NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE THE CHANCES OF WINNING.
ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ENTRIES RECEIVED. SWEEPSTAKES VOID WHERE PROHIBITED BY LAW. AN AFFIDAVIT OF ELIGIBILITY, RELEASE OF LIABILITY AND/OR PRIZE ACCEPTANCE AGREEMENT MAY BE SEPARATELY REQUIRED. ONLINE REGISTRATION AND INTERNET CONNECTION MAY BE REQUIRED. ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND PARTICIPANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.
BY ENTERING OR OTHERWISE PARTICIPATING IN THE SWEEPSTAKES, YOU AGREE TO THESE OFFICIAL RULES (“RULES”), WHICH ARE A CONTRACT, SO READ THEM CAREFULLY. WITHOUT LIMITATION, THIS CONTRACT INCLUDES GRANTS OF RIGHTS AND INDEMNITIES TO THE SWEEPSTAKES ENTITIES FROM YOU, MANDATORY ARBITRATION OF DISPUTES AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
The sponsor of the Sweepstakes is Nixon, Inc., a California corporation with a principal address at 701 S. Coast Hwy 101, Encinitas California, 92024, United States (“Sponsor”).
This Sweepstakes is only open to those eligible participants who properly enter the Sweepstakes as described herein, and who are 18 or older as of the date of entry. The Sweepstakes is only open to legal residents of the District of Columbia and the Fifty (50) United States of America, unless otherwise prohibited by law. Employees, directors and officers of Sponsor, its respective affiliates, subsidiaries, advertising and promotion agencies, suppliers co-promotion partners and any other Sweepstakes prize suppliers (collectively “Sweepstakes Entities”), and their immediate family members and all others residing in the same household of such employees are not eligible to participate in the Sweepstakes. The Sweepstakes is subject to all applicable federal, state, and local laws and regulations, and void where prohibited.
Agreement to Rules:
By participating in the Sweepstakes, participants agree to be fully and unconditionally bound by these Rules, and participants represent and warrant that they meet the eligibility requirements set forth herein. In addition, participants agree to accept the decisions of Sponsor and which shall be final and binding in all respects relating to the Sweepstakes. Failure to strictly follow the Rules may result in disqualification from the Sweepstakes and/or forfeiture of any prize(s) received.
The Sweepstakes begins at 12:00am Pacific Daylight Time (“PDT”) on June 1, 2019, and ends at 11:59 pm PDT on May 31, 2021. The Sweepstakes consists of four (8) separate entry periods as set forth immediately below (“Entry Period(s)”). Each Entry Period begins at 12:00 am PDT on the first date of each Entry Period and ends at 11:59 pm PDT on the last date of each Entry Period. All online entries must be received by 11:59:59 PM PST on the last day of the applicable Entry Period to be considered. Sponsor’s computer will be the official timekeeping device for the Sweepstakes. Mail-in entries (as described below) must be post-marked no later than the last date of the applicable Entry Period to be considered for that Entry Period.
