TOGETHXR MARCH MADNESS 2023 PROMOTION (the “Promotion”)
OFFICIAL RULES (the “Rules”)
NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. VOID WHERE PROHIBITED BY LAW. ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.
The Promotion is a sweepstakes promotion offered by AXM LLC, d/b/a TOGETHXR (the “Sponsor”). These Rules govern the Promotion and they constitute an agreement between Sponsor and any person who acts to enter or participate in the Promotion or otherwise assents to these Rules (“Entrant”, “you,” “your”). Such action or other assent constitutes your agreement to these Rules.
Please note that this Promotion is not in any way sponsored, endorsed or administered by, or associated with, Facebook/Instagram. You are providing information to Sponsor and not to Facebook.
Message & Data Rates May Apply: If you choose to participate via a mobile device, message and data rates may apply based on your wireless carrier’s rate plan. Internet access may not be available from your wireless carrier, or in your area. Message and data rates may apply even if your use of a mobile device does not result in Promotion entry.
Participation in the Promotion is open only to persons who at the time of entering (a) have reached the legal age of majority where they reside, (b) are legal residents of the United States (including the District of Columbia) and (c) have either a valid Social Security number and/or a valid U.S. personal tax identification number. Employees of Sponsor or its Affiliates (defined below), advertising agencies or promotional agencies, however, are not eligible to participate in the Promotion; nor are any immediate family members (mother, father, brother, sister, son, daughter, or spouse) of any such employee nor any person residing in the same household as any such employee. The Promotion is subject to all applicable laws and regulations. Notwithstanding any other terms of these Rules, this Promotion is void in Canada, Puerto Rico, U.S. territories and possessions and is VOID WHERE PROHIBITED BY LAW.
- HOW TO ENTER
The ability to enter the Promotion will begin, on or about 12:00 a.m. Pacific Time (“PT”) on March 14th, 2023 and end at 11:59 p.m. PT on March 19th, 2023 (the “Promotion Period”). To enter you must submit your email address on our promotion page on our website www.togethxr.com.
To be eligible, entries must be submitted and received during the Promotion Period. Sponsor’s computer is the official time clock. Entries must be submitted in the name of an eligible living person. All entries become the property of the Sponsor and will not be acknowledged. Proof of submitting an entry does not constitute proof that Sponsor received the entry in the Promotion.
In its sole discretion, Sponsor may disqualify any entry (in whole or in part) that Sponsor determines was obtained or submitted through unauthorized means or sources, is not original, is illegible, mutilated, altered, reproduced, stolen, forged, counterfeited, irregular, is non-compliant with these Rules, contains printing, production, typographical, mechanical or other errors, or is marked improperly.
Except where prohibited by law, you hereby consent to Sponsor’s and its designees’ and their respective Affiliates’ publication, broadcast, website posting and other dissemination and use of your picture, name, address, voice, likeness and/or statements for legal, information, editorial, promotional, advertising and/or publicity purposes in any media, worldwide, without limit and without further compensation.
There will be [one (1) grand prize winner of two (2) all-expense paid tickets to the 2023 WNBA All-Star Game in Las Vegas, NV (“Grand Prize”), four (4) winners of a gift bag of TOGETHXR merchandise (the “Second Prizes”, and together with the Grand Prize, the “Prizes” and each a “Prize”) TOTAL APPROXIMATE RETAIL VALUE (“ARV”) OF THE GRAND PRIZE IS USD $4,000. TOTAL ARV OF THE SECOND PRIZE IS USD $200. For the purpose of any determination of each Prize’s value (or any part thereof), the determination of Sponsor will be final and binding. The right to the Prize (or any part thereof) is not transferable by the winner. The Prize (or any part thereof) must be accepted as awarded with no substitutions (in cash, in kind, or otherwise) except at Sponsor’s sole discretion. Additional compensation will not be provided if actual value of the Prize is less than stated ARV. Sponsor reserves the right to substitute the Prize (or any part thereof) for an item (including cash) of equivalent or greater value if for any reason, in Sponsor’s sole discretion, the Prize (or any part thereof) cannot, or without hardship cannot, be awarded as described in these Rules. Any and all taxes (including, without limitation, income taxes) and other costs and expenses arising from or relating to the Prize (or any substitution) or its delivery, transfer, receipt, acceptance, possession, use or disposition is solely the responsibility of the Prize winner, except for a single instance of shipping and handling arranged by Sponsor. Prize winner will receive an IRS Form 1099 (“1099”) for prizes with ARV of USD $600 or greater, and may receive a 1099 for prizes with ARV less than US$600, from the Sponsor for the calendar year the Prize was taken for the total ARV of the Prize won as stated herein. You may also receive other tax documents, as applicable, in Sponsor’s sole discretion. Prizes and/or prize notifications will only be shipped to street addresses in the U.S.
