LOOT CRATE’S SPORTS CRATE OPENING DAY SWEEPSTAKE
OFFICIAL SWEEPSTAKE RULES:
Sponsor.
The Loot Crate Sports Crate Opening Day Sweepstake (the “Sweepstake”) is sponsored by Loot Crate, Inc. (“Sponsor”), 3401 Pasadena Avenue, Los Angeles, CA 90031, and all Prizes are contributed by Microsoft.
Eligibility.
NO PURCHASE IS NECESSARY TO ENTER OR WIN AND A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.
The Sweepstake is open only to permanent legal residents of the United States (excluding Rhode Island) who are at least eighteen (18) years of age or older at the time of entry. Officers, directors, agents and employees of Sponsor, its subsidiaries, affiliates and/or advertising and promotion agencies, and any other entity involved in the development or administration of this Sweepstake, and members of the immediate families (spouses, parents, children and siblings, and their respective spouses, regardless of where they reside) and/or those living in the same household of each, whether or not related, are not eligible to enter or win the Sweepstake. All applicable federal, state and local laws and regulations apply. Sponsor, its subsidiaries, affiliates and agents reserve the right at any time to verify that any and all participants/contestant meet the eligibility requirements in any manner deemed appropriate.
By entering this Sweepstake, you acknowledge that you either own all right, title and interest in and to any protectable content (including, but not limited to, copyrighted material or proprietary information) contained in your entry, or, if your entry contains content that would infringe any rights owned by a third party, that you have secured the right to use content and to license the same to Sponsor under the terms set forth herein. You further acknowledge that each entry design is: (a) wholly original and not based on any pre-existing design; (b) does not incorporate or include any material or content that would require the consent of a third party; and (c) does not violate any copyright, trademark, publicity, privacy, or any other right of any third party. All entries will become the sole property of Sponsor and may be displayed publicly on Sponsor’s website. Each Prize Winner hereby agrees to transfer and by entering, does transfer, all right and title to his/her entry to Sponsor in accordance with these Official Rules of this Sweepstake. You agree to indemnify and hold Sponsor, its affiliated entities, and their respective employees, officers, directors, owners, agents, licensees and assigns harmless from any and all liability arising if through oversight, negligence or willful misconduct, your entry contains material that violates any third party’s rights.
How to Enter.
To enter the Sweepstakes as a Sports Crate™ subscriber, no action is necessary as long as the account is currently paid and active. If there is a dispute as to the identity of an entrant who made a potentially winning entry, Sponsor will deem that the entry was made by the authorized account holder of the email address. The "authorized account holder" is defined as the natural person to whom the email address is assigned by an internet service provider, online service provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.
You may also enter to win by mailing in your name, address, e-mail address, telephone number, and team choice from the available list of teams on the website at www.sportscrate.com to Loot Crate, Inc., 3401 Pasadena Avenue, Los Angeles, CA 90031, Attn: Sports Crate Opening Day Sweepstakes.
Sweepstake Entry Period.
The Sweepstake begins at 12:00:00 a.m. Pacific Time on Wednesday, March 29, 207 and ends at 11:59:59 p.m. Pacific Time on Friday, April 21, 207. Sponsor reserves the right to remove any entries for any reason.
Winner Selection and Notification.
One (1) winner will be randomly generated by Sponsor from among all eligible entries. Sponsor will make at least two (2) attempts to notify each potential winner (or in the case of a minor, his or her parent or legal guardian) via email address submitted at the time of entry. Each potential winner (or in the case of a minor, his or her parent or legal guardian) must respond to Sponsor’s email notification to claim his/her prize within seven (7) days after the date the email was sent. Failure to timely respond within this time period will result in disqualification, and, time permitting, an alternative potential winner(s) may be selected from the remaining eligible entries. Each potential winner (or in the case of a minor, his or her parent or legal guardian) will be required to execute and return an affidavit of eligibility, a contract assigning all ownership of his/her design submission to Sponsor, release of liability, an IRS W-9 form, and, except where prohibited, publicity release (collectively, “Sweepstake Documents”) within thirty (30) days after accepting the prize. Noncompliance within this time period will result in disqualification, and, time permitting, an alternate potential winner(s) may be selected from the remaining eligible entries. Sponsor reserves the right not to select a winner, if in its sole discretion, no suitable entries are received. Sponsor reserves the right to disqualify any entrant or entry at its sole discretion. If a potential winner cannot be reached, if he/she is found to be ineligible, if he/she cannot or does not comply with these Official Rules, or if his/her prize or prize notification is returned as undeliverable, potential winner will be disqualified and, time permitting, an alternate potential winner may be selected from the remaining eligible entries received. Odds of winning depend upon the total number of eligible entries received. Once all required Sweepstake Documents have been correctly completed and received from a potential winner (or in the case of a minor, his or her legal guardian), per these Official Rules, the potential winner shall be an official "Prize Winner" of the Sweepstake. Prizes are not transferable, assignable, or redeemable for cash. No substitution for a prize (or parts thereof) by a Prize Winner will be allowed. If necessary, due to unavailability for any reason, a comparable prize will be awarded at the sole discretion of Sponsor. All federal, state and local tax liabilities related to the value of the prize awarded are the responsibility of the Prize Winners. By entering this Sweepstake, you agree to be bound by these Official Rules and the decisions of the judges and Sponsor, which shall be binding and final in all respects.
