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Groupon Why I Heart Mom Poetry Contest
Official Rules
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS CONTEST. ONLINE ACCESS REQUIRED. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT AFFECT YOUR OPPORTUNITY TO WIN.
VOID WHERE PROHIBITED BY LAW. AFFIDAVIT OF ELIGIBILITY / RELEASE OF LIABILITY / PRIZE ACCEPTANCE AGREEMENT MAY BE REQUIRED. ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.
THIS CONTEST IS IN NO WAY SPONSORED, ENDORSED, ADMINISTERED BY, OR ASSOCIATED WITH 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.
1. Eligibility. Groupon Why I Heart Mom Poetry Contest (the “Contest”) is open only to individuals who: (i) are legal residents and physically located in one (1) of the fifty (50) United States or the District of Columbia; (ii) are at least eighteen (18) years of age or older at the time of entry; and (iii) have their Twitter or Instagram settings enabled to allow receipt of direct messages from Sponsor. Employees, officers and directors of Groupon, Inc. (“Sponsor”), 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.
2. How to Enter. The Contest begins on or about 12:00:00 a.m. Central Time (“CT”) on April 25, 2016 and all entries must be received on or before 11:59:59 p.m. CT on May 5, 2016 (the “Entry Period”). By participating in the Contest, each entrant unconditionally accepts and agrees to comply with and abide by these “Official Rules” and the decisions of Sponsor, including the interpretation of these Official Rules and its exercise of discretion, which will be final and binding in all respects. There is one (1) method of entry for this Contest.
Submit a Video: A) Visit the Contest website at https://www.groupon.com/pages/mothers-day-poetry-contest to obtain one of the blank contest poem templates and upload a video of yourself reading an original poem based on the poem template from your Twitter or Instagram page with the required hashtags, #WhyIHeartMom and #ContestEntry, in the Tweet or Instagram caption (“Video”). Poems must be based on the template and the templates cannot be modified, except to the extent the templates offer fill-in-the-blank portions. Videos containing poems with modified templates may be disqualified in Sponsor’s reasonable discretion.
B) After uploading your Entry, you will be sent an official entry form via direct message on the social platform you used to post your Video. The form will be hosted by Offerpop (the “Application”) that interacts with Facebook by giving permission to the Application to collect entrant’s information from entrant’s Facebook profile.
Entrants must have their Twitter and/or Instagram privacy settings enabled to allow receipt of direct messages from Sponsor. An entry form must be completely filled out and submitted to complete your entry into the contest. All entries must be received no later than 11:59:59 p.m. CT on May 5, 2016 to be eligible for the Contest.
Limit three (3) entries per day per person/e-mail address for a total of thirty-three (33) throughout the Entry Period). Further attempts made by the same individual to submit multiple entries by using multiple or false contact information (e.g., through multiple accounts or using multiple identities) may result in the entrant being disqualified. Entries generated by a script, computer programs, macro, programmed, robotic or other automated means are void and may be disqualified regardless of the daily limit. Entries that are in excess of the stated limits, incomplete, illegible, corrupted, damaged, destroyed, forged, false, lost, late or misdirected, deceptive or otherwise not in compliance with the Official Rules may be disqualified from the Contest at Sponsor’s sole and absolute discretion. All materials submitted become the property of Sponsor and will not be returned. In the event of a dispute over the identity of an online entrant, entry will be deemed submitted by the registered account holder of the email address associated with the entry for the domain associated with the submitted address provided that person is eligible. Potential winner may be required to show proof of being the registered account holder. Registered account holder is defined as the person assigned to an email address by an Internet access provider, on-line service provider or other organization responsible for assigning email addresses. In the event a dispute regarding the identity of the individual who actually submitted an entry cannot be resolved to Sponsor’s satisfaction, the affected entry will be deemed ineligible. For purposes of this Contest, an on-line entry is “received” when the Sponsor’s servers record the entry information. 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 Sponsor’s database clock will be the official timekeeper for this Contest. Illegible and/or incomplete entries and entries submitted by entrants who do not meet the eligibility requirements (including all requirements with respect to age and residence) are void. 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. Sponsor may run multiple campaigns, contests, sweepstakes or other promotions simultaneously. Entry into one (1) campaign, contest or sweepstakes does not constitute entry into any other.
BY SUBMITTING AN ENTRY, ENTRANT ACKNOWLEDGES THAT HIS/HER ENTRY AND ENTRY MAY BE POSTED ON SPONSOR’S WEBSITE OR ELSEWHERE ON THE INTERNET AS AUTHORIZED BY SPONSOR, IN SPONSOR’S DISCRETION. Submission of entry grants Sponsor and its agents an unlimited, worldwide, perpetual, license and right to publish, use, publicly perform the entry in any way, in any and all media, without limitation, and without consideration to the entrant.
