Best Egg OpTech Sweepstakes
OFFICIAL RULESBy entering, participants agree to be bound by these Official Rules and any Specific Terms communicated, Sponsor’s Privacy Policy, and the decisions of the Sponsor, which are final and binding. Please carefully read these Rules. If you do not agree to the Rules, you should not participate in the Promotion or any element thereof; entering will constitute your acceptance of these Rules. The Promotion and any element thereof: are offered at Sponsor’s sole and absolute discretion, without obligation; may at any time be terminated, cancelled, modified or extended in whole or in part as applicable by Sponsor in its sole discretion and/or any time period extended, shortened, or modified. Any modification will be applied prospectively from the time announced, and not retroactively.
NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. INTERNET ACCESS REQUIRED TO ENTER. Void where prohibited or restricted by law.
ARBITRATION NOTICE: BY ENTERING, YOU AGREE THAT DISPUTES BETWEEN YOU AND ANY PROMOTION ENTITY ARISING OR RELATING TO THE PROMOTION AND ANY ELEMENT THEREOF WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A JURY TRIAL, CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. See Disputes/Arbitration provision.
OVERVIEW
The Promotion pertains only to Best Egg exhibit hours for 2024 OpTech, which takes place on Monday, October 21, 2024 from 3:00pm – 6:30pm and on Tuesday, October 22, 2024 from 10:30am – 6:00pm (“Event”). Selected potential winner(s) will be contacted after the Event. The Sweepstakes will be governed by these official rules (the “Official Rules”), which will generally apply and are incorporated by this reference into every Sweepstakes, and any Sweepstakes specific terms such as prize quantities/details, time periods or instructions that vary from these general Official Rules etc., will be communicated in connection with the particular Event Sweepstakes (“Specific Terms”). The Specific Terms are incorporated herein, will supplement and be in addition to these Official Rules. For ease of reference, where applicable, all Sweepstakes and related Specific Terms and activities are referred to collectively herein as the “Promotion”. The Specific Terms will be communicated in connection with each specific Sweepstakes, through a call-to-action communicated during the Event (“Sweepstakes CTA”).
ELIGIBILITY
The Promotion is offered in the fifty (50) United States including D.C. (“U.S.”) to individuals who are attendees of 2024 OpTech and physically residing in the U.S., 18 years of age or older (“Participants”). Employees, officers and directors of Best Egg, Inc. (“Sponsor”), its parent, subsidiary and affiliated companies, advertising and promotion agencies and any other individuals or entities, including Promotion partners and/or prize suppliers, manufacturers and retailers, and their respective talent, and any others who are engaged directly or indirectly in the development of, the production, distribution or review of materials for, or the administration, execution or implementation of the Promotion (collectively the “Promotion Entities”) and persons in the immediate family of such individuals (spouse, parent, child, sibling, partners and their respective spouses, foster and step-relations) regardless of where they reside, or those living in their same household (whether or not related) as any person in any of the preceding categories are not eligible to enter or win a prize.
PROMOTION PERIOD
Entry period will run from October 21, 2024 from 3:00pm – 6:30pm EST through October 22, 2024 from 10:30am – 6:00pm EST (“Entry Period”). The Sweepstakes Entries will not be accepted once the opportunity to enter the Sweepstakes is no longer available during the Event. Eastern time will be the applicable time zone for the Promotion. Participants are solely responsible for determining the correct time zone in their respective jurisdictions; Promotion Entities disclaim all liability or responsibility relating thereto. The Best Egg platform’s server/computer is the official time keeping device for the Promotion.
AGREEMENT BY PARTICIPANT/USE OF INFORMATION
The information provided will be used as stated herein and as stated in Sponsor’s Privacy Policy (The Best Egg Privacy Policy – BestEgg.com (incorporated herein by reference). By participating in the Promotion, each Participant fully and unconditionally agrees to be bound to and accepts the Rules, Privacy Policy, and any additional terms and conditions specific to the Promotion or a Sweepstakes communicated by Sponsor and/or Promotion Entity, and the decisions of the Sponsor (and its authorized representatives) which are final and binding in all matters. By submitting an Entry (as defined below), Participants agree to be contacted by Sponsor with Promotion and/or Sweepstakes related communications. The Promotion and any element thereof, are in no way sponsored, administered or affiliated with any social media platform.
TO ENTER
It is anticipated that during the applicable Entry Period, eligible Participants may enter the Sweepstakes by completing the official entry form by providing their contact information and agreement to the Rules and pressing submit (“Entry”). There is no purchase of any item required to enter or win. Any and all information, materials and content submitted become part of an Entry and are governed by the Rules. Limit one (1) Entry per person per Sweepstakes. Any Entry that does not (in Sponsor’s sole discretion) appear to be legal, accurate, truthful, compliant, submitted in good-faith, or that fails to follow all steps and include all requirements and information required may be disqualified.
