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HercLéon Around-The-World Sweepstake Rules
AROUND-THE-WORLD SWEEPSTAKE OFFICIAL RULES
NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. THIS SWEEPSTAKES IS INTENDED FOR PLAY IN THE UNITED STATES ONLY AND WILL BE GOVERNED BY U.S. LAW. DO NOT ENTER IF YOU ARE NOT ELIGIBLE AND LOCATED IN THE UNITED STATES AT THE TIME OF ENTRY. OPEN ONLY TO LEGAL RESIDENTS OF THE UNITED STATES AND DISTRICT OF COLUMBIA, 18 YEARS OF AGE OR OVER. SWEEPSTAKES NOT VALID IN RHODE ISLAND. VOID IN PUERTO RICO AND WHERE PROHIBITED.
This Sweepstake is in no way sponsored, endorsed or administered by, or associated with Facebook. You understand that you are providing your information to HercLéon, and not to Facebook or LinkedIn.
- SWEEPSTAKE PERIOD. The “2019 HercLéon Travel Sweepstake” (the “Sweepstake”) begins Sunday, June 23rd, 2019 at 8:00:00 AM Eastern Daylight Time (“EDT”) and ends on Wednesday, August 7th 8:00:00 PM EDT (the “Sweepstake Period”).
- HOW TO ENTER. During the Entry Period, visit the HercLeon.com and click the enter button, play the game completely and get at least 6/7 or better to enter into the corresponding Entry Period and one (1) entry into the drawing for the Grand Prize (collectively an “Entry”). Entry content will not be judged. Entries without the required entry text, as specified in game, will not be considered eligible Entries. Only one (1) Entry per person/Facebook account per Entry Period. Any individual wishing to enter the Sweepstake must follow all of the above instructions and comply with the Entry Requirements below in order to be considered a valid entrant into the Sweepstake (an “Entrant”). Should multiple users of the same Facebook account enter the Sweepstakes and a dispute thereafter arise regarding the identity of the Entrant, the authorized account holder of said Facebook account at the time of entry will be considered the Entrant. “Authorized account holder” is defined as the natural person who is assigned to the account by Facebook. Entrants may not enter more than the above stated limit using multiple accounts, nor may Entrants use any other device or artifice to enter as multiple Entrants more than once. Any Entrant who attempts to enter more than once may be disqualified and forfeits any and all prizes won, in Sponsor’s sole discretion. Automated Entries are prohibited, and any use of automated devices will cause disqualification.
- SWEEPSTAKE ENTRY REQUIREMENTS. By submitting an Entry into the Sweepstake, you warrant and represent that the Entry conforms to these Official Rules and the Entry Requirements set forth herein. Entries must be in English and include all of the required content as set forth in the corresponding Post.
- WINNER SELECTION AND NOTIFICATION.At the end of the Sweepstakes Period, a random drawing will be conducted on or about Sunday, August 11nd, 2019 to select the potential winners from among all eligible Entries received during the entire Sweepstakes Period. The potential winners will be contacted on Sunday, August 11th, 2019 via Facebook Messenger and/or Email. Drawing will be conducted randomly and the drawing will be final and binding in all respects. Grand Prize Winner must be of eighteen (18) years of age in order to be considered eligible to win prize.
- ODDS. Odds of winning anything in the sweepstake depends on the total number of eligible Entries received during the entire Sweepstakes Period.
- Two (2) Grand Prize: The Grand Prize Winner and the person that invited them (or if no such person exists, the winner can pick someone that took part in the contest) will each receive one (1) Around the world plane ticket valued at no more than $2,000. Approximate Retail Value (“ARV”): $2,000.00 each.
- Two (2) Second Place Prize: The Second Place Winner and the person that invited them (or if no such person exists, the winner can pick someone that took part in the contest) will each receive one (1) Around-The-Country ticket valued at no more than $300. Approximate Retail Value (“ARV”): $300.00 each.
- Two (2) Third Place Prize: The Third Place Prize Winner and the person that invited them (or if no such person exists, the winner can pick someone that took part in the contest) will each receive one (1) Around-The-Block ticket valued at no more than $150. Approximate Retail Value (“ARV”): $150.00 each.
- ELIGIBILITY. Sweepstakes is open to legal residents of the United States and the District of Columbia who are eighteen (18) years of age and older at the time of entry, and who are physically located and reside in the United States or District of Columbia at the time of entry. Sweepstakes not valid in Rhode Island. Void in Puerto Rico and where prohibited. Employees, directors and officers, and their immediate families (spouse, parents, children, siblings, and their respective spouses), and their respective household members, of Sponsor, its affiliates, subsidiaries, divisions, advertising and promotion agencies and prize providers, are not eligible to enter or win. Sweepstakes is subject to all applicable federal, state and local U.S. laws. All interpretations of these Official Rules and decisions by Sponsor are final.
- RELEASE OF LIABILITY: All Entrants irrevocably agree (and agree to confirm in writing) to waive, on behalf of themselves and their family and associated persons or businesses, all claims, lawsuits, and damages, of every name and nature, known and unknown, now existing or hereinafter at any time arising, against all other Entrants, and against Sponsor, Facebook, and each of their respective affiliates, subsidiaries, successors, assigns, officers, directors, agents, employees and all others associated with the development and execution of this Sweepstakes (“Promotion Entities”) from any and all liability, loss or damage with respect to or in any way arising from this Sweepstakes and/or acceptance or use of the prizes, including liability for personal injury, death, damage, or monetary loss. Sponsor is not responsible for prize quality or utility. Sponsor is not responsible for incorrect or inaccurate Entry information whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Sweepstakes or by any technical or human error, which may occur in the processing of the Entries. Sponsor is not responsible for computer system, phone line, hardware, software or program malfunctions, or other errors, failures or delays in computer transmissions or network connections that are human or technical in nature. Sponsor is not responsible for lost, late, stolen, incomplete, misdirected, damaged, destroyed or garbled Entries.
- MODIFICATION OR TERMINATION: Sponsor reserves the right to modify or terminate the Sweepstakes upon evidence of fraud, virus, bugs, hacking, security breaches, or other tampering, or should other causes beyond the control of Sponsor corrupt the administration, security, or proper operation of the Sweepstakes. Sponsor also reserves the right to cancel, suspend, or modify the Sweepstakes, if necessary, due to technical problems. In the event of cancellation Sponsor shall have the right, at its sole discretion, to select winners by randomly drawing from among all valid, non-suspect Entries received up to the time of cancellation. Sponsor reserves the right, at its sole discretion, to disqualify any individual (and his or her Entry) who tampers with the entry process.
- BINDING ARBITRATION: Any controversy or claim arising out of or relating to the Sweepstakes shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply Minnesota law consistent with the Federal Arbitration Act and applicable Minnesota statutes of limitations, and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the costs of litigation. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties.
- THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE ENTRANT’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS SWEEPSTAKES IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES. BY PARTICIPATING IN THE SWEEPSTAKES, EACH ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, 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), 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, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANT’S 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 EVERY ENTRANT.
- GOVERNING LAW & JURISDICTION: These Official Rules and the Sweepstakes are governed by U.S. law and are subject to all applicable federal, state and local laws and regulations. All issues and questions concerning the construction, validity, interpretation and enforceability of the Official Rules, or the rights and obligations of Entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Minnesota, U.S.A., without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth in Section 12 of these Official Rules and/or for entering any judgment on an arbitration award, shall take place in the state of Minnesota, in the city of Saint Paul.