|1||June 1, 2019 (12:00 am PDT)||August 31, 2019 (11:59 pm PDT)|
|2||September 1, 2019 (12:00 am PDT)||November 30, 2019 (11:59 pm PDT)|
|3||December 1, 2019 (12:00 am PDT)||February 29, 2020 (11:59 pm PDT)|
|4||March 1, 2020 (12:00 am PDT)||May 31, 2020 (11:59 pm PDT)|
|1||June 1, 2020 (12:00 am PDT)||August 31, 2020 (11:59 pm PDT)|
|2||September 1, 2020 (12:00 am PDT)||November 30, 2020 (11:59 pm PDT)|
|3||December 1, 2020 (12:00 am PDT)||February 29, 2021 (11:59 pm PDT)|
|4||March 1, 2021 (12:00 am PDT)||May 31, 2021 (11:59 pm PDT)|
How to Enter:
Eligible participants may enter the Sweepstakes in one of two ways:
- Free Alternate Method of Entry (“AMOE”): If you do not want to post a product review online, you may still enter the Sweepstakes through the AMOE. To do so, legibly hand print on a plain 3” x 5” card or paper your complete name, mailing address, email address, and the statement “Nixon Write a Review Sweepstakes,” and mail postage-prepaid to: Nixon, Inc., Attn: Write a Review Sweepstakes, 2091 Rutherford Rd #125 Carlsbad, CA 92008. Mailed entries must be postmarked by the last day of the applicable Entry Period to be considered for that Entry Period, and received by Sponsor no later than fourteen (14) days after the last date of that Entry Period. Limit one entry per postage-prepaid envelope and one entry per customer. Incomplete, illegible, or postage-due entries will be disqualified. Mailed entries will be considered submitted on the postmarked date if received by Sponsor within fourteen (14) days; entries received by Sponsor more than fourteen (14) days after the postmarked date will be ineligible to enter or win this Sweepstakes.
Eight (8) total prizes, one (1) for each Entry Period, will be awarded, and consist of a $250.00 Nixon gift card (“Prize”), valid for thirty (30) days for use on nixon.com. Winners will be notified via email originally provided when entering, and will receive their Prize by email. Actual/appraised value may differ at time of Prize award. The specifics of the Prize shall be solely determined by the Sponsor. No cash or other Prize substitution is permitted except at Sponsor’s sole discretion. The Prize is nontransferable. Any and all Prize related expenses, including without limitation any and all federal, state, and/or local taxes shall be the sole responsibility of each winner. Any unclaimed Prize will be forfeited. A Prize, if legitimately claimed, will be awarded, but Sponsor is not responsible for and will not replace any lost, mutilated or stolen Prize. If the winner does not accept or use the entire Prize, the unaccepted or unused part of the Prize will be forfeited and Sponsor will have no further obligation with respect to that Prize or portion of the Prize. Acceptance of Prize constitutes permission for Sponsor to use winner’s name, likeness, and entry for purposes of advertising and trade without further compensation, unless prohibited by law.
The odds of winning depend on the number of eligible entries received. Each eligible entry received during each Sweepstakes period has an equal chance of winning.
Winner Selection and Notification:
Winners of the Sweepstakes will be selected by Sponsor in a random drawing within four (4) weeks following the conclusion of each Entry Period, and from all eligible entries submitted online or by mail for that Entry Period. Entries submitted during any given Entry Period are limited to the drawing for that Entry Period (based on the postmarked date if entry is submitted by mail) and will not be entered into any subsequent Entry Period drawing. Winners will be notified via email to the email address they entered the Sweepstakes with within five (5) days following the winner selection. Sponsor shall have no liability for a winner’s failure to receive notices due to winner’s spam, junk e-mail or other security settings or for winner’s provision of incorrect or otherwise non-functioning contact information. If the selected winner cannot be contacted, is ineligible, fails to claim the prize within fifteen (15) days from the time award notification was sent, or fails to timely return a completed and executed declaration and releases as required, prize may be forfeited and an alternate winner selected. The receipt by winner of the prize offered in this Sweepstakes is conditioned upon compliance with any and all federal and state laws and regulations. ANY VIOLATION OF THESE RULES BY ANY WINNER (AT SPONSOR’S SOLE DISCRETION) WILL RESULT IN SUCH WINNER’S DISQUALIFICATION AS WINNER OF THE SWEEPSTAKES AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.
Requirements of Potential Winner:
Potential winners are subject to verification by Sponsor, whose decisions are final and binding in all matters related to this Sweepstakes. You are not a winner of any prize unless and until your eligibility has been verified and you have been notified that verification is complete. Except where prohibited, potential winners may be required to timely complete and return an affidavit of eligibility (including a declaration of compliance with these Rules), a Form W-9 (for tax reporting purposes), a comprehensive liability waiver and publicity release, and/or other documents requested by Sponsor. If a potential winner fails to sign and return these documents within the required time period, an alternate potential winner may be selected in his/her place in a random drawing of all remaining eligible entries.
