OFFICIAL RULES
BURP BRACKET SWEEPSTAKES
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE WILL NOT IMPROVE CHANCES OF WINNING. ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ELIGIBLE ENTRIES RECEIVED. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
SPONSOR
The Burp Bracket Sweepstakes (“Sweepstakes”) is conducted by Mythical Entertainment, P.O. Box 6578 Burbank, CA, 91510 (“Sponsor”).
ELIGIBILITY
This Sweepstakes is open only to individuals who are legal residents of the United States, Canada, excluding Quebec, and the United Kingdom, including without limitation, its territories (“Eligibility Area”) who are at least 18 years old, and shall be construed according to, and governed by, U.S. law. You may not participate in the Sweepstakes unless you meet these eligibility requirements and are a legal resident physically located in the United States, Canada excluding Quebec, and the United Kingdom, or its territories at the time of entry. Not open to employees, associates or contractors of Sponsor, affiliates or vendors of Sponsor or their immediate family members (spouse, parents, siblings and children). By participating, entrants fully and unconditionally agree to be bound by these Official Rules.
ENTRY PERIOD
The entry period for the Sweepstakes begins March 29, 2024 at 3:00am Pacific Daylight time (“PDT”) and ends on April 3, 2024 at 11:59pm PDT (the “Entry Period”).
TO ENTER
Eligible individuals may enter the Sweepstakes during the Entry Period as follows:
During the Entry Period, participate in the final round of Sponsor’s “Burp Bracket” by filling out the Google form located at https://sporked.com/article/sporked-burp-bracket-finals/, which requires individuals to submit their email and select between the two (2) final sodas. All participants in the final round who correctly fill out and submit the Google form will automatically be entered to win. This shall be referred to herein as a “Submission”.
LIMIT ONE (1) ENTRY PER PERSON PER HOUSEHOLD AND/OR WIRELESS PHONE NUMBER. NO AUTOMATED ENTRIES OR ENTRIES BY COMMERCIAL SWEEPSTAKES SUBSCRIPTION NOTIFICATION OR ENTERING SERVICE SITES. No other form of entry or participation is valid. Any attempt by any entrant to obtain more than one (1) entry by using multiple/different entry methods, mailing addresses, email addresses, identities, or any other methods may void that entrant’s entries and disqualify that entrant.
RANDOM DRAWING
On or about April 4, 2024, a random drawing will take place from all eligible entries received during the Entry Period. The potential winner will be notified using contact information provided or collected with their Submission and declared the official winners of the Sweepstakes.
One (1) prize will be awarded as follows:
PRIZES/ODDS:
One (1) One-Hundred USD ($100) Instacart Giftcard. Odds of winning depend on the number of eligible entries.
WINNER NOTIFICATION
The potential winner will be notified at the email address, postal address, and/or telephone number (as determined by Sponsor) provided at the time of entry (the “Prize Notification”). In the event that any potential winner does not respond to the Prize Notification within three (3) business days of the date of issuance, or if the Prize or Prize Notification is returned as unclaimed or undeliverable to a potential winner, a disqualification will result, the prize will be forfeited, and an alternate potential winner may be selected in the same manner. The potential winner must complete, sign and return within five (5) business days (i) a notarized Affidavit of Eligibility and Liability and (ii) a W-9 tax form including Social Security Number or Taxpayer Identification Number for tax reporting, or the potential winner will forfeit any claim to the Prize and Sponsor will contact an alternate potential winner in the same manner.
Sponsor shall make the winner list available on its sporked.com website following declaration of the official winner. Sponsor shall have no liability for any Prize Notification that is lost, intercepted or not received by a potential winner for any reason. If any potential winner is found to be ineligible, or if he or she has not complied with these Official Rules, or declines the Prize for any reason prior to award, such potential winner will be disqualified and an alternate potential winner may be selected.
PRIZE CONDITIONS
A prize will be awarded only if the potential winner fully complies with these Official Rules. The prize is non-assignable and nontransferable. All details and other restrictions of the Prize not specified in these Official Rules will be determined by Sponsor in its sole discretion. No cash alternative or substitution will be allowed, except Sponsor reserves the right in its sole discretion to substitute the Prize of comparable value if the Prize is unavailable, in whole or in part, for any reason. THE WINNER SHALL BE SOLELY RESPONSIBLE FOR ALL FEDERAL, STATE AND/OR LOCAL TAXES, AND THE REPORTING CONSEQUENCES THEREOF, AND FOR ANY OTHER FEES, COSTS OR EXPENSES (INCLUDING INSURANCE) ASSOCIATED WITH THE APPLICABLE PRIZE. Potential Winners may be required to execute an Affidavit of Eligibility, a Liability Release, and (where legal) a Publicity Release.