All entries you submit must conform to the additional submission requirements set forth herein:
Sponsor reserves the right, in its reasonable discretion, during or upon completion of the Entry Period, to request that any entrant resubmit his or her entry which fails to comply with the Contest entry requirements prior to any judging period.
By accepting a prize, the winner agrees that his/her entry will be deemed a Work Made For Hire under the Copyright laws of the United States, but if it cannot be so deemed, then the winner irrevocably assigns and transfers to Sponsor all of his/her right, title and interest in and to his/her entry, including all but not limited to all copyright and trademark rights which he or she may have, in the United States and worldwide, therein, for consideration, the receipt and sufficiency of which is hereby acknowledged. Winner hereby waives in favor of Sponsor, all rights of “Droit Moral” or “Moral Rights of Authors” or any similar rights or principles of law that winner may now or later have to their entry. Sponsor reserves the right to alter, change or modify a winning entry, in its sole discretion. Upon request of Sponsor, winner shall execute and deliver such additional instrument of assignment, as may be solely deemed by Sponsor, reasonably necessary to establish the ownership of record of the right, title and interest in and to the entry and of the copyrights transferred and “Moral Rights of Authors” waived under these Official Rules. Should Sponsor fail to request the said assignment as stated, that shall not be deemed a waiver of Sponsor’s rights and Sponsor may at a later time request the assignment.
If you believe a Video posted to one of Sponsor’s websites infringes your intellectual property rights, please read the following. Pursuant to the DMCA, notifications of claimed copyright infringement should be sent to a Service Provider’s Videoated Agent. Notification must be submitted to the following Videoated Agent for this site in the manner described below:
By Mail: Eric McApline, 600 W. Chicago Ave., Chicago, IL 60654
By Email: dmca@groupon.com
Phone: 312-334-1579
For your complaint to be valid under the DMCA, you must provide all of the following information when providing notice of the claimed copyright infringement:
1. A physical or electronic signature of a person authorized to act on behalf of the copyright owner;
2. Identification of the copyrighted work claimed to have been infringed;
3. Identification of the material that is claimed to be infringing or to be the subject of the infringing activity, and that is to be removed or access to which is to be disabled, as well as information reasonably sufficient to permit Sponsor to locate the material;
4. Information reasonably sufficient to permit Sponsor to contact the copyright owner, such as an address, telephone number, and, if available, an electronic mail address;
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
For more details on the information required for valid notification, see 17 U.S.C. 512(c)(3).
You should be aware that, under the DMCA, claimants who make misrepresentations concerning copyright infringement may be liable for damages incurred as a result of the removal or blocking of the material, court costs, and attorneys fees.
3. Video Judging and Prize Claiming.
The one (1) entrant whose entry receives the highest total score among all Judging Criteria will be the Contest Grand Prize winner, all subject to verification. In the event of a tie the entry with the highest creativity score will be the winner; if there is still a tie, then the entry with the highest originality score will be the winner. Judges’ decisions are final and binding in all aspects of this Contest.
The potential winner will be notified via direct message on the platform they he/she used to enter. The Contest Entities are not responsible for false, incorrect, changed, incomplete or illegible contact information, or entrants who have their privacy settings such that Sponsor cannot directly message them. The Contest Entities 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 account to receive email messages.
The potential winners 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 winners fail 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. 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.
4. Prizes and Value. One (1) Grand Prize: One (1) Grand Prize Winner will receive $5,000 Groupon Bucks credited to his or her active Groupon account, and $5,000 Groupon bucks credited to his or her Mother’s active Groupon account. Approximate retail value (“ARV”) of Ten Thousand Dollars ($10,000.00) (USD). Terms Applicable to Groupon Bucks here. Groupon Bucks to expire twelve (12) months from issuance. Winner and Winner’s mother must have an active Groupon account to receive Groupon Bucks. Signing up is free and can be done at www.groupon.com.
Prize is non-transferable, with no 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 the winner with their prize, the Sponsor may elect to provide an alternate prize of comparable or greater value. The prize is 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 winner will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the prize they receive, regardless of whether they, in whole or in part, are used. The ARV of the prize 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 winner may be required to provide Sponsor with a valid social security number or tax identification number before the prize will be awarded for tax reporting purposes. An IRS Form 1099 shall be issued in the name of winner. Unclaimed prize(s) will be forfeited. Prize, if legitimately claimed, will be awarded. Sponsor is not responsible for and will not replace any lost, mutilated or stolen prizes or any prize that is undeliverable or does not reach the winner because of an incorrect or changed address. If the winner does not accept or use the entire prize, the unaccepted or unused part of the prize will be forfeited and Sponsor will have no further obligation with respect to that prize or portion of the prize. No more than the stated prize will be awarded. The winner is strictly prohibited from selling, auctioning, trading or otherwise transferring any part of the prize. The total ARV of all of the prizes awarded in this Contest is Ten Thousand Dollars ($10,000.00)(USD). Sponsor is not responsible for and winner will not receive the difference, in any, between the actual value of the prize at the time of award and the stated ARV in these Official Rules or in any Contest-related correspondence or material.
