ABOUND CRICKET SWEEPSTAKES OFFICIAL RULES
These rules (the “Official Rules”) govern participation in the Abound Cricket Sweepstakes. By participating, you acknowledge that you have read, understood, and agree to these Official Rules.
1. ELIGIBILITY: The Abound Cricket Sweepstakes (“Sweepstakes”) is open only to individuals who are legal residents of and physically located in one (1) of the fifty (50) United States or the District of Columbia (collectively, the “Eligibility Area”) who are at least eighteen (18) years old at the time of entry. Employees, directors and officers of Abound Inc. (“Sponsor”) or each of its parents, affiliates, subsidiaries, advertising and promotion agencies, distributors, co-promotion partners and any other prize suppliers (collectively, “Sweepstakes Entities”), and such employees’ directors’, and officers’ immediate family members and/or those living in the same household (whether legally related or not) are not eligible to enter into or win. For purposes of this Sweepstakes, immediate family members are defined as spouse, domestic partner, parents, legal guardians, in-laws, grandparents, siblings, children, grandchildren, and any “steps” of each. All applicable federal, state, and local rules apply. Void where prohibited or restricted by law.
THESE SWEEPSTAKES ARE NOT AFFILIATED IN ANY WAY WITH MAJOR LEAGUE CRICKET © OR AMERICAN CRICKET ENTERPRISES INC.
By entering or otherwise participating in the Sweepstakes, you agree to comply with and abide by these Official Rules, which are a contract, so read them carefully. WITHOUT LIMITATION, THIS CONTRACT INCLUDES GRANTS OF RIGHTS AND INDEMNITIES TO THE SWEEPSTAKES ENTITIES AND OTHERS FROM YOU, MANDATORY ARBITRATION OF DISPUTES, AND A LIMITATION OF YOUR RIGHTS AND REMEDIES. Decisions of Sponsor, including the interpretation of these Official Rules and its exercise of discretion, will be final and binding in all respects.
2. HOW TO ENTER: NO PURCHASE NECESSARY. To enter the Sweepstakes, user must be a registered user of the Abound app and click to claim the MLC offer from within the app. Unless otherwise determined by Sponsor in Sponsor’s sole discretion, the Sweepstakes will be open for entry from 04 July 2023 at 00:00 ET until 25 July 2023 23:59 ET. If you opt to use your wireless mobile device in connection with the Sweepstakes, depending on your phone's capabilities, standard text messaging rates or data charges may apply according to the terms and conditions of your service agreement with your wireless carrier. Other charges may apply (such as normal airtime and carrier charges) and may appear on your mobile phone bill or be deducted from your prepaid account balance. Wireless carriers' rate plans may vary, and you should contact your wireless carrier for more information on messaging rate plans and charges relating to your participation in the Sweepstakes.
3. RANDOM DRAWING / PRIZES / ODDS OF WINNING: On or about 11 July 2023 onwards, a random drawing will be conducted by Abound in its sole discretion via a random name generator from among all eligible entries received to award 2 Sweepstakes Prize winners per MLC match from participants in the Eligibility Area, each of whom will receive two VIP tickets to a single Major League Cricket © tournament match in Dallas, Texas or Morrisville, NC occurring between 13-30 July 2023. The date of the tickets will be determined in the sole discretion of the Sponsor. Travel and other expenses not included. Odds of winning will be determined by the number of eligible entries received.
4. WINNER TERMS: THE WINNER WILL BE NOTIFIED BY EMAIL AND WILL HAVE EXACTLY TWENTY-FOUR (24) HOURS TO RESPOND WITH THE INFORMATION REQUIRED TO CLAIM THE PRIZE; IF ABOUND DOES NOT RECEIVE A FULL RESPONSE WITHIN THAT TIME FRAME, THE WINNER WILL FOREVER AND IRREVOCABLY FORFEIT THE PRIZE. 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 the Official Rules, the winners, or remaining winners, as the case may be, of the advertised number of prizes available may be selected in a random drawing from among all persons making purportedly valid claims for such prize. Inclusion in such drawing shall be each entrant's sole and exclusive remedy under such circumstances. The Released Parties (as defined below) are not responsible for and shall not be liable for late, lost, damaged, intercepted, misdirected, or unsuccessful efforts to notify the potential winner.
