FRESHSTOCK SWEEPSTAKES 2019
Official Rules
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. MAKING A PURCHASE DOES NOT INCREASE CHANCES OF WINNING. The following promotion is intended for participants in the fifty (50) United States and the District of Columbia only and shall be governed by U.S. laws. Do not proceed if you are not a legal U.S. resident currently located and residing in the fifty (50) United States or the District of Columbia. Further eligibility restrictions are contained in the official rules below.
DESCRIPTION: NO PURCHASE NECESSARY TO ENTER OR WIN. The “FreshStock Sweepstakes 2019" ("Sweepstakes") will be accessible for entry via https://www.twitch.tv/Twitch on August 8, 2019 (“Entry Period 1”), August 15, 2019 (“Entry Period 2”), August 22, 2019 (“Entry Period 3”), August 29, 2019 (“Entry Period 4”), September 5, 2019 (“Entry Period 5”), September 12, 2019 (“Entry Period 6”), and September 19, 2019 (“Entry Period 7”) during the following time periods:
i. Beginning at 10:45am PT and ending at 11:00am PT (“Time Period 1”);
ii. Beginning at 11:20am PT and ending at 11:30am PT (“Time Period 2”); and,
iii. Beginning at 12:00pm PT and ending at 12:05pm PT (“Time Period 3”)
(Entry Periods 1-7 and Time Periods 1-3 collectively, the "Sweepstakes Period"). By participating in the Sweepstakes, each entrant (“Entrant”) unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Twitch Interactive, Inc., 350 Bush Street, 2nd Floor, San Francisco, CA 94104 USA (the “Sponsor”), whose decisions shall be final and legally binding in all respects.
ELIGIBILITY: This Sweepstakes is open only to legal residents of the fifty (50) United States and the District of Columbia who are physically located and residing therein, who have an existing Internet account (at Entrant’s cost) and email address and are at least eighteen (18) years of age and have reached the legal age of majority in his or her jurisdiction of residence prior to the start of the Sweepstakes Period (each an “Entrant” or, collectively, “Entrants”). Void where prohibited. Sponsor, Nike, Inc. and their employees, shareholders, officers, directors, agents, parent companies, affiliates, divisions, subsidiaries, agents, representatives and advertising agencies (collectively, "Sweepstakes Entities") are not eligible to participate in the Sweepstakes. Immediate family and household members of such individuals are also not eligible to enter or win. For purposes of the Sweepstakes, "Household Members" shall mean those people who share the same residence at least three months a year and "Immediate Family Members" shall mean parents, step-parents, legal guardians, children, step-children, siblings, step-siblings, or spouses.
HOW TO ENTER:
Internet access required at Entrant’s cost. To enter, during the Sweepstakes Period, (i) download and use the Hype Check extension (the “Hype Check Extension”), (ii) go to Twitch’s channel (/twitch) during the Sweepstakes Period, and (iii) click on a series of images using the Hype Check Extension during each episode of “Fresh Stock” to earn points. The top fifty (50) Entrants with the highest cumulative points earned during the Sweepstakes Period will receive one (1) entry.
A Twitch account is required to participate and can be obtained free of charge. There is a limit of one (1) entry per account Twitch account. All Entrants must have an existing Internet account and a valid email address at the time the Sweepstakes commences. No other methods of entry other than the entry method listed above will be accepted. Entries received from any person in violation of the above stated rules will be void.
Any deliberate attempt to manipulate the entry process may result in disqualification of the Entrant. Each Entrant must be the rightful owner (or have authorized use) of the email address and Twitch account used for entry. Incomplete, unreadable, or unintelligible entries will be disqualified. ELIGIBLE ENTRANTS MUST SUBMIT THE REQUESTED ENTRY INFORMATION IN ACCORDANCE WITH THESE OFFICIAL RULES. Participation in the Sweepstakes constitutes Entrant's understanding of and full and unconditional agreement to and acceptance of these Official Rules. Sponsor reserves the right to disqualify any Entrant that Sponsor determines to be in violation of any term contained in these Official Rules.
ODDS OF WINNING:
Odds of winning depend on the number of eligible entries received throughout the Sweepstakes Period.
WINNER SELECTION:
Sponsor will randomly select three (3) Grand Prize winners in a random drawing on or about September 29, 2019 from among all eligible entries received during the Sweepstakes Period.