LIABILITY LIMITATIONS
By entering this Sweepstakes or accepting the Prize, entrant hereby releases, discharges and covenants not to sue Sponsor, and any of its affiliates, subsidiaries, predecessors, successors in interest, assigns, officers, directors, shareholders, employees and agents, past and present, in any and all capacities (collectively, “Released Parties”), in respect of any and all claims, damages, charges, injuries, losses, proceedings, suits, actions (including, but not limited to, tort actions, product liability actions, wrongful death actions, warranty actions, breach of contract actions, privacy and defamation actions, misappropriation of likeness actions, loss of consortium claims, etc.), expenses and attorney fees (“Claims”) that entrant or anyone on entrant’s behalf (including, but not limited to, entrant’s heirs, representatives or next of kin) have or might have for any death, injury, damage or claimed injury or damage, arising out of, involving or relating to entrant’s participation in the Sweepstakes, including, but not limited to, any claim that the act or omission complained of was caused in whole or in part by the strict liability or negligence in any form of the Released Parties (including use of the Prize). Entrant further agrees to indemnify, hold harmless and defend the Released Parties in any action or proceeding from and against all Claims, expenses and attorney fees, that entrant or anyone on entrant’s behalf (including, but not limited to, entrant’s heirs, representatives or next of kin) have or might have for any death, injury, damage or claimed injury or damage, arising out of, involving or relating to entrant’s participation in the Sweepstakes, use of the Prizes, or for entrant’s failure to comply with the terms hereof. This agreement to indemnify, hold harmless and defend applies even if the act or omission complained of was allegedly caused in whole or in part by the strict liability or negligence in any form of the Released Parties. Released Parties assume no responsibility for any damage to an entrant’s or any other person’s computer system or wireless phone which is occasioned by participating in the Sweepstakes, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature.
Without limiting the generality of the foregoing, Released Parties are not responsible for incomplete, illegible, misdirected, misprinted, late, lost, damaged, stolen, or postage-due submissions or prize notifications; or for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet service providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, difficulties or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Sweepstakes, to be acting in violation of these Official Rules, or to be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Sweepstakes, or to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. No mechanically reproduced, illegible, incomplete, forged, software-generated or other automated multiple entries will be accepted. Sponsor reserves the right to modify, extend, suspend or terminate the Sweepstakes if it determines, in its sole discretion, that the Sweepstakes is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other causes beyond Sponsor’s control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of the Sweepstakes as contemplated herein.
GENERAL LIABILITY RELEASE/FORCE MAJEURE
In the event Sponsor is prevented from awarding prizes or continuing with the Sweepstakes as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made epidemic or pandemic of health of other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis (e.g., SARS), order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), then Sponsor shall have the right to modify, suspend, or terminate the Sweepstakes. If the Sweepstakes is terminated before its designated end date, Sponsor will (if possible) select winners in a random drawing from all eligible, non-suspect entries received as of the date of the event giving rise to the termination. Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances. Only the type of prizes described in these Official Rules will be awarded. If, for any reason, more bona fide winners come forward seeking to claim prizes in excess of the number of each type of prize set forth in these Official Rules, the winners, or remaining winners, as the case may be, of the advertised number of prizes available in the prize category in question may be selected in a random drawing from among all persons making purportedly valid claims for such prize(s). Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances. These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with law by a duly authorized representative of Sponsor. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SPONSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT AND/OR THE APPROXIMATE VALUE OF ANY PRIZE.
Each entrant expressly waives California Civil Code § 1542, or any other statute of similar import or effect, that otherwise may exclude unknown claims from this release, as follows:
I acknowledge that I am familiar with the provisions of California Civil Code § 1542, which provides as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” I, being aware of said code section, hereby expressly waive any rights I may have thereunder, as well as any other statute or common law principles of similar effect.
