BET INFORMATION SYSTEMS SWEEPSTAKES
OFFICIAL RULES AND DISCLAIMERS
OVERVIEW: BET Information Systems, Inc. is a mobile device application developer (“BET”). BET maintains a mobile application called Survey (the “App”), that is downloadable, without cost, from various application providers. At any given time, BET, will be sponsoring various sweepstakes on the App, on its website www.Survey.com (the “Website”), and its social media sites (the “Social Media”) (each a “Sweepstakes”, and collectively, the “Sweepstakes”). With respect to each Sweepstakes, the BET will identify a prize, the dollar value of such prize and the duration of the Sweepstakes (i.e., the time remaining).
PURCHASE: NO PURCHASE IS NECESSARY TO ENTER OR WIN ANY PRIZES IN ANY SWEEPSTAKES. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. The Sweepstakes are subject to all applicable federal, state, and local laws, it are void where prohibited. Winning individuals will be responsible for all taxes related to the award of any Sweepstakes prize. Each Sweepstakes begins at the time it is released, and ends at the time (including hour and minutes, i.e., the time remaining) noted with respect to such Sweepstakes (the “Sweepstakes Period”). Sweepstakes are predominantly sponsored by BET, whose principal business office address is 1 Beacon Street, 15th Floor, Boston MA, 02108. Certain Sweepstakes will be sponsored by a Sponsor other than BET, in which case the App will identify the particular Sponsor and the Sponsor’s principal business address.
ELIGIBILITY: The Sweepstakes are open to legal residents of all fifty (50) States in the United States as well as the District of Columbia, who are at least 18 years of age at the time of entry. Employees, officers and directors of any Sponsor, its parents, subsidiaries, affiliates, representatives and agencies, and members of their immediate families (spouses, parents, siblings and children, regardless of where they live) and those living in the same household are not eligible to enter or win. By entering a Sweepstakes, entrants agree to be bound by these official rules and disclaimers (these “Official Rules”), and the decisions of BET regarding the Sweepstakes are final and binding in all respects.
TO ENTER: All entries will be received online through the App, Website, and Social Media. Any eligible person who electronically logs into the App, Website, or Social Media may access any of the Sweepstakes. Each Sweepstakes may require an entrant to undertake a nominal action (e.g., watch a short advertisement, respond to a very brief survey, engage in minor social media interaction, etc.) prior to clicking to enter a Sweepstakes. Following this action, the entrant will click and be entered in that Sweepstakes. In some cases, Entrants may enter a Sweepstakes more than once. If an entry is not credited due to technical error, downtime, or similar computer service interruption, BET is not permitted to manually credit an entrant’s account.
SELECTION OF WINNERS: With respect to each Sweepstakes, at the end of each Sweepstakes Period, BET will conduct a random drawing from among all eligible entries received during the Sweepstakes Period. The odds of winning are based on the number of eligible entries received for a Sweepstakes. Sweepstakes prize winners will be notified by e-mail (to the e-mail address provided by the entrant), via the Message function of the App of the prize which they have been awarded (the “Award Notification”). If the selected prize winner does not respond within five (5) days after Award Notification is given, then that selected prize winner will be deemed to have forfeited his/her prize. Forfeited prized will be re-awarded by BET by random drawing to another eligible entrant in the Sweepstakes. Except to the extent prohibited by law, any Sweepstakes selected prize winner will be required to complete and return an affidavit of eligibility and liability/publicity release (the “Affidavit/Release”) The name of each Sweepstakes prize winner will be posted on the App, within five (5) days after such prize winner contacts BET based on his/her receipt of the Award Notification. If the selected Sweepstakes prize winner fails to sign and return the Affidavit/Release within the required time period, except to the extent prohibited by law, that selected Sweepstakes prize winner will be deemed to have forfeited his/her prize, and the prize will be re-awarded by BET as set forth above. EACH SWEEPSTAKES APP PRIZE WINNER IS SUBJECT TO VERIFICATION BY BET, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE SWEEPSTAKES.
PRIZES: Each Sweepstakes shall have only a single prize. Each prize shall consist of an item(s) of retail merchandise or retail services, or a gift card redeemable for certain item(s) of retail merchandise or services. All gift cards are redeemable with the specific businesses issuing such cards. There will be no substitutions, exchanges or variations made to prizes or gift cards that are awarded, or prizes which are redeemed with gift cards. It is the responsibility of each prize winner to redeem any gift card received as a prize. MERCHANDISE OR SERVICES RECEIVED AS A PRIZE, OR OBTAINED WITH GIFT CARDS RECEIVED AS A PRIZE, ARE RECEIVED WITHOUT WARRANTY BY BET OF ANY KIND, EXPRESS OR IMPLIED. Prizes for the Sweepstakes will have values generally between $25 – $500.