ENTRY SPECIFICS
Entry for each Sweepstakes must be timely received by Sponsor. Sponsor has the right to verify Participants’ eligibility and compliance with the Rules and, on the basis of its investigation, to disqualify any Entry/Participant at any time and require immediate prize return if applicable. Entries may only be submitted by an individual; group or commercial submissions are not permissible. Incomplete, invalid, unsuitable, or otherwise non-compliant Entries (as determined in Sponsor’s absolute discretion) will not be eligible. If, upon review, Sponsor (or its authorized representative) is unable to determine that an Entry and/or Participant is eligible, compliant, or reasonably suspects that it/he/she is not eligible or compliant in whole or in part, the Entry as a whole may be disqualified. Proof that an Entry was uploaded does not constitute proof or evidence that it was received within the Entry Period or eligible for a Sweepstakes. Entries will not be acknowledged or returned. Entries submitted via any other entry method than stated will not be accepted. Participants may not (whether apparent or suspected) enter through a sweepstakes/contest club or exchange site (or similar method, whether or not paid), with multiple or false identities, accounts, handles, IP addresses, or devices, or use multiple e-mail and/or street addresses, or use any other device or artifice to enter or participate. Engaging directly or indirectly in any (apparent or suspected) artifice, cheating, fraud, spamming, phishing, harassment, on-line clubs (or similar methods), exchange sites, bot/robotic, automatic, AI generated, macro, programmed or like participation methods as determined in Sponsor’s sole and absolute discretion, will void all such Entries, and disqualify from the Promotion any Participant suspected of using/benefitting from such methods.
Without limiting the foregoing, an Entry will be disqualified if Sponsor believes the Entry is not in the spirit of the Promotion, is not compliant herewith, or awarding a prize to any person may have a detrimental impact on Sponsor, the Promotion, or any of Sponsor’s brands, products or services or those of its Promotion Entities and/or partners. In the event of a dispute as to the identity of a Participant, the authorized account holder of the email account used in connection with the Entry will be deemed to be the Participant, provided eligible.
Normal internet access and device usage charges imposed by your mobile plan and/or on-line service may apply to Entry via mobile device. For those Participants entering with a mobile device: Promotion may not be available via all mobile carriers. Messaging & data rates apply to internet access via mobile devices. Other charges may apply; check your mobile plan for rates/details. Consent is not a condition of purchase.
Any trademarks, logos, brand names, venues, sponsorships or any other intellectual property appearing in any way in connection with the Promotion, a Sweepstakes, prizing, or any Entry are the property of their respective owners, which are not sponsors or affiliated with this Promotion in any way.
RANDOM DRAWING/ODDS/WINNER ANNOUNCEMENT
It is anticipated that two (2) potential winners will be selected in a random drawing (“selected winners”) conducted by Sponsor (or its authorized representative) after the end of the Sweepstakes Entry Period from among all eligible Entries received for that respective Sweepstakes. Odds of winning depend on the number of eligible entries received for the applicable Sweepstakes. Non-winning Entries will not carry over into subsequent Entry Periods or Sweepstakes. Selected winners will be notified via email inbox by the Sponsor. The selected winner will then have the time stated in the email to provide information or follow the instructions communicated by Sponsor. Any selected winner who receives an email prize notification is not a final winner and has not yet won at that point; winning status and prize award are subject to verification and compliance, and once determined a winner will be given instructions to claim their prize. If a selected winner cannot be reached with one attempt using the contact information (in Sponsor’s discretion) provided, declines or refuses the prize for any reason, fails to follow the instructions, fails to timely respond, or reply on or within the time specified by Sponsor in any notification, is non-compliant, or is found to be ineligible, they will forfeit the prize and an alternate selected winner may be randomly selected in Sponsor’s sole discretion. Once notified, a selected winner will not be notified again. Promotion Entities shall have no liability for any communication and/or prize notification that is intercepted, not received, not delivered, misdirected dur to privacy settings or to spam or junk folders, not timely acted upon, or otherwise not responded to by a selected winner for any reason whatsoever, and the prize will be forfeited. After one additional unsuccessful attempt to award a prize to an alternate selected winner in any particular Sweepstakes, that prize may remain unawarded.
Prize or prize notifications that are unawarded, unclaimed, undelivered, misdelivered, refused, or returned will not be re-awarded. Depending on the prize in a particular Sweepstakes, Participants understand and agree that potential winner(s) may be required to sign, have witnessed and return a Declaration of Eligibility, Liability and Publicity Release (winner “Release”) within the time specified by Sponsor, or else such prize will be forfeited.
