Last updated: Nov 16, 2023
NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. THIS SWEEPSTAKES IS INTENDED FOR PLAY IN THE UNITED STATES ONLY AND WILL BE GOVERNED BY U.S. LAW. DO NOT ENTER IF YOU ARE NOT ELIGIBLE AT THE TIME OF ENTRY. OPEN TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA, 18 YEARS OF AGE OR OLDER, WHO ENTER FROM WITHIN THE 50 UNITED STATES OR THE DISTRICT OF COLUMBIA. EACH ENTRANT HEREBY REPRESENTS AND WARRANTS THAT SUCH ENTRANT HAS READ THESE OFFICIAL RULES AND AGREES TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT (SO READ THEM CAREFULLY BEFORE ENTERING). THIS CONTRACT INCLUDES, WITHOUT LIMITATION, GRANTS OF RIGHTS AND INDEMNITIES TO THE SPONSOR FROM ENTRANT AND A LIMITATION OF ENTRANT’S RIGHTS AND REMEDIES. IF ENTRANT IS NOT AT LEAST EIGHTEEN (18) YEARS OF AGE OR OLDER AND/OR IF ENTRANT DOES NOT AGREE TO THESE OFFICIAL RULES DO NOT ENTER THIS SWEEPSTAKES.
ELIGIBILITY: The Curated Product Review and NPS Survey Sweepstakes (the “Sweepstakes”) is open to all legal residents of the fifty (50) United States and the District of Columbia. Employees, contractors, directors, officers, and agents of Curated, Inc. (“Sponsor”), and their affiliates, subsidiaries and agents, and members of the immediate family (spouse, parent, child, sibling and their respective spouses, regardless of where they reside) and household of each such employee (whether or not related) are not eligible to enter or win. ANY PRIOR WINNER OF A SWEEPSTAKES IS NOT ELIGIBLE TO ENTER OR WIN ANY SUBSEQUENT SWEEPSTAKES.
This Sweepstakes is subject to all applicable federal, state, and local laws and regulations and is void where prohibited. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein.
SPONSOR: Curated, Inc., 638 4th Street, San Francisco CA 94107.
SWEEPSTAKES ENTRY PERIOD: The Sweepstakes shall be conducted as a series of individual and separate sweepstakes, each lasting for three months in duration, and each beginning at 12:00:01a.m. Pacific Time (“PT”) on the designated start date and ending at 11:59:59p.m. PT on the designated end date (“Sweepstakes Period”). An individual sweepstakes will run from January 1 to March 31 of the same calendar year, April 1 to June 30 of the same calendar year, July 1 to September 30 of the same calendar year or October 1 to December 31 of the same calendar year. The Sweepstakes shall continue on this quarterly basis until such time as a final Sweepstakes is announced; the final Sweepstakes shall be announced at least one month prior to the termination of the Sweepstakes. Each individual Sweepstakes shall be conducted as a separate Sweepstakes, with different and separate entry pools, different and separate start and end dates, different and separate prizes, and different and separate drawing dates. Entries will not roll over to subsequent Sweepstakes; you must re-enter during the Sweepstakes Period for each individual Sweepstakes in order to participate in that individual Sweepstakes. Sponsor's computer is the official time-keeping device and Sponsor shall determine timeliness of entries in its sole discretion. Entries received after the applicable Sweepstakes Period will not be eligible for such Sweepstakes Period. Any proof of submission does not constitute proof of receipt. Entries will not be acknowledged or returned. Sponsor has the right to change the Entry Period, and all other dates or deadlines set in connection with this Sweepstakes, at any time and in its sole discretion.
HOW TO ENTER: There are three (3) methods of entry: (i) the Product Review Method of Entry, (ii) the NPS Survey Method of Entry, and (iii) the Alternative Method of Entry (“AMOE”) outlined below (collectively, “Entry” or “Entries”). There is a limit of nine (9) combined Product Review Method of Entry and AMOE Entries permitted per Entrant in each Sweepstakes during each Sweepstakes Period. There is a limit to one (1) NPS Survey Method of Entry per person. Entrant may be disqualified in Sponsor's sole discretion. AMOE Entries have an equal chance of winning.
