We are pleased to present to you the CARD APP PRIZESTAKES (the “PrizeStakes”). Why “PrizeStakes,” you ask? In the spirit of fostering the across-the-pond community of FreePrints® users, we have combined the term by which the British commonly know things such as this (i.e., “free prize draw”) with the term by which Americans commonly know them (i.e., “sweepstakes”) to coin a term we hope can be used by all participants.
The PrizeStakes is open only to legal residents of the 50 United States of America or the District of Columbia (the “USA”) and legal citizens of the United Kingdom (the “UK”) (collectively, “Participating Countries”). The PrizeStakes shall only be construed and evaluated according to the laws of the USA and of England and Wales, as those laws respectively apply to residents of the USA and citizens of the UK.
SPONSOR/ADMINISTRATOR: The PrizeStakes is sponsored and administered by PlanetArt LLC, 23801 Calabasas Road, Calabasas, CA 91302, USA and, to the extent required for prize fulfillment, by PlanetArt Ltd., Gateway House, Tollgate, Chandlers Ford, Southampton SO53 3TG, UK (the “Sponsor” or “Administrator,” as the case may be).
ELIGIBILITY: The PrizeStakes is open only to legal residents of the Participating Countries who are at least eighteen (18) years of age at the time of entry who are either (a) existing FreePrints customers in the USA who have placed at least one order as of 11:59:59 p.m. Eastern Time on April 22, 2023 or (b) existing FreePrints customers in the UK who have placed at least one order as of 11:59:59 p.m. GMT on May 31, 2023 (“Eligible Entrants,” or individually an “Eligible Entrant”). The PrizeStakes is not open to the general public. Employees, officers and representatives of Sponsor, Administrator, their advertising/promotion agencies, and their respective affiliated companies (collectively, the “Released Parties”), as well as the immediate family (spouse, parents, siblings, and children; whether biological, adopted, step or in-law) and household members of each such employee, officer or representative, are not eligible. Subject to all federal, state, municipal, provincial, territorial, and local laws and regulations. Void wherever otherwise prohibited or restricted.
AGREEMENT TO OFFICIAL RULES: By participating, those who enter the PrizeStakes agree to abide by and be bound by these Official Rules and the decisions of Sponsor, which are final and binding in all matters relating to the PrizeStakes. Winning the Grand Prize (as defined below) is contingent upon fulfilling all of the following requirements.
HOW TO ENTER: For users in the USA the PrizeStakes begins at 12:00:01 a.m. Eastern Time (“ET”) on April 23, 2023 and ends at 11:59:59 p.m. Eastern Time on May 7, 2023, and for users in the UK the PrizeStakes begins at 12:00:01 a.m. GMT on June 1, 2023 and ends at 11:59:59 p.m. GMT on June 15, 2023 (collectively, the “PrizeStakes Period”). Sponsor’s database clock is the official time-keeping device for the PrizeStakes. Eligible Entrants will receive one (1) PrizeStakes entry for downloading and launching either the Ink Cards app (in the USA) or the FreePrints Cards app (in the UK).
Once entered into the PrizeStakes, an Eligible Entrant shall be deemed an “Entrant” for purposes of these Official Rules.
GENERAL CONDITIONS: If for any reason the operation or administration of the PrizeStakes is impaired or incapable of running as planned for any reason, including but not limited to: (a) infection by computer virus or bugs, (b) tampering or unauthorized intervention; (c) fraud; (d) technical failures or (e) any other causes which corrupt or affect the administration, security, fairness, integrity or proper conduct of the PrizeStakes, Sponsor reserves the right at its sole discretion to disqualify any individual who tampers with the entry process; to cancel, terminate, modify or suspend the PrizeStakes in whole or in part, at any time, without notice; and to award the Grand Prize (defined below) using all non-suspect eligible entries received as of, or after (if applicable), such cancellation, termination, modification or suspension date, or in any manner that is fair and equitable and best conforms to the spirit of these Official Rules. Sponsor reserves the right, in its sole discretion, to disqualify any individual it deems to be (a) tampering or attempting to tamper with the entry process or the operation of the PrizeStakes or (b) acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner.
