Landed August Giveaway Sweepstakes - OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. MAKING A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
1. PROMOTION DESCRIPTION: The Landed August Giveaway Sweepstakes (the “Sweepstakes”) begins on August 1,
The sponsor of this Sweepstakes is Landed, Inc. (“Landed”). By participating in the Sweepstakes, each Entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Landed, which shall be final and binding in all respects. Landed is responsible for the collection, submission or processing of Entries and the overall administration of the Sweepstakes. Entrants should look solely to Landed with any questions, comments or problems related to the Sweepstakes. Landed may be reached by email at email@example.com during the Promotion Period.
2. ELIGIBILITY: Open to legal residents of the United States who are at least 18 years old as of the time of entry (the “Entrant”). Landed and its affiliates, and their respective parents, subsidiaries, affiliates, distributors, retailers, sales representatives, advertising and promotion agencies and each of their respective officers, directors
Grand Prize: One winner will receive an REI gift card (retail value: $100). Odds of winning will vary depending on the number of eligible Entries received.
Only one prize per person and per household will be awarded. Gift cards and gift certificates are subject to the terms and conditions of the issuer. Prizes cannot be transferred, redeemed for cash or substituted by winner. Landed reserves the right in its sole and absolute discretion to award a substitute prize of equal or greater value if a prize described in these Official Rules is unavailable or cannot be awarded, in whole or in part, for any reason. The retail value of the prize represents Landed's good faith determination. That determination is final and binding and cannot be appealed. If the actual value of the prize turns out to be less than the stated maximum retail value, the difference will not be awarded in cash. Landed makes no representation or warranty concerning the appearance, safety or performance of any prize awarded. Restrictions, conditions, and limitations may apply. Landed will not replace any lost or stolen prize items.
4. HOW TO ENTER: Enter the Sweepstakes during the Promotion Period online by signing up via the form located on www.landed.com/refer or the matching form located on our Thank You page. If you have already signed up for a previous month’s Sweepstakes, you can also enter this Sweepstakes by sharing your unique link on Facebook, Twitter, LinkedIn, or via email and having a referral sign up through the link.
Automated or robotic Entries submitted by individuals or organizations will be disqualified. Internet entry must be made by the Entrant. Any attempt by Entrant to obtain more than the stated number of Entries by using multiple/different email addresses, identities, registrations, logins or any other methods, including, but not limited to, commercial contest/sweepstakes subscription notification and/or entering services, will void Entrant's Entries and that Entrant may be disqualified. Final eligibility for the award of any prize is subject to eligibility verification as set forth below. All Entries must be received by the end of the Promotion Period in order to participate. Landed's database clock will be the official timekeeper for this Sweepstakes.
5. RIGHTS GRANTED BY ENTRANT: By submitting an Entry to the Sweepstakes you understand that Landed and its affiliates, anyone acting on behalf of them, or their respective licensees, successors and assigns will have the right, where permitted by law, without any further notice, review or consent to print, publish, broadcast, distribute, and use, in any media now known or hereafter in perpetuity and throughout the world, all materials and information Landed receives from you in connection with the Sweepstakes, including, without limitation, the entry and winner's name, portrait, picture, voice, likeness, image or statements about the Sweepstakes, and biographical information as news, publicity or information and for trade, advertising, public relations and promotional purposes without any further compensation.
6. WINNER SELECTION: The Winner(s) of the Sweepstakes will be selected in a random drawing from among all eligible Entries received throughout the Promotion Period. The random drawing will be conducted within five business days following the Promotion Period by Landed or its designated representatives, whose decisions are final.
7. WINNER NOTIFICATION: Winner will be notified by email at the email address provided in the Entry Information approximately five business days after the random drawing. Potential Winner must accept a prize by email as directed by Landed within five business days of notification. Landed is not responsible for any delay or failure to receive notification for any reason, including inactive email account(s), technical difficulties associated therewith, or Winner’s failure to adequately monitor any email account.
Any winner notification not responded to or returned as undeliverable may result in prize forfeiture. The potential prize winner may be required to sign and return an affidavit of eligibility and release of liability, and a publicity release. No substitution or transfer of a prize is permitted except by Landed.
