Fetch Kindle Oasis Sweepstakes Official Rules
NO PURCHASE NECESSARY OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. HOW TO ENTER
Between 12:00:01 am Central Time (“CT”) 12/17/2023 (the “Start Date”) and 11:59:59 pm CT 12/31/2023 (the “End Date”; the period from the Start Date to the End Date is the “Entry Period”), There are two ways to enter the Fetch Kindle Oasis Sweepstakes (the “Sweepstakes”); either:
- earn entries by redeeming Fetch points in the Fetch mobile application. All entries via this method be received during the Entry Period to be valid. Or
- To receive 1 entry into the Sweepstakes without redeeming Fetch rewards points: send a prepaid, postage marked, and hand-addressed postcard to: Fetch, Attn: Fetch Kindle Oasis Sweepstakes, 1050 E. Washington Ave., 2nd Floor, Madison, WI 53703. Mail-in entries must be postmarked by the End Date and received within 5 days after the End Date. Each mail-in entry must be in a separate postmarked outer envelope. No facsimiles or mechanical reproductions of entries allowed. Sponsor is not responsible for lost, late, illegible, misdirected, mutilated, incomplete, or postage-due mail/entries. Mail in entries become property of Sponsor and will not be returned.
Automated entries are prohibited, and any use of automated devices will cause disqualification. Entrants may not enter with multiple accounts nor may entrants use any other device or artifice to enter multiple times or as multiple entrants. Any entrant who attempts to enter with accounts, under multiple identities, or uses any device or artifice to enter multiple times will be disqualified and forfeits any and all prizes won, in Sponsor’s sole discretion. Multiple entrants are not permitted to share the same Fetch account. Should multiple users of the same account enter the Sweepstakes and a dispute thereafter arise regarding the identity of the entrant, the authorized account holder of said account at the time of entry will be considered the entrant. “Authorized Account Holder” is defined as the natural person who is assigned a Fetch account by Sponsor. Potential winner may be required to show proof of being the Authorized Account Holder.
A valid Fetch mobile application account with sufficient number of rewards points is required to enter this Sweepstakes via the point redemption method, but is not required for entry. Data and rates may apply to entry via the mobile app.
The Sweepstakes is open to legal residents of the 50 United States or Washington, D.C. who enter from within the United States, and who are at least the age of majority in the jurisdiction from which they enter the Sweepstakes. The officers, directors, and employees of Fetch (“Sponsor”) or any of their parents, affiliates, distributors, promotion agencies, and members of their immediate family (spouse, parent, child, sibling and their respective spouses, regardless of where they reside) or persons living in the same household (whether or not related) are not eligible to win this Sweepstakes.
This Sweepstakes is subject to all applicable federal, state, and local laws and regulations. Void where prohibited by law. Winning a prize is contingent upon fulfilling all requirements set forth herein.
Odds of winning depend on the number of entries received. A random drawing to select potential winner(s) will be conducted on or about 1/10/2024 (the “Drawing Date”). All Winners will be notified through their Fetch account, via an in-App message within 10 business days of the Drawing Date. Potential winners are subject to verification.
If a potential winner is found not to be eligible or not in compliance with these Official Rules, if attempted notification or any prize is returned as undeliverable, if any required documents are not returned within the required number of days, if a winner cannot be verified or does not respond where required to the in-App message, or if a winner is otherwise unable or unwilling to accept and claim the prize (or any portion thereof) as stated, then winner may be disqualified and the prize may be forfeited, all in Sponsor’s sole discretion. Winners may be required to complete, sign and return an Affidavit of Eligibility/Liability Release, required tax forms, and, where lawful, a Publicity Release, within 5 business days of attempted notification, or prize may be forfeited. Prizes won by an eligible entrant who is a minor in his/her state of residence will be awarded to minor’s parent or legal guardian, who must sign and return all required documents. Sponsor is not responsible for any change of email address, mailing address and/or telephone number of entrants.
By entering or otherwise participating in the Sweepstakes and/or accepting any prize, entrant hereby fully and unconditionally accepts and agrees to these Official Rules and the decisions of Sponsor, and its respective designated agents, which shall be final and legally binding in all matters.
10 verified winners will receive a Kindle Oasis.
Approximate Retail Value (“ARV”) of prize is $249.99. Limit: 1 prize per Fetch account. No substitution, transfer, or cash equivalent of prize is permitted, except by Sponsor, which reserves the right to substitute a prize (or portion thereof) with one of comparable or greater value, at its sole discretion. Any and all federal, state and local taxes on the prizes, and any other costs, fees, and expenses not explicitly stated herein as being awarded, are the sole responsibility of the winners, regardless of whether it, in whole or in part, is used. Please allow up to 10 business days for shipment/deposit of prize after confirmation.
In order to receive a prize, Sponsor may request certain information from a prize winner, including but not limited to name, email address, mailing address, phone number, and (where needed for tax reporting purposes) other identifying information such as social security number. If such information is not provided within 72 hours of the request made by Sponsor, then the winner forfeits their prize and the prize will be awarded to an alternative winner. Sponsor may also, at its sole discretion, award additional prizes to additional winners.
5. LIMITATIONS OF LIABILITY AND RELEASES
By accepting a prize, winner agrees to hold Fetch Rewards, Inc. (“Fetch”), its affiliates, directors, officers, employees and assigns harmless against any and all claims and liability arising out of use or redemption of prize.
