Raffle Terms
NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE THE CHANCES OF WINNING.
THIS RAFFLE IS INTENDED FOR PLAY IN THE STATE OF CALIFORNIA ONLY (THE “ELIGIBILITY AREA”) AND SHALL BE CONSTRUED AND EVALUATED ACCORDING TO UNITED STATES LAW. VOID OUTSIDE THE ELIGIBILITY AREA AND WHERE PROHIBITED OR RESTRICTED BY LAW.
ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND PARTICIPANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.
AFFIDAVIT OF ELIGIBILITY / RELEASE OF LIABILITY / PRIZE ACCEPTANCE AGREEMENT MAY BE REQUIRED.
1. Eligibility: The Raffle is open only to legal California residents 21 years of age or older as of the date of entry via either the (a) @waferzlife Instagram account, or (b) the www.waferzlife.com website, and is void outside of the State of California and where prohibited by law. Participants’ proof of residency and age may be required. Employees of Waferz Life and Sponsor, and each of their respective affiliates, subsidiaries, advertising and promotion agencies, suppliers, and their immediate family members and/or those living in the same household of each are not eligible to participate in the Raffle. The Raffle is subject to all applicable federal, state and local laws and regulations.
2. Agreement to Rules: By participating in the Raffle, you agree to be fully and unconditionally bound by these Rules, and you represent and warrant that you meet the eligibility requirements set forth herein. In addition, you agree to accept the decisions of the Sponsor, as final and binding as it relates to the content.
3. Raffle Period: Entries will be accepted starting on Monday February 27, 2023 and ending Wednesday March 1, 2023. All entries must be received by 11:59PM on Wednesday March 1, 2023. The Sponsor’s database computer is the official time-keeping device for the Raffle.
4. How to Enter: No purchase necessary to enter or win. The Raffle must be entered by submitting a raffle ticket to (1) @waferzlife Instagram account, or (b) www.waferzlife.com during the Raffle Period. To be valid and eligible to win the offered prize, the entry must fulfill all raffle requirements and provide all requested information, as specified in these Rules and the ticket fields, to be eligible to win the offered prize. Entries that are not complete or do not adhere to the rules or specifications may be disqualified at the sole discretion of the Sponsor. You may enter only once, and you must fill in the information requested. You may not enter more times than indicated by using multiple identities or otherwise taking steps in an attempt to circumvent the rules. If you use fraudulent methods or otherwise attempt to circumvent the rules your submission may be removed from eligibility at the sole discretion of the Sponsor. In the event of a dispute as to any entry, the authorized account holder of the email address used to enter the Raffle will be deemed to be the participant. The “authorized account holder” is deemed the natural person who is assigned to an email address by an Internet access provider, service provider, or other online organization that is responsible for assigning email addresses for the domain associated with the submitted email address.
Sponsor shall not be liable for any problems that occur during the entry process, including without limitation, late, incomplete, delayed, undelivered, or misdirected entries, and shall not have any obligation to advise a participant of an incomplete, invalid, or undeliverable submission. No illegible, incomplete, forged, or altered entries will be accepted. Any participant who is not in compliance with these Rules will not earn an entry into the Raffle.
5. Prizes: Winners will receive one Rolling Loud General Admission ticket for the Rolling Loud Los Angeles Festival held from March 3 to March 5, 2023 (the “GA Ticket”), with a total approximate retail value of $400.00. Prize only includes the GA Ticket. Actual/appraised value may differ at time of prize award. The specifics of the prize shall be solely determined by the Sponsor. No cash or other prize substitution permitted except at Sponsor’s discretion. The prize is non-transferable. Any and all prize related expenses, including without limitation any and all federal, state, and/or local taxes shall be the sole responsibility of the winner. No substitution of prize or transfer/assignment of prize to others or request for the cash equivalent by winners is permitted. Acceptance of prize constitutes permission for the Sponsor to use winner’s name, likeness, and entry for purposes of advertising and trade without further compensation, unless prohibited by law.
6. Odds: The odds of winning depend on the number of eligible entries received, such that it is dependent on chance and not skill.
