Important: Please read these Official Rules before entering this sweepstakes promotion.
By participating in this Sweepstakes, you agree to be bound by these Official Rules and represent that you satisfy all of the eligibility requirements below.
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES.
THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED, ADMINISTERED BY, OR ASSOCIATED WITH META PLATFORMS, INC., FACEBOOK, INC., GOOGLE, LLC., OR APPLE, INC.
Sweepstakes void where prohibited by law. Subject to applicable federal, state, and local laws.
1. Sweepstakes Period: The sweepstakes period for the “The Hillside Harvest Count the Pumpkins Sweepstakes” (the “Sweepstakes”) starts at 08:25:01 a.m. Pacific Time (PT) on August 29th, 2022 and ends at 07:30:59 a.m. PT on August 30th, 2022 (the “Sweepstakes Period”). All entries must be received during the Sweepstakes Period and meet other requirements in these Official Rules to be eligible to win a prize. Sponsor’s or its designee’s computer is the official time-keeping device for the Sweepstakes. Any attempted form of entry into the Sweepstakes other than as described in these Official Rules will be void.
2. Eligibility: The Sweepstakes is open only to individuals who meet the following criteria at the time and date of entry and through award of the prizes: (a) at least eighteen (18) years old (or the age of majority in their jurisdiction, whichever is older), and (b) are a citizen or legal resident of and physically residing in the United Kingdom or one (1) of the fifty (50) United States or District of Columbia. This Sweepstakes is void in Puerto Rico, Guam, American Samoa, all other United States territories, possessions, and protectorates, foreign based United States military installations and wherever restricted or prohibited by law. Any person who attempts to participate in this Sweepstakes, regardless of whether they satisfy the above eligibility requirements and/or ultimately enter the Sweepstakes successfully, is referred to in these Official Rules as an “Entrant”.
Directors, officers, members, managers, and employees of Big Fish Games, Inc. (“Sponsor”), and any of its respective parent companies, affiliate companies, subsidiaries, agents, professional advisors, advertising, promotional, public relations, and fulfillment agencies, consultants, legal counsel, website providers, web masters, and immediate family members of each are not eligible to win any prize. For the purposes of this Sweepstakes, “immediate family members” is defined as spouse, domestic partner, mother, father, grandmother, grandfather, children, “step” children, siblings, and their spouses.
IF YOU DO NOT MEET ANY OF THESE REQUIREMENTS, OR ANY OTHER ELIGIBILITY REQUIREMENTS IN THESE OFFICIAL RULES, YOU ARE NOT ELIGIBLE TO WIN A PRIZE.
By entering this Sweepstakes, Entrants agree to be bound by these Official Rules and the decisions of the Sponsor, which are final and binding in all respects and cannot be challenged or appealed.
3. How to Enter: Entrant must have a valid Facebook account to enter. Visit the Jackpot Magic Slots Page at https://www.facebook.com/jackpotmagicslots, find the Sweepstakes Post and respond with the correct answer (A, B, or C) to the question posed via the comment function within the Sweepstakes Post to be entered. Entries must be submitted during the Sweepstakes Period to be eligible. Entries generated by script, macro or other automated means or by any means which subvert the entry process are void. Limit one (1) entry per person/Facebook profile during the Sweepstakes.
If Entrant does not have a Facebook account, go tofacebook.com or download the Facebook app through the application store on your mobile device, and follow the instructions to set up an account. Entrant must comply with all applicable Facebook terms and conditions. The Facebook account and mobile application are both free. Once you have logged in to your Facebook account, visit the Jackpot Magic Slots Page as directed above.
Entrant must comment with the correct answer on the specific Sweepstakes Post on the Jackpot Magic Slots Page to enter the Sweepstakes. Sponsor is not responsible for lost, late, illegible, incomplete, invalid, unintelligible, misdirected, technically corrupted or garbled comments, which will be disqualified. Proof of submission will not be deemed to be proof of receipt by Sponsor.