- PRODUCT REVIEW METHOD OF ENTRY: During the Entry Period, eligible participants can enter the Sweepstakes through the Product Review Method of Entry by any of (i) clicking on the link contained in an email from Sponsor inviting eligible participants to review a product and following the email instructions to review the product(s) they purchased, (ii) clicking on the link contained in an SMS or text message from Sponsor inviting eligible participants to review a product and following the instructions to review the product(s) they purchased, or (iii) visiting www.curated.com (the “Website”) and clicking on the link available on the product detail pages on the Website inviting visitors to review a product. Once you successfully submit a review of any product on the Website and check the opt-in box to enter the Sweepstakes, you will be automatically entered into the Sweepstakes. Only one (1) review per each sellable item during the Entry Period will be eligible for the Sweepstakes. All product reviews must be in English. Sponsor does not guarantee the public posting of any product review and reserves the right, in its sole discretion, not to post a product review for any reason, including, but not limited to, if it contains any content that violates third party intellectual property, privacy or publicity rights; contains obscene, lewd, discriminatory or offensive language or otherwise objectionable material; comments on other retailers or websites; or comments on competitive products or other products, pricing or availability. Entrant agrees that Sponsor is not responsible for any unauthorized use of product reviews by third parties. Multiple reviews of the same product, fraudulent product reviews and non-product review Entries will not be posted or accepted and all Entries from any such user will be void. Entries generated by script, macro or other automated means and Entries by any means which subvert the entry process will be void and may disqualify any Entrant who uses such means to enter from participating. Entrants may not submit product review Entries with multiple email addresses nor use any device or artifice to submit product reviews multiple times or as multiple Entrants. Any Entrant who attempts to submit multiple Entries, with multiple email addresses, under multiple identities or uses any other device or artifice to subvert the entry process will be disqualified from participation in the Sweepstakes, and all product reviews and Entries submitted by that Entrant will be void.
- NPS SURVEY METHOD OF ENTRY: Eligible participants can enter the Sweepstakes through the NPS Survey Method of Entry by (i) clicking on the custom NPS survey link contained in an email from Sponsor inviting eligible participants to complete an online survey (the “NPS Survey”), (ii) clicking on the link contained in an SMS or text message from Sponsor inviting eligible participants to complete the NPS Survey online survey. Once you successfully submit the NPS Survey you will be automatically entered into the Sweepstakes for the Entry Period corresponding to the date of survey submission. A survey submission occurs when all questions of the survey have been completed. One (1) survey submission per individual will be eligible for the Sweepstakes. All applicable survey responses must be in English. Entries generated by script, macro or other automated means and Entries by any means which subvert the entry process will be void and may disqualify any Entrant who uses such means to enter from participating. Entrants may not submit surveys with multiple email addresses nor use any device or artifice to submit surveys multiple times or as multiple Entrants. Any Entrant who attempts to submit multiple Entries, with multiple email addresses, under multiple identities or uses any other device or artifice to subvert the entry process will be disqualified from participation in the Sweepstakes.
ALTERNATIVE MEANS OF ENTRY (“AMOE”): To avoid reviewing a product on the Website, Entrant may enter by the AMOE instead. To enter via this method, Entrant must submit the following entry information on the submission form located here:
- First and last name
- Street address
- Email address
- Telephone number
AMOE Entries that do not clearly provide all of the above-listed information will be deemed ineligible (as determined in Sponsor’s sole discretion). All AMOE Entries in respect of any applicable Sweepstakes Period must be received by 11:59:59 p.m. PT on the applicable end date of such Sweepstakes Period. Sponsor is not responsible for late, lost, or damaged entries, or technical issues that otherwise might prevent Sponsor’s receipt of any AMOE Entries.
Important notice regarding online entry from your mobile device: Depending on your wireless service provider/plan, you may be subject to additional fees when accessing and using the mobile services from your device in connection with entering and participating in the Sweepstakes or communicating with Sponsor or its representatives. Entrants using this means of entry are solely responsible for all charges, fees and taxes associated with entry and participation in this Sweepstakes. Entrants should consult their wireless service provider regarding its pricing plans prior to participating via a mobile device.