All prize(s) are awarded “AS IS” and without warranty of any kind, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose). Prize winner(s) will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the prize(s) they receive, regardless of whether they, in whole or in part, are used. The ARV of the prize(s), approximately $750 USD, is based on available information provided to Sponsor and the value of any prize awarded to a winner may be reported for tax purposes as required by law. Unclaimed prize(s) will be forfeited. Sponsor is not responsible for and will not replace any lost, mutilated or stolen prize(s). If the winner does not accept or use the entire prize, the unaccepted or unused part of the prize will be forfeited and Sponsor will have no further obligation with respect to that prize or portion of the prize.
5. PUBLICITY RELEASE: Subject to applicable law, each winner irrevocably grants the Sweepstakes Entities and each of their licensees, and their successors, assigns and sub-licensees the right and permission to use his/her name, city and state, voice, likeness and/or biographical material for advertising, promotional and/or publicity purposes in connection with the Sweepstakes, in all forms of media and by all manners (now and hereafter known), and on and in connection with related products, services, advertising and promotional materials (now known or hereafter developed), worldwide, in perpetuity, without any obligation, notice or consideration except for the awarding of the prize to the winner. Entrants agree not to issue any publicity concerning the Sweepstakes Entities.
6. TAMPERING WITH SWEEPSTAKES: The Released Parties (as defined in Section 8 below) are not responsible for the actions of entrants in connection with the Sweepstakes, including entrants' attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Sweepstakes. Persons found tampering with or abusing any aspect of a Sweepstakes, or whom Sponsor believes to be causing malfunction, error, disruption or damage may be disqualified. Additionally, any attempt to cheat the Sweepstakes, as determined at the sole and absolute discretion of Sponsor, may result in immediate disqualification of the entrant, as well as other possible consequences, including disqualification from any and all existing and future sweepstakes. ANY ATTEMPT BY A PERSON TO DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK ALL LEGAL AND EQUITABLE REMEDIES FROM AND AGAINST ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor reserves the right, at its sole and absolute discretion, to disqualify (or terminate the prize of) any individual who is found to be, or suspected of, acting in violation of these Official Rules, or to be acting in an unsportsmanlike, obscene, immoral, or disruptive manner, or with the intent to annoy, abuse, threaten, or harass any other person. Sponsor further reserves the right to: (i) terminate or declare the Sweepstakes null and void and rescind any prize, if in its sole judgment, the rules or the integrity of the Sweepstakes have been violated or compromised in any way, intentionally or unintentionally by any person whether or not a participant in the Sweepstakes.
7. SUSPENSION / MODIFICATION / TERMINATION: In the event Sponsor is prevented from continuing with the Sweepstakes by any event beyond its control, including, but not limited to, fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, communications or equipment failure, utility or service interruptions, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared), interference with the Sweepstakes by any party, or any federal state or local government law, order, or regulation, order of any court or jurisdiction, or other cause not reasonably within Sponsor's control (each a "Force Majeure" event or occurrence) Sponsor shall have the right to modify, suspend or terminate the Sweepstakes or prize(s). Sponsor additionally reserves the right, in its sole and absolute discretion to modify, suspend or terminate the Sweepstakes should causes beyond Sponsor's control corrupt or interfere with the administration, integrity, operation, security or proper play of that Sweepstakes.
