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- Motus Customer Appreciation Week: Gift Card Giveaway
NO PURCHASE NECESSARY TO ENTER OR WIN. PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. THIS CONTEST IS INTENDED FOR VIEWING IN THE UNITED STATES ONLY AND SHALL ONLY BE CONSTRUED AND EVALUATED ACCORDING TO UNITED STATES LAW.
“Motus Customer Appreciation Week: Gift Card Giveaway” (“Contest”) will begin at 8:00:00 AM Eastern Time (“ET”) on Monday, March 16 2020 and end at 8:00:00 PM ET on Friday, March 20, 2020 (“Contest Period”). Contest is sponsored by Motus, LLC., Two Financial Center, 60 South Street, Boston, MA 02111, U.S.A. (the “Sponsor”) who is solely responsible for all aspects of this Contest. Participation constitutes entrant’s full and unconditional agreement to and acceptance of these Official Rules (“Rules”) and the decisions of the Sponsor which are final and binding in all matters relating to the Contest.
ELIGIBILITY: This Contest is only open to legal U.S. Residents of the 50 Unites States and the District of Columbia, age 18 or older and is a Motus User (as contractually defined) as of March 1, 2020. This contest is not open to the general public. Employees (and their families) of Sponsor are not eligible to win prizes. All federal, state and local laws and regulations apply. If it is found that a person who does not meet the eligibility criteria set forth in these rules has submitted an entry, that entry will be deemed ineligible and any prize awarded shall be revoked. Void in New York, Florida, Puerto Rico, the U.S. Virgin Islands, U.S. Military installations in foreign countries, and where prohibited, taxed or restricted by law. Participants residing in those areas where the Contest is void may participate in the Contest but cannot win any prizes. Eligible individuals who mail in valid entries received by Sponsor before the end of the Contest period also qualify for this Contest.
If an individual who qualifies for this Contest does not want to complete a feedback survey, that individual may enter the Contest by mail. To do so, print the email address at which you received an invitation to the Contest and your full name, address, telephone number, city, state or province, and ZIP or postal code, on standard sheet of 3 1/2″ x 5″ piece of paper, insert your paper registration in a stamped envelope and mail it to: Motus, “Motus VIP Experience: Sox/Yanks Baseball in London”, Two Financial Center, 60 South Street, Boston, MA 02111, U.S.A. Limit one (1) entry per person.
Sponsor reserves the right, in its sole discretion, to void any and all entries of an entrant who submits more than the stated maximum limit of entries by using multiple/different e-mail addresses, identities, registrations and logins, or any other methods, or who Sponsor believes has attempted to tamper with, influence or impair the administration, security, fairness, or proper play of this Contest. Use of any automated system, script, macro or other means to sign-up or submit entries is prohibited and will result in disqualification of the entrant and entries or sign-ups generated by such means are void.
By participating, where permitted by law, participants irrevocably and in perpetuity grant to Motus, and those acting under Motus’ authority, the unrestricted, absolute, perpetual, worldwide right and license to use participant’s name, photograph, likeness, voice, biographical and personal information, statements, and any photograph, film, video, audio recording or other recording taken of the participant or such materials (collectively, “Content”), and all in connection with any Motus marketing purpose, including without limitation the promotion of this Contest or the provision of publicly available winners lists (“Promotion”), and to reproduce, copy, modify, create derivative works of, display, perform, exhibit, distribute, transmit or broadcast, publicly or otherwise, or otherwise use and permit to be used, the Content or any part thereof, whether alone or in combination with other materials (including but not limited to text, data, images, photographs, illustrations, and graphics, video or audio segments of any nature), in any media whatsoever, including in connection with the Promotion, and all the foregoing without any compensation, royalties, remuneration or consideration to the participant or any third party, and without any claim to compensation, royalties, remuneration, consideration, notice or permission in connection therewith.
