NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.



PLEASE BE AWARE THAT THESE RULES CONTAIN A DISPUTE RESOLUTION MECHANISM GOVERNING HOW TO RESOLVE DISPUTES BETWEEN YOU AND POPSOCKETS LLC. AMONG OTHER THINGS, SUCH MECHANISM PROVIDES THAT ANY RESOLUTION OF CLAIMS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS, AND NOT ON A COLLECTIVE BASIS, AND ONLY IN A CIVIL COURT OF COMPETENT JURISDICTION IN BOULDER, COLORADO. THESE PROVISIONS CAN BE FOUND IN SECTIONS 7 AND 8 BELOW. PLEASE READ THESE PROVISIONS CAREFULLY.

The PopSockets LLC December 2023 Sweepstakes (the “Promotion”) is offered by PopSockets LLC (the “Sponsor”). The Promotion is a sweepstakes. These Rules govern the Promotion, and they constitute an agreement between Sponsor and any person who acts to enter or participate in the Promotion or otherwise assents to these Rules (“you,” “your,” etc.). Such action or other assent constitutes your agreement to these Rules. By participating, you agree to be unconditionally bound by these Rules, and you represent and warrant that you meet the eligibility requirements set forth herein. Further, you agree to accept the decisions of Sponsor as final and binding as it relates to the Promotion.

1. ELIGIBILITY

Participation in the Promotion is only open to persons who at the time of entering (a) are eighteen (18) years of age, and (b) are legal residents of the United States of America. Employees of Sponsor or its Affiliates (defined below), advertising agencies or promotional agencies, however, are not eligible to participate in the Promotion; nor are any immediate family members (mother, father, brother, sister, son, daughter, or spouse) of any such employee nor any person residing in the same household as any such employee. The Promotion is subject to all applicable laws and regulations. Notwithstanding any other terms of these Rules, this Promotion is VOID WHERE PROHIBITED BY LAW.



2. TIMING AND HOW TO ENTER

Promotion begins December 7, 2023, at 12:01 a.m. Mountain Standard Time (“MST”) and ends December 31, 2023 at 11:59 p.m. MST (the “Promotion Entry Period”). Sponsor is the official timekeeper for this Promotion. The Promotion is governed by these Official Rules and is subject to all applicable federal, state and local laws. Within the Promotion Entry Period there are 25 separate daily entry periods. Each daily entry period starts at 12:01 a.m. MST and ends the same day at 11:59 p.m. MST. Non-winning entries from one daily entry period do not carry over into future daily entry periods. There will be one drawing for each daily entry period. Since the Promotion Entry Period is 25 days there will be 25 separate daily winners. 

To enter you must submit your name, email address and cell phone number on the entry form provided at popsocket.com. (the “Entry”). When you enter, you will be asked if you want to consent to receive marketing text messages from the Sponsor. You are not required to consent to receive text messages from the Sponsor to enter this Promotion. If you consent to receive marketing text messages from the Sponsor it will not increase your chance of winning. Limit of one Entry per person per day. You are not required to purchase an item or consent to receive text messages to receive an Entry.

Please see Sponsor’s Privacy Statement at popsockets.com/privacy for details of Sponsor’s use of personal information collected in connection with this Promotion. These Rules govern any conflict, however, between the terms of such Privacy Statement and these Rules. Any failure to comply with these terms may result in automatic disqualification from the Promotion.

3. DRAWING AND NOTIFICATION OF WINNERS

At the end of each day within the Promotion Entry Period there will be one drawing amongst all Entries received during the day to determine the one daily winner. The potential winners will be contacted by Sponsor thereafter via the email address noted on the potential winner’s Entry form.   

This Promotion is a sweepstakes (i.e., game of chance) and skill plays no part in the determination of the winner. The Sponsor or its designee will attempt to contact the potential winner by emailing the potential winner on or about the date Sponsor first draws the potential winner’s name at the email address noted on the potential winner’s entry form. If the potential winner cannot be contacted within two (2) days from the date Sponsor first emails the potential winner, or if a Prize notification is returned or reported as undeliverable, or if the potential winner (whether or not contacted) is deemed to be ineligible or disqualified (which shall be in the Sponsor’s sole discretion), or if the potential winner fails to, is unable to or is unwilling to comply with these Rules, or if the potential winner fails to, is unable to or is unwilling to sign and deliver to Sponsor’s satisfaction within two (2) days after such winner is sent a waiver, release and confirmation of eligibility under and compliance with these Rules by Sponsor, then the potential winner forfeits all rights to win the Promotion or receive a Prize and will be deemed disqualified. In such case another potential winner shall be drawn for the Prize at issue. This process may be repeated until the Prize has been awarded and delivered, upon which event such potential winner will be declared the winner of the Promotion. All findings, determinations and decisions of the Sponsor may be made in the Sponsor’s sole discretion and are final and binding in all matters relating to this Promotion and in all respects. Limit of one (1) prize per person for the entire Promotion.

