Fetch Play Gaming Bundle SWEEPSTAKES (“Sweepstakes”)

Fetch Play Gaming Bundle SWEEPSTAKES (“Sweepstakes”) 

OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. THE SWEEPSTAKES IS GOVERNED BY THESE OFFICIAL RULES. BY PARTICIPATING IN THE SWEEPSTAKES, YOU ACKNOWLEDGE AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS STATED HEREIN. VOID WHERE PROHIBITED. 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 AND LOCATED IN THE UNITED STATES AT THE TIME OF ENTRY. 

Eligibility: The Sweepstakes is open to all residents of the US, aged 18 or older. All employees of Fetch Rewards, LLC (“Sponsor”), its advertising and promotion agencies and each of their respective parent companies, divisions, affiliates, subsidiaries, or agents (collectively, “Sweepstakes Entities”) and their immediate families (defined as spouse, child, sibling, parent, or grandparent, and their respective spouse) or household members are not eligible. Sponsor reserves the right to verify eligibility qualifications of potential winner. 

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.

Promotion Period: The Sweepstakes begins December 5, 2024, 8:00 AM ET and ends December 9, 2024, 11:59 PM ET (the “Promotion Period”). 

All entries must be received by the end of the Promotion Period to be eligible. 

How To Enter: During the Promotion Period, eligible entrants (“Entrant(s)”) can enter the Sweepstakes by following one of the following methods, to receive one (1) entry into the Sweepstakes:  (a) download a *new* Fetch Play game, and complete at least one “task” (as described in the Fetch Play app); or (b) mail-in entry via postcard to Fetch Rewards, LLC, 1050 E. Washington Ave., Madison, WI 53703, Attn: Sweepstakes, containing your name and address and indicating your interest in entering the Sweepstakes. Individuals who do not follow all of the instructions, provide all required information, or abide by these Official Rules or other instructions of Sponsor may be disqualified.  

Limit two (2) entries in the Sweepstakes per person. If a dispute arises regarding the identity of the Entrant, Sponsor may use its reasonable discretion to verify the identity of the Entrant. Automated entries are prohibited, and any use of automated devices will cause disqualification. 

Winner Selection and Notification: For each Entry Period, on or around December 17, 2024, the Sponsor will select one (1)  potential winner for the corresponding Entry Period in a random drawing from among all eligible entries received during such Entry Period. Odds of winning depend on the number of eligible entries received during the Promotion Period. Sponsor’s decisions are final and binding in all respects. 

The potential winner will be notified via email and/or in-app notification. Such individual will have three (3) days from the notification date to accept.  

Potential winners are subject to verification, including verification of age. If a potential winner is found not to be eligible or not in compliance with these Official Rules, if attempted notification (emails, comments, or otherwise) 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 if a winner is otherwise unable or unwilling to accept and claim the prize as stated, then the winner may be disqualified and the prize may be forfeited in Sponsor’s sole discretion. If any prize correspondence is returned as non-deliverable, prize may be forfeited. Sponsor is not responsible for any change in Entrant’s email address, account information, or any other contact information. 

Prize. 1 Nintendo Switch with Neon Blue and Neon Red Joy-Con, 1 Animal Crossing: New Horizons – Nintendo Switch Game, 1 Super Mario Bros. Wonder - Nintendo Switch Game, 1 The Legend of Zelda: Tears of the Kingdom - Nintendo Switch Game, 1 Minecraft - Nintendo Switch Game, and 1 EA SPORTS FC 25 - Nintendo Switch Game. (1 Winner). AMV approximately $635.00 per winner. 

All prize details not specified in the Official Rules will be determined in Sponsor’s sole and absolute discretion. 

General Conditions: Prizes are non-transferable and no cash equivalent or substitution of prize is offered, except at the sole discretion of the Sponsor. If a prize, or any portion thereof, cannot be awarded for any reason, Sponsor reserves the right to substitute prize with another prize of equal or greater value. Prize will be awarded only to an address within the United States. Winner will be solely responsible for all applicable Federal, State, and local taxes connected with receipt of prize, the use and enjoyment of prize, or any other connection with this Sweepstakes unless otherwise required by law or unless this requirement is waived by the Sponsor in its sole discretion. The winner will be required to provide Sponsor with a valid social security number or tax identification number before the prize will be awarded for tax reporting purposes. 

