NO PURCHASE OR PAYMENT NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. MONTHLY-PROMOTION PERIOD:
These official rules apply to a series of monthly drawings (each a "Promotion") of the Finger on the Pulse Community. Horizon Media, Inc. ("Horizon") is the sponsor of each Promotion. Each Promotion commences on the first calendar day of the applicable month at 12:00:01 a.m. ET and ending on the last calendar day of the applicable month at 11:59:59 p.m. ET (each a "Promotion Period"). The first Promotion will commence on August 1, 2017..
THIS PROMOTION IS OPEN ONLY TO NATURAL PERSONS WHO ARE LEGAL RESIDENTS OF AND PHYSICALLY LOCATED IN ONE (1) OF THE FIFTY (50) UNITED STATES OR THE DISTRICT OF COLUMBIA AND WHO HAVE REACHED THE LEGAL AGE OF MAJORITY IN THEIR JURISDICTION OF RESIDENCE AT THE TIME OF ENTRY. Promotion may only be entered from and within eligible jurisdictions. Employees and agents of Horizon Media, Inc. (the "Sponsor"), Toluna USA, Inc. (the "Administrator") its parent or subsidiaries and each of their respective affiliates, subsidiaries, successors, assigns and any entity involved in the development, production, implementation, administration, judging or fulfillment of the Promotion (collectively, the "Promotion Parties"), and the immediate family members and/or those persons living in the same household of such individuals, are not eligible to participate or win a prize in this Promotion. For the purpose of this Promotion, immediate family is defined as spouse, partner, mother, father, legal guardian, in-laws, grandmother, grandfather, brother, sister, children and grandchildren.
3. HOW TO ENTER:
All entrants who are invited by Sponsor and successfully complete a survey, forum, poll, chat, phone interview, email communication or other activity designated by Sponsor (each an "Activity" and together "Activities") during the Promotion Period will automatically be entered once in the Promotion every time each such Activity is completed, subject to the limitations below. Some Activities may be assigned to a specific group of Community members in specific categories, such as age or gender but a sufficient and varied number of Activities will be made available to Community members so as to permit a reasonable opportunity to garner additional entries.
All entries become the exclusive property of Sponsor, and none will be acknowledged or returned. Proof of submission will not be deemed to be proof of receipt by Sponsor.
4. ENTRY LIMIT:
There is a limit of one entry per completed Activity per Promotion. If it is discovered by the Sponsor (using any evidence or other information made available to or otherwise discovered by the Sponsor) that any person has attempted to: (i) obtain more entries than permitted; and/or (ii) use multiple names, identities, email addresses, and/or any automated, macro, script, robotic or other system(s) or program(s) to enter or otherwise participate in or disrupt this Promotion; then he/she may be disqualified from the Promotion in the sole and absolute discretion of the Sponsor. The Released Parties (defined below) are not responsible for late, lost, misdirected, delayed, incomplete or incompatible entries (all of which are void). No third party entry or entry through a sweepstakes service is permitted.
5. RIGHT TO VERIFY:
All entries are subject to verification at any time and for any reason. The Sponsor reserves the right, in its sole and absolute discretion, to require proof of identity and/or eligibility (in a form acceptable to the Sponsor - including, without limitation, government issued photo identification): (i) for the purposes of verifying an individual's eligibility to participate in this Promotion; (ii) for the purposes of verifying the eligibility and/or legitimacy of an entry entered (or purportedly entered) for the purposes of this Promotion; and/or (iii) for any other reason the Sponsor deems necessary, in its sole and absolute discretion, for the purposes of administering this Promotion in accordance with these Official Rules. Failure to provide such proof to the complete satisfaction of the Sponsor in a timely manner may result in disqualification in the sole and absolute discretion of the Sponsor.
6. THE PRIZES:
There will be 4 prizes (each, a "Prize" and collectively, the "Prizes") available to be won. Prizes consists of the following:
(1) $100, (1) $75, (1) $50 and (1) $25 gift card. Gift cards will be subject to all of the terms and conditions of the issuer and will be awarded based on US dollars. The total approximate retail value ("ARV") of all Prizes in the Promotion is $250.00
Each Prize must be accepted as awarded and is not transferable, assignable or convertible to cash (except as may be specifically permitted by Sponsor in its sole and absolute discretion). No substitutions except at Sponsor's option. Sponsor reserves the right, in its sole discretion, to substitute any Prize with a prize of equal or greater value, including, without limitation, but at Sponsor's sole discretion, a cash award. As part of the Prize acceptance agreement, the winner agrees to accept the Prize "as is", and entrants hereby acknowledge that Sponsor has neither made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to a Prize, including, without limitation, to a Prize's quality, merchantability or fitness for a particular purpose or express warranties (if any) provided exclusively by a prize supplier that are sent along with a Prize. If winner does not accept or use the entire Prize (as awarded), the unaccepted or unused part of the Prize will be forfeited and Sponsor will have no further obligation with respect to that Prize or portion of the Prize. Sponsor is not responsible for and winner will not receive the difference between the actual value of the Prize at the time of award and the stated ARV in these Official Rules or any Promotion-related materials. Prize winner will be solely responsible for all federal, state, and/or local taxes, and for any other fees or costs associated with the Prize he/she receives. Prize winner may be required to provide Sponsor with a valid social security number or W-9 form before the Prize will be awarded for tax reporting purposes.