PRIZE RESTRICTIONS: Any and all applicable federal, state, and local taxes are the sole responsibility of the individual Sweepstakes prize winner. Prizes, gift cards received as prizes, and the merchandise or retail services for which such gift cards may be redeemed cannot be substituted, assigned, transferred, or redeemed for cash. BET will not replace any gift card prize that is lost or stolen once any gift card is delivered to a Sweepstakes prize winner. Gift cards may not be useable in conjunction with any other promotions or offers. Gift cards shall be redeemable as set forth thereon, and in accordance with applicable law.
MOBILE APPLICATION AND INTERNET CONDITIONS: BET shall not be responsible for any entries in the Sweepstakes that are not properly entered due to data corruption or otherwise not received correctly, or for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers or providers, computer equipment, software, failure of e-mail, or on account of technical problems or traffic congestion on the internet, with respect to the App, Website, Social Media or at any website or combination thereof, including injury or damage to entrant’s mobile device related to or resulting from participating in the Sweepstakes (or any Sweepstakes a portion thereof). BET shall not be responsible for any lost, misdirected or late entries into any Sweepstakes. BET reserves the right to cancel, terminate, modify or suspend the Sweepstakes in the event that the Sweepstakes (or any Sweepstakes a portion thereof) is not capable of running as planned, including because of infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures or any other causes beyond the control of BET which corrupts or affects the administration, security fairness, integrity or proper conduct of the Sweepstakes (or any Sweepstakes a portion thereof).
RELEASE AND LIMITATIONS OF LIABILITY: BY PARTICIPATING IN ANY SWEEPSTAKES, ENTRANTS AGREE THAT BET AND ANY OTHER APPLICABLE SPONSOR, AND ITS PARENTS, AFFILIATES, SUBSIDIARIES, REPRESENTATIVES, CONSULTANTS, CONTRACTORS, LEGAL COUNSEL, ADVERTISING, PUBLIC RELATIONS, PROMOTIONAL, FULFILLMENT AND MARKETING, WEB SITE PROVIDERS, WEB MASTERS, APP STORES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS (THE “RELEASED ENTITIES”), WILL HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY ENTRANTS AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE, OR USE OF A PRIZE, ENTRY, OR PARTICIPATION IN ANY SWEEPSTAKES OR IN ANY APP SWEEPSTAKES RELATED ACTIVITY, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY, OR MERCHANDISE DELIVERY. THE RELEASED ENTITIES ARE NOT RESPONSIBLE IF ANY PRIZE CANNOT BE AWARDED DUE TO ACTS OF GOD, ACTS OF WAR, NATURAL DISASTERS, WEATHER, BANKRUPTCY OR TERRORISM. BY PARTICIPATING IN ANY SWEEPSTAKES, PARTICIPANTS AGREE THAT THE RELEASED ENTITIES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY INJURIES, DAMAGES, OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES TO PERSONS, INCLUDING DEATH, OR TO PROPERTY ARISING OUT OF ACCESS TO AND USE OF INTERNET SITE WWW.SURVEY.COM, THE APP OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SAID SITE OR THE APP. EXCEPT WHERE PROHIBITED BY LAW, PARTICIPATION IN ANY SWEEPSTAKES CONSTITUTES WINNER’S CONSENT AND PERMISSION TO PRINT, PUBLISH, BROADCAST, AND USE, WORLDWIDE IN ANY MEDIA NOW KNOWN OR HEREAFTER DEVELOPED AT ANY TIME OR TIMES, EACH WINNER’S NAME, PORTRAIT, PICTURE, VOICE, LIKENESS AND BIOGRAPHICAL INFORMATION (INCLUDING BUT NOT LIMITED TO HOMETOWN AND STATE) FOR ADVERTISING, TRADE, AND PROMOTIONAL PURPOSES (INCLUDING THE ANNOUNCEMENT OF HIS OR HER NAME IN BROADCAST) WITHOUT ADDITIONAL CONSIDERATION, COMPENSATION, PERMISSION, OR NOTIFICATION. WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THE SWEEPSTAKES, INCLUDING THE APP AND THE PRIZES, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.
DISPUTES: Except where prohibited, entrant agrees that: (a) any and all disputes, claims and causes of action arising out of or connected with the Sweepstakes or the prize(s) awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the District of Massachusetts or the appropriate state court having jurisdiction in an over Boston, Massachusetts; (b) any and all claims, judgment, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes, but in no event attorneys’ fees; (c) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and BET in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the Commonwealth of Massachusetts, without giving effect to any choice of law or conflict of laws rules (whether of the Commonwealth of Massachusetts or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the Commonwealth of Massachusetts.
WINNERS LIST: All prize winners names and the prizes they have won will be listed on the App, Website, and/or Social Media. BET shall not be liable for technical, pictorial, typographical or editorial errors or omissions