RAKUTEN STEPHEN CURRY 3-POINT SNEAKERS SWEEPSTAKES
RAKUTEN STEPHEN CURRY 3-POINT SNEAKERS SWEEPSTAKES
OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR TO WIN. VOID WHERE PROHIBITED. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. PARTICIPATION IN THE RAKUTEN STEPHEN CURRY 3-POINT SNEAKERS SWEEPSTAKES CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE OFFICIAL RULES.
By entering the Rakuten Stephen Curry 3-Point Sneakers Sweepstakes (the “Sweepstakes”) you agree to abide by all terms and conditions referenced in these Official Rules. Individuals who participate in the Sweepstakes are referred to herein as “Entrants” and each an “Entrant.”
1. ELIGIBILITY: The Sweepstakes is only open to Entrants who are 18 years of age or older and a legal resident of the fifty (50) United States or the District of Columbia. Void where prohibited, taxed or restricted by law. Employees, agents, officers, directors, members, managers, and owners of Ebates Performance Marketing, Inc. d/b/a Rakuten Rewards (“Rakuten” or “Sponsor”), Stephen Curry, NBA Properties, Inc., the National Basketball Association (the “NBA”), and the NBA member teams (collectively, the “NBA Entities”), GMR Marketing LLC (“GMR” or “Administrator”) and each of their respective parents, subsidiaries, affiliates, owners, members, directors, managers, officers, employees and their advertising agencies, promotional partners and prize providers associated with this Sweepstakes (collectively, the “Sweepstakes Entities” and each a “Sweepstakes Entity”), and their immediate families (spouse, domestic partner, parents, legal guardians, grandparents, grandchildren, siblings, children and “step” of each) and those individuals living in their same household are NOT eligible to enter or win.
2. SWEEPSTAKES TIMING: Eligible Entrants may enter the Sweepstakes beginning at 9:00 a.m. Pacific Time (“PT”) on December 15, 2021 and ending at 9:00 a.m. PT on December 18, 2021 (the “Sweepstakes Period”).
3. HOW TO ENTER: Two Ways to Enter:
a) Enter Via Instagram: For one (1) entry via Instagram (a “Instagram Entry”), you must 1) create a new, free Instagram account or use your existing account on the Instagram Application (“Instagram”), 2) navigate to the @Rakuten Instagram account at https://www.instagram.com/rakuten and follow the @Rakuten Instagram account; 3) navigate to the promotional post on the Rakuten Instagram account (the “Instagram Post”); 4) tag three (3) friends in a comment to the Instagram Post. Limit one (1) Instagram Entry per person/Instagram account holder during the Sweepstakes Period.
Please Note: You must have a valid Instagram account and agree to Instagram, LLC Terms of Use and the Instagram, LLC Privacy Policy in order to be eligible to enter. Registration on Instagram must be completed before an entry may be submitted. Instagram is free to download and available for iPhone from the Apple application store and for Android from the Google Play store. Wireless phone charges and data rates apply. For the Instagram Terms, visit www.instagram.com.
Entries must be submitted by the authorized Instagram account holder. The identity or eligibility of the selected potential winner will be based on an Instagram handle and in the event of a dispute, the winning entry will be declared made by the Authorized Instagram Account Holder of the Instagram handle at the time of entry. “Authorized Instagram Account Holder” is deemed as the natural person who is assigned to the Instagram account from which the entry was received.
b) Enter Via Twitter: For one (1) entry via Twitter (a “Twitter Entry”) you must 1) create a new, free Twitter account or use an existing account on the Twitter Application (“Twitter”), 2) navigate to the @Rakuten Twitter account at https://www.twitter.com/rakuten and follow the @Rakuten Twitter account; 3) navigate to the promotional tweet on the Rakuten Twitter account (the “Tweet”), 4) tag three (3) friends and 5) re-tweet the Tweet. Entrant must not repeatedly post duplicate or near duplicate Tweets. Limit one (1) Twitter Entry per person/ Twitter account holder during the Sweepstakes Period.
Your Twitter setting must be “public.” If your Twitter account is private, your Entry will NOT be eligible. Entries will not be acknowledged. Please Note: You must have a valid Twitter account and agree to Twitter, LLC Terms of Use and the Twitter LLC Privacy Policy in order to be eligible to enter. Registration on Twitter must be completed before an entry may be submitted. Twitter is free to download and available for iPhone from the Apple application store and for Android from the Google Play store. Wireless phone charges and data rates apply. For the Twitter Terms, visit www. twitter.com.
