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Groupon’s Honeymoon Re-Do Photo Contest
Official Rules
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS CONTEST. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
THIS IS A SKILL-BASED CONTEST. VOID WHERE PROHIBITED BY LAW. AFFIDAVIT OF ELIGIBILITY / RELEASE OF LIABILITY. ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT. SPONSOR OBTAINS RIGHTS FROM ENTRANTS TO POST AND USE ANY AND ALL CONTENT SUBMITTED AS PART OF THE CONTEST. ONLINE ENTRY ONLY AND INTERNET CONNECTION, FACEBOOK ACCOUNT AND GROUPON ACCOUNT REQUIRED.
THIS CONTEST IS IN NO WAY SPONSORED, ENDORSED, ADMINISTERED BY, OR ASSOCIATED WITH, FACEBOOK, INC. (“FACEBOOK”) INSTAGRAM, LLC, (“INSTAGRAM”), TWITTER, INC. (“TWITTER”) OR OFFERPOP CORPORATION (“OFFERPOP”).
BY ENTERING (OR OTHERWISE PARTICIPATING IN) THE CONTEST, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE CONTEST ENTITIES FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
Eligibility. Groupon’s Honeymoon Re-Do Photo Contest (the “Contest”) is open only to individuals (not groups) who are legal residents and physically located in one (1) of the fifty (50) states in the United States or the District of Columbia and at least eighteen (18) years of age or older at the time of entry. Employees, officers and directors of Groupon, Inc. (“Sponsor”, “us” or “we”), its parent, and each of their respective affiliates, subsidiaries, advertising and promotion agencies, distributors and other prize suppliers (collectively, the “Contest Entities”), and each of such employees’, officers’ and directors’ immediate family members and/or those living in the same household (whether legally related or not) of each are not eligible to enter the Contest or win a prize. For purposes of this Contest, immediate family members are defined as spouse, partner, parents, legal guardians, in-laws, grandparents, siblings, children and grandchildren and those living in the same household shall mean people who share the same residence at least three (3) months a year, whether legally related or not. Void where prohibited by law. By entering or participating in the Contest, entrants agree to be bound by these “Official Rules” and the decisions of the Judges (defined below) and/or Sponsor, which are binding and final on matters relating to this Contest, including, without limitation, interpretation of the Official Rules.
Contest Period. The Contest begins on or about 12:00 a.m. Central Time (“CT”) on October 15, 2014 and all entries must be received by the Sponsor on or before 11:59 p.m. CT on October 29, 2014 (the “Contest Period”).
How to Enter. To participate and enter this Contest, individuals must first visit http://groupon.com/pages/honeymoon-redo (the “Contest Website”) and complete the official entry form, which may request, among other things, his/her full name, home address (no P.O. Boxes), email address associated with his/her Groupon account, and related registration information as prompted. Thereafter, individuals must post a photograph of their honeymoon in one of the following ways (each a “Photo”): (1) directly uploading a photo onto the Contest Website; (2) uploading a photo onto the Contest Website by selecting the Facebook upload option; (3) tweeting a photo on their Twitter account with the hashtag #honeymoonredo; or (4) posting a photo on their Instagram account with the hashtag # honeymoonredo. All Submissions must include an explanation of why they deserve a second honeymoon (the “Story”, together with the Photo the “Submission”). If a Photo was entered via Twitter or Instagram, the individual must visit the Contest Website to claim and confirm the Photo and will have the ability to add the Story at that time. For the purpose of this Contest, a Submission is a photo that follows the technical, creative, and legal requirements disclosed on the Contest Website and elsewhere in these Official Rules, including, without limitation, the Content Guidelines (defined below). Entrant must complete and submit the entry form with all required information for the entry to be eligible.
