NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. ENTRANTS MUST BE LEGAL RESIDENTS OF A) THE 50 UNITED STATES OR THE DISTRICT OF COLUMBIA, EXCLUDING NEW YORK AND FLORIDA , OR B) CANADA, EXCLUDING QUEBEC , OR C) GREAT BRITAIN. RESIDENTS OF NEW YORK, FLORIDA, QUEBEC, AND NORTHERN IRELAND ARE NOT ELIGIBLE TO PARTICIPATE IN THIS SWEEPSTAKES. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
1. TIMING: The Fakespot Playstation 5 and XBOX Series X Sweepstakes (“Sweepstakes”) begins at 9:00 PM EST on December 16, 2020 and ends at 11:59PM EST on January 15, 2021 (the “Sweepstakes Period”).
2. SPONSOR/PROMOTER: The Sweepstakes is sponsored by Fakespot Inc. (“Sponsor”) of 110 Wall Street, New York, NY 10005. Sponsor will conduct the Sweepstakes as described in these Official Rules. All copyrights and trademarks are the property of their respective owners.
3. ELIGIBILITY AND RESTRICTIONS ON ENTRY: The Sweepstakes is open only to individuals who are (i) at least 18 years of age or older (at the time of entry), and (ii) a legal resident of a) the 50 United States or the District of Columbia, excluding New York and Florida, or b) Canada, excluding Quebec, or c) Great Britain. Residents of New York, Florida, Quebec, and Northern Ireland are not eligible to participate in this sweepstakes. Employees of the Sponsor and their respective parent companies; affiliates; subsidiaries; advertising, promotion, fulfillment or other coordinating agencies; individuals providing services to the Sponsor through an outsourcer or temporary employment agency during the Sweepstakes Period; and their respective immediate family members and persons living in their same household are not eligible to participate in the Sweepstakes. The Sweepstakes is subject to all applicable federal, state, and local laws and regulations. By participating in the Sweepstakes, entrants agree to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Sweepstakes. Eligibility to win a prize is contingent upon complying with and fulfilling all requirements set forth herein. Access to the Internet is required for entry to the Sweepstakes.
4. HOW TO ENTER:
A. Free Entry: During the Sweepstakes Period, visit fakespot.com/ps5xbox and download the Fakespot Chrome Extension and create a Fakespot account by using your email or Google account to enter the Sweepstakes for free.
If you already have the Fakespot extension installed and created a Fakespot account you are automatically entered for free.
No purchase necessary. Making a payment does not increase your chances of winning.
The only methods of entry are those set forth in these Official Rules. No other method of entry will be accepted. The Sponsor is not responsible for lost, late, misplaced, illegible, incomplete, incorrect or undelivered entries, and such entries will be deemed invalid. Entries generated by script, macro, robotic, programmed, or any other automated means are prohibited and will be disqualified. If you enter the Sweepstakes online, you will not be deemed to have entered the Sweepstakes until your entry is registered on the Sponsor’s servers. For the avoidance of doubt, Sponsor may not provide entrant with confirmation of Sweepstakes entry.
Grand Prize:Two grand prize winners will receive either a Playstation 5 Blue Ray edition or a Xbox Series X. Each grand prize winner will not be able to choose which game system they win.
No transfer, or cash or other substitution of prizes allowed except that the Sponsor reserves the right, in its sole and absolute discretion, to substitute a prize of comparable or greater value where circumstances beyond the reasonable control of the Sponsor make it necessary to do so. Sponsor shall have no responsibility or obligation to any winner or potential winner who is unable or unavailable to accept or utilize prizes as described herein. Prizes consist of only those items specifically listed as part of the prize. The Sponsor will not replace any lost or stolen prizes once in winner’s possession.
6. DRAWING AND NOTIFICATION: Prize winners will be selected in a computerized random drawing from among all eligible entries received. The grand prize drawing will be conducted on or about January 16, 2020.
Odds of winning a prize depend on the number of eligible entries timely received. Sponsor will make reasonable attempts to contact the winner following each winner’s selection. If the potential winner cannot be reached, such potential winner will be disqualified and the Sponsor may at its discretion select an alternate winner from among the remaining applicable eligible entries received. The return of a potential winner’s notification, prize information, or the prize as undeliverable or rejection of the prize by the potential winner will result in disqualification of the potential winner and an alternate potential winner may be selected. In the event of a dispute about the identity of an entrant, each entry will be declared made by the authorized account holder of the email address provided at entry. The authorized account holder is defined as the natural person who is assigned to an email address by an Internet Service Provider, online access provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. With respect to each winning entry, the winner may be required to provide proof that the winner is the authorized account holder of the email address associated with the winning entry and is otherwise eligible to enter the Sweepstakes.
