SPIN CLICKS INC.
SWEEPSTAKES OFFICIAL RULES
Spin Clicks, Inc. (“Spin Clicks”) hosts multiple sweepstakes (each a "Sweepstakes"). Each Sweepstakes is separate.
Entry into one Sweepstakes is not entry for any other Sweepstakes. Details on the exact dates for any Sweepstakes, along with
the prize(s) available in that Sweepstakes, and any other details will be listed on the Sweepstakes entry Page (the “Sweepstakes Page”).
These Official Rules apply to each separate Sweepstakes; provided that if the Sweepstakes Page for any particular Sweepstakes references
additional rules for that Sweepstakes, then those rules, together with these Official Rules, will apply. These Sweepstakes are both
“LIMITED TIME” and “LIMITED ENTRY”. A Limited Time Sweepstakes will run for a designated period of time,
with defined start and end dates as will be noted in the description of the Sweepstakes on the specific Sweepstakes Page.
A Limited Entry Sweepstakes is defined by the maximum number of entrants/entries that will be accepted by Sponsor into a Sweepstakes;
once this Sweepstakes has reached its maximum number of permitted entries, no more entries will be distributed or accepted by Sponsor.
NO PURCHASE IS NECESSARY TO ENTER OR WIN A PRIZE. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. WINNER
MAY BE REQUIRED TO PARTICIPATE IN THE PRIZE FULFILLMENT PROCESS AND SIGN DOCUMENTS, SUCH AS A RELEASE, AS DETAILED BELOW.
BY PARTICIPATING, YOU AGREE TO THESE OFFICIAL RULES ALONG WITH ANY ADDITIONAL RULES ON THE SWEEPSTAKES PAGE,
WHICH ARE A CONTRACT. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE SPONSOR (DEFINED BELOW)
FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES. THESE RULES CONTAIN ARBITRATION AND DISPUTE RESOLUTION
PROVISIONS THAT AFFECT THE WAY IN WHICH ANY CLAIM OR DISPUTE BETWEEN YOU AND THE SPONSOR WILL BE RESOLVED.
SCROLL DOWN TO SECTION 10 TO SEE THE ARBITRATION AND DISPUTE RESOLUTION PROVISIONS.
THIS SWEEPSTAKES IS VOID WHERE PROHIBITED OR EXCLUDED.
Each SWEEPSTAKES consists of an online sweepstakes (the “Sweepstakes”) in the 50 United States and the District
of Columbia (the “Territory”) that begins and ends at the dates and times listed on the Sweepstakes Page for
that specific sweepstakes (the “Sweepstakes Period”). Sweepstakes is void in Puerto Rico and other U.S.
Commonwealths, Territories and jurisdictions (including overseas military installations) and where prohibited.
The Sweepstakes is governed by these Official Rules along with any other additional rules on the Sweepstakes Page.
All Sweepstakes are governed by these Official Rules along with any other additional rules on the Sweepstakes Page.
SWEEPSTAKES ENTRY PERIODS EXPLAINED.
The “Sweepstakes Period” for a Limited Time Sweepstakes will run for
a designated period of time, with defined start and end dates as will be noted in the description of the
Sweepstakes on the specific Sweepstakes Page. Once the Sweepstakes reaches its end date (as noted on the
Sweepstakes Page), the Sweepstakes Period will be over and no more entries will be accepted into that
Sweepstakes. The “Sweepstakes Period” for a Limited Entry Sweepstakes is defined by the maximum
number of entrants/entries that will be accepted by Sponsor into a Sweepstakes; once this Sweepstakes has reached
its maximum number of permitted entries, no more entries will be distributed or accepted by Sponsor.
WHO IS ELIGIBLE TO ENTER/TO WIN.
