NAMIWalks Sweepstakes | Official Rules
GROKNATION 2016 NAMIWalks SWEEPSTAKES
NO PURCHASE IS NECESSARY TO ENTER OR WIN A PRIZE. WINNER(S) 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, 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 13 TO SEE THE ARBITRATION AND DISPUTE RESOLUTION PROVISIONS.
THIS SWEEPSTAKES IS VOID IN PUERTO RICO AND WHERE PROHIBITED OR EXCLUDED.
THE SWEEPSTAKES IS OPEN ONLY TO NATURAL PERSONS WHO ARE LEGAL RESIDENTS OF THE UNITED STATES, INCLUDING THE DISTRICT OF COLUMBIA, AND WHO ARE 18 YEARS OF AGE OR OLDER AT THE TIME OF ENTRY. IF YOU ARE NOT A LEGAL RESIDENT OF THE UNITED STATES, INCLUDING THE DISTRICT OF COLUMBIA, OR ARE NOT OF SUFFICIENT AGE, YOU MAY NOT ENTER THE SWEEPSTAKES OR WIN A PRIZE. VOID WHERE PROHIBITED.
- SWEEPSTAKES DESCRIPTION. The GrokNation 2016 NAMIWalks LA SWEEPSTAKES consists of a random drawing (the “Sweepstakes”) in the 50 United States and the District of Columbia, (the “Territory”) that begins at 12:01 a.m. Pacific Daylight Time on August 15, 2016, and ends at 11:59 p.m. Pacific Daylight Time on October 1, 2016 (the “Sweepstakes Period”). Void in Puerto Rico, all US territories, and where prohibited. These Sweepstakes is governed by these Official Rules.
- SPONSOR. The Sweepstakes is sponsored by: GrokNation NAMIWalks Entry, c/o Gerber and Company, 1880 Century Park East #200, Los Angeles CA 90067-1600 (the “Sponsor”).
- ELIGIBILITY. The Sweepstakes is open only to natural persons who are legal United States residents physically located and residing in the fifty (50) United States and the District of Columbia who are at least eighteen (18) years of age or older at time of entry. Persons in the following categories are NOT eligible to participate: any person who on or after August 15, 2016, was or is an officer, director, employee, agent, or independent contractor of Sponsor, related entities, distributors, parents, affiliates, subsidiaries, advertising and promotion fulfillment agencies, retailers, and their immediate families (parent, child, sibling and spouse) and persons living in the same households as such individuals (whether related or not) (the “Sweepstakes Entities”). Entrants must be physically located in one of the fifty (50) United States or the District of Columbia at the time of entry.
- Agreement To Official Rules. Sweepstakes will be conducted in the Territory by Sponsor and each person who participates in the Sweepstakes (each an “Entrant”), and his or her legal guardian if the Entrant is subject to a guardianship agreement, unconditionally accepts and agrees to comply with, abide by, and have all participation subject to these Official Rules and the decisions of the Sponsor, which shall be binding with respect to all aspect of the Sweepstakes in the Territory. Sponsor reserves the right to determine Entrant’s eligibility based on the criteria set forth in these Official Rules.
- To Be Eligible To Win. Winning any prize requires that the potential winner of the prize is, and remains, in compliance with these Official Rules. Winner may be required to complete Prize Claim Documents to claim to determine eligibility or to claim a prize. Until a potential winner is verified to be eligible and in compliance with these Official Rules, 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. During the Sweepstakes Period, Entrants may enter once regardless of the method:
- Online Entry. During the Sweepstakes Period, Entrants must log on to either of Sponsor’s fundraising pages (http://www.namiwalks.org and search for the Mayim Bialik fundraising page, or GrokNation fundraising page) and make a donation of at least $1.00 to support Sponsor’s philanthropy. Entrant must then enter donation information and submit the form (“Entry”). All online submissions must include entrant’s first and last name, email address and be shared publicly or privately with Sponsor (“Entry Information”). Entry using this method is limited to one (1) Entry per person during the Sweepstakes Period (regardless of whether Entrant has made more than one donation). If more than one person resides at an address, only one person from that mailing address may be qualified to enter. If more than one person from the same address enters, only the entry for the first person to enter will be counted. All others will be disqualified. Multiple donations by a single Entrant made during the Sweepstakes Period will be totaled and Entrant will be entered into the highest qualifying category at the end of the Sweepstakes Period. Online access is required for the entry method. Normal Internet access and usage charges imposed by entrant’s online service provider or wireless carrier may apply. All required Entry Information must be completed in full. Use of any automated entry device or software is prohibited. False or deceptive Online Entries or acts, as determined by Sponsor in its sole discretion, will render the Entrant ineligible. Entrants represent and warrant that they have not purchased any kind of device or Internet service to submit an electronic Entry or participate in and/or enter the Sweepstakes.
