In the event the Sweepstakes is, in the opinion of the Sponsor and/or Presenting Promoter(s), compromised by viruses, bugs, non-authorized human intervention or other causes beyond the control of Sponsor and/or Presenting Promoter which corrupt or impair its administration, security, fairness or proper play of the Sweepstakes, Sponsor and/or Presenting Promoter(s) reserves the right in its sole discretion to suspend, modify or terminate the Sweepstakes from point of impairment, and select the winners from among all eligible entries received prior to termination. Sponsor and its parent company, affiliates, subsidiaries, agents and advisers and the employees, officers, directors, shareholders, agents, and representatives of each are not responsible for any error, omission, interruption, deletion, defect, delay in operation of transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. Sponsor and its parent company, affiliates, subsidiaries, agents and advisers and the employees, officers, directors, shareholders, agents, and representatives of each are not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers or providers, computer equipment, software or failure of email on account of technical problems or traffic congestion on the Internet or any web-site or combination thereof, or for any injury or damage to participant’s or to any other person’s computer related to or resulting from participating or downloading materials in this Sweepstakes. Sponsor may prohibit an entrant from participating in the Sweepstakes or winning a prize if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other entrants or Sponsor’s representatives. LEGAL WARNING: Any attempt to deliberately damage any on-line entry or web site or to undermine the legitimate operations of the Sweepstakes is a violation of criminal & civil laws. Should such an attempt be made, Sponsor and/or Presenting Promoter(s) reserves the right to disqualify such entrant & seek damages from any such person to the fullest extent of the law. CONFIDENTIALITY AND PRIVACY POLICY: By entering the Sweepstakes, entrants agree that in addition to being used for prize drawings, collected information from entrants may be used by Sponsor in a manner that is consistent with the Sponsor’s Privacy Policy.
MEGA PRIZE DRAW 5781
OFFICIAL RULES
NO PURCHASE OR DONATION NECESSARY TO ENTER OR WIN.
A PURCHASE OR DONATION WILL NOT IMPROVE YOUR CHANCES OF WINNING.
THE “MEGA PRIZE DRAW 5781” (“SWEEPSTAKES”) CONSISTS OF TWO (2) PRIZE DRAWS: THE GRAND PRIZE DRAW AND THE MEGA PRIZES DRAW.
SWEEPSTAKES BEGINS AT 9:00 AM EASTERN TIME (“ET”) ON DECEMBER 28TH 2020 (DECEMBER 28TH 2020 AT 1:00 PM GMT) & ENDS AT 11:59 PM ET ON FEBRUARY 4TH, 2021 (5TH FEBRUARY, 2021 AT 4:59 AM BRITISH SUMMER TIME [“BST”]) (THE “SWEEPSTAKES ENTRY PERIOD”).
ELIGIBILITY: Sweepstakes is open to legal residents of the 49 United States and the District of Columbia, Canada (EXCLUDING the Province of Quebec), and Great Britain (defined as England, Scotland and Wales ) who have reached the age of majority in the jurisdiction in which they reside at time of entry. Employees, officers & directors (& their immediate families [i.e., spouse, parent, child, sibling & their respective spouses], regardless of where they reside or those living in the same households, whether or not legally related) of The Shmuz (the “Promoter”), & its parent company, affiliates, subsidiaries, & advertising & promotion agencies are not eligible to enter or win. Void in the Province of Quebec & where prohibited by law. U.S. law governs
Entering the Sweepstakes
HOW TO ENTER: For Entry Methods #1 through 3, the method of entry you select to use must be one of those indicated in your offer presentation:
Entry Method #1: If the option to enter at an event, in person or on-site location (“Paper Ticket Entry”) is offered, complete the Official Entry Form & follow instructions provided to you by the individual who supplied the Paper Ticket Entry/Entries.
Entry Method #2: Follow all on-screen entry instructions provided in the offer you viewed via an authorized presenting organization (each a “Presenting Organization”) including making a donation (“Online Entry”). If you are not making a donation via Online Entry see Method of Entry #4. Online entries must be received between 9:00 AM ET on December 28th 2020 & 11:59 PM ET on February 4th, 2021 to be eligible.
Entry Method #3: If the option to enter is from an offer mailed to you (“Mail-in”), complete & return the Official Entry Form per instructions provided elsewhere in the mailing offer you received. Mail-in Entries must be postmarked between December 28th, 2020 & January 28th, 2021 & received by February 4th, 2021 to be eligible.
Entry Method #4: To enter without making a donation (“Alternate Entry”): For each chance to win, handprint your name, mailing address, daytime phone number, email address, AND “Mega Prize” on an index card or plain paper & mail to one of the addresses below as applicable. You must include a separate index card or plain paper completed as described herein for each chance to win you want up to the Maximum Number allowed. All Alternate Entries must be postmarked between December 28th, 2020 & January 28th, 2020 & received by February 4th, 2021 to be eligible. Alternate Entries must be mailed to the applicable addresses as follows:
From the United States, Canada or The United Kingdom, mail to: “Mega Prize Draw 5781,” The Shmuz, 10 Mariner Way, Monsey NY, 10952
Limit: Regardless of method of entry, there is a limit of fifteen (15) tickets for the Mega Prize (“Maximum Number”) per person.