The SWEEPSTAKES is open only to natural persons who are legal residents of the Territory, at least
eighteen (18) years of age at the time of entry, and who have a registered profile (“Registered
User”) at spinclicks.com (“Website”). Becoming a Registered User of the Website is free. Persons in the following categories are NOT eligible to participate or win: any person who on or after
the beginning of this Sweepstakes was or is (a) a director, officer, employee, agent, or independent contractor
of Sponsor; (b) a director, officer, employee, agent, or independent contractor of any entity engaged to assist
with the creation, administration, advertising, or management of the Sweepstakes; or (c) an immediate family member
(defined as spouse, IRS-dependent, or biological, foster, in-law, adoptive, or step- mother, father, sister, brother,
daughter, or son) of, or who resides in the same household as, any person in any of the preceding categories.
Any attempt by Participant to obtain more than the stated number of entries by using multiple/different identities,
email addresses and/or any other method will void that Participant's entry and that Participant may be disqualified
from participating in any and all Spin Clicks Sweepstakes. In the event of a dispute regarding the identity of the
person submitting an entry, the entry will be deemed submitted by the person in whose name the email account (provided
via the Entry Form) is registered ("Authorized Account Holder"). The Authorized Account Holder is the natural person who
is assigned to the email address by an internet access provider, on-line service provider, or other organization that is
responsible for assigning email addresses, or the domain associated with the submitted email address. No mechanically or
programmatically reproduced entries are permitted. Sponsor will not verify receipt of entries for Entrants. All entries
submitted become the sole property of Sponsor and will not be returned. Sponsor is not responsible for lost, late, misdirected,
illegible, or damaged entries.
Agreement To Official Rules.
Sweepstakes will be conducted in the Territory by Spin Clicks, (the “Sponsor”), and each person who participates
in the Sweepstakes (each a “Participant”) unconditionally accepts and agrees to comply with, abide by, and have all
participation subject to these Official Rules, any other additional rules on the Sweepstakes Page, and the decisions
of the Sponsor, which shall be final and binding with respect to all aspect of the Sweepstakes in the Territory.
To Be Eligible To Win.
Winning the prize requires that the potential winner of the prize is, and remains, in compliance with these Official Rules
and any other additional rules on the Sweepstakes Page. Until a potential winner is verified to be eligible and in compliance
with these Official Rules and any other additional rules on the Sweepstakes Page, the potential winner is, and will remain,
a potential winner, unless the potential winner is disqualified for not complying with the Official Rules and/or not being
eligible to participate in the Sweepstakes. Sponsor reserves the right to disqualify any potential winner who Sponsor, in
its sole and absolute discretion, determines is not permitted by law to receive a prize. Sponsor is not required to conduct
any advertising or public relations associated with a winner.
HOW TO ENTER.
Unless otherwise provided on the Sweepstakes Page for a specific Sweepstakes, there are two (2) ways to enter any of the
Sweepstakes found on the Website. Regardless of method of entry, you must be a registered user of the Website. You can become
a registered user on the Website free of charge by completing the registration at spinclicks.com. Individuals are prohibited
from having more than one account on the Website.
1. Enter by using Spin Credits:
Registered Users who place a square using the designated number of Spin Credits will be automatically
entered into the Sweepstakes, unless they have elected another option or to opt-out from automatic entry upon registration. Registered Users can
change their Sweepstakes entry preference at any time by going to My Account on the Website.
2. Mail-in Request to Obtain Two (2) Free Spin Credits:
A Registered User can obtain two (2) free Spin Credits by mailing in a request in accordance with these Official Rules.
Some Sweepstakes will be posted to a Sweepstakes Page 10 days prior to the start date. Other Sweepstakes posted to a
Sweepstakes Page will start immediately. At any time, whether during the 10-day period prior to a Sweepstakes going live
or during the designated Sweepstakes Period (“Free Credit Request Period”), any Registered User of the Website who
does not wish to purchase Spin Credits may obtain two (2) free Spin Credits by requesting such Spin Credits through the
mail. To obtain the two (2) free Spin Credits,
an eligible individual must hand-write his/her complete name (no initials), valid email address, residential street address
(P.O. Boxes not accepted), city, state, ZIP code, telephone number, and year of birth (YYYY) on a 3”x5” card (“Mail-In Request”)
and mail it in an envelope with sufficient postage to: Spin Clicks, Inc. Attn: Sweepstakes Mail-In Entry P.O. Box 20186 Bakersfield CA 93390.