- SELECTION AND NOTIFICATION OF WINNER; ODDS OF WINNING
The Prize winner will be selected by random drawing (the “Drawing”) from the Promotion entries the Sponsor timely receives prior to the Drawing. The Drawing will be conducted from the offices of Sponsor (or from such other location Sponsor designates) on or about 5:00 pm pt on 3/24/23. The Sponsor reserves the right to require the selected entrant to sign and deliver to Sponsor’s satisfaction a waiver, release and confirmation of eligibility under and compliance with these Rules. The Sponsor or its designee will attempt to contact the selected entrant by direct message within two weeks following the end of the Promotion; or in the alternative email, mail, telephone and/or on social media platforms. Sponsor will attempt to contact the selected entrant twice after the date Sponsor first DM’s the selected entrant or otherwise contacts the selected entrant as specified herein. If the selected entrant cannot be reached after a reasonable effort has been exerted, or if the Prize notification is returned or reported as undeliverable, or if the selected entrant (whether or not contacted) is deemed to be ineligible or disqualified (which shall be in the Sponsor’s sole discretion), or if the selected entrant fails to, is unable to or is unwilling to comply with these Rules, or if the selected entrant fails to, is unable to or is unwilling within fourteen (14) days to sign and deliver to Sponsor’s satisfaction a waiver, release and confirmation of eligibility under and compliance with these Rules, then that selected entrant forfeits all rights to win the Promotion or receive the Prize and will be deemed disqualified. In such case another entry will be drawn for the Prize. This process may be repeated until the Prize has been awarded and delivered, upon which event such entrant will be declared the winner of the Promotion. All findings, determinations and decisions of the Sponsor or its designees may be made in the Sponsor’s or its designee’s sole discretion and are final and binding in all matters relating to this Promotion and in all respects. Prize winner (or parent/legal guardian where applicable) may be required to furnish proof of identification and sign, complete, and return an Affidavit of Eligibility/Liability Release and, where lawful, a Publicity Release, within seven (7) days of attempted notification or Prize may be forfeited. Sponsor shall not be responsible for and shall not be liable for: (i) any change of email address or other contact information of Entrants, (ii) for any delays in awarding prizes for any reason outside of Sponsor’s control, and/or (iii) late, lost, misdirected, or unsuccessful efforts to notify the winner. Prizes will only be delivered to verified winners and to addresses within the 50 U.S./D.C. By accepting a prize, each winner consents to the use of his/her name, address (city and state of residence), voice, comments, and statements relating to the Promotion or Sponsor, and Entries or other likenesses, without further compensation, notification, or permission in any publicity or advertising carried out by Sponsor, any related entities, or anyone authorized by Sponsor in any and all media now known or hereinafter developed without territorial or time limitation, except where prohibited by law, and for the purpose of improving Sponsor’s products and services.
THE Odds of winning are dependent upon the total number of entries received AND WINNERS CHOSEN. For instance, if there were one thousand (1,000) entries received, the odds of winning the Prize would be one chance in one thousand (1 in 1,000). This could vary if entries were disqualified.