Entries must be submitted by the authorized Twitter account holder. The identity or eligibility of the selected potential winner will be based on a Twitter handle and in the event of a dispute, the winning entry will be declared made by the Authorized Twitter Account Holder of the Twitter handle at the time of entry. “Authorized Twitter Account Holder” is deemed as the natural person who is assigned to the account from which the entry was received.
c) Entry Limit: Limit two (2) Entries, one (1) Twitter Entry and one (1) Instagram Entry per person/ authorized Twitter or Instagram account holder during the Sweepstakes Period (maximum of two (2) Entries). Any attempt by any person to submit more than the stated number of Entries by using multiple/different accounts, phone number accounts or any other methods will void that person’s Sweepstakes Entries and that person will be disqualified. Sweepstakes Entries must be submitted during the Sweepstakes Period in strict accordance with the instructions and restrictions in these Official Rules. Entries may not be made jointly or by any group and may only be made by an individual. Proof of submitting an Entry other than as detailed above (such as a printed or copied confirmation screen or message) does not constitute actual receipt of the entry for purposes of this Sweepstakes. Administrator’s computer will be the official time clock for each Sweepstakes. All Entries become the sole property of the Sponsor and receipt of Entries will not be acknowledged or returned. Those who do not follow all of the instructions, provide the required information in their Entry, or abide by these Official Rules will be disqualified.
4. WINNER SELECTION/PRIZES/APPROXIMATE RETAIL VALUES (“ARV”): The winners will be selected as follows:
On or around December 18, 2021, Sponsor will randomly select fifteen (15) potential Grand Prize winners from among all eligible Instagram Entries, and fifteen (15) potential Grand Prize winners from among all eligible Twitter Entries received during the Sweepstakes Period. Sponsor’s decisions regarding such random drawing will be final. Odds of winning the Grand Prize depend on the number of eligible entries received during the Sweepstakes Period.
Thirty (30) Grand Prizes: One (1) Pair of Custom Curry Flow 8 Basketball Shoes (brand and type of sneakers are determined at the sole discretion of the Sponsor). The ARV of each Grand Prize is $160. Limit one (1) Grand Prize per Grand Prize winner.
The Approximate Retail Value of all prizes combined: $4,800
Any and all guarantees and warranties for merchandise prizes are subject to the manufacturer’s terms and conditions, and winners agree to look solely to such manufacturers for any such warranty or guarantee claim. Certain conditions and restrictions apply.
No portion of the prize may be transferred or substituted, except by Sponsor (in its sole discretion), which reserves the right to substitute any portion of the prize with a prize of equal or greater value for any reason, including, without limitation, prize unavailability. All expenses not specifically identified as included in the prize are the sole responsibility of the winners. The prizes, and all elements thereof, are subject to availability. Acceptance, participation in and/or use of a prize is at winner’s sole risk and Sponsor is not responsible for any damages whatsoever including special, indirect, or consequential damages, arising out of or in connection with the use and/or misuse of a prize.
Winners will be solely responsible for any and all federal, state and local taxes and fees and other expenses associated with his/her prize receipt and/or use that are not expressly included in the prize description.
5. WINNERS & PRIZE FULFILLMENT: The winners will be notified, confirmed and prizes fulfilled as follows:
Grand Prize Winners: The potential Grand Prize winners will be notified on or about December 20, 2021 via direct message to their Instagram or Twitter accounts the potential Grand Prize winners used to enter. The potential Grand Prize winners will have forty-eight (48) hours from the time of notification to respond by completing the digital form linked to in the direct message confirming their eligibility, first and last names, email addresses, shipping addresses and daytime phone numbers and will be required to respond within forty-eight (48) hours of notification. Failure to respond to the Instagram or Twitter direct message within the designated time periods will result in automatic forfeiture of the Grand Prize.
The Grand Prize will be shipped to confirmed Grand Prize winners at the addresses provided by the Grand Prize winners approximately six (6) weeks following winner confirmation. Return of any prize notification or prize as undeliverable may, in the Sponsor’s sole discretion, result in disqualification and forfeiture of prize. Upon prize forfeiture, no compensation will be given, and an alternate winner may be selected at random as the potential Grand Prize winner, time and circumstances permitting. Sponsor and Administrator are not responsible for any lost or stolen prizes after shipment.
6. PUBLICITY AUTHORIZATION: Except where prohibited by law, Entrant’s entry or a prize winner’s acceptance of a prize constitutes Entrant’s and the prize winner’s irrevocable, sub-licensable, absolute right and permission for the NBA Entities and Sweepstakes Entities to use, publish, post or display Entrant’s name, photograph, likeness, statements, biographical information, voice, city and state address, prize information, any quotes attributable to him or her and any other indicia of persona (regardless of whether altered, changed, modified, edited, used alone, or used with other material in the NBA Entities and Sweepstakes Entities’ sole discretion) for any purpose, including but not limited to advertising, trade, promotional and publicity purposes on a worldwide basis, and in all forms of media now known or hereafter devised, in perpetuity, without further authorization, opportunity to review, approval, notification, or compensation of any kind and each Entrant releases NBA Entities and all Sweepstakes Entities from any and all liability related thereto. Nothing contained in these Official Rules obligates the NBA Entities and Sweepstakes Entities to make use of any of the rights granted herein and the Sweepstakes prize winners waive any right to inspect or approve any such use. In order to participate in the Sweepstakes, Entrants will be required to supply certain information about themselves during the Registration process. Sponsor has specified on the Official Online Entry Form which information is mandatory in order to participate in the Sweepstakes. This information will be used by Sponsor for the purposes of administering the Sweepstakes and may be shared with NBA Entities and other Sweepstakes Entities. The personal information will be collected, processed and used in accordance with Sponsor’s Privacy Policy.
