WHAT DO YOU CALL YOU PHONE SWEEPSTAKES
Important: Please read these Official Rules before entering this Promotion (the “Promotion”).
By participating in the Promotion, you agree to be bound by these Official Rules and represent that you satisfy all of the eligibility requirements below.
NO PURCHASE, SALE, OR TRADE IN IS NECESSARY TO ENTER OR WIN THIS PROMOTION.
1. Eligibility. PURCHASE WILL NOT INCREASE ODDS OF WINNING. THIS PROMOTION IS VOID WHERE PROHIBITED. PROMOTION OPEN ONLY TO U.S. RESIDENTS WHO ARE OVER THE AGE OF 18 (OR THE AGE OF MAJORITY UNDER APPLICABLE LAW, WHICHEVER IS OLDER). IF YOU DO NOT MEET ANY OF THESE REQUIREMENTS, OR ANY OTHER ELIGIBILITY REQUIREMENTS IN THESE OFFICIAL RULES, YOU ARE NOT ELIGIBLE TO WIN A PRIZE, AND ECOATM, LLC (d/b/a Gazelle) (“SPONSOR”) RESERVES THE RIGHT NOT TO AWARD PRIZES TO YOU. To be eligible to win a prize, entries must be completed and received by Sponsor in the manner and format designated below. Directors, officers and employees of Sponsor and any of their respective parent companies, affiliate companies, subsidiaries, agents, professional advisors, advertising and promotional agencies, and immediate families of each are not eligible to win any prizes. All applicable federal, state and local laws and regulations apply.
2. Disclaimer. Sponsor, all participating sponsors and any of their respective parent companies, subsidiaries, affiliates, directors, officers, professional advisors, employees and agencies (collectively, the “Released Parties”) will not be responsible for: (a) any late, lost, misrouted, garbled or distorted or damaged transmissions or entries; (b) telephone, electronic, hardware, software, network, Internet, or other computer- or communications-related malfunctions or failures; (c) any Promotion disruptions, injuries, losses or damages caused by events beyond the control of Sponsor or by non-authorized human intervention; or (d) any printing or typographical errors in any materials associated with the Promotion.
3. Promotion Period. The Promotion starts at 12:01 AM (all times Pacific Time) on September 27, 2017 and ends at 11:59 PM on October 27, 2017 (the “Promotion Period”). The Promotion Period consists of one (1) prize. All entries must be received before or during the applicable Promotion Period to be eligible to win a prize.
4. Prize. One (1) Winner will receive one (1) unlocked black iPhone®7 32GB cell phone from gazelle.com. Approximate Retail Value (“ARV”) of each prize is: $498.
5. Odds; Taxes; Etc. Odds of winning a prize depend on number of eligible entries received. ALL FEDERAL, STATE AND LOCAL TAXES ASSOCIATED WITH THE RECEIPT OR USE OF ANY PRIZES ARE THE SOLE RESPONSIBILITY OF THE WINNER. All prizes will be awarded. Prizes returned as undeliverable or otherwise not claimed within 5 days after delivery of notification will be forfeited and awarded to an alternate winner. Prizes are not transferable. No substitutions or exchanges (including for cash) of any prizes will be permitted, except that Sponsor reserves the right to substitute a prize of comparable or greater value for any prize. Limit one winner per household or address. All prizes are awarded “AS IS” and WITHOUT WARRANTY OF ANY KIND, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose). Winner is solely responsible for all travel and accommodations to attend the game.
6. Identity of Entrant. In the event of a dispute about the identity of the entrant, entries made online will be declared made by the authorized account holder of the e-mail address submitted at time of entry. An authorized account holder is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. The potential winner may be required to provide Sponsor with proof that the potential winner is the authorized account holder of the e-mail address associated with the winning entry.
7. How to Enter. Limit one (1) entry per person regardless of method of entry.
Standard Method of Entry: To enter into the Promotion, during the Promotion Period, visit our Facebook www.facebook.com/Gazelle.com, like our Facebook page and leave a reaction or comment on our post, “What Do You Call Your Phone?” and you will receive one (1) entry into the Promotion. Limit one (1) entry per person
Free Alternative Method of Entry: Alternatively, you may enter into the Promotion without engaging in any of the Standard or Incentivized Methods of Entry by mailing a 3×5 postcard with your name, email address, telephone number and the words “What Do You Call Your Phone Sweepstakes” to ecoATM: What Do You Call Your Phone Sweepstakes, 10121 Barnes Canyon Road, San Diego, CA 92121. You will receive one (1) entry. Limit one (1) entry per person. The postcard must be postmarked by the last day of the Promotion Period and received within five (5) days after the end of the Promotion Period to be eligible. The entries will be eligible for the Prizes after the date the postcard is received.
For All Entry Methods: All requested information must be provided for your entry to be valid. Entries become the exclusive property of Sponsor and will not be acknowledged or returned. All entrants and entries are subject to verification by Sponsor (in Sponsor’s sole discretion).
8. Promotion Rules. Prize winners will be determined by a random drawing from all eligible entries to be held at the headquarters of ecoATM, LLC, at 10121 Barnes Canyon Rd, San Diego, CA 92121 within approximately seven (7) days after the Promotion Period ends.
The potential winners will be notified by phone and/or e-mail within approximately seven (7) days after the end of the Promotion Period. To claim a prize, each potential winner should follow the instructions contained in his/her notification.
9. General Release. By entering the Promotion, you release Sponsor, all Released Parties Facebook Inc., Instagram, LLC, from any liability whatsoever, and waive any and all causes of action, related to any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with the Promotion or delivery, misdelivery, acceptance, possession, use of or inability to use any prize (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light, whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty or other theory.