7. Winner selection and notification: After the close of the Raffle Period, Sponsor will select six (6) winners of the Raffle in a random drawing from all participants who validly completed the method of entry described in Section 4, subject to verification of eligibility and compliance with these Rules. Winners will be notified via email within one (1) day following the winner selection. The Sponsor shall have no liability for a winner’s failure to receive notices due to winners’ spam, junk messages or other security settings or for winners’ provision of incorrect or otherwise non-functioning contact information. Sponsor has no obligation to use alternative means to contact any winner. Winners may be required to sign and return a declaration of eligibility and liability and publicity release and an IRS W-9 Form to Sponsor. If required by Sponsor, these documents will be sent out to the potential winner by email along with instructions on to how to return them to Sponsor. The selected potential winner may be required to provide his/her U.S. Social Security Number for tax purposes. If the selected winner cannot be contacted, is ineligible, fails to claim the prize within 24 hours from the time award notification was sent, declines the prize, does not comply with these Rules, or fails to timely return a completed and executed declaration of eligibility and publicity release, and IRS W-9 form, as requested, the prize will be forfeited, and an alternate winner selected. The receipt by winner of the prize offered in this Raffle is conditioned upon compliance with any and all federal and state laws and regulations. ANY ACTUAL OR PERCEIVED VIOLATION OF THESE OFFICIAL RULES BY ANY WINNER (AT SPONSOR’S SOLE DISCRETION) WILL RESULT IN SUCH WINNER’S DISQUALIFICATION AS WINNER OF THE SWEEPSTAKES AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED. In the event that a selected potential winner is disqualified and/or is unable to satisfy the requirements herein, Sponsor will use reasonable efforts to award the prize to an alternate winner selected from among the remaining eligible entries (if necessary and time permitting) who successfully meets the requirements to receive the prize, but Sponsor reserves the right to not award the prize if, after multiple attempts, Sponsor is unable to identify an eligible alternate winner (if any) who accepts the Prize.
8. Rights Granted by you: By entering this content you understand that the Sponsor, anyone acting on its behalf, or its respective licensees, successors and assigns will have the right, where permitted by law, without any further notice, review or consent to print, publish, broadcast, distribute, and use, worldwide in any media now known or hereafter in perpetuity and throughout the world, your entry, including, without limitation, the entry and winner’s name, portrait, picture, voice, likeness, image or statements about the Raffle, and biographical information as news, publicity or information and for trade, advertising, public relations and promotional purposes without any further compensation.
9. Terms: Sponsor will have complete discretion over interpretation of the Rules and of administration and operation of the Raffle. The Sponsor has the right, in its sole discretion to cancel, terminate, modify or suspend the Raffle should (in its sole discretion) a non- authorized human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Raffle. In such case, the Sponsor reserves the right and may select the recipients from all eligible entries received prior to and/or after (if appropriate) the action taken by the Sponsor. The Sponsor reserves the right at its sole discretion to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Raffle or violates these Terms & Conditions. The Sponsor has the right, in its sole discretion, to maintain the integrity of the Raffle, to void entries for any reason, including, but not limited to multiple entries from the same individual. Any attempt by an entrant to deliberately damage or undermine the legitimate operation of the Raffle may be a violation of criminal and civil laws and should such an attempt be made, the Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law.
10. Limitation of Liability: By entering you agree to release and hold harmless the Sponsor and each of their subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers and directors (“Releasees”) from any liability, illness, injury, death, loss, litigation, claim or damage that may occur, directly or indirectly, whether caused by negligence or not, from (i) such entrant’s participation in the sweepstakes and/or his/her/their acceptance, possession, use, or misuse of any prize or any portion thereof, including without limitation personal injury, death, damage to or loss of property, or invasion of the right of privacy or publicity, (ii) technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network, hardware or software; (iii) the unavailability or inaccessibility of any transmissions or telephone or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Raffle; (v) electronic or human error which may occur in the administration of the Raffle or the processing of entries.
Releasees shall not be liable to any winner or any other person for failure to supply the prize or any part thereof, by reason of any acts of God, any action(s), regulation(s), order(s), or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulations(s), order(s) or request(s) prove(s) to be invalid), equipment failure, terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond Sponsor’s sole control. Releasees shall not be responsible for any cancellations, delays, diversions or substitutions or any act or omissions whatsoever by any persons.