If you do not already have a Facebook, Twitter, or Instagram account (herein referred to as a “Social Media Account”), visit the social media website’s webpage (the “Social Media Website”) to create a Social Media Account; creating a Social Media Account is usually free. By submitting your information and creating a Social Media Account, you likely will be required to agree to the Social Media Website’s terms of service and privacy notice. If you do not agree to the Social Media Website’s terms of service and privacy notice, you likely cannot create a Social Media Account, but you will still be able to participate in this Contest by directly submitting your photo on the Contest Website. Additionally, entrants cannot have their personal account on the Social Media Website used for purposes of entering this Contest on a private setting so Sponsor cannot find or view entrant’s Submission. Any failure of Sponsor to find an entrant’s Submission may disqualify entrant in Sponsor’s sole and absolute discretion.
Limit of one (1) entry per person per day. A Submission may, in Sponsor’s sole and absolute discretion, be rejected if it fails to follow the technical, creative, and legal requirements disclosed on the Contest Website, Application and elsewhere in these Official Rules. All eligible Submissions to the Contest accompanied by a fully completed entry form will be an entry in the Contest. For purposes of this Contest, an online entry is “received” when the Application’s servers record the entry information and submission. Proof of sending (such as an automated computer receipt confirming entry or “thanks for entering” message) does not constitute proof of actual receipt of an entry for purposes of this Contest. The database clock of Sponsor’s Application will be the official timekeeper for the Contest. Those who do not follow all of the instructions, provide the required information in their entry form, or abide by these Official Rules or other instructions of Sponsor may be disqualified at Sponsor’s sole and absolute discretion. All entries that are late, illegible, incomplete, damaged, destroyed, forged or otherwise not in compliance with the Official Rules may be disqualified from the Contest at Sponsor’s sole and absolute discretion. Sponsor may run multiple campaigns, contests, Contest or other promotions simultaneously. Entry into one (1) campaign, contest or Contest does not constitute entry into any other. Entries generated by script, macro or other automated means and entries by any means which subvert the entry process are void. All entries become the physical property of Sponsor and will not be acknowledged or returned. Assurance of delivery of entries is the sole responsibility of the entrant.
In the event of a dispute as to the identity of any entrant who submits an entry, the entry will be deemed submitted by the holder of the email or other account (e.g., Facebook) from which it was sent but only if such person is otherwise eligible. The “account holder” is the person assigned an email address or username by the entity responsible for assigning it (e.g., Yahoo). Winners (defined below) may be required to show proof of being the registered account holder. If a dispute cannot be resolved to the Sponsor’s satisfaction, the entry will be deemed ineligible. Sponsor and affiliated entities are not responsible for lost, misdirected, misplaced, stolen, tampered with, deleted, or invalid entries.
•Submissions must comply with these Official Rules and any Terms of Use posted on the Contest Website, Application and meet all specifications or requirements called for on the Contest Website, Application and other advertising for the Contest.
•During the Contest Period, Submissions cannot be displayed or distributed except by us and you must maintain all rights, without third party obligations, to transfer your Submission to us if you are selected as a Winner.
•Each Submission, in its entirety, must be a single work of original material created by the entrant, or for which entrant has all rights required to comply with these Official Rules, and suitable for presentation in a public forum.
•Submissions must not have been submitted previously in any contest of any kind or exhibited or displayed publicly (i.e., disclosed beyond your immediate circle of friends and family) through any means previously.
•Submissions must include only materials created by the entrant, or for which entrant has all rights required to comply with these Official Rules, and must not infringe on the intellectual property rights of any other person or entity. Sponsor does not permit the infringement of others’ rights and any use of materials that infringe third party rights is grounds for disqualification from the Contest and may subject you to liability. Do not include materials, images, graphics or trademarks belonging to any third parties or incorporate the names, likeness or personas of any party other than yourself (including, but not limited to, children under the age of 18) unless you have obtained all rights necessary to permit you to use same in connection with your Submission and grant the rights herein granted to Sponsor. Entries that contain brand names, trademarks or company logos are subject to disqualification.
•Submissions must not include material that: (a) is sexually explicit, indecent, obscene, violent, hateful, tortuous, defamatory, slanderous or libelous, (b) is derogatory or promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, (c) invades the privacy or publicity rights of any person, living or deceased, (d) is unlawful, (e) is harmful to other users of the Contest Website and Application such as viruses, Trojan horses or other technologies that could adversely impact the Contest, and/or (f) is disparaging to Sponsor or is inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate (at Sponsor’s sole and absolute discretion).