7. WINNER SELECTION PROCESS:
On or about the first business day following the Promotion Period (each, a "Draw Date"), 4 eligible entrant(s) will be selected by random draw from among all eligible entries submitted and received to date during the Promotion Period in accordance with these Official Rules. Prize levels will be awarded in the order drawn and certified (i.e., first drawn and certified entry is a potential $100 winner, the second a potential $75 winner, etc.). The odds of winning depend on the number of eligible entries submitted and received during the Promotion Period in accordance with these Official Rules. Non-winning entries do not carry over into future Promotions.
8. WINNER NOTIFICATION PROCESS:
After each Draw Date, the Sponsor or its designated representative will make a minimum of three (3) attempts to contact each selected entrant within five (5) business days of the applicable Draw Date. If a selected entrant cannot be contacted within five (5) business days of the applicable Draw Date, or if there is a return of any notification as undeliverable; then he/she may, in the sole and absolute discretion of the Sponsor, be disqualified (and, if disqualified, will forfeit all rights to the applicable Prize) and the Sponsor reserves the right, in its sole and absolute discretion and time permitting, to randomly select an alternate eligible entrant from among the remaining eligible entries submitted and received to date during the Promotion Period in accordance with these Official (in which case the foregoing provisions of this section shall apply to such newly selected entrant).
Before being declared A CONFIRMED winner , each selected entrant will be required to sign and return within ten (10) business days of notification the Sponsor's affidavit of eligibility/liability release form, which (among other things): (i) confirms compliance with these Official Promotion Rules (the " Official Rules"); (ii) acknowledges acceptance of the applicable Prize (as awarded); (iii) releases the Promotion Parties and each of their respective officers, directors, agents, representatives, successors and assigns (collectively, the "Released Parties") from any and all liability in connection with this Promotion, the selected entrant's participation therein and/or the awarding and use/misuse of the applicable Prize or any portion thereof; and (iv) agrees (except where prohibited by law or regulation) to the publication, reproduction and/or other use of the selected entrant's name, address, voice, statements about the Promotion and/or photograph or other likeness without further notice or compensation, in any publicity or advertisement carried out by the Sponsor in any manner whatsoever, including print, broadcast or the internet. If a selected entrant fails to return the properly executed Promotion documents within the specified time, or if the winner does not otherwise comply with these Official Rules and/or cannot accept the Prize as awarded for any reason, then the selected entrant will be disqualified (and will forfeit all rights to the applicable Prize) and the Sponsor reserves the right, in its sole and absolute discretion and time permitting, to randomly select an alternate eligible entrant from among the remaining eligible entries submitted and received to date during the Promotion Period (in which case the foregoing provisions of this section shall apply to such newly selected entrant).
9. GENERAL CONDITIONS:
Except where prohibited by law or regulation, by participating, each entrant grants the Sponsor a perpetual, worldwide, royalty-free license to use his/her name, character, photograph, voice, biographical data and likeness in connection with the promotion of this Promotion and Sponsor, in all forms of media and by all manners (now and hereafter known), in perpetuity, without entrant's consent, review or approval, and each entrant waives any and all claims and/or rights to receive any royalties or other compensation for the Sponsor's use thereof, unless prohibited by law.
All entries become the property of the Sponsor. The Released Parties assume no responsibility for lost, delayed, incomplete, incompatible or misdirected entries. This Promotion is subject to all applicable federal, provincial and municipal laws. The decisions of the Sponsor with respect to all aspects of this Promotion are final and binding on all entrants without right of appeal, including, without limitation, any decisions regarding the eligibility/disqualification of entries and/or entrants.
