Official Rules
MONEYBAGS SWEEPSTAKES
OFFICIAL RULES
NO PURCHASE IS NECESSARY TO ENTER OR WIN A PRIZE. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.
WINNER WILL BE REQUIRED TO PARTICIPATE IN THE PRIZE FULFILLMENT PROCESS AND SIGN DOCUMENTS, SUCH AS A RELEASE, AS DETAILED BELOW.
BY PARTICIPATING, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE SPONSOR (DEFINED BELOW) FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
SWEEPSTAKES DESCRIPTION. The MONEYBAGS SWEEPSTAKES consists of a random drawing game (the “Sweepstakes”) that begins on May 1, 2018 at 8:00 AM Eastern Standard Time (EST), and ends July 31, 2018 at 5:00PM EST (the “Sweepstakes Period”), unless extended as provided in these Official Rules. Void in Puerto Rico, all U.S. Territories and jurisdictions (including overseas military installations), and where prohibited. The Sweepstakes is governed by these Official Rules. (For the avoidance of doubt, any references in these Rules to Participants shall also include those Participants who are deemed Winners (as defined below)).
Sponsor reserves the right to extend the Sweepstakes Period by up to three (3) times for a maximum extension period of ninety (90) days. Any such extension may be undertaken in a manner determined by Sponsor in their sole and absolute discretion. Any extension of the Sweepstakes Period will be announced on Sponsor’s website.
WHO IS ELIGIBLE TO PARTICIPATE/TO WIN.
Eligibility. The SWEEPSTAKES is open only to natural persons who are legal residents of one of the 50 United States (including the District of Columbia) who are at least eighteen (18) years of age or the age of majority, which is older, in their respective state at the time of entry (the “Participants”). Employees, officers and representatives of the Sponsor, their respective parent companies, employees, officers, directors, subsidiaries, affiliates, distributors, sales representatives and advertising and promotional agencies, and the officers, directors, agents, and employees of each of the foregoing, and members of their immediate families (defined as including spouse, biological, adoptive and step-parents, grandparents, siblings, children and grandchildren, and each of their respective spouses, regardless of where they reside) or households (whether related or not) of any of the above (collectively, the “Released Parties”) are NOT eligible to participate in this Sweepstakes.
Agreement To Official Rules. Sweepstakes will be conducted in the Territory by Matchmade Merchandising LLC (the “Sponsor”), and each person who participates in the Sweepstakes (each a “Participant”) unconditionally accepts and agrees to comply with, abide by, and have all participation subject to these Official Rules and the decisions of the Sponsor, which shall be binding with respect to all aspect of the Sweepstakes in the Territory. Sponsor reserves the right to determine Participant’s eligibility based on the criteria set forth in these Official Rules.
To Be Eligible To Win. Winning the prize requires that the potential winner of the prize is, and remains, in compliance with these Official Rules and timely returns all prize claim documentation. Until a potential winner is verified to be eligible and in compliance with these Official Rules, the potential winner is, and will remain, a potential winner, unless the potential winner is disqualified for not complying with the Official Rules and/or not being eligible to participate in the Sweepstakes. Sponsor reserves the right to disqualify any potential winner who Sponsor, in its sole and absolute discretion, determines is not permitted by law to receive a prize. Sponsor is not required to conduct any advertising or public relations associated with a winner.
HOW TO ENTER.
There are two (2) ways to enter the Sweepstakes during the Sweepstakes Period.
Purchase the book: During the Sweepstakes Period, go to https://www.moneybagsbook.com/. Select the ‘Buy Now’ button to purchase your copy of the book Moneybags. Participants who purchase the book will automatically be entered into the Sweepstakes.
Mail-In Entry: During the Sweepstakes Period, the Participant may enter the Sweepstakes by hand printing in blue or black ink on a 3″ x 5″ notecard your full name, complete home address and zip code, home telephone number and area code, date of birth, and e-mail address (if any). Mail this completed card in a first-class stamped envelope to: 1784 Watercolor Way, Suite 103-305, Santa Rosa Beach, FL 32459. No metered mail will be accepted. All mail-in entries must be postmarked by July 31, 2018 and received August 7, 2018. No copies, facsimiles or mechanical reproductions will be accepted. Sponsor assumes no responsibility for lost, late, incomplete, stolen, misdirected, illegible or postage due entries or mail. Limit one (1) entry per outer mailing envelope. Participant may not enter on behalf of any other person. Participant must provide their physical residential address as their home address. Entries with non-residential, commercial, post office, or any other third-party address will be invalidated. Participants found to have entered on behalf of another person will be disqualified, as will the person on whose behalf they entered.
