“Sootchy College Savings and Student Debt Repayment Giveaway” Sweepstakes
NO PURCHASE OR PAYMENT OF MONEY IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE OR PAYMENT OF MONEY WILL NOT IMPROVE THE CHANCES OF WINNING.
The “Sootchy College Savings and Student Debt Repayment Giveaway” Sweepstakes (the “Sweepstakes”) is intended for legal residents of the United States of America (“USA”) (excluding residents of Florida & New York) and shall only be construed and evaluated according to U.S. law and applicable state law. THESE OFFICIAL RULES REQUIRE YOU TO ARBITRATE ANY DISPUTES.
SPONSOR/ADMINISTRATOR: The Sweepstakes is sponsored by Sootchy Inc., 500 S. Grand Ave. Ste. 1650, Los Angeles, CA 90071 (the “Sponsor”) and administered by American Sweepstakes & Promotion Co., Inc., 300 State St. Suite 402 Rochester, NY 14614 (the “Administrator”).
ELIGIBILITY: The Sweepstakes is open to legal residents of the USA (excluding those with primary residence in Florida or New York) who are at least fourteen (14) years of age at the time of entry (the “Entrants”). Employees, officers and representatives of the Sponsor, the Administrator, their respective parent companies, employees, officers, directors, subsidiaries, affiliates, distributors, sales representatives and advertising and promotional agencies, and the officers, directors, agents, and employees of each of the foregoing, and members of their immediate families (defined as including spouse, biological, adoptive and step-parents, grandparents, siblings, children and grandchildren, and each of their respective spouses, regardless of where they reside) or households (whether related or not) of any of the above (collectively, the “Released Parties”) are NOT eligible to participate in this Sweepstakes. Non-eligibility or non-compliance with any of these Official Rules will result in disqualification. Void where prohibited or restricted by law. (For the avoidance of doubt, any references in these Rules to Entrants shall also include the Entrant who is deemed the Winner (as defined below)).
AGREEMENT TO OFFICIAL RULES: By participating, Entrants agree to abide by and be bound by these Official Rules and the decisions of the Sponsor, which are final and binding in all matters relating to the Sweepstakes. Winning the Prize (as defined below) is contingent upon fulfilling all requirements set forth herein.
HOW TO ENTER THE SWEEPSTAKES: The Sweepstakes begins at 12:00:01 a.m. Eastern Time (“ET”) on September 15, 2020 and ends at 11:59:59 p.m. CT on October 27, 2020 (“Sweepstakes Period”). The Sponsor’s database computer is the official time-keeping device for the Sweepstakes. Entry methods are as follows:
GENERAL CONDITIONS: If for any reason the operation or administration of this Sweepstakes is impaired or incapable of running as planned for any reason, including but not limited to (i) infection by computer virus, bugs; (ii) tampering, unauthorized intervention; (iii) fraud; (iv) technical failures or (v) any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, the Sponsor reserves the right at its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Sweepstakes in whole or in part, at any time, without notice and/or award the Prize (defined below) using all non-suspect eligible entries received as of, or after (if applicable) this cancellation, termination, modification or suspension date, or in any manner that is fair and equitable and best conforms to the spirit of these Official Rules. Sponsor reserves the right, at its sole discretion, to disqualify any individual deemed to be tampering or attempting to tamper with the entry process or the operation of the Sweepstakes or Sponsor’s Website; or acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON (S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. Failure by the Sponsor to enforce any provision of these Official Rules shall not constitute a waiver of that provision.
RELEASE AND LIMITATIONS OF LIABILITY: By participating in the Sweepstakes, Entrants agree to release and hold harmless the Released Parties from and against any claim or cause of action arising out of participation in the Sweepstakes or receipt or use of any Prize, including, but not limited to: (i) any technical errors that may prevent an Entrant from submitting an entry; (ii) unauthorized human intervention in the Sweepstakes; (iii) printing errors; (iv) errors in the administration of the Sweepstakes or the processing of entries; or (v) injury, death, or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Sweepstakes or receipt of any Prize. Released Parties assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. Released Parties are not responsible for any problems or technical malfunction of any telephone network or telephone lines, computer online systems, servers, or providers, computer equipment, software, failure of any email or entry to be received by Sponsor on account of technical problems, human error or traffic congestion on the Internet or at any website, or any combination thereof, including any injury or damage to Entrant's or any other person's computer relating to or resulting from participation in this Sweepstakes or downloading any materials in this Sweepstakes. Entrant further agrees that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Sweepstakes, and in no event shall the Released Parties be liable for attorney fees. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
WINNER SELECTION AND NOTIFICATION: The potential Sweepstakes Prize Winner will be selected in a random drawing from among all eligible entries received throughout the Sweepstakes Period. The Prize drawing will be conducted by the Administrator, whose decisions are final and binding. The Prize drawing will be conducted on or about October 19, 2020. The potential Winner will be contacted by the Sponsor and/or Administrator via phone, email, and/or USPS mail. Odds of winning the Prize will depend on the total number of eligible entries received throughout the Sweepstakes Period.
