THETA LAKE COMPLIANCE SURVEY SWEEPSTAKES
NO PURCHASE, PAYMENT OR CONSIDERATION OF ANY KIND IS NECESSARY TO ENTER OR WIN A PRIZE IN THIS SWEEPSTAKES.
Completion of the Survey (defined below) will not improve an entrant’s chances of winning a prize. The Theta Lake Compliance Survey Sweepstakes (“Sweepstakes”) starts at 12:01 a.m. Eastern Time on April 1, 2021 and ends at 11:59 p.m. Eastern Time on April 30, 2021 (“Promotion Period”).
ENTRY: There are two (2) ways that you may enter the Sweepstakes (each referred to in these Official Rules as an “Entry Method” or, if in the plural, the “Entry Methods”). All entries become the property of Sponsor and will not be acknowledged or returned.
You will be entered into the Sweepstakes when you complete and submit The Theta Lake Compliance Survey (“Survey”) and provide the Sweepstakes entry-related information requested as part of the Survey. This method of entry is referred to herein as the “On-Line Entry Method.” The Survey is available at the following website, which you will be directed to depending on whether the Sponsor (defined below) or its delegates informs you about the Survey pursuant to, a website or an e-mail:
Should you wish to enter without utilizing the On-Line Entry Method (that is, without completing the Survey), you may do so by hand-printing your name, address, phone number, age and, if available, e-mail address on a 3″ x 5″ paper and mailing it to: Theta Lake Compliance Survey Sweepstakes Entry,1221 Chapala Street, Suite 6, Santa Barbara, CA 93101. (This method of entry is referred to herein as the “Alternate Entry Method.”) Alternate Entry Method entries must be hand printed, mailed separately and bear sufficient postage. Any incomplete or mechanically reproduced entries will be disqualified. Automated mail entries, or those made using script, macro, sweepstakes service, automated entry software, or facsimiles will NOT be accepted.
You will receive an entry into the Sweepstakes: (a) after you validly complete a Survey and choose to enter the Sweepstakes at the end of the Survey, or (b) after we receive an Alternate Entry Method submission from you. During the Promotion Period you may complete and submit only one (1) Survey. Each entrant is limited to one (1) entry, whether by On-Line Entry Method or Alternative Entry Method.
The Sweepstakes is sponsored by Theta Lake, Inc. (“Sponsor”). Sponsor is not responsible for illegible, lost, late or misdirected or postage-due entries, or for phone, electronic, network, computer, hardware or software malfunctions, failures or difficulties.
The Sweepstakes ends on April 30, 2021 at 11:59 p.m. Eastern Time, which is the deadline for entries completed by the On-Line Entry Method. Entries completed by the Alternate Entry Method must be postmarked by April 23, 2021 and received by April 29, 2021.
PRIZES: Fifteen (15) Prizes of $25 dollar Amazon Gift Cards (collectively, the “Prizes” or, if individually, the “Prize”) are available to be won. The total estimated retail value of all Prizes to be awarded is $375. Prizes may not be transferred or exchanged except at the discretion of the Sponsor. Taxes are the sole responsibility of each of the Prize winners (“Winners” or, if referenced individually, each a “Winner”). Amazon’s standard gift card terms apply to all Prizes.
WINNER SELECTION: Winners will be determined on or about May 1, 2021 by Sponsor, pursuant to a series of random drawings, during which the Winners of the fifteen (15) Prizes will be selected from amongst all eligible entries received by both Entry Methods. Each entrant will be eligible to win only one Prize. Odds of winning the Sweepstakes depend on the number of eligible entries received by both Entry Methods. An estimate of the likely number of entrants is 100. Winners will be notified by mail, phone, or e-mail. Return or rejection of the Prize notification within 5 days for any reason will cause the Prize to be forfeited and awarded to an alternate winner (also randomly selected from all eligible entries).
ELIGIBILITY: The Sweepstakes is open to legal residents of the 50 United States and the District of Columbia as well as legal residents of the United Kingdom who are 18 years of age or older at the time of entry. Employees, directors and agents of Sponsor and its affiliates, agencies and suppliers (collectively, the “Sweepstakes Entities”) and such persons’ immediate families and those who reside in the same household are not eligible to enter or win the Sweepstakes. VOID WHERE PROHIBITED BY LAW.