By submitting an entry as instructed through any of the above methods (“Submission”), Entrant agrees that their Submission conforms to the Guidelines and Restrictions below. Sponsor may choose to remove any Submission or disqualify you from the Sweepstakes if it believes that your Submission fails to conform with the Guidelines and Restrictions. Upon completion of all required entry steps and compliance with the Guidelines and Restrictions, you will automatically receive one (1) entry into the Sweepstakes.
Limit: ONE ENTRY PER PERSON, REGARDLESS OF THE NUMBER OF FACEBOOK PROFILES THEY MAY HAVE, DURING SWEEPSTAKES PERIOD. Any attempt to obtain additional entries, including through multiple or duplicate accounts will result in disqualification.
If Entrant chooses to enter using their mobile device, standard data rates may apply. Entrant should consult their wireless service provider’s pricing plan for details.
Submission Guidelines and Restrictions:
a. Your Submission must not supply untruthful, incomplete, inaccurate, or misleading information.
b. Your Submission must be your original creation and be owned 100% by you, or, alternatively, you must have the full rights to grant the license and other rights that you grant to Sponsor in Section 11 below.
c. Your Submission must not (in Sponsor’s discretion): (i) violate any third party rights, including copyrights, trademark rights, or rights of privacy and publicity; (ii) contain disparaging or defamatory statements; (iii) include threats to any person, place, business, or group; (iv) be obscene, offensive, or indecent; (v) depict any risky behavior; (vi) contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; or (vii) contain unauthorized third party trademarks or logos.
4. Identity of Entrant: All Submissions must be submitted by the individual entrant. Bulk or automated entries will be disqualified (including entries made using any script, macro, bot, or promotional service). Multiple participants are not permitted to share the same email account. Any attempt to obtain additional entries through use of multiple accounts, fraud, or other illegitimate means will result in disqualification, at Sponsor’s discretion.
In the event of a dispute about the identity of the Entrant, entries will be declared made by the authorized account holder of the email address associated with the account on which the Submission is made. An “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 (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. A potential winner may be required to provide Sponsor with proof that a potential winner is the authorized account holder of the account associated with the winning entry.
5. Selection and Notification of Winner: On or about August 30th 2022 Sponsor will select the names of ten (10) potential winners of the prizes in a random drawing from among all eligible entry Submissions (each a “Prize”, and collectively “Prizes”). The odds of winning depend on the number of eligible entries received.
If a potential Prize winner is found ineligible or fails to comply with these Official Rules or any supplement rules or requests by the Sponsor, that individual’s claim to a Prize is forfeited and an alternate qualifying and eligible Entrant may be selected as a Prize winner and contacted at Sponsor’s sole discretion.
All Prizes legitimately claimed will be awarded.
Potential winners will be notified via private message on Facebook at the account used to make their entry, unless otherwise specified in these Official Rules or the Sweepstakes Post. The potential winner must respond no later than 16:00:00 (4:00pm) PT on August 30th, 2022 or the Prize will be forfeited. Notificaiton is deemed to have occurred immediately upon sending the private message on the Facebook platform. Sponsor is not responsible for private message on Facebook that are undeliverable or delivered to a supplemental inbox without notification, or any limitations associated with receipt or delivery of the the private message on Facebook. To the fullest extent permitted by applicable law, Sponsor may require each potential winner to sign and return an Affidavit of Eligibility and Liability/Publicity Release. If (i) the attempted notification is returned or bounced; (ii) any required documents are not returned as requested; or (iii) the potential winner is otherwise unable to accept the Prize by the required response date and time, the prize will be forfeited. If, for any reason, more bona fide prize winners come forward seeking to claim prizes in excess of the number of each type of Prize set forth in these Official Rules, the winners, or remaining winners, as the case may be, of the advertised number of Prizes available may be selected in a random drawing from among all persons making purportedly valid claims for such Prize(s). Inclusion in such drawing shall be each Entrant’s sole and exclusive remedy under such circumstances.
