III. Sweepstakes Rules
a. NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN, NOR WILL A PURCHASE OR PAYMENT IMPROVE ONE’S CHANCES OF WINNING. YOU MUST BE 18 OR OLDER IN ORDER TO ENTER. MANY WILL ENTER, SOME WILL WIN VOID WHERE PROHIBITED.
b. From time to time, Winzos! may offer giveaways or run sweepstakes on the Winzos! Platform (“Giveaway”). This includes a daily or hourly prize offered to Registered Users who engaged in the Services offered on the Winzos! Platform by automatically entering active Registered Users who have engaged the Winzos! Services on a given day into the Giveaway. As a Registered User of the Winzos! Platform, you agree to participate in said Giveaways, and acknowledge that participation in such Giveaways shall be subject to the following additional rules and conditions (“Official Rules”):
d. How to Enter. Registered Users who answer questions correctly on the Winzos! Services (“Entrant”) shall be automatically entered into the hourly, daily, weekly, monthly or grand prize Giveaway (“Entry”), with each additional correct answer providing an additional Entry. No responsibility is assumed for: any error (human or otherwise), omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of Entries; or any problems or technical malfunctions of any telephone network or lines, computer online systems, servers, providers, computer equipment, or software; or failure of any e-mail or electronic Entry to be received on account of technical problems or traffic congestion on the internet or at any website, or any combination thereof.
e. Prize. All elements of the prizes are determined at the sole discretion of Winzos!. Winzos! reserves the right, at its sole discretion, to substitute the prize (or elements thereof) with one of comparable or greater value. Prize elements may not be separated. The prize is awarded "as is" with no warranty or guarantee, expressed or implied, being provided by Winzos!. Any damaged, lost or stolen gift cards, will not be replaced. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Giveaway promotional materials and the terms and conditions of these Official Rules, these Official Rules shall prevail and govern.
f. How Winners Are Selected and Notified. Each hour or day or week, depending on the duration of the Giveaway, one Registered User will be selected at random from all eligible Entries received (“Winner”). Winzos! may require a minimum number of Entrants for a given Giveaway in order to select a winner. If no minimum number of Entrants is stated, the default minimum is set to five (5) Entrants. Winzos! may also implement a daily "cap" or "ceiling" to number of Entries for a Giveaway. If no cap is explicitly indicated, the default cap for a given Giveaway is five-hundred (500). All legal responsibilities of a minor (as defined by state of primary residence) Winner under the Official Rules must be assumed by a parent; and the prize will be awarded to the parent for the benefit of such minor Winner. All Winners must meet all eligibility requirements and must complete and return an affidavit of eligibility/compliance with the Official Rules, publicity/liability release and indemnification (“Release”), as required. The Winner will be notified by a notification on the Winzos! Platform, and an email or SMS sent to the Winner, based on the information provided to Winzos! by the Winner. Winners will receive the Release via email within one (1) day after successful notification. At the sole discretion of the Winzos!, disqualification, forfeiture and the selection of an alternate Winner may result from any of the following: (i) a potential Winner’s failure to respond to the email notification within twenty four (24) hours after its transmission (it is a Winner’s responsibility to maintain the contact information used for Entry for the duration of the Giveaway; (ii) a potential Winner’s failure to provide Winzos! with satisfactory proof of age, identity and residency; (iii) a potential Winner’s failure to execute and return the Release within two (2) days after it is received; (iv) a potential Winner’s failure to validly claim the prize by the date specified in the email notification, and (v) any other non-compliance with these Rules. In the event of prize forfeiture, Winzos! may, in its sole discretion, award or not award the forfeited prize to an alternate Winner. The odds of winning depend on the total number of eligible Entries received. Many will enter; only one (1) will win per hour or day. Federal, state, and local taxes are the sole responsibility of the Winner (or their Parent if a Winner is a minor as defined by the state of primary residence), who must provide a validly completed IRS Form W-9 and the total value of the prize will be reported on an IRS Form 1099.
g. ALL POTENTIAL WINNING PLAYS ARE SUBJECT TO VERIFICATION BY WINZOS, WHOSE DECISIONS ARE FINAL AND BINDING. AN ENTRANT IS NOT A WINNER OF ANY PRIZE, EVEN IF THE GIVEAWAY SHOULD SO INDICATE, UNLESS AND UNTIL ENTRANT’S ELIGIBILITY AND THERE LEASE AND ADDITIONAL CONSENT HAVE BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE.
h. Release. By receipt of any prize, Winner agrees to release and hold harmless Winzos! and any promotional partners, each of their parent, subsidiary, affiliate, and related companies, and each of its and their respective officers, directors, employees, and agents (collectively the “Released Parties”) from and against any losses, damages, rights, claim, or cause of action of any kind arising, in whole or in part, directly or indirectly, out of participation in the Giveaway or resulting directly or indirectly, from acceptance, possession, use, or misuse of any prize awarded in connection with the Giveaway, including without limitation personal injury, death, and/or property damage, as well as claims based on publicity rights, defamation, and/or invasion of privacy.
i. Limitations of Liability. The Released Parties are not responsible for: (1) any in corrector inaccurate information, whether caused by Entrants, printing errors or by any of the equipment or programming associated with or utilized in the Giveaways; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines, or network hardware, or software; (3) unauthorized human intervention in any part of the entry process or the Giveaway; (4) technical or human error which may occur in the administration of the Giveaway or the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Giveaway, or receipt, or use of any prize or while traveling to or from any prize-related activity. If for any reason an Entrant's entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, Entrant’s sole remedy is another entry in the Giveaway, if it is possible. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming, or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Winzos! reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims.
j. Disputes: Entrant agrees that: (i) any and all disputes, claims, and causes of action arising out of or connected with this Instant Win Game or any prizes awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Southern District of Texas or the appropriate Texas State Court located in Harris County, Texas; (ii) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Giveaway but in no event attorneys' fees; and (iii) under no circumstances will Entrant be permitted to obtain awards for and Entrant hereby waives all rights to claim punitive, incidental, and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of the Entrant and Winzos! in connection with the Giveaway, shall be governed by, and construed in accordance with, the laws of the State of Texas, without giving effect to any choice of law or conflict of law rules (whether of the State of Texas or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State ofTexas.
k. Publicity Except where prohibited, acceptance of the prize and/or participation in the Giveaway constitutes Winner’s consent to Winzos!'s use of Winner's name, likeness, photograph, voice, opinions, biographical information, hometown, and state for promotional purposes in any media without further payment or consideration.
m. Prohibited US States/Countries. You acknowledge that various rules, regulations and laws addressing sweepstakes, contests, and tournaments with entry fees and/or prizes govern your participation in Giveaways (“Gaming Laws”), and that Gaming Laws are set up by each individual US state, country, territory, or jurisdiction. Therefore, the Software DOES NOT permit Giveaways to be offered to users participating in Giveaways in any state in which such Giveaways violates its Gaming Laws (“Prohibited Jurisdiction”), and if you are located in any Prohibited Jurisdiction then you may not participate in Giveaways. In the United States, Prohibited Jurisdictions, as of the “Updated” date above, include: Arizona, Arkansas, Connecticut, Delaware, Louisiana, Montana, South Carolina, South Dakota, and Tennessee. For card games (if they are offered), Prohibited Jurisdictions include Maine and Indiana. It is your responsibility to determine whether the state, country, territory or jurisdiction in which you are located is a Prohibited Jurisdiction. We reserve the right (but have no obligation) to monitor the location from which you access Services and we may block access from any Prohibited Jurisdiction. Each time you log in to participate in a Giveaway, you must accurately confirm the location from which you are playing.