Collexion Club $500 Draw Rules
NO PURCHASE NECESSARY TO PLAY OR WIN. PURCHASE WILL NOT INCREASE YOUR ODDS OF WINNING.
The Collexion Club $500 Draw (the “Promotion”) is sponsored by Zest Content Ltd (“Sponsor”). By entering the Promotion, you agree to comply with and be bound by the following Collexion Club $500 Draw Rules (the “Contest Rules”). Please review the Contest Rules carefully. If you do not agree to the terms and conditions of the Contest Rules in their entirety, you are not permitted to enter the Promotion.
ELIGIBILITY:
The Promotion is open only to individuals that are citizens or lawful permanent residents of, and living in, the United States and the District of Columbia, who are eighteen (18) years of age or older (or the applicable age of majority, if greater than eighteen (18) years of age in their respective jurisdictions) and that can enter into legally binding contracts under applicable law. The Promotion is expressly void in Puerto Rico and where otherwise prohibited by law. Employees, officers and directors of Sponsor, Monsii Ltd. (“Administrator”), and their respective parents, subsidiaries and affiliated companies, and each of their legal representatives, advertising, promotional, fulfillment and marketing agencies, and their immediate families (and those living in their respective households), are not eligible to participate or claim the Prize (as defined below) in the Promotion. Entrants wishing to obtain a copy of these Contest Rules may request a printed copy by writing to: Zest Content Ltd, Collexion Club $500 Draw, Zest Content Ltd, 9169 W State St #2996, Garden City, ID 83714. Participation constitutes each entrant’s full and unconditional agreement to Sponsor’s and Administrator’s decisions, which are final and binding in all matters related to the Promotion. Winning the Prize is contingent upon fulfilling all requirements set forth herein.
LIMITED TIME ONLY:
The Promotion period begins at 12:00:00 a.m. Eastern Standard Time (“EST”) on November 1, 2021 and ends at 11:59:59 p.m. EST on January, 2022 (“Promotion Period”). Entries must be received prior to the expiration of the Promotion Period to be eligible for the Prize.
HOW TO ENTER:
- Website Entries. Prospective entrants that have an active member account, in good standing (“Member Account”), on the Sponsor website located at collexionclub.com (the "Site”) at any time during the Promotion Period shall receive an automatic Promotion entry (each, a “Website Entry”). In order to open a Member Account, you must first complete the registration form available on the Site. The information that you must provide includes: (i) your full name; (ii) your mailing/billing address; (iii) your e-mail address; (iv) your telephone number; (v) your PayPal® account and/or credit card information; and/or (vi) any other information requested by us on the applicable registration form (collectively, “Website Registration Data”). Please note that purchasing our products is entirely optional, purchases are not required to enter the Promotion and purchases will not increase an entrant’s odds of winning in any way. Entrants who are potential Prize winners may be required to provide some or all of the following: (A) date of birth; (B) Social Security Number; (C) picture proof of identification, which may include a driver’s license, passport, voting card or similar government issued identification; and (D) any other information requested by Sponsor in connection with the Prize verification/award process (“Prize Winner Data”).
(b) Alternative Means of Entry. As an alternative means of entry in the Promotion, prospective entrants may submit their AMOE Registration Data, as defined below, via the designated Promotion entry form on the Site (each, an “AMOE Entry Form”). Where an entrant properly completes and submits an AMOE Entry Form, that entrant shall receive one (1) entry in the Promotion (each, an “AMOE Entry,” and together with the Website Entries, the “Entries”). To complete the AMOE Entry Form, entrants must include their full names and e-mail addresses (collectively, “AMOE Registration Data,” and together with the Website Registration Data and Prize Winner Data, the “Registration Data”). AMOE Entries must be received by Sponsor no later than 11:59:59 p.m. EST on January 31, 2021 to be entered in the Prize drawing. Any improperly submitted AMOE Entry Forms (i.e. any potential AMOE Entry Forms having invalid or incomplete AMOE Registration Data) will be VOID. Limit: Each entrant may receive only one (1) AMOE Entry in the Promotion, and any AMOE Entry(ies) submitted by the same individual in excess of that AMOE Entry limit will be disregarded.
If you wish to enter the draw via the Alternative Means of entry promotion please complete the 'AMOE Entry Form'.
(c) Entry Limits/General Provisions. The total combined number of Entries submitted during the Promotion Period per entrant may not exceed one (1) in the aggregate. So, by way of example, if an entrant submits an AMOE Entry during the Promotion Period, that entrant will not be permitted to also submit a Website Entry during the Promotion Period. Any Entries submitted in excess of this limitation will be discarded. Multiple individuals are not permitted to share the same email address. Any attempt by any individual to obtain more than the permitted number of Entries by using multiple/different mobile devices, identities, registrations and user-names, or any other method, will void all of that individual’s Entries and that individual will be disqualified from participating in the Promotion. Use of any automated system to participate in the Promotion is prohibited and will result in disqualification. Sponsor reserves the right to reject any Entry that it believes, in its sole and reasonable discretion, is fraudulent, incomplete or otherwise invalid. Entrants must update their Registration Data, as necessary, to remain eligible to receive the Prize. Sponsor is not responsible for Entries, Promotion-related e-mail, Promotion-related push notifications, claims or notices that are lost, late, illegible, misdirected, damaged, incomplete or incorrect. By entering the Promotion, and where you have otherwise provided the requisite consent, you agree to receive e-mail and direct mail marketing messages from Sponsor and its marketing partners, subject to the Sponsor Privacy Policy (the “Sponsor Privacy Policy”). See the “Privacy Statement” section hereinbelow for a link to the Sponsor Privacy Policy.