Rights Granted By Participants:
By entering this Sweepstakes, participants understand that the Sweepstakes Entities, anyone acting on their behalf, and their respective licensees, successors and assigns, will have the irrevocable right, where permitted by law, without any further notice, review or consent, to print, publish, broadcast, distribute, and use, worldwide in any media now known or hereafter in perpetuity and throughout the world, participant’s entry, including, without limitation, the entry and winner’s name, portrait, picture, voice, likeness, image or statements about the Sweepstakes, and biographical information as news, publicity or information and for trade, advertising, public relations and promotional purposes without any further compensation. By entering the Sweepstakes participants agree to receive email newsletters periodically from Sponsor. Participants may opt-out of receiving these communications at any time by clicking the unsubscribe link in the newsletter.
Suspension / Modification / Termination:
Sponsor reserves the right, in its sole discretion to cancel, terminate, modify or suspend the Sweepstakes should (in its sole discretion) a virus, bug, non-authorized human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Sweepstakes. In such case, Sponsor may select the winners from all eligible entries received prior to and/or after (if appropriate) the action taken by Sponsor. Sponsor reserves the right at its sole discretion to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Sweepstakes or website or violates these Rules. Sponsor has the right, in its sole discretion, to maintain the integrity of the Sweepstakes, to void votes for any reason, including, but not limited to, multiple entries from the same user from different IP addresses, multiple entries from the same computer in excess of that allowed by sweepstakes rules, or the use of bots, macros or scripts or other technical means for entering. Any attempt by an participant to deliberately damage any web site or undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil laws 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.
Limitation of Liability:
By entering participants agree to release and hold harmless Sweepstakes Entities and their subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers and directors from any liability, illness, injury, death, loss, litigation, claim or damage that may occur, directly or indirectly, whether caused by negligence or not, from (i) such participant’s participation in the Sweepstakes and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof, (ii) technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network, hardware or software; (iii) the unavailability or inaccessibility of any transmissions or telephone or internet service; (iv) unauthorized human intervention in any part of the entry process or the Sweepstakes; (v) electronic or human error which may occur in the administration of the Sweepstakes or the processing of entries. Participants further understand and agree that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived. Participants acknowledge that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims. BY ENTERING THE SWEEPSTAKES, PARTICIPANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (2) UNDER NO CIRCUMSTANCES WILL ANY PARTICIPANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND PARTICIPANT 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 NOT TO EXCEED TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (3) PARTICIPANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND PARTICIPANT 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 YOU.
THIS SWEEPSTAKES IS GOVERNED BY THE LAWS OF THE UNITED STATES OF AMERICA AND CALIFORNIA, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Sweepstakes, participants agree that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or connected with this Sweepstakes, shall be resolved by mandatory, binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) as supplemented by AAA’s Supplementary Procedures for Consumer-Related Disputes. The arbitration shall be conducted in San Diego, California, and the Federal Arbitration Act, and not any state law concerning arbitration, shall apply. The arbitration award shall be final and exclusive, and the prevailing party in the arbitration may file an action in court to confirm and to enforce the arbitration award. Any such action, or any claim, cause of action or proceeding not subject to arbitration as set forth in this Section, shall be filed and adjudicated in a state or federal court in San Diego County, California, and all parties agree to submit to the personal jurisdiction of those courts. Participants irrevocably waive any rights to seek and/or obtain injunctive or other equitable relief and any defense of forum non conveniens. Should either party pursue any other judicial or administrative action with respect to any matter included within the scope of this binding arbitration provision, the responding party will be entitled to recover its costs, expenses and attorneys’ fees incurred as a result of such action. Further, any and all disputes, claims and causes of action arising out of or connected with a Sweepstakes, or any prize awarded, will be resolved individually, without resort to any form of class action.