“NEW YEAR, NEW BRAIN” SWEEPSTAKES RULES
NO PURCHASE OR PAYMENT IS NECESSARY TO PARTICIPATE OR WIN. PURCHASE DOES NOT IMPROVE ODDS OF WINNING. VOID WHERE PROHIBITED.
1. Sponsor: The Coolmath “New Year, New Brain” Sweepstakes (“Sweepstakes”) is sponsored by Coolmath.com LLC, 122 East 42nd Street, Suite 1611, New York, NY 10168 (“Sponsor”).
2. Eligibility: The Sweepstakes is open and offered to legal residents of the 50 United States and the District of Columbia who are eighteen (18) years of age or older as of January 21, 2020. Employees and their immediate family (spouse, sibling, parent, child, or grandparent and the spouses of such persons) and household members (whether or not related) of Sponsor and its employees, subsidiaries, affiliates, advertising, promotion, or fulfillment agencies, promotional partners, and all other entities or individuals involved in or associated with the development, implementation, administration, or fulfillment of the Sweepstakes (collectively, the “Sweepstakes Entities”) are not eligible to participate in the Sweepstakes. Only individuals meeting all eligibility requirements set forth in these Official Rules (“Participant”) may participate in the Sweepstakes or win a prize. All federal, state, and local laws and regulations apply.
3. Sweepstakes Period: The Sweepstakes begins at 12:01AM Eastern Time (“ET”) on January 21, 2020 and ends at 11:59PM ET on January 27, 2020 (“Sweepstakes Period”). Sponsor’s clock is the official timekeeper for this Sweepstakes.
Each Participant may use only one (1) Instagram account ID/handle to enter, regardless of method of entry. Multiple Participants are not permitted to use the same Instagram account ID/handle to submit one or more Entries for each day of the Sweepstakes Period.
There are two ways to enter the Sweepstakes. Participants may enter the Sweepstakes using one (1) of the two (2) entry methods described below:
a. Via Instagram- Each day during the Sweepstakes Period, Sponsor will make one (1) post from its official Instagram account. To receive one (1) Sweepstakes entry for that post, Participants must “like” Sponsor’s post and tag two (2) friends in the comment section of Sponsor’s post. Only one (1) entry in the Sweepstakes per day per Instagram account/handle. Duplicate entries or attempted entries from the same Instagram account/handle on the same day will result in ineligibility with respect to all entries from that Instagram account/handle for that day.
b. Via mail- During the Sweepstakes Period, on a plain piece of 3”x 5” paper, hand print your complete name, street address (no P.O. boxes), city, state, ZIP code, date of birth (mm/dd/yyyy), daytime and evening telephone numbers, Instagram account handle, and valid email address (“Mailed Entry” or “Entry”). Mail your Entry in a hand-addressed, business-size (No. 10) envelope with first-class postage affixed to: Sweepstakes Coordinator, c/o Coolmath.com LLC, 122 East 42nd Street, Suite 1611, New York, NY 10168. Mailed Entries must be postmarked by January 27, 2020 and received by January 30, 2020. Limit one (1) Mailed Entry per envelope. No mechanically reproduced Mailed Entries are permitted.
5. Prizes: For each of the seven (7) days of the Sweepstakes Period, one (1) Winner (“Winner”) will be randomly selected from all eligible entries received (seven (7) winners total). Each Winner (once s/he has satisfied the “How to Claim Prizes” criteria in Section 8 below) will receive Sponsor-branded stickers (“Prize”). Approximate Retail Value (“ARV”) of each Prize: $10; ARV of all Prizes: $70. Prize may not be sold, auctioned, offered for sale, assigned, transferred, offered for transfer, photocopied, duplicated, or redeemed or exchanged for cash or services, except by Sponsor, in its sole and absolute discretion, who reserves the right to substitute Prize with a prize of comparable or greater value if Prize becomes unavailable. Winner is solely responsible for all other expenses associated with the Prize, including but not limited to taxes.
6. Odds: Odds of winning a Prize depend on the number of eligible entries received.
7. Selection of Winner: Potential winners will be selected in random drawings by Sponsor or its designees during the Sweepstakes Period. Potential winners do not have to be present at prize drawings to win.
8. How to Claim Prizes: Sponsor or its designees will attempt to notify each potential winner of his/her winning status via direct message to the winner’s Instagram account from which the winning post was made. If the indicated forms are not signed and returned by the time indicated on the documents, or if a potential winner does not meet eligibility criteria, or is otherwise unwilling or unable to comply with these Official Rules, or cannot be contacted within three (3) days of his/her name being selected as a potential winner, an alternate potential winner will be selected, in Sponsor’s sole discretion.
9. Publicity: Except where and as may be prohibited by law, participation in the Sweepstakes and acceptance of a Prize constitutes the express permission of a Winner for Sponsor and those acting pursuant to the authority of Sponsor to use such winner’s name, photograph, image, likeness, voice, opinions, hometown, and/or state for advertising, trade, promotion, and/or publicity purposes in all forms of media now known or hereafter discovered or devised, worldwide in perpetuity, without further notice, review or approval, or compensation.