Fetch will not be responsible for lost, late, undelivered, incorrect, inaccurate, or misdirected entries or prize notices, whether caused by a Fetch user or employee, by any of the equipment or programming associated with or utilized in the Sweepstakes, or by any technical or human error which may occur in the processing of the entries. Further, Sponsor is not responsible for any typographical or other errors in the Sweepstakes materials, administration of the sweepstakes, or announcement of the prize or these Official Rules. In the event of any such error, Sponsor reserves the right to modify this sweepstakes in a manner deemed reasonable by Sponsor in its sole discretion. All federal and state laws apply. Sponsor reserves the right to cancel, suspend, and/or modify the Sweepstakes, or any part of it, for any reason, including if any fraud, bugs, virus, technical failures, or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor in its sole discretion. In the event of cancellation, Sponsor will randomly award the prizes from among all eligible, non-suspect entries received prior to cancellation.
No liability or responsibility is assumed by Sponsor from entrant’s participation in, or attempt to participate in, the Sweepstakes. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision or any other provision herein. Should any provision of the Official Rules be deemed unenforceable or invalid, the other provisions of the Official Rules shall remain in full force and effect. Proof of sending or submission will not be deemed to be proof of receipt by Sponsor. All such entries are subject to verification. Entrants agree to waive any right to claim any ambiguity in these Official Rules. As a condition of entering, the entrant (or their parent or legal guardian if an eligible minor) agree (and agree to confirm in writing): (a) to assume all risk of loss, damage, destruction, delay or misdirection of materials and mail submitted to or from Sponsors; (b) to release and hold harmless the Sponsor, its parent company, affiliates, subsidiaries, agents, additional third-party partners, promotion partners, etc., if any, and each of their respective officers, directors, partners, shareholders, representatives, principals, partnerships, employees or agents (collectively, the “Released Parties”) from and against all liability, losses, or damages of any kind to persons or property, including death, sustained, in whole or in part, directly or indirectly, incurred in connection with or resulting from awarding, receipt, acceptance, possession or use/misuse of any prize (or any item redeemed therewith), or participation in this Sweepstakes or participation in any Sweepstakes-related activities; (c) that under no circumstances will any entrant be permitted to obtain awards for, and entrant hereby knowingly and expressly waives all rights to claim, punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses and/or any rights to have damages multiplied or otherwise increased; (d) that all causes of action arising out of or connected with this Sweepstakes, or any prize awarded, shall be resolved individually, without resort to any form of class action; and (e) that any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred (if any), excluding attorneys’ fees and court costs. Winners understand and further acknowledges that said Released Parties have neither made, nor are in any manner responsible or liable for, any warranty, representation or guarantee, expressed or implied, in fact or in law, relative to any prize awarded in connection with the Sweepstakes.
Sponsor reserves the right to correct any typographical, printing, computer programming or operator errors, including in the Official Rules. The Released Parties are not responsible for hardware or software failures of any kind, traffic congestion in any networks, or towers, or any combination thereof, lost network connections, incomplete, garbled or delayed transmissions, whether caused by Sponsor, users, or by any of the equipment or programming associated with or utilized in the Sweepstakes, or by technical or human error which may occur and/or which may damage Sponsors’ ability to receive or store Sweepstakes data, or which may damage an entrant’s system in connection with the selected method of entry, or which may otherwise limit any entrant’s ability to participate and/or redeem the prizes in the Sweepstakes. In the event that any entrant’s entry attempt is not successfully received by Sponsor, that entrant’s sole remedy shall be to attempt to enter the Sweepstakes once again during the Entry Period. Sponsor reserves the right at its sole discretion, to disqualify any individual who it believes to be tampering with the Sweepstakes, entry process, website, app, or the operation of the Sweepstakes, or who enters using any automatic or programmed entry duplication method, violates or is acting in violation of these Official Rules, or otherwise engages in fraudulent or offensive conduct with respect to this Sweepstakes. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law.
By accepting the prize, the winner agrees to grant (and agrees to confirm this grant in writing, if requested) the Sponsor permission to their name, city and/or state of residence, statements, social media handles, likeness, voice, and photograph and/or biographical information, without limitation, for promotional purposes relating to the Sweepstakes, in any media or format, whether now known or hereafter developed, including but not limited to the internet, worldwide, in perpetuity, without further consideration or payment or approval rights, unless prohibited by law. Should the winner make any false statement in any document referenced herein, the winner will be required to promptly return to Sponsor the awarded prize(s) received.
7. WINNER LIST
For a winner’s list, where required by law, send a stamped, self-addressed envelope no later than 30 days after the end date of the Sweepstakes requesting the winner’s list to: Fetch, Attn: Fetch Kindle Oasis Sweepstakes - Winners List, 1050 E. Washington Ave., 2nd Floor, Madison, WI 53703.
8. BINDING ARBITRATION
Any controversy or claim arising out of or relating to this Sweepstakes shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the Commercial Arbitration Rules of the American Arbitration Association ("AAA"), which are available at www.adr.org (“AAA Rules and Procedures”). The arbitrator shall be selected pursuant to the AAA Rules and Procedures. The arbitrator shall apply Illinois law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by AAA, 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, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. THE ARBITRATION OF DISPUTES PURSUANT TO THIS SECTION SHALL BE IN THE ENTRANT’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS SWEEPSTAKES IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.
BY PARTICIPATING IN THE SWEEPSTAKES, EACH 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 PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION AND (2) ENTRANT'S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY SET FORTH ABOVE AND IN SECTION 7(B)-(D), SO SUCH LANGUAGE MAY NOT APPLY TO EVERY ENTRANT.
9. GOVERNING LAW & JURISDICTION: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official 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 Illinois, U.S.A., without giving effect to any choice of law or conflict of law rules thereof, and any matters or proceedings which are not subject to arbitration as set forth in Section 8 of these Official Rules and/or for entering any judgment on an arbitration award, shall take place in Cook County, Illinois.
The Sweepstakes is sponsored by Fetch Rewards, Inc. with its headquarters at 1050 E. Washington
Ave., 2nd Floor, Madison, WI 53703.