Official Sweepstakes Rules
NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN.
A PURCHASE OR PAYMENT WILL NOT IMPROVE YOUR ODDS OF WINNING.
Effective Date: These Official Sweepstakes Rules (the "Rules") apply to all sweepstakes (each, a "Sweepstakes") launched on the Site on or after May 30, 2024. These Rules constitute a legally binding contract between you and Propeller regarding any Sweepstakes on our Site. By entering any Sweepstakes, you ("you" or "User") are accepting and agreeing to these Rules, and you represent and warrant that you have the right, authority, and capacity to agree to these Rules. You may not enter into any Sweepstakes if you do not agree to be bound by these Rules.
1. SITE; SWEEPSTAKES. Propeller Enterprises ("Propeller") is a California benefit corporation that provides a technology platform offered through Propeller's website (propeller.la) (the "Site"). The Site allows eligible organizations to reach and engage with current and potential supporters. As part of the operation of its Site, Propeller sponsors certain Sweepstakes, which eligible organizations may associate themselves with. Users may gain entries to Sweepstakes by engaging directly with eligible organizations through the Site.
2. APPLICABILITY OF RULES. Each Sweepstakes is hosted on a separate landing page (a "Sweepstakes Page") and shall be subject to any additional Sweepstakes-specific rules as set forth on the applicable Sweepstakes Page ("Sweepstakes-Specific Rules").
3. METHODS OF ENTRY.
a. A User may gain entries for any Sweepstakes by any of the following methods:
i. Take any action on the Sweepstakes Page.
ii. Redeem points earned on the Site. The number of entries gained for point redemption will be specified on the applicable Sweepstakes Page. Points may be earned on the Site by taking any actions stated on the Site, including a Sweepstakes Page, which may include, for example only, making a donation, watching a video, sharing content on social media, joining a newsletter, etc. (each, an "Action"). For each Action you successfully complete, you will receive the number of points indicated in connection with the Action. You may not complete a particular Action more than once for additional points, unless the Action expressly indicates otherwise. Points earned on the Site are not specific to any Sweepstakes; e.g., you may earn points in connection with an Action that appears in connection with a particular Sweepstakes (or no Sweepstakes) but redeem those same points for entries into any other Sweepstakes hosted on the Site. Notwithstanding anything to the contrary herein, points are fungible, have no cash, monetary, or other value, and are only redeemable for entries into Sweepstakes or other prizes as may be offered on the Site from time to time, subject to these Rules and any applicable Sweepstakes-Specific Rules. Propeller may discontinue the offering of Sweepstakes as well as the ability to redeem points for entries on any Sweepstakes Page at any time in its sole and absolute discretion. Propeller may also change the number of points earned by any Action or the number of points required to enter a Sweepstakes at any time in its sole discretion.
iii. Alternate Method of Entry. Complete the "Alternate Method of Entry" action online and follow the instructions to enter any Sweepstakes. You will receive 250 entries per email sent. Any entries received after the end date and time of a Sweepstakes will not be counted.
b. Unless otherwise stated in the applicable Sweepstakes-Specific Rules, each User is limited to ten thousand (10,000) entries per Sweepstakes (as applicable, the "Limit"). If a User submits entries to a Sweepstakes in excess of the applicable Limit, all of such User's excess entries to that Sweepstakes will be void, regardless of the method(s) of entry.
c. Any of the following will void all entries from a User and may result in such User's disqualification from all Sweepstakes and/or suspension or termination of a User's account:
i. Use of any robotic, mechanical, automatic, programmed, or similar entry method, including without limitation submission of any copy, facsimile, or other reproduction;
ii. Entering more than the number of times permitted, including without limitation by using multiple email addresses, identities, or devices in an attempt to circumvent the Rules;
iii. Inaccurate, incomplete, or untimely entries, or entries that do not comply with these Rules;
iv. Tampering with or undermining the Sweepstakes or the entry process by cheating, deception, or any other unfair practices;
v. Any violation of the Rules or Propeller's Terms of Service.
