Giveaway Rules   /  

Talegate Giveaway Rules

Updated 2017

TALEGATE GIVEAWAY RULES

NO PURCHASE NECESSARY. A PURCHASE DOES NOT IMPROVE YOUR CHANCE OF WINNING.

ELIGIBILITY

All Talegate Giveaways for Registered Users ("Giveaways") are open only to individual legal residents of the fifty (50) states of the United States, the District of Columbia, and Canada (excluding residents of Quebec), who are registered users of the Talegate platform and who are age 13 or older as of the date of each Giveaway. Employees, officers, directors, members, and trustees of Honeycommb ("Sponsor"), and their respective parents, affiliated and subsidiary companies, advertising and promotional agencies, web masters and web suppliers, hosts and developers of the Talegate platform/application, and persons engaged in the development of materials related to the Giveaways and/or the implementation of the Giveaways, and members of the immediate family (parents, siblings, children and spouse, wherever they reside) or same household members (whether or not related) of such employees, officers, directors, members and trustees are not eligible to win a prize. Professional Football players who are verified users of Talegate are not eligible to win a prize in these Giveaways. Groups, clubs, organizations, commercial entities, and businesses are not eligible to win a prize. By posting a photo, comment, video or otherwise interacting with the Talegate platform and/or application, or otherwise participating in any of the Giveaways, you agree to these Official Rules and to all decisions of the Sponsor, which are final and binding. Giveaways are void in Quebec and where prohibited.

TIMING

Each Giveaway begins and ends at the times and dates stated in the posts on the Talegate platform/application containing the Giveaway offer (each such period a "Giveaway Period"). Sometimes the Giveaway Period may consist of only a single day. Other times, the Giveaway Period may last for a week, or longer period. The Giveaways may run through the end of calendar year 2017; however, Sponsor is not obligated to offer Giveaways through December 31, 2017.

TO ENTER

No purchase necessary to enter or win. At the beginning of each Giveaway Period, Sponsor will add a post, or a series of posts, to the Talegate platform/application outlining the parameters for the Giveaway. Registered users may be asked to post photos, make comments, post videos, or take other actions on the Talegate platform. Or, Giveaways may involve receiving, for example, the most "fist bumps" for a post. Participation on the Talegate platform constitutes entry into the Giveaways. Participants do not need to take any additional actions to enter the Giveaways. Sponsor will only consider activities occurring during the designated Giveaway Period when determining the winner for a Giveaway. Activities generated by a script, macro, or other automated means will be disqualified.

Winner Selection and Notification

Within five (5) business days following the close of each Giveaway Period, Sponsor will select the stated number of potential winners from among all eligible activities during the applicable Giveaway Period. All winner selections are in the sole discretion of Sponsor. Please keep in mind that not all users of the Talegate platform/application are eligible for prizes in these Giveaways, so the winner may not always be the user with the absolute highest number of "fist bumps," for example, if the user with the highest number of "fist bumps" during a particular Giveaway Period is not eligible to participate in these Giveaways. Sponsor will notify potential winners, at its discretion, via e-mail at the e-mail address associated with the Talegate platform registration, via text message if a potential winner has provided a mobile number with permissions to receive texts, or via direct notification through the Talegate application within three (3) business days following selection. Participants are solely responsible for checking their e-mail inboxes, Talegate notifications and text messages to see if they are potential winners. No additional notifications will be provided. Sponsor is not responsible for e-mail notifications that may end up in a potential winner's spam filter. If a potential winner is a resident of Canada, he or she must first correctly answer a time limited arithmetic skill testing question, without aid or assistance, before being confirmed as the winner. Each potential winner must respond to the notification via e-mail to digital@honeycommb.com within the time stated in the notification (typically three (3) business days) in order to confirm the prize. Potential winners must also sign and return within the time designated (typically ten (10) days) a declaration of eligibility and liability/publicity release, where legal, in order to claim the prize. If a potential winner is a minor in his or her state or province of residence, then a parent or guardian must sign on his or her behalf. If a potential winner does not send the e-mail response to the notification, or if a potential winner (or a parent or guardian) does not sign and return the declaration and release form within the time designated, or if a Canadian potential winner fails to correctly answer the arithmetic skill testing question in the manner prescribed, or if a potential winner is discovered to be not in compliance with these Official Rules or is otherwise ineligible, then that potential winner will be disqualified and the prize will be forfeited and an alternate winner will be selected and notified according to the procedure in these Rules.