Limit: One (1) Entry per Participant during the Sweepstakes Period, regardless of method of entry. If it is discovered or suspected, in Sponsor’s sole discretion, that a Participant has registered or attempted to register for the Sweepstakes using multiple addresses or identities, or if a Participant enters or attempts to receive more than one (1) Entry, all of that Participant’s entries, in Sponsor’s sole discretion, may be declared null and void and any prize he/she might have been entitled to will not be awarded to him/her. Any Participant suspected of or found by Sponsor to be entering by automatic, programmed, script, bot, third-party or otherwise fraudulent method, in Sponsor’s sole discretion, will be disqualified and all entries made by such methods will be ineligible to win.
Important notice regarding online entry from your mobile device: Depending on your wireless service provider/plan, Participant may be subject to additional fees when completing an entry from a mobile device in connection with entering and participating in the Sweepstakes or communicating with Sponsor or its representatives. Participants using a mobile device for entry are solely responsible for all charges, fees and taxes associated with entry and participation in this Sweepstakes. Participants should consult their wireless service provider regarding its pricing plans prior to participating via a mobile device.
SWEEPSTAKES – PRIZES/ODDS/DETAILS. The odds of winning a prize in the Sweepstakes will depend on the actual number of valid entries received. One (1) prize total is available for distribution in the Territory. The total Approximate Retail Value (“ARV”) for the Sweepstakes prize is $150,000 (US).
Potential winner will be selected in a random drawing by Sponsor, whose decision is final and binding, from among all valid and eligible entries received during the Sweepstakes Period, which will be held approximately five (5) days after the end of the Sweepstakes Period. If a potential winner does not respond within seven (7) days after the first attempt to contact him/her, or the prize notification is returned as undeliverable, that potential winner will be deemed to have forfeited the prize. By entering the Sweepstakes, Participants fully and unconditionally agree to be bound by these rules and the decisions of the Sponsor, which will be final and binding in all matters relating to the Sweepstakes. Only the number of prizes stated in these Official Rules is available to be won in the Sweepstakes. If, by reason of error, more prizes are claimed than the number set forth in these Official Rules, a random drawing will be held among all eligible claimants making purportedly valid claims to award the advertised number of prizes available. Inclusion in such drawing will be the Participant’s sole and exclusive remedy under such circumstances.
Random Draw. The name of a potential winner shall be selected at random from among all valid and eligible entries. The odds of being selected depend on the actual number of valid and eligible entries. If a potential winner is found to be ineligible for any reason or has not complied with these Official Rules, the Prize Claim Documents, or declines the prize for any reason prior to award, such potential winner will be declared ineligible and disqualified.
Prizes. Grand Prize.: One (1) winner will receive a Hermès 30cm Birkin Blanc Himalaya Matte Niloticus Crocodile woman’s handbag. Total approximate retail value (“ARV”) of the Grand Prize is $150,000.
Any difference between the stated approximate retail value and actual value of a prize will not be awarded. The winner is responsible for any and all applicable taxes. The Prize is not transferable. Prize cannot be substituted, assigned, transferred, or redeemed for cash; however, Sponsor reserves the right to substitute the Grand Prize with a prize of equal or greater value if the item originally chosen is not available for any reason as determined by the Sponsor in its sole discretion.
Except as indicated in these Official Rules, any local, state or federal taxes associated with any Prize awarded in connection with the Sweepstakes are the sole responsibility of the Prize Winner. Prize winner will receive a Form-1099 tax form reflecting the actual value of prize. Except as indicated in these Official Rules, Sponsor is not liable for the payment of any taxes associated with the Prize. The Prize Winner should consult with a tax advisor concerning the tax consequences of winning the Sweepstakes.
Any photos used in the promotion, operation, or administration of the Sweepstakes are for display purposes only and may not reflect the actual prize to be awarded.
Prize Claim Documents. The Prize Claim Documents may include, but are not limited to: a Declaration or Affidavit of Eligibility (as solely determined by Sponsor), Release of Liability and, where lawful, a Publicity Release, the appropriate tax form for tax filing purposes (for the year a prize is received) (collectively “Prize Claim Documents), and such other documents as may be determined by Sponsor. All Prize Claim Documents must be returned as specified at notification before being eligible to receive his/her prize. If any potential winner fails or refuses to sign and return such Prize Claim Documents within the required time period, or if the prize notification is returned as rejected, faulty, unclaimed or returned as undeliverable, such potential winner may be disqualified and an alternate selected. Potential winner will not be declared the actual winner without review by Sponsor of the Prize Claim Documents. Prize fulfillment will be arranged by Sponsor with the declared winner. If verification results in forfeiture, the potential winner will not receive the prize. Upon prize forfeiture, no compensation will be given. Potential winner must submit his or her social security number as required by law and as requested in the Prize Claim Documents prior to being declared the winner. No Participant will be declared a winner unless all requested information is provided in the time period specified in the request documents.