10. Use of Winner’s Name, Likeness, etc. Except where prohibited by law, entry into the Promotion constitutes permission to use each winner’s name, hometown, likeness, persona, and/or prize information, without limitation, including in a public facing winner list, for promotional purposes without further permission or compensation. As a condition of being awarded any prize, except where prohibited by law, winners may be required to execute a consent to the use of their name, hometown, likeness, persona, and/or prize information, without limitation, including in a public facing winner list, for promotional purposes without further permission or compensation.
11. Affidavit & Release. As a condition of being awarded any prize, winners may (in Sponsor’s sole discretion) be required to execute and deliver to Sponsor a signed affidavit of eligibility and acceptance of these Official Rules and release of liability, and any other legal, regulatory, or tax-related documents required by Sponsor in its sole discretion.
12. Winner List; Rules Request. For a copy of the winner list, send a stamped, self-addressed, business-size envelope after Nov 6, 2017 and before Dec 6, 2017 to Sponsor at the address listed below, Attn: What Do You Call Your Phone Sweepstakes Winners List or send an email to firstname.lastname@example.org. To obtain a copy of these Official Rules, visit www.gazelle.com/thehorn/2017/08/23/get-paid-trade-sweepstakes-terms-conditions or send a stamped, self-addressed business-size envelope to Sponsor at the address listed below, Attn: What Do You Call Your Phone Sweepstakes Rules Request. Residents of VT may omit return postage.
13. Intellectual Property Notice. ECOATM and GAZELLE are all trademarks of ecoATM, LLC. The Promotion and all accompanying materials are copyright © 2017 by ecoATM, LLC. All rights reserved. iPhone is a registered trademark of Apple, Inc.
14. No Facebook Instagram Twitter or Apple Endorsement. This Promotion is in no way sponsored, endorsed or administered by, or associated with Facebook, Inc., Instagram, LLC. You understand that by participating, you are providing your information to Sponsor, not to Facebook, Inc. or Instagram, LLC. You understand that by using and interacting with www.facebook.com, www.instagram.com you are subject to the terms, conditions, and policies that govern the use of www.facebook.com, www.instagram.com. You should therefore review the applicable terms and policies for www.facebook.com, www.instagram.com including privacy and data gathering practices, before using or interacting with Facebook, Instagram, or the Promotion. This Promotion is in no way sponsored, endorsed or administered by, or associated with Apple, Inc.
15. Governing Law; Arbitration. PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES INDIVIDUALLY AND PREVENTS YOU FROM SUING IN COURT OR HAVING A JURY TRIAL. Any dispute, claim, or controversy arising out of or related to the Promotion or these Official Rules and the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the determination of the scope or applicability of this agreement to arbitrate, will be determined by arbitration. The state or federal courts in San Diego County, California, will have exclusive jurisdiction over any suit not subject to arbitration. You and ecoATM will (a) notify each other of any dispute within 30 days of when it arises and (b) attempt informal resolution prior to any demand for arbitration. Arbitration will be administered by JAMS (or its successor) pursuant to its Streamlined Arbitration Rules and Procedures, and conducted by a single arbitrator in San Diego, California, unless the arbitrator determines differently. Except as expressly provided herein, the arbitrator has the authority to grant any remedy that would otherwise be available in court. The parties will implement the JAMS Optional Arbitration Appeal Procedure with respect to any final award. The Promotion and these Official Rules, including any disputes hereunder, will be governed, construed and interpreted under the laws of the State of California, U.S.A., without giving effect to any conflict of laws principles. Whether the dispute is heard in arbitration or in court, you and ecoATM will not commence against the other a class action, class arbitration, or other representative action or proceeding.
16. Miscellaneous. Entrants agree to be bound by these Official Rules and by the decisions of Sponsor, which are final and binding in all respects. Sponsor reserves the right to change these Official Rules at any time, in its sole discretion, and to suspend or cancel the Promotion or any entrant’s participation in the Promotion should viruses, bugs, unauthorized human intervention or other causes beyond Sponsor’s control affect the administration, security or proper play of the Promotion, or Sponsor otherwise becomes (as determined in its sole discretion) incapable of running the Promotion as planned. ecoATM reserves the right to delete and disqualify from the Promotion any comment and/or entrant who leaves an obscene or inappropriate comment on social media. ecoATM will determine, in its sole discretion, what is obscene or inappropriate. In the event that Sponsor suspends or cancels the Promotion for any of these reasons, Sponsor may award prizes in a random drawing from all eligible entries received up to the date of cancellation or suspension. Entrants who violate these Official Rules, violate any law, rule or regulation in connection with participation in the Promotion, tamper with the operation of the Promotion or engage in any conduct that is detrimental or unfair to Sponsor, the Promotion or any other entrant (in each case as determined in Sponsor’s sole discretion) are subject to disqualification from entry into the Promotion. Sponsor reserves the right to lock out persons whose eligibility is in question or who have been disqualified or are otherwise ineligible to enter the Promotion. Any provision of these Official Rules deemed unenforceable will be enforced to the extent permissible, and the remainder of these Official Rules will remain in effect. If you have any questions about these Official Rules or the Promotion, please e-mail them to email@example.com or send written questions to the address listed below, Attn: What Do You Call Your Phone Sweepstakes Questions.
17. Sponsor: ecoATM, LLC. (d/b/a Gazelle), 10121 Barnes Canyon Road, San Diego, CA 92121.