As a condition to receiving a Prize, the potential winner will be required to sign and deliver to Sponsor an Affidavit of Eligibility and Release of Liability. Further, given the ARV of the Prizes, the potential winner may be required to provide Sponsor with their tax identification number. Sponsor is required to declare the ARV of the Prize to the Internal Revenue Service and provide the name and tax identification number of the Winner.

4. DAILY PRIZES

There are twenty-five (25) prizes available to be won of $1,000 each (the “Prize”). The total approximate retail value (“ARV) of the Prizes is $25,000. For the purpose of determination of the Prize value (or any part thereof, or the aggregate of all Prizes), the determination of Sponsor will be final and binding. The right to a Prize (or any part thereof) is not transferable by the winner. The Prizes (or any part thereof) must be accepted as awarded with no substitutions (in cash, in kind, or otherwise) except at Sponsor’s sole discretion. Sponsor reserves the right to substitute the Prizes (or any part thereof) for an item (including cash) of equivalent or greater value if for any reason, in Sponsor’s sole discretion, a Prize (or any part thereof) cannot, or without hardship cannot, be awarded as described in these Rules. No responsibility or liability is accepted for any variation in the value of the Prizes. Any and all taxes (including, without limitation, income taxes) and other costs and expenses arising from or relating to the Prize (or any substitution) or its delivery (including shipping and related taxes, tariffs and duties), transfer, receipt, acceptance, possession, use or disposition is solely the responsibility of the Prize winner.

5. RELEASE AND CONSENT

By participating in the Promotion, you agree to release Sponsor and the other Released Parties from any and all liability, claims, injuries, losses, harm or damages of any kind caused by, resulting from or otherwise arising in connection with this Promotion, participation in this Promotion, the operation, administration, change or cancellation of the Promotion or any acceptance, use, misuse or consequence of any Prize. As used in these Rules, “Released Party(ies)” means and includes, Sponsor and its Affiliates, Sponsor’s marketing partners, co-sponsors (if any), suppliers and advertising and/or promotion agencies, any person or entity providing, supplying, fulfilling, delivering or honoring any prize, and any of the Affiliates, contractors, licensors, suppliers owners, directors, officers, stockholders, partners, licensees, consultants, employees, agents, successors, assigns, of any of the foregoing, past and present. Any recourse you have regarding any such liability, claims, injuries, losses, harm or damages is limited solely and exclusively to the Sponsor and not to any other Released Party nor to any other person or entity. For purposes of these Rules, an “Affiliate” of an entity, association, business or other specified person is an entity, association, business or person that directly, or indirectly through one or more intermediaries, controls, or is controlled by, or is under common control with, such specified entity, association, business or person.

In addition to Sponsor, any Released Party may enforce any provision of these Rules that specifically addresses a Released Party and, according to its express terms, represents an actual or potential protection or benefit for the Released Party.

Except where prohibited by law, by entering the Promotion, you understand and consent, without any further notice, review or approval, to Sponsor’s, and its designees’ and Affiliates’, use, publication, broadcast, website or social media posting and other distribution or dissemination of your picture, name, voice, likeness, biographical information and/or statements for legal, informational, editorial, promotional, advertising and/or publicity purposes in any media, worldwide, without limit and without further compensation.

6. DISCLAIMERS, NOTICES AND INDEMNIFICATION

To the extent permitted by law, Sponsor is not responsible for (i) entries that (for whatever reason and whoever’s fault – unless done fraudulently by Sponsor) are incomplete, lost, damaged, destroyed or unintelligible; (ii) telephone, technical, network, online, electronic, computer hardware or software failures of any kind; (iii) incomplete, garbled or delayed Internet/e-mail computer transmissions on account of operator error, technical problems, traffic congestion on the Internet, congestion or problems regarding any Web site, or any combination thereof; (iv) any condition caused by events beyond Sponsor’s control which disrupts or interferes with the Promotion; or (v) any injury, loss, damage or liability of any kind arising out of or relating to your participation in the Promotion or the delivery, transfer, receipt, acceptance, possession, use or disposition of a Prize (or any substitution), including without limitation any injury, loss, or damage to your or any other person's computer or property relating to or resulting from participation in, or downloading or viewing any materials in connection with, this Promotion.

Sponsor reserves the right at its sole discretion (i) to modify, postpone, defer or cancel the Promotion at any time and with or without notice, (ii) to disqualify any individual that tampers or attempts to tamper with the entry process, violates these Rules, or acts in an inappropriate or disruptive manner, or with intent to annoy, abuse, threaten or harass any person, or (iii) to verify the validity of entries and your identity, age and place of residence.

SPONSOR MAKES NO WARRANTIES, REPRESENTATIONS OR GUARANTEES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, WITH REGARD TO THIS PROMOTION OR THE MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY PRIZE (OR ANY SUBSTITUTION) OR ANY COMPONENT OF ANY PRIZE (OR ANY SUBSTITUTION). ANY ATTEMPT BY YOU OR ANY PERSON TO DELIBERATELY DAMAGE A WEBSITE OR PROMOTION-RELATED MECHANISM OR PROCESS OR TO UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION MAY BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING WITHOUT LIMITATION ATTORNEYS' FEES) FROM ANY ENTRANT OR OTHER PERSON TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.