Verification of Potential Winner: EACH POTENTIAL WINNER IS SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE SWEEPSTAKES. AN ENTRANT IS NOT A PRIZE WINNER UNLESS AND UNTIL ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE AND NO FURTHER ACTION IS NEEDED.
6. Prize: Ten (10) winners will each receive Ten Million (10,000,000) Jackpot Magic Slots virtual coins. Approximate Retail Value (“ARV”) of each Prize: $9.99 US (£7.99 GBP). Total ARV of all Prizes: $99.90. (£79.99 GBP).
Prize winner will be required to provide Sponsor with a “Friend Code” for Prize fulfilment.
Prize Restrictions: ALL FEDERAL, STATE AND LOCAL TAXES ASSOCIATED WITH THE RECEIPT OR USE OF ANY PRIZE ARE THE SOLE RESPONSIBILITY OF THE WINNER. Prizes are not transferable. No substitutions or exchanges of any prize (including for cash) will be permitted, except that Sponsor reserves the right to substitute a prize of comparable or greater value for any prize. Sponsor will not replace any mis-redeemed, lost, or stolen prizes or prize components. Only the number of prizes stated in these Official Rules are available to be won in the Sweepstakes.
7. Release, Hold Harmless, and Indemnificaiton: BY ENTERING, ALL ENTRANTS IN THE SWEEPSTAKES, ENTRANT’S HEIRS, EXECUTORS, ADMINISTRATORS, LEGAL SUCCESSORS AND/OR ASSIGNS RELEASE AND AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS SPONSOR, META PLATFORMS, INC, FACEBOOK, INC., GOOGLE, LLC, APPLE, INC. AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS, AND ASSIGNS (THE “RELEASED PARTIES”) FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, LOSSES AND CAUSES OF ACTION FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, ALL CONSEQUENTIAL, PUNITIVE, AND INCIDENTAL DAMAGES), LIABILITY, LOSS, COST, FEES (INCLUDING ATTORNEYS’ FEES), INCLUDING, WITHOUT LIMITATION, DAMAGE TO PERSON (INCLUDING DEATH) OR PERSONAL OR REAL PROPERTY, DUE, IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, BY REASON OF THE ACCEPTANCE, POSSESSION, REDEMPTION, MISDIRECTION, USE OR MISUSE OF ANY PRIZE OR ANY PORTION OF ANY PRIZE OR PARTICIPATION IN THE SWEEPSTAKES OR FOR ANY AND ALL CLAIMS BASED ON RIGHTS OF PUBLICITY AND RIGHTS OF PRIVACY WHETHER ANY OF THESE THINGS ARE CAUSED, IN WHOLE OR IN PART, BY THE ACTS, OMISSIONS, NEGLIGENCE OR MISCONDUCT OF THE SPONSOR AND/OR ANY OTHER RELEASED PARTY.