RANDOM DRAWING AND NOTIFICATION: After end date of each Sweepstakes Period, Sponsor will randomly select one (1) potential winner ("Potential Winner") from all eligible Entries received during the applicable Sweepstakes Period. The winner is considered a Potential Winner pending verification of eligibility and compliance with these Rules. Potential Winner will be contacted by e-mail, phone or mail (as applicable) approximately five (5) business days after the random drawing using the contact information given at the time of Entry in order to verify eligibility and confirm such person as the winner. If Sponsor is unable to contact any Potential Winner or if the Potential Winner fails to comply with these Rules or applicable law, the Potential Winner’s Prize is forfeited and an alternative winner will be randomly selected.
The Prize will be awarded within approximately thirty (30) days after the Potential Winner is verified by Sponsor and all “Winner Requirements” (detailed in Section 7 below) have been met.
In the event of a dispute over the identity of the Potential Winner, Entries will be deemed made by the authorized account holder of the email account submitted at the time of Entry. The authorized account holder is defined as the natural person to whom the email address is assigned by an Internet service provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. Sponsor will disqualify anyone suspected of entering by opening two separate accounts with different email addresses. The Potential Winner may be required to provide Sponsor with proof that such person is the authorized account holder of the email address associated with the winning Entry and that all eligibility requirements are met. If a dispute cannot be resolved to Sponsor's satisfaction, the affected Entry will be deemed ineligible. Entrant is responsible for notifying Sponsor in writing if his or her email or other contact information has changed.
PRIZE: Upon completion of the Winner Requirements, the Potential Winner will receive $500 in credit (“Gift Card”) to use towards purchases on the Website (the “Prize"). The total approximate retail value (“ARV”) of the Prize awarded in each Sweepstakes is $500. The ARV represents the Sponsor’s good faith determination of the maximum retail value thereof. The Prize will be awarded only if the Potential Winner fully complies with these Rules. The Potential Winner agrees that such person accepts the Prize at such person’s own risk. No transfer, assignment, exchange, refund or substitution of a Prize (or portion of any Prize) is permitted unless Sponsor, in its sole discretion, determines otherwise. The Gift Card is awarded on an 'as is' basis, and cannot be redeemed for cash or use as payment for purchases of additional Gift Card(s) or as an adjustment to prior purchase(s). The Gift Card is subject to the terms and conditions on the Website, including without limitation all of the terms applicable to Curated gift cards. The Gift Card is promotional in nature and is not paid for by the Potential Winner and the Potential Winner does not own any right, title, or interest in the Gift Card unless or until the Potential Winner redeems the Gift Card under the terms set forth herein. The Potential Winner must protect and treat the Prize as such person would treat any other valuable document. Potential Winner will not receive cash or any other form of compensation if actual costs are less than the ARV in these Rules or in lieu of the Prize awarded. Prize may not be combined with any other offer or any other promotional benefit. If the Potential Winner is unable or unwilling to accept the Prize, or any portion thereof, as stated, the Prize may be forfeited in its entirety and may be awarded to an alternate winner at the sole discretion of Sponsor. All details and other restrictions of the Prize not specified in these Rules will be determined by Sponsor in its sole discretion. Sponsor reserves the right to substitute an alternative prize, in whole or in part, of equal or greater monetary value if a prize becomes unavailable or cannot be awarded as described for any reason. The Prize will not be replaced or replenished if it is lost, stolen, damaged, destroyed or used without the winner's permission. Prize pictured in advertising, marketing or promotional materials is for illustrative purposes only. THE VALUE OF A PRIZE MAY BE TAXABLE AS INCOME TO A PRIZE WINNER. All costs, including federal, state and local taxes, insurance, any costs/expenses related to participation in the Sweepstakes or acceptance or use of the Prize, and other expenses not specifically identified as included in the Prize, are the sole responsibility of the Potential Winner. SPONSOR MAKES NO WARRANTIES OR GUARANTEES OF ANY KIND REGARDING THE PRIZE, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND THE WINNER SHALL TAKE THE PRIZE "AS IS" AND AT WINNER’S OWN RISK. Odds of winning will depend on the number of eligible entries received.
