Official Sweepstakes Rules
NO PURCHASE NECESSARY TO ENTER OR WIN. ODDS OF WINNING DEPENDENT ON NUMBER OF ENTRIES RECEIVED. A PURCHASE DOES NOT IMPROVE YOUR ODDS OF WINNING. IF APPLICABLE, CANADIAN RESIDENTS MUST CORRECTLY ANSWER A SKILL TESTING QUESTION TO CLAIM A PRIZE. VOID WHERE PROHIBITED BY LAW.
These Official Sweepstakes Rules (the “Official Sweepstakes Rules”) apply to the sweepstakes sponsored by Fun Sized Vids, having an address at 18723 Via Princessa #121 Santa Clarita, CA 91387, (the “Sponsor”). Sweepstakes entrants are responsible for reviewing and understanding these Official Sweepstakes Rules prior to entering the Sweepstakes. By entering into the Sweepstakes (defined below) you accept the terms and conditions of these Official Sweepstakes Rules and agree to be legally bound by them.
The Sweepstakes is intended only for residents where offering and use of the Platform is lawful. The Sweepstakes is governed by Canadian law.
To be eligible to enter the Sweepstakes and to be eligible to win a Prize, a person must be, at the time of entry into the Sweepstakes:
no younger than 18 at the time of entry into the Sweepstakes; and a permanent, legal resident of a jurisdiction where offering and use of the Platform is lawful. Notwithstanding the foregoing, a person is ineligible to enter the Sweepstakes and ineligible to win a Prize if they are a resident of the province of Quebec, or a resident of Puerto Rico, Guam, the U.S. Virgin Islands or other U.S. territories.
Additionally, if you are under the age of majority in your jurisdiction but are thirteen (13) years of age or older, to be eligible to enter the Sweepstakes and to be eligible to win a Prize, you must also have received the consent of your parent or legal guardian to participate in this Sweepstakes.
Employees, officers, and directors (including immediate family members and members of the same household of such persons, including common law spouses) of the Sponsor, Administrator, each of their affiliated companies or agents, and each of their respective advertising or promotional agencies, are not eligible to enter the Sweepstakes.
The Sponsor and Administrator shall have the right at any time to require proof of identity and/or eligibility to participate in the Sweepstakes.
Failure to provide such proof may result in disqualification. All personal and other information requested by and supplied to the Sponsor or Administrator for the purpose of the Sweepstakes must be truthful, complete, accurate and in no way misleading.
The Sponsor and Administrator each reserve the right, in their sole discretion to disqualify any entrant should such an entrant at any stage supply untruthful, incomplete, inaccurate or misleading personal details and/or information.
The Sweepstakes commences at the time of the initial giveaway announcement and ends at the time listed in the announcement (the “Sweepstakes Period”). All entries must be received by that closing date in the announcement post. (the “Sweepstakes Closing Date”)
The Sweepstakes computer system is used to govern all computer and time-related aspects of the Sweepstakes and is the official time keeping device for the Sweepstakes.
How to enter Sweepstakes.
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER THE SWEEPSTAKES. To enter the Sweepstakes:
Entry Methods may include:
Social engagement entry: If available, to enter into the Sweepstakes with a social engagement, eligible entrants must click any of the social engagement icons and follow the instructions as prompted by the Platform. Entrants will receive the number of entries that correspond to the selected social engagement option.
To enter using other entry method: If available, the Platform may from time to time offer other entry methods not specified in these Official Sweepstakes Rules. If such an entry method is offered, to enter into the Sweepstakes, the eligible entrants must follow the instructions for such entry method as prompted by the Platform; Entries must be received by 2:30PM -10:30 GMT on Nov 11th, 2020.
The prizes available to be won consist of the items listed in the announcement declaration, to be delivered and fulfilled solely by the Sponsor (each, a “Prize”). You are responsible for all costs not expressly described as being included as part of the Prize, including, without limitation, the cost of procuring any video-game necessary to access the Prize, any subscription fees for such video-game, internet and data costs, electricity costs, and computer hardware, video-game console, or mobile device costs.
Neither the Sponsor, Administrator, will be held responsible in any manner whatsoever should the winner (a) not be satisfied in any way with the Prize; or (b) be incapable of accessing the Prize.
It is your responsibility to ensure you are able to access and use the Prize. For example, this may require procuring any video-game necessary to access the Prize, paying subscription fees for such video-game, having access to the internet, and possessing sufficiently capable computer hardware, video-game console, or mobile device.
The Prize must be accepted as awarded without substitution and is not transferable or for resale and has no cash surrender value. The Sponsor reserves the right, in its sole and absolute discretion, and for any reason whatsoever, to substitute a Prize for one of approximately equal or greater value without liability.
