NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR TO WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED.
SPONSOR; OFFICIAL RULES: Except as otherwise provided in separate official rules for a Promotion, these general terms and conditions govern all Promotions sponsored by Peakery.com ("Sponsor"), 318 1st Ave S, Suite 310, Seattle, WA 98104, on or through the peakery.com service (each, a "Promotion" and collectively, the "Promotions"). Certain Promotion-specific details, such as promotion periods, eligibility requirements, prize descriptions, prize restrictions, and methods of entry, are set forth on the corresponding Promotion entry page. These general terms and conditions and any other terms and conditions set forth on the corresponding Promotion entry page are collectively referred to as the "Official Rules" for the corresponding Promotion.
ELIGIBILITY: To be eligible for Promotions entrants must agree and abide to our Terms of Service. Specific eligibility requirements for each Promotion are set forth on the corresponding Promotion entry page. Officers, directors agents, and employees of Sponsor and its subsidiaries, affiliates, parent companies, distributors, divisions, agencies or of any related entity, including any consultants to Sponsor ("Promotion Entities"), and their immediate family members (mother, father, brothers, sisters, sons, daughters, and spouse) and/or those living in the same household of each whether or not related, are not eligible to participate in a Promotion or win a prize.
PRIZES: The prizes that are offered in each Promotion will be the prizes described on the corresponding Promotion entry page. Prizes pictured or described on the Promotion entry page or otherwise are for illustrative purposes only. All aspects of prizes not set forth on the corresponding Promotion entry page will be determined by Sponsor in its sole discretion. No cash alternative or substitution of prizes will be allowed, except Sponsor reserves the right in its sole discretion to substitute prizes of comparable value if any prizes are unavailable, in whole or in part, for any reason. WINNERS ARE RESPONSIBLE FOR REPORTING AND PAYING ANY AND ALL INCOME, SALES OR EXCISE TAXES THAT MAY APPLY TO ACCEPTING PRIZES; SPONSOR IS NOT RESPONSIBLE FOR AND WILL NOT PAY ANY SUCH TAXES.
ODDS: The odds of winning depend upon the number of eligible entries received. Sponsor cannot accurately predict the number of people who will participate in any Promotion.
ENTRY: Specific methods of entry for each Promotion are set forth on the corresponding Promotion entry page. All entries must be received before expiration of the promotion period set forth on the corresponding Promotion entry page. Sponsor is the official time keeper for a Promotion. All entry information and materials become the property of Sponsor and will not be acknowledged or returned.
WINNER SELECTION: All results of the selection are final and binding, subject to the Official Rules. In the event a winning entry is discovered to be invalid for any reason whatsoever or the person who submitted the winning entry fails to comply with the Official Rules prior to delivery of the prize, the prize may be forfeited and awarded to an alternate winner. No more than the advertised number of prizes will be awarded.
NOTICE TO WINNERS: Attempts to notify potential winners will be made using the e-mail address provided on sign up for peakery.com within fifteen (15) days of selection (or such shorter time as exigencies may require). Sponsor is not responsible for lost, stolen, late or misdirected mail or delivery or communication problems of any kind. If, despite reasonable efforts, a potential winner does not respond within five (5) days (or such shorter time as exigencies may require) of the first notification attempt, or if the prize or prize notification is returned as unclaimed or undeliverable to such potential winner, such potential winner will forfeit his or her prize and an alternate winner may be selected.
VERIFICATION OF WINNERS: Potential winners may be required to execute an Affidavit of Eligibility, a Liability Release, and (where imposing such condition is legal) a Publicity Release (collectively, "Prize Claim Documents"). If any potential winner (or such winner's parent or legal guardian) fails or refuses to sign and return all Prize Claim Documents within five (5) days of prize notification (or such shorter time if exigencies may require), the winner may be disqualified and an alternate winner may be selected. If a potential winner is less than the age of majority in his or her jurisdiction of primary residence, a "minor," at Sponsor's option, the applicable prize either will be awarded in the name of the parent or legal guardian of winner, or the parent or legal guardian of winner will be required to ratify and sign the Prize Claim Documents. If any potential winner (or such winner's parent or legal guardian) will not, or does not, sign the consent within five (5) days of notification (or such shorter time if exigencies may require), the prize may be forfeited and an alternate winner may be selected.
Sponsor is not responsible for telecommunications, network, electronic, technical or computer failures of any kind, including any which may affect entry into a Promotion. Without limiting the generality of the foregoing, Sponsor is not responsible for incomplete, illegible, misdirected, misprinted, late, lost, or damaged entries; or for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet Service Providers, Web sites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, difficulties or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of a Promotion or the Web site, to be acting in violation of these Official Rules, or to be acting in an unsportsman-like or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of a Promotion, or to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. No mechanically reproduced, illegible, incomplete, forged, software generated or other automated multiple entries will be accepted.
By entering a Promotion, each entrant represents and warrants that he or she has read and agrees to abide by the Official Rules and that he or she is not prohibited from participating in a Promotion. Entrants agree that (a) the Promotion Entities shall not be responsible or liable for, and are hereby released from, any and all costs, injuries, losses or damages of any kind, including, without limitation, death and bodily injury, due in whole or in part, directly or indirectly, to participation in a Promotion or any Promotion-related activity, or from an entrants' acceptance, receipt, possession, use or misuse of any prize; and (b) Sponsor has not made any warranty, representation or guarantee, express or implied, in fact or in law, with respect to any prize, including, without limitation, to such prize's quality or fitness for a particular purpose.
Acceptance of a prize constitutes winner's permission for Sponsor to use winner's name, photograph, likeness, voice, biographical information, statements and address (city and state) for advertising or publicity purposes, worldwide, and in all forms of media now known or hereafter developed, in perpetuity, without further compensation.
Sponsor reserves the right to suspend or cancel the Promotions or modify the Official Rules as necessary for any reason or as required by applicable law. Sponsor reserves the right, in its sole discretion, to disqualify from a Promotion, and ban from any future Promotions, any person it believes to have intentionally violated the Official Rules or tampered with any element of a Promotion without notice to the disqualified or banned person. ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTIONS IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
The construction, validity, interpretation and enforceability of the Official Rules, and the rights and obligations of entrant and Sponsor in connection with the Promotions, shall be governed by, and construed in accordance with the laws of the State of California, without giving effect to any choice of law or conflict of laws rules or provisions. Any legal claims arising out of or relating to the Promotions or the Official Rules must be brought in the federal or state courts located in Los Angeles, California.
To obtain any legally-required winners list (after the conclusion of a Promotion) or a copy of the Official Rules, send a self-addressed envelope with the proper postage affixed to: Peakery.com, Peakery Promotions, 318 1st Ave S, Suite 310, Seattle, WA 98104. Please specify "winners list" or "Official Rules" and the name of the Promotion in your request.
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