GENERAL: By entering the Sweepstakes, you accept and agree to be bound by these Official Rules and all decisions of the Sweepstakes Entities, which are to be deemed final, and to waive any right to claim ambiguity in these Official Rules. Sweepstakes entrants assume all risk of loss, damage, destruction, delay or misdirection of materials/mail/e-mail submitted to Sponsor. Sponsor reserves the right, in its sole discretion, without prior notice and at any time, to cancel, terminate or suspend the Sweepstakes should virus, bugs, non-authorized human intervention or other causes beyond the control of Sponsor corrupt or impair the administration of the Sweepstakes. In such cases, Sponsor may select the Winner from all eligible entries received prior to and/or after (if applicable) the action taken by Sponsor. At its sole discretion, Sponsor may disqualify any person whom it considers to have intentionally violated these Official Rules or any element of the Sweepstakes. Sponsor may prohibit an entrant from participating in the Sweepstakes or winning a Prize if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception (including the use of automated quick entry programs) or other unfair playing practices or intending to annoy, abuse, threaten or harass any other entrants or the Sweepstakes Entities. The Prizes will be awarded upon the condition that the Sweepstakes Entities shall have no liability whatsoever and shall be, and hereby are, released, discharged, indemnified, and held harmless for any typographical or other error in printing, offering or announcement of any Prize or for any injuries, losses, or damages of any kind to persons or property, including death, sustained, in whole or in part, directly or indirectly, in connection with or resulting from participation in the Survey or the Sweepstakes, including, without limitation, the winning and/or use of any Prize. Sweepstakes entrants agree to sign any documents that the Sponsor may request to evidence the foregoing. Without limiting the foregoing, the Sweepstakes and the Prizes are provided “AS IS” without representation of warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Some jurisdictions may not allow the limitations or exclusions of liability for incidental or consequential damages, or exclusion of the implied warranties, so some of the aforementioned limitations or exclusions may not apply. Check local laws for any restrictions or conditions regarding these limitations and/or exclusions. The Sweepstakes Entities are not responsible for technical, hardware, software or telephone failures of any kind, lost or unavailable network connections, fraud, incomplete, garbled or delayed computer transmissions, whether caused by Sponsor, users or by any of the equipment or programming associated with or utilized in the Sweepstakes, or by technical or human error which may occur and/or which may damage a user’s system, hardware or software or limit a participant’s ability to participate in the Sweepstakes. CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CIVIL LAW. SHOULD AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
Sponsor reserves the right, in its sole discretion, to cancel, terminate or suspend the Sweepstakes and will post notice of cancellation here. In the event of a dispute regarding Prize claims or entries received from multiple users having the same e-mail account, the Authorized Subscriber (defined herein) at the time of entry of the e-mail account used to enter will be deemed to be the entrant and must comply with these Official Rules. For purposes of the foregoing sentence, “Authorized Subscriber” is the natural person who is assigned the e-mail address by the Internet Service Provider, on-line service provider, or other organization responsible for assigning e-mail addresses.
RIGHTS GRANTED BY ENTRANTS: Except where legally prohibited, by entering the Sweepstakes all entrants:
- assign to Sponsor all rights (including present and future copyright, internal use rights, or trade and/or publicity purposes) in their Entry, including all information in the Survey, without limitation on a worldwide basis and whether in existence now or created in the future without any compensation;
- agree not to assert any moral rights in respect of their Entry, including all information in the Survey, and the publicity materials (wherever and whenever such rights are recognized) against Sponsor, its assigns, licensees and successors in title;
- undertake to Sponsor that their Entry, including all information in the Survey, is not in breach of any third party intellectual property rights and will not contain anything, which is defamatory, indecent, harassing or threatening and that they will indemnify Sponsor for any loss, damage or liability arising should this turn out not to be true. If relevant, Sponsor reserves the right, but not the obligation (and without limiting Entrants’ warranty and indemnity as set out above), to screen, filter and/or monitor information provided by the Entrant and to edit, refuse to distribute or remove the same;
- Confirm that entrants have the right, power and authority to grant the rights set out above and that entrants have obtained all consents and permissions necessary to grant Sponsor the same.
For the avoidance of doubt, all rights in the name and title of the Sweepstakes and the format rights for the Sweepstakes are Sponsor’s sole property and we may exploit the same at Sponsor’s absolute discretion.
WINNERS LIST: For the names of the Winners, mail a self-addressed, stamped envelope, to be received before April 29, 2021 to: Theta Lake Compliance Survey Sweepstakes Winner List, 1221 Chapala Street, Suite 6, Santa Barbara, CA 93101.
APPLICABLE LAW: These rules are governed by the laws of the State of California without giving effect to conflicts of law rules.
ARBITRATION: Except where prohibited by law, as a further condition of participating in the Sweepstakes, entrant agrees that (a) any and all disputes and causes of action arising out of or connected with the Sweepstakes or any Prize awarded, shall be resolved individually, without resort to any form of class action, and exclusively, by final and binding arbitration in accordance with the Federal Arbitration Act (“FAA,” Title 9 of the United States Code) under the auspices of the American Arbitration Association (“AAA”); (b) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (c) judgment upon such arbitration award may be entered in any court having jurisdiction. YOU HAVE A RIGHT TO OPT OUT OF THIS ARBITRATION PROVISION. IF YOU DO NOT AGREE TO THIS MANDATORY ARBITRATION PROVISION WITH REGARD TO THIS PROMOTION, THEN WITHIN THIRTY (30) DAYS FROM THE DATE OF YOUR ENTRY, YOU MAY OPT OUT OF THIS, AND ONLY THIS, PART OF THESE OFFICIAL RULES BY NOTIFYING THE SPONSOR OF SUCH OPT-OUT REQUEST BY PROVIDING WRITTEN NOTICE AND MAILING SUCH NOTICE TO: THETA LAKE COMPLIANCE SURVEY, 1221 CHAPALA STREET, SUITE 6, SANTA BARBARA, CA 93101 (ATTN: ARBITRATION REJECTION). Under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorney’s fees, and entrant further waives all rights to have damages multiplied or increased.
SPONSOR: Theta Lake, Inc., 1221 Chapala Street, Suite 6, Santa Barbara, CA 93101. Specific questions may be addressed to Marc Gilman at email@example.com.