PRIZE: There will be one (1) Winner. The Prize Winner (“Winner”), upon the Administrator’s verification of eligibility, will receive up to $40,000 added into a Sootchy 529 account (“Prize”).
The MAXIMUM VALUE of the Prize is $40,000. If actual value of the Prize is lower than the stated ARV when the Prize is procured and fulfilled, then the difference will not be awarded. All other expenses associated with prize acceptance/usage not specifically mentioned herein are the responsibility of the Winner. NOTE: Substitution, assignment or transfer of the Prize is not permitted, except by Sponsor, who reserves the right to substitute the Prize with another of equal or greater value.
The Prize is subject to restrictions applicable to Section 529 Plans in general and will be paid directly as a contribution to the Winner's existing or to be established Sootchy 529 College Savings account. If the Winner does not have an existing Sootchy 529 account, the Winner will be required to complete documentation necessary to open a Sootchy 529 College Savings account, including an enrollment form with investment instructions and return all necessary forms in good order within thirty (30) calendar days of accepting the Prize. Even though the Winner must have a Sootchy 529 account in order to receive the Prize, the Winner is not required to deposit any additional monies into the 529 account in order to open the account or receive the Prize.
Sweepstakes does not take into account Winner's personal circumstances or other factors that may be important in making 529 account investment decisions. Investment returns are not guaranteed or insured, and the 529 account could lose money by investing in a 529 College Savings Program. Winner should consult his or her own tax advisor about tax implications, if any, of a 529 account, and contributions to and/or withdrawals from a 529 account. If the 529 account funds are not used for qualified education expenses, a 10% penalty tax on earnings (as well as federal and state income taxes) may apply. Prize may be considered income, and any and all taxes and other expenses associated with Prize are the sole responsibility of the Winner. Sweepstakes is not a recommendation to invest in a 529 College Savings Program.
Sootchy 529 College Savings accounts offer Utah’s official 529 plan which is administered by the State of Utah. Withdraws from Utah’s 529 plan may be used for K-12 expenses, higher education expenses, payment on qualified tuition loans, or costs for registered apprenticeships. Winner agrees to comply with all Sootchy and Utah 529 plan requirements and, if necessary, to complete and execute necessary documents to open a 529 account and to provide additional documents as required. 529 accounts offer different investment options and include fees and expenses which are the sole responsibly of the Winner. For more information about investment objectives, risks, charges, expenses, and other information regarding Utah’s 529 plan, go to my529.org or call 1-800-418-2551 and request a Program Description booklet. You should read and consider such information carefully before investing. The Sponsor could elect, at its sole discretion, to have the Prize winnings deposited in another state's 529-plan (other than Utah).
NOTE: If a selected Winner is less than the age of majority in their state of primary residence at the time they are notified as a potential Winner, the minor’s parent/legal guardian must accept the Prize and all Prize conditions listed herein on the minor’s behalf.
ADDITIONAL PRIZE CONDTIONS: By accepting the Prize, the Winner agrees to release and hold harmless the Released Parties, each of their related companies, and each of their respective officers, directors, employees, shareholders, and agents from and against any claim or cause of action arising out of participation in the Sweepstakes or receipt or use of the Prize. The potential Winner must sign and return to the Administrator, within five (5) days of the date of notice or attempted notice is sent, an Affidavit of Eligibility, Liability & Publicity Release in order to claim the Prize. The Winner may also be asked to complete an IRS Form W9. Note: The Affidavit sent to a potential Winner will require that the Winner provide their Social Security Number to the Administrator, which will be used solely for tax reporting purposes. The Winner is responsible for all local, state, and federal taxes associated with the receipt of the Prize. The Winner must note that the value of the Prize is taxable as income and an IRS Form 1099 will be filed in the name of the Winner for the value of the Prize, and the Winner is solely responsible for all matters relating to the Prize after it is awarded. If a Prize or Prize notification is returned as unclaimed or undeliverable to a potential Winner, if a potential Winner cannot be reached or does not respond as instructed within two (2) days from the first notification attempt, or if a potential Winner fails to return requisite document(s) within the specified time period, or if a potential Winner fails to establish a Sootchy 529 account prior to returning the requisite document(s) within the specified time period, or if a potential Winner is not in compliance with these Official Rules, then such person shall be disqualified and, at Sponsor’s sole discretion, an alternate Winner may be selected.