8. WAIVERS, DISCLAIMERS AND RELEASES: BY PARTICIPATING IN THE SWEEPSTAKES, ENTRANTS AGREE TO RELEASE, DISCHARGE AND HOLD HARMLESS THE SWEEPSTAKES ENTITIES, TOGETHER WITH THEIR RESPECTIVE PARENTS, SUBSIDIARIES, AFFILIATES, ADVERTISING AND PROMOTION AGENCIES, PRIZE SUPPLIERS, AND ADVERTISING PARTNERS, AND THE RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AND AGENTS OF EACH (AFOREMENTIONED INDIVIDUALS AND ORGANIZATIONS COLLECTIVELY, THE "RELEASED PARTIES") FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITY, COSTS, LOSSES, DAMAGES OR INJURIES OF ANY KIND ARISING OUT OF OR RELATED TO ENTRANTS' PARTICIPATION IN A SWEEPSTAKES AND/OR RELATED TO ANY PRIZE (INCLUDING, WITHOUT LIMITATION, LOSSES, DAMAGES OR INJURIES TO ENTRANT'S OR ANY OTHER PERSON'S EQUIPMENT OR OTHER PROPERTY, OR TO THEIR PERSONS, RELATED TO PARTICIPATION IN A SWEEPSTAKES; OR ARISING OUT OF ANY VIOLATION OF RIGHTS OF PUBLICITY OR PRIVACY, OR CLAIMS OF DEFAMATION OR PORTRAYAL IN A FALSE LIGHT; OR BASED ON ANY CLAIM OF INFRINGEMENT OF INTELLECTUAL PROPERTY; OR FROM ANY TYPOGRAPHICAL, HUMAN OR OTHER ERROR IN THE PRINTING, OFFERING, SELECTION, OPERATION OR ANNOUNCEMENT OF ANY SWEEPSTAKES ACTIVITY AND/OR PRIZE). WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ENTRANTS AGREE THAT RELEASED PARTIES: (A) HAVE NEITHER MADE NOR WILL BE IN ANY MANNER RESPONSIBLE OR LIABLE FOR ANY WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, IN CONNECTION WITH THE SWEEPSTAKES AND/OR WITH RESPECT TO PRIZES, INCLUDING, WITHOUT LIMITATION, TO ANY PRIZE'S QUALITY OR FITNESS FOR A PARTICULAR PURPOSE; (B) MAINTAIN NO CONTROL OVER THE PERSONNEL, EQUIPMENT OR OPERATION OF ANY ORGANIZER, MANUFACTURER, OR OTHER PERSON OR ENTITY FURNISHING SERVICES, PRODUCTS OR ACCOMMODATIONS ("SUPPLIERS") AS A PART OF THE PRIZES PROVIDED IN CONNECTION WITH THE SWEEPSTAKES; AND (C) WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY INJURY, DAMAGE, LOSS, EXPENSE, ACCIDENT, DELAY, INCONVENIENCE OR OTHER IRREGULARITY THAT MAY BE CAUSED OR CONTRIBUTED TO: (1) BY THE WRONGFUL, NEGLIGENT OR UNAUTHORIZED ACT OR OMISSION ON THE PART OF THE SUPPLIERS OR ANY OF THEIR AGENTS, SERVANTS, EMPLOYEES OR INDEPENDENT CONTRACTORS, (2) BY ANY DEFECT IN OR FAILURE OF ANY VEHICLE, EQUIPMENT, INSTRUMENTALITY, SERVICE OR PRODUCT THAT IS OWNED, OPERATED, FURNISHED OR OTHERWISE USED BY ANY OF THOSE SUPPLIERS, (3) BY THE WRONGFUL, NEGLIGENT OR UNAUTHORIZED ACT OR OMISSION ON THE PART OF ANY OTHER PERSON OR ENTITY NOT AN EMPLOYEE OF THE RELEASED PARTIES, AND (4) BY ANY CAUSE, CONDITION OR EVENT WHATSOEVER BEYOND THE CONTROL OF THE RELEASED PARTIES. ENTRANTS AGREE THAT THE RELEASED PARTIES SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR: (I) DISCONTINUED PRIZES; (II) HUMAN ERROR; (III) INCORRECT OR INACCURATE TRANSCRIPTION OF