(U.S. November 30, 2020)
No purchase or referral necessary to enter or win. A purchase, payment or referral will not increase your chances of winning.
The Rakuten Holiday Wishlist Giveaway (“Sweepstakes”) is sponsored by Ebates Performance Marketing, Inc., 160 Spear Street, Suite 1900, San Francisco, CA 94105 (“Sponsor” or “Rakuten”).
2. Sweepstakes Period: The Sweepstakes begins on November 30, 2020 at 6:00 a.m. Pacific Time (“PT”) and ends November 30, 2020 at 11:59 p.m. PT according to Sponsor’s time clock (“Sweepstakes Period”).
3. How to Enter the Sweepstakes: Entrants must have a valid Rakuten account and Facebook and/or Twitter accounts at the start of the applicable Entry Period. Entrant must 1) like the Rakuten Facebook Page if entering on Facebook or follow the Rakuten Twitter page; and make one (1) comment on Sponsor’s giveaway posts on such social media platforms sharing what Entrant has his/her eye on or is shopping for this holiday season. There are two (2) promotion types:
Released Parties (as defined below) are not responsible for lost, late, damaged, delayed, destroyed, misdirected, inaccurate, stolen, false, incomplete, or garbed entries or referrals. Such entries are void and will not be accepted.
Only a maximum of one (1) entry per Entrant on each social media platform during the applicable Entry Period will be accepted. Each entrant is eligible to win only a total of one (1) prize. Entries or referrals generated by script macro or other automated means or by any means that subverts the entry process will be void. All entries become the property of Sponsor. Entries in excess of the stated limitation will be void.
4. Odds: Odds of winning a prize depend on the number of eligible entries received.
5. Winner Selection and Notification of Potential Winner: Potential winners will be selected on or about December 1, 2020 at random by a representative of Sponsor from among all eligible entries received.
The potential winners will be notified by the following methods at Sponsor’s sole discretion, using the information provided at the time of entry:
- Sponsor will respond to winners’ comments on the Facebook giveaway post and contact them via Facebook Messenger
- All five (5) winners will be announced on the original Facebook giveaway after all five (5) have accepted the prize.
- Sponsor will respond to winners’ comments on the Twitter giveaway post and contact them via Twitter Direct Message
All five (5) winners will be announced on the original Twitter giveaway after all five (5) have accepted the prize.
Potential winners will be required to respond (as directed) within three (3) calendar days of attempted notification. The failure to respond timely to the notification may result in forfeiture of the prize and, in such case Sponsor may randomly select an alternate potential winner from among the remaining eligible entries, up to three (3) attempts. Potential winners will be required to execute and return an affidavit of eligibility / liability / publicity release (“Release”). Up to three (3) alternate potential winners may be randomly selected for any prize from among the remaining eligible entries if a potential winner for any prize: (i) cannot be reached; (ii) fails to prove eligibility, obtain all signatures on the Release and/or return any documents or information required by Sponsor in a timely manner as required pursuant to these Official Rules; or (iii) cannot accept or receive the prize for any reason. In the event of a dispute as to the identity of the entrant or winner, the entrant or winner (as applicable) will be deemed to be the person in whose name the Rakuten account was opened and he/she must comply with these Official Rules.
6. Prizes: Ten (10) Prizes of $100 Cash Back added to Entrant’s Rakuten account. Total Prize Value: $1,000. No substitutions or transfers permitted by winner. Sponsor reserves the right to substitute a prize with one of comparable or greater value, at its sole discretion. All federal, state and local taxes as well as any costs and expenses associated with prize acceptance and use are the responsibility of the winner. All prize details are at Sponsor’s sole discretion. Limit one (1) prize per person.
7. Publicity: By participating in the Sweepstakes, any Entrant in the Sweepstakes, irrevocably grants the Sponsor and their respective successors, assigns and licensees, the right to use such Entrant’s comments on Sponsor’s giveaway posts, name, username, likeness, biographical information in any and all media for any purpose, including without limitation, commercial, advertising and promotional purposes as well as in, on or in connection with the Sweepstakes or other promotions, and hereby release the Sponsor from any liability with respect thereto, unless prohibited by law.