By accepting the Prize, where permitted by law, the Winner grants to the Released Parties and those acting pursuant to the authority of Sponsor and the Released Parties (which grant will be confirmed in writing upon Sponsor’s request), the right to print, publish, broadcast and use worldwide IN ALL MEDIA without limitation at any time their full name, portrait, picture or video, voice, likeness and/or biographical information for advertising, trade and promotional purposes without further payment or additional consideration, and without review, approval or notification.
IN NO EVENT WILL RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND (INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES) ARISING OUT OF PARTICIPATION IN THIS SWEEPSTAKES OR THE ACCEPTANCE, POSSESSION, USE, OR MISUSE OF, OR ANY HARM RESULTING FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF THE PRIZE.
By participating, Entrants release and agree to hold harmless the Released Parties from any and all liability for any injuries, death or losses or damages to persons or property AS WELL AS CLAIMS/ACTIONS BASED ON PUBLICITY RIGHTS, DEFAMATION, AND/OR INVASION OF PRIVACY that may arise from participating in this Sweepstakes or its related activities or the acceptance, possession, use or misuse of, or any harm resulting from the acceptance, possession, use or misuse of the Prize. The Winner also acknowledges that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to the Prize.
DISPUTES: Except with respect to the protection and enforcement of the intellectual property rights of the Released Parties and their rights to seek and/or obtain injunctive or equitable relief, any claim, cause of action or proceeding arising out of or relating to the Official Rules or any Sweepstakes shall be resolved by mandatory, binding arbitration. The arbitration shall be conducted in Los Angeles, California, and the Federal Arbitration Act, and not any state law concerning arbitration, shall apply. The arbitration award shall be final and exclusive, and the prevailing party in the arbitration may file an action in court to confirm and to enforce the arbitration award. Any such action, or any claim, cause of action or proceeding not subject to arbitration as set forth in this Section, shall be filed and adjudicated in a state or federal court in Los Angeles County, California, and all parties agree to submit to the personal jurisdiction of those courts. Entrants irrevocably waive any rights to seek and/or obtain injunctive or other equitable relief and any defense of forum non conveniens. Should either party pursue any other judicial or administrative action with respect to any matter included within the scope of this binding arbitration provision, the responding party will be entitled to recover its costs, expenses and attorneys’ fees incurred as a result of such action. Further, any and all disputes, claims and causes of action arising out of or connected with a Sweepstakes, or any Prize awarded, will be resolved individually, without resort to any form of class action.
SEVERABILITY: The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. If any provision of the Official Rules is determined to be invalid or otherwise unenforceable, the other provisions will remain in effect and will be construed as if the invalid or unenforceable provision were not contained herein.
FORCE MAJEURE: The failure of the Sponsor to comply with any provision of this Official Rules due to an act of God, hurricane, war, pandemic, terrorism, fire, riot, and earthquake, actions of governmental authorities outside the control of the Sponsor or other force majeure event shall not be considered a breach of these Official Rules.
MISCELLANEOUS: These Official Rules contain the full and complete understanding with respect to the Sweepstakes and supersede all prior and contemporaneous agreements, representations and understandings, whether oral or written. The headings herein are for convenience only, do not constitute a part of these Official Rules, and shall not be deemed to limit or affect any of the provisions hereof. No amendment to, or waiver of, any provision of these Official Rules shall be effective unless in writing and signed by both Sponsor and Administrator. The waiver by Sponsor or Administrator of any provision of these Official Rules shall not constitute a waiver of any other provision herein. The rights and obligations hereunder may not be assigned by Entrant, whether by operation of law or otherwise, without the prior written consent of Sponsor, and any attempted assignment in violation of the foregoing shall be null and void. These Official Rules shall be binding upon, and inure to the benefit of, the permitted successors and assigns of Sponsor, Administrator, and Entrant.
WINNERS LIST REQUEST: To request confirmation of the name, city, and state of residence of the Winner, please send a self-addressed, stamped business size envelope, by December 15, 2020, to: ASC/Sootchy Sweepstakes Winners List Request, 300 State St., Suite 402, Rochester, NY 14614.