The “Once Upon a Time” SWEEPSTAKES
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCE OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW, RULE, OR REGULATION. OPEN ONLY TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA.
1. Eligibility: Endearment Square’s “Once Upon A Time” Sweepstakes (the “Promotion”) is open only to legal residents of the 50 United States, and the District of Columbia (D.C.), who are at least the age of majority in their state, or district, of residence at the time of entry (the “Entrant”). Participation constitutes Entrant’s full and unconditional agreement to these official rules and Sponsor’s decisions, which are final and binding in all matters related to the Promotion. Winning a prize is contingent upon fulfilling all requirements set forth herein. The Promotion consists of sweepstakes (the “Sweepstakes”). Employees, officers and directors of Jawbolt, LLC (“Sponsor”), Jawbolt, LLC d/b/a Endearment Square, and their affiliates and each of their respective affiliate companies, parent companies, subsidiaries, advertising and promotion agencies, sponsors, suppliers, shareholders, officers, directors, agents, members, successors and assigns involved in the promotion, (collectively “Released Parties”) and the immediate families (including parents, children – whether step children or adoptive children or biological children, siblings, spouses and in-laws) and persons, whether related or not, who reside in the same household of the employees of the Released Parties are NOT eligible to participate in this Promotion. Entrant must have and maintain a valid and accessible email address.
2. Timing: The Promotion begins on April 1, 2019, at 12:01 a.m. Pacific Time (“PT”) and ends on December 31, 2019, at 11:59:59 p.m. PT (the “Promotion Period”). Sponsor’s computer is the official time keeping device for this Promotion.
3. How to Enter: Limit one (1) entry per valid and accessible email address. A single entry is eligible for all prizes given away in the promotion.
The three (3) methods outlined below are the only methods available to enter the Sweepstakes:
- Online – Complete the form at [https://endearmentsquare.com/enter-sweepstakes/]
- Email – Send an email to firstname.lastname@example.org with “Once Upon A Time Sweepstakes Entry” in the subject line. You must include your complete name, email address, mailing address, phone number, and date of birth. You must also include the statement, “I have read and agree to the Official Rules”.
- Write-in (AMOE) – On a postcard or a card that is no smaller than 3 ½ x 5 inches and no larger than 4 ¼ x 6 inches, legibly hand-write your complete name, email address, mailing address, phone number, and date of birth. You must also include the statement, “I have read and agree to the Official Rules”. Mail with proper postage to: Once Upon A Time Sweepstakes Entry, 319 Vann Dr, Suite E #26, Jackson, TN 38305. There is a limit of one (1) write-in entry per envelope/postcard. Each envelope/postcard is considered one (1) entry into the Sweepstakes. Entries submitted or completed by anyone other than the Entrant are void. No mechanical reproductions will be accepted. Write-in entries must contain all entry fields outlined above; otherwise, they are void and will not be eligible to win.
All write-in entries must be postmarked by December 31, 2019 and received by January 6, 2019. All other entries must be received by 11:59:59 p.m. ET December 31, 2019.
4. Sweepstakes Drawing: Sponsor will utilize an electronic random selection program to determine potential prize winners. Sponsor’s decisions as to the administration and operation of the Promotion and the selection of potential winners are final and binding in all matters related to the Promotion.
One (1) potential Prize Winners will be selected, from among all eligible entries received, in a random drawing on or about January 8, 2020. All entries that are in compliance with these Rules will be considered eligible from the day of entry through the duration of the contest. Eligible entries cannot win multiple prizes.
5. ALL POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE PROMOTION. AN ENTRANT IS NOT A WINNER OF ANY PRIZE, EVEN IF SWEEPSTAKES SHOULD SO INDICATE, UNLESS AND UNTIL ENTRANT’S ELIGIBILITY, AND THE GRAND PRIZE WINNER HAVE BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE. SPONSOR WILL NOT ACCEPT SCREENSHOTS OR OTHER EVIDENCE OF WINNING IN LIEU OF ITS VALIDATION PROCESS. ANY ENTRY THAT OCCURS AFTER THE SYSTEM HAS FAILED FOR ANY REASON IS DEEMED A DEFECTIVE ENTRY AND IS VOID AND WILL NOT BE HONORED.
6. Verification of Potential Winners: Potential winners must continue to comply with all terms and conditions of these official rules and winning is contingent upon fulfilling all requirements. Each potential winner will be notified via phone and email. If a potential winner of any prize cannot be contacted within twenty-four (24) hours of selection, potential winner forfeits the prize. Each potential prize winner may be required to sign and return an Affidavit of Eligibility, a Liability Release, an IRS Form W-9, and a Publicity Release (“Affidavit”) (except where prohibited), which must be received by Sponsor within five (5) days of the date of the drawing, in order to claim his/her prize (if applicable). In the event all required documents are not executed and returned within the prescribed period, Sponsor reserves the right to disqualify the potential winner. In the event that the potential Prize Winner is disqualified for any reason, Sponsor may award the Prize to an alternate winner by random drawing from among all remaining eligible entries. All alternate potential winners are subject to all requirements set forth in these official rules. The process to determine an alternate winner will repeat for a maximum of three (3) drawings. If a Prize Winner is not verified after the initial drawing and three (3) alternate drawings, the Promotion will end without a winner.
7. Sweepstakes Prize: The Grand Prize winner will select one (1) of the following prizes: 1) the Winners’ life story, written and published in a book, or 2) the life story, written and published in a book, of a person who is biologically related to the Winner, or 3) the life story, written and published in a book, of a person who can provide to the Sponsor legal documents that confirm a legal familial relationship to the Winner.