Prizes

Information about the number, nature and value of the prizes will be set forth in the initial post(s) about each Giveaway, and will vary from Giveaway to Giveaway. Odds of winning a prize will depend on the number of eligible activities performed by eligible registered users during the applicable Giveaway Period and how closely the participant's activity aligns with the theme or criteria for the Giveaway, as determined in Sponsor's sole discretion. Prizes may consist primarily of Football-related merchandise and memorabilia, including but not limited to Football jerseys, Football trading cards, autographed items, and the like. The approximate retail values, brands, sizes, colors, autographs, and other prize details are in the sole discretion of Sponsor, are subject to availability, and may vary widely from Giveaway to Giveaway. No cash in lieu of prize and no substitution of prize is allowed, except in Sponsor's sole discretion. Prizes are non-transferable prior to award. Any local, state, or federal taxes associated with the prize are the sole responsibility of the winner. In the event any prize value exceeds $600, Sponsor will issue an IRS 1099 form in the amount of the total prize value for winners who are U.S. residents. Limit one prize per registered user per 30-day period and limit two (2) prizes per registered user among all Giveaways in 2017. If as of the date of selection for a particular Giveaway a registered user had previously won a prize in the Giveaways during the last 30 days, that registered user would not be eligible to win a prize and Sponsor will select and notify an alternate winner for that Giveaway. Once a registered user has won two (2) prizes in the Giveaways during 2017, that user is no longer eligible to receive prizes for the remainder of the 2017 Giveaways. Prizes will be shipped to the winners within six to eight weeks following confirmation. Returned prizes will not be awarded. In the event Sponsor determines that none of the activities of registered users on the Talegate platform/application during a particular Giveaway Period meet the stated criteria for that Giveaway, then Sponsor reserves the right not to select a winner and award a prize for that Giveaway, in its sole discretion. Names of the winners will be posted on the Talegate platform, or request a winners' list by sending an e-mail by 11:59:59 p.m. PT on January 31, 2018, with the subject line "Talegate Public Giveaways 2017 Winners' List" to digital@honeycommb. Allow 4-6 weeks thereafter for delivery of Winners’ List via e-mail.

Miscellaneous

Giveaways and all activities on the Talegate platform/application are subject to all terms and conditions applicable to the use of the Talegate platform/application, which are incorporated by reference in these Official Rules. In the event of a dispute as to the identity of a participant, activities on the Talegate platform/application will be deemed made by the authorized account holder of the email address associated with the Talegate account generating the activity. The “authorized account holder” is deemed as the natural person who is assigned to an email address by an Internet access provider, service provider or other online organization that is responsible for assigning email addresses for the domain associated with the submitted e-mail address. A potential winner may be requested to provide Sponsor with proof that the potential winner is the authorized account holder of the email address associated with the winning entry. If for any reason a Giveaway is not capable of running as planned, including due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, human error or any other causes beyond the control of Sponsor that corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Giveaway, the Sponsor reserves the right in its sole discretion, to cancel, terminate, modify or suspend the Giveaway, to otherwise make prizes available to be won in a manner deemed by Sponsor in its sole discretion, to be fair, appropriate and consistent with the spirit of these Official Rules, and/or to disqualify any individual who may have tampered with the entry process. Sponsor reserves the right to void suspect activities, in its sole discretion. Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. Sponsor is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, or providers, including but not limited to the Talegate platform/application, computer equipment, mobile devices, software, failure of any activity to be recorded or received by Sponsor on account of technical problems or traffic congestion on the Internet or at any web site, any combination thereof, or otherwise, including any injury or damage to entrant’s or any other person’s computer or mobile device related to or resulting from participation or downloading any materials in the Giveaways. Sponsor is not responsible for late, lost, illegible, incomplete, stolen or misdirected mail, email, notifications or other communications. Text and data charges may apply and are solely the responsibility of participants.

