DesignMilk’s #ChaseSpring Tweetstakes Official Rules
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ELIGIBLE ENTRIES RECEIVED. VOID WHERE PROHIBITED BY LAW. BY ENTERING THIS SWEEPSTAKES, YOU AGREE TO RESOLVE ANY DISPUTES BY BINDING ARBITRATION AS PROVIDED IN SECTION 9 BELOW.
1. ELIGIBILITY: Design-Milk.com’s #ChaseSpring Tweetstakes (the “Sweepstakes”) is open only to legal residents of the fifty states (50) of the United States (“U.S”) and the District of Columbia (void in Puerto Rico, all U.S. territories and possessions and all overseas military installations) who are at least eighteen (18) years of age or older, and the age of majority in their state of residence, as of May 8, 2014, with access to the Internet at all times during the Sweepstakes Period (as defined below) and subsequent Prize Award Period (as defined below). Design-Milk.com (“Sponsor”), JPMorgan Chase & Co., all associated agencies and each of their respective parent corporations, subsidiaries, affiliates, employees, officers, directors, sales representatives, distributors, licensees, vendors, contractors or agents (all of the foregoing, together with Sponsor, collectively referred to as “Sweepstakes Entities”), and each of their immediate family members (spouse, parent, child, sibling and their respective spouses) and those living in the same household of each (whether legally related or not), are ineligible to enter or win the Sweepstakes. All applicable federal, state and local laws and regulations apply. Void where prohibited or restricted by law. Entry in the Sweepstakes constitutes your full and unconditional acceptance of these Official Rules and acknowledgement that this Sweepstakes is in no way sponsored, endorsed or administered by www.Twitter.com (“Twitter”).
2. SWEEPSTAKES PERIOD: The Sweepstakes entry period begins as of 8:00 p.m. Eastern Time (“ET”) on May 8, 2014 and ends as of 9:00 p.m. ET on May 8, 2014 (“Sweepstakes Period”).
Entries must be received before May 8, 2014 at 9:00 p.m. ET to be eligible for the Sweepstakes. All Entries become the property of Sponsor and will not be acknowledged. Sponsor’s computer shall be the official timekeeper for all matters related to this Sweepstakes. Entries generated by a script, macro, or other automated means will be disqualified.Entries displaying or containing profanity or that are obscene or otherwise inappropriate (as determined by Sponsor) will be disqualified. Entries that are incomplete, garbled, corrupted, or unintelligible for any reason, including, but not limited to, computer or network malfunction or congestion, are void and will not be accepted. Entries must comply with all applicable laws, rules, and regulations. In case of a dispute over the identity of an entrant, the authorized account holder of the Twitter account used to enter will be deemed to be the entrant. By submitting an Entry, you (1) give Sweepstakes Entities the right to publish your Entry, including your name and/or Twitter username, on the Sponsor’s websites, Twitter page and/or other public websites; and (2) assign all ownership rights and usage rights to your Entry to the Sweepstakes Entities.
4. SELECTION OF SWEEPSTAKES WINNERS: Four (4) potential prize winners (Winners) will be selected in a random drawing to be held on or about May 8, 2014 during the Sweepstakes Period closes.The potential Winners will be selected from all eligible Entries received during the Sweepstakes Period.The potential Winners will be notified via the Twitter handle used for Entry within five (5) days after the drawing (“Prize Award Period”). Sponsor is the judge of the Sweepstakes, whose decisions on all matters relating to the Sweepstakes shall be final and binding. At the sole discretion of Sponsor, disqualification, forfeiture and the selection of an alternate Winner may result from any of the following: (1) a potential Winner’s failure to respond to Winner notification within twenty-four (24) hours; (2) the return of a notification as undeliverable after two (2) attempts; (3) apotential Winner’s failure to timely provide Sponsor with satisfactory proof of age, identity and residency; and (4)any other non-compliance with the Official Rules. In the event that a potential Winner is disqualified for any reason or in the event of a prize forfeiture, Sponsor may, in Sponsor’s sole discretion, award or not award the Prize (defined below) to an alternate potential Winner selected at random.
