NO PURCHASE NECESSARY TO ENTER OR WIN. MAKING A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. MANY WILL ENTER, ONE WILL WIN. The “Verizon’s Upgrade Your Game Sweepstakes” (the “Sweepstakes”) is sponsored by Barnes & Noble College Booksellers, (“Sponsor”), 120 Mountainview Boulevard, Basking Ridge, NJ 07920 and administered by Alliance Sweepstakes Services, Inc., 620 Park Ave. #332, Rochester, NY 14607 (the “Administrator”).
1. ELIGIBILITY: Open only to legal residents of the fifty (50) United States and the District of Columbia, who are at least eighteen (18) years of age or the age of majority, whichever is older, in their respective states of permanent residence at time of entry. Any entries not eligible for any reason will be disqualified from winning the prize. Employees, officers, and representatives of Sponsor, Administrator, Verizon and their parent, affiliates, subsidiaries, and advertising and promotion agencies involved in this Sweepstakes, and their immediate family members (parent, child, spouse, sibling and their respective spouses, regardless of where they reside) and/or those living in the same household of each, whether or not related, are not eligible to participate in or win the Sweepstakes. Void where prohibited by law. All applicable federal, state and local laws apply.
2. HOW TO ENTER: The Sweepstakes begins at 9:00:00 AM Eastern Time (“ET”) on December 4, 2021 and ends at 11:59:59 PM ET December 22, 2021 (the “Entry Period”). Follow the Sweepstakes link ( https://forms.bncollegemail.com/verizon-sweepstakes-dec2021 ) provided by Sponsor and follow the on-screen entry instructions on the Sweepstakes entry page to enter the “Verizon’s Upgrade Your Game Sweepstakes” Sweepstakes in the manner set forth in the offer by the Sponsor. Information required for entry includes your first and last name, e-mail address, and any other information required in the offer, (collectively, “Entry Information”). Your Entry Information will constitute one (1) entry (“Entry”) into the Sweepstakes. All Entries become the property of the Sponsor. By entering the sweepstakes, you agree to receive emails about special offers from Sponsor and Verizon. Your Entry will not be acknowledged or returned. Entrant acknowledges that entrant will not receive any compensation of any kind for its Entry. Entries must be received by the termination of the Entry Period to be eligible. One (1) winner will be chosen at the end of the Entry Period. Limit one (1) entry per unique email address and per person during the Entry Period. Entries generated by script, macro or other automated means are void, as are entries that are illegible, garbled, incomplete or that contain errors. Normal time, toll, connection and usage rates, if any, charged by your Internet service provider will apply. No other entry method will be accepted.
3. WINNER SELECTION/NOTIFICATION/VALIDATION: On or about December 23, 2021, one (1) winner will be selected in a random drawing from among all eligible entries received during the Entry Period and in accordance with these Official Rules. Proof of transmission is not proof of receipt. Sponsor’s computer is the official time-keeping device for each Sweepstakes and determines the order of receipt of entries. All decisions of the Sponsor are final and binding with respect to all matters related to the Sweepstakes. The potential Grand Prize winner will be contacted by the Administrator via phone and/or email and may be required to execute and return an Affidavit of Eligibility/Release of Liability/Publicity (where legal and required) form to the Administrator within seven (7) days of date of attempted notification. Noncompliance within this time period, with these Official Rules or the return of any prize/prize notification may result in disqualification and, at Sponsor’s discretion, an alternate potential winner may be selected by Sponsor at random or based upon Sponsor’s records of the next fastest entry received, in accordance with the offer. Prizes will be fulfilled approximately 2-4 weeks after winner validation. Any winner later determined to be ineligible may be required to return his/her prize. Any taxes on prize are the responsibility of the winner. The Affidavit sent to a potential winner may require that the winner provide his/her Social Security Number, which will be used solely for tax reporting purposes. The winner must note that the value of his/her accepted prize is taxable as income and an IRS Form 1099 will be filed in the name of the winner for the value of the prize. If (a) a prize or prize notification is returned as unclaimed or undeliverable to a potential winner, (b) a potential winner cannot be reached or does not reply to the notification/redemption email within three (3) calendar days from the first notification attempt, (c) a potential winner fails to return requisite document(s) within the specified time period, or (d) a potential winner is not in compliance with these Official Rules, then such person shall be disqualified and, at Sponsor’s sole discretion, an alternate winner may be selected.