8. Disclaimers: By participating in the Sweepstakes, Entrant agrees to release, discharge, indemnify, and hold harmless the Released Parties from and against any and all claims, liability, costs (including attorneys’ fees), losses, damages, fines or injuries (up to and including bodily injury and death) of any kind arising out of or related to: (i) Entrant’s participation in the Sweepstakes; (ii) any acceptance, possession, misuse or use of any Prize (including, without limitation, losses, damages or injuries to Entrant’s or any other person’s equipment or other property, or to their persons, including those arising from any travel to/from and participation in any Prize event or activity); (iii) the Released Parties’ violation of rights of publicity or privacy, claims of defamation or portrayal in a false light, or based on any claim of infringement of intellectual property; and (iv) any typographical, human, or other error in the printing, offering, selection, operation or announcement of any Sweepstakes activity and/or Prize. Without limiting the generality of the foregoing, Entrant agrees that the Released Parties have neither made nor will be in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, in connection with the Sweepstakes and/or with respect to Prizes, including, without limitation, to any Prize’s quality or fitness for a particular purpose. Entrant agrees that the Released Parties shall have no responsibility or liability for discontinued prizes; human error; incorrect or inaccurate transcription of registration and/or account information; any technical malfunctions of the telephone or data network, computer online system, computer dating mechanism, computer equipment, software, social media platform, or internet service provider utilized by Sponsor; interruption or inability to access Facebook, Jackpot Magic Slots, or any online service via the internet due to hardware or software compatibility problems; any damage to Entrant’s (or any third person’s) computer or mobile device and/or its contents related to or resulting from any part of the Sweepstakes; any lost/delayed data transmissions, omissions, interruptions, viruses, bugs, defects; and/or any other errors or malfunctions, even if caused by the negligence of the Released Parties. The Released Parties are not responsible for any changes or unavailability of the wireless carrier, internet service provider, or the social media platform used for purposes of administering this Sweepstakes that may interfere with the Sweepstakes (including any limitations, any restrictions, or any conditions on Sponsor’s ability to use the website, SMS text service, or social media platform for the Sweepstakes as set forth herein that are not acceptable to Sponsor) or ability of Entrant to timely enter, receive notices, or communicate with Sponsor via Facebook messenger, in which case Sponsor, in its sole discretion, may terminate or modify the Sweepstakes.
Sponsor is not responsible for human errors or for any damaged, tampered with, delayed, illegible, incomplete, inaccurate, garbled, late, lost, forged, misaddressed, misdirected, mutilated, mass machine-generated, unintelligible, incomprehensible, stolen entries or entries otherwise not in compliance with these Official Rules. In addition, Sponsor is not responsible for any typographical errors in these Official Rules, the Sweepstakes Post, Sweepstakes content, or any advertising materials for the Sweepstakes, or for any kind of computer, electronic, hardware, software, internet, network, data, technical or telephone failures and/or problems caused by the Sponsor, the social media platform, or any user, or by any of the equipment or programming associated with or utilized in the Sweepstakes, or by any human, typographical, electronic, network or other error that may occur in receiving and/or processing of the entries in the Sweepstakes, or by infection by computer viruses, bugs, tampering, unauthorized intervention, fraud or technical failure.
If the Sweepstakes becomes compromised, hampered, interrupted, not capable of running as planned, rendered impossible of performance in any way, or prevented, including, without limitation, because of any kind of ransomware, cyber-attack, computer viruses, bugs, electronic, hardware, software, internet, network, technical or telephone failures, tampering, unauthorized intervention, fraud, an event of force majeure, or any other cause created by any user or Entrant or a third party, or by any of the equipment or programming associated with or utilized in the Sweepstakes, Sponsor reserves the right, at its sole discretion, to change the Official Rules, to cancel, modify, suspend, or withdraw the Sweepstakes or any Sweepstakes offer and/or cancel, modify, suspend, or withdraw any method of entry, without notice, and select Prize winners from all valid entries received for the Sweepstakes prior to or after the cancellation, modification, suspension or withdrawal (if any) or to otherwise award any Prize(s) as deemed fair and appropriate by Sponsor in its sole discretion. As used herein, an event of force majeure shall be deemed to include, without limitation, an act of God or public enemy; an act or threat of terrorism, war (declared or undeclared), riot or civil commotion, fire, flood, natural or man-made epidemic/pandemic of health or other means, earthquake, explosion, riot or civil disturbance, public health crisis (e.g. COVID-19, SARS, Ebola, Measles), casualties, satellite or equipment failure, boycott, labor dispute, strike or stoppage (including a strike by the members of any union), labor or material shortage, transportation interruption of any kind, an act, regulation, order, guidance, or request of or by any federal, state or local authority or quasi-governmental entity (whether or not the act, regulation, order, guidance, or request proves to be invalid); DDoS, ransomware or cyber-attack; order of any court or jurisdiction; or any other cause not reasonably within Sponsor’s control.