9. LIMITATION OF LIABILITY: Landed and its affiliates assume no responsibility or liability for (a) any incorrect or inaccurate entry information, or for any faulty or failed electronic data transmissions; (b) any unauthorized access to, or theft, destruction or alteration of entries at any point in the operation of the Sweepstakes; (c) any technical malfunction, failure, error, omission, interruption, deletion, defect, delay in operation or communications line failure, regardless of cause, with regard to any equipment, systems, networks, lines, satellites, servers, camera, computers or providers utilized in any aspect of the operation of the Sweepstakes; (d) inaccessibility or unavailability of any network or wireless service, the Internet or website or any combination thereof; (e) suspended or discontinued Internet, wireless or landline phone service; or (f) any injury or damage to participant's or to any other person’s computer or mobile device which may be related to or resulting from any attempt to participate in the Sweepstakes or download of any materials in the Sweepstakes.
If, for any reason, the Sweepstakes is not capable of running as planned for reasons which may include without limitation, infection by computer virus, tampering, unauthorized intervention, fraud, technical failures, or any other causes which may corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes, Landed reserves the right at its sole discretion to cancel, terminate, modify or suspend the Sweepstakes in whole or in part. In such event, Landed will immediately suspend all drawings and prize awards, and Landed reserves the right to award any remaining prizes (up to the total estimated prize value as set forth in these Official Rules) in a manner deemed fair and equitable by Landed. Landed and Released Parties will not have any further liability to any participant in connection with the Sweepstakes.
10. SOCIAL NETWORK DISCLAIMER:
11. WINNER LIST/OFFICIAL RULES: To obtain a copy of the Winner List or a copy of these Official Rules, send your request along with a stamped (except where prohibited by law), self-addressed envelope to:
Re: Giveaway Sweepstakes
548 Market St, Suite 79600
San Francisco, California 94104
Requests for the names of the winners must be received no later than one year (or such later period as may be required by law) after the Promotion Period has ended.
548 Market St, Suite 79600
San Francisco, California 94104
13. DISPUTE RESOLUTION:
- General. In the interest of resolving disputes between you and Landed in the most expedient and cost-effective manner, you and Landed agree that any dispute arising out of or in any way related to the Sweepstakes will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in
court,and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to the Sweepstakes, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory. YOU UNDERSTAND AND AGREE THAT, BY ENTERING THE SWEEPSTAKES, YOU AND LANDED ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THESE OFFICIAL RULES SHALL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT.
- Exceptions. Notwithstanding Section 13.a above, nothing in these Official Rules will be deemed to waive, preclude or otherwise limit the right of either party
to:(i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state or local agency if that action is available; (iii) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (iv) to file suit in a court of law to address an intellectual property infringement claim.
- Arbitrator. Any arbitration between you and Landed will be governed by the Federal Arbitration Act and the Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Official Rules, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879 or by contacting Landed. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of this binding arbitration agreement.
- Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by U.S. Mail (“Notice”). Landed’s address for Notice
is:Landed, Inc., 548 Market St, Suite 79600, San Francisco, California 94104 or by email at firstname.lastname@example.org Attn: Legal Department. The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, then you or Landed may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Landed must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award,if any. If the dispute is finally resolved through arbitration in your favor with a monetary award that exceeds the last written settlement amount offered by Landed prior to selection of an arbitrator, then Landed will pay you the highest of the following: (1) the amount awarded by the arbitrator, if any; (2) the last written settlement amount offered by Landed in settlement of the dispute prior to the arbitrator’s award; or (3) $1,000.
- Fees. If you commence arbitration in accordance with these Official Rules, then Landed will reimburse you for your payment of the filing fee, unless your claim is for more than $1,000 or as set forth below, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in San Francisco, California, but if the claim is for $1,000 or less, then you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephone hearing; or (iii) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Landed for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. Each party agrees that such written decision, and information exchanged during arbitration, will be kept confidential except to the extent necessary to enforce or permit limited judicial review of the award. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
- No Class Actions. YOU AND LANDED AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Landed agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
- Enforceability. If Section 13.f above is found to be unenforceable or if the entirety of this Section 13 is found to be unenforceable, then the entirety of this Section 13 will be null and void.