4. ELIGIBILITY. Sweepstakes are open only to persons who are at least the age of majority in their jurisdiction of residence (typically 18 years of age) at the time of entry and who are residents of the United States or Canada, unless otherwise stated in any applicable Sweepstakes-Specific Rules. Certain Sweepstakes may have additional age restrictions, such as requiring you to be 21 years of age to attend certain events or receive certain items that are offered as a prize. Please refer to additional details on the applicable Sweepstakes Page before entering a Sweepstakes. Prizes will not be awarded to ineligible entrants. Additionally, if the potential winner is a Canadian resident, she or he must correctly answer a mathematical skill-testing question to be eligible to be confirmed the winner. Employees of Propeller and any organization that chooses to publicly associate itself with a Sweepstakes, and any of their respective owners, affiliates, directors, subsidiaries, or franchisees, and their respective immediate family members, are not eligible to participate in any Sweepstakes. All federal, state, and local laws and regulations apply. Void where prohibited.
Multiple Participants may not share the same email address. In the event of a dispute as to the identity of any Participant, the authorized account holder of the email address used to enter will be deemed to be the Participant. The "authorized account holder" is the natural person assigned an email address by an internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Potential Winners and/or Winners (as defined below) may be required to show proof of being the authorized account holder.
5. SWEEPSTAKES PERIODS. Unless otherwise stated, a Sweepstakes shall commence at 12:00:01 A.M. Pacific Time ("PT") and end at 11:59:59 P.M. PT on the days specified on the applicable Sweepstakes Page (each a "Sweepstakes Period"). Propeller is the official timekeeper for all Sweepstakes.
6. PRIZES, APPROXIMATE RETAIL VALUE (ARV), AND ODDS OF WINNING.
a. One or more prizes, as described on the applicable Sweepstakes Page, will be awarded after the final day of the Sweepstakes Period of each Sweepstakes. Unless otherwise expressly indicated on the applicable Sweepstakes Page, no Sweepstakes is affiliated with or sponsored, endorsed, or approved by any manufacturer or provider of the prize for such Sweepstakes.
b. The ARV for each prize is listed on the applicable Sweepstakes Page.
c. The odds of winning any Prize will depend on the number of entries received for a Sweepstakes. Each entry shall be equally weighted. Neither Propeller nor any organization that has associated itself with a Sweepstakes makes any warranties concerning any prize.
7. RANDOM SWEEPSTAKES DRAWINGS. At the end of each Sweepstakes Period, Propeller shall randomly draw one (1) potential winner (a "Potential Winner") from all eligible entries for each prize in a Sweepstakes. The Potential Winner will be awarded the applicable prize pending the Potential Winner's confirmation and/or verification of the Potential Winner's eligibility and compliance with these Rules and any Sweepstakes-Specific Rules. Propeller shall use a computer-generated method of selection that is designed to ensure that each drawing is conducted completely at random.
8. AWARD OF PRIZE.
a. Potential Winners will be notified via telephone and/or e-mail within ten (10) business days of the close of the Sweepstakes Period ("Prize Notification"). To claim a prize, a Potential Winner must reply to Propeller within the time indicated in the Prize Notification, or Propeller may select an alternate Potential Winner at random from the remaining Sweepstakes entries.
b. Before awarding a prize, Propeller may require a Potential Winner to furnish proof of identification and other proof of eligibility under these Rules and any applicable Sweepstakes-Specific Rules. A Potential Winner will also be required to execute and deliver a tax acknowledgement form and an Affidavit of Eligibility and Publicity Release, pursuant to which a Potential Winner will grant Propeller and its assignees certain rights to use the Potential Winner's name, likeness, photographs, biographical information, and other publicity rights as specified therein. If a Potential Winner's jurisdiction of residence prohibits the conditioning of participation in a Sweepstakes on consent and release regarding publicity, such Potential User must object to Propeller in writing during the Verification Period, in which case a Publicity Release will not be required as a condition of being awarded the prize. Proof of identification may include satisfactory proof that the Potential Winner is the authorized account holder of the email account associated with the winning entry. If multiple persons claim to be a Potential Winner, and a single authorized account holder is unable to be timely verified, the prize will be forfeited, and Propeller may select an alternate Potential Winner at random from the remaining Sweepstakes entries.