11. Disputes. BINDING AGREEMENT TO ARBITRATE: YOU AND SPONSOR BOTH AGREE TO RESOLVE ANY AND ALL DISPUTES, CONTROVERSIES OR CLAIMS THAT IN ANY WAY ARISE OUT OF OR RELATE TO THESE RULES OR FROM ANY SERVICES YOU RECEIVE FROM SPONSOR (OR FROM ANY ADVERTISING FOR ANY SUCH SERVICES), INCLUDING ANY DISPUTES BETWEEN YOU AND SPONSOR’S EMPLOYEES OR AGENTS (“DISPUTE(S)”), ONLY BY ARBITRATION ON AN INDIVIDUAL BASIS. YOU UNDERSTAND THAT BY AGREEING TO THESE OFFICIAL RULES, ARBITRATION WILL BE THE SOLE AND EXCLUSIVE MEANS OF RESOLVING ANY DISPUTE BETWEEN YOU AND SPONSOR. YOU ALSO UNDERSTAND THAT BY AGREEING TO THESE RULES, YOU AND SPONSOR ARE GIVING UP THE RIGHT TO BRING A CLAIM IN COURT OR IN FRONT OF A JURY, AND THAT YOU AND SPONSOR ARE GIVING UP THE RIGHT TO PROCEED WITH ANY CLASS ACTION OR OTHER REPRESENTATIVE ACTION. Sponsor and Participant both agree that:
a) Notice of Dispute. If either you or Sponsor intends to arbitrate under these Rules, the party seeking arbitration must first notify the other party of the Dispute in writing at least thirty (30) days in advance of initiating the arbitration. Notice to Sponsor should be sent to Sponsor either by mail to Anomaly Law, P.C., at 225 E Broadway Suite 313E, Glendale, CA 91206 or email at info@anomalylaw.com. Notice to you will be to your email address(es) and street address(es), if any, that Sponsor has in its records at the time the notice is sent. The notice must describe the nature of the claim and the relief being sought. If we are unable to resolve the Dispute within thirty (30) days, either party may then file a claim for arbitration.
b) Arbitration Procedure. Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Los Angeles, California before one arbitrator(s). The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
c) Arbitration Location. Unless you and Sponsor agree otherwise, the arbitration must take place in the county of your primary residence or Los Angeles, California.
d) Arbitration Fees and Expenses. We will reimburse any filing fee that the JAMS charges you for arbitration of the Dispute. If you provide us with signed written notice that you cannot pay the filing fee, we will pay the fee directly to the JAMS. If the arbitration proceeds, we will also pay any administrative and arbitrator fees charged later.
e) Severability. If any part of this agreement to arbitrate is found by a court of competent jurisdiction to be unenforceable, the court will reform the agreement to the extent necessary to cure the unenforceable part(s), and the parties will arbitrate their Dispute(s) without reference to or reliance upon the unenforceable part(s). However, if for any reason the Class Action Waiver set forth below cannot be enforced as to some or all of the Dispute, then the agreement to arbitrate will not apply to that Dispute or portion thereof, but the remainder of the agreement to arbitrate will be binding and enforceable. The parties do not agree to class arbitration or to the arbitration of any claims brought on behalf of others.
CLASS ACTION WAIVER. THESE OFFICIAL RULES DO NOT ALLOW CLASS OR COLLECTIVE ARBITRATIONS, EVEN IF THE JAMS PROCEDURES OR RULES WOULD. NOTWITHSTANDING ANY OTHER PROVISION OF THESE OFFICIAL RULES, THE ARBITRATOR MAY AWARD MONEY OR INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE THE RELIEF WARRANTED BY THAT PARTY'S INDIVIDUAL CLAIM. ARBITRATION OR COURT PROCEEDINGS HELD UNDER THESE OFFICIAL RULES CANNOT BE BROUGHT, MAINTAINED OR RESOLVED ON BEHALF OF OR BY A CLASS, AS A PRIVATE ATTORNEY-GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY. IN ADDITION, INDIVIDUAL PROCEEDINGS CANNOT BE COMBINED WITHOUT THE CONSENT OF ALL OF THE PARTIES. ANY QUESTION REGARDING THE ENFORCEABILITY OR INTERPRETATION OF THIS PARAGRAPH WILL BE DECIDED BY A COURT AND NOT THE ARBITRATOR.
JURY TRIAL WAIVER. IF, FOR ANY REASON A DISPUTE PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, YOU AND SPONSOR AGREE THAT THERE WILL NOT BE A JURY TRIAL. YOU AND SPONSOR UNCONDITIONALLY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM IN ANY WAY ARISING OUT OF OR RELATING TO THESE OFFICIAL RULES. IN THE EVENT OF LITIGATION, THIS PARAGRAPH MAY BE FILED TO SHOW A WRITTEN CONSENT TO A TRIAL BY THE COURT.
13. Governing Law: All issues and questions concerning the construction, validity, interpretation and enforceability of these Rules, or the rights and obligations of the participant and Sponsor in connection with the Raffle, 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
14. Sponsor: The Sponsor of the Raffle is Waferz, LLC.