PRIZE: There will be two (2) winners of the Contest. Each winner will receive a $500 Visa gift card. No more than the stated number of prizes will be awarded. Prize is non-transferable. All federal, state and local taxes are the sole responsibility of the winner. By accepting the Prize, prize winner agrees to release Contest Entities from any and all liability whatsoever for any injuries, losses, or damages of any kind caused by entering the promotion or for damages of any kind caused by any prize or resulting from acceptance, possession, or use/misuse of prize awarded, or while preparing for, participating in, and/or traveling to and from any prize-related activity. Only the listed prize will be awarded. The Prize is not exchangeable or transferable. There are no substitutions unless specified by the Sponsor. The Sponsor reserves the right at its sole discretion to substitute any prize package with another prize of equal or greater value. Taxes are the sole responsibility of winner, and Motus will issue an IRS Form 1099 to the winner for the value of the Prize.
PRIZE CONDITIONS: All entries become the property of Sponsor. Sponsor reserves the right to use any and all information related to the Contest, including submissions provided by the participants, for promotional, marketing and any other purpose, unless prohibited by law. At the sole and absolute discretion of the Sponsor, the winner will be required to execute and return an Affidavit of Eligibility.
PRIZE DRAWING, ODDS AND NOTIFICATION: The potential Prize winner will be selected by Sponsor from among eligible entries received during the Contest Period. Sponsor’s decisions are final in all matters relating to this Contest. Odds of winning will depend on the total number of eligible entries received. All entries have the same chance of winning. No one will know who the winner is until after the Contest Period ends. The drawing will take place at Sponsor’s headquarters on or about March 23, 2020 in Massachusetts. Potential winner will be initially notified by email within 1 business day of drawing date and Sponsor reserves the right to determine alternative methods of notification. Winner will be given three (3) business days from the first day of email notification to respond to claim the Prize. If Sponsor is unable to contact the potential winner by email, or if any potential winner fails to respond to the prize notification within three (3) business days of issuance of notification or if any potential winner fails to comply with any of the requirements, Sponsor will consider the winner’s prize forfeited and an alternate winner may be selected from the pool of eligible entries through another random drawing conducted by Sponsor. Sponsor will determine the winner and decisions of the Sponsor are final on all issues relating to this Contest.
CANCELLATION AND DISQUALIFICATION: Sponsor reserves the right, in its sole discretion, to cancel, suspend or modify the Contest if any factor beyond Sponsor’s reasonable control impairs or corrupts the integrity, administration, security or proper play of the Contest, as determined by Sponsor in its sole discretion. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds, in its sole discretion, to be tampering with the entry process or the operation of the Contest or Web site; to be in violation of the Terms and Conditions of Service of the Web site; to be acting in violation of these Official Rules; or to be acting in a nonsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Sponsor will prosecute any fraudulent activities to the fullest extent of the law.
WINNER LISTING: To receive a copy of the Rules, or listed winner, send a self-addressed stamped envelope to: Motus, “Motus Customer Appreciation Week: Gift Card Giveaway” Two Financial Center, 60 South Street, Boston, MA 02111, U.S.A. Specify listed winner or Rules on your request. WA and VT residents may omit return postage.
LIMITATIONS OF LIABILITY: No responsibility is assumed by “Releasees”, as defined below, and entrants waive all claims, for lost, late, illegible, incomplete, damaged, postage due or misdirected mailed entries, which will be void, or for any problems or technical malfunction of any telephone network or lines, computer equipment, software, failure of any email service or any combination thereof including without limitation any damage to entrant’s or any other person’s computer resulting from completion of the upload or participation in this promotion. Sponsor shall not be liable for: (1) failed, returned or misdirected notifications based on inaccurate information provided by the winner(s); or (2) entries and responses to winner notifications which are delayed, lost, late, incorrect, incomplete, illegible, unintelligible, misdirected, mis-delivered, marked postage-due, damaged, mutilated, or otherwise not received by the intended recipient, in whole or in part, or for computer or technical error of any kind, and such entries will be not be eligible for this Contest. In the event of a dispute as to the identity of a winner based on an e-mail address, the declared winning entry will be the authorized account holder of the e-mail address submitted at time of entry. “Authorized account holder” is defined as the natural person who is assigned to an e-mail address by an Internet access provider, on-line service provider or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.