The email address provided in the Mail-In Request must match the email of the Registered User account where the free Spin
Credit will be deposited. Limit to one (1) Mail-in Request per envelope. Participants who submit a Mail-In Request will receive
two (2) Spin Credits which will be deposited into their Website account. The two (2) free Spin Credits will then be used
by Participant to place a square and be entered into the Sweepstakes associated with that grid.
Mail-In Requests must be legibly hand-written. Mechanical reproductions, postage-due, Mail-In Requests sent in excess of the entry
limits will not be accepted. Mail-In Requests received without a verifiable and legible residential return address will be deemed
incomplete and not valid. Spin Credits are unique, have no expiration date, and are non-transferrable. Should the specific Sweepstakes
close prior to using the free Spin Credits, the Registered User shall be able to use the free Spin Credits for any Sweepstakes during the period
of time for which the Spin Credits are valid. If the Registered User's account is suspended or deactivated by the Sponsor
or the Participant voluntarily closes or deletes their account while in possession of any Spin Credits those Spin Credits
will be handled in accordance with the Website Terms. Sponsor is not responsible for Mail-in Requests that are lost, stolen, late, misdirected,
illegible and/or incomplete. Computer generated information on the Mail-in Request, envelopes, or stamps are not valid. By submitting Mail-In Request
or redeeming a Spin Credit, Participant agrees to abide by the terms of these Official Rules together with any additional rules on the Sweepstakes Page,
and all applicable Website Terms. Unreadable, inaccurate, unintelligible, or Mail-in Requests which otherwise do not comply with these Official Rules
or any additional rules on the Sweepstakes Page will be disqualified. Participants who obtain free Spin Credits through
this method may not obtain Spin Credits for
the same sweepstakes through any other method on the Website.
The following applies to all Participants:
Sponsor may run multiple campaigns, contests, sweepstakes or other promotions simultaneously. Participation in one
campaign, contest, or sweepstakes does not constitute participation in any other unless explicitly stated otherwise.
Any participation or Mail-in Request that is in excess of any stated limit (if any), incomplete, illegible, corrupted, damaged,
destroyed, forged, false, postage-due, incorrect, deceptive, lost, late, misdirected, garbled, incompletely received, generated
by a macro, bot, or other automated means or otherwise not in compliance with the Official Rules and any other additional details
on the applicable Sweepstakes Page for any reason will not be eligible to win and will be void in Sponsor’s sole discretion.
By participating in any Sweepstakes, you unconditionally accept and agree to comply with and abide by these
Official Rules, the additional details on the applicable Sweepstakes Page, the
and all decisions of the Sponsor, which shall be final and binding in all respects. All electronic entries
for any Sweepstakes Period must be received during that Sweepstakes Period. Proof of transmission is not proof of receipt.
Each Sweepstakes will have a limited number of entries available. The number of entries and the time period
for the entries will be posted on the Sweepstakes Page for each individual Sweepstakes. Each sweepstakes will
be open until the earliest of all entry spaces being filled or 90 days.
SWEEPSTAKES – PRIZES/ODDS/DETAILS.
The prize(s) and value(s) available for any Sweepstakes will be listed on the Sweepstakes Page for that Sweepstakes. The
approximate retail value (“ARV”) stated on the Sweepstakes Page is accurate as of the date it is posted. Sponsor is not
liable for fluctuations in the stated ARV of any prize. The odds of winning in any Sweepstakes depend on the number of
eligible entries received for that Sweepstakes.
Winner Selection and Notification.
Each Sweepstakes winner will be selected in a random drawing conducted from among the eligible entries received
during the applicable Sweepstakes Period for that drawing per the "How to Enter" rule above. The random drawing
will take place within approximately 24 hours after the end of the applicable Sweepstakes Period. Each potential
winner will be notified via email using the contact information provided in their Website account. The notification
will include instructions on how to contact Sponsor to provide name, address or other information that may be
necessary to complete validation of eligibility, obtain and complete Prize Claim Documents, and delivery of prize.
