UM – Tossed Survey – Contest Disclaimer
NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE THE CHANCES OF WINNING.
- Eligibility: This Survey is open only to those who sign up at the [Survey URL] and who are 18 years of age or older as of the date of entry. The Survey is only open to legal residents of the United States of America and is void where prohibited by law. Employees of Tossed Franchise Company LLC, its affiliates, subsidiaries, advertising and promotion agencies, and suppliers, (collectively the “Employees”), and immediate family members and/or those living in the same household of Employees are not eligible to participate in the Survey. The Survey is subject to all applicable federal, state, and local laws and regulations. Void where prohibited.
- Agreement to Rules: By participating, the Contestant (“You”) agree to be fully unconditionally bound by these Rules, and You represent and warrant that You meet the eligibility requirements. In addition, You agree to accept the decisions of Tossed Franchise Company LLC Tossed as final and binding as it relates to the content of this Survey.
- Survey Period: Entries will be accepted online starting on [start date, time, and time zone] and ending [end date, time, and time zone]. All online entries must be received by [end date, time, and time zone].
- How to Enter: The Survey must be entered by submitting an entry using the online form provided at [Survey URL]. The entry must fulfill all Survey requirements, as specified, to be eligible to win a prize. Entries that are incomplete or do not adhere to the rules or specifications may be disqualified at the sole discretion of [your company name]. Optional verbiage to include: You may enter only once. You must provide the information requested. You may not enter more times than indicated by using multiple email addresses, identities, or devices in an attempt to circumvent the rules. If You use fraudulent methods or otherwise attempt to circumvent the rules, your submission may be removed from eligibility at the sole discretion of Tossed Franchise Company LLC.
- Prizes: The Winner(s) of the Survey (the “Winner”) will receive [list prizes and approximate retail value]. Actual/appraised value may differ at time of prize award. The specifics of the prize shall be solely determined by Tossed Franchise Company LLC. No cash or other prize substitution shall be permitted except at [your company name’s] discretion. The prize is nontransferable. Any and all prize-related expenses, including without limitation any and all federal, state, and/or local taxes, shall be the sole responsibility of Winner. No substitution of prize or transfer/assignment of prize to others or request for the cash equivalent by Winner is permitted. Acceptance of prize constitutes permission for Tossed Franchise Company LLC to use Winner’s name, likeness, and entry for purposes of advertising and trade without further compensation, unless prohibited by law.
- Odds: The odds of winning depend on the number of eligible entries received.
- Winner Selection and Notification: Winner will be selected by a random drawing under the supervision of Tossed Franchise Company LLC. Winner will be notified by email or text messaging within five (5) days following selection of Winner. Tossed Franchise Company LLC shall have no liability for Winner’s failure to receive notices due to spam, junk e-mail or other security settings or for Winner’s provision of incorrect or otherwise non-functioning contact information. If Winner cannot be contacted, is ineligible, fails to claim the prize within [xx days] from the time award notification was sent, or fails to timely return a completed and executed declaration and release as required, the prize may be forfeited and an alternate Winner selected. Receipt by Winner of the prize offered in this Survey is conditioned upon compliance with any and all federal, state, and local laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY WINNER (AT Tossed Franchise Company LLC’s SOLE DISCRETION) WILL RESULT IN WINNER’S DISQUALIFICATION AS WINNER OF THE SURVEY, AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.