9. General Conditions of Entry: All Entrants, as a condition of entry, agree that they have not been required to purchase any kind of Internet, wireless, or data service whatsoever to participate in and/or enter the Sweepstakes. The Sponsor is not responsible for the actions of Entrants in connection with the Sweepstakes, including any Entrant’s attempt to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity, or proper conduct of the Sweepstakes. Persons found tampering with or abusing any aspect of this Sweepstakes, or who Sponsor believes to be causing malfunction, error, disruption, or damage may be disqualified. Additionally, any attempt to cheat the Sweepstakes, as determined in the sole and absolute discretion of Sponsor, may result in immediate disqualification of Entrant, as well as other possible consequences, including disqualification from any and all existing and future sweepstakes and/or suspension from use of Sponsor’s games. ANY ATTEMPT BY A PERSON TO DAMAGE ANY WEBSITE (INCLUDING ANY SOCIAL MEDIA PLATFORM OR APPLICATION) OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK ALL LEGAL AND EQUITABLE REMEDIES FROM AND AGAINST ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor reserves the right, in its sole and absolute discretion, to disqualify (or terminate the Prize of) any individual who is found to be, or suspected of, acting in violation of these Official Rules, or to be acting in an unsportsmanlike, obscene, immoral, or disruptive manner, or with the intent to annoy, abuse, threaten, or harass any other person.
Entrant further understands and agrees that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state or territory of the United States or United Kingdom that may be applicable with respect to the foregoing release(s) are hereby expressly and forever waived. Entrant acknowledges that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN THEIR FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY THEM, WOULD HAVE MATERIALLY AFFECTED THEIR SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.
10. Limitations of Liability; Releases: By entering the Sweepstakes, you release Sponsor and all Released Parties from any liability whatsoever, and waive any and all causes of action, related to any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with the Sweepstakes or delivery, misdelivery, acceptance, possession, use of or inability to use any prize (including claims, costs, injuries, losses and damages related to rights of publicity or privacy, defamation or portrayal in a false light, whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty or other theory.
BY ENTERING THE SWEEPSTAKES, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, ADMINISTRATION OF THE SWEEPSTAKES, THESE OFFICIAL RULES, THE SWEEPSTAKES POST, AND ANY ADDITIONAL OR SUPPLEMENTARY RULES, AFFIDAVIT, PRIZE CLAIM DOCUMENTS, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ANY AND ALL CLAIMS, JUDGMENTS, AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN U.S. DOLLARS ($10.00 US), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (C) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED TEN U.S. DOLLARS ($10.00 US), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (D) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF, PROVIDED HOWEVER THAT NOTHING IN THESE OFFICIAL RULES WILL RESTRICT A CALIFORNIA RESIDENT’S RIGHT (IF ANY) TO PURSUE PUBLIC INJUNCTIVE RELIEF AS PERMITTED BY LAW IN ACCORDANCE WITH THE DISPUTE-RESOLUTION PROVISION ABOVE.
11. Use of Name, Likeness, etc.: To the fullest extent permitted by applicable law, entry into the Sweepstakes constitutes permission to use your name, hometown, aural and visual likeness, screen name, avatar, and prize information for advertising, marketing, and promotional purposes without further permission or compensation (including in a public-facing winner list). As a condition of being awarded any Prize, except where prohibited by law, winner may be required to execute a consent to the use of their name, hometown, aural and visual likeness, screen name, avatar, and prize information for advertising, marketing, and promotional purposes without further permission or compensation. By entering this Sweepstakes, you consent to being contacted by Sponsor for any purpose in connection with this Sweepstakes.