4. PRIZE[S] AND ODDS: The prize mentioned in the Sweepstakes offer is the only prize available. The prize includes the items listed below with an estimated retail value of $4,957.09.
Gift cards are subject to separate terms and conditions imposed by issuer. No transfer, substitution or cash redemption will be awarded in lieu of stated prize except by Sponsor who reserves the right to substitute a prize (or portion thereof) of comparable or greater value, in its sole discretion, for any reason. All prize details are at the sole discretion of the Sponsor. Odds of winning depend on the total number of entries received throughout the Entry Period. No more than the stated number of prizes will be awarded. All other expenses associated with prize acceptance or usage not defined herein are the responsibility of the winner.
GENERAL RULES; LIMITATION OF LIABILITY: By participating, entrant (i) agrees to release and hold Sponsor, Administrator, Verizon, and each of their parents, affiliates, subsidiaries, and advertising and promotion agencies, and each of their respective directors, officers, employees and assigns (collectively, the “Released Parties”), harmless against any and all claims and liability arising in whole or in part, directly or indirectly, and to the extent permitted by law, out of participation in the Sweepstakes or misuse, nonuse or use of any prize (including any travel or activity related thereto) or injuries, death or losses or damages, including claims based on publicity rights, defamation, and/or invasion of privacy, that may arise from participating in this Sweepstakes or its related activities or the acceptance, possession, use or misuse of, or any harm resulting from the acceptance, possession, use or misuse of the prize; (ii) waives all rights to claim punitive, incidental and consequential damages, attorneys’ fees or any damages other than actual out-of-pocket costs incurred to enter; and (iii) agrees to be bound by these Official Rules. The winner also acknowledges that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to their prize. Entrant further agrees that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Sweepstakes. Released Parties are not responsible for incomplete, lost, late, damaged, inaccurate, illegible, misdirected, garbled, delayed or undelivered entries or referrals; or for technical hardware or software malfunctions or failures of any kind, lost, unavailable network connections, or failed, incomplete, garbled or delayed computer transmission, which may limit an individual’s ability to participate. Sponsor reserves the right in its sole discretion, to cancel, suspend or modify the Sweepstakes, or to disqualify any implicated entrant(s), (and their entries) if any fraud, virus, actions by entrants, technical or other error or problem, or any other occurrence corrupts or affects the administration, integrity, security, or proper play of the Sweepstakes, as determined by Sponsor in its sole discretion. In the event of cancellation, Sponsor reserves the right, at their sole discretion, to award the prize in a random drawing from among all eligible, non-suspect entries received up to the time of the event or action warranting such cancellation. In the event this Sweepstakes is cancelled prior to the stated end date, a notice will be posted to the Sweepstakes entry page. CAUTION: Any attempt by an entrant to deliberately damage any website or undermine the legitimate operation of the Sweepstakes is a violation of criminal and civil laws, and should such an attempt be made, Sponsor reserves the right to seek damages from any such entrant to the fullest extent permitted by law, including criminal prosecution. In the event of such a dispute or in the event a potential winner entered via internet and a dispute arises regarding a specific individual entitled to receive a prize, entries made by internet will be declared made by the authorized account holder of the email address submitted at the time of entry and any damage made to the web site will also be the responsibility of the authorized account holder. “Authorized account holder” is defined as the person who is assigned to an email address by an Internet access provider, online service provider or other organization that is responsible for assigning email addresses for the domain associated with the submitted email address. Released Parties are not responsible for any technical, mechanical, printing, typographical, human or other error relating to or in connection with the Sweepstakes, including, without limitation, errors which may occur in the administration of the Sweepstakes, the processing of entries, the announcement of the prize or in any Sweepstakes-related materials; or for any liability for damage to any computer system resulting from participating in, or accessing or downloading information in connection with this Sweepstakes. Released Parties are not liable in the event that any portion of the Sweepstakes is cancelled due to weather, fire, strike, acts of war or terrorism, pandemic, or any other condition beyond their control (a "Force Majeure Event").