•Submissions should not reveal any personal information about another individual, including another person’s address, phone number, email address, credit card number or any information that may be used to track, contact or impersonate that individual.
•Submissions shall not include any recognizable individuals.
•No background artwork should appear in the Submissions unless it is an original work of the entrant. Any artwork, murals, etc. that can be seen in Submissions must be created solely by the entrant or entrant must be the sole owner of all copyright interests therein.
•Entrants must not submit a Submission that if selected cannot be assigned to Sponsor as contemplated below.
Determining the Winners. Throughout the Entry Period, all entries submitted to the Contest will be posted on the Contest Website to be rated by other users (“Users”) of the Contest Website (the “Public Voting Period”). Users must be thirteen (13) years of age or older and have a Facebook Account to vote. Users will be asked to judge the Submissions based on the Public Voting Criteria (defined below). Users are required to critically evaluate each Submission and vote for their favorite based on: (i) 50% based on the public appeal of the Submission; and (ii) 50% based on the Submission which is most memorable (collectively, the “Public Voting Criteria”).
Each “day” during the Public Voting Period, Users may vote on each Submission using the Public Voting Criteria a maximum of once by visiting the Contest Website. For the purpose of this Contest, a “day” will begin at 12:00 a.m. CT and end at 11:59 p.m. CT. Users can vote by going to the Contest Website and following the instructions to participate in the voting process. Any entrant or other User offering or using, or attempting to use a “cheat,” payment, or other incentive (such as, the offer or acceptance of any benefit, compensation, gift or award in conjunction with voting or not voting for a given entry), or any other means to obtain votes or manipulate the results of the public voting may be disqualified and any votes earned by those means may be void, in Sponsor’s sole discretion. If attempts are made to vote in excess of the stated limits or obtain votes by means other than as specifically set forth in this Section, Sponsor may, in its sole discretion, disqualify any related entrant or votes. Use of any automated, script, software, macro or robotic program or any other automated or improper means to submit or gain votes may result in the disqualification, in the sole discretion of the Sponsor, of the entry to which such votes relate, of the votes themselves, or both. Sponsor shall have the sole discretion to institute policies, protocols and procedures designed to enforce the intent of such restriction.
On or about October 30, 2014, the top ten (10) Submissions that receive the highest valid vote total during the Public Voting Period (the “Top 10 Submissions”) will be submitted to and reviewed by a team of judges assembled by Sponsor (the “Judges”), who will review and judge the Top 10 Submissions based on the following judging criteria (collectively, the “Judging Criteria”):
•40% based on Photo quality; and
•60% based on their explanation of why they deserve a second honeymoon being compelling.
Based on the total score the Judges assign to each Submission using the Judging Criteria, one (1) Submission will be ultimately selected by the Judges and each individual who submitted a selected Submission will be potential “Grand Prize Winner”, subject to confirmation that the potential Grand Prize Winner has met the eligibility requirements and complied with these Official Rules. If there is a tie after the Judges apply the Judging Criteria, Sponsor will bring in a tie breaking Judge to apply the same Judging Criteria to break the tie and determine the Grand Prize Winner.
Random Winners: After the Grand Prize Winner has been selected, on or about October 31, 2014, two (2) Submissions from all eligible Submissions (excluding the Grand Prize Winner) will be randomly chosen to be potential “Random Winners” (collectively with the Grand Prize Winner, the potential “Winners”) subject to confirmation that the potential Random Winners have met the eligibility requirements and complied with these Official Rules. Sponsor will have complete discretion over interpretation of the Official Rules, of administration of the Contest, and of selection of the Winners. Decisions of the Sponsor as to the selection of the Winners will be final.
