prize awarded under this Giveaway is: $99,000 USD. The ARV for the Prize is an estimate made before the Giveaway begins and may vary based on current market conditions. Any difference between the ARV and the actual value, if any, will not be awarded. If you decline to accept the Prize as it is or you cannot accept it, you forfeit it. The Prize is not transferable, cannot be resold, and is not redeemable in any other form of value-added compensation. The return of the Notification or Prize as undeliverable may also result in disqualification and an alternate Winner may be selected. Sponsor is not responsible for digital communications that are undeliverable as a result of any filtering of any kind, any X account settings, or any other failure beyond Sponsor’s reasonable control. In the event of a dispute with respect to entries received from more than one X account having the same e-mail address/account, the authorized subscriber of the account in question at the time of entry will be deemed the proper Participant. A potential Winner will also forfeit the Prize if he or she is disqualified as not eligible to have participated in the Giveaway in the first instance.
Sponsor shall make arrangements with the Winner to award and deliver the Prize at a time and location of the Sponsor’s sole choosing. The Prize may not be suitable for importation or use in all jurisdictions, and the Winner is responsible for obtaining all such necessary importation and/or use approvals.
The Winner acknowledges that he/she must provide a government-issued photo identification and a valid driver’s license to claim the Prize. All federal, state, provincial, territorial, municipal, and local, taxes, fees, assessments, sales tax, and other similar charges resulting from acceptance of the Prize are the responsibility of the Winner and the Winner agrees to complete a 1099 form for the Sponsor. Acceptance of the Prize also constitutes permission to the Sponsor to use the Winner‘s name, likeness, and biographical information for marketing purposes (including posting the information on their websites) without further compensation or right of approval, unless prohibited by law.
SUBJECT TO APPLICABLE LAW, THE PRIZE IS OFFERED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND OR NATURE, INCLUDING WITHOUT LIMITATION, ANY WARRANTY RESPECTING CONDITION, MERCHANTABILITY, QUALITY, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE.
5. Publicity
Subject to applicable law, entrance in the Giveaway constitutes Participant‘s consent to use by Sponsor and its affiliates and agents of Participant’s name, voice, likeness, opinions, and biographical information for marketing, advertising, and publicity purposes in any media throughout the world at any time without the obligation to seek consent or to provide Participant with any payment or other form of consideration. Participant agrees to execute any document reasonably required by the Sponsor to effectuate the terms hereof and failure to do so shall give rise to the Sponsor‘s right to execute any and all such documents as Participant‘s attorney-in-fact, which right shall be coupled with an interest and therefore, irrevocable.
6. Limitation of liability, releases and indemnity
By participating in this Giveaway, each Participant agrees that the Sponsor and any other party associated with the development or administration of this Giveaway; their parent, subsidiary, and affiliated entities; and the respective officers, directors, members, shareholders, employees, independent contractors, agents, attorneys, representatives, successors and assigns of each (collectively, "Released Parties") are not responsible for: (i) lost, late, incomplete, stolen, misdirected, postage due or undeliverable e-mail/text notifications or postal mail; (ii) any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections, or availability; (iii) garbled, corrupt or jumbled transmissions, service provider/network accessibility, availability or traffic congestion; (iv) any technical, mechanical, printing or typographical or other error; (v) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, technical error, theft or destruction or unauthorized access to the Giveaway; (vi) 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, accepting the Prize, and/or use of the Prize; and (vii) entries that are late, forged, lost, misplaced, misdirected, tampered with, incomplete, deleted, damaged, garbled or otherwise not in compliance with the Official Rules.
By entering the Giveaway, each Participant agrees: (i) to be bound by these Official Rules, including entry requirements; (ii) to waive any rights to claim ambiguity with respect to these Official Rules; (iii) to waive all of the Participant‘s 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, discharge and hold harmless 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 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 Participant‘s entries, participation or inability to participate in the Giveaway; (b) the violation of any third-party privacy, personal, publicity or proprietary rights; (c) acceptance, attendance at, receipt, travel related to, participation in, delivery of, possession, use, non-use, misuse, inability to use, loss, negligence or willful misconduct in connection with the use of the Prize; (d) any change in the prizing (or any components thereof); (e) human error; (f) any wrongful, negligent, or unauthorized act or omission on the part of any of the Released Parties; (g) lost, late, stolen, misdirected, damaged or destroyed prizing (or any element thereof); (h) tax issues; or (i) the negligence or willful misconduct by any Participant.