c. Except if a Potential Winner's jurisdiction of residence prohibits the conditioning of participation on Potential Winner's submission to a background check, Propeller reserves the right to conduct a background check on Potential Winner as a condition of awarding any prize.
d. Except where prohibited by law, regardless of whether a background check is performed, Propeller reserves the right to disqualify a Potential Winner from a Sweepstakes if Propeller determines in its sole discretion that Potential Winner's receipt of a prize or publicity in connection with the Sweepstakes could reflect negatively on, or harm the business or reputation of, Propeller or any of its organization clients. You agree to reasonably cooperate with Propeller in connection with any such background check.
e. A Potential Winner must execute and return all documents within ten (10) business days from the date they are sent, or the prize may be forfeited (the "Verification Period"), and Propeller may select an alternate Potential Winner at random from the remaining Sweepstakes entries.
f. If a Potential Winner is found to be ineligible or not in compliance with these Rules or any Sweepstakes-Specific Rules, declines to accept the prize, is unable to be reached by Propeller or does not timely respond to Propeller, or in the event that a prize or Prize Notification is returned undeliverable, the Potential Winner will forfeit the prize, and Propeller may, in its sole discretion, select an alternate Potential Winner at random from the remaining Sweepstakes entries. Notwithstanding anything to the contrary in these Rules, Propeller may abandon or limit any efforts to award a prize to an alternate Potential Winner, in Propeller's sole discretion, in which case the applicable prize will remain un-awarded.
g. Allow at least 8-12 weeks (or in some cases longer, if specified on the applicable Sweepstakes Page) for delivery of any physical prizes, which will be mailed to the address provided by the Potential Winner after Prize Notification.
h. The right to receive a prize is non-assignable, non-transferable, and no prize substitution, exchange, or cash equivalent will be allowed. Notwithstanding the foregoing, Propeller reserves the right to substitute a prize of equal or greater value in its sole discretion.
i. Federal, state and local taxes, if any, are your sole responsibility. All winners of prizes valued at $600 or more will be issued an IRS Form 1099.
j. If a Prize includes travel, all decisions regarding the itinerary will be made by Propeller at its sole discretion. All expenses not specified on the applicable Sweepstakes Page, including, but not limited to, baggage fees, ground transportation & fuel, meals, beverages, gratuities, incidentals, and taxes, are the sole responsibility of the winner. The winner and any travel companions are solely responsible for satisfying all legally required conditions of travel. The winner and any travel companions must travel on the same itinerary and from the same departure location. If the winner lives within a 150-mile radius of the location where the prize is to take place, Propeller reserves the right to provide ground transportation instead of airfare (if airfare is offered as part of the applicable prize).
k. Any unused portions of a prize are not transferable or exchangeable and cannot be redeemed as cash.
9. PRIVACY AND DATA COLLECTION. When you enter a Sweepstakes, Propeller will collect certain information from you. Please review Propeller's privacy policy here. By participating in a Sweepstakes, you agree to all of the terms and conditions of Propeller's privacy policy.