The potential winner may be required to submit an affidavit of eligibility / release of liability / prize acceptance agreement (collectively, the “Affidavit”) and return the Affidavit within the time period specified at notification before being eligible to receive his or her prize. If any potential prize winner fails to comply with these Official Rules or fails or refuses to sign and return such Affidavit as and when required by Sponsor or if the prize or prize notification is returned as rejected, faulty, unclaimed or returned as undeliverable to such potential prize winner, such potential prize winner may be disqualified and an alternate may be selected in Sponsor’s sole discretion. If any potential prize winner is found to be ineligible, or if he or she has not complied with these Official Rules, or if the potential prize winner cannot attend or participate in any portion of the prize, or declines a prize for any reason prior to award, such potential winner may be disqualified and an alternate potential winner may be selected. If, for any reason, more bona fide winners come forward seeking to claim prizes in excess of the number of each type of prize set forth in these Official Rules, the winners, or remaining winners, as the case may be, of the advertised number of prizes available may be selected in a random drawing from among all persons making purportedly valid claims for such prize. Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances. The Contest Entities are not responsible for and shall not be liable for late, lost, damaged, intercepted, misdirected, or unsuccessful efforts to notify the potential winners, or if potential winner is a minor, for late, lost, misdirected, or unsuccessful efforts of potential winner to provide signed parental or guardian consent.
Notification of Winners. The potential Winners will be notified by email or other method (as selected by Sponsor) a commercially reasonable time after the conclusion of each week during the Contest Period. The Sponsor is not responsible for false, incorrect, changed, incomplete or illegible contact information. Notification is deemed to have occurred immediately upon sending of an email or other electronic message, one (1) day after sending via a delivery service or two (2) days after mailing. A potential prize winner who provides a P.O. Box may be required to provide an alternative address and this may cause a delay in notification and acceptance so use of a P.O. Box is discouraged. If Sponsor is unable to contact a potential Winner or a potential Winner is not in compliance with these Official Rules, the prize will be forfeited and, at Sponsor’s discretion, an alternate winner selected. Parents or legal guardians of a Winner under the age of majority in their state of residence (which is eighteen (18) in most states but is nineteen (19) in Alabama and Nebraska and twenty-one (21) in Mississippi) may be required to sign a prize acceptance document in order for a Winner to be qualified to receive his/her prize.
The potential winners must have an account established with Groupon. If you don’t already have a Groupon account, visit www.groupon.com to create an account; creating an account is free. By submitting your information and creating an account, you will be required to agree to Groupon’s Terms of Use and Privacy Statement. If you do not agree to Groupon’s Terms of Use and Privacy Statement, you cannot create an account or participate in this Contest.
Non-compliance shall result in disqualification and award of the prize to an alternate winner. If any potential Winner is found to be ineligible, or if he or she has not complied with these Official Rules, or declines a prize for any reason prior to award, such potential Winner may be disqualified and an alternate potential winner may be selected. The Sponsor is not responsible for and shall not be liable for late, lost, damaged, intercepted, misdirected, or unsuccessful efforts to notify the potential Winners.
All Groupon Bucks awarded under this Contest will expire twelve (12) months after distribution. Other terms applicable to Groupon Bucks can be found here (click to link) or http://www.groupon.com/terms#groupon-bucks.
Prizes are non-transferable, with no cash redemptions, equivalents or substitutions, except at Sponsor’s sole and absolute discretion. All prize details not specified in these Official Rules will be determined in Sponsor’s sole and absolute discretion. Prize details and availability are subject to change and prize provider’s rules and restrictions, and in the event that Sponsor is unable to provide a Winner with his/her prize, the Sponsor may elect, to provide Winner with the approximate value of such item in cash or award an alternate prize of comparable or greater value. In the event a Winner engages in behavior that (as determined by Sponsor or any prize provider in its or their sole and absolute discretion) is obnoxious, inappropriate, or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to terminate the right to receive a prize. 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). Prize Winners will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the prizes they receive, regardless of whether they, in whole or in part, are used. The ARV of the prizes is based on available information provided to Sponsor and the value of any prize awarded to a Winner may be reported for tax purposes as required by law. The Winners may be required to provide Sponsor with a valid social security number or tax identification number before the prizes will be awarded for tax reporting purposes. An IRS Form 1099 may be issued in the name of Winners, or if a minor in the jurisdiction in which s/he resides, in the name of his/her parent or legal guardian, for the actual value of the prizes received. Unclaimed prizes will be forfeited. The total approximate retail value of all of the prizes awarded in this Contest is: Six Thousand Dollars ($6,000.00) (USD). Prize will only be credited to a Winner’s verified Groupon account, except in Sponsor’s sole and absolute discretion.