REGISTRATION AND/OR ACCOUNT INFORMATION; (IV) ANY TECHNICAL MALFUNCTIONS OF THE TELEPHONE NETWORK, COMPUTER ONLINE SYSTEM, COMPUTER DATING MECHANISM, COMPUTER EQUIPMENT, SOFTWARE, OR INTERNET SERVICE PROVIDER UTILIZED BY SPONSOR; (V) INTERRUPTION OR INABILITY TO ACCESS ANY WEBSITE, OR SPONSOR OR AFFILIATED ENTITIES' RESPECTIVE WEBSITES, OR ANY ONLINE SERVICE VIA THE INTERNET DUE TO HARDWARE OR SOFTWARE COMPATIBILITY PROBLEMS; (VI) CHANGES TO SOCIAL MEDIA PLATFORM POLICIES AND PROCEDURES THAT MAY INTERFERE WITH THE OPERATION OF THE SWEEPSTAKES; (VII) CONTENT FILTERING OR ANY MALFUNCTION/ERROR/FAILURE WHICH MAY IMPACT THE ACCESSIBILITY OF ENTRIES OR THE TRANSMISSION OR RECEIPT OF WINNER VERIFICATION NOTICES (OR OTHER COMMUNICATIONS WITH WINNERS); (VIII) CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION AND/OR INVASION OF PRIVACY AND THE COLLECTION, USE AND/OR SHARING BY SPONSOR OF PERSONALLY IDENTIFIABLE INFORMATION OF THE PARTICIPANTS; (IX) ANY DAMAGE TO ENTRANT'S (OR ANY THIRD PERSON'S) COMPUTER AND/OR ITS CONTENTS RELATED TO OR RESULTING FROM ANY PART OF THE SWEEPSTAKES; AND/OR (X) ANY LOST/DELAYED DATA TRANSMISSIONS, OMISSIONS, INTERRUPTIONS, VIRUSES, BUGS, DEFECTS; AND/OR ANY OTHER ERRORS OR MALFUNCTIONS, EVEN IF CAUSED BY THE NEGLIGENCE OF THE RELEASED PARTIES. EACH ENTRANT FURTHER AGREES TO INDEMNIFY AND HOLD HARMLESS RELEASED PARTIES FROM AND AGAINST ANY AND ALL LIABILITY DUE TO OR ARISING OUT OF HIS/HER ENTRY, OR HIS/HER CONDUCT IN CREATING AN ENTRY OR OTHERWISE IN CONNECTION WITH HIS/HER PARTICIPATION IN FROM THE SWEEPSTAKES, AND TO RELEASE ALL RIGHTS TO BRING ANY CLAIM, ACTION OR PROCEEDING AGAINST RELEASED PARTIES AND HEREBY ACKNOWLEDGES 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 A PRIZE, INCLUDING EXPRESS WARRANTIES PROVIDED EXCLUSIVELY BY A SUPPLIER THAT MAY BE SENT ALONG WITH A PRIZE. SPONSOR IS NOT RESPONSIBLE FOR THE ACTIONS OF ENTRANTS IN CONNECTION WITH THE SWEEPSTAKES, INCLUDING ENTRANTS' ATTEMPTS TO CIRCUMVENT THE OFFICIAL RULES OR OTHERWISE INTERFERE WITH THE ADMINISTRATION, SECURITY, FAIRNESS, INTEGRITY OR PROPER CONDUCT OF A SWEEPSTAKES. ENTRANTS FURTHER UNDERSTAND AND AGREE THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA ("SECTION 1542") AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY OF THE UNITED STATES THAT MAY BE APPLICABLE WITH RESPECT TO THE FOREGOING RELEASE ARE HEREBY EXPRESSLY AND FOREVER WAIVED. ENTRANTS ACKNOWLEDGE THAT SECTION 1542 PROVIDES THAT: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS/HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS/HER SETTLEMENT WITH THE DEBTOR." THE RELEASES HEREUNDER ARE INTENDED TO APPLY TO ALL CLAIMS NOT KNOWN OR SUSPECTED TO EXIST WITH THE INTENT OF WAIVING THE EFFECT OF LAWS REQUIRING THE INTENT TO RELEASE FUTURE UNKNOWN CLAIMS.