If for any reason this Contest is not capable of running as planned due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Contest, the Sponsor reserves the right at its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Contest in whole or in part, at any time, without notice and award the prizes using all non-suspect eligible entries received as of or after (if applicable) this termination or suspension date. Contest Sponsor, Releasees, as defined below, and related entities (“Contest Entities”) assume 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. Contest Entities are not responsible for any problems or technical malfunction of any telephone network or telephone lines, computer on-line systems, servers, or providers, computer equipment, software, failure of any e-mail or entry to be received by Sponsor on account of technical problems, human error or traffic congestion on the Internet or at any Website, or any combination thereof, including any injury or damage to participant’s or any other person’s computer relating to or resulting from participation in this Contest or uploading or downloading any materials in this Contest.
BY ENTERING, PARTICIPANTS, WITHOUT LIMITATION, RELEASE AND HOLD HARMLESS SPONSOR AND ITS RESPECTIVE AFFILIATES, SUBSIDIARIES, LICENSEES, PARENTS, FRANCHISEES, SUPPLIERS, DISTRIBUTORS, ADVERTISING/PROMOTION AGENCIES, AND PRIZE SUPPLIERS, AND EACH OF THEIR RESPECTIVE PARENT COMPANIES AND EACH SUCH COMPANY’S OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (COLLECTIVELY, THE “RELEASEES “) FROM AND AGAINST ANY CLAIM OR CAUSE OF ACTION, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, DEATH, OR DAMAGE TO OR LOSS OF PROPERTY, ARISING OUT OF PARTICIPATION IN THE CONTEST OR RECEIPT OR USE OR MISUSE OF ANY PRIZE. ALL ENTRANTS FURTHER AGREE THAT RELEASEES SHALL NOT BE LIABLE FOR ANY CLAIMS, DAMAGES, LOSSES OR INJURIES, INCLUDING ANY THIRD-PARTY CLAIMS, ARISING FROM OR RELATING TO, IN WHOLE OR IN PART, THIS CONTEST, INCLUDING ENTRY AND PARTICIPATION IN THIS CONTEST AND ACCEPTANCE, POSSESSION, USE OR MISUSE OF THE PRIZE. ALL ENTRANTS FURTHER AGREE THAT IN THE EVENT OF ANY THIRD-PARTY CLAIMS, DAMAGES, LOSSES OR INJURIES, ARISING FROM OR RELATING TO THIS CONTEST, THEY WILL INDEMNIFY, DEFEND, AND HOLD SPONSORS HARMLESS FROM ANY AND ALL SUCH CLAIMS, INCLUDING THE ATTORNEYS’ FEES RELATED THERETO. If you are a California, USA resident, you waive your rights, whether known or unknown, under California Civil Code § 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” Residents of other states similarly waive their rights under applicable and/or analogous laws, statutes, or regulations.
IN NO EVENT WILL RELEASEES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF ACCESS TO AND USE OF SPONSOR’S WEB SITE OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SAID SITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THIS SITE IS 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 NONINFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY.
OTHER: Any issues concerning the Contest shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, USA, regardless of any conflict of law provisions of any jurisdiction. By participating in this Contest, entrants agree that Massachusetts, USA courts shall have jurisdiction over any dispute or litigation arising from or relating to this Contest and that venue shall be only in or for Suffolk County, MA, USA. Sponsor further reserves the right to modify the Official Rules of the Contest in any way or at any time, as long as reasonable notice is given. Sponsor’s failure to enforce any provision of these Rules shall not constitute a waiver of that provision.
SPONSOR: Motus, LLC., Two Financial Center, 60 South Street, Boston, MA 02111, U.S.A