No liability is assumed for any winner notification that is lost, intercepted, or not received by a potential winner
for any reason. If a potential winner does not respond within forty eight (48) hours after the first notification
attempt, or if the prize or prize notification is returned as unclaimed or undeliverable to such potential winner,
such potential winner may be disqualified and an alternate winner may be selected. If a potential winner is found
to be ineligible, or if he or she has not complied with these Official Rules and any other additional rules on the
Sweepstakes Page, or declines a prize for any reason prior to award, such potential winner will be disqualified
and an alternate winner may be selected.
Additional Prize Information.
Sponsor may, at its sole and absolute discretion, select an alternative potential winner should any potential
winner be disqualified. Sponsor will provide for standard trackable delivery of the prize in the Sweepstakes.
The prizewinner shall be solely responsible for all federal, state, and/or local taxes and other fees associated
with prize receipt and/or use. The prize may not be assigned or changed except at the sole and absolute discretion
of Sponsor. Prizes pictured in advertising, marketing, or promotional materials are for illustrative purposes only.
In the event there is a discrepancy or inconsistency between statements contained in any such materials and the
terms and conditions of these Official Rules, these Official Rules together with the additional rules on the
Sweepstakes Page for the specific prize shall prevail, govern and control.
General Prize Conditions.
Prizes are non-transferable, and no cash alternative or prize substitution will be allowed, except in Sponsor’s
sole and absolute discretion. A substitute of comparable or greater value may be awarded if any prize listed becomes
unavailable for any reason. Sponsor may choose to offer a cash prize alternative (“Cash Alternative”). Should Sponsor
offer a Cash Alternative as the prize, the value will be stated on the Sweepstakes Page for the specific promotion and
the potential winner will be given the option of selecting which prize they choose to accept. The Cash Alternative may
be less than the ARV provided. Potential winner (a) is responsible for any and all taxes due as a result of acceptance of
the prize, and for any and all other fees or costs associated with acceptance or use of any prize not expressly included in
the prize description. Winners of prizes valued at $600 or more will be issued an IRS Form 1099 for the value of the prize.
All winners of prizes valued at $600 or more must return Prize Claim Documents which includes their legally-issued United States
Social Security Number. The total prize value for purposes of issuing an IRS Form 1099 will be calculated based on the total value
of prizes won during a calendar year.
PRIZE CLAIM DOCUMENTS.
The Prize Claim Documents may include, but are not limited to: a Declaration or Affidavit of Eligibility (as solely determined
by Sponsor), Release of Liability, a Publicity Release (where lawful), a Federal IRS form W-9 for tax filing purposes (for the
year a prize is received), and such other documents as may be determined by Sponsor. All Prize Claim Documents must be returned
as provided in the directions to the potential winner. Prizes that require shipping to the winner will be shipped after verification
and may take up to four weeks for delivery. If verification of any information provided results in forfeiture, no prize will be awarded
to that individual. Upon prize forfeiture, no compensation will be given.
By entering, Participant agrees to release and hold harmless Sponsor and any other third-party providers or their respective subsidiaries,
affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies
and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause
of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Sweepstakes
or receipt or use or misuse of any prize.
Sponsor reserves the right to cancel, suspend and/or modify any Sweepstakes, or any part of it, if any fraud, technical failures,
human error or any other factor impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor in its sole
and absolute discretion. In such event, Sponsor, in its sole and absolute discretion, may elect to hold a random drawing from among
all eligible entries received up to the date of discontinuance for any or all of the prizes offered in the Sweepstakes. Persons who
tamper with or abuse any aspect of this Sweepstakes, or act in violation of the Official Rules or any other rules or terms associated
with the Sweepstakes or Website, will be disqualified. Any attempt by any person to deliberately undermine the legitimate operation of
the Sweepstakes or Website may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right
to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules
or any other additional rules on the Sweepstakes Page shall not constitute a waiver of that provision.