- RELEASE AND CONSENT
By participating in this Promotion, each entrant agrees to release Sponsor and the other Released Parties from any and all liability, claims, injuries, losses, harm or damages of any kind caused by, resulting from or otherwise arising in connection with this Promotion, participation in this Promotion, the operation, administration, change or cancellation of the Promotion or any acceptance, use, misuse or consequence of any prize. As used in these Rules, “Released Party(ies)” means and includes, Sponsor and it Affiliates, Facebook, Instagram, Sponsor’s marketing partners, suppliers and advertising and/or promotion agencies, any person or entity providing, supplying, fulfilling, delivering or honoring any prize, any of the contractors, licensors or suppliers of any of the foregoing, any of the Affiliates of any of the foregoing and any of the directors, officers, employees, agents or representatives of any of the foregoing. Any recourse you have regarding any such liability, claims, injuries, losses, harm or damages is limited solely and exclusively to the Sponsor and not to any other Released Party nor to any other person or entity. For purposes of these Rules, an “Affiliate” of an entity, association, business or other specified person is an entity, association, business or person that directly, or indirectly through one or more intermediaries, controls, or is controlled by, or is under common control with, such specified entity, association, business or person.
THE RELEASED PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY ENTRANTS AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE, OR USE OF THE PRIZE, ENTRY, OR PARTICIPATION IN THIS PROMOTION OR IN ANY PROMOTION OR SWEEPSTAKES RELATED ACTIVITY, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY, OR MERCHANDISE DELIVERY. BY PARTICIPATING IN THIS PROMOTION, ENTRANT AGREES THAT THE RELEASED PARTIES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY INJURIES, DAMAGES, OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES TO PERSONS, OR TO PROPERTY ARISING OUT OF ACCESS TO AND USE OF THE WEBSITE. THE RELEASED PARTIES ARE NOT RESPONSIBLE IF ANY PRIZE CANNOT BE AWARDED DUE TO CANCELLATIONS, DELAYS, OR INTERRUPTIONS DUE TO ACTS OF GOD, ACTS OF WAR, NATURAL DISASTERS, WEATHER, OR TERRORISM.
THE RELEASED PARTIES EXPRESSLY DISCLAIM ANY RESPONSIBILITY AND PARTICIPANTS AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE RELEASED PARTIES, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS AND AGENTS, FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, DEMANDS AND/OR LIABILITIES FOR INJURY/DEATH, DAMAGE OR LOSS TO ANY PERSON OR PROPERTY RELATING TO OR ARISING IN CONNECTION WITH PARTICIPATION IN THIS PROMOTION (REGARDLESS OF THE CAUSE OF SUCH INJURY OR LOSS), THE DELIVERY AND/OR SUBSEQUENT USE OR MISUSE OF THE PRIZE AWARDED AND/OR PRINTING, DISTRIBUTION OR PRODUCTION ERRORS OR FOR LOST, LATE, MISDIRECTED, INCOMPLETE, CORRUPTED OR ILLEGAL/UNAUTHORIZED SUBMISSIONS. WINNER ACKNOWLEDGES THAT THE PRIZE IS AWARDED “AS IS” AND THAT SPONSOR HAS NOT MADE, AND IS NOT IN ANY MANNER RESPONSIBLE OR LIABLE FOR ANY REPRESENTATION, GUARANTEE OR WARRANTY, EXPRESSED OR IMPLIED, IN LAW OR IN FACT, RELATIVE TO ANY PRIZE, INCLUDING, BUT NOT LIMITED TO ITS QUALITY, MECHANICAL CONDITION OR FITNESS FOR A PARTICULAR PURPOSE.
