Official Rules April Shopping Shower $500 Giveaway

Official Rules
April Shopping Shower $500 Giveaway Promotion
NO REGISTRATION OR PURCHASE IS NECESSARY TO ENTER. REGISTRATION
FOR THE FANBANK PROGRAM DOES NOT IMPROVE YOUR CHANCES OF
WINNING. PARTICIPATION IN THE APRIL SHOPPING SHOWER $500 GIVEAWAY
PROMOTION (THE “PROMOTION”) IS VOID WHERE PROHIBITED BY LAW.
1. Eligibility: The Promotion is operated by FanBank, Inc., a Delaware corporation
with a principal place of business at 113 Harbortown Square, Suite 204,
Memphis, TN 38103 (“FanBank”) and open to legal residents of the fifty (50)
states of the United States of America and the District of Columbia who are at
least eighteen (18) years of age at the time of entry. Employees of FanBank and
any parent, subsidiary, or affiliate companies as well as immediate family
(spouse, parent, children, and siblings) and household members of each such
employee are not eligible. Participation in the Promotion is subject to all
applicable federal, state, and local regulations.
2. Timing: The Promotion begins on April 1, 2017 08:00 AM Eastern Standard
Time (“EST”), and ends no later than April 30, 2017 11:59 PM EST.
Communication of the Promotion dates will be kept current on FanBank’s
website. Official time is kept by FanBank.
3. How to Enter: There are three ways to enter (an “Entrant”): (a) directly
enrolling with first name, last name, ZIP code and email address at
fanbank.com/sweepstakes, or (b) automatically by making qualifying purchases
at designated locations, or (c) on a postcard (no smaller than 3 ½ X 5 inches and
no larger than 4 ¼ X 6 inches), legibly handwrite your complete name, address,
phone number, email address, and age and mail with proper postage to FanBank,
2017 April Shopping Shower $500 Giveaway, 113 Harbortown Square, Suite 204,
Memphis, TN 38103. All mailed entries must be postmarked no sooner than the
begining date and received by the end date of the Promotion. If the Promotion
dates are extended, FanBank will extend the deadline for receipt of mailed
entries accordingly, but not beyond the end date of the Promotion. All mailed
entries must be entirely handwritten. Entries that do not meet this
requirement will be invalid. All participants are limited to one entry per
household.
4. Random Drawing/ Odds: Potential winners will be selected in a random
drawing from all eligible entries received. Odds of winning each prize will
depend on the number of eligible entries received for the drawing. By entering
the Promotion, Entrants fully and unconditionally agree to be bound by these
rules.
a. Grand Prize Drawing: Drawing will be conducted for the Grand Prize by
a FanBank representative on or before May 10, 2017. One (1) potential
winner will be selected at random to receive the Grand Prize from the
total number of qualified Entrants received by FanBank representatives
on or before the ending date of the Promotion.
5. Prizes: All prizes are non-transferable and cannot be substituted or redeemed
for cash. Prizes are as follows:
a. “Grand Prize:” One (1) Grand Prize will be awarded which consists of
$500 in pre-paid Visa gift cards or gift cards to selected businesses. Value
of the prize is $500.
6. Notification: Potential winners will be notified by phone and email, and will be
required to sign, and return, where legal, a notarized Affidavit of Eligibility
(“Affidavit”) within two (2) days of prize notification. After verification of the
Affidavit, official prize notification will be mailed using the USPS and/or by
email. If any prize or prize notification is returned as undeliverable, if any
winner rejects his/ her prize, or in the event of noncompliance with these
Promotion rules and requirements, such prizes will be forfeited and an alternate
winner will be selected among the remaining Entrants. Upon prize forfeiture, no
compensation will be given.
