The Oak Avenue Media LLC Official Sweepstakes
Rules and Legal Disclaimer
Introduction
By entering into the Oak Avenue Media LLC Activity Room Accountability Sweepstakes (the “Sweepstakes”), participant (“Participant”) agrees to abide by these Official Sweepstakes Rules and Legal Disclaimer and the decisions of Oak Avenue Media LLC (“Promoter”), such decisions which are final and binding in all respects.
No purchase necessary to enter or win. Purchase of Promoter’s products or services does not enhance chances of winning.
Eligibility
The Sweepstakes is open solely to legal residents of the fifty (50) United States and the District of Columbia, except Rhode Island, who are 18 years of age or older at the time of entry. Employees, officers, directors, or agents of Promoter or any of Promoter’s partners, related companies, agencies, or agents, as well as the immediate family (defined as spouse, parents, siblings, children, and grandparents) and same household members of any such employee, officer, director, or agent, are not eligible to participate. All applicable federal, state, and local laws and regulations apply. Void where prohibited or restricted by law.
How to Enter
No purchase necessary to enter or win. A purchase will not improve your chance of winning. There is no cost affiliated with any method of entry. Participants must fill out a form found at https://room.handsonaswegrow.com/member-series/. Starting on January 25, 2021, Participant and Participant’s three (3) team members must complete five (5) activities (the “Activities’) with their children each week through April 18, 2021 (the “Term”). If Participant cannot form a team comprised of a total of four (4) members (not including individuals under the age of 18) (the “Team”), Promoter will form a Team for Participant. Each Team shall designate a Team leader. The Activities will be made available to Participants Monday- Friday of each week during the Term via email. Each week during the Term, each Participant of a Team shall complete the week’s Activities and track its completion on Promoter’s activity tracker (the “Tracker”) found at https://room.handsonaswegrow.com/member-series/. The leader of each Team must submit a picture of the Tracker indicating completion of all Activities by all Participants on the Team, each week of the Term on each Tuesday by 12AM Central Time (each a “Weekly Submission” and collectively the “Weekly Submissions”).
If Participant is a Team leader and a member of Promoter’s activity room (the “Activity Room”), Participant shall submit each Weekly Submission via the Activity Room Facebook Group and Participants who are Team leaders but not members of the Activity Room shall submit each Weekly Submission via email to [email protected]. Submission of all Weekly Submissions will entitle the Team to one (1) entry for the Sweepstakes. If a Team fails to provide any Weekly Submission during the Term, the Team will not receive an entry in the Sweepstakes. Participant must fill in all required information in the Weekly Submissions or otherwise to qualify for the Sweepstakes. Promoter will not consider incorrect, fraudulent, incomplete, late, or otherwise non-conforming Weekly Submissions or entries or Weekly Submissions that are intended to annoy, abuse, threaten, or harass any person or entity in any way. It is solely within Promoter’s discretion whether to accept a Weekly Submission.
Limit of one (1) entry per Team; Participants may only join one (1) Team, multiple entries by a Team or any one individual are void. Weekly Submissions generated by robotic, macro, script, or other automated means are void. Any Participant or Team using fraudulent means to participate in the Sweepstakes will be disqualified and may be guilty of violating applicable criminal laws.
By entering, Participant understands that Participant’s entry may be posted online, in Promoter’s sole discretion, to be viewed by members of the general public. Participant may not copy or otherwise plagiarize any portion of the entry from any source. Entries must not (1) disparage Promoter or any other person or party; (2) contain material that is inappropriate, indecent, lewd, obscene, hateful, tortious, defamatory, slanderous or libelous (as determined by Promoter and at Promoter’s sole discretion); (3) contain or use material that violates another person’s rights of privacy or promotes racism, hatred or harm against any group or individual, or promotes discrimination based on race, gender, ethnicity, nationality, religion, disability, sexual orientation, political orientation, citizenship, marital status or age (as determined by Promoter and at Promoter’s sole discretion; and (4) contain any viruses, spyware or malware that are designed to harm the functionality of a computer.
