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$1,500 Gift Card Giveaway Terms & Conditions

 

Win up to $1,500 Gift Card Giveaway

NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. MAKING A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING.

 

  1. Membership & Eligibility

The $1500 Gift Card Sweepstakes (the "Giveaway") is a sweepstakes sponsored by ZitSticka, Inc. ("ZitSticka"). Subject to these Terms, the Giveaway is open only to legal U.S. residents physically residing in any of the 50 states in the U.S. and who are at least 21 years old as of the date of entry to the Giveaway ("Entry"). Entry is limited to individuals only and entry eligibility is not determined at a household level. Employees, officers, directors, agents and representatives of ZitSticka and its affiliates, parents, subsidiaries, and advertising and promotion agencies and any other entity involved in the development or administration of this Giveaway, and their immediate family members or household members are not eligible for Entry.   THIS GIVEAWAY IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW OR WHERE BONDING, REGISTRATION, OR OTHER REQUIREMENTS WOULD BE REQUIRED BUT HAVE NOT BEEN MET, OR WHERE THE METHODS OF ENTRY SET FORTH BELOW WOULD BE DEEMED CONSIDERATION. ALL APPLICABLE FEDERAL, STATE AND LOCAL LAWS APPLY.

 

Entry Period

This Giveaway begins at 12:00 AM PST August 5th, 2022 and ends at 11:59 PM PST August 31, 2022 (“Promotion Period”).

 

By submitting an Entry, you agree to be bound by these terms and conditions (“Terms”).

 

  1. Achieving Entry Status

No purchase or payment is necessary to participate in this Giveaway. Achieving Entry status can be made during the Promotion Period only.

 

Regardless of the method used to enter this Giveway, the maximum number of Entries allowed during the Promotion Period is capped at 10,000 in total, and the maximum number of Entries allowed for each entrant is 4 per entrant. 

 

Entry status may be achieved through either (i) making a purchase on www.zitsticka.com; or (ii) sending an email to support@zitsticka.com with a request to be entered in the giveaway.

Entrant will receive one Entry for completing the shopping activity. Email entrants will receive one Entry for email entry. Entrants may only enter via one method of entry. Multiple entrants are not allowed to use the same email address. Any attempt by an entrant to acquire more than four (4) entries by using numerous email addresses, registration, identities, or any other methods will void that entrant’s Entry and the entrant will be disqualified. ZitSticka expressly reserves the right to disqualify any entries that it believes in good faith are generated by an automated means or scripts. Entries generated by script, macro or other automated means are void.

 

 

  1. The Gift Card

Three (3) Giveaway Winners (“Winner”) will be selected in a random drawing conducted by ZitSticka from the eligible Entries received during the Promotion Period. Odds of winning depend upon the number of eligible Entries. In the event of a dispute regarding the identity of the potential winners, the potential winners will be deemed to be the people in whose name the applicable email account is registered.

 

The winners will be drawn at random from all eligible entries during the Promotion Period by ZitSticka on 09/15/2022 and announced publicly on @zitsticka’s Instagram. If you are unable to check these resources, you may check your status by emailing support@zitsticka.com or mailing Attn: $1500 Gift Card Giveaway, ZitSticka, 401 Broadway, Suite 1412, New York, NY 10013.

 Decisions of ZitSticka are final and binding with respect to all matters related to this Giveaway.

 

  1. PRIZES

The Winners as verified by ZitSticka will receive one of 4 prizes: 

  • Grand prize: A $1000 digital gift card to Target.com and a $500 digital gift card to zitsticka.com
  • 2nd Prize: A $250 digital gift card to zitsticka.com
  • 3rd Prize: A $100 digital gift card to zitsticka.com 

 

In no event shall ZitSticka be obligated to award any prizes other than the Prizes specified in these Terms. The Prizes are non-transferable, and cannot be sold, returned or exchanged for another product, gift card or cash, except that ZitSticka reserves the right to substitute a prize of equal or greater monetary value for any Prize if such Prize should become unavailable for any reason.  

 

To receive a complete list of winners or a copy of these Terms, within six (6) months after the end of the Promotion Period, send a self-addressed stamped envelope to Attn: $1500 Gift Card Giveaway, ZitSticka, 401 Broadway, Suite 1412, New York, NY 10013.

