Participants in the Sweepstakes agree that they have read, understood and accepted these Official Rules and agree to be bound by them, including all eligibility requirements and decisions of the Sponsor. We recommend that you print out and keep a copy of the Official Rules for future reference.
ENTRY PERIOD: Nintendo 3DS (Cosmo Black, Aqua Blue Or Flame Red) ("Sweepstakes") begins at 12:01 a.m. Pacific Standard Time on May 9, 2013 and ends at 11:59 p.m. on June 20, 2013 ("Entry Period"). All references to dates and time shall be based on Pacific Standard Time. Sponsor's computer is the official time-keeping device for the Promotion. The Sponsor reserves the right to make changes to the Sweepstakes schedule at any time.
HOW TO ENTER: There are two ways to enter: 1) During the Entry Period, you may redeem 12 Swag Buck(s) to receive one entry into the Nintendo 3DS (Cosmo Black, Aqua Blue Or Flame Red) ("Sweepstakes"). To redeem Swag Bucks, go to www.swagbucks.com/s/prize/1054/Nintendo-3DS-Cosmo-Black-Aqua-Blue-Or-Flame-Red, select an Entry amount and click the "Snag This!" button. Upon redeeming your Swag Buck(s) for an entry, the number of Swag Bucks in your account will be reduced accordingly. OR 2) On a 3" x 5" piece of paper, hand-print your name, complete address, and daytime and evening telephone numbers, and mail to: Nintendo 3DS (Cosmo Black, Aqua Blue Or Flame Red), P.O Box 2748, Redondo Beach, CA 90278. Entries must be postmarked by June 15, 2013 and received by June 18, 2013. Limit one entry per envelope. An entrant may not enter with multiple identities. One entry per person. YOU MAY ONLY ENTER EITHER BY REDEEMING SWAG BUCKS, OR VIA THE ALTERNATE MAIL-IN ENTRY METHOD. YOU CANNOT USE BOTH METHODS OF ENTRY TO ENTER THE SWEEPSTAKES. ENTRANTS WHO ENTER THE SWEEPSTAKES BY BOTH METHODS OF ENTRY WILL BE DISQUALIFIED. Entries will be applied to the Sweepstakes that is running the day it is received. Any entrant who attempts to circumvent these rules by entering with multiple identities or using any device or method to obtain more than one entry will be disqualified. Use of any robotic, automatic, programmed or similar entry method, more than one entrant per household or more than the allowed number of entries will void all entries and result in disqualification.
Online entry is only available for eligible persons (as defined in Rule 3) with a registered account at this website and who have Swag Bucks in their account at time of entry. There is no cost to maintain an account or to earn Swag Bucks. To register, follow online registration instructions located at www.swagbucks.com. Similar sweepstakes may appear at other participating Sponsor search engine websites (each a "Participating Site.") The sweepstakes at each Participating Site, if any, is separate and independent from sweepstakes on other Participating Sites.
ELIGIBILITY: Open to residents of the 50 United States and D.C., UK and Canada (Excluding Quebec) 13 years of age and older as of May 9, 2013. Employees and directors of Prodege LLC ("Sponsor") and its affiliates, advertising agencies, and/or promotional partners and members of their immediate families are not eligible to enter or win and entry by such persons will be deemed invalid. "Immediate family" is defined as parents, siblings, children or spouse. No entry may be made on behalf of third parties. If any winner is deemed a minor in the jurisdiction of his/her residence, the winner will need parental consent in order enter the Sweepstakes and to be awarded the Prize or the Prize may be awarded to his/her parent/legal guardian (as determined by Sponsor in its sole discretion). The Sponsor reserves the right to request proof of age or identity. Void where prohibited.
RANDOM DRAWING: Winners will be selected in a random computer-processed drawing from among all eligible online and mail-in entries received. Drawing will be conducted by Sponsor's computer on June 20, 2013. One winner will be chosen from all eligible entries received. The Winner will be notified by either e-mail, mail, or telephone and will be required (or his/her parent or legal guardian where the selected Winner has not reached the age of majority in his/her jurisdiction of residence will be required) to sign and return an Affidavit of Eligibility, Release of Liability and a Publicity Release, as provided by Sponsor, within seven (7) days of attempted delivery or prize will be forfeited and an alternate winner may be selected, at Sponsor's sole discretion. The return of any prize/prize notification as undeliverable will result in disqualification and an alternate winner may be selected. An entrant is not deemed a winner of any prize, even if the winning notification should so indicate, unless and until the entrant's eligibility has been verified, all required documents returned and executed, including and without limitation an irs form w9 if applicable, and the entrant has been notified that the acceptance and verification process is complete. Potential winners who have not reached the age of majority in their jurisdiction of residence shall require parental consent to accept any prize.