PRIZES/Approximate Retail Value (“ARV”)
It is anticipated that there will be one (1) prize for each Winner ranging in value up to approx. $575. If different, prize(s) available to be awarded in a Sweepstakes will be as stated in the Sweepstakes CTA, including available prize quantities, denominations and approx. retail values. Prize award is subject to verification of eligibility and compliance with these Official Rules and Specific Terms, and Release, if any. Each Prize bundle includes (1) iPad, (1) Apple Pencil, and (1) Best Egg tech case OR (1) $500 gift card. Any gift card, voucher or certificate issued as a prize if any is for promotional purposes only, may not be replaced by Sponsor if lost, misplaced, stolen, damaged or destroyed, and is subject to the terms and conditions of issuer. Prizes shipped within the U.S. only where USPS ships. Limit one (1) prize bundle per person. Any difference between the stated ARV and actual value of a prize will not be awarded as cash or otherwise. Any and all applicable local, state, and federal taxes and all expenses not specifically stated herein are solely the responsibility of a winner of a prize $600 or more, if applicable. Winners are advised to seek independent counsel regarding tax implications of their prize winning, if applicable. Only the description and number of prizes stated is/are available to be awarded. In no event will Promotion Entities be responsible to award more than the stated number of prizes, or prizes in different denominations than stated for the respective Sweepstakes. Prizes will be awarded only assuming sufficient eligible Entries are received for that particular Sweepstakes. If because of technical, typographical, mechanical, communication or other errors or for any other reason, there are more claims for a prize than prizes offered for a Sweepstakes, and only if considered equitable and feasible by Sponsor, a random drawing will be held among all eligible non-suspect claimants in such category to award such prize for the respective Sweepstakes. Prizes cannot be assigned, transferred, redeemed for cash, or substituted, except by Sponsor who may, at its sole discretion, substitute a prize, or any item therein with a prize or substitute item of equal or greater value. Prizes, and any element thereof, including any products received as a prize, may not be sold, resold, auctioned, bartered, or placed into any other unauthorized channels of distribution. Any prize pictured or communicated in connection with a Sweepstakes is for illustrative purposes only and may not be the actual prize awarded. WITH THE EXCEPTION OF ALL VALID MANUFACTURER’S WARRANTIES WITH RESPECT TO A PRIZE, PRIZES IN THE PROMOTION ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
INDEMNIFICATION & RELEASE
BY PARTICIPATING, PARTICIPANTS AGREE TO THE FULLEST EXTENT PERMITTED BY LAW TO RELEASE, DISCHARGE AND HOLD HARMLESS THE SPONSOR, OTHER PROMOTION ENTITIES, AND THEIR PARENT, AFFILIATES AND SUBSIDIARY COMPANIES, ADVERTISING AND PROMOTION AGENCIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, INDEPENDENT CONTRACTORS, REPRESENTATIVES AND AGENTS, AND THE APPLICABLE SOCIAL MEDIA PLATFORM (“RELEASED PARTIES”) FROM AND AGAINST ANY AND ALL ALLEGED AND/OR ACTUAL CLAIMS, CAUSES OF ACTION, DEMANDS, LOSSES, SETTLEMENTS (WHETHER OR NOT LITAGATION IS COMMENCED), LIABILITIES AND DAMAGES OF ANY KIND WHATSOEVER EXISTING NOW OR ARISING IN THE FUTURE (INCLUDING, WITHOUT LIMITATION, BODILY INJURY, PERSONAL INJURY, DEATH, DISABILITY AND PROPERTY DAMAGE, VIOLATION OF PROPRIETARY, PUBLICITY, PRIVACY OR ANY OTHER RIGHT), COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES, COURT COSTS, SETTLEMENT AND DISBURSEMENTS) DIRECTLY OR INDIRECTLY ARISING OUT OF USE OF THE ENTRY IN WHOLE OR IN PART, THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF A PRIZE, PARTICIPATION IN THIS PROMOTION AND A SWEEPSTAKES AND/OR PRIZE RELATED ACTIVITIES (OR INABILITY TO PARTICIPATE), ACCESS TO ANY SHOW OR WEBSITE (OR INABILITY TO ACCESS), AND/OR ANY OTHER PROMOTION RELATED ACTIVITY. By entering and/or accepting a prize, Participants and winners covenant to the fullest extent permitted by law not to sue any Released Party or cause them to be sued regarding any matter released above, and not to disaffirm, limit or rescind these releases. A waiver by one or more of the Promotion Entities of any term in these Official Rules does not constitute a waiver of any other provision. Any provision determined to be invalid shall be struck from these Official Rules and the remainder shall continue in full force and effect.