SPONSOR IS NOT RESPONSIBLE FOR REGISTRATIONS, WEBSITE ENTRIES, AMOE ENTRIES, CLAIMS OR NOTICES THAT ARE LOST, LATE, ILLEGIBLE, MISDIRECTED, DAMAGED, INCOMPLETE OR INCORRECT. IF YOU FAIL TO SUBMIT AN ENTRY DURING THE PROMOTION PERIOD FOR ANY REASON INCLUDING, BUT NOT LIMITED TO, WHERE YOU CANNOT ACCESS THE SITE, YOU WILL NOT QUALIFY FOR THE PRIZE.
IDENTIFICATION OF ENTRANTS:
Each Entry will be identified by its applicable e-mail address, as collected and stored in the Promotion Database. For purposes of these Contest Rules, the “Promotion Database” is defined as the entire list of valid Entries generated during the Promotion Period. Sponsor will stop accepting Entries at 11:59:59 p.m. EST on January 31st, 2021.
HOW TO WIN A PRIZE:
Within thirty (30) days of the end of the Promotion Period, Administrator will randomly select one (1) Entry from the Promotion Database (“Winner Selection”). The potential Prize winner will be notified via e-mail within ten (10) days after Winner Selection. The potential Prize winner shall be subject to eligibility verification. The potential Prize winner will be required to provide Prize Winner Data and may be required to execute a notarized Affidavit of Eligibility and Liability/Publicity Release (“Affidavit”) and, where so required, return such Affidavit within twenty (20) days following attempted notification. In addition, the potential Prize winner may be required to provide picture proof of identification, which may include a driver’s license, passport, voting card or similar government issued identification, and proof that she/he is the entrant that submitted the applicable winning Entry.
Non-compliance by the potential Prize winner within the aforementioned time period may result in forfeiture of the subject Prize, with an alternative Prize winner selected. The return of the Prize and/or Prize notification as undeliverable may result in forfeiture of the Prize. In no case shall Sponsor be liable in any manner where a potential Prize winner has not received notification sent from Sponsor or where Sponsor fails to receive a response from a potential Prize winner within the required response period.
The winning Entry, as well as the associated information of the potential Prize winner, must identically match the records maintained by Sponsor and Administrator in order for the Prize to be awarded. In the event of a dispute, the information maintained by Sponsor and Administrator will govern. Entries will be deemed made by the person under whose e-mail address the Entry was submitted, regardless of who actually submitted the Entry.
PRIZE DESCRIPTION:
(a) Prize. The Prize winner will receive, in Sponsor’s sole discretion, either: (a) a lump sum payment of Five Hundred Dollars ($500.00); or (b) a gift card in the amount of Five Hundred Dollars ($500.00) (collectively, the “Prize”). The gift card made available in connection with the Prize may contain terms, conditions and restrictions as established by the applicable gift card issuer, in its sole discretion.
(b) Prize Terms and Conditions. The approximate retail value (“ARV”) of the Prize is Five Hundred Dollars ($500.00). The Prize winner will not receive the difference between the actual Prize value and the ARV.
ODDS OF WINNING A PRIZE:
The odds of winning the Prize depend on the number of entrants participating in the Promotion during the Promotion Period.
PRIVACY STATEMENT:
For a thorough recital of the Sponsor Privacy Policy, Click here to the extent that the Sponsor Privacy Policy is in conflict or inconsistent with these Contest Rules as they pertain to the Promotion, these Contest Rules shall take precedence.
WINNERS LIST:
To request written confirmation of the Prize winner, send a self-addressed stamped envelope to: Zest Content Ltd, Collexion Club $500 Draw, Zest Content Ltd, 9169 W State St #2996, Garden City, ID 83714.
TAX INFORMATION:
Federal, state and local taxes, and all similar fees and assessments, are the responsibility of the Prize winner. Sponsor reserves the right to withhold taxes from the winning Prize, as appropriate. Where required by law, Sponsor will issue a form 1099-MISC for the Prize winner in the amount of the Prize.
NO SUBSTITUTION OF WINNERS:
The Prize is non-transferable, and no substitution or transfer of the Prize will be accommodated or permitted, other than as expressly set forth herein or in Sponsor’s sole discretion. Sponsor reserves the right to substitute the Prize, or any portion thereof, for a substitute of equal or greater value for any reason.
