THE ADABLY LABS MONTHLY SWEEPSTAKES
NO PURCHASE NECESSARY TO ENTER OR WIN. MAKING A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.
ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.
SWEEPSTAKES ENTRY PERIOD
The Adably Labs Monthly Sweepstakes (the "Sweepstakes") begins at 12:00:01 AM Eastern Time ("ET") on Wednesday, November 13, 2019 and ends at 11:59:59 PM ET on Friday, December 13, 2019 (the "Sweepstakes Period").
The Sweepstakes is open to legal residents of the 50 United States, including the District of Columbia, who are age 21 or older at the time of entry. Void in Puerto Rico, Guam, the U.S. Virgin Islands, outside the U.S., and wherever else prohibited by law. Employees of Pathmatics, Inc. (the "Sponsor"), Adably Labs, Inc., US Sweepstakes & Fulfillment Company (the "Sweepstakes Administrator") and their respective subsidiaries, affiliates, advertising and promotion agencies, and the immediate family members (spouses, parents, children, and siblings and their spouses) of, and/or those living in the same household of each, are not eligible to enter. Sweepstakes is subject to all applicable federal, state and local laws and regulations.
HOW TO ENTER
There are two (2) ways to enter.
Method #1: Panel Extension Entry. During the Sweepstakes Period, visit https://adablylabs.com/survey/os and follow all entry instructions to register for the Adably Labs Market Research Panel (the "Panel"). You will be required to complete and submit a short survey, and Sponsor, in its sole discretion, shall determine whether you will be added to the Panel. Upon being accepted to the Panel, follow the instructions to complete and submit the registration form for the Sweepstakes and download the Adably Market Research Chrome browser extension to your desktop version of the Chrome browser on your computer available at https://chrome.google.com/webstore/detail/adably-market-research/khpnealegndgiepjhlnkppeodelmaghc (the "Extension"). During the Sweepstakes Period, participants must i) install the Extension onto his/her desktop version of the Chrome browser ii) keep the Extension active and regularly use the browser in which the Extension was installed for the full duration of the Sweepstakes Period and iii) not utilize an ad blocker. Each participant who meets the requirements will receive one (1) entry into the Sweepstakes (the "Extension Entry") at the end of the Sweepstakes Period. By participating in the Panel and installing the Extension, entrants agree to all notices posted online including but not limited to the Sponsor's and Adably Labs Privacy Policies, which can be found at https://adablylabs.com/privacy, respectively.
Method #2: Alternate Method of Entry ("AMOE") / Mail-in Entry To enter without joining the Panel or installing the Extension, mail a postcard (the "Mail-In Entry"), including your name, complete address, email address and phone number to the following address to receive one (1) entry into the Sweepstakes: The Pathmatics Adably Labs Monthly Sweepstakes #1 625 Panorama Trail, Suite 2100, Rochester, NY 14625-2437. Each Mail-In Entry must be mailed separately and must be postmarked between Friday, November 8, 2019 and Sunday, December 8, 2019, and received by Saturday, December 14, 2019. Photocopied, illegible, or mechanically reproduced entries are not eligible. All entries become the property of the Sponsor and will not be returned or acknowledged. Sponsor is not responsible for lost, late, damaged, misdirected or postage-due mailed entries.
Panel Extension Entry and AMOE Entry collectively referred to herein as "Entry" or "Entries". Limit: One (1) Entry per person regardless of method of entry. All methods of entry have an equal chance of winning. All entries become the property of the Sponsor and will not be acknowledged or returned.
PRIZES/APPROXIMATE RETAIL VALUE ("ARV")/ODDS:
Grand Prize: There is one (1) Grand Prize available to be won. Grand Prize includes one (1) $500 Amazon.com eGift Card. The ARV of Grand Prize: $500.
First Prizes: There are two (2) First Prizes available to be won. Each First Prize includes one (1) $100 Amazon.com eGift Card. The ARV of First Prize: $100 each.
Second Prizes: There are fifteen (15) Second Prizes available to be won. Each Second Prize includes one (1) $50 Amazon.com eGift Card. The ARV of Second Prize: $50 each.
Third Prizes: There are twenty (20) Third Prizes available to be won. Each Third Prize includes one (1) $25 Amazon.com eGift Card. The ARV of Third Prize: $25 each.
Fourth Prizes: There are twenty-five (25) Fourth Prizes available to be won. Each Fourth Prize includes one (1) $10 Amazon.com eGift Card. The ARV of Fourth Prize: $10 each.
Total ARV of all prizes available to be won: $2,200.
Odds of winning will depend upon the total number of eligible entries received.
The winners will be selected in a random drawing on or about Wednesday, December 25, 2019 from among all eligible entries received during the Sweepstakes Period by the Sweepstakes Administrator, an independent representative of the Sponsor whose decisions are final.
WINNER NOTIFICATION & VERIFICATION:
Winners will be notified by email. Notification will include winner's Amazon.com eGift Card redemption instructions. Prizes will be sent to the email address provided on the Sweepstakes registration form within 4-6 weeks of winner being verified.
If a prize notification or prize is returned as undeliverable, or if winner is found to be ineligible or not in compliance with these rules that winner will be disqualified, and the prize may be awarded to an alternate winner in a separate random drawing. Only two (2) alternate winners may be determined through this process, after which the prize may remain un-awarded.
Prizes are not redeemable for cash. Prizes are not assignable nor transferable. No substitution is permitted except if prize is unavailable, in which case a prize of equal or greater value will be awarded. No cash in lieu of prizes and no exchange or substitution of prizes, except at the sole discretion of the Sponsor. Any other incidental expenses associated with any prize not specified herein are the winner's sole responsibility.