By entering this Giveaway, each Participant hereby agrees to indemnify and hold the Released Parties harmless from and against any and all third party claims, actions or proceedings of any kind and from any and all claims, damages, injuries, death, liabilities, losses, costs and expenses relating to or arising out of any breach or alleged breach of any of the warranties, representations or agreements of the Participant hereunder, or any actions taken in connection with the receipt, use, or misuse of any Prize, no matter how such claim or loss arises (including without limitation, if arising out of any damage to a Participant‘s computer system from downloading or using material from the websites of Sponsor and its affiliates, or X/Tesla in connection with the Giveaway), or relating to or arising directly or indirectly out of the Participant‘s participation in a Giveaway (or related activity such as a press release), and/or the ‘s and/or the ‘s right to exploit Participant‘s name and/or likeness or fully exploit any other right granted to it hereunder.
WITHOUT LIMITING THE FOREGOING, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVERYTHING REGARDING THIS GIVEAWAY, INCLUDING THE 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.
UNDER NO CIRCUMSTANCES WILL ANY PARTICIPANT BE PERMITTED TO OBTAIN AWARDS FOR, AND PARTICIPANT HEREBY WAIVES ALL RIGHTS TO CLAIM, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR ANY OTHER DAMAGES WHATSOEVER. IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE TO ANY PARTICIPANT OR WINNER FOR DAMAGES THAT EXCEED THE VALUE OF THE PRIZE TO BE AWARDED TO THE PARTICIPANT IN THIS GIVEAWAY. SPONSOR‘S FAILURE TO ENFORCE ANY PROVISION IN THESE OFFICIAL RULES WILL NOT BE DEEMED A WAIVER OF SUCH.
NOTE ABOUT X AND TESLA: Sponsor is in no way affiliated with X or Tesla and is not responsible for any changes to, or the unavailability of, any X/Tesla service/product that may interfere with the Giveaway (including any limitations, restrictions, or conditions on Sponsor’s ability to use X for the Giveaways as set forth herein that are not acceptable to Sponsor) or Participant’s ability to log into X, enter the Giveaway, receive notices from or communicate with Sponsor, or receive or use the Prize, in which case Sponsor, in its sole discretion, may terminate or modify the Giveaway. It is a Participant’s responsibility to configure his/her X account as appropriate to comply with the Official Rules and accept communications from Sponsor, and to make appropriate arrangements to allow the Prize to be delivered. It is also a Participant’s responsibility to timely check his/her X account for direct messages from Sponsor regarding the Giveaway.
7. Applicable laws, jurisdiction and disputes
THIS GIVEAWAY IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW YORK. ALL CLAIMS AND CONTROVERSIES SHALL BE RESOLVED MANDATORY BINDING ARBITRATION, UNLESS OTHERWISE REQUIRED BY LAW, ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF ("AAA RULES"). THE AAA RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN NEW YORK. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN MONTGOMERY COUNTY, NEW YORK. YOU CONSENT TO WAIVE ALL DEFENSES OF “LACK OF PERSONAL JURISDICTION” AND “INCONVENIENT FORUM” WITH THE RESPECT TO THE VENUE AND JURISDICTION IN THE FORUM ARTICULATED ABOVE. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES NOT TO EXCEED THE ACTUAL CASH VALUE OF THE PRIZE, 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 ATTORNEYS‘ FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. PARTICIPANTS AGREE THAT THE RIGHTS AND OBLIGATIONS OF ANY PARTICIPANT AND/OR THE RELEASED PARTIES AND/OR ANY OTHER PARTY SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. ANY DEMAND FOR ARBITRATION MUST BE FILED WITHIN ONE (1) YEAR FROM THE END OF THE GIVEAWAY PERIOD, OR THE CAUSE OF ACTION SHALL BE FOREVER BARRED.