WINNER NOTIFICATION:
Potential winners will be announced on September 29, 2019 at 12:00pm PT on Twitch’s channel /twitch and will be notified via the email address associated with their registered Twitch account via a Twitch message from a Twitch staff member. It is each Entrant’s responsibility to ensure that their email account is active and working. No other method of contact will be utilized. Each potential winner will be required to respond (as directed) to the notification within seventy-two (72) hours of notification. The failure to respond timely to the notification may result in forfeiture of the prize.
If a prize goes unclaimed or a potential winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines the prize for any reason prior to award, such potential winner will be disqualified and an alternate potential winner may be selected, at the sole discretion of the Sponsor. Potential winners may be required to verify their mailing address and may be required to execute and return an affidavit of eligibility, a liability release, and (where imposing such condition is legal) a publicity release (collectively, the “Prize Claim Documents”) covering eligibility, liability, advertising, and publicity issues. Prizes will not be awarded until all such properly executed Prize Claim Documents requested are returned. Sponsor reserves the right to disqualify anyone not fully complying with the Official Rules.
PRIZES:
GRAND PRIZE: One (1) pair of Nike Fear of God 1 sneakers to each Grand Prize winner. Approximate Retail Value (“ARV”) of each pair of sneakers: $500.00 USD. Total cumulative ARV of all prizes: $1,500.00 USD.
PRIZE WILL BE AWARDED “AS IS” WITH NO WARRANTY OR GUARANTEE, EITHER EXPRESS OR IMPLIED BY SPONSOR. Limit of one (1) prize per person using only one (1) email address throughout the Sweepstakes Period. Each winner is solely responsible for all federal, state, and/or local taxes and withholdings, and for any other fees or costs associated with the redemption of a prize. All prize details are at the sole discretion of the Sponsor. Prize winner cannot assign or transfer a prize to another person. If a prize cannot be awarded, a substitute prize of comparable or greater retail value may be awarded. The value of the prize represents Sponsor’s good faith determination of the maximum retail value thereof. No refunds or credit for changes are allowed. The ARV of the prize is subject to price fluctuations in the consumer marketplace based on, among other things, any gap in time between the date the ARV is estimated for purposes of these Official Rules and the date the prize is awarded or redeemed. Other restrictions may apply.
CONDITIONS OF PARTICIPATION/RELEASES: All federal, state, and local laws and regulations apply. By participating, each Entrant agrees to be bound by these Official Sweepstakes Rules and the decisions of the Sponsor, which shall be final in all respects. By participating in this Sweepstakes and/or by accepting any prize, each Entrant agrees to release the Sweepstakes Entities, and each of their respective parents, affiliates and subsidiaries, and their respective successors, employees, agents, representatives and assigns (collectively, the "Released Parties") from any and all actions, claims, injuries, death, losses or damages arising in any manner, directly or indirectly, from participation in this Sweepstakes and/or acceptance or use of a prize. Prize providers are not responsible for the promotion, administration, or fulfillment of this Sweepstakes. Each winner authorizes the Sweepstakes Entities to use his/her photo, video, name, voice, likeness, biographical data, city and state of residence in advertising, marketing, programming or promotional materials, worldwide in perpetuity, and on a winners’ list, if applicable, without further compensation unless prohibited by law. Winners may be asked to participate in select publicity activities, as determined at the sole discretion of the Sweepstakes Entities. Sweepstakes Entities are not obligated to use any of the above mentioned information or publicity materials, but may do so and may edit such information or materials, at Sweepstakes Entities sole discretion, without further obligation or compensation. The Released Parties shall not be liable for: (i) any injuries, losses, liabilities or damages of any kind including personal injury or death caused by the prize or resulting from acceptance, possession or use of a prize or from participation in the Sweepstakes; (ii) telephone system, telephone or computer hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors; (iii) data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials; (iv) late, lost, delayed, stolen, misdirected, incomplete, unreadable, inaccurate, garbled or unintelligible entries, communications or affidavits, regardless of the method of transmission; (v) any inability of winner to accept or use any prize (or portion thereof) for any reason and such prize or portion thereof shall be forfeited; or (vi) any printing, typographical, human administrative or technological errors in any materials or activities associated with the Sweepstakes. Sweepstakes Entities disclaim any liability for damage to any computer system resulting from participating in, or accessing or downloading information in connection with this Sweepstakes or use of a prize. Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend the Sweepstakes (or any portion of the Sweepstakes) at any time for any reason or should a virus, bug, computer problem, unauthorized intervention, extenuating circumstance or other problem/cause corrupt or inhibit the administration, security or proper play of the Sweepstakes and, in such situation, will select the winners at issue in a random drawing from among all eligible non-suspect entries received prior to and/or after such action or in such manner as deemed fair and appropriate by the Sponsor. Sponsor may prohibit Entrant from participating in the Sweepstakes or winning a prize if, in its sole discretion, it determines Entrant is attempting to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception, or any other unfair practices or intending to annoy, abuse, threaten or harass any other Entrants or Sweepstakes Entities representatives. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM PARTICIPATION IN THE SWEEPSTAKES. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK ANY AND ALL REMEDIES AVAILABLE.
