Legal
Sweepstakes Official Rules
INFLUENCE MOBILE SWEEPSTAKES OFFICIAL RULES
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES.
ALL INFLUENCE MOBILE SWEEPSTAKES ARE OPEN ONLY TO LEGAL RESIDENTS OF THE UNITED STATES AND CANADA (EXCLUDING QUEBEC PROVINCE) WHO ARE AT LEAST 18 YEARS OF AGE OR AGE OF MAJORITY (WHICHEVER IS OLDER) IN THEIR JURISDICTION OF RESIDENCE. IF YOU LIVE ELSEWHERE, OR ARE UNDER 18 OR A MINOR IN YOUR JURISDICTION, DO NOT ATTEMPT TO ENTER ANY INFLUENCE MOBILE SWEEPSTAKES AS THEY ARE NOT INTENDED FOR YOU. IT IS THE RESPONSIBILITY OF EACH PARTICIPANT TO ENSURE THAT THEIR PARTICIPATION COMPLIES WITH THE LAWS OF THEIR JURISDICTION.
ALL INFLUENCE MOBILE SWEEPSTAKES ARE VOID IN QUEBEC PROVINCE AND WHERE PROHIBITED OR RESTRICTED BY LAW.
SPONSOR: Influence Mobile, Inc., 1916 Pike Place, Suite 12 #1363, Seattle, WA 98101.
Overview
Participants are eligible to participate in a sweepstakes through one of the free Influence Mobile applications (collectively, the “app”). Participants must create an account with Influence Mobile, thereby becoming a registered user of the Influence Mobile service. Influence Mobile will offer such sweepstakes for the time periods designated in the app.
Each sweepstakes will also be subject to its own specific terms of participation in addition to these Official Rules. Such terms of participation for a given sweepstakes include information such as the start time/date and entry deadline; the specific activity/activities required for entry; when the winner(s) will be selected; the prize(s) available to be won; and the restrictions on acceptance and use of such prize(s).
Any such additional terms of participation for a specific sweepstakes are made a part of these Official Rules and incorporated herein by reference. In the event of any inconsistency between these Official Rules and the terms of participation for a specific sweepstakes, the terms of participation for a specific sweepstakes shall prevail, govern and control only with respect to the particular details of that specific sweepstakes; in all other cases, these Official Rules shall prevail, govern and control.
Before participating in any Influence Mobile sweepstakes, entrants are strongly advised to review the Terms of Use of Influence Mobile (governing an individual’s rights and responsibilities relative to use of the Influence Mobile service generally) as well as the Privacy Policy of Influence Mobile (governing our collection and use of your personal information). In the event of any inconsistency between these Official Rules (including terms of participation for a specific sweepstakes), on the one hand, and the Terms of Use or Privacy Policy of Influence Mobile, on the other hand, the Terms of Use or Privacy Policy of Influence Mobile (as applicable) shall prevail, govern and control with respect to such inconsistency.
Eligibility
Persons in the following categories are not eligible to participate or win a prize in any Influence Mobile sweepstakes: employees, officers and directors and their immediate family members (parents, children, siblings, spouse) wherever they may live and others living in their same household (whether related or not) of Influence Mobile, Inc., its parent company, subsidiaries, affiliates, suppliers, and their advertising, marketing, promotion or production agencies (all of the foregoing parties, including Influence Mobile, Inc. and its affiliated entities, may be referred to herein as the “Promotion Parties”).
By participating, entrants accept and agree to abide by and be bound by these Official Rules and the decisions of Influence Mobile, which are final and binding in all respects and are not subject to appeal.
All Influence Mobile sweepstakes (as well as the Influence Mobile service itself) are in no way sponsored, endorsed or administered by, or associated with, Facebook, Instagram, Twitter, any other social media platform operator, Apple Inc. or Google Inc.
Entry
Method(s) of entry for a specific sweepstakes will be set forth in the terms of participation of that sweepstakes, including without limitation by completing a questionnaire as further described in the app.
Influence Mobile’s Rewards Program is addressed in the Terms of Use of Influence Mobile. Redemption of Rewards points for entry/entries in a specific sweepstakes is subject to entrant’s compliance with the terms and conditions of Influence Mobile’s Rewards Program.
As set forth in the terms of participation of a specific sweepstakes, registered users may be limited to a certain number of entries in a specific sweepstakes. To the extent applicable, violation of any such limit may result in the voiding of those entries in excess of the limit. Influence Mobile reserves the right in its sole discretion to disqualify registered user from ALL Influence Mobile sweepstakes (including the specific sweepstakes at issue) and/or terminate such registered user’s Influence Mobile account preventing further use of the Influence Mobile service and/or to otherwise take necessary and appropriate measures to protect their respective legal rights, if Influence Mobile determines in its sole discretion that a registered user has engaged in repeated, blatant or egregious violations of the entry limit or has used automated, robotic, programmed or like means (including use of third party software programs) to take prescribed action(s) and thereby enter any Influence Mobile sweepstakes.