7. Conditions: All federal, state, and local taxes are the sole responsibility of the
winners. By participating, Entrants and winners agree to release and hold
harmless FanBank and any participating merchants and partners (collectively
“Sponsors”), and their respective affiliates, partners, representatives, agents,
successors, assigns, employees, officers, and directors, from any liability, for loss,
harm, damage, injury, cost or expense including without limitation, property
damage, personal injury, and/ or death which may occur in connection with,
preparation for, travel to, or participation in the Promotion, or possession,
acceptance and/ or use or misuse of any prize or participation in any Promotionrelated activity and for any claims based on publicity rights, defamation, or
invasion of privacy and merchandise delivery. Sponsors are not responsible if
the Promotion cannot take place or if any prize cannot be awarded due to acts of
war, natural disasters, weather or acts of terrorism. Entrants who do not comply
with these Official Rules, or attempt to interfere with the Promotion in any way
shall be disqualified. FanBank reserves the right to cancel, suspend, and/ or
modify the Promotion, or any party of it, if any fraud, technical failures or any
other factor beyond Sponsors’ reasonable control impairs the integrity or proper
functioning of the Promotion, as determined by FanBank, in its sole discretion. In
such an event, FanBank reserves the right to award the prizes at random from
the eligible Entrants received up to that time of impairment.
8. DISCLAIMER OF WARRANTIES: SPONSORS MAKE NO WARRANTIES, AND
HEREBY DISCLAIM ANY AND ALL WARRANTIES, EXPRESSED OR IMPLIED,
CONCERNING ANY PRIZE IN CONNECTION WITH THE PROMOTION. WITHOUT
LIMITING THE GENERALITY OF THE FOREGOING, SUCH PRIZES ARE PROVIDED
“AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED,
AND THE SPONSORS HEREBY DISCLAIM ALL SUCH WARRANTIES, INDLUDING
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND/ OR NON-INFRINGEMENT. SOME
STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE
ABOVE EXCLUSION MAY NOT APPLY.
9. LIMITATION OF LIABILITY: UNDER NO CIRCUMSTANCES SHALL FANBANK,
OR ITS SUPPLIERS, PARTNERS, OR THEIR RESPECTIVE AFFILIATES BE LIABLE
FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR
PUNITIVE DAMAGES ARISING FROM OR RELATED TO THE PROMOTION OR
THESE OFFICIAL RULES, WHETHER SUCH CLAIMS ARE BASED ON WARRANTY,
CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE (EVEN IF
FANBANK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). IN
ANY EVENT ENTRANT AND FANBANK AGREE THAT THE MAXIMUM EXTENT
OF ANY CLAIM WILL NOT EXCEED ONE HUNDRED US DOLLARS ($100.00).
ENTRANT ACKNOWLEDGES AND AGREES THAT THIS SECTION 9 REPRESENTS
A REASONABLE ALLOCATION OF RISK, AND THAT IN THE ABSENCE OF THESE
LIMITATIONS OF LIABILITY, THE TERMS OF THE AGREEMENT WOULD BE
SUBSTANTIALLY DIFFERENT.
10. Use of Data: FanBank will be collecting personal data on Entrants in accordance
with its privacy policy. Please review the privacy policy at
https://www.fanbank.com. By participating in the Promotion, Entrants hereby
agree to FanBank’s collection and usage of their personal information and
acknowledge they have read, understand, and accept FanBank’s privacy policy.
Additionally, Entrant opts in as a FanBank member consumer free of charge.
Entrant may later opt out at any time.
11. List of Winners: To obtain a list of winners send a self addressed, stamped
envelope, postmarked by May 10, 2017 to 113 Harbortown Square, Suite 204,
Memphis, TN 38103.
12. Publicity: Except where prohibited, participation in the Promotion constitutes
winner’s consent to Sponsors and its agents’ use of winners’ names, likenesses,
photographs, and voice opinions for promotional purposes in any media without
further payment or additional consideration.
13. Governing Law: These Official Rules will be governed by and construed in
accordance with the laws of the State of New York, without giving effect to its
conflict of laws provisions or your actual state of residence. Any claims, legal
proceeding, or litigation arising in connection with the participation in the
Promotion will be brought solely in New York, New York, and you consent to the
jurisdiction of such courts. Any action in relation to an alleged breach of these
Official Rules shall be commenced within one (1) year from the date of breach,
without regard to the date the breach was discovered. Any action not brought
within that one (1) year time period shall be barred, without regard to any other
limitations period set forth by law or statute.