General Conditions. Released Parties (as defined below) are not responsible for lost, late, incomplete, inaccurate, stolen, misdirected, undelivered, delayed, garbled or damaged entries; or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Contest, including, without limitation, errors or difficulties which may occur in connection with the administration of the Contest, the processing of entries, the announcement of the prizes or in any Contest-related materials. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by Application users, tampering, hacking, or by any equipment or programming associated with or utilized in the Contest. Released Parties are not responsible for injury or damage to participants’ or to any other person’s computer related to or resulting from participating in this Contest or downloading materials from or use of the Application. Persons who tamper with or abuse any aspect of the Contest or Application or who are in violation of these Official Rules, as solely determined by Sponsor, may be disqualified and all associated entries voided, all in Sponsor’s sole judgment. Should any portion of the Contest be, in Sponsor’s sole opinion, compromised by virus, worms, bugs, non-authorized human intervention or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play, or submission of entries, or should the Contest be unable to run as planned for any other reason, Sponsor reserves the right, in its sole discretion to suspend, modify or terminate the Contest and, if terminated, at its discretion, select the potential Winner from all eligible, non-suspect entries received prior to the action taken or as otherwise deemed fair and appropriate by Sponsor. The Released Parties are not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in entrant’s email or other account to receive messages. CAUTION: ANY ATTEMPT TO DAMAGE THE CONTEST WEBSITE OR APPLICATION OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR MAY DISQUALIFY ANY SUCH INDIVIDUAL AND RESERVES THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) AND OTHER REMEDIES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
Release. By participating in the Contest, entrants agree to release, discharge and hold harmless the Contest Entities, Facebook, and Offerpop and each of their respective directors, officers, employees, agents, successors and assigns (“Released Parties”), from and against and any and all claims, liability, costs, losses, damages or injuries of any kind arising out of or related to entrants’ participation in the Contest and/or related to any prize (including, without limitation, losses, damages or injuries to entrant’s or any other person’s equipment or other property, or to their persons, related to participation in the Contest; or arising out of any violation of rights of publicity or privacy, or claims of defamation or portrayal in a false light; or based on any claim of infringement of intellectual property or other rights; or from any typographical, human or other error in the printing, offering, selection, operation or announcement of any Contest activity and/or prize). Without limiting the generality of the foregoing entrants agree that the Released Parties: (a) have neither made nor will be in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, in connection with the Contest and/or with respect to prize(s), including, without limitation, to any prize’s quality or fitness for a particular purpose; (b) maintain no control over the personnel, equipment or operation of any air, water or surface carrier, ship line, bus or limousine company, transportation company, hotel, manufacturer or other person or entity furnishing services, products or accommodations (“Suppliers”) as a part of the prize(s) provided in connection with the Contest; and (c) will not be responsible or liable for any injury, damage, loss, expense, accident, delay, inconvenience or other irregularity that may be caused or contributed to: (i) by the wrongful, negligent or unauthorized act or omission on the part of the Suppliers or any of their agents, servants, employees or independent contractors, (ii) by any defect in or failure of any vehicle, equipment, instrumentality, service or product that is owned, operated, furnished or otherwise used by any of those Suppliers, (iii) by the wrongful, negligent or unauthorized act or omission on the part of any other person or entity not an employee of the Released Parties, and (iv) by any cause, condition or event whatsoever beyond the control of the Released Parties. Each entrant further agrees to indemnify and hold harmless the Released Parties from and against any and all liability resulting or arising from the Contest and to release all rights to bring any claim, action or proceeding against Released Parties. Sponsor is not responsible for the actions of entrants in connection with the Contest, including entrants’ attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Contest. Entrants 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. Entrants acknowledge that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” 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. If entrant is an eligible minor, his/her parent or legal guardian must agree to these Official Rules, including, without limitation, this Section.