10. LIMITATION OF LIABILITY. By entering any Sweepstakes, you waive all right to, and hold the Released Parties harmless from, any claim, liability, loss, damage (including punitive, incidental, and consequential damages), or expense (including attorneys' fees) arising out of or in connection with participation in the Sweepstakes or the acceptance, use, or misuse of any prize. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. None of Propeller or any organization that is associated with a Sweepstakes, or any of their respective owners, affiliates, directors, subsidiaries, and franchisees, and any other persons or organizations responsible for sponsoring, fulfilling, administering, or advertising a Sweepstakes or prize (collectively, the "Released Parties"), shall be responsible for, and hereby disclaim any and all liability for: illegible, lost, late, incomplete, misdirected, or undeliverable mail or email; any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections, or availability; garbled, corrupt or jumbled transmissions; service provider/Internet/web site/use net accessibility, availability, or traffic congestion; any technical, typographical, or other error; unauthorized human intervention; the incorrect or inaccurate capture of registration information; or the failure to capture, or loss of, any such information. If, for any reason an entry is confirmed to have been erroneously deleted, lost, corrupted or otherwise destroyed, or for any other reason not accepted as an entry into a particular Sweepstakes, your sole remedy is to receive another entry into a different Sweepstakes. If, for technical reasons or due to any other fact or circumstance beyond Propeller's reasonable control, any Sweepstakes is not capable of running as planned, Propeller reserves the right, at its sole discretion, to cancel, terminate, modify or suspend the Sweepstakes and to credit participants of any cancelled Sweepstakes with any points previously redeemed by them for entries into such cancelled Sweepstakes.
11. BINDING NATURE, WAIVER, INDEMNIFICATION. By entering a Sweepstakes, you agree: (a) to be bound by these Rules and by all applicable laws and by all decisions of Propeller, which shall be binding and final; (b) to waive any rights to claim ambiguity with respect to these Rules; (c) to waive all of your rights to bring any claim, action, or proceeding against any of the Released Parties in connection with the Sweepstakes; and (d) to forever and irrevocably agree to release, defend, indemnify, and hold harmless each of the Released Parties from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability costs and expenses (including, without limitation, reasonable outside attorneys' fees) that may arise in connection with: (i) the Sweepstakes, (ii) typographical or printing errors in these Rules, any Sweepstakes-Specific Rules, or any other Sweepstakes materials, (iii) any change in any prize (or any components thereof) due to unavailability, or due to reasons beyond Propeller's control, (iv) any interruptions in or postponement, cancellation, or modification of any Sweepstakes, (v) human error, (vi) incorrect or inaccurate transcription, receipt or transmission of any entry, (vii) any technical malfunctions or unavailability of any telephone network, computer system, computer online system, computer timing and/or dating mechanism, computer equipment, software, or Internet service provider, or mail service utilized by any of the Released Parties or by you, (viii) interruption or inability to access any online service via the Internet due to hardware or software compatibility problems, (ix) any lost/delayed data transmissions, omissions, interruptions, defects, and/or any other errors or malfunctions, (x) any late, lost, stolen, mutilated, misdirected, illegible, delayed, garbled, corrupted, destroyed, incomplete, undeliverable or damaged entries, (xi) any wrongful, negligent, or unauthorized act or omission on the part of any of the Released Parties, (xii) lost, late, stolen, misdirected, damaged or destroyed prizes (or any element thereof), or (xiii) negligence or willful misconduct by you.