- Without completing an online entry (alternate method of entry, “AMOE”). A Entrant can enter the Sweepstakes without having to complete an online entry by following the entry method described herein and legibly handwritten, by Entrant, Entrant’s complete name, mailing address, phone number, email, one (1) prize category for which Participant seeks entry, and age on an 3-inch by 5-inch white piece of standard copier paper, and mailing in a #10 business size envelope, with proper postage prepaid, to GrokNation NAMIWalks LA entry, c/o Gerber and Company, 1880 Century Park East #200, Los Angeles CA 90067-1600. All mailed entries must be postmarked no later than October 1, 2016, and received by October 5, 2016. Envelopes must be hand written; an entry received with a typed envelope will be disqualified. One entry per eligible Entrant is permitted during the Sweepstakes Period using this method so long as Entrant has not obtained an entry through any other method. Entrant shall not be entered into more than one prize category. Multiple entries will be disqualified. Typed or illegible entries will be disqualified. Sponsor is not responsible for lost, delayed, or misdirected mail. Any entry provided through the AMOE method that lacks sufficient postage will be disqualified. Proof of submission will not be deemed proof of receipt by Sponsor. No mechanical reproductions will be accepted. AMOE entries must contain all entry fields to be eligible, otherwise the entry is void.
- SWEEPSTAKES – PRIZES/ODDS/DETAILS. The odds of winning a prize in the Sweepstakes will depend on the actual number of valid entries received. One (1) prizes total is available for distribution in the Territory.
Potential winners will be selected in a random drawing from all eligible entries received during the Sweepstakes Period. By entering the Sweepstakes, Entrants fully and unconditionally agree to be bound by these rules and the decisions of the Sponsor, which will be final and binding in all matters relating to the Sweepstakes.
A. Random Draw. The drawing will occur on or about October 5, 2016. A random drawing from among all eligible entries will be conducted by a representative designated by Sponsor. Sponsor’s decisions are final and binding. Potential winners will be selected at random from among all eligible entries received.
B. Prizes. Forty-seven (47) Total Prizes are available in the Sweepstakes. The exact specifications of the prize is not guaranteed. Where possible, Sponsor will obtain the preferred specifications from the Potential Winner, however, Sponsor is not bound by any request or demand from the Potential Winner with regard to specifications of the prize. If the actual value of the prize is less than the stated ARV, the difference will not be awarded in cash. Prizes are non-transferrable. Sponsor is not responsible for lost or stolen prizes once awarded.
- $5 – 14 Donation Level – Ten (10) winners will each receive a digital audio file of a MAYIM BIALIK PERSONALIZED VOICEMAIL MESSAGE recording. Length, contents, and file format of message to be approved by Mayim Bialik prior to recording.
There is no Approximate Retail Value for this prize.
- $15 – $24 Donation Level – Five (5) winners will each receive a ten (10) minute SKYPE CALL with Mayim, at a mutually agreed upon time and date within three (3) months following the end of the Sweepstakes Period. Winner must select an available date/time as provided by Sponsor and be available during the selected time. The call will not be rescheduled unless Mayim has a schedule conflict or Winner advises Sponsor of an emergency situation sufficient to validate an accommodation for rescheduling the call. The call may not be recorded, live streamed, or broadcast in any manner.
There is no Approximate Retail Value for this prize.
- $25 -$49 Donation Level – Fifteen (15) winners will each receive a SMALL GIFT BASKET to include, but is not limited to: one (1) GrokNation Journal, select Beauty Products, and select Vegan Snacks.
Approximate Retail Value: $50
- $50 -$99 Donation Level – Ten (10) winners will each receive a MEDIUM GIFT BASKET to include, but is not limited to: One (1) GrokNation Journal, select Beauty Products, select Vegan Snacks, one (1) GrokNation “I’m With Mayim” T-Shirt in a size selected by winner (subject to availability), selected Autographed CDs, one (1) Gift Certificate for one (1) of the following: Food, Concert, Merchandise (exact Gift Certificate value & item to be determined by Sponsor).