Sponsor’s computer is the official timekeeping device for the Sweepstakes. No automated entry devices, bots, spiders, mechanisms, programs,
or otherwise are permitted. Sponsor is not responsible for lost, late, incomplete, invalid, illegible, misdirected, or otherwise non-received
entries. Entries may not be acknowledged or returned.
Each Participant shall only participate in the Sweepstakes on his or her own behalf and can not participate or enter on behalf of
any other person or entity. Any attempt by Participant to obtain more than the allowed number of entries by use of
multiple/different/fictitious/false email addresses, or any other methods, shall void Participant’s entry and Participant
will be disqualified from Participation in the Sweepstakes.
By entering the Sweepstakes or winning a prize, Participants fully and unconditionally agree to be bound by these
rules, along with any other additional rules incorporated by reference, and the decisions of the Sponsor, which will
be final and binding in all matters relating to the Sweepstakes. Sponsor reserves the right to block entry to any
individual for any or all Sweepstakes conducted by Sponsor, whether current or in the future, if such individual
is determined to be found in violation of any rules associated with the Sweepstakes or terms of the Website.
Participant agrees that the Sweepstakes and any prizes awarded are provide “AS IS” and the Sponsor makes no warranty,
representation, or guarantee regarding the Sweepstakes or the prize(s), including, but not limited to, their quality,
condition, merchantability, or fitness for a particular purpose. Sponsor makes no warranty that the website interface
and any content, features, or functionality offered thereon will meet any requirement or will be uninterrupted, timely,
secure, or error-free; or there will be no errors in the website interfaces or any content, feature, or functionality
offered thereon. Sponsor shall not be responsible for any damage caused to your computer, mobile device, or data, or for
any bugs, viruses, Trojan horses, or other destructive code resulting from use of any entry or prize draw interfaces or
any content obtained from any third-party services.
LIMITATIONS OF LIABILITY.
All entries become the sole and exclusive property of the Sponsor. The Released Parties are not responsible for: (1) any
incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming
associated with or utilized in the Sweepstakes; (2) technical failures of any kind, including, but not limited to malfunctions,
interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any
part of the entry process or the Sweepstakes; (4) technical or human error which may occur in the administration of the
Sweepstakes or the processing of entries; (5) late, lost, undeliverable, damaged or stolen mail; (6) any injury or damage
to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in
the Sweepstakes or receipt or use or misuse of any prize; or (7) any maintenance, service charge(s), account activation
or monthly fees, repairs, replacement, insurance, or any expense related to ownership of any prize. If for any reason a
Participant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s
sole remedy is another entry in the Sweepstakes, if it is possible. No more than the stated number of prizes will be
awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated
number of prizes as set forth in these Official Rules and any other additional rules on the Sweepstakes Page to be available
and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate,
un-awarded, eligible prize claims.
GOVERNING LAW, ARBITRATION AND DISPUTE RESOLUTION.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS THE WAY IN WHICH ANY CLAIM OR DISPUTE BETWEEN YOU AND THE
SPONSOR IS RESOLVED.
Unless the laws of your jurisdiction require that the laws of that jurisdiction govern, in which case the laws
of such jurisdiction shall govern, all claims arising out of the Sweepstakes and all issues and matters concerning
the construction, validity, interpretation, and enforceability of these Official Rules and any other additional rules
on the Sweepstakes Page, or the rights of Participant(s), shall be governed by and construed in accordance with the
laws of the State of California and the United States of America, without regard to conflict of laws principles. Any
and all disputes, claims, and causes of action arising out of, or connected with, the Sweepstakes shall be resolved
individually, without resort to any form of class action.