INDEMNITY: Entrants shall indemnify, defend and hold harmless the Released Parties from and against any and all claims, damages, actions, liability, loss, injury or expense, including reasonable attorneys’ fees and costs, arising out of or in connection with: (a) any Entrant’s participation in the Sweepstakes; (b) a breach or allegation which if true would constitute a breach, of any Entrant’s representations, warranties or obligations herein; and (c) acceptance, possession, grant, or use of any prize, including without limitation, personal injury, death and property damage arising there from.
ARBITRATION PROVISION: This Sweepstakes is governed by the laws of the United States and the State of New York, USA, without respect to any choice of law or conflict of law principles that would result in the application of any law other than that of New York, USA. By participating in this Sweepstakes, each Entrant agrees that any and all disputes the Entrant may have with, or claims Entrant may have against, the Released Parties relating to, arising out of or connected in any way with (i) the Sweepstakes, (ii) the awarding or redemption of any prize, and/or (iii) the determination of the scope or applicability of this agreement to arbitrate, will be resolved individually and exclusively by final and binding arbitration administered by the National Arbitration Forum (the “Forum”) and conducted before a sole arbitrator pursuant to the Code of Procedure established by the Forum. The arbitration shall be held at a location determined by the Forum pursuant to the Code of Procedure, or at such other location as may be mutually agreed upon by the Entrant and Sponsor. The arbitrator’s decision shall be controlled by the terms and conditions of these Official Rules and any of the other agreements referenced herein that the applicable Entrant may have entered into in connection with the Sweepstakes. There shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only the Entrant’s and/or Sponsor’s individual claims and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. The arbitrator shall not have the power to award special or punitive damages against the Entrant or Released Parties. For more information on the Forum and/or the Forum's Code of Procedure, please visit their website at www.arb-forum.com. If any part of this Arbitration Provision is deemed to be invalid or otherwise unenforceable or illegal, the balance of this Arbitration Provision shall remain in effect and shall be construed in accordance with its terms as if the invalid or illegal provision were not contained herein.
PERSONAL DATA: Entrants agree that personal data including, but not limited to, name, mailing address, phone number, and email address may be collected, processed, stored and otherwise used for the purposes of conducting and administering the Sweepstakes. This data may also be used by Sponsor to verify an Entrant’s identity, postal address and telephone number in the event they are deemed a potential prize winner. The information provided to Sponsor will only be used by Sponsor as provided in Sponsor’s privacy policy. See Sponsor’s privacy policy at http://www.twitch.tv/user/legal?page=privacy_policy. Your information may also be transferred to countries outside of your jurisdiction of residence, including the United States. Such other countries may not have privacy laws and regulations that provide the same level of protection to those that exist in each Entrant’s jurisdiction of residence. By providing any data in connection with the Sweepstakes, Entrants hereby expressly consent to such transfers of your data to the United States or other countries.
WINNERS’ LIST/OFFICIAL RULES: To obtain any legally required list of the winners or a copy of these Official Rules, visit https://link.twitch.tv/hypecheck.
// End of Official Rules //
Online Abbreviated Rules:
NO PURCHASE NECESSARY. Open to legal residents of the 50 U.S., & D.C. 18+. Other restrictions apply. Entry periods on (i) August 8, 2019, (ii) August 15, 2019, (iii) August 22, 2019, (iv) August 29, 2019, (v) September 5, 2019, (vi) September 12, 2019, and (vii) September 19, 2019 during the following time periods accessible via https://www.twitch.tv/Twitch: (1) beginning 10:45am PT and ending at 11:00am PT; (2) beginning at 11:20am PT and ending at 11:30am PT, and (3) beginning at 12:00pm PT and ending at 12:05pm PT. Void where prohibited. Subject to Official Rules. Sponsor: Twitch Interactive, Inc.