Prize Draw Terms & Conditions
ProOpinion Prize Draw Official Rules
1. NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. YOU MUST BE TWENTY-ONE (21) YEARS OF AGE OR OLDER TO PARTICIPATE. THE SWEEPSTAKES IS SUBJECT TO ALL APPLICABLE LAWS AND IS VOID WHERE PROHIBITED.
2. Entry Period. ProOpinion Prize Draw Sweepstakes (the “Sweepstakes”) commences at 12:00 am (Eastern Standard Time) on May 11th, 2016 and ends at 11:59 pm (Eastern Standard Time) on May 30th, 2016 (“Entry Period”).
3. Sponsor. Dynata, LLC f/k/a Survey Sampling International, LLC (“Dynata”), 6 Research Drive, Shelton, Connecticut 06484 USA.
4. Eligibility. The Sweepstakes is only open to residents of the fifty (50) United States of America and the District of Columbia, who are twenty-one (21) years of age or older and who are registered members of ProOpinion panel (the “Panel”). All entrants in or to the Sweepstakes must comply with the Sweepstakes Official Rules (the “Rules”). Employees of Sponsor and their respective parents, affiliates, and subsidiaries and advertising and promotion agencies, as well as the employees’ families (spouse, and parents, siblings and children and their respective spouses, regardless of where they reside) and household members, whether or not related, are not eligible to participate in the Sweepstakes. Sponsor reserves the right, at its sole discretion, to disqualify any individual (and void all associated entries) that it finds to: (i) have tampered, or to be tampering, with the entry process or the operation of the Sweepstakes, (ii) have acted or be acting in violation of the Rules, or (iii) have acted in an unsportsmanlike or disruptive manner. 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 (including attorneys’ fees) and other remedies from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of the Rules shall not constitute a waiver of that term.
5. Entry into the Sweepstakes.
A. Limitation on Number of Entries. Only one (1) entry per person, regardless of the manner of entry. Multiple entries will be void.
B. Participation in the Sweepstakes. During the Entry Period, each eligible entrant may participate in the Sweepstakes as follows:
i. During the Entry Period, each eligible entrant who (a) completes one (1) survey through or in connection with the Panel will receive one (1) entry into the Sweepstakes. The requirement to complete one (1) survey must be achieved no later than the close of the Entry Period. Completing additional or multiple surveys will not result in an entrant receiving additional or multiple entries into the Sweepstakes. Surveys completed after the close of the Entry period will not count and will be void for the purposes of entry into the Sweepstakes.
ii. Alternate Means of Entry: To enter without having to join the Panel and complete a survey, an individual meeting the eligibility requirements set forth herein can print his or her name, address, telephone number, email address, and date of birth (include day, month and year) on a 3" x 5" piece of paper or index card and mail it with proper postage to “ProOpinion Prize Draw Sweepstakes” c/o Dynata, LLC f/k/a Survey Sampling International, LLC, 6 Research Drive, Shelton, Connecticut 06484 USA. All mail-in entries must be handwritten. To be eligible, mail-in entries must be post-marked and received not later than the last day of the Entry Period. Only one (1) entry per envelope; if an envelope contains multiple entries, then all entries contained within the envelope will be disqualified and void. All entries become the exclusive property of the Sponsor and none will be acknowledged or returned. Proof of sending or submission will not be deemed proof of receipt by the Sponsor. The Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible, or misdirected submissions, information, or entries, which submissions or entries will be disqualified and void.
6. Selection of Winners. The Sponsor will randomly select one (1) winner from all eligible entries. By entering the Sweepstakes, entrants agree to be bound by, and not challenge, the final decisions of the Sponsor. Winning the Prize (as defined herein) is contingent upon fulfilling all the requirements set forth in the Rules. In the event a winning entry is discovered to be invalid for any reason whatsoever or the person who submitted a winning entry fails to comply with the Rules, the Prize may be forfeited and awarded to an alternate winner(s). If an alternate winner needs to be selected, the disqualified winner will no longer be eligible, and the Sponsor will randomly select an alternate winner from all remaining eligible entries. The Sponsor will select a winner or an alternate winner based upon the email addresses of the entrants. In the event of a dispute as to the identity of any entrant, the Authorized Account Holder (as defined herein) of the e-mail address used by, or connected to, the eligible entrant will be deemed to be the entrant. The “Authorized Account Holder” is the natural person assigned an e-mail address by an Internet access provider, online service provider, Internet service provider or any other organization responsible for assigning e-mail addresses for the domain associated with the submitted address. A potential winner may be required to show proof of being the Authorized Account Holder. The Sponsor will send the potential winner an email notifying the individual that he or she has been selected and requesting that the individual send a reply email to the Sponsor confirming the individual’s identity and participation in the Sweepstakes. If the Sponsor does not receive a reply from the potential winner within five (5) days, the Sponsor will select an alternate winner. Upon confirmation of the identity of the entrant and the entrant’s eligibility, the Sponsor shall provide the winner with all required documentation and information required to enable a winner to receive the Prize, including, without limitation, an affidavit of eligibility and publicity, liability waiver and release, and a United States IRS 1099 tax form (as applicable).
