THE CATCHPOINT SURVEY OFFICIAL SWEEPSTAKES RULES AND LEGAL DISCLAIMER
Introduction
By entering into the Catchpoint Switch Survey (the “Sweepstakes”), participant (“Participant”) agrees to abide by these Official Sweepstakes Rules and Legal Disclaimer and the decisions of Catchpoint Systems, Inc. (“Promoter”), such decisions which are final and binding in all respects.
No purchase necessary to enter or win. Purchase of Promoter’s products or services does not enhance chances of winning.
Eligibility
The Sweepstakes is open solely to legal residents of the fifty (50) United States and the District of Columbia who are 18 years of age or older at the time of entry. Employees, officers, directors, or agents of Promoter or any of Promoter’s partners, related companies, agencies, or agents, as well as the immediate family (defined as spouse, parents, siblings, children, and grandparents) and same household members of any such employee, officer, director, or agent, are not eligible to participate. All applicable federal, state, and local laws and regulations apply. Void where prohibited or restricted by law.
How to Enter
Beginning on July 8, 2024 at 12:01 am EST through August 18, 2024 at 11:59pm EST, log on to https://www.catchpoint.com/sre-survey and fill out the posted survey or by filling out the entry form here. Promoter will not consider incorrect, fraudulent, incomplete, late, or otherwise non-conforming entries or entries that are intended to annoy, abuse, threaten, or harass any person or entity in any way. Limit of one (1) entry per person; multiple entries by any one individual are void. Entries generated by macro, script, or other automated means are void. Entries generated by robotic, macro, script, or other automated means are void. Any entrant using fraudulent means to participate in the Sweepstakes will be disqualified and may be guilty of violating applicable criminal laws. All entries, once provided, are Promoter’s sole and exclusive property. Eligibility is at the exclusive discretion of Promoter, and Promoter shall be entitled to reject any entrant for any reason or no reason at all without having to provide an explanation. Promoter reserves the right, in its sole discretion, to cancel, suspend, or terminate the Sweepstakes for any reason and without prior notice to any Participant. In such instance, Promoter may, if and as appropriate, select a winner using reasonable means that are materially consistent with the Sweepstakes.
Provision of Materials and Information/Intellectual Property
By entering into the Sweepstakes, Participant represents and warrants as follows: (1) that it fully owns or has properly licensed whatever materials or information it submits hereunder in connection with the Sweepstakes and can make such submissions without violating any applicable law, agreement with any third-party, and/or third-party right of any kind (including without limitation any intellectual property, data protection, privacy, or publicity right); and (2) that any and all materials or information provided by it hereunder shall be true and correct in all respects. Furthermore, without limitation on anything set forth herein to the contrary, Promoter shall have the irrevocable, transferable, and fully sublicensable right and license (but not the obligation) to exploit any and all such materials or information in any manner it so elects to promote the Sweepstakes, its business, brand, products, and/or services, throughout the world in perpetuity, and in any and all media, now or hereafter known.
Random Drawing; Prizes; Notifying Prize Winners
A random drawing will be conducted on or about September 6, 2024 by Promoter to select a winner (the “Winner”) from among all eligible entries received. Odds of winning depend on the number of entries received.
Winner may also be required to complete, execute and return an Affidavit of Eligibility and Release. Noncompliance with these conditions may result in forfeiture of the Prize, and Promotor reserves the right to select alternate winners (in random drawing from other eligible entries received before the deadline) in such circumstance. If winner notification of the Prize is returned as undeliverable, Sponsor may, at its discretion, select an alternate winner.
All federal, state, and local income taxes resulting from acceptance of the Prize are the responsibility of Winner. Promoter reserves the right to substitute an alternate Prize of comparable or equal value in its sole discretion. Acceptance of the Prize also constitutes permission to Promoter to use the Winner's name, likeness, and biographical information for marketing purposes (including posting the information on its website) without further compensation or right of approval, unless prohibited by law.
Subject to applicable law, the Prize is offered “as is” without any express or implied warranty of any kind or nature, including without limitation, any warranty respecting condition, merchantability, quality, title, or fitness for a particular purpose. Promoter is not responsible for replacing the Prize if damaged unless such damage is caused by Promoter. Winner must look to the Prize’s manufacturer for potential guarantees or warranties of any kind.
Release
Subject to applicable law, by entering into a Sweepstakes and potentially receiving a Prize, each Participant agrees to release, discharge, and hold harmless Promoter, along with Promoter’s employees, officers, directors, affiliates, partners, agents and assigns, from and against any claim, cause of action, demand, or proceeding (each, a “Claim”), and any resultant loss, injury (including death), cost, expense, fee, fine, penalty, or other loss or expense of any kind, including attorneys’ fees (each, a “Loss”), relating to or arising directly or indirectly out of his or her participation in a Sweepstakes (or related activity such as a press release), and/or Promoter’s right to exploit Participant’s name and/or likeness or fully exploit any other right granted to it hereunder, and/or from Participant’s receipt, use, or misuse of any Prize, no matter how such Claim or Loss arises (including without limitation, if arising out of any damage to a Participant’s computer system from downloading or using material from Promoter’s, or an affiliate of Promoter’s, website).
Limitation of Liability
IN NO EVENT WILL PROMOTER, AND/OR PROMOTER’S PARENT, SUBSIDIARY, LICENSEES, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, ASSIGNS, AFFILIATES, OR RELATED COMPANIES (COLLECTIVELY WITH PROMOTER, THE “PROMOTER PARTIES”), BE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS) ARISING OUT OF ANY PARTICIPANT’S PARTICIPATION IN THE SWEEPSTAKES, THESE OFFICIAL RULES, AND/OR ANY PARTICIPANT’S RECEIPT, USE, OR MISUSE OF A PRIZE, NO MATTER UNDER WHAT THEORY ARISING, EVEN IF ANY PROMOTER PARTY HAS BEEN ADVISED OF THE POSSIBLY OF SUCH DAMAGES. PROMOTER PARTIES’ ENTIRE LIABILITY WITH RESPECT TO: ANY PARTICIPANT’S PARTICIPATION IN THE SWEEPSTAKES, THESE OFFICIAL RULES, AND/OR ANY PARTICIPANT’S RECEIPT OF A PRIZE SHALL BE LIMITED TO $500. SOME JURISDICTIONS MAY NOT ALLOW THE AFOREMENTIONED LIMITATIONS OR EXCLUSIONS OF LIABILITY AND AS SUCH, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
Use of Collected Materials and Information
Promoter will be collecting, storing, and exploiting personal data about Participants to administer the Sweepstakes and exercise its rights hereunder, including without limitation, those relating to marketing and publicity. By entering into the Sweepstakes, Participants agree to Promoter’s collection and use of their personal information. Promoter will not disclose any Participant’s personal information to any non-affiliated third party. For more information on Promoter’s handling of personal information, see Promoter’s Privacy Policy, a copy of which can be found at the following link: Privacy Policy (catchpoint.com).
Dispute Resolution
The parties hereto acknowledge and agree as follows: (1) that all disputes, causes of action, and claims connected to or arising in any way hereunder between the parties shall be resolved solely on an individual basis (i.e., class actions suits are hereby waived by the parties), and exclusively by the state or federal courts situated in state and county New York; (2) that the laws of the state of New York shall govern, without regard to its conflict of laws principles; and (3) that the parties hereto waive any right to a trial by jury.
Promoter
Catchpoint Systems, Inc.
228 Park Avenue South #28080,
New York, NY 10003 USA