12. DISPUTE RESOLUTION. YOU AGREE THAT: (1) ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR IN CONNECTION WITH THESE RULES, ANY SWEEPSTAKES, OR ANY PRIZES AWARDED OR NOT AWARDED (COLLECTIVELY, "DISPUTES"), SHALL BE RESOLVED EXCLUSIVELY ON AN INDIVIDUAL BASIS, WITHOUT RESORTING TO ANY FORM OF CLASS ACTION, PURSUANT TO BINDING CONFIDENTIAL ARBITRATION CONDUCTED UNDER THE ARBITRATION RULES OF ADR SERVICES, INC. ("ADR") THEN IN EFFECT, TO TAKE PLACE IN LOS ANGELES, CALIFORNIA BEFORE A SINGLE NEUTRAL ARBITRATOR WORKING UNDER THE AUSPICES OF ADR; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED, INCLUDING COSTS ASSOCIATED WITH ENTERING ANY SWEEPSTAKES, BUT IN NO EVENT ATTORNEYS' FEES; AND (3) UNDER NO CIRCUMSTANCES WILL YOU BE PERMITTED TO OBTAIN AWARDS FOR, AND YOU HEREBY WAIVE 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. THE PARTIES AND THE ARBITRATOR SHALL MAINTAIN THE CONFIDENTIAL NATURE OF THE ARBITRATION PROCEEDINGS AND RESOLUTION THEREOF, EXCEPT AS MAY BE NECESSARY TO PREPARE FOR OR CONDUCT THE ARBITRATION PROCEEDINGS, AND EXCEPT IN CONNECTION WITH A COURT APPLICATION FOR A PRELIMINARY REMEDY, A JUDICIAL CHALLENGE TO AN ARBITRATION AWARD OR ITS ENFORCEMENT, OR UNLESS OTHERWISE REQUIRED BY LAW OR JUDICIAL DECISION. ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE RULES, OR THE RIGHTS AND OBLIGATIONS OF ANY OF THE PARTIES IN CONNECTION WITH A SWEEPSTAKES, SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OR CONFLICT OF LAW, RULES OR PROVISIONS (WHETHER OF THE STATE OF CALIFORNIA OR ANY OTHER JURISDICTION) THAT WOULD CAUSE THE APPLICATION OF THE LAWS OF ANY JURISDICTION OTHER THAN THE STATE OF CALIFORNIA. NOTWITHSTANDING ANY OF THE FOREGOING TO THE CONTRARY, IF A CLASS OR OTHER REPRESENTATIVE ACTION IS PERMITTED, NEITHER PARTY SHALL BE ENTITLED TO ARBITRATION UNDER THIS SECTION. IF ARBITRATION IS UNAVAILABLE OR UNENFORCEABLE FOR ANY REASON, EACH OF THE PARTIES HEREBY IRREVOCABLY AND UNCONDITIONALLY SUBMITS TO THE EXCLUSIVE JURISDICTION OF THE STATE AND FEDERAL COURTS LOCATED IN LOS ANGELES COUNTY, CALIFORNIA, AS WELL AS TO THE JURISDICTION OF ALL COURTS FROM WHICH AN APPEAL MAY BE TAKEN THEREFROM, FOR ALL DISPUTES. ANY AND ALL OBJECTIONS THAT ANY PARTY MAY HAVE REGARDING VENUE IN ANY SUCH COURT IS HEREBY WAIVED.
13. GENERAL. By accessing, downloading, or using the Site, you are agreeing to be bound by Propeller's Terms of Service. If there is any conflict between the Terms of Service and these Rules, these Rules and any Sweepstakes-Specific Rules shall take precedence, but only in relation to a Sweepstakes. In the event any Sweepstakes are promoted or advertised on Facebook.com, you agree that such Sweepstakes are not sponsored, endorsed or administered by, or associated with, Facebook® and any information you provide is provided to Propeller and any other organization associated with a Sweepstakes, and not to Facebook®. Facebook is completely released of all liability by you in connection with any Sweepstakes. Any questions, comments or complaints regarding any Sweepstakes must be directed to the Propeller and not Facebook. Facebook® is a registered trademark of Facebook, Inc. All rights reserved.
14. WINNERS' LISTS. For a list of prize winners for a particular Sweepstakes, write your name and address on a 3"x 5" card and mail it in an envelope to: Propeller Enterprises, PO Box 160491, Nashville, TN 37216. Please specify the name of the Sweepstakes. Requests for a copy of the winners' list for a specific Sweepstakes will only be accepted after the applicable Sweepstakes Period, and requests must be received no later than thirty days after such date. Propeller shall respond to complete and timely requests for winners' lists as soon as reasonably practicable following finalization of all winners for a particular Sweepstakes.
[end of Official Rules]
Updated June 5, 2024
