The Netspend® Big Game Giveaway Sweepstakes Rules
NO PURCHASE NECESSARY TO ENTER OR WIN. PURCHASE WILL NOT INCREASE YOUR ODDS OF WINNING. Open 12/13/22-1/23/23. 21+. US only. Sponsor: Medium Rare Live, LLC.
The Netspend® Big Game Giveaway Sweepstakes (the “Promotion”) is sponsored and operated by Medium Rare Live, LLC (“Sponsor”). By entering the Promotion, you agree to comply with and be bound by these The Netspend® Big Game Giveaway Sweepstakes Rules (the “Sweeptstakes Rules”). Please review the Sweepstakes Rules carefully. If you do not agree to the terms and conditions of the Sweepstakes Rules in their entirety, you are not permitted to enter the Promotion. This Promotion may be canceled or postponed by Sponsor, at any time in its sole discretion, due to the ongoing pandemic (e.g., Coronavirus/COVID-19).
The Promotion is open only to individuals that are citizens or lawful residents of, and living in, the continental United States and/or the District of Columbia, who are twenty-one (21) years of age or older and that can enter into legally binding contracts under applicable law. The Promotion is expressly void in the States of Alaska, Florida, Hawaii and New York, and where otherwise prohibited by law. Employees, officers and directors of Sponsor, Mr. Shaquille Rashaun O’Neal (“Personality”), Authentic Brands Group, LLC, ABG-Shaq, LLC, Mine O’ Mine Holdings Inc., FVA Productions LLC, Salt River Community Gaming Enterprise (an enterprise of the Salt River Pima-Maricopa Indian Community), the Salt River Pima-Maricopa Indian Community, the Law Office of Jeffrey B. Gandel, all sponsors of the Event (including, without limitation, Netspend Corporation (“Netspend®”), and their respective parents, subsidiaries and affiliated companies, and each of their legal representatives, advertising, promotional, fulfillment and marketing agencies, and their immediate families (and those living in their respective households), are not eligible to participate or claim a Prize (as defined below) in the Promotion. Entrants wishing to obtain a copy of these Sweepstakes Rules may request a printed copy by writing to: Medium Rare Live, LLC, The Netspend Big Game Giveaway Sweepstakes, 447 Broadway, 2nd Floor #278, New York, NY 10013. Participation constitutes each entrant’s full and unconditional agreement to Sponsor’s decisions, which are final and binding in all matters related to the Promotion. Winning a Prize is contingent upon fulfilling all requirements set forth herein.
LIMITED TIME ONLY:
The Promotion period (“Promotion Period”) begins at 12:00:01 A.M. Eastern Standard Time (“EST”) on December 13, 2022, and ends at 11:59:59 P.M. EST on January 23, 2023. Entries must be received during Promotion Period to be eligible to win a Prize.
HOW TO ENTER:
(a) Website Entries. Prospective entrants wishing to enter the Promotion may go to the Promotion web page located at: https://shaqsfunhouse.com/netspend (the “Site”), and complete the Promotion entry form. In order to complete the Promotion entry form on the Site, each entrant must include the entrant’s: (i) full name; (ii) city/state of residence; (iii) e-mail address; (iv) date of birth; and (v) any other information requested on the Promotion entry form (collectively, “Site Registration Data”). Entrants who are potential Prize winners may be required to provide some or all of the following: (A) Social Security Number; (B) picture proof of identification, which may include a driver’s license, passport, voting card or similar government issued identification; (C) full mailing address; (D) telephone number; and (E) any other information requested by Sponsor in connection with the Prize verification/award process (“Prize Winner Data,” and together with the Site Registration Data, the “Registration Data”). Entrants must update their Registration Data, as necessary, to remain eligible to receive a Prize. Upon successful completion of the Promotion entry process, each individual shall receive one (1) entry in the Promotion (each, an “Entry”).
IDENTIFICATION OF ENTRANTS:
Each Entry will be identified by the applicable entrant’s e-mail address, as collected and stored in the Promotion Database. For purposes of these Sweepstakes Rules, the “Promotion Database” is defined as the entire list of valid Entries generated during the Promotion Period. Sponsor will stop accepting Entries at 11:59:59 P.M. EST on January 23, 2023.