After being notified they are the Official Winner, the Official Winner must notify Sponsor within seven (7) days regarding which prize they have selected. The prize selected by the Official Winner will be binding and cannot be changed.
The individual whose life story will be written (“the Subject”) will be required to sign a “Life Story Rights Agreement” that will be binding through December 31, 2022.
The Grand Prize will include at least two (2) interviews with the Subject that will be recorded with video and sound, multiple questionnaires, the writing of the life story, design of the cover, and the printing of twelve (12) paperback copies of the finished book. The book will be written using the English language. An ISBN is not part of the Grand Prize.
The Subject must be available for interviews and questions and maintain a normal and regular contact schedule with the Sponsor, and shall be truthful when answering questions and providing details about their life story. If the Subject is found to be fabricating parts of their life story, the Sponsor reserves the right to disqualify the Subject and the Winner.
The Grand Prize shall be completed and delivered to the Winner no later than December 31, 2020.
The Subject may elect to have a publisher print, distribute, and offer for sale to the public any number of copies after December 31, 2020. Any actions by the Subject and Winner related to the distribution and sale of the book after December 31, 2020 is to be considered outside the scope of this Sweepstakes.
Approximate Retail Value (“ARV”) cannot be accurately assigned because the the Grand Prize is not available for purchase by the general public and is not offered for sale in a retail environment, and thus, does not have a retail value. The value of a life story is most often calculated based on the perceived interest level in the events that make up the life story, and the Sponsor has no way to determine the value of the life story prior to the drawing of a winner.
Odds of winning the Grand Prize depend upon the number of eligible entries received during the Entry Period. No refund or compensation will be made by Sponsor in the event of the cancellation of an event related to a Prize. All expenses and incidental travel costs not expressly stated in these rules, including but not limited to, transportation, lodging, taxes or other expenses are the responsibility solely of each Prize Winner.
No cash equivalent will be given, and the prize is non-transferable, and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize for one of equal or greater value if the designated prize should become unavailable for any reason. The winner is responsible for all taxes and fees associated with prize receipt and/or use.
8. Release: By receipt of any prize, winner agrees to release and hold harmless Jawbolt, LLC (“Sponsor”), and Jawbolt, LLC d/b/a Endearment Square, and their affiliates and each of their respective affiliate companies, parent companies, subsidiaries, advertising and promotion agencies, sponsors, suppliers, shareholders, officers, directors, agents, members, successors and assigns involved in the promotion, (collectively “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Promotion or receipt, use, or misuse of any prize.
9. Publicity: Except where prohibited, participation in the Promotion constitutes winner’s consent to Sponsor’s and its agents’ use of winner’s name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration. (TN residents will not be required to sign a Publicity Release as a condition of winning a prize)
10. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Promotion, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor in its sole discretion. In such event, Sponsor reserves the right to award the prizes at random from among the eligible entries received up to the time of the impairment. Sponsor 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 official rules or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these official rules shall not constitute a waiver of that provision.
11. Limitations of Liability: The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Promotion; (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 Promotion; (4) technical or a human error which may occur in the administration of the Promotion 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 Promotion or receipt or use or misuse of any prize. 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 Sweepstakes provided that if it is not possible to award another entry due to discontinuance of the Promotion, or any part of it, for any reason, Sponsor, at its discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. 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, Sponsor, reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims.
12. Disputes: Except where prohibited, entrant agrees that: (1) any and all disputes, claims, and causes of action arising out of or connected with this Promotion or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by federal court in the Northern District of California or the state courts located in Santa Clara County, California, and you hereby consent and waive any objection to the jurisdiction of said courts for any such dispute; (2) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, 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. All issues and questions concerning the construction, validity, interpretation, and enforceability of these official rules, or the rights and obligations of the entrant and Sponsor in connection with the Promotion shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.
13. MISCELLANEOUS: These Official Rules contain the full and complete understanding with respect to the Sweepstakes and supersede all prior and contemporaneous agreements, representations and understandings, whether oral or written. The headings herein are for convenience only, do not constitute a part of these Official Rules, and shall not be deemed to limit or affect any of the provisions hereof. No amendment to, or waiver of, any provision of these Official Rules shall be effective unless in writing and signed by an official representative of the Sponsor. The waiver by Sponsor of any provision of these Official Rules shall not constitute a waiver of any other provision herein. The rights and obligations herein may not be assigned by Entrant, whether by operation of law or otherwise, without the prior written consent of Sponsor, and any attempted assignment in violation of the foregoing shall be null and void. These Official Rules shall be binding upon, and inure to the benefit of, the permitted successors and assigns of Sponsor and Entrant.
15. Winners’ List: To receive a list of the winners, send a stamped self-addressed envelope to: Once Upon A Time Promotion Winners, 319 Vann Dr, Suite E #26, Jackson, TN 38305 within sixty (60) days of the expiration of the Promotion Period.
16. Rules Request: For a copy of these official rules, send a self-addressed, stamped envelope to Once Upon A Time Promotion Official Rules, 319 Vann Dr, Suite E #26, Jackson, TN 38305 prior to the end of the Promotion Period. Vermont residents may omit return postage with Official Rules requests.
17. Sponsor: Jawbolt, LLC, 228 Hamilton Ave, Floor 3, Palo Alto, CA 94301.[official rules end]