12. License to Submission: By entering the Sweepstakes and providing your Submission in connection with the Sweepstakes, you hereby grant to Sponsor a perpetual, irrevocable, royalty-free, worldwide, nonexclusive license, (with the right to sublicense), to publish, reproduce, display, perform, distribute, adapt, edit, modify, translate, create derivative works based upon, and otherwise use and sublicense your Submission, or any portion thereof (including your name and likeness as shown and conveyed in the Submission), in connection with the Sweepstakes and for other advertising, marketing, and promotional purposes, and to incorporate Submissions, in whole or in part, into other works in any manner, form, media or technology now known or later developed. Sponsor will have no obligation to publish or use or retain any Submission you submit or to return any such Submission to you. You agree that it is your sole responsibility to obtain all permissions and releases necessary for the grant of the rights contained in this paragraph. You agree to take, at Sponsor's expense, any further action (including execution of affidavits, tax forms, and other documents) reasonably requested by Sponsor to effect, perfect or confirm Sponsor's rights as set forth above in this paragraph. You will not be entitled to compensation for any use by Sponsor, or its agents, licensees or assignees, of your Submission.
14. Governing Law, Jurisdiction, and Venue: This Sweepstakes, administration of the Sweepstakes, these Official Rules any any supplemental rules, the Sweepstakes Post, a Prize, and/or any Prize claim documents or Affidvit and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the State of Washington, exclusive of conflict or choice of law rules.
The parties acknowledge that these Official Rules evidence a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted under these Official Rules shall be governed by the Federal Arbitration Act (9 U.S.C., §§ 1-16).
You and Sponsor irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts located in King County, Washington, for all disputes arising out of or relating to this Sweepstakes, administration of the Sweepstakes, these Official Rules any any supplemental rules, the Sweepstakes Post, a Prize, and/or any Prize claim documents or Affidvit, that are heard in court (not arbitration).
15. Dispute Resolution by Binding Arbitration: PLEASE READ THIS "DISPUTE RESOLUTION BY BINDING ARBITRATION" PROVISION CAREFULLY, BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH SPONSOR AND IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF.
THIS PROVISION PRECLUDES YOU FROM BRINGING ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION AGAINST SPONSOR. IT ALSO PRECLUDES YOU FROM PARTICIPATING IN OR RECOVERING RELIEF UNDER ANY CURRENT OR FUTURE CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION AGAINST SPONSOR BY SOMEONE ELSE. IN ADDITION, ARBITRATION PRECLUDES YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL.
WHETHER TO AGREE TO ARBITRATION IS AN IMPORTANT DECISION. IT IS YOUR DECISION TO MAKE AND YOU SHOULD NOT RELY SOLELY ON THE INFORMATION PROVIDED IN THESE OFFICIAL RULES, AS IT IS NOT INTENDED TO CONTAIN A COMPLETE EXPLANATION OF THE CONSEQUENCES OF ARBITRATION. YOU SHOULD TAKE REASONABLE STEPS TO CONDUCT FURTHER RESEARCH AND TO CONSULT WITH OTHERS REGARDING THE CONSEQUENCES OF YOUR DECISION.
Scope of Arbitration Provision. You and Sponsor agree that any dispute, claim or controversy arising out of or relating to this Sweepstakes, administration of the Sweepstakes, these Official Rules any any supplemental rules, the Sweepstakes Post, a Prize, and/or any Prize claim documents or Affidvit, (including, without limitation, any dispute concerning the breach, enforcement, construction, validity, interpretation, enforceability, or arbitrability of these Official Rules) (a “Dispute”), no matter when such Dispute arose or arises, shall be determined by arbitration, except that you and Sponsor are NOT required to arbitrate any Dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents.
Location of Arbitration and Applicable Rules. You and Sponsor agree that such arbitration shall occur in King County, Washington. You may request to appear in such proceedings telephonically or via video conference. You and Sponsor agree that such arbitration shall be conducted by a single arbitrator in accordance with the rules of the Judicial Arbitration and Mediation Service (“JAMS”), as modified by these Official Rules.
Authority of Arbitrator. With the exception of class procedures and remedies as discussed below under “Waiver of Class Relief,” the arbitrator shall have the authority to grant any remedy that would otherwise be available in court.