Proof of performance of a given prescribed activity does not constitute proof of receipt of same or proof of entry in a given Influence Mobile sweepstakes. Should Influence Mobile acknowledge receipt of an entry, such actions by Influence Mobile will not constitute any representation that the entry is eligible for the applicable sweepstakes or that the registered user has been selected as a prize winner in such sweepstakes.
Only a registered user of an Influence Mobile account may use that account to enter any Influence Mobile sweepstakes. Third party use of an Influence Mobile account will not result in entry in any sweepstakes and will be deemed void as well as constituting a violation of the Terms of Use of Influence Mobile.
The content of a registered user’s questionnaire answers will not affect such registered user’s ability to enter the applicable sweepstakes or his/her odds of winning a prize in such sweepstakes.
Influence Mobile shall use its sole discretion in applying the foregoing criteria in assessing the validity of content and any content which is in violation of the foregoing criteria will not result in entry in the applicable sweepstakes. Should Influence Mobile re-post or comment on any such content, such actions by Influence Mobile will not constitute any representation that the content resulted in an entry in the applicable sweepstakes or that the registered user has been selected as a prize winner in such sweepstakes. In addition, as winner(s) of specific sweepstakes will be selected via random drawing, the nature/quality of such content will not be taken into account in the winner selection procedure (provided that the content is in compliance with the aforementioned criteria).
Subject to the Terms of Use of Influence Mobile, registered users retain all rights to such content but grant Influence Mobile and its designees the non-exclusive, irrevocable, perpetual, worldwide, royalty-free, transferable, sublicenseable right and license to use, perform, exhibit, reproduce and/or otherwise exploit the content in conjunction with the Influence Mobile service, all without compensation or notice of any kind. Registered users further agree to waive any moral rights in their content.
Alternative means of entry
To enter any Influence Mobile sweepstakes, regardless of what other means of entry may be available to you, print your name, full mailing address, telephone number, your Influence Mobile account ID, and email address on a 3 x 5 inch (or 7.5 x 12.5 cm) piece of paper and mail it to the address listed at the top of these Official Rules. Upon receipt of your paper entry, you will be entered into the sweepstakes ongoing at the time your paper entry is received. Each mail-in entry must be in a separate postmarked envelope. Influence Mobile is not responsible for lost, late, illegible, misdirected, mutilated, incomplete, or postage-due mail-in entries.
NOTE: THERE IS A LIMIT OF ONE SWEEPSTAKES ENTRY PER PERSON, REGARDLESS OF ENTRY METHOD.
Winner selection
For each specific sweepstakes, winner(s) will be selected via random drawing from among all eligible entries received for such sweepstakes. Odds of winning a drawing depend on the total number of eligible entries received for the applicable sweepstakes. Potential winner(s) for a given sweepstakes will be notified via the app and may be required to provide a valid street address (in the United States or Canada, excluding Quebec Province) for prize shipment. To be a prize winner, you must have a valid Influence Mobile account at the time of prize award. Influence Mobile reserves the right to condition of eligibility and receipt of prize on potential winner signing and returning an Affidavit of Eligibility, a Liability Release and a Publicity Release (where lawful), within a reasonable time period designated by Influence Mobile. Should potential winner fail to return the completed Affidavit/Release (if applicable), if potential winner fails to provide valid street address for prize fulfillment/award upon Influence Mobile’s request (if applicable), if potential winner cannot be contacted by Influence Mobile, if prize is returned as undeliverable, or if potential winner is determined to be ineligible or not in compliance with these Official Rules (including the terms of participation of a specific sweepstakes), such potential winner will be disqualified and the applicable prize forfeited without compensation of any kind. In such a case, Influence Mobile may select an alternate winner from among all remaining eligible entries received for the applicable sweepstakes.
If a Canadian resident is selected in a random drawing for a specific sweepstakes, in order to be deemed a potential prize winner, he/she must first correctly answer a time-based mathematical skill-testing question without assistance of any kind.
Prizes
Each specific sweepstakes will have its own prizes. Prizes may include, by way of example only (and such example is NOT binding upon Influence Mobile in any manner): points or actual physical rewards. The terms of participation of a specific sweepstakes will identify the prize(s) available to be won, the quantity of prize(s) available (and, should there be different prize levels, the quantity of prize(s) of each prize level available), the approximate retail value of the prize(s), restrictions on acceptance and use of the prize(s). All prize values are expressed in US Dollars.
For all Influence Mobile sweepstakes, registered users can only win one (1) prize per day, two (2) prizes during any four (4) day period, and three (3) prizes over any eight (8) day period.