Publicity Release. Subject to applicable law, Winners irrevocably grant the Released Parties and each of their licensees, and its and their successors, assigns and sub-licensees the right and permission to use their name, voice, likeness and/or biographical material for advertising, promotional and/or publicity purposes in connection with the Contest, in all forms of media and by any and all means and media (now and hereafter known), and on and in connection with related products, services, advertising and promotional materials (now known or hereafter developed), worldwide, in perpetuity, without any obligation, notice or consideration except for the awarding of the prizes to the Winners.
Suspension / Modification / Termination. In the event Sponsor is prevented from continuing with the Contest by any event beyond its control, including, but not limited to, fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, communications or equipment failure, utility or service interruptions, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared), interference with the Contest by any party, or any federal, state or local government law, order, or regulation, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence) Sponsor shall have the right to modify, suspend or terminate the Contest. Sponsor additionally reserves the right, in its sole and absolute discretion: (a) to modify, suspend or terminate the Contest should causes beyond Sponsor’s control corrupt or interfere with the administration, integrity, operation, security or proper play of the Contest; or (b) to disqualify any entrant found to be, or suspected of: (i) tampering with the entry process or the operation of the Contest; (ii) acting in violation of these Official Rules; or (iii) acting in an un-sportsmanlike manner. The Contest Entities are not responsible for any changes or unavailability of the Facebook platform that may interfere with the Contest (including any limitations, any restrictions, or any conditions on Sponsor’s ability to use Facebook for the Contest as set forth herein that are not acceptable to Sponsor) or ability of entrant to timely enter, receive notices or communicate with Sponsor via Facebook, in which case Sponsor, in its sole discretion, may terminate or modify the Contest.
Dispute Resolution.
A.Binding Arbitration. By entering the Sweepstakes, you agree that any and all disputes, claims, and causes of action arising out of or connected with the Sweepstakes, or any prize shall be resolved exclusively by final, binding arbitration; except that you may bring a qualifying claim over a dispute in a small claims court in Cook County, Illinois. By entering the Sweepstakes, you are giving up the right to go to court and have a dispute heard by a judge or jury (except as otherwise set forth in this Section 14(A) or Section 14(D)). The provisions of this Section 14 shall constitute your written agreement to arbitrate disputes under the Federal Arbitration Act (“Agreement”). The arbitration will be administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to its rules, including the AAA’s Supplementary Procedures for Consumer-Related disputes, available at http://www.adr.org or by calling 800-778-7879. The arbitrator will apply and be bound by these Official Rules, apply applicable law and the facts, and issue a reasoned award.
To begin an arbitration proceeding, you must comply with the limitations provision set forth in Section 14(E) and submit the dispute by utilizing the forms available at http://www.adr.org, and simultaneously sending a copy of the completed form to the following address: C T Corporation System, 208 S. LaSalle Street, Suite 814, Chicago, IL 60604. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. Groupon will reimburse those fees for disputes totaling less than $10,000 unless the arbitrator determines the dispute is frivolous. Likewise, Groupon will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the dispute is frivolous. The arbitration will be conducted by a sole arbitrator based upon written submissions unless you request and/or the arbitrator determines that a telephone or in-person hearing is necessary. If the arbitrator grants the request or determines an in-person hearing is necessary, the hearing will proceed in Chicago, Illinois, unless the arbitrator determines or we agree that the matter should proceed in the county in which you reside.
B. No Class Action Matters. We each agree that we shall bring any dispute against the other in our respective individual capacities and not as a plaintiff or class member in any purported class, representative proceeding or as an association. In addition, we each agree that disputes shall be arbitrated only on an individual basis and not in a class, consolidated or representative action. The arbitrator does not have the power to vary these provisions.