EACH ENTRANT UNDERSTANDS AND AGREES THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY OF THE UNITED STATES ARE HEREBY EXPRESSLY WAIVED BY HIM/HER. SECTION 1542 READS AS FOLLOWS:
“CERTAIN CLAIMS NOT AFFECTED BY A GENERAL RELEASE. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
6. WINNER’S NAME; PUBLICITY: To request confirmation of the name, city, and state of each Winner, please send a self-addressed, stamped business size envelope, by February 15, 2022, to: Alliance/Verizon Sweepstakes Winners List Request, 620 Park Ave. #332, Rochester, NY 14607. By accepting a prize, where permitted by law, the winner grants to the Sponsor and its designees the right to print, publish, broadcast and use worldwide in all media without limitation at any time their full name, portrait, pictures, voice, likeness, and/or biographical information (“Winner Information”) for advertising, trade, marketing, and promotional purposes without further payment or additional consideration, and without review, approval or notification. Each winner accepts and acknowledges that neither Sponsor nor its designees shall be obligated to use his/her Winner Information and that Sponsor and its designees, in their sole discretion, shall have the right to refrain from using such Winner Information. Neither Sponsor nor its designees shall incur any liability whatsoever to the extent they choose to refrain from any exploitation of any of their rights herein.
7. GOVERNING LAW: This Sweepstakes and the rights and obligations of the Sponsor and participants will be governed by and controlled by the laws of the State of New Jersey, applicable to contracts made and performed therein without reference to the applicable choice of law provisions. All actions, proceedings, or litigation relating hereto will be instituted and prosecuted solely within the state and federal courts of the State of New Jersey. The parties consent to the jurisdiction of the state courts of New Jersey and federal courts located with such state with respect to any action, dispute, or other matter pertaining to or arising out of this Sweepstakes.
BY ENTERING THE SWEEPSTAKES, 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, 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) NOT TO EXCEED FIFTY DOLLARS ($50.00), 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 NOT TO EXCEED FIFTY DOLLARS ($50.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF.
9. NO IMPLIED ENDORSEMENT: The names of individuals, groups, companies, products and services mentioned herein, and any corresponding likenesses, logos and images thereof reproduced herein, have been used for identification purposes only and may be the copyrighted properties and trademarks of their respective owners. The mention of any individual, group or company, or the inclusion of a product or service as the prize, does not imply any association with or endorsement by such individual, group or company or the manufacturer or distributor of such product or service and, except as otherwise indicated, no association or endorsement is intended or should be inferred.
10. SEVERABILITY: The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. If any provision of the Official Rules is determined to be invalid or otherwise unenforceable, the other provisions will remain in effect and will be construed as if the invalid or unenforceable provision were not contained herein.
11. MISCELLANEOUS: These Official Rules contain the full and complete understanding with respect to the Sweepstakes and supersede all prior and contemporaneous agreements, representations and understandings, whether oral or written. The headings herein are for convenience only, do not constitute a part of these Official Rules, and shall not be deemed to limit or affect any of the provisions hereof. No amendment to, or waiver of, any provision of these Official Rules shall be effective unless in writing and signed by Sponsor. The waiver by Sponsor of any provision of these Official Rules shall not constitute a waiver of any other provision herein. The rights and obligations hereunder may not be assigned by Entrant, whether by operation of law or otherwise, without the prior written consent of Sponsor, and any attempted assignment in violation of the foregoing shall be null and void. These Official Rules shall be binding upon, and inure to the benefit of, the permitted successors and assigns of Sponsor, Administrator, and Entrant.
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