For all Influence Mobile sweepstakes, winners are not allowed to substitute their prize. Influence Mobile, however, may substitute a prize/prize element due to unavailability of prize/prize element for any reason and only then for a prize/prize element of equal or greater value. Prizes are not transferable except with the prior express written consent of Influence Mobile, which may be granted or withheld in its sole discretion and without liability of any kind. All expenses related to acceptance or use of prize which are not specified in these Official Rules (including the terms of participation of a specific sweepstakes) are the winner’s sole responsibility. Winner is also solely responsible for any and all taxes on the value of prizes won, which will be reported to governmental tax authorities as required by law. For U.S. residents, should a registered user receive prizes (and/or rewards in the Influence Mobile Rewards Program) which equal or exceed $600 [USD] in value in a given calendar year, such registered user will be issued an IRS 1099 Tax Form for the total value of prizes won and rewards received from Influence Mobile. Canadian residents may be responsible for U.S. Foreign Withholding Tax on prizes won/rewards received. In all cases, registered users agree to fully cooperate with Influence Mobile and its designees relative to its fulfillment of its tax reporting obligations under applicable law.
Releases
By participating, entrant indemnifies, releases and agrees to hold harmless Influence Mobile, Inc., its parent company, subsidiaries, affiliates, suppliers, and their advertising, promotion or production agencies and the directors, officers, agents, representatives, shareholders, employees, successors and assigns of any of the above organizations, as well as Facebook, Instagram, Twitter, other social media platform operators, Apple Inc. and Google Inc. (“Released Entities”) from any and all liability arising from participating in any Influence Mobile sweepstakes, any Influence Mobile sweepstakes-related activity and/or acceptance, receipt, possession or use/misuse of prize(s).
By accepting prize(s), except where prohibited by law, winner agrees to the use of his/her name, likeness, photograph, other indicia of persona and/or statements made by him/her regarding the prize(s), the Influence Mobile sweepstakes or Influence Mobile, Inc. for advertising/publicity/trade purposes by Influence Mobile and its designees without further compensation or notice (and he/she agrees to confirm such grant of rights in writing upon Influence Mobile’s request and without further compensation).
Conditions of participation
Influence Mobile reserves the right to disqualify any individual they find, in its sole discretion, to be tampering (or attempting to tamper) with the entry process, the operation of any Influence Mobile sweepstakes or the operation of the Influence Mobile app/service; to be acting in violation of these Official Rules or the terms of participation of a specific sweepstakes, to be acting in a disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. In such case, Influence Mobile reserves the right in its sole discretion to disqualify registered user from ALL Influence Mobile sweepstakes (including the specific sweepstakes at issue) and/or terminate such registered user’s Influence Mobile account preventing further use of the Influence Mobile service and/or to otherwise take necessary and appropriate measures to protect their respective legal rights.
Influence Mobile’s own internal software is the official clock for purposes of all Influence Mobile sweepstakes. Influence Mobile’s failure to enforce any provision of these Official Rules (including the terms of participation of a given specific sweepstakes) in a given circumstance shall not constitute the waiver of such provision.
Promotion Parties assume no responsibility for (a) any incomplete, incorrect or inaccurate information, whether caused by users of the Influence Mobile app/service, tampering, hacking or by any of the equipment or programming associated with or utilized in any Influence Mobile sweepstakes or by any technical or human error; (b) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of the Influence Mobile app/service or any feature/aspect thereof; (c) any problems or technical malfunctions of any telephone network or lines, computer on-line systems, servers or providers, computer equipment, software, programming or failure of e-mail on account of technical problems or traffic congestion on the Internet or at any website or any combination thereof or for injury or damage to registered user’s mobile device (or any information/materials stored therein) related to or resulting from downloading materials from the app, utilizing the Influence Mobile service or participating in any Influence Mobile sweepstakes. Promotion Parties also assume no responsibility for late, lost, illegible/garbled, incomplete, damaged, inaccessible, corrupted or jumbled e-mail transmissions or entries, or for the failure to properly record entries even if a registered user has engaged in the prescribed activity/activities, regardless of cause; and, all such entries are void.
If, for any reason, any specific sweepstakes (or any part thereof) is not capable of running as planned by reason of infection by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical failures, fire, flood, storm or other natural cataclysm, riot, strike, civil commotion, governmental regulation or any other causes beyond the control of Influence Mobile which, in its sole opinion, corrupt or affect the administration, security, fairness, integrity or proper conduct of such sweepstakes (or any part thereof), Influence Mobile reserves the right at its sole discretion to cancel, terminate, modify or suspend the affected sweepstakes and conduct the affected sweepstakes and select the prize winner(s) for such affected sweepstakes from among all eligible entries received for such affected sweepstakes as per the terms of participation of such affected sweepstakes prior to the action taken by Influence Mobile or otherwise in a manner which is fair, equitable and in accordance with these Official Rules, as determined by Influence Mobile in its sole discretion. Notice of such action by Influence Mobile will be messaged in the Influence Mobile app.