By participating, you agree that the Sponsor, its parents, subsidiaries, and affiliates, and all of their respective officers, directors, employees, members, licensees, retailers, trustees, representatives and agents (collectively, "Sponsor Released Parties"), will have no liability whatsoever for any injury, loss or damages of any kind to persons, including death, and property, due in whole or in part, directly or indirectly, from the acceptance, possession, use or misuse of a prize or participation in any of the Giveaways. By participating, you agree that Sponsor, and those acting under its authority, may use your name, Talegate screen name, likeness, statements, posts and/or voice, for advertising, trade and promotional purposes in any media or format now known or hereafter devised, throughout the world, in perpetuity, without limitation and without further consideration, permission or notification, unless prohibited by law.

By participating in the Giveaways, you agree to waive any and all claims against, and release, the Sponsor Released Parties from any liability, injury, damage or loss of any kind that may occur, directly or indirectly, in whole or in part, from participation in the Giveaways or from receipt or use of any prize or any travel or activity related to the Giveaway or prize (including, without limitation, any property loss, damage, personal injury or death caused to any person(s).

Sponsor Released Parties undertake no liability or responsibility and make no warranties (express or implied) with respect to (i) the performance (including without limitation merchantability or fitness for a particular purpose) or value of the prize awarded or the Giveaways, (ii) failure to perform or negligent performance by any service provider, or (iii) any other liability, loss, risk, incident or damage relating to or arising from the Giveaways, the conduct of participants or any prize.

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 portion of any provision of the Official Rules is determined to be invalid or otherwise unenforceable or illegal, such portion shall be severed from this agreement, and 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. Participants agree to waive any rights to claim ambiguity of these Official Rules. Sponsor’s waiver of any provision of the Agreement shall not be considered a waiver of any other provision or of Sponsor’s right to require strict observance of each of the terms herein. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Giveaway-related materials, privacy policy or terms of use on an applicable website and/or the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control and the discrepancy will be resolved in Sponsor’s sole and absolute discretion. Sponsor reserves the right to modify these Official Rules for clarification purposes without materially affecting the terms and conditions of the Giveaways. In the event that the Giveaways are challenged by any legal or regulatory authority, Sponsor reserves the right to discontinue or modify the Giveaways, or to disqualify verified users residing in the affected geographic areas. In such event, the Sponsor Released Parties shall have no liability to any participants who are disqualified due to such an action.

Except where prohibited by law, participants agree that: (a) any and all disputes, claims, and causes of action arising out of or connected with these Official Rules or these Giveaways (and/or the rights and obligations of Sponsor and/or participant in conjunction therewith) (collectively, "Disputes") shall be resolved individually, without resort to any form of class action, and exclusively by an action; (b) any and all Disputes shall be resolved in state or federal court in the State of New York; (c) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in these Giveaways but in no event attorneys’ fees; (d) under no circumstances will participant be permitted to obtain awards for and participant hereby waives 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; and (E) THEY WAIVE AND HEREBY DO WAIVE THEIR RIGHT TO A TRIAL BY JURY IN ANY SUCH ACTION. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules (and/or the rights and obligations of Sponsor vis-á-vis participant and participant vis-á-vis Sponsor in conjunction therewith) shall be governed by, and construed in accordance with, the laws of the State of New York without regard for conflicts of law/choice of law doctrine of New York or of any other jurisdiction.

Places App Inc. DBA Honeycommb, 405 Lexington Ave, New York, NY 10174, is the Sponsor (“Sponsor”)

Places App, Inc.
DBA Honeycommb
Attn: Privacy Policy
405 Lexington Avenue
32nd Floor
New York, NY 10174
Email: talegate@honeycommb.zendesk.com