Gift cards are not redeemable for cash and will not be replaced if lost or stolen. Gift card usage is subject to the issuing company's complete terms and conditions, including expiration dates.
Winner is responsible for all federal, state, local and income taxes associated with a winning prize. Except where prohibited by law, entry and acceptance of prize constitute permission to use winner's name, prize won, hometown, likeness, video tape, photographs, and statements for purposes of advertising, promotion and publicity (including online posting) in any and all media now or hereafter known throughout the world in perpetuity, without additional compensation, notification or permission.
Although subsequent attempts to enter may be received, only the first complete entry received from a particular entrant will be eligible; subsequent attempts by the same person to enter, including entries submitted with an alternate email address, will be disqualified.
Participating entrants agree to these Official Rules and the decisions of the Sponsor and the Sweepstakes Administrator, and release the Sponsor, Adably Labs, Inc., the Sweepstakes Administrator, and their affiliated companies, and all other businesses involved in this Sweepstakes, as well as the employees, officers, directors and agents of each (the "Released Parties"), from all claims and liability relating to their participation in the Sweepstakes, and the acceptance and use/misuse of the prize offered. Winner assumes all liability for any injury or damage caused or claimed to be caused, by participation in this Sweepstakes or use/misuse or redemption of the prize. Sponsor is not responsible for any typographical or other error in the printing of the offer, administration of the Sweepstakes or in the announcement of any prizes.
In the event of a dispute over the identity of an entrant, entry will be deemed submitted by the "Authorized Account Holder" of the e-mail address submitted at time of entry. Authorized Account Holder means the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Sponsor may ask any entrant or potential winner to provide Sponsor with proof, to Sponsor's satisfaction, that such party is the authorized account holder of the email address associated with the entry. Entry materials/data that have been tampered with or altered, or mass entries or entries generated by a script, macro or use of automated devices are void. The Released Parties are not responsible for: (i) lost, late, misdirected, damaged or illegible entries; or (ii) error, omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, mobile device, hardware or software malfunctions of any kind, or inaccurate transmission of or failure to receive entry information by Sponsor on account of technical problems or traffic congestion on the Internet or at any web site or any combination thereof; or (iii) any injury or damage to entrant's or any other person's computer related to or resulting from participating in the Sweepstakes. By participating in the Sweepstakes, you (i) agree to be bound by these Official Rules, including all eligibility requirements, and (ii) agree to be bound by the decisions of Sponsor and the Sweepstakes Administrator, which are final and binding in all matters relating to the Sweepstakes. Failure to comply with these Official Rules may result in disqualification from the Sweepstakes. Sponsor reserves the right to: (i) permanently disqualify from any Sweepstakes it sponsors any person it believes has intentionally violated these Official Rules; and (ii) withdraw a method of entry if it becomes technically corrupted (including if a computer virus or system malfunction inalterably impairs its ability to conduct the Sweepstakes). If for any reason this Sweepstakes is not capable of running as planned due to an infection by a computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Sweepstakes, the Sponsor reserves the right at its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Sweepstakes, at which time, Sponsor will conduct a random drawing from among all eligible entries received at the time of the Sweepstakes termination.
ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DAMAGE, DESTROY, TAMPER OR VANDALIZE THIS WEB SITE OR INTERFERE WITH THE OPERATION OF THE SWEEPSTAKES, IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
GOVERNING LAW AND LIMITATION OF LIABILITY:
All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of entrants, Sponsor or the Released Parties in connection with the Sweepstakes will be governed by and construed in accordance with the internal laws of the State of California, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other laws.
BY ENTERING THE SWEEPSTAKES, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) 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; (B) 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; (C) 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 TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (D) ENTRANTS' 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 YOU.
The parties hereto each agree to finally settle all disputes only through arbitration; provided, however, the Released Parties shall be entitled to seek injunctive or equitable relief in the state and federal courts in Los Angeles County, CA and any other court with jurisdiction over the parties. In arbitration, there is no judge or jury and review is limited. The arbitrator's decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to this Sweepstakes shall be resolved solely by binding arbitration before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. ("JAMS") or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a "Demand for Arbitration", then either party can elect to have the arbitration administered by the American Arbitration Association ("AAA") or any other mutually agreeable arbitration administration service. If an in-person hearing is required, then it will take place in Santa Monica, CA. The federal or state law that applies to these Official Rules will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn't apply and the dispute must be brought in a court of competent jurisdiction in Santa Monica, CA. Sponsor agrees to pay the administrative and arbitrator's fees in order to conduct the arbitration (but specifically excluding any travel or other costs of entrant to attend the arbitration hearing). Either party may, notwithstanding this provision, bring qualifying claims in small claims court.
Personal information collected from entrants are subject to the Sponsor and Adably Labs Privacy Policies, which can be found at https://adablylabs.com/privacy.
OFFICIAL RULES REQUEST:
To request a copy of the Official Rules, see https://adablylabs.com/sweepstakes or send a self-addressed, stamped envelope by December 24, 2019, to: The Adably Labs Monthly Sweepstakes Official Rules Request, PO Box 25466, Rochester, NY 14625-0466.
WINNER CONFIRMATION REQUEST:
For a written confirmation of the winner (available after 12/25/19), send a stamped, self-addressed envelope (postmarked no later than 01/21/20), to: The Adably Labs Monthly Sweepstakes Winner Confirmation Request, PO Box 25466, Rochester, NY 14625-0466.
Pathmatics, Inc., 501 Santa Monica Blvd, Suite 301, Santa Monica, CA 90401.
US Sweepstakes & Fulfillment Company, 625 Panorama Trail, Suite 2100, Rochester, NY 14625. 1-800-620-6044
Void outside the US, in Puerto Rico, Guam, the U.S. Virgin Islands and wherever else prohibited by law.