9. ENTRY INFORMATION AND SWEEPSTAKES COMMUNICATIONS: As a condition of entering the Sweepstakes, each entrant gives consent for Sponsor to obtain and deliver his/her name, address and other information to third parties for the purpose of administering the Sweepstakes and to comply with applicable laws, regulations, and rules. Any information entrants provide to Sponsor may be used to communicate with entrant in relation to the Sweepstakes or on a winner list. The Released Parties are not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in entrant's e-mail account to receive e-mail messages.
10. LIMITATION OF LIABILITY: BY ENTERING THE SWEEPSTAKES, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE; (2) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (3) ENTRANTS' REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
12. ARBITRATION; CLASS ACTION WAIVER; GOVERNING LAW, CLAIMS LIMITATION: EXCEPT FOR DISPUTES, CLAIMS, OR CONTROVERSIES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES, CLAIMS, OR CONTROVERSIES ARISING OUT OF OR RELATED TO THE SWEEPSTAKES , OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND ABOUND (WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY) WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF A COURT. YOU AND ABOUND EACH WAIVE THE RIGHT TO SUE IN COURT AND TO HAVE A JURY TRIAL. YOU AGREE THAT ANY ARBITRATION UNDER THESE OFFICIAL RULES WILL TAKE PLACE ON AN INDIVIDUAL BASIS. CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED, AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION.
Prior to initiating the arbitration, the initiating party will give written notice to the other party of its claim, and the parties will have sixty (60) days to negotiate and attempt to resolve the dispute, after which time unresolved claims may proceed to arbitration in accordance with this section.
The arbitration will be conducted in San Francisco, California before one arbitrator. The arbitration will be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures then in effect. The arbitrator, and not any federal or state court, shall have exclusive authority to resolve any dispute, claim, or controversy arising out of or relating to the interpretation, applicability, arbitrability, enforceability, or formation of these Official Rules. To the extent that the arbitrator deems reasonable, the arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances. Arbitration proceedings will be conducted in English and in a manner that preserves confidentiality. Unless you and Abound agree otherwise, any decision or award will consist of a written statement stating the disposition of each claim and including a concise written statement of the essential findings and conclusions on which the award is based. The arbitrator’s decision will follow the plain meaning of the relevant documents and will be final and binding and may be entered thereafter by any court of competent jurisdiction. The arbitrator shall not be empowered to award punitive or exemplary damages to any party, except where permitted by statue, and the parties waive any right to recover such damages. Nothing in this section shall prohibit the discovery or exchange of non-privileged information relevant to the dispute, claim, or controversy.
You and Abound will share the costs of arbitration equally with respect to JAMS fees; provided that each party will be solely responsible for its own attorneys’ fees and costs. Notwithstanding the foregoing, if you are an individual consumer, as defined by JAMS, then you will have the right to an in-person arbitration hearing in your hometown area, and Abound will be responsible for 100% of the costs and fees of the arbitration charged by JAMS after you pay a filing fee similar to the fee for filing a lawsuit in court (but each party will be solely responsible for its own attorneys’ fees and costs).
Notwithstanding the foregoing, nothing in these Official Rules will preclude Abound from seeking any injunctive relief or other provisional remedy in a court of law. You agree to exclusive jurisdiction of the state and federal courts located in San Francisco, California for such claims, and you expressly consent to personal jurisdiction there and waive any claims that venue is improper for any reason in these courts.
These Official Rules shall be governed by and construed under the laws of the State of Delaware, without regard to conflicts of laws, principles or rules, and regardless of your location. Any dispute, claim, controversy, or other legal action brought by you that arises out of or relates to these Official Rules or the Sweepstakes must be commenced within one year after the cause of action arises.
13. WINNER LIST: To receive a list of winners, mail a self-addressed, stamped envelope to be received by August 30, 2023, to: TClub Inc, 2261 Market St. #4688, San Francisco, CA 94114.