SWEEPSTAKES TERMS AND CONDITIONS
Exhibit 1. Declaration of Compliance
NO PURCHASE NECESSARY TO ENTER OR WIN
- Eligibility. This Sweepstakes (the “Sweepstakes”) is open to all natural persons who are legal residents of the fifty (50) United States and District of Columbia (the “Territories”) who are at least eighteen (18) years old at the time of entry (the “Entrants”). Entrants shall not include persons residing in other territories. The Sweepstakes is subject to federal, state, and local laws and regulations. By participating in the Sweepstakes all Entrants agree to these Terms and Conditions (the “Terms and Conditions”)
- Host. This Sweepstakes is hosted by Envy Gaming, LLC (the “Host”). The Host will conduct the Sweepstakes substantially as described in these Terms and Conditions.
- Entry Period. The Sweepstakes will begin on November 16, 2018 and end on December 7, 2018 (the “Entry Period”).
- Entry Generally. During the Entry Period, Entrants will be permitted to enter the Sweepstakes through YouTube (“YouTube”) by completing requirements stated on YouTube.com/TeamEnvy videos.
- Limitations on Entries. Entrants shall be limited to one (1) entry per person. For the avoidance of doubt, an Entrant may not enter the Sweepstakes twice through two or more different means of entry. Entries received from any person, e-mail address, or household in excess of the stated limitation will be void, and the Host may choose disqualify applicable person in breach of these Terms and Conditions.
- Prize Drawing. On or about December 7, 2018, the Host will select ___1___ entries from Entrants in a random drawing from among all eligible entries received (the “Potential Winners”). The odds of being selected depend on the number of entries received. The Host will attempt to notify the Potential Winner (the “Notice”) via social media, telephone, or email on or about December 10, 2018. If the Potential Winner cannot be contacted within five (5) days after the date of the first attempt to contact him/her, the Host may select an alternate Potential Winner in his/her place at random from the remaining non-winning Entrants.
- Winner Notification. Each Potential Winner will be required to complete, electronically sign and submit a Declaration of Compliance within five (5) days of the date Notice or attempted Notice is sent, in order to claim his/her prize. If a Potential Winner cannot be contacted, or fails to submit the Declaration of Compliance within the required time period (if applicable), or prize is returned as undeliverable, potential winner forfeits prize. If the potential winner is at least 18 but still considered a minor in his/her jurisdiction of residence, Host reserves the right to award the prize in the name of his/her parent or legal guardian, who will be required to sign the Declaration of Compliance on the potential winners behalf and fulfill any other requirements imposed on winner set forth herein. Potential winners must continue to comply with all Terms and Conditions of the official rules, as may be set forth by the Company in its sole discretion, and winning is contingent upon fulfilling all other applicable requirements, as determined by the Company. In the event that a potential winner is disqualified for any reason, Host will award the applicable prize to an alternate winner by random drawing from among all remaining eligible entries. Only three (3) alternate drawings will be held, after which the prize will remain un-awarded. Prizes will be fulfilled approximately 8-10 weeks after the conclusion of the Sweepstakes.
- Prize. Winners of the Sweepstakes grand prize will be awarded a Envy jacket with an approximate value of Eighty Dollars ($80) (the “Prize”). All applicable taxes on the Prize are the sole responsibility of the Entrant and in no event will the Host be liable for said taxes.
- General Conditions. In the event that the operation, security, or administration of the Sweepstakes is impaired in any way for any reason, including, but not limited to fraud, virus, bug, worm, unauthorized human intervention or other technical problem, or in the event the Sweepstakes is unable to run as planned for any other reason, as determined by Host in its sole discretion, the Host may, in its sole discretion, either (a) suspend the Sweepstakes to address the impairment and then resume the Sweepstakes in a manner that best conforms to the spirit of these Terms and Conditions or (b) terminate the Sweepstakes and, in the event of termination, award the prize at random from among the eligible, non-suspect entries received up to the time of the impairment. The Host reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of these Terms and Conditions or in an unsportsmanlike or disruptive manner. Any attempt by any person to damage the website or undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, the Host reserves the right to seek damages (including attorney’s fees) and any other remedies from any such person to the fullest extent permitted by law. Failure by the Host to enforce any provision of these Terms and Conditions shall not constitute a waiver of that provision.
- Release and Limitation of Liability. By participating in the Sweepstakes, entrants agree to release and hold harmless the Host, and each of their respective parents, subsidiaries, affiliates, advertising and promotion agencies, other companies associated with the Sweepstakes, and each of their respective officers, directors, employees, shareholders, representatives, and agents (the “Released Parties)” from and against any claim or cause of action arising out of participation in the Sweepstakes or receipt or use of the prize (including any travel or activity related thereto), including, but not limited to: (a) any technical errors associated with the Sweepstakes, including lost, interrupted or unavailable Internet Service Provider (ISP), network, server, wireless service provider, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone, cellular tower or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties; (b) unauthorized human intervention in the Sweepstakes; (c) mechanical, network, electronic, computer, human, printing or typographical errors; (d)any other errors or problems in connection with the Sweepstakes, including, without limitation, errors that may occur in the administration of the Sweepstakes, the announcement of the winner, the cancellation or postponement of the event and/or the flyover, if applicable, or in any Sweepstakes-related materials; or (e) injury, death, losses or damages of any kind, to persons or property which may be caused, directly or indirectly, in whole or in part, from entrants participation in the Sweepstakes or acceptance, receipt or misuse of the prize (including any travel or activity related thereto). Entrant further agrees that in any cause of action, the Released Parties liability will be limited to the cost of entering and participating in the Sweepstakes, and in no event shall the entrant be entitled to receive attorney’s fees. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Sweepstakes. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
- Dispute. Each entrant agrees that any and all disputes, claims and causes of action arising out of, or connected with, the Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in Dallas Texas. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions, entrants rights and obligations, or the rights and obligations of the Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of Texas, without giving effect to any choice of law or conflict of law rules.
Declaration of Compliance
By participating in this the Sweepstakes, I am submitting this Declaration of Compliance to Envy Gaming, LLC (“Envy”), with the understanding that it will be relied upon by Envy in connection with my having been selected the winner of the Sweepstakes. All capitalized terms shall have the same definition as those set forth in the Sweepstakes Terms and Conditions;
I represent that I am eligible to win the Prize;
I represent that I satisfy all eligibility requirements set forth in the Terms and Conditions, which I acknowledge I have read and understood, and any other requirements imposed by law;
I hereby represent and affirm that I have read, have complied with and will continue to comply with all the rules, regulations, and Terms and Conditions set forth in the Official Rules;
I have not perpetrated and will not perpetrate any fraud or deception in connection with the contest and have not sought to influence the outcome other than by participating as expressly permitted in the Terms and Conditions;
I will be responsible for all applicable taxes on the Prize and hereby agree to indemnify and hold harmless Envy for any claim by any governmental agency relating back to the collection of said taxes;
I hereby grant Envy an irrevocable fully paid up, worldwide, royalty free, sublicensable and transferable license to display, create derivatives of, and otherwise use my likeness, voice, image, photographs, social media account names, and name in connection with the promotion, marketing, and making historical reference to this Sweepstakes.