RELEASE AND LIMITATIONS OF LIABILITY: By participating in the PrizeStakes, Entrants agree to release and hold harmless the Released Parties from and against any claim or cause of action arising out of participation in the PrizeStakes or receipt or use of any prize, including, but not limited to: (a) any technical errors that may prevent an Eligible Entrant from submitting an entry; (b) unauthorized human intervention in the PrizeStakes; (c) printing errors; (d) errors in the administration of the PrizeStakes or the processing of entries; or (e) injury, death, or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the PrizeStakes or receipt of any prize. Released Parties assume no responsibility for any error, omission, inter¬ruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. Released Parties are not responsible for any problems or technical malfunction of any telephone network or telephone lines, computer online systems, servers, or providers, computer equipment, software, failure of any email or entry to be received by Sponsor on account of technical problems, human error or traffic congestion on the Internet or at any website or in any Eligible App, or any combination thereof, including any injury or damage to Entrant’s or any other person’s computer or device relating to or resulting from participation in the PrizeStakes or downloading any materials in the PrizeStakes. Entrant further agrees that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the PrizeStakes, and in no event shall the Released Parties be liable for attorney’s fees. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
DRAWING AND NOTIFICATION: One (1) Prize drawing will be conducted from among all eligible entries by Administrator, whose decisions are final and binding. The drawing will be conducted on or about June 25, 2023. Odds of winning the Grand Prize will depend on the total number of eligible entries received throughout the PrizeStakes Period. The potential Grand Prize Winner (as defined below) will be notified by Sponsor or Administrator at the email address in Entrant’s existing FreePrints customer profile (“Winner Notification”). Attached to the Winner Notification will be an Affidavit of Eligibility and Liability/Publicity Release for Winners in the USA or a Confirmation of Eligibility Form and Liability/Publicity Release for Winners in the UK (the “Prize Claim Forms”).
GRAND PRIZE & PRIZE CONDITIONS: There will be one (1) Grand Prize awarded following the PrizeStakes Period. The winner of the Grand Prize (“Winner”), upon confirmation of eligibility, will receive a prize check for $1,000 U.S. dollars if Winner is a resident of the USA or £1,000 Pounds Sterling if Winner is a resident of the UK (“Grand Prize” or “Prize”). Substitution, assignment or transfer of the Prize is NOT permitted. Total value of all prizes available to be awarded in the PrizeStakes is either $1,000 U.S. Dollars for a Winner in the USA or £1,000 Pounds Sterling for a Winner in the UK.
By accepting the Grand Prize, the Winner agrees to release and hold harmless the Released Parties, each of their related companies, and each of their respective officers, directors, employees, shareholders and agents from and against any claim or cause of action arising out of participation in the PrizeStakes or receipt or use of the Grand Prize. The potential Grand Prize Winner must sign and return to Administrator, within three (3) days of the date of notice or attempted notice is sent, the appropriate Prize Claim Forms for the jurisdiction in which the winner is a legal resident in order to claim the Prize. Note: The Affidavit sent to a potential Winner in the USA will require that the Winner provide their Social Security Number to Administrator, which will be used solely for tax reporting purposes, as may be required. The Grand Prize Winner will be responsible for all local, state and federal taxes associated with the receipt of the Prize. A Grand Prize Winner in the USA must note that the value of the Prize is taxable as income, and, if required by law, an IRS Form 1099 will be filed in the name of the Winner for the value of the Prize (applicable to a Winner in the USA only). The Winner is solely responsible for all matters relating to the prize after it is awarded. If a Prize or Winner Notification is returned as unclaimed or undeliverable to a potential Winner, if a potential Winner cannot be reached or does not comply with notification instructions contained in the Winner Notification within three (3) business days of the send date of the Winner Notification, if a potential Winner fails to return the completed and signed required Prize Claim Forms within the specified time period, or if a potential Winner is not in compliance with these Official Rules, then such person shall be disqualified and, at Sponsor’s sole discretion, an alternate Winner may be selected from remaining eligible entries received.