Release: As a condition of participating, participants agree (and agree to confirm in writing), to the extent permitted by law: (a) to release Sponsor, its parent companies, subsidiaries and affiliated companies, advertising and promoting agencies, any other party associated with the development or administration of this Sweepstakes, and all of the foregoing’s respective officers, directors, employees, representatives and agents (collectively, “Releasees”) from any and all liability, loss or damage incurred with respect to the awarding, receipt, possession, and/or use or misuse of any prize or any item redeemed therewith; (b) that under no circumstances will participant be permitted to obtain awards for, and participant hereby waives all rights to claim, punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses; (c) 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 (d) any and all claims, judgments, and award shall be limited to actual out-of-pocket costs incurred, excluding attorneys’ fees and court.  

General Conditions: Sponsor is not responsible for lost, late, misdirected, undelivered, incorrect, or inaccurate entry information whether caused by Internet users or 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. By participating in this Sweepstakes, Entrants understand and agree (and agree to confirm in writing): (a) to abide to these Official Rules which are final and binding and the decisions of Sponsor with respect to all aspects of the Sweepstakes, which are final, (b) to accept the prize as awarded, without substitution, and to release and hold harmless Releasees from and against any and all liability whatsoever, including without limitation legal claims, costs, injuries, losses or damages, demands or actions of any kind (including without limitation personal injuries, death, damages, loss or destruction of property rights of publicity or privacy, defamation, or portrayal in a false light) in connection with this Sweepstakes and/or use of the Comment, or other errors in these terms and conditions; and (c) except where legally prohibited, by accepting the prize, winner agrees (and agrees to confirm in writing, if requested) to the use of his/her name, photograph, likeness, voice, image and biographical information and statements for advertising, trade, publicity and promotional purposes without additional compensation, in perpetuity, in all media now known or hereafter discovered, worldwide and on the Internet and World Wide Web, without notice, review or approval by the Sponsor and those acting under Sponsor’s authority. 

Releasees are not responsible for loss, damage, or claims resulting from the Sweepstakes, including incorrect or inaccurate entry information whether caused by Internet users or 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. Sponsor is not responsible for computer system, phone line, hardware, software or program malfunctions, or other errors, failures or delays in computer transmissions or network connections that are human or technical in nature. Sponsor reserves the right to disqualify any Entrant or winner who attempts to tamper with any aspect of the Sweepstakes, or circumvent these Official Rules. Entrants may not enter with multiple accounts or email addresses nor may Entrants use any other device or artifice to register multiple times or as multiple Entrants. Any Entrant who attempts to enter with multiple email addresses 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 discretion. Sponsor reserves the right to remedy any such action, disruption, or circumvention in a manner, determined solely by Sponsor that is fair and equitable to Sweepstakes participants. Sponsor reserves the right, in its sole discretion, to void, modify, terminate or suspend this Sweepstakes (or any portion thereof) should fraud or any unauthorized human intervention or other causes beyond the reasonable control of Sponsor corrupt or impair the administration, security, fairness or proper play of the Sweepstakes. In the event of cancellation, Sponsor reserves the right to award the prize from among all eligible, non-suspect entries received prior to cancellation. 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.  Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

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 procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply Wisconsin 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 JAMS, 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 PARAGRAPH 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, SO SUCH LANGUAGE MAY NOT APPLY TO EVERY ENTRANT.

Governing Law and Jurisdictions: This Sweepstakes and its Official Rules are governed by US law and are subject to all applicable federal, state and local laws and regulations. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the participant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Wisconsin, without giving effect to any choice of law or conflict of law rules, which would cause the application of the laws of any jurisdiction other than the State of Wisconsin. By entering, participants consent that any matters or proceedings which are not subject to arbitration as set forth above and/or for entering any judgment on an arbitration award, the jurisdiction and venue of the federal, state and local courts located in Dane County, Wisconsin. 

Entrant’s Personal Information: Please see the privacy policy located at https://fetch.com/privacy-policy for details of Sponsor’s policy regarding the use of personal information collected in connection with this Sweepstakes. If you are selected as a winner, your information may also be included in a publicly-available winner’s list. 

Name of Winner. For winners’ first name and surname initial, city & state, send a self-addressed stamped envelope to: Fetch Rewards, LLC, 1050 E. Washington Ave., 2nd Floor, Madison, WI 53703. Requests must be received no later than February 15, 2025. 

Sponsor: Fetch Rewards, LLC, 1050 E. Washington Ave., 2nd Floor, Madison, WI 53703.

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