Entry materials that have been tampered with or altered are void. If in the Promoter’s opinion there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Sweepstakes, or if computer virus, bugs, unauthorized intervention, fraud, or technical difficulties or failures compromise or corrupt or affect the administration, integrity, security, fairness, or proper conduct of the Sweepstakes, the Promoter reserves the right at its sole discretion to disqualify any individual who tampers with the entry process and void any entries submitted fraudulently, to modify, suspend, or terminate the Sweepstakes, or to conduct a random drawing to award the prizes using all eligible, non-suspect entries received as of the termination date. CAUTION: ANY ATTEMPT TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, PROMOTER RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY’S FEES) FROM YOU TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
All Weekly Submissions, once provided, are Promoter’s sole and exclusive property. Eligibility is at the exclusive discretion of Promoter, and Promoter shall be entitled to reject any Participant or Team for any reason or no reason at all without having to provide an explanation. Promoter reserves the right, in its sole discretion, to cancel, suspend, or terminate the Sweepstakes for any reason and without prior notice to any Participant. In such instance, Promoter may, if and as appropriate, select a winner using reasonable means that are materially consistent with the Sweepstakes.
Provision of Materials and Information/Intellectual Property
By entering into the Sweepstakes, Participant represents and warrants as follows: (1) that it fully owns or has properly licensed whatever materials or information it submits hereunder in connection with the Sweepstakes and can make such submissions without violating any applicable law, agreement with any third-party, and/or third-party right of any kind (including without limitation any intellectual property, data protection, privacy, or publicity right); and (2) that any and all materials or information provided by it hereunder shall be true and correct in all respects. Furthermore, without limitation on anything set forth herein to the contrary, Promoter shall have the irrevocable, transferable, and fully sublicensable right and license (but not the obligation) to exploit any and all such materials or information in any manner it so elects to promote the Sweepstakes, its business, brand, products, and/or services, throughout the world in perpetuity, and in any and all media, now or hereafter known.
Random Drawing; Prizes; Notifying Prize Winners
The prize is a cash payment of $250 USD per Team Member (the “Prize”).
A random drawing will be conducted on or about April 20th, 2021 by Promoter to select a winning Team (each member of such Team hereby referred to as a “Winner”) from among all eligible entries received. Odds of winning depend on the number of entries received.
The potential Winner will be notified by email and must sign and return Promoter’s Affidavit of Eligibility and Release within three (3) days’ following the effective date of Promoter’s prize notification (the “Notification”). Failure to respond within the applicable time period will result in forfeiture of the prize and Promoter shall have the option to award the Prize to an alternate Team. The return of the Notification or Prize as undeliverable may also result in disqualification and an alternate Winner may be selected. Promoter is not responsible for digital communications that are undeliverable as a result of any filtering of any kind, insufficient space in a Participant’s account, or any other failure beyond its reasonable control.
In the event of a dispute with respect to entries received from more than one user having the same e-mail address/account, the authorized subscriber of the account in question at the time of entry will be deemed the proper entrant. A potential Winner will also forfeit his or her Prize if he or she is disqualified as not eligible to have participated in the Sweepstakes in the first instance.
The Winner must show a government-issued photo identification to claim his or her Prize. All federal, state, and local income taxes resulting from acceptance of the Prize are the responsibility of Winner. Promoter reserves the right to substitute an alternate Prize of comparable or equal value in its sole discretion. Acceptance of the Prize also constitutes permission to Promoter to use the Winner’s name, likeness, and biographical information for marketing purposes (including posting the information on its website) without further compensation or right of approval, unless prohibited by law.
Subject to applicable law, the Prize is offered “as is” without any express or implied warranty of any kind or nature, including without limitation, any warranty respecting condition, merchantability, quality, title, or fitness for a particular purpose. Promoter will not replace any lost or stolen prize items. Prize will only be awarded and/or delivered to addresses within the United States.