By accepting the Grand Prize, where permitted by law, the Winner grants to the Released Parties and those acting pursuant to the authority of Sponsor and the Released Parties (which grant will be confirmed in writing upon Sponsor’s request), the right to print, publish, broadcast and use worldwide IN ALL MEDIA without limitation at any time the Winner’s name (in whole or part), picture (to be provided by Winner in a form reasonably acceptable to Sponsor), likeness and/or biographical information for advertising, trade and promotional purposes without further payment or additional consideration, and without review, approval or notification. IN NO EVENT WILL RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND (INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES) ARISING OUT OF PARTICIPATION IN THIS SWEEPSTAKES OR THE ACCEPTANCE, POSSESSION, USE, OR MISUSE OF, OR ANY HARM RESULTING FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF THE PRIZE. By participating, Entrants release and agree to hold harmless the Released Parties from any and all liability for any losses or damages to property AS WELL AS CLAIMS/ACTIONS BASED ON PUBLICITY RIGHTS, DEFAMATION, AND/OR INVASION OF PRIVACY that may arise from participating in the PrizeStakes or its related activities or the acceptance, possession, use or misuse of the Prize. Entrants in the USA also release and agree to hold harmless the Released Parties from and against any and all liability for any injuries, death, losses or damages to persons arising out of participation in the PrizeStakes, including the acceptance, possession, use or misuse of the Prize. The Winner also acknowledges that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to the Prize.
DISPUTES IN THE USA: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of Entrants, Administrator, and Sponsor in connection with the PrizeStakes in the USA shall be governed by and construed in accordance with the laws of California, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s or jurisdiction’s laws. By participating in the PrizeStakes, Entrants in the uSA agree that: (i) any and all disputes, claims, and causes of action arising out of or in connection with the PrizeStakes, shall be resolved individually without resort to any form of class action; (ii) any judicial proceeding shall take place in a federal or state court in Los Angeles County, California; (iii) any and all claims, judgments , and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the PrizeStakes, but in no event will attorneys’ fees be awarded or recoverable; (iv) under no circumstances will Entrants in the USA be permitted to obtain awards for, and Entrants in the USA hereby waive all rights to seek, punitive, incidental, exemplary, consequential, special damages, lost profits, other damages, and/or any rights to have damages multiplied or otherwise increased; and (v) Remedies of Entrants in the USA are limited to a claim for money damages (if any), and they waive any right to seek injunctive or equitable relief.
DISPUTES IN THE UK: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of Entrants, Administrator, and Sponsor in connection with the PrizeStakes in the U. shall be governed by and construed in accordance with the laws of England and Wales and subject to the jurisdiction of the Courts of England and Wales. Nothing in this contract shall seek to limit or exclude liability for death or personal injury caused by negligence, or liability for fraud.
SEVERABILITY: The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. If any provision of the Official Rules is determined to be invalid or otherwise unenforceable, the other provisions will remain in effect and will be construed as if the invalid or unenforceable provision were not contained herein.
MISCELLANEOUS: These Official Rules contain the full and complete understanding with respect to the PrizeStakes 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 both Sponsor and Administrator. The waiver by Sponsor or Administrator of any provision of these Official Rules shall not constitute a waiver of any other provision herein. The rights and obligations hereunder 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, Administrator, and Entrant.
WINNERS LIST REQUEST: To request confirmation of the name, city, state (if applicable) and country of residence of the Winner, please send a self-addressed, stamped business size envelope, by July 15, 2023, to: ASC/ICFC PrizeStakes Winners List Request, 23801 Calabasas Rd, Suite 2005, Calabasas, CA 91302, USA.