Any claim, controversy, or dispute (whether in contract, tort, or otherwise) arising directly or indirectly out
of or related to the Sweepstakes shall be resolved exclusively by a final and binding arbitration administered
by the American Arbitration Association (the “AAA”) and conducted before a sole arbitrator pursuant to the applicable
Rules and Procedures established by the AAA. This arbitration agreement is made pursuant to a transaction involving
interstate commerce, and shall be governed by the Federal Arbitration Act (the “FAA”), 9 U.S.C. §§ 1-16. The
arbitration shall be conducted in the English language. The arbitration shall be held at a location determined
by the AAA pursuant to the Rules and Procedures (provided such location is reasonably convenient for Participant),
or at such a location as may be mutually agreed by the Participant and Sponsor. The arbitrator’s decision shall be
controlled by the terms and conditions of these Official Rules, together with any other additional rules on the
Sweepstakes Page, and any of the other agreements referenced herein that the Participant may have entered into
in connection with the Sweepstakes. The arbitrator shall apply the laws of the State of California consistent with
the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law. To the extent
permitted by law, Participant agrees that under no circumstances will the Participant be permitted to obtain an award
for, and Participant hereby waives all rights to, consequential, incidental, punitive damages, or any other damages,
and any and all rights to have damages multiplied or otherwise increased. In addition, Participant agrees that under
no circumstances will the Participant be permitted to obtain an award for attorney’s fees or costs.
No Class Action or Consolidated Proceedings.
ANY ARBITRATION THAT OCCURS WILL TAKE PLACE ON AN INDIVIDUAL BASIS. CLASS ARBITRATIONS, CLASS ACTION
SUITS OR CONSOLIDATED PROCEEDINGS ARE NOT PERMITTED AS A WAY TO RESOLVE ANY CLAIM OR DISPUTE.
This agreement to arbitrate claims and disputes is intended to be broad and includes, without limitation,
(i) claims or disputes relating to any aspect of the Sweepstakes, whether based in contract, tort, statute,
or any other legal theory, (ii) claims or disputes directly or indirectly arising from conduct or events that
occurred prior to the effective date of these Rules (including, without limitation, claims relating to advertising),
or after its termination, (iii) claims or disputes subject to class action litigation in which you are not currently
a member of a certified class, and (iv) claims or disputes with any agent, employee, successor or assign of you, the
Sponsor, the Administrator, or any Released Party (all such claims and disputes are referred to collectively as “Claims”).
This agreement to arbitrate does not, however, include Claims pertaining to intellectual property rights.
No Preclusive Effect.
No award or finding or stipulation of fact by the arbitrator will have any preclusive or collateral estoppel
effect in any other arbitration or court, unless it involves the exact same parties.
If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, then the balance of
this arbitration provision shall remain in effect and shall be construed in accordance with its terms as
if the invalid, unenforceable or illegal provision were not contained herein.
Change of Laws.
If, at any time during the Sweepstakes Period or during the winner verification and prize delivery, any change,
modification, repeal of any existing law, regulation, or legal determination, or any new laws, legislation, or
regulations, become effective that will make any prize illegal, alter the winner verification process, or effect
the prize delivery, Sponsor may distribute a cash prize for the wholesale or dealer cost of the prize,
as determined by Sponsor.
PUBLICITY AND PRIVACY.
Except where prohibited, participation in the Sweepstakes constitutes winner’s consent to Sponsor’s use of
winner’s name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in
any media, worldwide, without further payment or consideration. Except as just stated, information collected
from entrants is subject to Sponsor’s
Participant agrees that they will not disparage and/or otherwise negatively comment on the Released Parties’ reputation,
business operations, products, services, the Sweepstakes and/or Participant’s interaction with the Released Parties under
these Official Rules. This provision will not preclude Participant from making truthful statements.
The first name, last initial of the winner(s) in each Sweepstakes will be available on the product listing
page and on the drawing page for at least ninety (90) days after the end of the applicable Sweepstakes.
SPONSOR AND ADMINSTRATOR.
The Sweepstakes is sponsored in the Territory by SpinClicks, Inc. 820 State Street 4th Floor, Santa Barbara, CA 93101.