HOW TO WIN A PRIZE:
Within thirty (30) days of the end of the Promotion Period, one (1) entry from the Promotion Database will be selected at random as the potential Grand Prize (as defined below) winner, and one hundred (100) entries from the Promotion Database will be selected as potential Standard Prize (as defined below) winners (“Winner Selection”). The potential Prize winners will be notified via e-mail within ten (10) days after Winner Selection.
PRIZE WINNER VERIFICATION AND ELIGIBILITY:
The potential Prize winners shall be subject to eligibility verification. The potential Prize winners must comply with these Sweepstakes Rules. Failure to do so may result in forfeiture of the applicable Prize, in its entirety. Each potential Prize winner may be required to provide Prize Winner Data and execute a notarized Affidavit of Eligibility and Liability/Publicity Release (“Affidavit”), as well as a liability, image and publicity release for the guest of the potential Grand Prize winner (where such release may contain provisions relating to exposure to COVID-19 at the Event), and return such Affidavit within five (5) days following attempted notification. In addition, each potential Prize winner may be required to provide picture proof of identification, which may include a driver’s license, passport, voting card or similar government issued identification, and proof that she/he/they is the entrant that submitted the applicable winning Entry.
Non-compliance by a potential Prize winner within this time period may result in forfeiture of the applicable Prize, with an alternative potential Prize winner selected. The return of a Prize and/or Prize notification as undeliverable may result in forfeiture of the applicable Prize. In no case shall any Covered Party be liable in any manner where a potential Prize winner has not received notification sent from Sponsor or where Sponsor fails to receive a response from a potential Prize winner within the required response period. The winning Entry, as well as the associated information of each potential Prize winner, must identically match the records maintained by Sponsor in order for the applicable Prize to be awarded. In the event of a dispute, the information maintained by Sponsor will govern. Entries will be deemed made by the person under whose e-mail address the Entry was submitted, regardless of who actually submitted the Entry.
(a) Standard Prize. Each of the Standard Prize winners will receive One Hundred Dollars ($100.00) payable by check (each, a “Standard Prize”).
(b) Grand Prize. The Grand Prize comprises a trip to attend Shaq’s Fun House 2023 at The Talking Stick Resort and Casino in Scottsdale, AZ (the “Event”), consisting of the following: (i) coach class, roundtrip airfare for the Grand Prize winner and one (1) guest from the major U.S. airport nearest the Grand Prize winner’s residence within the continental United States, to Phoenix, AZ; (ii) hotel accommodations for the Grand Prize winner and one (1) guest (one (1) room, double occupancy) for one (1) night at The Talking Stick Resort and Casino in Scottsdale, AZ on February 10, 2023; (iii) two (2) tickets for the Event to be used by the Grand Prize winner and one (1) guest; and (iv) Five Hundred Dollars ($500.00) payable by check (collectively, the “Grand Prize,” and together with the Standard Prizes, the “Prizes”).
(c) Approximate Retail Value. The approximate retail value (“ARV”) of each Standard Prize is One Hundred Dollars ($100.00), with an aggregate ARV of Ten Thousand Dollars ($10,000.00). The ARV of the Grand Prize is Three Thousand Five Hundred Dollars ($3,500.00). No Prize winner will receive the difference between the actual Prize value and the ARV.
(d) Prize Terms and Conditions. Limit one (1) Prize per household. The specifics of all aforementioned elements of the Prizes shall be determined in the sole and exclusive discretion of Sponsor. Some restrictions may apply.
Sponsor will determine (and, where applicable, book) travel dates, airline, flight itinerary and hotel accommodations in its sole and exclusive discretion. The Grand Prize winner and guest must travel the same itinerary on the dates and/or times specified by Sponsor, or the Grand Prize will be forfeited in its entirety. No refund or compensation will be made in the event of the cancellation or delay of any flight. Travel and accommodations are subject to availability. Travel is subject to the terms and conditions set forth in these Sweepstakes Rules, as well as those established by the applicable airline carrier of choice as detailed in the passenger ticket contract. If the Grand Prize winner is unable to utilize the Grand Prize travel and/or accommodations during the applicable time period, the Grand Prize winner shall forfeit the Grand Prize in its entirety and an alternate winner may be selected, time permitting. The Grand Prize winner and guest are solely responsible for obtaining any identification documents necessary for domestic travel. The guest selected by the Grand Prize winner must be at least twenty-one (21) years of age or older. If the Grand Prize winner’s guest fails to obtain such documents by the date and/or time of travel, then the Grand Prize winner may forfeit the right to bring that guest. The Grand Prize winner and guest are responsible for obtaining travel insurance (and all other forms of insurance) at their option and the Grand Prize winner hereby acknowledges that Sponsor will not obtain nor provide travel insurance or any other form of insurance.