RELEASE. By entering the Sweepstakes, each Participant agrees to release, indemnify and hold harmless the Released Parties from and against any liability, loss, damage, cost, and expense that the Released Parties may suffer as a result of any claims, suits, demands, actions, causes of action (“Claims”), penalties, expenses, or costs, including reasonable attorneys’ fees (“Losses”), whether foreseen or unforeseen, that may be made or had against the Released Parties.
IN NO EVENT WILL THE RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF PARTICIPATION IN THIS SWEEPSTAKES OR THE ACCEPTANCE, POSSESSION, USE, OR MISUSE OF, OR ANY HARM RESULTING FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF THE PRIZE(S). WITHOUT LIMITING THE FOREGOING, THIS SWEEPSTAKES AND ALL PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THESE LIMITATIONS OR EXCLUSIONS OF LIABILITY ARE SUBJECT TO APPLICABLE LAW.
As a condition of entering the Sweepstakes, Participant gives consent for Sponsor to obtain and deliver his/her name, address, and other information to third parties for the purpose of administering this Sweepstakes and complying with applicable laws, regulations, and rules. Any information Participant provides to Sponsor may be used to communicate with Participant in relation to this Sweepstakes or on a Sweepstakes winner’s list.
Sponsor is not responsible for any typographical or other error in the printing of this offer, administration of the Sweepstakes, or in the announcement of prizes. In the event Sponsor is prevented from continuing with this Sweepstakes, or the integrity and/or feasibility of the Sweepstakes is undermined by any event including, but not limited to: fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, or any federal, state or local government law, order or regulation, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), Sponsor shall have the right, in its sole discretion, to abbreviate, modify, suspend, cancel, or terminate the Sweepstakes. In the event of cancellation, Sponsor will award the Prize to a Participant randomly selected from among all valid and eligible entries received up to the time of such Force Majeure event. Sponsor reserves the right to modify these Official Rules in any way or at any time.
GENERAL PROVISIONS.
Sponsor’s computer is the official timekeeping device for the Sweepstakes. No automated entry devices, bots, spiders, mechanisms, programs, or otherwise are permitted. Sponsor is not responsible for lost, late, incomplete, invalid, illegible, misdirected, or otherwise non-received entries. Entries may not be acknowledged or returned.
Each Participant shall only participate in the Sweepstakes on his or her own behalf and cannot participate or enter on behalf of any other person or entity. Any attempt by a person to use multiple accounts or identities to gain more entries than permitted by these Official Rules shall result in disqualification at the discretion of the Sponsor. Multiple Participants are not permitted to share the same email address or social media account. Proof of submission of entry does not constitute proof of receipt of entry. In the event of a dispute as to the identity of the Participant associated with any entry, the authorized account holder of the email or social media account associated with the entry at time of submission, will be deemed to be the Participant. The “authorized account holder” is the natural person assigned to the email or social media account by the applicable email provider or social media platform. Potential winners may be required to show proof of being the authorized account holder.
By entering the Sweepstakes or winning a prize, Participants fully and unconditionally agree to be bound by these Official Rules and the decisions of the Sponsor, which will be final and binding in all matters relating to the Sweepstakes.
LIMITATIONS OF LIABILITY. All entries become the sole and exclusive property of the Sponsor. The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by Participants, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Sweepstakes; (4) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; (5) late, lost, undeliverable, damaged or stolen mail; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Participant’s participation in the Sweepstakes or receipt or use or misuse of any prize. If for any reason a Participant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, Participant’s sole remedy is another entry in the Sweepstakes, if it is possible. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims.
GOVERNING LAW, ARBITRATION AND DISPUTE RESOLUTION.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS THE WAY IN WHICH ANY CLAIM OR DISPUTE BETWEEN YOU AND THE SPONSOR IS RESOLVED.
Governing Law. Unless the laws of your jurisdiction require that the laws of that jurisdiction govern, in which case the laws of such jurisdiction shall govern, all claims arising out of the Sweepstakes and all issues and matters concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights of Participant(s), shall be governed by and construed in accordance with the laws of the State of Florida and the United States of America, without regard to conflict of laws principles. Any and all disputes, claims, and causes of action arising out of, or connected with, the Sweepstakes shall be resolved individually, without resort to any form of class action.