PUBLICITY:
Other than for residents of the State of Tennessee and where otherwise prohibited by law, Promotion entry constitutes permission for Sponsor to reproduce, display, perform, distribute and otherwise use your name and likeness in connection with promoting Sponsor, Sponsor’s products and/or Sponsor’s online venues in any and all forms of marketing and promotional material including, without limitation, email marketing, online ads, social media ads, as well as printed extracts and reproductions of any portion thereof.
RELEASE:
By entering the Promotion, each entrant agrees to release and hold harmless Sponsor, Administrator and their respective representatives, affiliates, subsidiaries, parents, agents, and their respective members, officers, directors, employees and agents (collectively, “Covered Parties”) from and against any and all liability for any injuries, loss or damage of any kind arising from, or in connection with, the Promotion (including the Prize) including, but not limited to, liability arising from copyright infringement, improper use of likeness, personal injury, death, damages or monetary loss. Restrictions, conditions and limitations apply. By entering, each entrant further agrees that, in the event that there is any conflict or other inconsistency between the Contest Rules and any advertisements, promotional or marketing materials, e-mails or announcements relevant to the Promotion, these Contest Rules will govern.
ADMINISTRATOR:
Administrator is not involved in marketing the Promotion. Administrator is not the sponsor of the Promotion and will not respond to any inquiries. Administrator is solely responsible for the selection of the potential Prize winners.
CHOICE OF LAW/DISPUTE RESOLUTION/CLASS ACTION:
These Contest Rules shall be treated as though they were executed and performed in New York, New York and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles). The parties hereby agree to arbitrate all claims that may arise under and/or relate to the Promotion and/or these Contest Rules. Without limiting the foregoing, should a dispute arise between the parties including, without limitation, any matter concerning the Promotion, the Prize, the terms and conditions of these Contest Rules or the breach of same by any party hereto: (a) the parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association (“AAA”) in New York, NY, in accordance with the then current Commercial Arbitration rules of the AAA; and (b) you agree to first commence a formal dispute proceeding by completing and submitting an Initial Dispute Notice which can be found here. The Covered Party(ies) named in your Initial Dispute Notice (collectively, the “Named Parties”) may choose to provide you with a final written settlement offer after receiving your Initial Dispute Notice (“Final Settlement Offer”). If the applicable Named Party(ies) provide(s) you with a Final Settlement Offer and you do not accept it, or such Named Party(ies) cannot otherwise satisfactorily resolve your dispute and you wish to proceed, you must submit your dispute for resolution by arbitration before the AAA, in your county of residence, by filing a separate Demand for Arbitration, which is available here. For claims of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions. If the arbitrator awards you relief that is greater than the applicable Final Settlement Offer, then the Named Party(ies) will pay all filing, administration and arbitrator fees associated with the arbitration and, if you retained an attorney to represent you in connection with the arbitration, the Named Party(ies) will reimburse any reasonable attorneys' fees that your attorney accrued for investigating, preparing and pursuing the claim in arbitration. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Although the Named Party(ies) may have a right to an award of attorneys' fees and expenses if Named Party(ies) prevail(s) in arbitration, the Named Party(ies) will not seek such an award from you unless the arbitrator determines that your claim was frivolous.
To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against any of the Covered Parties. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney's fees and court costs that any Covered Party incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (i) does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (ii) is an independent agreement. You may opt-out of these dispute resolution provisions by providing written notice of your decision within thirty (30) days of the date that you first enter the Promotion.
DISQUALIFICATION:
The Covered Parties are not responsible for lost, interrupted or unavailable network server or other connections, miscommunications, failed telephone or computer transmissions or technical failure, lost Entries, jumbled, scrambled or misdirected transmissions or other error of any kind, whether human, mechanical or electronic. Persons found tampering with or abusing any aspect of the Promotion, as solely determined by Sponsor, will be disqualified. If disqualified for any of the above reasons, Sponsor reserves the right to terminate entrant’s eligibility to participate in the Promotion. In the event that any portion of the Promotion is compromised by technical error, virus, bugs, non-authorized human intervention or other causes beyond the control of Sponsor which, in the sole opinion of Sponsor, corrupts or impairs the administration, security, fairness or proper determination of the Promotion, Sponsor reserves the right, in its sole discretion, to suspend or terminate the Promotion or any part of the Promotion, or any combination of the above. The Covered Parties are not responsible for any problem with Entries generated by computer hardware or software malfunction, error or failure, whatever the cause.
INDEMNIFICATION:
You agree to release, indemnify and hold the Covered Parties harmless from and against any and all claims, expenses (including reasonable attorneys' fees, costs and settlement costs), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your improper and/or unauthorized participation in the Promotion; (b) your breach of these Contest Rules; and/or (c) your violation of any rights of another individual and/or entity. The provisions of this paragraph are for the benefit of the Covered Parties. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
LEGAL WARNING:
Any attempt by any individual, whether or not a entrant, to damage, destroy, tamper with or vandalize any portion of the Promotion, or otherwise interfere with the operation of the Promotion, is a violation of criminal and civil law and Sponsor will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.