Winners’ list
For the names of winners of prizes valued at $25 or more, send a self-addressed, stamped envelope to the address listed at the top of these Official Rules. Be sure to indicate the specific sweepstakes (by date and time) for which you are requesting a winners’ list. All requests must be received within two (2) weeks after the end of a specific sweepstakes. For the avoidance of doubt, if a specific sweepstakes does not have any winners of prizes valued at over $25, no winners list will be provided.
Limitations of liability
(a) No responsibility or liability is assumed by Promotion Parties for technical problems or technical malfunction arising in connection with any of the following occurrences: (i) hardware or software errors; (ii) faulty computer, telephone, cable, satellite, network, electronic, wireless, or Internet connectivity or other online or other communication problems; (iii) errors or limitations of any Internet service providers, servers, hosts or providers; (iv) garbled, jumbled, or faulty data transmissions; (v) failure of any email transmissions to be sent or received; (vi) lost, late, delayed, or intercepted email transmissions; (vii) lost, late, illegible, misdirected, mutilated, incomplete, or postage-due mail; (viii) inaccessibility of an Influence Mobile website in whole or in part for any reason; (ix) traffic congestion on the Internet or an Influence Mobile website; (x) unauthorized human or non-human intervention of the operation of the Sweepstakes, including without limitation unauthorized tampering, hacking, theft, virus, bugs, or worms; or (xi) destruction of any aspect of the Sweepstakes, or loss, miscount, misdirection, inaccessibility, or unavailability of any Influence Mobile website used in connection with the Sweepstakes.
(b) Promotion Parties are not responsible for any typographical or printing errors in any display or announcement of prizes, materials associated with any sweepstakes, or these Official Rules, or any inaccurate or incorrect data contained on an Influence Mobile website, including without limitation the number of entries submitted in a sweepstakes or any personal injury or property damage or losses of any kind which may be sustained to computer equipment or mobile phone equipment resulting from any use of an Influence Mobile website.
(c) Influence Mobile reserves the right, in its sole discretion, to cancel or suspend any sweepstakes should fraud, virus, bugs, or other causes beyond the control of Influence Mobile corrupt the administration, security, or proper administration of the sweepstakes. In the event of cancellation, Influence Mobile will randomly award the prizes from among all eligible, non-suspect entries received prior to cancellation.
(d) WITHOUT LIMITING THE FOREGOING, EVERYTHING PROVIDED ON THE APP OR OTHERWISE IN CONNECTION WITH A SWEEPSTAKES IS PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Arbitration and class action waiver
This Sweepstakes shall be governed by and interpreted under the laws of the State of Washington, U.S.A., without regard to its conflicts of laws provisions. You hereby agree that any and all disputes, claims, causes of action, or controversies (“Claims”) arising out of or in connection with an Influence Mobile sweepstakes shall be resolved by arbitration under the rules of the International Chamber of Commerce by one or more arbitrators appointed in accordance with said rules. Such arbitration shall take place in the city of Seattle, Washington, U.S.A. NEITHER PARTY WILL HAVE THE RIGHT TO LITIGATE A CLAIM IN COURT OR HAVE A JURY TRIAL. FURTHER, YOU WILL NOT HAVE THE RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR OTHER PERSONS SIMILARLY SITUATED, OR AS A MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION. EXCEPT AS SET FORTH BELOW, THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING. NOTE THAT OTHER RIGHTS YOU WOULD HAVE IF YOU WENT TO COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION. ANY CLAIMS, JUDGMENTS, AND/OR AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS ASSOCIATED WITH ENTERING THIS SWEEPSTAKES. YOU HEREBY WAIVE ANY RIGHTS OR CLAIMS TO ATTORNEY’S FEES, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ENTRANT, WHETHER FORESEEABLE OR NOT AND WHETHER BASED ON NEGLIGENCE OR OTHERWISE. The arbitrator’s authority to resolve Claims is limited to Claims between Influence Mobile and entrant alone, and the arbitrator’s authority to make awards is limited to awards to Influence Mobile and entrant alone. Furthermore, claims brought by either party against the other may not be joined or consolidated in arbitration with Claims brought by or against any third party, unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore such exclusions may not apply to you. Notwithstanding any other provision in these Official Rules and without waiving either party’s right to appeal such decision, should any portion of this provision be deemed invalid or unenforceable, then the entire provision (other than this sentence) shall not apply.
Miscellaneous
No waiver by either party hereto at any time of any breach by the other party hereto or compliance with any condition or provision of these Official Rules shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time. Any provision, section, sentence, paragraph, or other part of these Official Rules which is prohibited or which is held to be void or unenforceable shall be ineffective only to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof. These Official Rules may not be assigned by an entrant to any third party without the prior written consent of Influence Mobile.