CAUTION AND WARNING: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. 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. Sponsor is not responsible for any typographical or other error in the offer or administration of this Promotion, or in the announcement of Promotion winners and Prizes. Sponsor reserves the right at its sole discretion to disqualify any individual it finds to be attempting to tamper with or undermine the entry process, the website, and/or the legitimate operation of the Promotion; to violate the Official Rules; or to act in an unsportsmanlike or disruptive manner or with the intent to annoy, abuse, threaten, or harass any other person. If, for any reason, the Promotion is not capable of running as planned, Sponsor may, in its sole discretion, void any suspect entries and (a) cancel or terminate the Promotion (or any portion thereof); (b) modify the Promotion or suspend the Promotion to address the impairment and then resume the Promotion in a manner that best conforms to the spirit of these Official Rules; and/or (c) award the prize at random from among the eligible, non-suspect entries received up to the time of the impairment.
In addition to Sponsor, any Released Party may enforce any provision of these Rules that specifically addresses a Released Party and, according to its express terms, represents an actual or potential protection or benefit for the Released Party.
By accepting the Prize, the winner hereby consents to Sponsor’s and its designees’ and their respective Affiliates’ publication, broadcast, website posting and other dissemination and use of such winner's picture, name, address, voice, likeness and/or statements for legal, information, editorial, promotional, advertising and/or publicity purposes in any media, worldwide, without limit and without further compensation other than the Prize (or any substitution) offered and accepted. Entrants further understand and agree that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived. Entrants acknowledge that Section 1542 provides that:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.
- DISCLAIMERS AND NOTICES
Sponsor is not responsible for (i) entries that (for whatever reason and whoever’s fault – unless done fraudulently by Sponsor) are incomplete, lost, damaged, destroyed or unintelligible; (ii) telephone, technical, network, online, electronic, computer hardware or software failures of any kind; (iii) incomplete, garbled or delayed Internet/e-mail computer transmissions on account of operator error, technical problems, traffic congestion on the Internet, congestion or problems regarding any Web site, or any combination thereof; (iv) any condition caused by events beyond Sponsor’s control which disrupts or interferes with the Promotion; or (v) any injury, loss, damage or liability of any kind arising out of or relating to your participation in the Promotion or the delivery, transfer, receipt, acceptance, possession, use or disposition of the Prize (or any substitution), including without limitation any injury, loss, or damage to your or any other person's computer or property relating to or resulting from participation in, or downloading or viewing any materials in connection with, this Promotion.
Sponsor reserves the right at its sole discretion (i) to modify, postpone, defer or cancel the Promotion at any time and with or without notice and (ii) to disqualify any individual that tampers or attempts to tamper with the entry process, violates these Rules, or acts in an inappropriate or disruptive manner, or with intent to annoy, abuse, threaten or harass any person.
SPONSOR MAKES NO WARRANTIES, REPRESENTATIONS OR GUARANTEES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, WITH REGARD TO THIS PROMOTION OR THE MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY PRIZE (OR ANY SUBSTITUTION) OR ANY COMPONENT OF ANY PRIZE (OR ANY SUBSTITUTION). ANY ATTEMPT BY YOU OR ANY PERSON TO DELIBERATELY DAMAGE A WEBSITE OR PROMOTION-RELATED MECHANISM OR PROCESS OR TO UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION MAY BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING WITHOUT LIMITATION ATTORNEYS' FEES) FROM ANY ENTRANT OR OTHER PERSON TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
Any and all claims, judgments, and awards shall, in addition to any limits and exclusions provided for elsewhere in these Rules, be limited to actual out-of-pocket costs incurred, but in no event attorneys’ fees or litigation, arbitration or mediation costs or expenses of any kind. UNDER NO CIRCUMSTANCES WILL SPONSOR OR ANY OTHER RELEASED PARTY BE LIABLE FOR ANY DAMAGES THAT IN THE AGGREGATE (REGARDLESS OF THE NUMBER OF CLAIMS OR CLAIMANTS, AND REGARDLESS OF THE TIMING OF CLAIMS) EXCEED $500, NOR FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR PUNITIVE DAMAGES, THE FOREGOING EXCLUSIONS AND LIMITATIONS SHALL APPLY REGARDLESS OF THE BASIS OF, OR THEORY OF RELIEF REGARDING, ANY CLAIM OR ACTION (INCLUDING, WITHOUT LIMITATION, ANY FORM OF NEGLIGENCE OR STATUTORY OR REGULATORY VIOLATION) AND REGARDLESS OF WHETHER SPONSOR OR ANY OTHER RELEASED PARTY WAS AWARE OR NOTIFIED OF THE HARM, DAMAGE OR LOSS SUFFERED OR ALLEGED.