WINNER REQUIREMENTS: The Potential Winner must comply with all terms and conditions of these Rules and winning is contingent upon fulfilling all requirements. Upon request of Sponsor, the Potential Winner will be required to execute and return an Affidavit of Eligibility, Liability/Publicity Release (the “Prize Claim Documents”) within seven (7) calendar days following the date of attempted notification. If a Potential Winner cannot be contacted, is ineligible, fails to claim the Prize, and/or fails to return the Price Claim Documents within the applicable time period, Sponsor may elect to disqualify the Potential Winner, who will then forfeit any right to receive the Prize. In the event the Potential Winner is disqualified for any reason, Sponsor may (in its sole discretion) award the Prize to an alternate winner selected by a random drawing from among all remaining eligible Entries or not award the Prize. Arrangements for delivery of the Prize will be made after winner validation. Potential Winner must be at least 18 years of age and meet the other eligibility requirements set forth above.
Acceptance of any Prize shall constitute and signify the Potential Winner's agreement and consent that Sponsor may use the Potential Winner's name, city, state, likeness, photo, Entry and/or prize information in connection with the Sweepstakes for promotional, advertising or other purposes, worldwide, in any and all media now known or hereafter devised, including the Internet, without limitation and without further payment, notification, permission or other consideration, except where prohibited by law. Without limiting the generality of these Rules, the Potential Winner shall irrevocably grant, transfer, convey and assign to Sponsor the entirety of the rights in and to the Entry and all renewals and extensions of copyright, and the right to secure copyright registrations thereto in perpetuity including, without limitation, the rights to use the Entry for any and all purposes in any and all media whether now known or hereafter developed, on a worldwide basis, in perpetuity. Potential Winner accepts and acknowledges that Sponsor shall not be obligated to use the Entry and that Sponsor in its sole discretion shall have the right to refrain from using the Entry. Sponsor shall not incur any liability whatsoever to the extent Sponsor chooses to refrain from any exploitation of its rights hereunder.
RELEASES AND LIMITATIONS OF LIABILITY: By entering the Sweepstakes, each Entrant agrees to forever and irrevocably release and hold harmless Sponsor and each of its affiliates, parent companies, subsidiaries, representatives, consultants, contractors, attorneys, suppliers, distributors, advertising/promotional agencies, business partners, public relations, fulfillment and marketing agencies, website providers and their respective officers, directors, stockholders, employees, agents, and representatives (collectively, the “Released Parties”) from any and all claims, lawsuits, judgments, causes of action, injuries, losses, proceedings, demands, fines, penalties, liabilities, costs and expenses (including, without limitation, reasonable attorneys' fees and costs) (collectively, “Claims”) related to this Sweepstakes or Prize, including without limitation, Claims that may arise in connection with: (i) incomplete, lost, late, stolen, damaged, misdirected or illegible Entries or for failure to receive Entries due to any cause including, but not limited to, human, transmission, or technical problems, failures, or malfunctions of any kind, whether originating with sender, Released Parties or otherwise, that may limit an Entrant's ability to participate in the Sweepstakes; (ii) acceptance, receipt, travel related to, participation in, delivery of, possession, defects in, use, non-use, misuse, inability to use, loss, damage, destruction, negligence or willful misconduct in connection with the use of the Prize (or any component thereof); (iii) any change in the Prize (or any components thereof) due to unavailability or due to reasons beyond Sponsor's control; (iv) any incorrect or inaccurate information, whether caused by Entrant, printing or typographical errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (v) the violation of any third-party privacy, personal, publicity or proprietary rights; (vi) any interruptions in or postponement, cancellation or modification of the Sweepstakes or these Rules; (vii) any technical malfunctions or unavailability of any telephone network, computer system, online system, computer timing and/or dating mechanism, computer equipment, software or Internet service provider, or mail service utilized by any of the Released Parties or by an Entrant; (viii) any wrongful, negligent, or unauthorized act or omission on the part of any of the Released Parties; (ix) death or personal injury caused by negligence any injuries, losses, liabilities or damages of any kind including personal injury or death caused by the Prize or resulting