Approximate Retail Value: $100
- $100 -$249 Donation Level – Five (5) winners will each receive a MEGA GIFT BASKET to include, but is not limited to: One (1) GrokNation Journal, select Beauty Products, select Vegan Snacks, one (1) GrokNation “I’m With Mayim” T-Shirt in a size selected by winner (subject to availability), select Autographed CDs, one (1) Gift Certificate for one (1) of the following: Food, Concert, Merchandise (exact Gift Certificate value & item to be determined by Sponsor), one (1) GrokNation “I’m With Mayim” Sweatshirt in a size selected by winner (subject to availability), Autographed The Big Bang Theory Cast Photos (subject to availability, as selected by Sponsor), one (1) Athletic Wear Gift Certificate, one (1) One (1) Year Online Membership to GAIA.com (which includes online yoga classes!), and one (1) pair of select Nike Sneakers (in a size selected by winner, subject to availability) (or Gift Certificate for the equivalent, at Sponsor’s sole discretion).
Approximate Retail Value: $350
- $250 or more Donation Level – Two (2) winners will each receive THE SUPER SIZED BASKET to include, but is not limited to: One (1) GrokNation Journal, select Beauty Products, select Vegan Snacks, one (1) GrokNation “I’m With Mayim” T-Shirt in a size selected by winner (subject to availability), select Autographed CDs, one (1) Gift Certificate for one (1) of the following: Food, Concert, Merchandise (exact Gift Certificate value & item to be determined by Sponsor), one (1) GrokNation “I’m With Mayim” Sweatshirt in a size selected by winner (subject to availability), Autographed The Big Bang Theory Cast Photos (subject to availability, as selected by Sponsor), one (1) Athletic Wear Gift Certificate, one (1) One (1) Year Online Membership to GAIA.com (which includes online yoga classes!) and one (1) pair of select Nike Sneakers (in a size selected by winner, subject to availability) (or Gift Certificate for the equivalent, at Sponsor’s sole discretion), and one (1) autographed copy of The Big Bang Theory Season 6 (BluRay OR DVD) (autographs subject to availability).
Approximate Retail Value: $500
C. 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 and, where lawful, a Publicity Release, 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 sent approximately within six weeks from date of verification. If verification results in forfeiture, you will not receive the prize. Upon prize forfeiture, no compensation will be given.
- RELEASE. By receipt of any prize, winners agree to release and hold harmless Sponsor, NAMI, CBS, Nike, Gaia, Mayim Bialik, GrokNation, Veggie Grill, Good Bites, Snoga Athletics, SpaRitual, Skype, Facebook, Twitter, 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.
- GENERAL PROVISIONS.
- Sponsor reserves the right to cancel, suspend and/or modify the 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 herein. Sponsor reserves the right, in its sole and absolute discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the song purchase mechanism or Sweepstakes or to be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike, fraudulent, deceptive, or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes 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 shall not constitute a waiver of that provision. Sponsor’s computer is the official timekeeping device for the Sweepstakes. Mail-in Entries which are not handwritten will be disqualified. Entries will not be acknowledged or returned.
- Each Entrant 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 Entrant to obtain more than the allowed number of entries by use of multiple/different/fictitious/false names, identities, accounts, emails, or any other methods shall void Entrant’s entry and Entrant will be disqualified from Participation in the Sweepstakes.
- Entrant agrees that the Sweepstakes and any prizes awarded are provided “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.
- 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 Entrant, 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; or (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. If for any reason Entrant’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 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.
- Governing Law. 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, or the rights of Entrant(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.
- Process. 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 in Phoenix, Arizona. 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 Entrant 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, the arbitrator shall not have the power or authority to award consequential, incidental, or punitive damages against the Sponsor.
- 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. BY PARTICIPATING IN THIS SWEEPSTAKES, EACH ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANT’S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO EVERY ENTRANT.
- Scope. 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, (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.
- Severability. 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.
- WINNERS LIST. Winner information can be obtained by sending a handwritten request with a Self-Address Stamped Envelope to GrokNation NAMIWalks Winners List, c/o Gerber and Company, 1880 Century Park East #200, Los Angeles CA 90067-1600 after October 15, 2016. Request must be received no later than December 1, 2016. Any request received after December 1, 2016 will be discarded.
© 2016 GrokNation. GrokNation and the GrokNation logo are trademarks of GrokNation. All trademarks, service marks, logos, products, or service names are the property of their respective owners. All Rights Reserved. This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, NAMI, CBS, Gaia, Nike, Skype, Veggie Grill, Snoga Athletics, SpaRitual, Facebook, Twitter, Google, or any other third-party not specifically designated by Sponsor. Information is being provided solely to Sponsor in accordance with these Official Rules.