THE WINNER IS SOLELY RESPONSIBLE FOR PAYING ALL TAXES AND FOR ALL TAX REPORTING ASSOCIATED WITH THE RECEIPT OR USE OF THE PRIZE. IF YOU ARE THE WINNER, YOU AGREE TO COOPERATE WITH THE SPONSOR’S OR ADMINISTRATOR’S REASONABLE REQUESTS IN CONNECTION WITH COMPLETION AND SUBMISSION OF APPLICABLE TAX FORMS AND ANY OTHER REQUIRED TAX FILINGS OR COMPLIANCE MATTERS AND CONSENT TO THE DISCLOSURE TO THE SPONSOR OF YOUR PERSONAL INFORMATION IN CONNECTION WITH THE SAME. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, FOR TAX REPORTING PURPOSES, IF THE WINNER IS A RESIDENT OF THE U.S. THEY MAY BE REQUIRED TO PROVIDE THE SPONSOR OR ADMINISTRATOR WITH A VALID TAX IDENTIFICATION NUMBER OR SOCIAL SECURITY NUMBER AND THE SPONSOR MAY ISSUE AN IRS FORM 1099-MISC IN THE WINNER’S NAME.
Selection of Winner
A random draw will be conducted by an automated computer system on Nov 11th, 2020 (the “Draw Date”) at 2:30PM -10:30 GMT, amongst all eligible entries received.
Odds of being selected for a Prize depends on the total number of eligible entries received during the Sweepstakes Period.
The selected entrant will be contacted either by email, or notification on the Platform (each a “Notice”) immediately upon the conclusion of the draw. You agree that you will be solely responsible for any costs you incur in connection with Notices you receive.
If the selected entrant cannot be contacted within 24 hours of the results of the draw, or if a selected entrant or winner has been disqualified under section 5.9 or 8.9, his/her entry will be disqualified and another eligible entrant will be randomly selected from the remaining eligible entries and the process above will be repeated until such time as contact is made with a selected entrant or there are no more eligible entrants. By entering the Sweepstakes, you agree that the Sponsor, Administrator, are not responsible for: (a) lost, undeliverable, rejected, illegible, corrupted, misappropriated, or misdirected Notices; (b) telecommunication or electrical malfunctions, unavailability, degradation, failures, or errors; (c) incorrectly collected information; or (d) human interference.
If applicable, prior to being declared a winner, if the selected entrant is a resident of Canada, they must first correctly answer without assistance of any kind, whether mechanical, electrical, or otherwise, a mathematical skill-testing question posed to the selected entrant by the Sponsor or Administrator within five minutes after being notified that he or she is the selected entrant. In the event that the selected entrant incorrectly answers the mathematical skill-testing question, he/she will be disqualified and another eligible entrant will be randomly selected and the above process will be repeated until such time as there is one confirmed Prize winner for each Prize or no more eligible entries are available.
Subject to section 5.5, an eligible entrant who has been selected pursuant to the random draw who has not been disqualified is a winner.
If the Social Media Account (or other applicable user account) associated with the winning entry is shared by more than one person, all such persons will be bound by these Official Sweepstakes Rules but only the authorized account holder of the Social Media Account (or other applicable user account) will be deemed the winner. If the Sponsor or Administrator is unable to determine which person is the authorized account holder of the Social Media Account (or other user account) associated with the winning entry, or if there is more than one authorized account holder of the Social Media Account, then the winner will be disqualified from the Sweepstakes and their Prize will be forfeited without any recourse or refund. In such a circumstance, the Sponsor or Administrator is not under any obligation to hold an additional random draw for another winner.
The Sponsor or Administrator may disqualify a selected entrant or winner from the Sweepstakes and their Prize will be forfeited without any recourse or refund if, in the arbitrary discretion of the Sponsor or Administrator, the Sponsor or Administrator is of the belief that:
the Social Media Account (or other applicable user account) associated with the winning entry was created for the sole purpose of entering the Sweepstakes;
the owner or control person of the Social Media Account (or other applicable user account) has entered the Sweepstakes with additional accounts; or
the winning entry was submitted through automated means.
If a person is disqualified under this Section, the process described in section 5.4 will occur.