8. Disclosure of name and address of the winner
The name and address of the Winner may be obtained by sending a self-addressed stamped envelope to Sticker Mule, LLC, 336 Forest Avenue, Amsterdam, New York 12010. Sponsor shall provide the name and Address of the Winner to any person upon request within sixty (60) days of the Sponsor‘s receipt of the request. Requests for the name and Address of the Winner must be received no later than thirty (30) days after the Giveaway ends, as identified herein. By entering the Giveaway, you agree to having your name and address provided to anyone who may properly request the name of the Winner under this Paragraph 8.
9. Name removal
Participants may contact the Sponsor to request that their names and contact information be removed from future Giveaway mailings by sending a written request to Sticker Mule, LLC, 336 Forest Avenue, Amsterdam, New York 12010. The Sponsor will remove such individual‘s name and contact information from future Giveaway mailings within sixty (60) days of the Sponsor‘s receipt of the removal request.
10. The Sponsor‘s final discretion
To the extent not covered herein, the Sponsor reserves the right to make determinations in connection with this Giveaway subject to its sole discretion. If you have any questions, please feel free to contact the Sponsor at the address listed in Paragraph 8.
NO PURCHASE NECESSARY. A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING.
NO PURCHASE IS NECESSARY TO ENTER, WIN OR CLAIM THE PRIZE. A PURCHASE OR PAYMENT WILL NOT INCREASE A PARTICIPANT‘S CHANCES OF WINNING.
THE GIVEAWAY IS OPEN ONLY TO LEGAL RESIDENTS OF THE UNITED STATES (EXCLUDING ALASKA, RHODE ISLAND, NEW YORK, FLORIDA, AND U.S. TERRITORIES AND POSSESSIONS OUTSIDE OF THE UNITED STATES AND WHERE OTHERWISE PROHIBITED BY LAW), WHO ARE AT LEAST THE AGE OF MAJORITY AT THE TIME OF ENTRY. VOID WHERE PROHIBITED.
This Sticker Mule Cyberbeast Giveaway (the "Giveaway") is sponsored and administered by Sticker Mule, LLC (@stickermule) ("Sponsor/Administrator"), 336 Forest Avenue, Amsterdam, New York 12010. By entering into the Giveaway, each participant agrees to abide by these Official Giveaway Rules and Legal Disclaimer and the decisions of the Sponsor, such decisions which are final and binding in all respects.
1. Eligibility
This Giveaway is open only to legal residents of the United States (excluding Alaska, Rhode Island, New York, Florida, and U.S. Territories and Possessions outside of the United States and where otherwise prohibited by law), who are of the age of majority (i.e., a legal adult) in their state of residence at the time of entry ("Participant" or "you"), have a valid U.S. driver‘s license, and who are users of the www.x.com platform (“X”, see, X’s Terms of Service). Employees, officers, directors or agents of Sponsor, or any of Sponsor‘s partners, related companies, affiliates, agencies, or agents, as well as the immediate family (defined as spouse, parents, siblings, children, and grandparents) and same household members of any such employee, officer, director, or agent, and unverified users are not eligible to participate. All applicable federal, state, and local laws and regulations apply. Void where prohibited or restricted by law.
For purposes of the Giveaway, a Participant‘s residential address will be the physical address submitted at the time of entry. To the extent a Participant changes their residential address to an ineligible state prior to completing the Declaration (defined below), the Participant will no longer be eligible to receive the Prize.
2. Giveaway period; Entry rules
This Giveaway represents a sales and marketing promotion. No purchase is necessary to enter or win. A purchase does not improve the chances of winning the Giveaway.
To enter the Giveaway, beginning on June 25, 2024 at 9pm ET through July 9, 2024 at 11:59pm ET, log on to X and follow the links and instructions to become a follower of Sponsor’s page on X, located at @stickermule (“Sponsor’s X Page”). Then, look for the Giveaway Post on Sponsor’s X Page, https://x.com/stickermule/status/1805719962767569062 (the “Giveaway Post”) and repost/retweet the Giveaway Post. Sponsor will not consider incorrect, fraudulent, incomplete, late, or otherwise non-conforming entries or entries that are intended to annoy, abuse, threaten, or harass any person or entity in any way. Limit of one (1) entry per Participant; multiple entries by any one individual are void. Entries generated by macro, script, or other automated means are void. Entries generated by robotic, macro, script, or other automated means are void. Any Participant using fraudulent or deceptive means to participate in the Giveaway will be disqualified and may be guilty of violating applicable criminal laws. All entries, once provided, are Sponsor‘s sole and exclusive property and will neither be returned nor acknowledged. Eligibility is at the exclusive discretion of Sponsor, and Sponsor shall be entitled to reject any Participant for any reason or no reason at all without having to provide an explanation. Sponsor reserves the right, in its sole discretion, to cancel, suspend, or terminate the Giveaway for any reason and without prior notice to any Participant. In such instance, Sponsor may, if and as appropriate, select a winner using reasonable means that are materially consistent with the Giveaway.