Confidentiality. You and Sponsor shall maintain the confidential nature of the arbitration proceedings and the arbitration award, including the arbitration hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.
Allocation of Arbitration Fees. If you assert a Dispute as a consumer, you will only be required to pay $250 of the fees charged by JAMS in connection with any arbitration under this section, and Sponsor will bear all other costs charged by JAMS or the arbitrator, including any remaining JAMS Case Management Fee and all professional fees for the arbitrator's services. You will still be responsible for paying your own attorneys’ fees.
WAIVER OF CLASS RELIEF. WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT, YOU AGREE THAT YOU AND SPONSOR WILL NOT COMMENCE AGAINST THE OTHER A CLASS ACTION, CLASS ARBITRATION OR OTHER REPRESENTATIVE ACTION OR PROCEEDING. YOU AND SPONSOR ARE EACH WAIVING RESPECTIVE RIGHTS TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY PAST, PENDING, OR FUTURE CLASS ACTION OR ANY OTHER CONSOLIDATED OR REPRESENTATIVE PROCEEDING.
If any portion of this section entitled “Dispute Resolution by Binding Arbitration” is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect.
STATUTE OF LIMITATIONS
You and Sponsor agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this Sweepstakes, administration of the Sweepstakes, these Official Rules any any supplemental rules, the Sweepstakes Post, a Prize, and/or any Prize claim documents or Affidvit must be filed within ONE (1) year after such claim arose; and is thereafter forever barred.
If any part of these Official Rules is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect.
Under California Civil Code Section 1789.3, California consumers are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N-112, Sacramento, California 95834, or by telephone at 1 (800) 952-5210.
16. General Conditions: Entrants agree to be bound by these Official Rules and by the decisions of Sponsor, which are final and binding in all respects. Sponsor reserves the right to change these Official Rules at any time, in its discretion, and to suspend or cancel the Sweepstakes or any entrant’s participation in the Sweepstakes should viruses, bugs, unauthorized human intervention, or other causes beyond Sponsor’s reasonable control affect the administration, security, or proper play of the Sweepstakes, or Sponsor otherwise becomes (in its discretion) incapable of running the Sweepstakes as planned. Entrants who violate these Official Rules, violate any law, rule, or regulation in connection with participation in the Sweepstakes, tamper with the operation of the Sweepstakes or engage in any conduct that is detrimental or unfair to Sponsor, the Sweepstakes, or any other entrant (as determined in Sponsor’s discretion) are subject to disqualification from the Sweepstakes. Sponsor reserves the right to lock out persons whose eligibility is in question or who have been disqualified or are otherwise ineligible to enter the Sweepstakes. Sponsor reserves the right to disqualify any entries received that contain inappropriate or offensive content. Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision. Any provision of these Official Rules deemed unenforceable will be enforced to the extent permissible, and the remainder of these Official Rules will remain in effect. The use of the terms “include” or “including” in these Official Rules is illustrative and not limiting.
17. Winner List; Rules Request: For a copy of the winner list, send an email to email@example.com within 60 days after the closing of the Sweepstakes Period, Attn, Hillside Harvest “Count the Pumpkins” Sweepstakes. To obtain a copy of these Official Rules, see bigfi.sh/crystalsweeps or send an email to firstname.lastname@example.org.
18. Intellectual Property Notice: BIG FISH is a trademark of Big Fish Games, Inc. The Sweepstakes and all accompanying materials are copyright © 2022 by Big Fish Games, Inc. All rights reserved.
19. Sponsor: Big Fish Games, Inc., 906 Alaskan Way, Suite 700, Seattle, WA 98104.
This Sweepstakes is in no way sponsored, endorsed, or administered by, or associated with Apple, Inc., Google, LLC, Alphabet, Inc., Meta Platforms, Inc., Facebook, Inc., or any other third-party not specifically designated by Sponsor. Information is being provided solely to Sponsor in accordance with these Official Rules.