C. Choice of Law and Forum; No Jury Trial. If for any reason a dispute proceeds in court: (i) you agree that any such dispute may only be instituted in a state or federal court in Cook County, Illinois; (ii) you and Groupon irrevocably consent and submit to the exclusive personal jurisdiction and venue of such courts for resolution of such disputes; (iii) you and Groupon agree that the Federal Arbitration Act, the AAA rules, applicable federal law and the laws of the State of Illinois, without regard to principles of conflicts of law, will govern these Official Rules and any disputes; and (iv) you and Groupon agree to waive any right to a trial by jury.
D. Injunctive Relief. Notwithstanding anything to the contrary in these Official Rules, either party may bring suit in court seeking an injunction or other equitable relief arising out of or relating to the infringement of a party’s intellectual property.
E. Time Limitations. If either of us wants to assert a dispute against the other, the party with a dispute must institute arbitration within one (1) year from the date the dispute arose. Absent commencing the arbitration within one (1) year from the date the dispute arose, the dispute(s) will be forever barred.
F. Severability. The invalidity or unenforceability of any provision of these Official Rules or the Affidavit will not affect the validity or enforceability of any other provision. In the event that any provision of the Official Rules or the Affidavit is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
No Obligation to Use. Sponsor shall have no obligation (express or implied) to use any or to otherwise exploit any Submission or, if commenced, to continue the distribution or exploitation thereof, and Sponsor may at any time abandon the use of the Submission for any reason, with or without legal justification or excuse, and entrants shall not be entitled to any damages or other relief by reason thereof.
Dates & Deadlines/Anticipated Number of Contestants. Because of the unique nature and scope of the Contest, Sponsor reserves the right, in addition to those other rights reserved herein, to modify any date(s) or deadline(s) set forth in these Official Rules or otherwise governing the Contest. Sponsor cannot accurately predict the number of entrants who will participate in the Contest.
Further Documentation. If Sponsor shall desire to secure additional assignments, certificates of engagement for the Submission or other documents as Sponsor may reasonably require in order to effectuate the purposes and intents of these Official Rules, then each entrant agrees to sign the same upon Sponsor’s request therefor.
List of Contest Winners / Official Rules Requests. To receive any legally required list of the Winners, send a stamped self-addressed envelope, prior to six (6) months after the end of the Contest Period, to: “Contest Winners List”, Groupon, Inc., 600 West Chicago Avenue, Ste. 400, Chicago, IL 60654. Please indicate which Contest winners list you are requesting by referencing the name of the Contest in your request. For a copy of these Official Rules, send a legal-size, self-addressed, stamped envelope to “Contest Official Rules”, Groupon, Inc., 600 West Chicago Avenue, Ste., 400, Chicago, IL 60654 prior to the end of the Contest Period. Please indicate which Contest winners list you are requesting by referencing the name of the Contest in your request. Vermont residents may omit return postage with Official Rules requests.
Identification of Sponsor. This Contest is sponsored by: Groupon, Inc., 600 West Chicago Avenue, Ste. 400, Chicago, IL 60654. Reference to third parties in connection with prizes and/or third party websites or services are for reference and identification purposes only and not intended to suggest endorsement, sponsorship or affiliation with Sponsor or the Contest.
Information Submitted. As a condition of entering the Contest, each entrant gives consent for Sponsor to obtain and deliver his or her name, address and other information to third parties for the purpose of administering this Contest and to comply with applicable laws, regulations and rules.
The Contest is in no way sponsored, endorsed or administered by, or associated with Facebook, Twitter, Instagram, or Offerpop. Entrants understand that you are providing your information to Sponsor and not to Facebook. In connection with your use of the Contest Website, we are collecting non-public personally identifiable information about entrants in connection with the operation of the Contest. Entrants consent to the use of their information by Sponsor in accordance with Sponsor’s Privacy Policy (accessible at http://www.groupon.com/privacy) and further consent to Offerpop’s use of their information consistent with Offerpop’s Privacy Policy (accessible at http://www.offerpop.com/privacy-policy.html). Entrants agree that both Sponsor and Offerpop may use his/her information for statistical purposes as well. Any questions, comments or complaints regarding this Contest (including a request to have your information deleted from the Application) shall be directed to the Sponsor at the address above.
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