Any and all claims, judgments, and awards shall, in addition to any limits and exclusions provided for elsewhere in these Rules, be limited to actual out-of-pocket costs incurred, but in no event attorneys’ fees or litigation, arbitration or mediation costs or expenses of any kind. TO THE EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL SPONSOR OR ANY OTHER RELEASED PARTY BE LIABLE FOR ANY DAMAGES THAT IN THE AGGREGATE (REGARDLESS OF THE NUMBER OF CLAIMS OR CLAIMANTS, AND REGARDLESS OF THE TIMING OF CLAIMS) EXCEED FIVE HUNDRED DOLLARS ($500), NOR FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR PUNITIVE DAMAGES, THE FOREGOING EXCLUSIONS AND LIMITATIONS SHALL APPLY REGARDLESS OF THE BASIS OF, OR THEORY OF RELIEF REGARDING, ANY CLAIM OR ACTION (INCLUDING, WITHOUT LIMITATION, ANY FORM OF NEGLIGENCE OR STATUTORY OR REGULATORY VIOLATION) AND REGARDLESS OF WHETHER SPONSOR OR ANY OTHER RELEASED PARTY WAS AWARE OR NOTIFIED OF THE HARM, DAMAGE OR LOSS SUFFERED OR ALLEGED.

By participating in the Promotion, each entrant agrees to indemnify and hold harmless Sponsor and all Released Parties from and against any and all injuries, losses, damages, claims and actions of any kind arising from or relating to participation in the Promotion, or acceptance, possession, use, misuse or non-use of any Prize that may be awarded, including, without limitation, actual, direct, indirect, consequential, punitive, special, or other damages. By accepting a Prize, each winner further releases the Sponsor and all Released Parties from any and all claims, liability, loss or damage arising out of or in connection with the awarding, receipt, possession and/or use or misuse of any Prize or participation in any Prize-related activity.

The protections and benefits of this Section 6 shall be construed as also applying for the protection and benefit not only of Sponsor but of all Released Parties as well. 

7. DISPUTE RESOLUTION AND CLASS ACTION WAIVER

ANY AND ALL CLAIMS, DISAGREEMENTS, DISPUTES, OR CONTROVERSIES BETWEEN YOU AND SPONSOR, OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, PARENTS OR SUBSIDIARIES, OR THE JUDGES OF THE PROMOTION, SHALL BE RESOLVED AS PROVIDED IN THIS SECTION. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND SPONSOR AGREE THAT ANY CLAIM RESOLUTION PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS; CLASS ACTIONS AND ANY OTHER CONSOLIDATED, COLLECTIVE, OR REPRESENTATIVE ACTIONS ARE NOT PERMITTED AND YOU AGREE TO GIVE UP THE ABILITY TO PARTICIPATE IN ANY SUCH ACTION. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT YOU WILL NOT BE A MEMBER OF ANY PUTATIVE OR ACTUAL CLASS IN A CLASS ACTION BROUGHT BY ANYONE ELSE, NOR WILL YOU SEEK TO BECOME A CLASS REPRESENTATIVE. CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND OTHER CONSOLIDATED ACTIONS ARE NOT ALLOWED. DISPUTES REGARDING THE ENFORCEABILITY, REVOCABILITY, OR VALIDITY OF THE CLASS ACTION WAIVER MAY BE RESOLVED ONLY BY A CIVIL COURT OF COMPETENT JURISDICTION IN BOULDER, COLORADO, AND NOT BY AN ARBITRATOR.

8. APPLICABLE LAW; FORUM SELECTION

The Promotion will be governed by Colorado law and is subject to all applicable laws and regulations. Should there be a conflict between the laws of the State of Colorado and any other laws, the conflict will be resolved in favor of the laws of the State of Colorado. You expressly consent and agree to submit to the exclusive jurisdiction and venue of a civil court of competent jurisdiction located in Boulder, Colorado.

9. GENERAL

All entries, submissions, information, materials and content, and any prize claims, become the property of Sponsor upon submission or delivery and will not be returned. Upon submission, Sponsor will own all right, title and interest in and to entries, submissions, information, materials and content, and any Prize claims, in perpetuity and throughout the universe and in all media and forms of expression and communication now known or hereafter developed. Sponsor solely and these Rules constitute the full and exclusive agreement relating to the Promotion. In the event of any conflict between these Rules and any statement, document or communication relating to the Promotion, these Rules shall prevail.

10. WINNERS LIST 

For the Winners List, send your request to PopSockets LLC AI Customizer Design Sweepstakes - Winners List, PopSockets LLC, 1426 Pearl Street, Suite 400, Boulder, Colorado 80302. Requests for the winner list must be received by March 1, 2024. DO NOT SEND ANY OTHER CORRESPONDENCE OR SUBMISSIONS TO THIS ADDRESS.

SPONSOR:

PopSockets LLC

1426 Pearl Street, Suite 400

Boulder, Colorado 80302

CERTAIN TRADEMARKS:



POPSOCKETS, and all related names, logos, product and service names, designs and slogans are trademarks of PopSockets LLC or its affiliates or licensors.

© 2023 PopSockets LLC. All rights reserved.

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