Swoop Says Contest
NO PURCHASE NECESSARY TO ENTER OR WIN. A purchase will not increase your chances of winning. VOID WHERE PROHIBITED BY LAW OR REGULATION. PARTICIPANTS MUST BE 18 YEARS OF AGE OR OLDER AT THE TIME OF ENTRY. This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Facebook, Inc., Twitter, YouTube, Pinterest, LinkedIn, Google, Philadelphia Eagles, LLC, and the NFL Entities (defined herein). The “NFL Entities” shall mean the National Football League, its member professional football clubs (other than the Philadelphia Eagles, LLC ), NFL Ventures, Inc., NFL Ventures, L.P., NFL Properties LLC, NFL Enterprises LLC and each of their respective subsidiaries, affiliates, shareholders, officers, directors, agents, representatives and employees. You understand that you are providing your information to Bob’s Discount Furniture, LLC and not to Facebook, Inc. or Philadelphia Eagles, LLC.
The Swoop Says Sweepstakes (the “Sweepstakes”) begins with a call for entries on Thursday, August 18, 2016 at 10:00 a.m. Eastern Standard Time ("EST") and ends with the determination of a winner on Monday, August 29, 2016 at 12:00 p.m. EST (the “Sweepstakes Period”). The Shortstack data clock will be the timekeeper for the Sweepstakes. Entry in the Sweepstakes does not constitute entry into any other promotion, contest, or sweepstakes.
AGREEMENT TO THE OFFICIAL RULES:
Participation in the Sweepstakes constitutes entrant’s unconditional acceptance of and agreement to these Sweepstakes Official Rules (the “Official Rules”) and the decisions of the sponsor of the Sweepstakes, Bob’s Discount Furniture 428 Tolland Turnpike, Manchester, CT 06040 (the “Sponsor”), whose decisions shall be final and legally binding in all respects.
The Sweepstakes is open only to legal residents of Pennsylvania, New Jersey, Delaware and Maryland, who are eighteen (18) years of age or older at the time of entry and within the Philadelphia Eagles DMA. Employees, officers, and directors of Sponsor, Philadelphia Eagles LLC, NPS LLC, the NFL Entities, the promotion prize suppliers, and each of their respective parent companies, divisions, agents, affiliated companies, subsidiaries, licensees, distributors, dealers, sales representatives, retailers, printers, individuals engaged in the development, production or distribution of Sweepstakes materials, their advertising and promotion agencies, and any and all other persons associated with the Sweepstakes (collectively, the “Promotion Entities”), and each of their immediate family members (as defined by the IRS) and/or people living in the same household, whether related or not, are not eligible to participate. Eligibility is subject to all federal, state, and local laws and regulations. Void where prohibited by law.
HOW TO ENTER:
You can enter the Sweepstakes through Sponsor’s application on www.swoopsays.com (the "website") during the Sweepstakes Period. The deadline for submitting entries to the Sweepstakes is Monday, August 29, 2016 at 12:00 p.m. EST. To enter the Sweepstakes (a) visit www.swoopsays.com (b) follow the instructions to complete the entry form fully with self-created captions (the “Submission”) and all other required information (which may include your full name, full address, city, state, zip code, telephone number and age), and (c) agree to the Official Rules. Entrants may enter once during the contest period.
To count as a Submission, one (1) self-created caption of 140 characters or less for the top image must be submitted on the Swoop Says website, along with the other required information. To maximize your chances of winning, entrants may submit two (2) self-created captions for the remaining images (optional). Entrants represent and warrant that the Submission is their original work, has not been copied from others, and it does not violate the rights of any other person or entity.
Entries made by any other individual other than the person named in the Entry, or by any entity, including, but not limited to, commercial sweepstakes subscription notification and/or entering services, and/or through other third-party websites or software programs are prohibited and will be declared invalid and disqualified for this Sweepstakes. Tampering with the entry process or the operation of the Sweepstakes is prohibited and any entries deemed by Sponsor, in its sole discretion, to have been submitted in this manner will be void. In case of a dispute over the identity of an entrant, the authorized account holder of the email address used to enter will be deemed to be the entrant. “Authorized account holder” is defined as the person who is assigned to an email address by an Internet access service provider, online service provider or other organization that is responsible for assigning email addresses for the domain associated with the submitted email address.
By entering the Promotion, entrants also grant Sponsor, Philadelphia Eagles, LLC, and the NFL Entities and each of their assigns the right and permission to use the name, address (city and state) picture, voice, likeness, biographical data, photograph, prize information, testimonial or other likeness and/or information or personal exposition (and/or any edited portion thereof), including the entrants’ Submissions and photographs and/or videos of the winner and the winner’s guests attending any of the 2016 – 2017 Philadelphia Eagles home games and/or any information contained in the Entry form for trade, promotional, advertising, and/or publicity purposes in any media, now or hereafter known, including on-line at www.philadelphiaeagles.com, throughout the world in perpetuity, without compensation or notice to, or further consent of, the entrants and winner, to the extent permitted by law.
Three (3) winners will receive two (2) tickets to each 2016-2017 regular season Philadelphia Eagles home game, for a total of (16) tickets each (collectively, the “Prize”). The Approximate Retail Value of the Prize is four thousand and ninety-six dollars ($4,096.00) Prize is non-assignable and non-transferable. No cash alternative or substitution will be allowed or provided, except Sponsor reserves the right to substitute the Prize or any portion of Prize for one of equal or greater value.