7. PRIZE CONDITIONS:
US and Canadian residents only: Except where prohibited by law, a potential prize winner will be required to execute an Affidavit of Eligibility, a Liability Release and a Publicity Release, and a Tax Acceptance Form (“Affidavit/Release”). Such documents must be signed and returned by the date and/or time indicated within such documents. If the documents are not signed and returned within that time, or if an entrant is found to be ineligible, or if an entrant does not comply with these Official Rules, each as determined by the Sponsor in the Sponsor’s sole discretion, then the potential winner will be disqualified and an alternate potential winner will be selected. Entrant waives the right to assert as a cost of winning a prize any and all costs of verification and redemption to redeem said prize and any liability which might arise from redeeming or seeking to redeem said prize. Sponsor is not responsible for fraudulent calls or emails made to entrants not by the Sponsor.
All entrants: All entries are subject to verification prior to awarding of prizes. Eligibility, age, and claims made by prize winners also are subject to verification prior to awarding of prizes.
8. TAXES AND OTHER COSTS:
US and Canadian residents only: All federal, state, provincial, and local taxes and other tax liabilities (including income taxes), if any, and other incidental costs or expenses not identified in these rules are the sole responsibilities of the winners. Each winner may be required to provide the Sponsor with valid identification and a valid taxpayer identification number or social security number before any prize will be awarded. Entrants winning over $600 in prizes will receive an IRS form 1099 at the end of the calendar year, and a copy of such form will be filed with the IRS.
US and Canadian residents only: By participating in the Sweepstakes, entrants agree to release, indemnify, defend and hold Sponsor, and respective parents, affiliates, subsidiaries, directors, officers, employees, and agents, including advertising and promotion agencies, and assigns, and any other organizations/entities related to the Sweepstakes (collectively, “Releasees”) harmless from any and all claims, injuries, damages, expenses, or losses to person or property and/or liabilities of any nature that in any way arise from participation in the Sweepstakes or acceptance or use of a prize or parts thereof, including without limitation (i) any condition caused by events beyond Releasees’ control that may cause the Sweepstakes to be disrupted or corrupted; (ii) any injuries, losses, or damages (compensatory, direct, incidental, consequential, or otherwise) of any kind arising in connection with or as a result of any prize, or acceptance, possession, or use of any prize, or from participation in the Sweepstakes; and (iii) any printing or typographical errors in any materials associated with the Sweepstakes.
10. LIMITATION OF LIABILITY: The Releases are not responsible for (i) late, lost, delayed, damaged, incomplete, illegible, misdirected or undeliverable entries, responses, or other correspondence, whether by e-mail or postal mail or otherwise; (ii) theft, destruction, unauthorized access to or alterations of entry materials; or (iii) phone, electrical, network, computer, hardware, software program, or transmission malfunctions, failures or difficulties.
US and Canadian residents only: Prizes are awarded “as is, where is,” without warranty of any kind, express or implied, including without limitation any warranty of merchantability or suitability for a particular purpose. Except where prohibited, by participating in the Sweepstakes and submitting an entry, each entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or in connection with the prize awarded, determination of a winner, or any other matter relating to the Sweepstakes that cannot be resolved between such entrant and any Releasees shall be resolved individually, without resort to any form of class action; and (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes, but in no event attorneys’ fees. Notwithstanding anything to the contrary herein, in no event shall any entrant seek or be entitled to rescission, injunctive or other equitable relief or to enjoin or restrain the production, distribution, exhibition, operation or other exploitation of Sponsor’s property or production, the Sweepstakes, any website, content, advertising or other materials used, displayed or issued in connection with the Sweepstakes, or any submission or entry, and such entrant’s rights and remedies in any such event shall be strictly limited to the right to recover money damages, if any, in an action at law.
IN NO EVENT WILL ANY OF THE RELEASEES BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH PARTICIPATION IN THE SWEEPSTAKES, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO ALL ENTRANTS, AND IN PARTICULAR THIS EXCLUSION OF LIABILITY DOES NOT APPLY TO EXTRANTS RESIDENT IN GREAT BRITAIN.
GB residents only: You have certain rights under law in respect of these Sweepstakes and you have certain legal remedies if we breach any of these rights. Nothing in these Official Rules will affect these legal rights or remedies. For more information about your legal rights contact your local Citizens Advice Service. Nothing in these Official Rules shall exclude or limit our liability for fraudulent misrepresentation or for death or personal injury resulting from our failure to use reasonable care and skill or the failure of our employees or agents to do so. Subject to the above, we will not be responsible to you or any third party in any way, for any loss or damage whatsoever where such losses were not foreseeable by you and us at the time of you accepting the terms of these Official Rules or for business losses and/or losses to non-consumers (for example loss off business, loss of business information, business interruption and loss of profits).