If a wanting Participant does not already have an X account, the Participant must visit www.x.com to create one; creating an X account is free. By submitting Participant’s information and creating an X account, Participant will be required to agree to X’s Terms of Service and Privacy Policy. If the Participant does not agree to X’s terms of service and privacy policy, the Participant cannot create an X account.
By participating in the Giveaway, each Participant fully and unconditionally agrees to be bound by and accepts these official rules (the "Official Rules") which are final and binding in all respects. Any violation of these Official Rules may, at Sponsor‘s sole discretion, result in disqualification.
The Sponsor will be collecting, storing, and using personal data about Participants to administer the Giveaway and exercise its rights hereunder, including without limitation, those relating to marketing and publicity. The Sponsor will receive solely the user names of the potential winners of the Giveaway for their recordkeeping, marketing, and publicity uses. By entering the Giveaway, Participants agree to the Sponsor‘s collection and use of their personal information. All Participant information, including e-mail addresses, is subject to the privacy policy and terms of service of the Sponsor. The governing terms for the Sponsor can be found at https://www.stickermule.com/legal/terms and https://www.stickermule.com/legal/privacy.
3. Provision of materials and information/intellectual property
By entering into the Giveaway, Participant represents and warrants as follows: (1) that the Participant is at least eighteen (18) years of age or the age of majority in the jurisdiction in which the Participant resides, and the Participant is otherwise able to form a binding contract with the Sponsor; (2) that the Participant fully owns or has properly licensed whatever materials or information it submits hereunder in connection with the Giveaway and can make such submissions without violating any applicable law, agreement with any third-party, and/or third-party right of any kind (including without limitation any intellectual property, data protection, privacy, or publicity right); and (3) that any and all materials or information provided by it hereunder shall be true and correct in all respects. Furthermore, without limitation on anything set forth herein to the contrary, the Sponsor shall have the irrevocable, transferable, and fully sublicensable right and license (but not the obligation) to exploit any and all such materials or information in any manner it so elects to promote the Giveaway, its business, brand, products, and/or services, throughout the world in perpetuity, and in any and all media, now or hereafter known.
4. Random drawing; Prizes; Notifying prize winners
A random drawing will be conducted on or about July 10, 2024 by the Sponsor to select a potential winner (the "Winner") from among all eligible entries received. Odds of winning depend on the number of entries received.
The potential Winner will be notified through their X account and must sign and return the Declaration of Eligibility and Liability/Publicity Release (“Declaration”) within eight (8) business days following the effective date of the Sponsor‘s prize notification (the "Notification"). Failure to respond to the Notification within the applicable time period will result in forfeiture of the prize, which is one (1) 2024 Tesla Cybertruck (Cyberbeast model) (the "Prize"), and the Sponsor shall have the option to award the Prize to an alternate Winner. The total approximate retail value (“ARV”) of the Prize awarded under this Giveaway is: $99,000 USD. The ARV for the Prize is an estimate made before the Giveaway begins and may vary based on current market conditions. Any difference between the ARV and the actual value, if any, will not be awarded. If you decline to accept the Prize as it is or you cannot accept it, you forfeit it. The Prize is not transferable, cannot be resold, and is not redeemable in any other form of value-added compensation. The return of the Notification or Prize as undeliverable may also result in disqualification and an alternate Winner may be selected. Sponsor is not responsible for digital communications that are undeliverable as a result of any filtering of any kind, any X account settings, or any other failure beyond Sponsor’s reasonable control. In the event of a dispute with respect to entries received from more than one X account having the same e-mail address/account, the authorized subscriber of the account in question at the time of entry will be deemed the proper Participant. A potential Winner will also forfeit the Prize if he or she is disqualified as not eligible to have participated in the Giveaway in the first instance.