Release & Indemnity
BY ENTERING IN THE SWEEPSTAKES, YOU HEREBY RELEASE, HOLD HARMLESS, AND FOREVER DISCHARGE THE SPONSOR, ADMINISTRATOR, FACEBOOK, INC., TWITCH INTERACTIVE, INC., YOUTUBE, LLC, TWITTER, INC., DISCORD INC., MICROSOFT CORPORATION, AND EACH OF THEIR AFFILIATED AND RELATED COMPANIES, BUSINESS PARTNERS, ADVERTISING AND PROMOTIONAL AGENCIES, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUCCESSORS AND ASSIGNS AND ALL OTHERS ASSOCIATED WITH THE DEVELOPMENT, ORGANIZATION, AND/OR EXECUTION OF THE SWEEPSTAKES (COLLECTIVELY, THE “RELEASEES”), FROM AND AGAINST ANY AND ALL MANNER OF ACTION, CAUSES OF ACTION, SUITS, DEBTS, COVENANTS, CONTRACTS, LIABILITIES, CLAIMS, AND DEMANDS, INCLUDING LEGAL FEES AND EXPENSES, WHATSOEVER, (COLLECTIVELY, “CLAIMS”) INCLUDING BUT NOT LIMITED TO, CLAIMS BASED ON NEGLIGENCE, BREACH OF CONTRACT, AND FUNDAMENTAL BREACH, AND LIABILITY FOR PHYSICAL INJURY, DEATH, OR PROPERTY DAMAGE, WHICH YOU OR YOUR ADMINISTRATORS, HEIRS, SUCCESSORS, OR ASSIGNS MIGHT HAVE OR COULD HAVE, BY REASON OF OR ARISING OUT OF (A) YOUR PARTICIPATION IN THE SWEEPSTAKES OR THE AWARDING, ACCEPTANCE, POSSESSION, USE, OR ENJOYMENT OF ANY PRIZE, AND WHERE APPLICABLE, TRAVELING TO, PREPARING FOR, OR PARTICIPATING IN, ANY SWEEPSTAKES‐RELATED OR PRIZE‐RELATED EVENT OR ACTIVITY; (B) THE PUBLICITY RIGHTS GRANTED TO THE SPONSOR, ADMINISTRATOR BY YOU; OR (C) THESE OFFICIAL SWEEPSTAKES RULES (INCLUDING WITHOUT LIMITATION THE ADDITIONAL RULES). YOU SPECIFICALLY ACKNOWLEDGE THAT YOU UNDERSTAND THAT THERE MAY BE SERIOUS RISKS OF BODILY INJURY, DEATH, OR PROPERTY DAMAGE ASSOCIATED WITH THE ACCEPTANCE, POSSESSION, OR USE OF THE PRIZE OR ATTENDANCE AT ANY EVENT OR PARTICIPATION IN CERTAIN PRIZE‐RELATED ACTIVITIES, AND YOU VOLUNTARILY ASSUME THESE RISKS.
By entering in the Sweepstakes, if you are declared a winner you consent to the use of your name, address (city and province or state), likeness, voice, comments, picture, video-game username, profile picture, and/or photographs (collectively, “Personality”), without additional compensation or notice, in connection with any advertising, promotion, or publicity carried out now or in the future, in any media or on the Platform, by or on behalf of the Sponsor, Administrator, and you grant to the Sponsor, Administrator any and all rights to such use, including the use of your Personality in Twitch streams and on social media.
The selected entrant agrees to cooperate in any investigations by the Sponsor or Administrator to confirm his/her eligibility and to help ensure that the use of such potential winners information in advertising or publicity for the Sweepstakes will not bring the Sponsor or Administrator into public disrepute, contempt, scandal or ridicule or reflect unfavourably on the Sweepstakes or the Sponsor or Administrator as determined by the Sponsor or Administrator in their arbitrary discretion.
By entering the Sweepstakes, you agree to: (a) read, abide and be bound by these Official Sweepstakes Rules, including all eligibility requirements and by the decisions of the Sponsor or Administrator, made in their sole and arbitrary discretion, which shall be final and binding in all matters relating to the Sweepstakes; and (b) waive any rights to claim ambiguity regarding these Official Sweepstakes Rules. Entrants who have not complied with the Official Sweepstakes Rules are subject to disqualification.
The Sponsor and Administrator each reserve the right to cancel, terminate, modify, or suspend in whole or in part this Sweepstakes at any time and in any way, without prior notice. Without limiting the foregoing, if for any reason the Sweepstakes is not capable of running as originally planned, for example as a result of tampering or infection by a computer virus, the Sponsor and Administrator may cancel the Sweepstakes and conduct a draw from all previously received eligible entries
The Sponsor, Administrator, do not assume any responsibility for and are not responsible for (i) the incorrect or inaccurate capture of entry information and entries that fail to comply with the Official Sweepstakes Rules; (ii) any loss, damage, or claims caused by a Prize or the Sweepstakes itself; (iii) your inability to access a Prize; or (iv) any failure of the Platform during the Sweepstakes Period, including any problems, human or technical errors, printing or typographical errors, lost, delayed or garbled data or transmissions, omissions, interruptions, deletions, defects or failures of any telephone or computer lines or networks, technical malfunctions of any computer online systems, computer equipment, servers, access providers, software, failure of any e-mail or entry to be received on account of technical problems or traffic congestion on the Internet or at any website, or any combination thereof including any injury or damage to an entrant’s or any other person’s computer relating to or resulting from downloading any material connected to the Sweepstakes, all of which may affect a person’s ability to participate in the Sweepstakes.