5. Publicity Release. Subject to applicable law, winner irrevocably grants the Contest Entities and each of their licensees, and its and their successors, assigns and sub-licensees the right and permission to use his/her 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 all manners (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 prize to the winner. Entrants agree not to issue any publicity concerning the Contest Entities.
6. Tampering with Contest. The Contest Entities are 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. Persons found tampering with or abusing any aspect of this Contest, or whom Sponsor believes to be causing malfunction, error, disruption or damage may be disqualified. Additionally, any attempt to cheat the Contest, as determined at the sole and absolute discretion of Sponsor, may result in immediate disqualification of the entrant, as well as other possible consequences, including disqualification from any and all existing and future Contest. ANY ATTEMPT BY A PERSON TO DAMAGE ANY WEBSITE OR (INCLUDING THE CONTEST WEBSITE) OR UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK ALL LEGAL AND EQUITABLE REMEDIES FROM AND AGAINST ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor reserves the right, at its sole and absolute discretion, to disqualify (or terminate the prize of) any individual who is found to be, or suspected of, acting in violation of these Official Rules, or to be acting in an unsportsmanlike, obscene, immoral or disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person.
7. 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 or prize. 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. In the event of cancellation, Sponsor will randomly award the prizes from among all eligible, non-suspect entries received prior to cancellation
8. Waivers, Disclaimers and Releases. By participating in the Contest, entrants agree to release, discharge and hold harmless the Contest Entities, Offerpop, Facebook, Inc., Twitter, Inc., Instagram LLC, and each of their respective directors, officers, employees, agents, successors and assigns (“Released Parties”) from and against 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 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 prizes, 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 prizes 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. Entrants agree and that the Released Parties shall have no responsibility or liability for discontinued prizes; human error; incorrect or inaccurate transcription of registration and/or account information; any technical malfunctions of the telephone network, computer online system, computer dating mechanism, computer equipment, software, or Internet service provider utilized by Sponsor; interruption or inability to access the website or Sponsor or affiliated entities’ respective websites, or any online service via the Internet due to hardware or software compatibility problems; any damage to participant’s (or any third person’s) computer and/or its contents related to or resulting from any part of the Contest; any lost/delayed data transmissions, omissions, interruptions, viruses, bugs, defects; and/or any other errors or malfunctions, even if caused by the negligence 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 and hereby acknowledge that the 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 a prize, including express warranties provided exclusively by a Supplier that may be sent along with a prize. 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.
9. Entry Information and Contest Communications. 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. Any information entrants provide to Sponsor may be used to communicate with entrant in relation to this Contest or on a Contest winner’s list.
10. Dispute Resolution.
A. Binding Arbitration. By entering the Contest, you agree that any and all disputes, claims, and causes of action arising out of or connected with the Contest, 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 Contest, 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 11(A) or Section 11(D)). The provisions of this Section 11 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 11(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.
11. Name of Contest Winner/Official Rules Requests. To receive the name of the winner, send a stamped self-addressed envelope to prior to six (6) months after the end of the Entry Period: “Groupon Why I Heart Mom Poetry 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: “Groupon Why I Heart Mom Poetry Contest Official Rules”, Groupon, Inc., 600 West Chicago Avenue, Ste. 400, Chicago, IL 60654 prior to the end of the Entry Period. Please be sure to indicate which Contest Official Rules you are requesting by referencing the name of the Contest in your request. Vermont residents may omit return postage with Official Rules requests.
12. Miscellaneous. 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. Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision. Entrants agree to waive any rights to claim ambiguity of these Official Rules. Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Contest-related materials, privacy policy or terms of use on the website and/or the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control and the discrepancy will be resolved in Sponsor’s sole and absolute discretion.
13. 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. The Contest is in no way sponsored, endorsed or administered by, or associated with Offerpop, Facebook, Twitter, or Instagram, and any references to any of their products, services, or offerings by trade name, trademark, manufacturer, supplier or otherwise do not constitute or imply endorsement, sponsorship or recommendation thereof by such party or any of its affiliates. 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.