LIMITATIONS OF LIABILITY
Promotion Entities are not responsible for any incorrect or inaccurate information, whether caused by any network or streaming service, website users, human error, tampering, hacking or by any of the equipment or programming associated with or utilized in the Promotion or any element thereof and assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, incompatibility, communications failure, theft, loss or destruction of Entries, nor for the failure to capture Entry or other information in any Sweepstakes or part thereof. Promotion Entities are not responsible for injury or damage to Participants’ or to any other person’s computer and/or mobile device related to or resulting from downloading materials from or use of any device, network, or website. Without limiting any other provision herein, if for any reason the Promotion or any element thereof is not capable of running as planned by reason of, but not limited to, tampering, unauthorized intervention, fraud, force majeure, technical or other failures or errors, or any other causes similar or dissimilar which Sponsor deems, in its sole opinion, could corrupt or affect the administration, security, fairness, integrity or proper conduct of the Promotion or any element thereof, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Promotion or any element thereof and may select the applicable Sweepstakes winner(s) from non-suspect, eligible Entries received prior to the action or as otherwise may be deemed equitable by Sponsor. In the event of any discrepancy, ambiguity, inconsistency, printing or any other error or miscommunication in any Show, advertising, brochures, Promotion materials, announcements and/or any other information or communications by any person/entity in whatever media/medium relating to this Promotion or any element thereof, these Official Rules shall govern.
GENERAL CONDITIONS
Neither Sponsor nor any of the Promotion Entities are responsible for lost, late, misdirected, incomplete, unintelligible, illegible, misdirected, undelivered, or stolen entries, or for lost, interrupted or unavailable satellite, network, server, devices, Internet Service Provider (ISP), website, platform, or other connections availability, accessibility or traffic congestion, or miscommunications, or failed equipment, computer, network, telephone, satellite, cable hardware, software or lines, or technical failure, or jumbled, scrambled, delayed, or misdirected transmissions, or network, hardware or software malfunctions, failures or difficulties, incompatibility, or errors of any kind whether human, mechanical, electronic or network, or the incorrect or inaccurate capture of any information, nor for the failure to capture any such information. ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION OR ANY ELEMENT THEREOF MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION.
FORCE MAJEURE
Promotion Entities shall not be liable to Participants, winner(s) or any other person or entity for failure to execute the Promotion or any element thereof or supply a prize, or any part thereof, by reason of any act of God, any action(s), regulation(s) order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, terrorist act, cyber-attack, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, supply chain issues, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, cancellation or delay of any kind, epidemic or pandemic, or any similar or dissimilar event beyond their reasonable control.
PUBLICITY RIGHTS
By participating in the Promotion or any element thereof, whether or not deemed a winner, Participants grant (and agree to confirm that grant in writing if requested) permission for Sponsor and/or Sponsor’s authorized representatives the right to use his/her name (in whole or in part), information (including but not limited to hometown and state), likeness, image, voice, and statements for any and all reasons and purposes, including but not limited to winner notification and disclosure requirements, promotion, trade, commercial, and publicity purposes, at any time or times, in all media now known or hereafter discovered (including without limitation during or in connection with any Show and the internet including Sponsor’s social media platforms and those of third parties whether or not connected with the Promotion), worldwide, including but not limited to on the World Wide Web and Internet, without notice, review or approval and without additional compensation except where prohibited by law.
DISPUTES/ARBITRATION
THIS PROMOTION AND ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES, OR THE RIGHTS AND OBLIGATIONS OF PARTICIPANT, SPONSOR, OR ANY OTHER PROMOTION ENTITY IN CONNECTION WITH THE PROMOTION SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE UNITED STATES AND THE STATE OF DELAWARE WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Promotion, to the fullest extent permitted by law, Participants agree that any and all disputes that cannot be resolved between the parties and causes of action arising out of or connected with this Promotion shall be resolved individually, without resort to any form of class action or a jury trial, exclusively before a neutral one person binding arbitration located in or near Wilmington, Delaware having jurisdiction. Under no circumstances will Participant be permitted to obtain awards for, and Participant hereby waives all rights to claim punitive, incidental, consequential, and any other damages (other than for actual out-of-pocket expenses) and any and all rights to have damages multiplied or otherwise increased.
WINNERS LIST
For name of prize winner(s) over $25, submit a written request to the Sponsor.
SPONSOR
Best Egg, 3419 Silverside Road Wilmington, DE 19810