The Released Parties will not be liable for: (i) any failure of the Website during the Promotion; (ii) any technical malfunction or other problems relating to the telephone network or lines, computer on-line systems, servers, access providers, computer equipment or software; (iii) the failure of any entry or other information to be received, captured or recorded for any reason, including, but not limited to, technical problems or traffic congestion on the Internet or at any website; (iv) any injury or damage to an entrant's or any other person's computer or other device related to or resulting from participating in the Promotion; and/or (v) any combination of the above.
Any automated computer receipt (such as a "thank you" message or one confirming delivery of entry) does not constitute proof of actual receipt by Sponsor of an entry for purposes of these Official Rules.
In the event of a dispute regarding who submitted an entry, entries will be deemed to have been submitted by the authorized account holder of the email address submitted at the time of signing up for the Panel. "Authorized account holder" is defined as the person who is assigned an email address by an internet provider, online service provider, or other organization (e.g. business, educational institute, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. An entrant may be required to provide proof (in a form acceptable to the Sponsor - including, without limitation, government issued photo identification) that he/she is the authorized account holder of the email address associated with the entry in question.
ANYONE DETERMINED TO BE IN VIOLATION OF THESE OFFICIAL RULES FOR ANY REASON IS SUBJECT TO DISQUALIFICATION IN THE SOLE AND ABSOLUTE DISCRETION OF THE SPONSOR AT ANY TIME.
The Sponsor reserves the right to withdraw, amend or suspend this Promotion (or to amend these Official Rules) in any way, in the event of an error, technical problem, computer virus, bugs, tampering, unauthorized intervention, fraud, technical failure or any other cause beyond the reasonable control of the Sponsor that interferes with the proper conduct of this Promotion as contemplated by these Official Rules. Any attempt to deliberately damage any website or to undermine the legitimate operation of this Promotion in any way (as determined by Sponsor in its sole and absolute discretion) is a violation of criminal and civil laws and should such an attempt be made, the Sponsor reserves the right to seek remedies and damages to the fullest extent permitted by law. The Sponsor reserves the right to cancel, amend or suspend this Promotion, or to amend these Official Rules, in any way without prior notice or obligation, in the event of any accident, printing, administrative, or other error of any kind, or for any other reason whatsoever in the interest of fairness or the proper administration of this Promotion.
EACH ENTRANT UNDERSTANDS AND AGREES THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY OF THE UNITED STATES ARE HEREBY EXPRESSLY WAIVED BY HIM/HER. SECTION 1542 READS AS FOLLOWS:
"CERTAIN CLAIMS NOT AFFECTED BY A GENERAL RELEASE. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."
The Sponsor reserves the right, in its sole and absolute discretion, and without prior notice, to adjust any of the dates and/or timeframes stipulated in these Official Rules, to the extent necessary, for purposes of verifying compliance by any entrant or entry with these Official Rules, or as a result of any technical or other problems, or in light of any other circumstances which, in the opinion of the Sponsor, in its sole and absolute discretion, affect the proper administration of the Promotion as contemplated in these Official Rules, or for any other reason in the interest of fairness or the proper administration of the Promotion.
In the event of any discrepancy or inconsistency between the terms and conditions of these Official Rules and disclosures or other statements contained in any Promotion-related materials, including, but not limited to: the entry form, Website, translated version of these Official Rules (if any), and/or point of sale, television, print or online advertising; the terms and conditions of these Official Rules shall prevail, govern and control to the fullest extent permitted by law.
10. GOVERNING LAW AND DISPUTES:
All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of entrants', Sponsor or the Released Parties in connection with the Promotion will be governed by and construed in accordance with the applicable laws of the United States and the State of New York, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other jurisdiction's laws. Any and all disputes, claims, and causes of action arising out of or connected with this Promotion, or any prize awarded shall be resolved individually, without resort to any form of class action, and solely and exclusively in a federal or state court located in the County of New York, New York and to submit to the sole and exclusive personal jurisdiction to said courts in the State of New York, for any such dispute and irrevocably waive any and all rights to object to such jurisdiction; b) that any and all claims, judgments, and awards shall be limited to actual out of pocket costs incurred, but in no event attorneys' fees, legal expenses or court costs; and c) that under no circumstances will you be permitted to obtain awards for and you hereby waive all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY.
11. WINNERS LIST
A winner's list is available if legally required and only within the ninety (90) days following the Promotion Period. In order to obtain a winner's list, send a self-addressed, stamped envelope to "Finger On The Pulse promotion, Winner List Request-[Month, Year]," to Toluna USA, Inc. 21 River Road, Suite 2000, Wilton, CT 06897. Please insert the applicable month and year of the applicable Promotion in the bracketed area indicated in the foregoing address.
Sponsored by Horizon Media, Inc., 75 Varick Street, New York, NY 10013.