Giveaway Official Rules
The following rules apply to all sweepstakes or giveaways (the Sweepstakes) operated by Mannafy, Inc. on the Mannafy app or website.
By submitting an entry to any Sweepstakes promoted on Mannafy.com or within the Mannafy app, you acknowledge that you have read and agree to be bound by these Official Rules and the decisions of Mannafy, Inc., and that you satisfy all eligibility requirements.
The Sweepstakes are open to all US Citizens age 18 or older at time of entry. Employees of Mannafy, Inc. (the Sponsor), its respective parent, subsidiaries, affiliates, advertising and promotion agencies, distributors, merchants involved with an individual Sweepstakes, and their immediate family members and/or those living in the same household of each are not eligible to win advertised prizes. All Sweepstakes governed by US law. Sweepstakes are subject to all applicable federal, state and local laws and regulations. Void where prohibited by law. No purchase necessary to enter or win. A purchase will not improve your chances of winning.
HOW TO ENTER:
To enter the Sweepstakes, follow all onscreen instructions to complete and submit the online entry form (Primary Entry) — this will primarily involve swiping to enter the specified giveaway. When available as an option for a specific Sweepstakes, you can earn Additional Entries in the specific Sweepstakes by completing additional entry activities such as referring a friend, age 18 or older, who successfully enters the giveaway, visiting a sponsor's social media site, completing a form, or successfully completing other Additional Entry activities.
PRIZES & APPROXIMATE RETAIL VALUES:
The prize and approximate retail value (ARV) for each giveaway (Sweepstakes) will be listed with the giveaway on the app.
If winner is unable to receive the prize then prize will be forfeited, and an alternate winner may be selected in accordance with these Official Rules from among the remaining eligible entries for that prize. Prizes may not be transferred or assigned except by Sponsor.
Odds of winning depend on number of eligible entries received during the Sweepstakes Entry Period.
THE FOLLOWING APPLIES TO THE ABOVE:
Winners will be selected in a random drawing from all eligible entries received. Random drawing will be conducted on or about 7 days after the end of a Sweepstakes by a representative from the Sponsor whose decisions are final. Winners will be notified by email and/or mail and at the judges discretion, will be required to complete and return an email confirmation of prize acceptance and possibly a Affidavit of Eligibility and Liability and a Publicity Release (Affidavit/Release) within 7 days of notification, or the prize will be forfeited and distributed at the Sponsor's discretion, via an alternate winner or future Sweepstakes. Upon confirmation, the prize winner will be put in contact with the specific Sweepstakes sponsoring brand to identify the method, process, and timeframe for delivery of the prize. Unless otherwise determined by the prize sponsor and winner, all prizes should be awarded within 120 days after receipt and verification of completed Affidavit/Release or prize notification. If a potential winner cannot be contacted, or if Affidavit/Release is returned as undeliverable or if the selected winner cannot accept or receive the prize for any reason, or he/she is not in compliance with these Official Rules, the prize will be forfeited and may be awarded to an alternate winner at the Sponsor's discretion. If a winner is otherwise eligible under these Official Rules, but is nevertheless deemed a minor in his or her state of primary residence, the prize will be awarded in the name of winner's parent or legal guardian who will be required to execute affidavit on minor's behalf. No substitutions are permitted except if prize is unavailable, in which case a prize of equal or greater value will be awarded. Prize is not redeemable for cash and non-assignable and non-transferable except to a surviving spouse. Winner is responsible for all federal, state, local sales and income taxes. Any other incidental expenses on prize not specified herein are the sole responsibility of winner. Entry and acceptance of prize constitute permission to use winner's name, prize won, hometown and likeness for online posting and promotional purposes without further compensation, except where prohibited by law. Prize is guaranteed to be awarded. If Mannafy, Inc. goes bankrupt or out of business then the year they go out of business is the last year of payment for the premium service. If Mannafy, Inc. is acquired or merges, it's the new owners discretion to keep paying for the premium service. If we go bankrupt or out of business then the last year we are in business will be the payment for the premium service. Cash value of the prize cannot be redeemed.
Participating entrants agree to these Official Rules and the decisions of the Sponsor, and release, defend and hold harmless the Sponsor and its affiliated companies, and all other businesses involved in this Sweepstakes, as well as the employees, officers, directors and agents of each, from all claims and liability relating to their participation, acceptance and use or misuse of prize. Winner assumes all liability for any injury or damage caused or claimed to be caused, by participation in this Sweepstakes or use or redemption of prize. Sponsor is not responsible for any typographical or other error in the printing of the offer, administration of the Sweepstakes or in the announcement of the prize.
Winner acknowledges the Sponsor and all other businesses concerned with this Sweepstakes and their agents do not make, nor are in any manner responsible for any warranty, representations, expressed or implied, in fact or in law, relative the quality, conditions, fitness or merchantability of any aspect of prize.