FOR ALL METHODS OF ENTRY: Incomplete entries will be voided. All entries become property of the Promoter &/or any Presenting Organizations & will not be returned or acknowledged. No responsibility is assumed for lost, late, misdirected, illegible, incomplete, mutilated, postage due or mechanically reproduced entry tickets/forms that have been tampered with or not obtained through legitimate channels, all of which will be disqualified. Liability for an irregular entry ticket/form or prize notice shall be limited to replacement with another. Promoter will not assume responsibility for any third party’s failure to act in accordance with its instructions pertaining to Sweepstakes implementation.
CONSUMER DISCLOSURES: No purchase or donation necessary. You have not yet won. Ends: February 4th, 2021. Sweepstakes consists of one (1) Prize Draw: MEGA PRIZE: One (1) Mega Prize: $100,000 Cash; retail value: $100,000. Prize value stated in U.S. currency. Odds: Odds of winning depend on the number of eligible entries received during the respective Sweepstakes Entry Periods, but are estimated to be no worse than 1:49,999. Promoter: The Shmuz, 10 Mariner Way, Monsey NY, 10952
Entry opportunities into this Sweepstakes may also be presented by affiliated organizations (“Presenting Organizations”). However, The Shmuz is the sole promoter.
WINNER SELECTION & NOTIFICATION: There will be one (1) Prize Draw to select a potential winner of the Mega Prize, from among all eligible entries received as applicable per Prize Draw during the Sweepstakes Entry Period. Random draws will be conducted by a representative of the Promoter on or about February 4th, 2021 at approximately 11:00 PM ET (4th February 2021 at 8:00 PM BST) at the offices of the Promoter,10 Mariner Way, Monsey, NY 10952. The Promoter’s decisions are final & binding in all matters concerning the Sweepstakes. The potential winner will be notified within seven (7) days of selection via email &/or telephone &/or overnight courier or mail. To receive a prize, potential winner (hereinafter, the “winner”) may be required to sign & return a valid Affidavit or Declaration of Compliance, including a Liability Release & a Publicity Release (collectively, the “Affidavit/Declaration/Release”) to the Promoter within ten (10) days of date on notification. Failure to execute & return the Affidavit/Declaration/Release &/or any required documentation within the time period specified &/or return of any prize notification or prize as undeliverable may result in disqualification & selection of an alternate winner. Any potential Canadian winner will also be required to correctly answer, unaided, a time-limited mathematical skill testing question administered by telephone by Promoter or its designated agent at a mutually agreeable time before being confirmed as a winner. Any costs or expenses associated with claiming or redeeming any prize will be the responsibility of the winner. The cash prize will be awarded in the form of a corporate check within thirty (30) days of winner verification. If a prize check remains uncashed after ninety (90) days of issuance date, the prize will be considered forfeited. A forfeited prize will not be replaced and Promoter will have no further obligation to the winner. No prize substitutions allowed except at the sole discretion of the Promoter. No transfer or assignment of any prize permitted before prize award per U.S. tax regulations. The winner is responsible for all taxes on the prizes as applicable. Canadian and Great Britain winner(s) may be subject to withholding tax as applicable under tax treaties. Any U.S. winner of prizes valued at $600 or more will be required to provide Social Security number to Promoter for tax reporting purposes. Winning constitutes permission (except where prohibited by law) to use each winner’s name, photograph, hometown, likeness, & prize won (all at Promoter’s discretion) for future advertising, publicity in any & all media now or hereafter devised throughout the world, in perpetuity, without additional compensation, notification, release, or permission. Promoter & all other businesses concerned with this Sweepstakes & their agents do not make, nor are in any manner responsible for any warranty, representations, expressed or implied, in fact or in law, relative to the quality, conditions, fitness or merchantability of any aspect of prize except that the corresponding prize shall be subject to manufacturer’s stated warranty, if applicable.
All disputes and claims arising out of or relating to the Sweepstakes Prize Draws shall be determined according to the laws of the State of New York (United States) without regard to its conflict of law principles and all participating entrants consent to the personal jurisdiction of the federal and state courts located in New York County and agree that such courts have exclusive jurisdiction over all such disputes. All causes of action arising out of or in connection with the Sweepstakes shall be resolved individually without resort to any form of class action litigation and any and all claims, judgments and awards shall be limited to actual out of pocket expenses incurred. The Promoter and/or Presenting Organizations reserve the right to modify, suspend, or terminate the Sweepstakes if it becomes technically corrupted. In such event the, prize will be awarded (if applicable) from eligible entries received prior to this date of termination. Employees, officers, directors, representatives and agents of Promoter, and its respective advertising and promotion agencies and any other person or organization directly involved with the promotion and their respective immediate families and/or household members of such employees are ineligible.