11. General Conditions: Sweepstakes Entities and Releasees (as defined below) shall not be responsible for non-conforming, lost, late, incomplete, inaccurate, delayed, undelivered, misdirected, or illegible Entries (or any component thereof) or for inaccurate entry information, whether caused by Sponsor or Participant or by any computer, technical, or human error or malfunction that may occur in the processing of entries, the administration of this Sweepstakes, or in the announcement of prizes. Incomplete and/or duplicate Entries are not permitted and will be deemed void. The use of any device to automate the entry process is absolutely prohibited, and any such Entries shall be void. Sponsor reserves the right, in its sole and absolute discretion, to void suspect Entries or to modify, cancel, terminate, or suspend the Sweepstakes should a virus, bug, or other cause corrupt or impair the administration, security, or integrity of the Sweepstakes.
Sponsor reserves the right, in its sole and absolute discretion, to cancel, terminate, modify, extend, or suspend the Sweepstakes should non-authorized intervention, fraud, weather, force majeure events, or other causes beyond its control corrupt or affect the administration, security, fairness, or proper conduct of the Sweepstakes. Sponsor reserves the right to disqualify any individual whom Sponsor or its designees determine, in their sole and absolute discretion, is or is attempting or intending to: (a) tamper with any aspect of the operation of the Sweepstakes, (b) defraud Sponsor or Sweepstakes Entities, (c) undermine the legitimate operation of the Sweepstakes by cheating, deception, or other unfair playing practices, (d) annoy, abuse, threaten, or harass any other Participants, Sponsor, Sweepstakes Entities, or representatives of Sweepstakes Entities, or (e) act in violation of these Official Rules. In such event(s), Sponsor reserves the right (in addition to disqualification of such individual) to seek damages from any such person to the fullest extent permitted by law. No groups, clubs, newsletters, or organizations may reproduce or distribute any portion of these Official Rules to their members, and anyone who participates in the Sweepstakes through means not permitted by these Official Rules is subject to disqualification. All Entries are subject to verification and are void and will be rejected if not obtained through authorized, legitimate channels or if any part of an Entry is determined by Sponsor or its designees to be illegible, forged, reproduced, manipulated, mutilated, counterfeited, or tampered with in any way. No more than the stated number of Prizes will be awarded. In the event that production, technical, mechanical, typographical, or any other reasons cause more than stated number of Prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right, in its sole and absolute discretion, to award only the stated number of Prizes (previously not awarded) by means of a random drawing among all legitimate and eligible Prize claims.
12. Release: By participating in this Sweepstakes and/or accepting a Prize, Participant (for himself or herself and his or her heirs) agrees to release, indemnify, and hold harmless Sponsor, the Sweepstakes Entities, Instagram, and each of their officers, directors, owners, employees, agents, affiliates, and owner-operators (collectively, the “Released Parties”) from any and all liability for any injuries, loss, harm, damage, cost, or expense of any kind to any person(s), including, without limitation, property damage, personal injury, and/or death, arising in whole or in part, directly or indirectly, from acceptance, possession, use, and/or misuse of a Prize or participation in this Sweepstakes or any Sweepstakes-related activity and for any claims based on publicity rights, defamation, or invasion of privacy.
13. Agreement to Official Rules: By participating in the Sweepstakes, each Participant fully and unconditionally agrees to and accepts these Official Rules and the decisions of Sponsor, which are final and binding in all matters relating to the Sweepstakes. By participating in the Sweepstakes, each Participant waives any right to claim ambiguity in these Official Rules. In the event of any inconsistency with any other materials, these Official Rules shall govern.
14. Limitation of Liability: IN NO EVENT WILL SPONSOR OR ANY RELEASED PARTY BE RESPONSIBLE OR LIABLE FOR ANY INJURIES, CLAIMS, ACTIONS, DAMAGES, LOSSES, OR LIABILITY OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES RESULTING FROM OR ARISING FROM PARTICIPATION IN, OR THE PRODUCTION, PROMOTION, OR ADMINISTRATION OF, THE SWEEPSTAKES, OR ACCEPTANCE, POSSESSION, USE, MISUSE, OR NONUSE OF A PRIZE THAT MAY BE AWARDED. WITHOUT LIMITING THE FOREGOING, ALL PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS. ANY ATTEMPT BY A PARTICIPANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD ANY SUCH ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.Except where prohibited, Participants agree that: (a) any and all disputes, claims, and causes of action arising out of or connected with this Sweepstakes, or any prize awarded, or the determination of winner, shall be resolved individually, without resort to any form of class action; (b) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes but in no event attorneys’ fees; and (c) s/he hereby waives all rights to claim punitive, incidental, consequential, and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.
15. Non-waiver: The failure or delay by Sponsor in enforcing any particular clause, provision, or aspect of these Official Rules shall not impact the validity, enforceability, or effect of any other clause, provision, or aspect of these Official Rules.
16. Choice of Law: All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of each Participant, and/or Sponsor or Released Parties in connection with the Sweepstakes, shall be exclusively governed by, and construed in accordance with, the laws of the State of Georgia without regard to conflicts of law/choice of law doctrine of Georgia or any other jurisdiction, and all proceedings regarding same shall take place exclusively either in a state or federal court located in Georgia. Each Participant agrees to the jurisdiction of such courts and waives any right to change of venue or any like right.
17. Official Rules and Winner List: Official Rules for this Sweepstakes may be obtained by visiting CoolmathGames.com during the Sweepstakes Period. For a disclosure of winner (first name, last name initial, and city), send a self-addressed, stamped envelope for receipt by January 30, 2020, to Coolmath.com LLC, 122 East 42nd Street, Suite 1611, New York, NY.
This Sweepstakes is in no way sponsored, endorsed, or administered by, or associated with Instagram or any other individual or entity other than the Sweepstakes Entities.
© 2020 Coolmath.com LLC. All Rights Reserved.