PRIZE: One (1) Grand Prize: Nintendo 3DS (Cosmo Black Or Aqua Blue). Total approximate retail value ("ARV"): $169.99 USD, C$173 CAD, and £108 GBP.Values in Canadian Dollars and British Pounds based on exchange rate in effect at start of promotion. Prize consists of only those items specifically listed as part of the prize. Limit one prize per family/household. No substitution or transfer of prize permitted by winner. Sponsor reserves the right to substitute a prize of equal or greater value. Unclaimed prizes will not be awarded. Prize will be delivered to qualified winner who has returned all required documents within seven (7) days.
GENERAL RULES: All taxes and fees resulting from acceptance of prize are the responsibility of winner. By entering Sweepstakes, Entrant (or Entrant's parent/legal guardian if any Entrant is deemed a minor in the state/province or country of his/her residence) accepts and agrees to these Official Rules and the decisions of Sponsor, which shall be final in all matters. By accepting prize, winner (or winner's parent/legal guardian if any winner is deemed a minor in the state/province or country of his/her residence) agrees to hold Sponsor, its affiliates, directors, officers, employees and assigns harmless against any and all claims and liability arising out of use or redemption of prize. Sponsor makes no warranty, representation or guarantee of any kind, express or implied, in fact or in law relating to the Prize. Acceptance also constitutes permission to the Sponsor to use winner's name, likeness and biographical information for marketing and publicity purposes without further compensation or right of approval, unless prohibited by law. Nothing shall obligate Sponsor to so use or engage in any of the above. Sponsor is not responsible for lost or late mail, or for technical, hardware or software malfunctions, lost or unavailable network connections, or failed, incorrect, inaccurate, incomplete, garbled or delayed electronic communications whether caused by the sender or by any of the equipment or programming associated with or utilized in this Sweepstakes, or by any human error which may occur in the processing of the entries in this Sweepstakes. The Sponsor give no assurance and no promises that the Swagbucks.com website (or any of the services connected with the Sweepstakes) shall be free from errors or omission nor that they will be available uninterrupted and in a fully operating condition. If, in the Sponsor's opinion, there is any suspected evidence of tampering with any portion of the promotion, or if technical difficulties compromise the integrity of the promotion, the Sponsor reserves the right to modify or terminate the sweepstakes in a manner deemed reasonable by the Sponsor, at the Sponsor's sole discretion. In the event a dispute arises as to the identity of a potentially winning online entrant, entries made by internet will be declared made by the name on the online entry form. Potential winner may be required to show verifiable proof of identity. All federal and state laws apply.
SPECIAL RULES FOR UK & CANADA RESIDENTS:
a. For residents of Canada: If you are a potential winner you will be required to correctly answer, without assistance of any kind, whether mechanical or otherwise, a time-limited mathematical skill-testing question to be administered by either telephone or e-mail. If you answer the skill-testing question incorrectly, as determined by us in our sole discretion, you will be disqualified and, at our discretion, an alternate winner shall be chosen from among all remaining eligible entries.
b. For residents of the United Kingdom:
i. Provisions of the Contracts (Rights of Third Parties) Act 1999 shall not apply to this agreement.
ii. Any dispute arising in connection with this Sweepstakes may be heard in the courts in their place of residence (being either the courts of England and Wales, the courts of Scotland or the courts of Northern Ireland). This provision does not affect the Entrant's other statutory rights as a consumer. For further information about statutory rights contact your local authority Trading Standards Department or Citizens' Advice Bureau. This provision shall replace the second paragraph of section 8.
iii. For the avoidance of doubt, to the extent that English law applies, nothing in these rules shall limit or exclude either party's liability for fraud or for death or personal injury caused by its negligence, or any other liability to the extent that it cannot be excluded or limited by law.
DISPUTES; GOVERNING LAW: Except where prohibited, the entrant agrees that any and all disputes, claims and causes of actions arising out of or connected with the Sweepstakes or any prize shall be resolved on an individual basis without resort to any form of class action.
Any and all disputes, claims and causes of actions shall be resolved exclusively by the United States District Court for the Southern District of California, or the appropriate California State Court located in Los Angeles County, California. Any issues or questions of construction, interpretation, validity, or enforceability of these rules, or the rights and obligations of the entrant and/or Sponsor in connection with the Sweepstakes shall be governed by, construed and interpreted in accordance with the laws of the State of California, without giving effect to any choice of law or conflict of law rule which would cause the application of the laws of any jurisdiction other than the State of California.
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. Entrant (or Entrant's parent/legal guardian if any Entrant is deemed a minor in the state or country of his/her residence) hereby waives all rights to claim 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. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above may not apply to you.
WINNER'S LIST: For the name of the winner, available after June 25, 2013 send a self-addressed, stamped (#10) envelope to: Nintendo 3DS (Cosmo Black, Aqua Blue Or Flame Red) P.O Box 2748, Redondo Beach, CA 90278. Include on the lower left hand corner of the envelope the month of the Sweepstakes.
ODDS OF WINNING: The odds of winning will depend upon the number of eligible entries received.
SEVERABILITY: If any provision(s) of these Official Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.
SPONSOR: Prodege LLC, Redondo Beach, CA 90278