The Sponsor, Administrator, do not assume any responsibility for and are not responsible for electronic communications which are undeliverable as a result of any form of active or passive filtering of any kind or insufficient space in an entrant’s mailbox to receive e-mail messages, or for late, lost, illegible, incomplete, falsified, damaged, misdirected, mutilated, garbled, or incomplete entries, which will be void.
Entry materials/data that have been tampered with or altered are void.
Entries generated by a script, macro, or other automated means will be disqualified. Entries that are incomplete, garbled, corrupted, or unintelligible for any reason, including, but not limited to, computer or network malfunction or congestion, are void and will not be accepted.
Subject to section 5.8, in case of a dispute over the identity of an entrant, the authorized account holder of the Account used in the Entry will be deemed to be the entrant.
Any attempt to deliberately damage any website or to undermine the legitimate operation of the Sweepstakes is a violation of criminal and civil laws. Should such an attempt be made, the Sponsor, Administrator reserve the right to seek remedies and damages to the fullest extent permitted by law, including criminal prosecution, and to disqualify an entrant from the Sweepstakes or any other promotion conducted by the Sponsor now or in the future. In the event it is determined that an entrant has entered the Sweepstakes in a manner contrary to the Official Sweepstakes Rules and/or has submitted more than the number of entries permitted by the Official Sweepstakes Rules, the entrant and all of the entries submitted by the entrant will be disqualified.
Sponsor reserves the right to disqualify an entrant from any Sweepstakes if Sponsor determines, in its sole discretion, that they have harassed, trolled, inconvenienced, annoyed, caused nuisance, occasioned violence on any person, caused property damage, or otherwise misused the Sweepstakes or the Platform or breached these Terms of Service.
If, due to any technical, production or other error, more prizes are claimed or awarded than are described in the Official Sweepstakes Rules, the number of prizes identified in the Official Sweepstakes Rules will be awarded in a random drawing from all such prize claims received.
In no event will the Sponsor or Administrator be responsible or liable for more than the stated number of prizes described in the Official Sweepstakes Rules.
The Sweepstakes is subject to all applicable laws.
All entries become the property of the Sponsor and none will be returned.
The Sweepstakes is void where prohibited by law. All issues and questions concerning the construction, validity, interpretation, and enforceability of the Official Sweepstakes Rules, or the rights and obligations of entrants, the Sponsor, Administrator in connection with the Sweepstakes, shall be governed by and construed in accordance with the laws of the Province of British Columbia and the laws of Canada applicable therein, without regard to conflicts of law principles.
The approximate retail value of a Prize as stated by the Sponsor in point of sale advertising, and other advertising, promotion materials, and/or in these Official Sweepstakes Rules is subject to price fluctuations in the consumer marketplace based on, among other things, the passage of time between the date the approximate retail value are stated by the Sponsor and the date the Prize is awarded or redeemed. If, at the time a Prize is redeemed or awarded, the actual prevailing retail purchase price for that Prize is less than the approximate retail value stated by the Sponsor in point of sale, television, print, or online advertising, promotion materials, on the Platform, and/or in these Official Sweepstakes Rules, the Prize winner will not be entitled to a cheque or cash for the price difference.
In the event of any discrepancy or inconsistency between the terms and conditions of these Official Sweepstakes Rules and disclosures or other statements contained in any Sweepstakes-related materials or content, including, but not limited to: the Sweepstakes entry form, and/or point of sale, television, print or online advertising, and the Platform; the terms and conditions of these Official Sweepstakes Rules shall prevail, govern and control.
The Sponsor and Administrator respect each entrant’s right to privacy. By entering the Sweepstakes and voluntarily providing personal information, you consent and agree to the collection, use, and disclosure of your information for the administration of the Sweepstakes.
This Sweepstakes is not sponsored, endorsed, administered by or associated with Facebook, Inc., Twitch Interactive, Inc., Twitter, Inc., Microsoft Corporation, YouTube, LLC, Discord Inc. or any of their affiliated or related companies.
No purchase necessary. Open to legal residents of jurisdictions where the offering and entry into the Sweepstakes is lawful, which, without limiting the generality of the foregoing, excludes the Canadian Province of Quebec, Puerto Rico, Guam, the U.S. Virgin Islands and other U.S. territories. Sweepstakes starts at the time of announcement and ends on the date listed in the announcement. Prize and shipping availability as indicated on platform, subject to Official Sweepstakes Rules. For Official Sweepstakes Rules, see above. Void where prohibited.