Additional activities and features may be made available to the Grand Prize winner and guest for free. Incidentals, tips, telephone calls and any other personal expenses incurred during the trip are the responsibility of the Grand Prize winner and guest, as applicable. Other than as expressly set forth above, or otherwise as included in the tickets to the Event, the Grand Prize does not include transportation, spending money, or food or drink. No part of the Grand Prize, including the two (2) tickets to the Event, is transferable or may be converted to a cash payment, resold, included in a separate promotion, or otherwise distributed to any member of the general public.
Sponsor may conduct a background check to confirm the potential Grand Prize winner and guest’s eligibility and compliance with these rules. By entering this Sweepstakes, you agree to cooperate reasonably with any such background check. Failure to cooperate may result in disqualification and selection of an alternate Grand Prize winner. If a background check reveals conduct that could damage the reputation or business of Sponsor, as determined by Sponsor in its discretion, the potential Grand Prize winner may be disqualified and the Grand Prize may be awarded to an alternate Grand Prize winner, time permitting. In addition, anyone engaging in any disruptive or otherwise inappropriate behavior at the Event is subject to removal from the Event.
(d) Force Majeure. The Covered Parties are not responsible or liable to any entrant or potential Prize winner (or any person claiming through such entrant or potential Prize winner) for failure to supply the applicable Prize or any part thereof, by reason of any acts of God, any action, regulation, order or request by any governmental or quasi-governmental entity (whether or not the action, regulations, order or request proves to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, volcanic eruption, war (declared or undeclared), fire, flood, COVID-19 or any virus, disease and/or pandemic, as well as any private sector or governmental response thereto, 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 the sole control of Sponsor (collectively, “Force Majeure Events”).
ODDS OF WINNING A PRIZE:
The odds of winning a Prize depend on the number of entrants participating in the Promotion during the Promotion Period. The odds of winning the Grand Prize can be calculated by dividing the number of Grand Prizes (one (1)) by the total number of Entries received. The odds of winning a Standard Prize can be calculated by dividing the number of Standard Prizes (one hundred (100)) by the total number of Entries received.
To request written confirmation of the Prize winners, send a self-addressed stamped envelope to: Medium Rare Live, LLC, The Netspend Big Game Giveaway Sweepstakes, 447 Broadway, 2nd Floor #278, New York, NY 10013.
Federal, state and local taxes, and all similar fees and assessments, are the responsibility of the Prize winners. Sponsor reserves the right to withhold taxes from each winning Prize, as appropriate. Sponsor will issue a form 1099-MISC for the Grand Prize winner for the ARV of the Grand Prize.
NO SUBSTITUTION OF WINNER:
The Prizes are non-transferable, and no substitution or transfer of a Prize will be accommodated or permitted other than as expressly set forth herein or in the sole discretion of Sponsor. Sponsor reserves the right to substitute any Prize, or any portion thereof, for a substitute of equal or greater value if the advertised Prize becomes unavailable.
Promotion entry constitutes permission for Sponsor and Netspend® to use entrants’ names and likenesses, biography and voice for advertising and promotional purposes without further compensation, excluding residents of the State of Tennessee and where otherwise prohibited by law.
By entering the Promotion, each entrant agrees to release and hold harmless Sponsor, Personality, Authentic Brands Group, LLC, ABG-Shaq, LLC, Mine O’ Mine Holdings Inc., Salt River Community Gaming Enterprise (an enterprise of the Salt River Pima-Maricopa Indian Community), the Salt River Pima-Maricopa Indian Community, the Law Office of Jeffrey B. Gandel, FVA Productions LLC, Netspend® and all other sponsors of the Event and their respective representatives, affiliates, subsidiaries, parents, agents, and their respective members, officers, directors, employees and agents (collectively, “Covered Parties”) from and against any and all liability for any injuries, loss or damage of any kind arising from, or in connection with, the Promotion (including each Prize, and all travel associated with the Grand Prize, as applicable) including, but not limited to, liability arising from copyright infringement, improper use of likeness, personal injury, death, damages or monetary loss. Restrictions, conditions and limitations apply. By entering, each entrant further agrees that, in the event that there is any conflict or other inconsistency between the Sweepstakes Rules and any advertisements, promotional or marketing materials, e-mails or announcements relevant to the Promotion, these Sweepstakes Rules will govern.