Prizes.
There will be a total of one (1) Prize Winner selected. The Prize Winner will receive Xbox One S 500GB console valued at U.S.$299.00. Prizes received cannot be exchanged for cash, and prizes cannot be used in conjunction with any other promotion. No substitution or transfer of prizes is permitted except as provided herein.
Conditions.
All entries become the property of Sponsor and will not be acknowledged or returned. Entry constitutes permission (except where prohibited by law) to use entrant's name, city, state, likeness, image, photograph, and/or voice for purposes of advertising, promotion, and publicity in any and all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission or approval. By entering the Sweepstake, each entrant agrees for entrant and for entrant's heirs, executors, and administrators: (a) to release and hold harmless Sponsor, all prize providers, and each of their respective affiliates, subsidiaries, advertising and promotion agencies, and any other person or entity involved in the development or administration of the Sweepstake, and each of their respective directors, officers, employees and assigns (collectively, “Released Parties”) from any liability, illness, injury, death, loss, litigation, or damage that may occur, directly or indirectly, whether caused by negligence or not, from such entrant's participation in the Sweepstake and/or his/her acceptance, possession, use, or misuse of prize or any portion thereof (including any travel related thereto); (b) to indemnify Released Parties from any and all liability resulting or arising from the Sweepstake and to hereby acknowledge 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 any prize, including express warranties provided exclusively by prize suppliers that are sent along with any prize; (c) if selected as a winner, to the posting of such entrant's name on Facebook , Twitter and/or www.lootcrate.com, and the use by Released Parties of such name, and entrant's voice, image, and/or likeness for publicity, promotional, and advertising purposes in any and all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission or approval and, upon request, to the giving of consent, in writing, to such use; and (d) to be bound by these Official Rules and to waive any right to claim any ambiguity or error herein or in the Sweepstake itself, and to be bound by all decisions of Sponsor, which are binding and final. Failure to comply with these conditions may result in disqualification from the Sweepstake.
Additional Terms.
Sponsor reserves the right to permanently disqualify any person it believes has intentionally violated these Official Rules. Any attempt to deliberately damage the Sweepstake or the operation thereof is unlawful and subject to legal action by Sponsor, who may seek damages to the fullest extent permitted by law. The failure of Sponsor to comply with any provision of these Official Rules due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of Sponsor (excepting compliance with applicable codes and regulations), or other "force majeure" event will not be considered a breach of these Official Rules. Released Parties assume no responsibility for any injury or damage to entrants' or to any other person's computer relating to or resulting from entering or downloading materials or software in connection with the Sweepstake. Released Parties are not responsible for telecommunications, network, electronic, technical, or computer failures of any kind; for inaccurate transcription of entry information; for errors in any promotional or marketing materials or in these Official Rules; for any human or electronic error; traffic congestion; or for entries that are stolen, misdirected, garbled, delayed, lost, late, damaged, or returned. Sponsor reserves the right to cancel, modify, or suspend the Sweepstake or any element thereof (including, without limitation, these Official Rules) without notice in any manner and for any reason (including, without limitation, in the event of any unanticipated occurrence that is not fully addressed in these Official Rules). In the event of cancellation, modification, or suspension, Sponsor reserves the right to select a winner or winners, in its sole discretion, in a random drawing(s) from among all eligible, non-suspect entries received prior to the time of the event warranting such cancellation, modification, or suspension. Notice of such cancellation, modification, or suspension will be posted at www.lootcrate.com. Sponsor may prohibit any entrant or potential entrant from participating in the Sweepstake if such entrant or potential entrant shows a disregard for these Official Rules; acts with an intent to annoy, abuse, threaten, or harass any other entrant, Sponsor, or Sponsor's agents or representatives; or behaves in any other disruptive manner (as determined by Sponsor in its sole discretion).
Arbitration Agreement and Class Action Waiver.
Purpose: This Arbitration Agreement facilitates the prompt and efficient resolution of any disputes that may arise between you and Loot Crate. Arbitration is a form of private dispute resolution in which parties to a contract agree to submit their disputes and potential disputes to a neutral third person (called an arbitrator) for a binding decision, instead of having such dispute(s) decided in a lawsuit, in court, by a judge or jury trial.
Please read this Arbitration Agreement carefully. It provides that all disputes between you and Loot Crate shall be resolved by binding arbitration. Arbitration replaces the right to go to court. In the absence of this arbitration agreement, you may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Except as otherwise provided, entering into this Arbitration Agreement constitutes a waiver of your right to litigate claims in court and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this Arbitration Agreement and can award the same damages and relief as a court (including attorney’s fees, if otherwise authorized by applicable law).