The protections and benefits of this Section 6 shall be construed as also applying for the protection and benefit not only of Sponsor but of all Released Parties as well.
- ARBITRATION/CLASS ACTION WAIVER: PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT OR CLASS ACTION IN COURT.
The Sponsor and you (“Parties”) agree that these Official Rules affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions.
Any dispute/claim relating to this contract or its breach, the Rules or any prize awarded (“Claim”) that is not informally resolved within fifteen (15) days of notice, shall be finally resolved by arbitration in your state of residence. The arbitration will be administered by the AAA under its AAA Rules, will be conducted in English and by a single arbitrator, and any court with jurisdiction may enter judgment regarding the arbitrator’s award.
The Sponsor entities will bear the cost of any arbitration filing fees and arbitration fees for claims of up to Seventy-Five Thousand US Dollars ($75,000 USD), unless the arbitrator determines that the arbitration is frivolous. You are responsible for any other costs that you may incur in the arbitration, including, attorney fees and expert witness costs, unless the Sponsor entities are otherwise required to pay such costs under applicable law. You may pursue your claim in small claims court where jurisdiction and venue over the Sponsor entities is proper if your claim otherwise qualifies for such court and you do not seek any equitable relief.
The Parties agree that the Sponsor entities and you will resolve any Claim on an individual basis, and that any Claim will be brought in an individual capacity, and not on behalf of, or as part of, any purported class, consolidated, or representative proceeding (“Class Proceeding”). The Parties further agree that neither will participate in any current or future Class Proceeding brought by any third party relating to the contract, Rules, or any prize.
If any court or arbitrator determines that the class action waiver is void or unenforceable or that arbitration may proceed on a class basis, then the relevant claim will not be subject to arbitration and must be litigated in federal court located in Los Angeles, California.
The agreement to arbitrate and class action waiver also apply to any Claims you assert against the Sponsor entities’ or their advertisers or their respective present or future parent, subsidiary or affiliated companies.
- WINNERS LIST
The identity of the winner will be published approximately three (3) days after the winner(s) have been finally declared and the Prize (or any part thereof) has been finally awarded. Such publication will be posted to the Sponsor’s social media pages or to the following Web site: www.togethxr.com or such other Web location of Sponsor’s as may be deemed appropriate by Sponsor. For the name of the Prize winner, you may also send a request that includes a self-addressed, stamped envelope to: AXM LLC, d/b/a Togethxr - ATTENTION: Marketing Department, 1223 Wilshire Blvd, no.292, Santa Monica, CA, 90403. Such requests must be received no later than ninety (90) days after the Promotion is closed to further entries.
All entries and related submissions, information, materials and content, and any prize claims, become the property of Sponsor upon submission or delivery and will not be returned. Upon submission or delivery, Sponsor will own all right, title and interest in and to entries and related submissions, information, materials and content, and any Prize claims, in perpetuity and throughout the universe and in all media and forms of expression and communication now known or hereafter developed. Sponsor solely and these Rules constitute the full and exclusive agreement relating to the Promotion. In the event of any conflict between these Rules and any statement, document or communication relating to the Promotion, these Rules shall prevail.
AXM LLC, d/b/a Togethxr
1223 Wilshire Blvd, no.292, Santa Monica, CA, 90403
© 2023 AXM LLC, d/b/a TOGETHXR | All rights reserved.