In the event of a dispute over the identity of an online entrant, entry will be deemed submitted by the Authorized Account Holder of the e-mail address associated with the Mannafy user account. Authorized Account Holder means the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Entry materials/data that have been tampered with or altered, or mass entries or entries generated by a script, macro or use of automated devices are void. The Sponsor is not responsible for: (i) lost, late, misdirected, damaged, illegible or incomplete entries; or (ii) error, omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions of any kind, or inaccurate transmission of or failure to receive entry information by Sponsor on account of technical problems or traffic congestion on the Internet or at any web site or any combination thereof; or (iii) any injury or damage to entrant's or any other person's computer related to or resulting from participating in the Sweepstakes. By participating in the Sweepstakes, you (i) agree to be bound by these Official Rules, including all eligibility requirements, and (ii) agree to be bound by the decisions of Sponsor and the independent judging organization, which are final and binding in all matters relating to the Sweepstakes. Failure to comply with these Official Rules may result in disqualification from the Sweepstakes. Sponsor reserves the right to permanently disqualify from any sweepstakes it sponsors any person it believes has intentionally violated these Official Rules and cancel the Sweepstakes if it becomes technically corrupted (including if a computer virus, bot or system malfunction inalterably impairs its ability to conduct the Sweepstakes), and to select winner from among all eligible entries received prior to withdrawal. Legal Warning: ANY ATTEMPT BY AN individual, whether or not an ENTRANT, TO DELIBERATELY DAMAGE, destroy, tamper or vandalize this APP OR WEB SITE OR interfere with the OPERATION OF THE SWEEPSTAKES, IS A VIOLATION OF CRIMINAL AND CIVIL LAWS and SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES and diligently pursue all remedies against ANY SUCH individual TO THE FULLEST EXTENT PERMITTED BY LAW.
ARBITRATION, NO CLASS ACTION:
This Sweepstakes shall be governed by and interpreted under the laws of the State of Delaware. without regard to its conflicts of laws provisions. By participating, entrants agree that any and all disputes arising out of or relating in any way to this Sweepstakes shall be resolved exclusively by binding arbitration under the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules”), using the Optional Expedited Arbitration Procedures when applicable. The JAMS Rules are available at https://www.jamsadr.com/rules-comprehensive-arbitration/#Rule-16-1.
PARTICIPANT AND SPONSOR AGREE THAT (A) ANY CLAIMS WILL BE RESOLVED INDIVIDUALLY, NOT AS A PLAINTIFF OR CLASS REPRESENTATIVE, MEMBER OF, OR OTHERWISE ON BEHALF OF OTHERS IN ANY PURPOSED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING, AND NOT THROUGH ANY CLASS ACTION; (B) IF A CLAIM PROCEEDS IN COURT ANYWAY, BOTH SPONSOR AND PARTICIPANT WAIVE ANY RIGHT TO A JURY TRIAL; AND (C) PARTICIPANT’S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY), AND PARTICIPANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. (Some jurisdictions do not allow the limitations or exclusion of liability set forth above and in section 4, so such language may not apply to every Participant).
The arbitrator shall apply Delaware law consistent with the Federal Arbitration Act and applicable statutes of limitations and shall honor claims of privilege recognized at law. The arbitrator shall provide a decision explaining his or her findings and conclusions, and the ruling may be entered in any court having jurisdiction thereof. The arbitrator’s decision shall be final and binding upon the Parties.
The Parties will equally split the arbitrator’s fees and expenses, and each party shall pay its costs and attorneys’ fees. If the claimant can demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deem necessary to prevent the arbitration from being cost-prohibitive. Notwithstanding, if any party prevails on a statutory claim that affords a prevailing party attorneys’ fees and costs, or if there is a written agreement providing for attorneys’ fees and costs, the arbitrator will award such costs and fees per the applicable statute or written agreement. The arbitrator shall resolve any dispute regarding the reasonableness of any fee or cost that may be awarded under this paragraph.
To the extent permitted by law, the existence of the arbitration, the arbitration proceedings, and the outcome of the arbitration will be treated as confidential and will not be disclosed by either party. Participant and Sponsor agree that an award, and any judgment confirming it, only applies to the arbitration in which it was awarded and cannot be used in any other proceeding except to enforce the award itself and any post-arbitration action seeking to enforce an arbitration award or action seeking equitable or injunctive relief shall be brought exclusively in the courts in Wilmington County, Delaware, or the United States District Court for the District of Delaware.
If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein.
Notwithstanding the foregoing, either party may seek temporary or emergency equitable relief to enforce its rights in any court of competent jurisdiction. For any Claims brought by that are not subject to arbitration, if any, Participant and Sponsor each: (i) submit that the exclusive jurisdiction and venue for any such proceeding will be the courts of competent jurisdiction sitting within Wilmington County, Delaware (the “Venue”), (ii) waive any argument that any such court does not have personal jurisdiction or that the Venue is not appropriate or convenient; and (iii) waive any and all rights to trial by jury for any Claims.
For a winners list for a specific Sweepstakes, email contact@Mannafy.com with the subject line: “Winners List for [Giveaway Name]”. Mannafy, Inc. will make every attempt to respond to this request with a list of winners within 30 days.