For the purpose of this Arbitration Agreement, “Loot Crate” means Loot Crate and its parents, subsidiaries, and affiliated companies, and each of their respective officers, directors, employees, and agents. The term “Dispute” means any dispute, claim, or controversy between you and Loot Crate regarding any aspect of your relationship with Loot Crate, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, gross negligence or reckless behavior), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Arbitration Agreement (with the exception of the enforceability of the Class Action Waiver clause below). “Dispute” is to be given the broadest possible meaning that will be enforced.
WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS ARBITRATION AGREEMENT.
Pre-Arbitration Dispute Resolution: For all Disputes, whether pursued in court or arbitration, you must first give Loot Crate an opportunity to resolve the Dispute. You must commence this process by mailing written notification to Loot Crate, Inc., 3401 Pasadena Avenue, Los Angeles, California 90031. That written notification must include (1) your name, (2) your address, (3) a written description of the Dispute, and (4) a description of the specific relief you seek. If Loot Crate does not resolve the Dispute to your satisfaction within 45 days after it receives your written notification, you may pursue your Dispute in arbitration. You may pursue your Dispute in a court only under the circumstances described below.
Arbitration Procedures: If this Arbitration Agreement applies and the Dispute is not resolved as provided above (“Pre-Arbitration Claim Resolution”) either you or Loot Crate may initiate arbitration proceedings. The American Arbitration Association (“AAA”), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration, and shall in no event be commenced as a representative or class arbitration. All issues shall be for the arbitrator to decide, including the scope of this Arbitration Agreement.
For arbitration before the AAA, for Disputes of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply. In either instance, the AAA’s Optional Rules For Emergency Measures Of Protection shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. This Arbitration Agreement governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action or representative action procedures or rules apply to the arbitration.
Because your contract with Loot Crate, the Terms of Service, and this this Arbitration Agreement concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.
Arbitration Award: The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator shall make any award in writing but need not provide a statement of reasons unless requested by a party. Such award by the arbitrator will be final and binding on the parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
Location of Arbitration: You may initiate arbitration in either Los Angeles, CA, or in the federal judicial district that includes your address that you provide in your written notification of Pre-Arbitration Dispute Resolution. In the event that Loot Crate initiates an arbitration, it may only do so in the federal judicial district that includes your address that you provide in your written notification of Pre-Arbitration Dispute Resolution.
Payment of Arbitration Fees and Costs: Loot Crate will pay all arbitration filing fees and arbitrator’s costs and expenses upon your written request given prior to the commencement of the arbitration. You are responsible for all additional fees and costs that you incur in the arbitration, including, but not limited to, attorneys or expert witnesses. Fees and costs may be awarded as provided pursuant to applicable law. In addition to any rights to recover fees and costs under applicable law, if you provide notice and negotiate in good faith with Loot Crate as provided in the section above titled “Pre-Arbitration Dispute Resolution” and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover from Loot Crate your actual and reasonable attorney’s fees and costs as determined by the arbitrator.
Class Action Waiver: The parties agree that the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, representative action, consolidated action or private attorney general action) unless both you and Loot Crate specifically agree to do so following initiation of the arbitration. Neither you, nor any other Member of Loot Crate and/or user of Loot Crate services, can be a class representative, class member, or otherwise participate in a class, representative, consolidated or private attorney general proceeding.
Limitation of Procedural Rights: You understand and agree that, by entering into this Arbitration Agreement, you and Loot Crate are each agreeing to arbitration instead of the right to a trial before a judge or jury in a public court. In the absence of this Arbitration Agreement, you and Loot Crate might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, you give up those rights. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited in arbitration. The right to appellate review of an arbitrator’s decision is much more limited than in court, and in general an arbitrator’s decision may not be appealed for errors of fact or law.
Severability: If any clause within this Arbitration Agreement (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Arbitration Agreement, and the remainder of this Arbitration Agreement will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, then this entire Arbitration Agreement will be unenforceable, and the Dispute will be decided by a court.
Small Claims Court: As an alternative to arbitration, you may bring a claim against Loot Crate in a small claims court of competent jurisdiction. Such a claim may be brought in your name only, and not as a class action, representative action, consolidated action or private attorney general action. No small claims court or other court shall have the right to consolidate multiple parties’ claims or award relief to any person who is not a direct party to such small claims court proceeding.
Continuation: This Arbitration Agreement shall survive the termination of your contract with Loot Crate and your use of Loot Crate services.
Winners List.
After confirmations of winners and prizes have been claimed, Prize Winners will be announced on Sponsor’s social media channels and/or online on Sponsor’s official website located at www.lootcrate.com.
Privacy.
Any information collected by registering to enter the Sweepstake shall be used only in a manner consistent with these Official Rules and with the Sponsor's Privacy Policy available at www.lootcrate.com/privacy-policy.