7. GENERAL CONDITIONS: The Sweepstakes Entities are not responsible for late, lost, damaged, misdirected, incomplete, illegible, undeliverable, destroyed, and/or lost, late, misdirected, undeliverable or incomplete entries due to system errors or failures, or faulty transmissions and/or entries not received resulting from any hardware or software failures of any kind, lost or unavailable network connections, or failed, incomplete or garbled computer or telephone transmissions, or for any problems or technical malfunction(s) of any telephone network or lines, computer online systems, servers or providers, computer equipment, or entries not received by Sponsor on account of technical problems or traffic congestion on computer networks, or any combination thereof, including any injury or damage to participant’s or any other person’s computer related to or resulting from participating in the Sweepstakes or downloading any material for the Sweepstakes, or other telecommunications malfunctions which may limit an Entrant’s ability to participate. Sponsor may prohibit an Entrant from participating in the Sweepstakes or winning the 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, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other Entrants or Sponsor representatives. Any attempt by any person to deliberately damage any website or undermine the legitimate operation of the Sweepstakes is 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. If for any reason this Sweepstakes is not capable of running as planned, including, but not limited to, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, or any other causes beyond the reasonable control of Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes, then Sponsor reserves its right at its sole discretion to cancel, terminate, modify or suspend the Sweepstakes.
To the maximum extent permitted by law, IN NO EVENT WILL THE SWEEPSTAKES ENTITIES BE RESPONSIBLE OR OTHERWISE LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RELATED TO THE SWEEPSTAKES, INCLUDING ANY ACCESS TO OR USE OF THE WEBSITE OR ANY DOWNLOADING FROM OR PRINTING MATERIAL FROM THE WEBSITE. EVERYTHING ON THE WEBSITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. WINNERS AGREE THAT ALL PRIZES ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY, REPRESENTATION, OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, WHETHER NOW KNOWN OR HEREINAFTER ENACTED, RELATIVE TO THE USE OR ENJOYMENT OF THE PRIZE, INCLUDING, WITHOUT LIMITATION, ITS QUALITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. FURTHER, NO RESPONSIBILITIES ARE ACCEPTED FOR ANY ADDITIONAL EXPENSES, OMISSIONS, DELAYS, OR RE-ROUTING RESULTING FROM ANY ACTS OF ANY GOVERNMENT OR AUTHORITY.
8. ADDITIONAL TERMS: This Sweepstakes is subject to all applicable federal, state and local laws. By entering, Entrant agrees to accept and abide by these Official Rules and agrees that any dispute with regard to the conduct of this Sweepstakes, rule interpretation or award of prize, shall be resolved by GMR and/or Sponsor, whose decision shall be binding and final. By entering, Entrant agrees to be notified using the contact information provided in the Entrant’s Official Online Entry Form by the Sponsor and/or GMR for the purposes of the administration of this Sweepstakes. By participating, Entrant agrees to release and hold harmless the Sweepstakes Entities from any injury, loss or damage to person, including death or property damage due in-whole or in-part, directly or indirectly to the acceptance, use, or misuse of a prize (including any travel/activity related thereto), participation in any Sweepstakes-related activity, or participation in the Sweepstakes. Sponsor is not responsible for any typographical, printing, or other error in the printing of these Official Rules, or any network, computer, mechanical, electronic, human or other errors or problems in connection with this Sweepstakes, including, without limitation, any errors or problems which may occur in connection with the administration of the Sweepstakes, the processing of Sweepstakes Entries, phone calls, or emails, or in the announcement of prizes, including such error that may give an erroneous indication that a prize has been won. All Sweepstakes Entries become the property of the Sponsor and are not returnable.
9. DISPUTES/GOVERNING LAW: Except where prohibited, as a condition of participating in this Sweepstakes, each Entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate state or federal court located in San Francisco, California; (ii) any and all claims, judgments and awards on behalf of Entrant shall be limited to actual out-of-pocket costs incurred, if any, including costs associated with entering this Sweepstakes, but in no event attorneys’ fees, and in no event to exceed two hundred fifty dollars ($250); and (iii) under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased; and (iv) this Sweepstakes and any dispute arising under or related thereto (whether for breach of contract, tortious conduct or otherwise) will be governed by the internal laws of the State of California without giving effect to its conflicts of law or choice of law principles or rules that would cause the application of any other state’s laws.
10. WINNERS’ LIST: To receive the name of the winners, please send a self-addressed, stamped envelope to be received by December 31, 2021 to: Rakuten Stephen Curry 3-Point Sneakers Sweepstakes Winners’ List, Attn: Promotions Department, 5000 South Towne Drive, New Berlin, WI 53151.
Sponsored by Ebates Performance Marketing, Inc. d/b/a Rakuten Rewards, 160 Spear St, Floor 19, San Francisco, CA, 94105.
The Sweepstakes is administered by GMR Marketing LLC, 5000 South Towne Drive, New Berlin, WI, 53151.
The Sweepstakes is not in any way sponsored, endorsed, administered by, or associated with Instagram, Twitter Inc, or any other social media platform.