Sponsor shall make arrangements with the Winner to award and deliver the Prize at a time and location of the Sponsor’s sole choosing. The Prize may not be suitable for importation or use in all jurisdictions, and the Winner is responsible for obtaining all such necessary importation and/or use approvals.
The Winner acknowledges that he/she must provide a government-issued photo identification and a valid driver’s license to claim the Prize. All federal, state, provincial, territorial, municipal, and local, taxes, fees, assessments, sales tax, and other similar charges resulting from acceptance of the Prize are the responsibility of the Winner and the Winner agrees to complete a 1099 form for the Sponsor. Acceptance of the Prize also constitutes permission to the Sponsor to use the Winner‘s name, likeness, and biographical information for marketing purposes (including posting the information on their websites) without further compensation or right of approval, unless prohibited by law.
SUBJECT TO APPLICABLE LAW, THE PRIZE IS OFFERED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND OR NATURE, INCLUDING WITHOUT LIMITATION, ANY WARRANTY RESPECTING CONDITION, MERCHANTABILITY, QUALITY, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE.
5. Publicity
Subject to applicable law, entrance in the Giveaway constitutes Participant‘s consent to use by Sponsor and its affiliates and agents of Participant’s name, voice, likeness, opinions, and biographical information for marketing, advertising, and publicity purposes in any media throughout the world at any time without the obligation to seek consent or to provide Participant with any payment or other form of consideration. Participant agrees to execute any document reasonably required by the Sponsor to effectuate the terms hereof and failure to do so shall give rise to the Sponsor‘s right to execute any and all such documents as Participant‘s attorney-in-fact, which right shall be coupled with an interest and therefore, irrevocable.
6. Limitation of liability, releases and indemnity
By participating in this Giveaway, each Participant agrees that the Sponsor and any other party associated with the development or administration of this Giveaway; their parent, subsidiary, and affiliated entities; and the respective officers, directors, members, shareholders, employees, independent contractors, agents, attorneys, representatives, successors and assigns of each (collectively, "Released Parties") are not responsible for: (i) lost, late, incomplete, stolen, misdirected, postage due or undeliverable e-mail/text notifications or postal mail; (ii) any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections, or availability; (iii) garbled, corrupt or jumbled transmissions, service provider/network accessibility, availability or traffic congestion; (iv) any technical, mechanical, printing or typographical or other error; (v) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, technical error, theft or destruction or unauthorized access to the Giveaway; (vi) 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, accepting the Prize, and/or use of the Prize; and (vii) entries that are late, forged, lost, misplaced, misdirected, tampered with, incomplete, deleted, damaged, garbled or otherwise not in compliance with the Official Rules.
By entering the Giveaway, each Participant agrees: (i) to be bound by these Official Rules, including entry requirements; (ii) to waive any rights to claim ambiguity with respect to these Official Rules; (iii) to waive all of the Participant‘s 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, discharge and hold harmless 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 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 Participant‘s entries, participation or inability to participate in the Giveaway; (b) the violation of any third-party privacy, personal, publicity or proprietary rights; (c) acceptance, attendance at, receipt, travel related to, participation in, delivery of, possession, use, non-use, misuse, inability to use, loss, negligence or willful misconduct in connection with the use of the Prize; (d) any change in the prizing (or any components thereof); (e) human error; (f) any wrongful, negligent, or unauthorized act or omission on the part of any of the Released Parties; (g) lost, late, stolen, misdirected, damaged or destroyed prizing (or any element thereof); (h) tax issues; or (i) the negligence or willful misconduct by any Participant.
By entering this Giveaway, each Participant hereby agrees to indemnify and hold the Released Parties harmless from and against any and all third party claims, actions or proceedings of any kind and from any and all claims, damages, injuries, death, liabilities, losses, costs and expenses relating to or arising out of any breach or alleged breach of any of the warranties, representations or agreements of the Participant hereunder, or any actions taken in connection with the receipt, use, or misuse of any Prize, no matter how such claim or loss arises (including without limitation, if arising out of any damage to a Participant‘s computer system from downloading or using material from the websites of Sponsor and its affiliates, or X/Tesla in connection with the Giveaway), or relating to or arising directly or indirectly out of the Participant‘s participation in a Giveaway (or related activity such as a press release), and/or the ‘s and/or the ‘s right to exploit Participant‘s name and/or likeness or fully exploit any other right granted to it hereunder.