8. Prize; Odds of Winning. Subject to the terms of the Sweepstakes, the winner will receive $1000 USD (the “Prize”). Prizes will be awarded as cash or a cash equivalent. Please allow 6-8 weeks after completed qualifying activity for the prize to post to your account. If the Prize is lost, stolen, or misplaced, the Sponsor will not replace the Prize and is not liable or responsible to you for the lost, stolen, or misplaced Prize. The winner is solely liable and responsible for all taxes and fees associated with the receipt and use of the Prize. The odds of winning depend upon the number of eligible entries received by the Sponsor. The Sponsor cannot accurately predict the number of entrants who will participate in the Sweepstakes. Only one (1) Prize will be awarded for the Sweepstakes.
10. Termination; Promotional Publications. The Sponsor may cancel, suspend or terminate the Sweepstakes at any time. If the Sweepstakes, or any part of it, is cancelled or discontinued for any reason, the Sponsor, in its sole discretion, may elect to hold a random draw from among all the eligible entries received up to the date of cancellation or discontinuance or as otherwise deemed fair and appropriate by the Sponsor. Except where prohibited, participation in the Sweepstakes constitutes consent for the use of the winner’s name, address (city and state), and entry for promotional, advertising, or marketing purposes related to the Sweepstakes, in any manner, in any and all media now or hereafter devised, worldwide in perpetuity, without further consent or consideration.
11. Release; Limitation of Liability; Disputes and Governing Law.
11.1 BY ENTERING THE SWEEPSTAKES, EACH ENTRANT AGREES TO RELEASE AND HOLD HARMLESS THE SPONSOR, UNITED, AND EACH OF THEIR RESPECTIVE PARENTS, SUBSIDIARIES, AND AFFILIATES, AND EACH OF THEIR RESPECTIVE MEMBERS, MANAGERS, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS (COLLECTIVELY “RELEASED PARTIES”) FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, LIABILITY, DAMAGES, AND JUDGMENTS, INCLUDING, WITHOUT LIMITATION, CLAIMS FOR PERSONAL INJURY, DEATH, OR DAMAGE TO, OR LOSS OF, PROPERTY, ARISING OUT OF, RESULTING FROM, OR IN CONNECTION WITH, PARTICIPATION IN THE SWEEPSTAKES AND/OR RECEIPT AND USE OF THE PRIZE.
11.2 The Released Parties are not liable and responsible for lost, late, incomplete, inaccurate, stolen, misdirected, undelivered or garbled entries or messages; or for lost, interrupted or unavailable network, server, Internet Service Provider (“ISP”), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Sweepstakes, including, without limitation, errors or difficulties which may occur in connection with the administration of the Sweepstakes, the processing of entries, the announcement of the Prize or in any Sweepstakes-related materials. The Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Sweepstakes. The Released Parties are not responsible for injury or damage to participants' or to any other person's computer related to or resulting from participating in the Sweepstakes or downloading materials from or use of the website. If for any reason an entrant’s entry is confirmed to have been erroneously deleted, lost or otherwise destroyed or corrupted, the entrant’s sole remedy is another entry into the Sweepstakes, if the Entry Period has not expired. No more than the stated number of prizes will be awarded.
11.3 Except where prohibited, each entrant agrees that: (i) any and all disputes, claims and causes of action arising out of, or connected with, the Sweepstakes or the Prize shall be resolved individually, without resort to any form of class action, and exclusively by the Federal or state courts located in Fairfield County, Connecticut USA; (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes, but in no event attorneys’ fees; and (iii) UNDER NO CIRCUMSTANCES WILL AN ENTRANT BE PERMITTED TO OBTAIN AWARDS FOR, AND EACH ENTRANT HEREBY WAIVES ALL RIGHTS TO CLAIM, INDIRECT, PUNITIVE, INCIDENTAL AND CONSEQUENTIAL DAMAGES AND ANY OTHER DAMAGES, OTHER THAN FOR ACTUAL OUT-OF-POCKET EXPENSES, AND ANY AND ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED. All issues and questions concerning the construction, validity, interpretation and enforceability of the Rules, or the rights and obligations of the entrant and the Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Connecticut, USA without giving effect to any choice of law or conflict of law rules (whether of the State of Connecticut, USA or any other jurisdiction), which would cause the laws of any jurisdiction other than the State of Connecticut, USA, to apply.
12. Severability. If the application of any provision of the Rules to any particular facts or circumstances shall for any reason be held to be invalid, illegal or unenforceable by a court, arbitration panel or other tribunal of competent jurisdiction, then: (a) the validity, legality and enforceability of such provision as applied to any other particular facts or circumstances, and the other provisions of the Rules, shall not in any way be affected or impaired thereby; and (b) such provision shall be enforced to the maximum extent possible. In addition, if any provision contained in the Rules shall for any reason be held to be excessively broad as to duration, geographical scope, activity or subject, it shall be construed by limiting and reducing it, so as to be enforceable to the extent compatible with applicable law.