GENERAL CONDITIONS
Sponsor is not responsible for incomplete, illegible, misdirected, late, lost, damaged, stolen, non-delivered or postage-due entries, however caused, and assumes no responsibility for any error, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction. Persons who tamper with or abuse any aspect of this Sweepstakes or otherwise attempt to undermine the legitimate operation of the Sweepstakes or annoy, abuse, threaten or harass any other entrants, Sponsor or the Released Parties, as solely determined by the Sponsor, may be disqualified. Sponsor reserves the right in its sole discretion to cancel, suspend, or modify this Sweepstakes, in its entirety or in part, for any reason, including if tampering, unauthorized intervention, fraud, technical failures, or other causes corrupt the administration, security, fairness, integrity or proper play of the Sweepstakes, or any part of it. Entries by any method other than those set forth above are void. Limit one (1) entry per person per household and/or wireless phone number, regardless of the method of entry. Proof of entry, regardless of method of entry, is not considered proof of delivery to or receipt by Sponsor of an entry for this Sweepstakes. In the event a dispute regarding the identity of the individual who actually submitted an entry cannot be resolved to Sponsor’s satisfaction, the affected entry will be deemed ineligible.
COMMUNICATIONS AND PRIVACY
Entry into this Sweepstakes constitutes consent to receive email, phone calls and other communications from Sponsor about this Sweepstakes, and to inclusion of winners name in a winner’s list. Where lawful, Sponsor may use city of residence, likeness, biographical information, voice and statements attributed to winner (if true), for publication, advertising and promotional purposes, without further consideration. In addition, entrants agree to receive email communications from Sponsor about its business, products and services. Entrants may opt-out of future promotional emails by following the instructions in each email. Any personal information collected in connection with this Sweepstakes will be used in accordance with Sponsor’s Privacy Policy at https://sporked.com/privacy-policy/.The terms of service for Sponsor’s website at mythical.com can be found at https://sporked.com/terms-conditions/.
By sending or transmitting to MYTHICAL any Submission, participant hereby grants to MYTHICAL and its designees a worldwide, non-exclusive, sublicensable, assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute, modify, create derivative works of, publicly perform, publicly display, digitally perform, sell, offer for sale and import such Submission in any media now known or hereafter devised, for any purpose whatsoever, commercial or otherwise, without compensation to participant. The foregoing license to MYTHICAL shall be fully paid-up and royalty free. Participant represents and warrants that any person or entity named or pictured in such Submission has provided any necessary licenses, rights or authorizations to allow MYTHICAL’s use of such Submission in accordance with such license. None of the Submission disclosed or posted via message boards, chats or other public forums shall be subject to any obligation, whether of confidentiality, attribution or otherwise
GOVERNING LAW/JURISDICTION
ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES OR THERIGHTS AND OBLIGATIONS OF ENTRANTS OR SPONSOR IN CONNECTION WITH THE 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 OF CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY.
ARBITRATION PROVISION
By participating in this Sweepstakes, each entrant agrees that any and all disputes the entrant may have with, or claims entrant may have against, Sponsor relating to, arising out of or connected in any way with (i) the Sweepstakes, (ii) the awarding or redemption of the Prize, and/or (iii) the determination of the scope or applicability of this agreement to arbitrate, will be resolved individually and exclusively by final and binding arbitration administered by JAMS (the “Forum”) and conducted before a sole arbitrator pursuant to JAMS Streamlined Arbitration Rules. The arbitration shall be held in Los Angeles County, California. The arbitrator’s decision shall be controlled by the terms and conditions of these Official Rules and any of the other agreements referenced herein that the applicable participant may have entered into in connection with the Sweepstakes. There shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only the participant’s and/or Sponsor’s individual claims and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. The arbitrator shall not have the power to award punitive damages against the participant or Sponsor. If any part of this Arbitration Provision is deemed to be invalid or otherwise unenforceable or illegal, the balance of this Arbitration Provision shall remain in effect and shall be construed in accordance with its terms as if the invalid or illegal provision were not contained herein.
COPIES OF OFFICIAL RULES AND WINNERS’ LIST: For a copy of these Official Rules or the winners’ list, send a self-addressed stamped envelope with your request to Sponsor at Mythical Entertainment, P.O. Box 6578 Burbank, CA, 91510 before April 30, 2024.
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