from acceptance, possession or use of a Prize including participation in any activity or travel related thereto, or from participation in the Sweepstakes; or (x) any inability of the Potential Winner to accept or use the Prize (or portion thereof) for any reason. Released Parties assume no responsibility for any damage to an Entrant's computer system which is occasioned by accessing the websites of Released Parties or participating in the Sweepstakes, or for any computer system, phone line, mobile phone, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature, or for the incorrect or inaccurate capture of information, error in Entries or selection announcement, or the failure to capture any information. Released Parties will not be responsible or liable for any Entries in excess of the stated limit or for Entries that are late, forged, lost, misplaced, misdirected, tampered with, incomplete, deleted, damaged, garbled or otherwise not in compliance with the Rules, and all such Entries may, in Sponsor's sole and absolute discretion, be disqualified. Entrant further agrees that Released Parties are in no matter responsible for any warranty, representation, or guarantee, expressed or implied, in fact or in law, relating to the creation, administration or fulfillment of the Sweepstakes and/or the awarding of any prize. Released Parties will not be liable to Potential Winner, or any other person for failure to supply any prize or any part thereof, by reason of fire, flood, epidemic, earthquake, unusually severe weather, hurricane, embargo, explosion, labor dispute or strike, labor or material shortage, transportation interruption of any kind, work slow-down, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, any federal, state, or local government law, order, request, or regulation, or order of any court or jurisdiction (each a “Force Majeure” event or occurrence), or any other cause beyond Released Parties' control. Further, participants agree to waive the provisions of California Civil Code Section 1542 which states: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY." The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE RULES APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE APPLICABLE PORTIONS OF THESE RULES MAY NOT APPLY TO YOU. Each Entrant (including Potential Winner) shall indemnify, defend and hold harmless the Released Parties from and against any and all claims, damages, actions, liability, loss, injury or expense, including reasonable attorneys’ fees and costs, arising out of or in connection with: (a) Entrant’s participation in the Sweepstakes; (b) a breach or allegation which if true would constitute a breach of any of the representations, warranties or obligations herein; and (c) acceptance, possession, grant, or use of any Prize, including without limitation, personal injury, death and property damage arising therefrom.
ADDITIONAL RULES: Sponsor reserves the right to (i) permanently disqualify from any Sweepstakes it sponsors any person it believes has intentionally violated these Rules; and (ii) suspend, modify or terminate the Sweepstakes if Sponsor believes, in its sole discretion, that fraud, virus, tampering, malfunction, error, disruption, damage or any other cause beyond the control of Sponsor is impairing or will impair the administration, security, fairness, or integrity of the Sweepstakes. If, for any reason, the Sweepstakes is not capable of running as planned (including, without limitation, due to a Force Majeure event or any unanticipated occurrence that is not fully addressed in these Rules), Sponsor reserves the right to cancel, modify, or suspend the Sweepstakes or any element thereof. If, for any reason, more prize notifications are sent (or more claims are received) than the number of prizes offered, as set forth in these Rules, Sponsor reserves the right to award the intended number of prizes through a random drawing from among all eligible prize claims received. Sponsor may prohibit an Entrant from participating, winning, or accepting a prize (and void all associated Entries) if, in its sole discretion, it determines that said Entrant is attempting to undermine the legitimate operation of the Sweepstakes and associated prize by cheating, deception or other unfair practices or intending to annoy, abuse, threaten or harass any other participants or Sponsor's representatives. Sponsor's failure to enforce any term of these Rules shall not constitute a waiver of that provision. Entrants must have a valid e-mail address, and it is Entrant's responsibility to update Sponsor of any change in e-mail address. Any violation of these Rules or any behavior of the Potential Winner that may bring the Potential Winner or Sponsor into disrepute (in Sponsor's sole discretion) or false and/or deceptive Entries or acts, including misrepresentation of age, may result in Potential Winner’s disqualification from the Sweepstakes and all privileges as a winner will be immediately terminated.
LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DELIBERATELY DAMAGE, DESTROY, TAMPER OR VANDALIZE THIS SITE OR INTERFERE WITH OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES, IS A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND PURSUE ALL OTHER REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
DISPUTES; CHOICE OF LAW: ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE RULES, OR THE RIGHTS AND OBLIGATIONS OF THE ENTRANT AND SPONSOR IN CONNECTION WITH THE SWEEPSTAKES, SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF CALIFORNIA WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OR CONFLICT OF LAW RULES (WHETHER OF THE STATE OF CALIFORNIA OR ANY OTHER JURISDICTION), WHICH WOULD CAUSE THE APPLICATION OF THE LAWS OF ANY JURISDICTION OTHER THAN THE STATE OF CALIFORNIA. BY ENTERING THE SWEEPSTAKES, ENTRANT 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 AWARD AWARDED, WILL BE RESOLVED INDIVIDUALLY, 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 TWO HUNDRED FIFTY DOLLARS ($250.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; AND 3) EXCEPT WHERE PROHIBITED, UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED. EXCEPT WHERE PROHIBITED, EACH PERSON WHO PARTICIPATES IN THE SWEEPSTAKES IRREVOCABLY AGREES THAT SUCH DISPUTE(S) WILL BE RESOLVED SOLELY BY BINDING ARBITRATION BEFORE A SOLE ARBITRATOR, WITH EXPERIENCE IN ADVERTISING OR PROMOTION AND ENTERTAINMENT LAW, UNDER THE RULES AND REGULATIONS OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA”); PROVIDED, HOWEVER, THAT NOTWITHSTANDING THE PARTIES' DECISION TO RESOLVE ANY AND ALL DISPUTES ARISING UNDER THIS SWEEPSTAKES THROUGH ARBITRATION, SPONSOR MAY (1) SEEK TO OBTAIN INJUNCTIVE RELIEF OR OTHER EQUITABLE RELIEF FROM A COURT TO ENFORCE THE PROVISIONS OF THESE RULES; (2) BRING AN ACTION IN COURT TO PROTECT AND INTERPRET SPONSOR’S INTELLECTUAL PROPERTY RIGHTS; AND/OR (3) BRING AN ACTION TO ENFORCE THE DECISION OF THE ARBITRATOR BEFORE ANY COURT WITH APPLICABLE JURISDICTION. THE ARBITRATION WILL BE HELD IN SAN FRANCISCO, CALIFORNIA. THE ARBITRATOR WILL APPLY THE SUBSTANTIVE LAWS OF THE STATE OF CALIFORNIA, WILL ISSUE A WRITTEN DECISION AND WILL HAVE THE POWER TO AWARD ANY LEGAL REMEDIES EXCEPT AS LIMITED BY THESE RULES. The parties will split the arbitrator's fee; provided, however, if applicable law requires Sponsor to pay the arbitrator's fee in order for the arbitration provision to be enforceable, Sponsor shall have the discretion to pay such fees and proceed to arbitration. Entrant irrevocably waives any right to bring or join in any class action regarding the Sweepstakes. Judgment upon the arbitration award may be entered in any court having jurisdiction thereof. This arbitration provision shall be deemed to be self-executing, and in the event that any party fails to appear to any properly noticed arbitration proceeding, an award may be entered against such party notwithstanding said failure to appear.
WINNERS LIST: A list of the winner(s) will be available approximately one (1) week after the last day of each Sweepstakes. For a list of the winner(s), send a stamped (VT residents omit postage), self-addressed envelope to: Curated, Inc., 638 4th Street, San Francisco, CA 94107, Attn: SWEEPSTAKES or an email to email@example.com, Subject: Curated Product Review and NPS Survey Sweepstakes -- Sweepstakes Winners. Requests must be received within forty five (45) days following the last day of the Sweepstakes in respect of which such list is sought.
SEVERABILITY: If any portion of these Rules should be held invalid or unenforceable for any reason, such portion shall be deemed modified or severed from this agreement in such a manner as to enable the remaining portions of these Rules to remain in full force and effect as if no invalid or unenforceable provision had been part of this agreement.
OFFICIAL RULES: For a copy of these Rules, send a stamped (VT residents omit postage), self-addressed envelope to Curated, Inc., 638 4th Street, San Francisco, CA 94107, Attn: SWEEPSTAKES or an email to firstname.lastname@example.org, Subject: Curated Product Review and NPS Survey Sweepstakes -- Sweepstakes Winners. Requests must be received within thirty (30) days following the close of the Entry Period.