- Rights Granted by You: By entering this content (e.g., photo, video, text, etc.), You understand and agree that Tossed Franchise Company LLC, anyone acting on behalf of Tossed Franchise Company LLC and their franchise partners, franchisees, licensees, successors, and assigns, shall have the right, where permitted by law, to print, publish, broadcast, distribute, and use in any media now known or hereafter developed, in perpetuity and throughout the World, without limitation, your entry, name, portrait, picture, voice, likeness, image, statements about the Survey, and biographical information for news, publicity, information, trade, advertising, public relations, and promotional purposes. without any further compensation, notice, review, or consent. Optional verbiage for Contests: By entering this content, You represent and warrant that your entry is an original work of authorship, and does not violate any third party’s proprietary or intellectual property rights. If your entry infringes upon the intellectual property right of another, You will be disqualified at the sole discretion of [your company name]. If the content of your entry is claimed to constitute infringement of any proprietary or intellectual proprietary rights of any third party, You shall, at your sole expense, defend or settle against such claims. You shall indemnify, defend, and hold harmless Tossed Franchise Company from and against any suit, proceeding, claims, liability, loss, damage, costs or expense, which Tossed Franchise Company LLC may incur, suffer, or be required to pay arising out of such infringement or suspected infringement of any third party’s right.
- Terms & Conditions: Tossed Franchise Company LLC reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Survey should virus, bug, non-authorized human intervention, fraud, or other cause beyond Tossed Franchise Company LLC’s control corrupt or affect the administration, security, fairness, or proper conduct of the Survey. In such case, Tossed Franchise Company LLC may select the Winner from all eligible entries received prior to and/or after (if appropriate) the action taken by Tossed Franchise Company LLC. Tossed Franchise Company LLC reserves the right, in its sole discretion, to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Survey or website or violates these Terms & Conditions. Tossed Franchise Company LLC has the right, in its sole discretion, to maintain the integrity of the Survey, to void votes for any reason, including, but not limited to: multiple entries from the same user from different IP addresses; multiple entries from the same computer in excess of that allowed by Survey rules; or the use of bots, macros, scripts, or other technical means for entering. Any attempt by an entrant to deliberately damage any website or undermine the legitimate operation of the Survey may be a violation of criminal and civil laws. Should such attempt be made, Tossed Franchise Company LLC reserves the right to seek damages to the fullest extent permitted by law.
- Limitation of Liability: By entering, You agree to release and hold harmless Tossed Franchise Company LLC and its franchise partners, franchisees, licenses, subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers, and directors from any liability, illness, injury, death, loss, litigation, claim, or damage that may occur, directly or indirectly, whether caused by negligence or not, from: (i) such entrant’s participation in the Survey and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof; (ii) technical failures of any kind, including but not limited to the malfunction of any computer, cable, network, hardware, or software, or other mechanical equipment; (iii) the unavailability or inaccessibility of any transmissions, telephone, or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Promotion; (v) electronic or human error in the administration of the Promotion or the processing of entries.
- Disputes: THIS Survey IS GOVERNED BY THE LAWS OF the United States of America AND the State of Delaware, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Survey, participant agrees that any and all disputes that cannot be resolved between the parties and causes of action arising out of or connected with this Survey, shall be resolved individually, without resort to any form of class action, exclusively before a court located in Delaware having jurisdiction. Further, in any such dispute, under no circumstances shall participant be permitted to obtain awards for, and hereby waives all rights to, punitive, incidental, or consequential damages, including reasonable attorney’s fees, other than participant’s actual out-of-pocket expenses (i.e. costs associated with entering this Survey). Participant further waives all rights to have damages multiplied or increased.
- Winners List: To obtain a copy of the Winner’s name or a copy of these Official Rules, mail your request along with a stamped, self-addressed envelope to: Tossed Franchise Company LLC, 851 Broken Sound Parkway NW, Suite 136 Boca Raton, Florida USA. Requests must be received no later than December 14th 2018 at 4:00 pm EST.
- Sponsor: The Sponsor of the Survey is Tossed Franchise Company LLC 851 Broken Sound Parkway NW, Suite 136 Boca Raton, Florida USA.
- Facebook: If you use Facebook to communicate or administer a contest or sweepstakes, include the following: The Survey hosted by Tossed Franchise Company LLC is in no way sponsored, endorsed, administered by, or associated with Facebook.
- By checking, You, the Contestant, have affirmatively reviewed, accepted, and agreed to all of the Official Rules.