5. PRIZES: There will be four (4) prizes awarded in this Sweepstakes. Each prize shall consist of a one hundred dollar ($100) Visa gift card. The prizes are subject to certain terms and conditions as specified by Visa. Total approximate value of all Prizes is four hundred dollars ($400). Sweepstakes Entities make no warranties, and hereby disclaim any and all warranties, express or implied, concerning any Prize furnished in connection with this Sweepstakes. Prizes awarded will not be replaced if lost or stolen. No part of any Prize is redeemable for cash (except as required by law) or cash equivalent and is not transferable, except to a surviving spouse residing in the same household. No substitutions are allowed except, at the sole discretion of Sponsor, an equal or greater valued item may be provided. All taxes on prizes, if any, and other expenses related to accepting and/or using a prize not listed in these Official Rules are the sole responsibility of Winners, who will receive an IRS Form 1099 reflecting the final actual value of his or her prize, if applicable. Prizes will be messengered or shipped, as determined by Sponsor, only to an address in the United States. Winners bear all risk of loss or damage to prizes after they are placed by Sponsor with a third party common carrier for shipment to Winners.
THE SWEEPSTAKES ENTITIES (INCLUDING EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES AND AFFILIATES) EXPRESSLY DISCLAIM ANY AND ALL RESPONSIBILITY AND LIABILITY ARISING FROM USE OR REDEMPTION OF PRIZES.
6. PUBLICITY: As a condition of Entry into the Sweepstakes, except where prohibited by law, each entrant by entering and each Winner by accepting a Prize grants to Sweepstakes Entities and their affiliates, legal representatives, assigns and licensees, all right, title and interest in and to publicize, broadcast, display and/or otherwise use the Sweepstakes entrant’s name, Twitter username, city, state and biographical material (collectively, “Licensed Rights”), in any media now known or hereafter devised throughout the world in perpetuity for advertising and publicity purposes, without additional review, compensation, permission or approval.
7. GENERAL RULES: By entering or participating in the Sweepstakes, participants agree to be bound by these Official Rules, the terms and conditions of the Sponsor’s websites, and by the decisions of Sponsor, which are final and binding in all respects. By entering the Sweepstakes, entrants waive the right to claim any ambiguity or error in these Official Rules or in the Sweepstakes itself. Sponsor reserves the right to modify these Official Rules for clarification purposes without materially affecting the terms and conditions of the Sweepstakes. Sweepstakes Entities are not responsible for: (1) any incorrect or inaccurate information or technical failures of any kind; (2) unauthorized human intervention in any part of the Entry process or the Sweepstakes; or (3) any other computer, network, technical, human or other error, problem or malfunction that may occur in connection with the administration of the Sweepstakes, the processing of Entries, or the selection or notification of Winners. Further, if, for any reason, the Sweepstakes is not capable of running as planned for reasons outside the control of the Sponsor which, in the sole opinion of Sponsor, may corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes (or portion thereof), Sponsor reserves the right, at Sponsor’s sole discretion, to cancel, terminate, modify or suspend the Sweepstakes (or portion thereof). In the event of such cancellation, termination, modification or suspension, Sponsor will select Winners from all eligible, non-suspect Entries received prior to such action. Sponsor also reserves the right at Sponsor’s sole discretion to disqualify the Entry of any individual found to be (a) tampering or attempting to tamper with the Entry process or the operation of the Sweepstakes or any website operated by the Sweepstakes Entities; (b) using any robotic, macro, automatic, programmed or like entry methods, which will void all such Entries; (c) violating these Official Rules or the terms of service, conditions of use, and/or general rules of any Sponsor property or service; or (d) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten, or harass any other person. Sweepstakes Entities are not responsible for claims, injuries, losses or damages of any kind resulting, in whole or in part, directly or indirectly, from the awarding, delivery, acceptance, use, misuse, possession, loss or misdirection of any Prize; participation in this Sweepstakes or in any activity or travel related thereto or from any interaction with, or downloading of, computer Sweepstakes information. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
9. BINDING ARBITRATION OF DISPUTES: We believe that arbitration is a faster, more convenient and less expensive way to resolve any disputes or disagreements that you may have related to this Sweepstakes or your interactions with the Sponsor. Therefore, pursuant to these Official Rules, if you have any dispute or disagreement with the Sponsor regarding or relating to the Sweepstakes, the Prizes, or other aspect of your interaction with the Sponsor or the website or service where this Sweepstakes appears, including any data or information you may provide to the Sponsor or that the Sponsor may gather in connection with such use, interaction or transaction (collectively, “Design-Milk.com Transactions or Relationships”), you will not have the right to pursue a claim in court, or have a jury decide the claim and you will not have the right to bring or participate in any class action or similar proceeding in court or in arbitration. By entering the Sweepstakes or engaging in any other Design-Milk.com Transactions or Relationships, you agree to binding arbitration as provided below.