Participating entrants agree to these Official Rules and the decisions of the Promoter, which are final and binding, and indemnify, release and hold harmless the Promoter, any Presenting Organizations, their respective parents, subsidiaries and affiliated companies, and all other businesses involved in the Sweepstakes, as well as the employees, officers, directors and agents of each, from all claims and liability or damage caused or claimed to be caused, in whole or in part, directly or indirectly, in connection with participation in the Sweepstakes, or acceptance or use of any prize.
The Promoter and any Presenting Organization are not responsible for any printing, production, typographical, human or other error of any nature in printing of any Sweepstakes notice, entry form or prize notification, or in the administration of the Sweepstakes or announcement of the prizes. Any Sweepstakes notice, entry form or prize notification containing a printing, production, typographical, human or other error of any nature shall be deemed null and void. Promoter shall always have the right to take such other measures as it deems necessary or appropriate, in its sole discretion, to preserve the integrity of the Sweepstakes. In no event shall the Promoter and/or any Presenting Organization have any liability or obligation to award more than the prizes offered in conjunction with the Sweepstakes. In the event Promoter is prevented from continuing with the Sweepstakes by any event beyond its control, including, but not limited to, fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, communications or equipment failure, utility or service interruptions, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared), interference with the Sweepstakes by any party, or any federal, state, local or provincial government law, order, or regulation, order of any court or jurisdiction, or other cause not reasonably within Promoter’s control, Promoter shall have the right to modify, suspend or terminate the Sweepstakes and to select a winner from among all eligible entries received prior to termination.
By entering the Sweepstakes, entrants agree that in addition to being used for potential winner notification, collected information from entrants may be used by Promoter and/or a Presenting Organization in a manner that is consistent with the Promoter’s Privacy Policy located at theshmuz.com or the privacy policy of an applicable Presenting Organization. The online information Promoter collects may be stored and processed on servers in various locations around the world. Entrants’ participation in the Sweepstakes implies authorization to collect, process and use the data provided concerning the entrant and to transfer such personal data to a country located outside Canada and Great Britain for purposes of management of the Sweepstakes and future offers for any participant that has opted-in to receive such offers (if applicable).
WINNERS LIST: To receive notification of the prize winner, this is available after April 5th, 2021. Send a stamped, self-addressed envelope by April 5th, 2021 to: Mega Prize Draw 5781 Winner, The Shmuz, 10 Mariner Way, Monsey, NY 10952
OPT-OUT: To opt-out from receiving offers from the Promoter, write to the Promoter with your request at The Shmuz, 10 Mariner Way, Monsey, NY, 10952
MISCELLANEOUS: The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. In the event that any provision of the Official Rules is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Promoter’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision. Entrants agree to waive any rights to claim ambiguity of these Official Rules. Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes-related materials, privacy policy or terms of use on any website and/or the Official Rules of the Official Rules, these Official Rules shall prevail, govern and control and the discrepancy will be resolved in Promoter’s sole and absolute discretion.
NOTICE TO ONLINE ENTRANTS
In the event of a dispute over the identity of an online entrant, entry will be deemed submitted by the “Authorized Account Holder” of the email address submitted at time of entry. Authorized Account Holder means the natural person who is assigned to an email address by an Internet access provider, online service provider, or other organization that is responsible for assigning email addresses for the domain associated with the submitted email address. Entry materials/data that have been tampered with or altered, or mass entries or entries generated by a script, macro or use of automated devices are void. The Promoter is not responsible for: (i) lost, late, misdirected, damaged or illegible entries; or (ii) error, omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions of any kind, or inaccurate transmission of or failure to receive entry information by Promoter on account of technical problems or traffic congestion on the Internet or at any website or any combination thereof; or (iii) any injury or damage to entrant’s or any other person’s computer related to or resulting from participating in the Sweepstakes. By participating in the Sweepstakes, you: (i) agree to be bound by these Official Rules, including all eligibility requirements, and (ii) agree to be bound by the decisions of Promoter and the independent judging organization, which are final and binding in all matters relating to the Sweepstakes. Failure to comply with these Official Rules may result in disqualification from the Sweepstakes. Promoter reserves the right to: (i) permanently disqualify from any Sweepstakes it Promoters any person it believes, in its absolute discretion, has intentionally violated these Official Rules; and (ii) withdraw the online method of entry if it becomes technically corrupted (including if a computer virus or system malfunction inalterably impairs its ability to conduct the Sweepstakes), and to select winner(s) from among all eligible entries received prior to withdrawal.
LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DAMAGE, DESTROY, TAMPER WITH OR VANDALIZE THIS WEBSITE OR INTERFERE WITH THE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND PROMOTER RESERVES THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AND CRIMINAL PROSECUTION AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.