Process. Any claim, controversy, or dispute (whether in contract, tort, or otherwise) arising directly or indirectly out of or related to the Sweepstakes shall be resolved exclusively by a final and binding arbitration administered by the American Arbitration Association (the “AAA”) and conducted before a sole arbitrator pursuant to the applicable Rules and Procedures established by the AAA. This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (the “FAA”), 9 U.S.C. §§ 1-16. The arbitration shall be conducted in the English language. The arbitration shall be held at a location determined by the AAA pursuant to the Rules and Procedures (provided such location is reasonably convenient for Participant), or at such a location as may be mutually agreed by the Participant and Sponsor. The arbitrator’s decision shall be controlled by the terms and conditions of these Official Rules and any of the other agreements referenced herein that the Participant may have entered into in connection with the Sweepstakes. The arbitrator shall apply the laws of the State of Florida consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law.
No Class Action or Consolidated Proceedings. ANY ARBITRATION THAT OCCURS WILL TAKE PLACE ON AN INDIVIDUAL BASIS. CLASS ARBITRATIONS, CLASS ACTION SUITS OR CONSOLIDATED PROCEEDINGS ARE NOT PERMITTED AS A WAY TO RESOLVE ANY CLAIM OR DISPUTE. BY PARTICIPATING IN THIS SWEEPSTAKES, EACH PARTICIPANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS, AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED FIFTY DOLLARS ($50.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY PARTICIPANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND PARTICIPANT 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 FIFTY DOLLARS ($50.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) PARTICIPANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND PARTICIPANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY.
Scope. This agreement to arbitrate claims and disputes is intended to be broad and includes, without limitation, (i) claims or disputes relating to any aspect of the Sweepstakes, whether based in contract, tort, statute or any other legal theory, (ii) claims or disputes directly or indirectly arising from conduct or events that occurred prior to the effective date of these Rules (including, without limitation, claims relating to advertising), or after its termination, (iii) claims or disputes subject to class action litigation in which you are not currently a member of a certified class, and (iv) claims or disputes with any agent, employee, successor or assign of you, the Sponsor, or the Administrator (all such claims and disputes are referred to collectively as “Claims”). This agreement to arbitrate does not, however, include Claims pertaining to intellectual property rights.
No Preclusive Effect. No award or finding or stipulation of fact by the arbitrator will have any preclusive or collateral estoppel effect in any other arbitration or court, unless it involves the exact same parties.
Severability. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable or illegal provision were not contained herein.
PRIVACY. Any personal information that a Participant provides in connection with the Sweepstakes shall be used by Sponsor to administer this Sweepstakes, contact Participant, and for the other purposes set forth in the Sponsor’s privacy policy located at https://moneybagsbook.com/terms/. By entering this Sweepstakes, Participant agrees to and accepts that privacy policy. If Participant authorizes, Sponsor may provide Participant with information relating to products, services and Sweepstakes of Sponsor and affiliates of Sponsor.
PUBLICITY. Participants hereby grant to the Sponsor of the Sweepstakes unrestricted perpetual permission to use his or her name, voice, photograph or other likeness in any and all media now known or hereafter developed, without compensation or notice, for any purpose, including, without limitation, the award of the Prize or publicizing the Sweepstakes, the Sponsor, Sponsor’s publications, and/or Sponsors seminars and conferences.
NON-DISPARAGEMENT. Participant agrees that they will not disparage and/or otherwise negatively comment on the Released Parties’ reputation, business operations, products, services, the Sweepstakes, and/or Participant’s interaction with the Released Parties under these Official Rules. This provision will not preclude Participant from making truthful statements.
SWEEPSTAKES RULES AND RESULTS. A copy of the Official Rules is available at moneybags.com or by asking Sponsor for a copy during the Sweepstakes Period.
SPONSOR. The Sweepstakes is sponsored in the Territory by Matchmade Merchandising LLC, 174 Watercolor Way, Suite 103-305, Santa Rosa Beach Florida, 32459.
© 2018 Matchmade Merchandising LLC. Moneybags logo are trademarks of Matchmade Merchandising LLC. All trademarks, service marks, logos, products, or service names are the property of their respective owners. All Rights Reserved.
THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH HERMÈS INTERNATIONAL, PRIVÉ PORTER, OR ANY OTHER THIRD PARTY UNLESS SO DESIGNATED. INFORMATION IS BEING PROVIDED SOLEY TO SPONSOR IN ACCORDANCE WITH THESE OFFICIAL RULES.
These “Moneybags Sweepstakes” Official Rules may not be republished in whole or in part without the prior written consent of Matchmade Merchandising, LLC.
Birkin is a registered trademark of Hermès International.
Hermès is a registered trademark of Hermès International.
Niloticus is a registered trademark of Hermès International.