 

  1. Agreeing to ZitSticka’s Privacy Policy

ZitSticka values your privacy. BY REQUESTING AN ENTRY, YOU AGREE TO BE BOUND BY ZitSticka'S PRIVACY POLICY AND TERMS OF USE. You further agree that any material submitted with your Entry and any other information provided by you or collected by ZitSticka in connection with this Giveway may be used by ZitSticka in accordance with ZitSticka’s Privacy Policy and may be shared with ZitSticka’s affiliated business entities. PLEASE SEE ZitSticka'S PRIVACY POLICY at https://zitsticka.com/pages/privacy-policy AND TERMS OF USE AT https://zitsticka.com/pages/terms-of-use.

 

Opting Out of Communications with ZitSticka

If you do not wish to receive further communications from ZitSticka, you can request that they be discontinued by emailing Customer Service at support@zitsticka.com or opting out via the Unsubscribe button within marketing communications.

 

  1. General Release

By entering this Giveaway or accepting a Prize, you agree to conform to all federal, state and local laws and regulations. When applicable, the Winner may be required to execute and return (and winning may be conditioned upon the winner executing and returning) to ZitSticka, within ten (10) business days, an Affidavit of Eligibility and a Liability and Publicity Release drafted by ZitSticka to be eligible for the Prize or an alternate winner will be selected. Winner may be required in ZitSticka’s sole discretion to complete relevant tax forms as a condition to the delivery of the applicable prize. Winner may also be required to furnish proof of identity, address and birth date in order to receive a Prize.

Unless prohibited by applicable law, your acceptance of a Prize constitutes your permission to use your name, photograph, likeness, voice, address (city and state) and testimonials in all media, in perpetuity, in any manner ZitSticka deems appropriate for publicity purposes without any compensation to such entrant or any review or approval rights, notifications, or permissions; and constitutes your consent to disclose your personally identifiable information to third parties (including, without limitation, placing the winner’s name on a winner’s list).

 

  1. Changes, Termination And/Or Removal From Giveaway

ZitSticka may, in its sole and unreviewable discretion, alter, limit, or modify the Giveaway rules, regulations, benefits, eligibility for Entry, or any other feature of the Giveaway (including assigning any of its obligations to customers under the Giveaway at any time to another person or entity, without recourse) or may terminate the Giveaway any time at its sole and unreviewable discretion, by posting any such changes on the ZitSticka website. YOUR CONTINUED PARTICIPATION IN THE Giveaway FOLLOWING SUCH CHANGES CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES.

ZitSticka reserves the right to exclude individuals from the Giveaway. In particular, any abuse, manipulation or "gaming" of the Giveaway or its rules (as determined by ZitSticka), failure to follow any terms of the Giveaway, inactivity, any misrepresentation or any conduct detrimental to the interests of ZitSticka not otherwise protected by law may subject members to Entry revocation or deduction of points obtained through these abusive or manipulative activities and will affect eligibility for further participation in the Giveaway. Entry is non-transferable. ZitSticka reserves the right to make changes to its Web site and these Terms at any time. It is your responsibility to check or review these Terms from time to time to keep informed of any changes. By joining the Giveaway, you hereby agree to be bound by any such changed Terms.

 

  1. Limitation of Liability

An entrant or winner may be disqualified from this Giveaway if he or she fails to comply with each provision of these Terms, as determined in the sole discretion of ZitSticka. Participation in this Giveaway is at entrant’s own risk. ZitSticka shall not be liable for: (1) failed, returned or misdirected notifications based on inaccurate information provided by the winner in connection with an entry; (2) entries and responses to winner notifications which are lost, late, incomplete, illegible, unintelligible, postage-due, misdirected, damaged or otherwise not received by the intended recipient in whole or in part or for computer or technical error of any kind; (3) any electronic miscommunications or failures, technical hardware or software failures of any kind, lost or unavailable network connections, or failed incomplete, garbled or delayed computer transmissions which may limit an entrant's ability to participate in this Giveaway; (4) any technical malfunctions of the telephone network, computer on-line system, computer equipment, software, Giveaway malfunctions or other failures, delayed computer transactions or network connections that are human, mechanical or technical in nature, or any combination thereof, including any injury or damage to entrant's or any other person's computer or mobile device related to or resulting from downloading the App or otherwise in connection with this Giveaway; or (5) any warranty with respect to any Prize or any component thereof. THE PRIZES ARE AWARDED “AS IS” AND ZitSticka DOES NOT MAKE ANY, AND HEREBY DISCLAIMS ANY AND ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE PRIZES. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 