WINNER SELECTION AND NOTIFICATION:
The potential winners will be selected from the entry pool by a member or members of the Sponsor’s staff to the sweepstakes. Winner selection will be held on Monday, August 29, 2016. The selection will be conducted by Sponsor, the judge of the Sweepstakes, whose decisions on all matters relating to the Sweepstakes shall be final and binding. The potential winners will be selected from all eligible entries who took the required actions during the Sweepstakes Period. Prize award is subject to verification by the Sponsor and potential prizewinners must meet all eligibility requirements and fully comply with these Official Rules.
On or about Friday, September 2, 2016, potential prizewinners will be notified by email and/or telephone, using the contact information provided at the time of entry. Potential prizewinner will be required to complete, sign, and return an Affidavit of Eligibility/Liability Release, and, where lawful, a Publicity Release (granting the use of the winner(s) names, city/state, likeness, or photography by Sponsor for advertising/publicity purposes, without further compensation) within one (1) day of attempted notification or prize will be forfeited and awarded to an alternate winner. Sponsor shall have no liability for any potential prize winning notification that is lost, intercepted or not received by any potential winner for any reason. If any potential prizewinners are found to be ineligible, or if he or she has not complied with these Official Rules or declines a prize for any reason prior to award, such potential prizewinner(s) will be disqualified and an alternate prizewinner(s) may be selected.
After the Prize is claimed (subject to Sponsor’s verification of eligibility), the Prize will be awarded as follows. The sixteen (16) game tickets will be delivered electronically to the winners by email. Prizewinners are responsible for any and all applicable fees, federal, state and local taxes, if any, and any other expenses associated with acceptance or use of Prize. Acceptance of any prize constitutes prizewinners’ permission for the Sponsor to use prizewinner's name, photograph, image, likeness, voice, biographical information, statements, Submissions and complete address (collectively, the "Attributes"), for advertising and/or publicity purposes worldwide and in all forms of media now known or hereafter devised, in perpetuity, without further compensation or authorization, (except where prohibited by law), and releases the Bob’s Discount Furniture from all claims arising out of the use of such Attributes.
By entering and participating in the Sweepstakes, each entrant agrees on behalf of itself and each of entrant’s heirs, executors, and administrators (A) to release and hold harmless Sponsor and the Promotion Entities and each of their parent companies, divisions, subsidiaries, affiliates, agents, advertising, promotion and public relations agencies and the respective officers, directors, and employees of each (collectively, “Released Parties”) from any and all liability, rights claims and causes of action that entrant may have or which may arise against the Released Parties for any illness, injury, death, loss, litigation, or personal or property damage that may occur, directly or indirectly, whether caused by negligence or not, from such entrant’s participation in the Sweepstakes and/or his/her acceptance, possession, use, or misuse of Prize or any portion thereof (including any travel related thereto); (B) that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee express or implied, in fact or in law, with respect to any Prize, including, without limitation, to such Prize’s quality or fitness for a particular purpose; and (C) to be bound by these Official Rules and to waive any right to claim any ambiguity or error therein or in the Sweepstakes itself, and to be bound by all decisions of the
Sponsor, which are binding and final. Failure to comply with these conditions may result in disqualification from the Sweepstakes at Sponsor’s sole discretion.
Sponsor makes no warranties, and hereby disclaims any and all warranties, express or implied, concerning any Prize furnished in connection with the Sweepstakes. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUCH PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SPONSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.
Sponsor is not responsible for lost, late, mutilated, misdirected, illegible, incomplete, inaccurate, or stolen submissions or prize notifications, or any typographical error(s) in any Sweepstakes related materials, including, but not limited to, the announcement of prizes or these Official Rules. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Sweepstakes, to be acting in violation of the Official Rules, or to be acting with the intent to disrupt or undermine the legitimate operation of the Sweepstakes, or to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. Entries that are incomplete, garbled, corrupted, or illegible for any reason, including, but not limited to, computer or network malfunction or congestion, are void and will not be accepted. No forged, mechanically reproduced, software-generated or other automated entries will be accepted. Sponsor reserves the right to modify, extend, suspend, or terminate the Sweepstakes if it determines, in its sole discretion, that the Sweepstakes is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other causes beyond Sponsor’s control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of the Sweepstakes as contemplated herein. In the event an insufficient number of eligible entries are received and/or Sponsor is prevented from awarding prizes or continuing with the Sweepstakes as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made epidemic of health of other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis (e.g. SARS), order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), then Sponsor shall have the right to modify, suspend, or terminate the Sweepstakes. If the Sweepstakes is terminated before the designated end date, Sponsor will (if possible) select the winner in a random drawing from all eligible, non-suspect entries received as of the date of the event giving rise to the termination. Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances. Only the type and quantity of prizes described in these Official Rules will be awarded. These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with law by a duly authorized representative of Sponsor. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
THE SWEEPSTAKES IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF CONNECTICUT AND APPLICABLE FEDERAL LAWS. ENTRANT AGREES THAT ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR IN CONNECTION WITH THE SWEEPSTAKES OR ANY PRIZE AWARDED SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, AND HEREBY CONSENTS TO THE EXCLUSIVE JURISDICTION OF THE STATE AND FEDERAL COURTS OF CONNECTICUT. THE REMEDY FOR ANY CLAIM BY ENTRANT SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ENTRANT BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, 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
The winner will be posted on the official Bob’s Discount Furniture Facebook, Twitter and Instagram accounts on or about the week of September 5, 2016.