11. PUBLICITY RELEASE:
US and Canadian residents only: Except where prohibited, an entrant’s participation in the Sweepstakes constitutes consent to the perpetual, worldwide, royalty-free use of his/her name, photo, and/or likeness, biographical information, entry, and statements attributed to him/her by any Releaseee for advertising and promotional purposes, including without limitation, inclusion on Sponsor’s social media platform(s) and website(s), in its e-mail blasts and any other media chosen by the Sponsor without compensation or additional compensation.
12. GENERAL CONDITIONS: By participating in the Sweepstakes, each entrant acknowledges that he/she has read these Official Rules and agrees to be bound by them and by the decisions of the Sponsor, which are final and binding on all matters pertaining to the Sweepstakes. Non-compliance with these Official Rules may result in disqualification and all associated entries will be void. All entries, as applicable, become property of the Sponsor and none will be acknowledged or returned. Sponsor reserves the right, in its sole discretion and without liability to the entrant, to cancel, modify or suspend the Sweepstakes in whole or in part, in the event of fraud, technical or other difficulties or if the integrity of the Sweepstakes is compromised but only where such event is beyond the Sponsor’s reasonable control. The Sponsor reserves the right to disqualify any entrant or winner, as determined by the Sponsor, without liability to the entrant or winner, where such entrant or winner has not complied with these Official Rules. The Sweepstakes is subject to these Official Rules and all applicable federal, state, provincial, and local laws and regulations. The Sweepstakes is void where prohibited or restricted by law. All disputes, issues and/or questions concerning the Sweepstakes, including the rights and obligations of the entrant and the Sponsor in connection with the Sweepstakes, or the construction, validity, interpretation and enforceability of these Official Rules shall be governed by, and construed in accordance with, for (i) US and Canadian residents: the laws of the State of New York without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York, and (ii) Great Britain residents: the laws of the country within Great Britain that is the individual’s place of habitual residence. Any legal actions, suits or proceedings related to the Sweepstakes (whether for breach of contract, tortious conduct or otherwise) will be brought, for (i) US and Canadian residents: exclusively in the state or federal courts located in New York County, New York, and each entrant accepts and submits to the personal jurisdiction of such courts with respect to any legal actions, suits or proceedings arising out of or related to the Sweepstakes, and (ii) Great Britain residents: the courts of the country within Great Britain that is the individual’s place of habitual residence. The Sponsor may amend the rules, or discontinue the Sweepstakes at any time for any reason. Except as set out in these Official Rules, the Sponsor disclaims any responsibility to notify entrants of any aspect related to the conduct of the Sweepstakes.
13. FORCE MAJEURE/EVENTS OUTSIDE OUR CONTROL: Without limiting any other provision in these Official Rules, in the event that any of the Sweepstakes’ activities or the Releasees’ operations or activities are affected, as determined by the Sponsor, in their sole discretion, including, without limitation, by reason of any acts of God, any action, regulation, order or request by any governmental or quasi-governmental entity (whether or not the action, regulations, order or request proves to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, war (declared or undeclared), fire, flood, pandemic, epidemic or public health crisis, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal) labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any law, rule, regulation, order or other action adopted or taken by any governmental, federal, state or local government authority, or any other cause, whether or not specifically mentioned above, subject to any governmental approval that may be required, the Sponsor shall let you know and will take reasonable steps to minimize the effect of the delay. Provided the Sponsor does this, the Sponsor shall have the right to modify, suspend, or terminate the Sweepstakes, and no Releasees shall be responsible or liable to any entrant or prize winner or any person claiming through such entrant or prize winner for the delay or any failure to supply the prize or any part thereof. The Sponsor is not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in entrant’s e-mail account to receive e-mail messages.
14. MISCELLANEOUS: The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Either party’s failure to (or decision not to) enforce any provision in these Official Rules shall not constitute a waiver of that or any other provision. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes-related materials and these Official Rules, these Official Rules shall prevail, govern, and control and the discrepancy will be resolved at Sponsor’s discretion.
15. WINNERS LIST: For the name of the official prize winner(s) (available after the date of the random drawing) or a copy of these Official Rules, send a self-addressed, stamped envelope to “FAKESPOT PLAYSTATION 5 AND XBOX SERIES SWEEPSTAKES - WINNERS LIST OFFICIAL RULES 110 Wall Street, New York, NY 10005. Vermont residents may omit return postage for Official Rules requests. Official Rules are also available during the Sweepstakes Period on Sponsor's website.