TO THE FULLEST EXTENT PERMITTED BY LAW, ZitSticka WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR PARTICIPATION OR ENTRY IN THE GIVEAWAY, INCLUDING DAMAGES ARISING OUT OF CHANGES TO OR TERMINATION OF THE GIVEAWAY. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES. TO THE EXTENT PERMITTED BY LAW, THE LIMITATIONS ON ZitSticka'S LIABILITY SET FORTH HEREIN SHALL APPLY WHETHER FOR BREACH OR REPUDIATION OF CONTRACT, OR WHETHER IN TORT, CIVIL LIABILITY BY WAY OF NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BY AGREEING TO THESE TERMS, YOU WILLINGLY AGREE THAT YOU HAVE RELINQUISHED YOUR RIGHT TO SEEK THESE DAMAGES FROM ZitSticka AND THAT THIS IS A REASONABLE ALLOCATION OF RISK.

 

  1. Agreement to Arbitrate Disputes

PLEASE READ THIS SECTION CAREFULLY - IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

WE BOTH AGREE TO ARBITRATE: You and ZitSticka agree to resolve any claims relating to this Giveaway through final and binding arbitration, except that, to the extent you have in any manner violated or threatened to violate ZitSticka’s intellectual property rights (for example, trademark, trade secret, copyright, or patent rights), ZitSticka may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Site, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.

WHAT IS ARBITRATION: Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.

ARBITRATION PROCEDURES: The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through JAMS. Any dispute, controversy, or claim arising out of or relating to this Giveaway shall be referred to and finally determined by arbitration in accordance with the JAMS Streamlined Arbitration Rules and Procedures. If there is a conflict between JAMS Rules and the rules set forth in this Agreement to Arbitrate, the rules set forth in this Agreement to Arbitrate will govern. The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at http://www.jamsadr.com or 1-212-751-2700 or 1-800-352-5267. To initiate arbitration, you or ZitSticka must do the following things:

(1) Write a demand for Arbitration. The demand must include a description of the Claim and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at www.jamsadr.com.

(2) Send three copies of the Demand for Arbitration, plus the appropriate filing fee to your local JAMS office or to JAMS, NY Times Building, 620 8th Ave, 34th Floor, New York, NY 10018.

(3) Send one copy of the Demand for Arbitration to the other party.

Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules, except that for claims of less than $1,000, you will be obligated to pay $25 and ZitSticka will pay all other administrative costs and fees. In addition, for claims of less than $1,000, ZitSticka will reimburse you for the $25 fee if the arbitrator rules in your favor. Arbitration under this agreement shall be held in the United States county where you live or work, New York, or any other location we mutually agree to, subject to New York law. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

AUTHORITY OF ARBITRATOR: The arbitrator will decide the rights and liabilities, if any, of you and ZitSticka, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and the Giveaway terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and ZitSticka.

NO CLASS ACTIONS: You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.

WAIVER OF JURY TRIAL: THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and ZitSticka in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND ZitSticka WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.

 

  1. Choice of Law/Forum Selection

These Terms and this Giveaway shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflict of law rules. Notwithstanding the Agreement to Arbitrate Disputes provision, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. You further expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction located in New York County, New York.

 

  1. Severability

These Terms are intended to be interpreted in a manner which makes them valid, legal, and enforceable. In the event any provision is found to be partially or wholly invalid, illegal or unenforceable, such provision shall be modified or restricted to the extent and in the manner necessary to render it valid, legal, and enforceable. It is expressly understood and agreed between the parties that such modification or restriction may be accomplished unilaterally by ZitSticka, or alternatively, by disposition of an arbitrator or a court of law. If such provisions cannot under any circumstances be so modified or restricted, they shall be excised from these Terms without affecting the validity, legality or enforceability of any of the remaining provisions.

 

  1. Additional Information on the Giveaway

If you have any questions regarding the Giveaway, you may email Customer Service at support@zitsticka.com.