CHOICE OF LAW/DISPUTE RESOLUTION/CLASS ACTION:
These Sweepstakes Rules shall be treated as though they were executed and performed in New York, New York and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles). The parties (and Covered Parties) hereby agree to arbitrate all claims that may arise under and/or relate to the Promotion and/or these Sweepstakes Rules. Without limiting the foregoing, should a dispute arise between the parties/any Covered Parties including, without limitation, any matter concerning the Promotion, the Prizes, the terms and conditions of these Sweepstakes Rules or the breach of same by any party hereto: (a) the parties/Covered Parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association (“AAA”) in New York, NY, in accordance with the then current Commercial Arbitration rules of the AAA; and (b) you agree to first commence a formal dispute proceeding by completing and submitting an Initial Dispute Notice which can be found here. The Covered Party(ies) named in your Initial Dispute Notice (collectively, the “Named Parties”) may choose to provide you with a final written settlement offer after receiving your Initial Dispute Notice (“Final Settlement Offer”). If the applicable Named Party(ies) provide(s) you with a Final Settlement Offer and you do not accept it, or such Named Party(ies) cannot otherwise satisfactorily resolve your dispute and you wish to proceed, you must submit your dispute for resolution by arbitration before the AAA, in your county of residence, by filing a separate Demand for Arbitration, which is available here. For claims of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions. If the arbitrator awards you relief that is greater than the applicable Final Settlement Offer, then the Named Party(ies) will pay all filing, administration and arbitrator fees associated with the arbitration and, if you retained an attorney to represent you in connection with the arbitration, the Named Party(ies) will reimburse any reasonable attorneys’ fees that your attorney accrued for investigating, preparing and pursuing the claim in arbitration. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Although the Named Party(ies) may have a right to an award of attorneys’ fees and expenses if Named Party(ies) prevail(s) in arbitration, the Named Party(ies) will not seek such an award from you unless the arbitrator determines that your claim was frivolous.
To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against any of the Covered Parties. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney’s fees and court costs that any Covered Party incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (i) does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (ii) is an independent agreement. You may opt-out of these dispute resolution provisions by providing written notice of your decision within thirty (30) days of the date that you first enter the Promotion.
The Covered Parties are not responsible for lost, interrupted or unavailable network server or other connections, miscommunications, failed telephone or computer transmissions or technical failure, lost Entries, jumbled, scrambled or misdirected transmissions, or other error of any kind, whether human, mechanical or electronic. Persons found tampering with or abusing any aspect of the Promotion, as solely determined by Sponsor, will be disqualified. If disqualified for any of the above reasons, Sponsor reserves the right to terminate entrant’s eligibility to participate in the Promotion. In the event that any portion of the Promotion is compromised by technical error, virus, bugs, non-authorized human intervention or other causes beyond the control of Sponsor which, in the sole opinion of Sponsor, corrupts or impairs the administration, security, fairness or proper determination of the Promotion, Sponsor reserves the right, in its sole discretion, to suspend or terminate the Promotion or any part of the Promotion, or any combination of the above. The Covered Parties are not responsible for any problem with Entries generated by computer hardware or software malfunction, error or failure, whatever the cause.
You agree to release, indemnify and hold the Covered Parties harmless from and against any and all claims, expenses (including reasonable attorneys’ fees, costs and settlement costs), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your improper and/or unauthorized participation in the Promotion; (b) your breach of these Sweepstakes Rules; and/or (c) your violation of any rights of another individual and/or entity. The provisions of this paragraph are for the benefit of the Covered Parties. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
Any attempt by any individual, whether or not an entrant, to damage, destroy, tamper with or vandalize the Site and/or associated technology, or otherwise interfere with the operation of the Promotion, is a violation of criminal and civil law and Sponsor will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.
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