8. General Conditions: By participating, Entrants agree to be fully and unconditionally bound by these Official Rules and the decisions of Sponsor and waive any right to claim ambiguity in the Sweepstakes or these Official Rules. Any portion of the Sweepstakes may be canceled, suspended and/or modified, in whole or in part, if in Sponsor’s opinion any fraud, technical failure or other factor beyond our control impairs the integrity or proper functioning of the Sweepstakes. If terminated, Sponsor reserves the right at its sole discretion to select the potential winners in a random drawing from among all eligible, non-suspect entries received prior to action taken or as otherwise deemed fair and appropriate by Sponsor. Sponsor reserves the right in its sole discretion to disqualify any individual (and to disqualify false entries or referrals of any individual) who is found to be tampering with the entry process or the operation of the Sweepstakes or Sponsor’s website, to be acting in violation of these Official Rules, or to be acting in an unsportsman-like or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Sweepstakes, or to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages (including, without limitation, attorneys’ fees) and other remedies from any such person to the fullest extent permitted by law including, criminal prosecution. Entrants may not enter with multiple identities or use any automated system, bot or other device or artifice to enter or obtain more than the maximum number of qualified entries.
9. Limitations of Liability: If for any reason an entry is confirmed to have been erroneously deleted, lost or otherwise destroyed or corrupted, the Entrant’s sole remedy is another entry in the same Sweepstakes during the Sweepstakes Period. Potential winners also agree to release, discharge, indemnify and hold harmless Sponsor, its parent, subsidiaries, affiliates and advertising and promotion agencies and all of their respective officers, directors, employees, representatives and agents (collectively, “Released Parties”) from and against any claims, damages, disability, attorneys’ fees, and costs of litigation and settlement, as well as any liability due to any injuries, damages or losses to any person (including death) or property of any kind resulting in whole or in part, directly or indirectly, from: (i) use, redemption, acceptance, possession, ownership, or misuse of any prize, or (ii) participation in any Sweepstakes-related activity or participation in this Sweepstakes. Released Parties are not responsible for lost, late, incomplete, inaccurate, stolen, misdirected, undelivered, delayed, garbled or damaged entries referrals, communications, Releases or mail; or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Sweepstakes, including, without limitation, errors or difficulties which may occur in connection with the administration of the Sweepstakes, the processing of referrals or entries, the announcement of the prizes, or in any Sweepstakes-related materials. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Sweepstakes. Released Parties are not responsible for injury or damage to participants’ or to any other person’s computer related to or resulting from participating in this Sweepstakes or downloading materials from or use of the website. In the event Sponsor is prevented from continuing with the Sweepstakes as contemplated herein by any event beyond its control, including but not limited to fire, flood, earthquake, explosion, labor dispute or strike, act of God or public enemy, or any federal, state or local government law, order, or regulation, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), Sponsor shall have the right to modify, suspend, or terminate the Sweepstakes. If the Sweepstakes is terminated before the designated end date, Sponsor will (if possible) select the winners from all eligible, non-suspect entries received as of the date of the event giving rise to the termination or award the prizes as otherwise deemed fair and appropriate by Sponsor. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
10. Disputes: Disputes regarding these Official Rules and/or the Sweepstakes will be governed by the laws of the State of California without regards to its conflict of laws principles. Decisions of Sponsor are binding and final. No claimant in any dispute involving Sponsor shall be entitled to claim or obtain indirect, punitive, incidental or consequential damages. Sponsor’s failure to enforce any provision in these Official Rules shall not constitute a waiver of that provision.
11. Sweepstakes Results: For names of the winners, available on or after December 1, 2020 send an email to email@example.com. Requests received after December 31, 2020 will not be honored.
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