Publicity
Subject to applicable law, entrance in the Sweepstakes constitutes Participant’s consent to Promoter and Promoter’s affiliates and agents to use his or her name, voice, likeness, opinions, and biographical information for marketing, advertising, and publicity purposes in any media throughout the world at any time without the obligation to seek consent or to provide Participant with any payment or other form of consideration. Participant agrees to execute any document reasonably required by Promoter to effectuate the terms hereof and failure to do so shall give rise to Promoter’s right to execute any and all such documents as Participant’s attorney-in-fact, which right shall be coupled with an interest and therefore, irrevocable.
Release
Subject to applicable law, by entering into a Sweepstakes and potentially receiving a Prize, each Participant agrees to release, discharge, and hold harmless Promoter, along with Promoter’s employees, officers, directors, affiliates, partners, agents and assigns, from and against any claim, cause of action, demand, or proceeding (each, a “Claim”), and any resultant loss, injury (including death), cost, expense, fee, fine, penalty, or other loss or expense of any kind, including attorneys’ fees (each, a “Loss”), relating to or arising directly or indirectly out of his or her participation in a Sweepstakes (or related activity such as a press release), and/or Promoter’s right to exploit Participant’s name and/or likeness or fully exploit any other right granted to it hereunder, and/or from Participant’s receipt, use, or misuse of any Prize, no matter how such Claim or Loss arises (including without limitation, if arising out of any damage to a Participant’s computer system from downloading or using material from Promoter’s, or an affiliate of Promoter’s, website).
Limitation of Liability
IN NO EVENT WILL PROMOTER, AND/OR PROMOTER’S PARENT, SUBSIDIARY, LICENSEES, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, ASSIGNS, AFFILIATES, OR RELATED COMPANIES (COLLECTIVELY WITH PROMOTER, THE “PROMOTER PARTIES”), BE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS) ARISING OUT OF ANY PARTICIPANT’S PARTICIPATION IN THE SWEEPSTAKES, THESE OFFICIAL RULES, AND/OR ANY PARTICIPANT’S RECEIPT, USE, OR MISUSE OF A PRIZE, NO MATTER UNDER WHAT THEORY ARISING, EVEN IF ANY PROMOTER PARTY HAS BEEN ADVISED OF THE POSSIBLY OF SUCH DAMAGES. PROMOTER PARTIES’ ENTIRE LIABILITY WITH RESPECT TO: ANY PARTICIPANT’S PARTICIPATION IN THE SWEEPSTAKES, THESE OFFICIAL RULES, AND/OR ANY PARTICIPANT’S RECEIPT OF A PRIZE SHALL BE LIMITED TO $250. SOME JURISDICTIONS MAY NOT ALLOW THE AFOREMENTIONED LIMITATIONS OR EXCLUSIONS OF LIABILITY AND AS SUCH, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
You further understand and agree that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived. You acknowledge that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.
Use of Collected Materials and Information
Promoter will be collecting, storing, and exploiting personal data about Participants to administer the Sweepstakes and exercise its rights hereunder, including without limitation, those relating to marketing and publicity. By entering into the Sweepstakes, Participants agree to Promoter’s collection and use of their personal information. Promoter will not disclose any Participant’s personal information to any non-affiliated third party. For more information on Promoter’s handling of personal information, see Promoter’s Privacy Policy, a copy of which can be found at the following link: https://handsonaswegrow.com/privacy-policy/
Dispute Resolution
The parties hereto acknowledge and agree as follows: (1) that all disputes, causes of action, and claims connected to or arising in any way hereunder between the parties shall be resolved solely on an individual basis (i.e., class actions suits are hereby waived by the parties), and exclusively by the state or federal courts situated in Clayton County, Iowa; (2) that the laws of the state of Iowa shall govern, without regard to its conflict of laws principles; and (3) that the parties hereto waive any right to a trial by jury.
Winner’s List
For a list of all Winners, send a self-addressed, stamped envelope to 113 Oak Avenue NW, Elkader, Iowa 52043 on or after April 20, 2021 with your request.
Promoter
Promoter is Oak Avenue Media LLC with an address of 113 Oak Avenue NW, Elkader, Iowa 52043.