a) the Arbitration shall be conducted before a single arbitrator selected in accordance with the Applicable Rules or by mutual agreement between you and the Sponsor (the “Arbitrator”);
b) the Arbitrator, and not any federal, state or local court or agency, shall have the exclusive authority to resolve any dispute arising under or relating to the validity, interpretation, applicability, enforceability or formation of these Official Rules (including these arbitration provisions), including but not limited to any claim that all or any part of the Official Rules is void or voidable;
c) the Arbitration shall be held either: (i) at a location determined by JAMS pursuant to the Applicable Rules (provided that such location is reasonably convenient for you and does not require travel in excess of 100 miles from your home or place of business); or (ii) at such other location as may be mutually agreed upon by you and the Sponsor; or (iii) at your election, if the only claims in the arbitration are asserted by you and are for less than $10,000 in aggregate, by telephone or by written submission;
d) the Arbitrator (i) shall apply internal laws of the State of California consistent with the Federal Arbitration Act and applicable statutes of limitations, or, to the extent (if any) that federal law prevails, shall apply the law of the United States, irrespective of any conflict of law principles; (ii) shall entertain any motion to dismiss, motion to strike, motion for judgment on the pleadings, motion for complete or partial summary judgment, motion for summary adjudication, or any other dispositive motion consistent with California or federal rules of procedure, as applicable; (iii) shall honor claims of privilege recognized at law; and (iv) shall have authority to award any form of legal or equitable relief, provided, however, that in no event shall either party be entitled to damages in excess of actual damages or to recover punitive, exemplary, consequential, or incidental damages;
e) the Arbitration can resolve only your and/or the Sponsor’s individual claims, and the Arbitrator shall have no authority to entertain or arbitrate any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated;
f) the Arbitrator shall issue a written award supported by a statement of decision setting forth the Arbitrator’s complete determination of the dispute and the factual findings and legal conclusions relevant to it (an “Award”). Judgment upon the Award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets;
g) in the event that you are able to demonstrate that the costs of Arbitration will be prohibitive as compared to the costs of litigation, the Sponsor will pay as much of your filing and hearing fees in connection with the Arbitration as the Arbitrator deems necessary to prevent the arbitration from being cost-prohibitive, regardless of the outcome of the Arbitration, unless the Arbitrator determines that your claim(s) were frivolous or asserted in bad faith;
h) in the event you recover an Award greater than the Sponsor’s last written settlement offer, the Arbitrator shall also have the right to include in the Award the Sponsor’s reimbursement of your reasonable and actual out-of-pocket attorneys’ fees associated with the Arbitration, but the Sponsor shall in all events bear its own attorneys’ fees;
i) with the exception of subpart (e) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Applicable Rules, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (e) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor the Sponsor shall be entitled to arbitrate their dispute, and must instead bring any claims in a state or Federal court of competent jurisdiction located in San Diego, California; and
(j) notwithstanding the foregoing arbitration provisions, at your option, you may bring any claim you have against the Sponsor in your local small claims court within the United States, if your claim is within such court’s jurisdictional limit; provided that such court does not have the authority to entertain any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated in such proceeding.
10. RULES/WINNERS LIST REQUESTS: To obtain a copy of these Official Rules or for notification of the Winners, send a self-addressed stamped envelope to: Design-Milk.coms #ChaseSpring Tweetstakes Official Rules/Winners List Request, P.O. Box 8263 Cherry Hill, NJ 08002. Requests for notification of Winner must be received no later than three (3) months after the end of the Sweepstakes Period.
11. SPONSOR: Design-Milk.com, P.O. Box 8263 Cherry Hill, NJ 08002