WITHOUT LIMITING THE FOREGOING, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVERYTHING REGARDING THIS GIVEAWAY, INCLUDING THE 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.
UNDER NO CIRCUMSTANCES WILL ANY PARTICIPANT BE PERMITTED TO OBTAIN AWARDS FOR, AND PARTICIPANT HEREBY WAIVES ALL RIGHTS TO CLAIM, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR ANY OTHER DAMAGES WHATSOEVER. IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE TO ANY PARTICIPANT OR WINNER FOR DAMAGES THAT EXCEED THE VALUE OF THE PRIZE TO BE AWARDED TO THE PARTICIPANT IN THIS GIVEAWAY. SPONSOR‘S FAILURE TO ENFORCE ANY PROVISION IN THESE OFFICIAL RULES WILL NOT BE DEEMED A WAIVER OF SUCH.
NOTE ABOUT X AND TESLA: Sponsor is in no way affiliated with X or Tesla and is not responsible for any changes to, or the unavailability of, any X/Tesla service/product that may interfere with the Giveaway (including any limitations, restrictions, or conditions on Sponsor’s ability to use X for the Giveaways as set forth herein that are not acceptable to Sponsor) or Participant’s ability to log into X, enter the Giveaway, receive notices from or communicate with Sponsor, or receive or use the Prize, in which case Sponsor, in its sole discretion, may terminate or modify the Giveaway. It is a Participant’s responsibility to configure his/her X account as appropriate to comply with the Official Rules and accept communications from Sponsor, and to make appropriate arrangements to allow the Prize to be delivered. It is also a Participant’s responsibility to timely check his/her X account for direct messages from Sponsor regarding the Giveaway.
7. Applicable laws, jurisdiction and disputes
THIS GIVEAWAY IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW YORK. ALL CLAIMS AND CONTROVERSIES SHALL BE RESOLVED MANDATORY BINDING ARBITRATION, UNLESS OTHERWISE REQUIRED BY LAW, ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF ("AAA RULES"). THE AAA RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN NEW YORK. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN MONTGOMERY COUNTY, NEW YORK. YOU CONSENT TO WAIVE ALL DEFENSES OF “LACK OF PERSONAL JURISDICTION” AND “INCONVENIENT FORUM” WITH THE RESPECT TO THE VENUE AND JURISDICTION IN THE FORUM ARTICULATED ABOVE. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES NOT TO EXCEED THE ACTUAL CASH VALUE OF THE PRIZE, 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 ATTORNEYS‘ FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. PARTICIPANTS AGREE THAT THE RIGHTS AND OBLIGATIONS OF ANY PARTICIPANT AND/OR THE RELEASED PARTIES AND/OR ANY OTHER PARTY SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. ANY DEMAND FOR ARBITRATION MUST BE FILED WITHIN ONE (1) YEAR FROM THE END OF THE GIVEAWAY PERIOD, OR THE CAUSE OF ACTION SHALL BE FOREVER BARRED.
8. Disclosure of name and address of the winner
The name and address of the Winner may be obtained by sending a self-addressed stamped envelope to Sticker Mule, LLC, 336 Forest Avenue, Amsterdam, New York 12010. Sponsor shall provide the name and Address of the Winner to any person upon request within sixty (60) days of the Sponsor‘s receipt of the request. Requests for the name and Address of the Winner must be received no later than thirty (30) days after the Giveaway ends, as identified herein. By entering the Giveaway, you agree to having your name and address provided to anyone who may properly request the name of the Winner under this Paragraph 8.
9. Name removal
Participants may contact the Sponsor to request that their names and contact information be removed from future Giveaway mailings by sending a written request to Sticker Mule, LLC, 336 Forest Avenue, Amsterdam, New York 12010. The Sponsor will remove such individual‘s name and contact information from future Giveaway mailings within sixty (60) days of the Sponsor‘s receipt of the removal request.
10. The Sponsor‘s final discretion
To the extent not covered herein, the Sponsor reserves the right to make determinations in connection with this Giveaway subject to its sole discretion. If you have any questions, please feel free to contact the Sponsor at the address listed in Paragraph 8.
NO PURCHASE NECESSARY. A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING.