Effective July 1th, 2022.
NOTICE REGARDING DISPUTE RESOLUTION: THESE OFFICIAL RULES CONTAIN TERMS THAT GOVERN HOW CLAIMS BETWEEN YOU AND SPONSOR, RELATING TO YOUR PARTICIPATION IN ANY EXPERIENCE, WILL BE RESOLVED. FOR EXAMPLE, SECTION 17 INCLUDES AN ARBITRATION AGREEMENT AND WAIVER OF A CLASS ACTION THAT REQUIRES YOU TO SUBMIT ALL CLAIMS TO ARBITRATION (INSTEAD OF GOING TO COURT BEFORE A JUDGE AND JURY) AND LIMITS YOUR ABILITY TO BRING CLAIMS ON BEHALF OF ANYONE OTHER THAN YOURSELF (THAT IS, IT PROHIBITS YOU FROM BRINGING ANY PURPORTED CLASS ACTION OR PURPORTED COLLECTIVE OR REPRESENTATIVE PROCEEDING).
NO PURCHASE, PAYMENT, OR DONATION OF ANY KIND IS NECESSARY TO ENTER OR WIN. ALL ENTRIES INTO AN EXPERIENCE HAVE AN EQUAL CHANCE OF WINNING. A PURCHASE, PAYMENT, OR DONATION WILL NOT INCREASE THE CHANCES OF WINNING.
1.THE SPONSOR: CLOUDNINE CODE s.r.o. (referred to herein as “CLOUDNINE ” or “Sponsor”) is a Czech republiccorporation and a for-profit, commercial fundraiser, technology, and media companythatleveragesthepowerofstorytelling and technology to radicallychangecharitablegiving.
2. THE WEBSITE: TheCLOUDNINEwebsite (www.epicwin360.com) (the “Website”) allowseligibleindividuals (seerestrictionsbelow) to enter intothesweepstakespromotionshosted on theWebsite (eachan “Experience”). A portionofthefundsraisedthrougheachExperiencewill support featured non-profit(s) and/orcharitablecauses (each a “Charity”).
3. APPLICABILITY OF THE RULES: These OfficialRulesprovidethegeneralterms and conditionsapplicable to everyExperience on theWebsitelaunched on orafterJuly 1th, 2022. EachExperienceissubject to allapplicableinternational, state, and locallaws and regulations and isvoidwhereprohibited.
(A) ExperienceRules. EveryExperiencealso has itsown, additional, Experience-specificterms and conditions (the “ExperienceRules”). TheExperienceRulescanbefound on eachExperience’swebpage on theWebsite, underthesection “StuffOurLawyersWantYou to Read.” TheExperienceRulesprovide extra information and requirementsfor a specificExperience. Ifthereis a conflictorinconsistencybetween these OfficialRules and theExperienceRules, theExperienceRuleswillgovern. Any reference to the “OfficialRules” withrespect to any specificExperienceswillmeanboth these OfficialRules and theapplicableExperienceRules, taken as a whole.
(B) BindingContract. TheOfficialRules (including any ExperienceRules) form a bindingcontractbetweenCLOUDNINEand eachExperience participant (a “Participant.”) Entryinto any ExperienceconstitutesParticipant’s full and unconditionalagreement to theOfficialRules and Sponsor’sdecisions, which are final and binding in allmattersrelating to theWebsite and allExperiences. Ifyou do not agree to these OfficialRules (includingtheapplicableExperienceRules) do not enter theExperience(s).
(C) Updates to theOfficialRules. These OfficialRulesmaybeupdatedfromtime to time. Pleasecheck these OfficialRules (includingallrelevantExperienceRules) regularly to ensurethatyouunderstandthetermsthatapplyatthetimethatyou enter theExperience.
4. ELIGIBILITY: To beeligible to enter anExperienceorbeawardedtheprizes(s) identified on eachExperience’swebpage (each a “Prize”), a Participant mustfullycomplywiththeOfficialRules. Unlessotherwiseprovided in theExperienceRules, Experiences are only open to individualswho (i) are at least 18 yearsofageorolderattimeofentry; (ii) are NOT in oneor more ofthe “ProhibitedPersons” categorieslisted in Section 4(A), below; and (iii) are legalresidentsofthe United States, Czech Republicoranother country thatis NOT listed as a “ProhibitedJurisdiction,” in Section 4(B), below. Any entrysubmitted by any ineligible person(s) willbevoid.
(A) ProhibitedPersons. Thefollowingindividuals are not eligible to enter orwin any Experience:
(i) Any individualwho has won a grand-Prize in a Grand-PrizeExperience (as defined in Section 5(A)), below) in theimmediatelypreceding 18 months (calculatedfromthe last dateoftheEntry Period ofthe last Grand-PrizeExperiencethat such individualwon);
(ii) Any employees, officers, and/ordirectorsof any ofthefollowing (collectively, the “ExperiencePartners” ): (a) CLOUDNINE; (b) theCharitiessupported by theapplicableExperience, (c) CLOUDNINE’sthird-party contractorswhoparticipate in orprovideservicesrelated to theWinnerselectionprocessfortheapplicableExperience, and (d) any contractororother partner engaged by CLOUDNINE to supply and/orfulfill any portionofthePrize(s), including, withoutlimitation, any Prizesupplypartners.
(iii) Theimmediatefamilymembersof (meaning, spouse, parent, child, sibling, and theirrespectivespouses, regardlessofwheretheyreside) and/orthoseliving in thesamehousehold as theemployees, officers and/ordirectorsofCLOUDNINE and/ortheCharities (excluding Charity volunteers) supported by theapplicableExperience (whetheror not related).
(B) ProhibitedJurisdictions: All countries on the United States’ list ofembargoedcountries (whichyoucanfind here)and any other country wherelocallawswouldprohibittheprovisionoforentryintoanExperience.
5. HOW TO ENTER: EachExperiencewillhave a startingdate and time and endingdate and time (the “Entry Period”) specified in theExperienceRules. Onlythoseentriesreceived by SponsorduringtheEntry Period willbevalid. SponsorwillbetheofficialtimekeeperforallExperiences.
(A) Grand-PrizesExperiences. All grand-PrizesExperiences (each a “Grand-PrizeExperience”) willprovidethefollowingtwo (2) ways to enter:
(i) Donate and Enter. To enter by thismethod, visittheWebsite, clickthe “Enter Now” buttonfromtheExperiencewebpage. Thendonate by choosing a donationamount and followingtheinstructions to provideyour full, legalname, contact, and paymentinformation and completeyourdonation. UponSponsor’sreceiptof a donation, a donor willautomaticallyreceiveentries and beenteredfor a chance to wintheExperience. Thenumberofentriesawardedmaycorrespond to thedollarvalueofthedonation, as specified on theExperiencewebpageatthetimeofParticipant’sdonation, and Sponsorreservestheright to amendthecorrespondingnumberofentries to beawardedfor a particulardollarvalueof a donationfromtime-to-time in its sole and absolutediscretion. Participant willreceivethecorrespondingnumberofentriesindicated on theapplicableExperiencewebpageatthetimeofParticipant’sdonation. Individualsmaydonate as many times as desired, but foreachExperience, a Participant is limited to the maximum Entry Limit (as definedbelow), ifapplicable to theExperience.
(ii) Enter for Free. To enter for free, visittheWebsite, clickthe “Enter Now” buttonfromtheExperiencewebpage. Thenclick on the “enter withoutcontributing” link, followtheinstructions to completethe “AlternativeMethodofEntry” form, and thensubmitthecompletedform. Uponreceiptof a complete “AlternativeMethodofEntry” form, a Participant willautomaticallyreceivetwothousand (2,000) entriesintothatExperience. Individualsmaysubmitthe “AlternativeMethodofEntry” form as many times as desired, but foreachExperience, a Participant is limited to theapplicable maximum Entry Limit (as definedbelow).
(B) SpecialPromotions. CLOUDNINE may, in itsdiscretion, run variousspecialpromotions in connectionwiththeExperiences. Forexample, itmay, for a temporary period duringtheEntry Period, offerParticipants “bonus entries” in connectionwith any entrysubmission, oritmayofferParticipantstheopportunity to enter multiple Grand-PrizePromotionssimultaneously. Eachentrythatisawarded in connectionwith any specialpromotion (a) willconstitute a single, independent entry in theapplicableExperience(s), (b) willbetreatedthesame as any otherentry to theExperience(s) (includingbeingsubject to any applicableEntry Limit), and (c) willhavethesamechanceofwinning as any otherentry.
6. ENTRY LIMITATIONS AND RESTRICTIONS: Onlyaccurate and completeentriessubmittedduringtheEntry Period and received by Sponsor are eligible. Any incomplete, illegible, corrupted, oruntimelyentries are alsovoid and ineligible to win. Proofofsubmissionwill not bedeemed to beproofofreceipt by Sponsor. Sponsoris not responsibleforlost, late, illegible, incomplete, invalid, unintelligible, misdirected, technicallycorruptedorgarbledentries, orforothersubmissionproblemsof any kind, whethercausedmechanical, humanorelectronicerror, allofwhich are void and ineligible to win. Additionally, Sponsoris not responsiblefor any telephone, electronic, hardware, software, network, Internet, orcomputermalfunctions, failures, ordifficulties. If a Participant’sdonationisrefunded, any entriesassociatedwith such donationwillbewithdrawn and not eligible to win.
(A) Entry Limit. ForeachExperience, theExperienceRuleswillstatethecumulative maximum numberofentriesthat any one person mayobtain (the “Entry Limit”). TheEntryLimit applies to allentries, regardlessofthemethodofentry. If a Participant exceedstheEntry Limit foranExperience, allEntriesreceivedovertheEntry Limit (in orderofreceipt) willbevoid and ineligible to win.
(B) RequiredInformation. Participantsmustprovideallrequiredinformationspecified on theExperience’spageorentryform to beeligible to enter and win.
(C) Email AddressRequirements. Participantsmay not use multiple email addresses, identities, address, logins, devices, or any othertacticsused in aneffort to receiveentriesoveranExperience’sEntry Limit. To receivevalidentries, Participant mustprovide a valid email addressforwhichthe Participant istheauthorizedowner. MultipleParticipantsmay not sharethesame email address. In the event of a dispute as to the identity of any Participant, theauthorizedaccountholderofthe email addressused to enter willbedeemed to bethe Participant. The “authorizedaccountholder” isthe natural person assignedan email address by an internet access provider, online service provider orotherorganizationresponsibleforassigning email addressesforthedomainassociatedwiththesubmittedaddress. PotentialWinners and/orWinners (as definedbelow) mayberequired to show proofofbeingtheauthorizedaccountholder. Any entriesconnected to an invalid, non-working, orinactive email address, orlinked to anauthorizedaccountholderotherthan Participant, are void and ineligible to win. Any conduct in violationofthisSectionisstrictlyprohibited and willvoid all entriesforthat Participant and mayresult in disqualificationof Participant fromallExperiences, atSponsor’sdiscretion.
(D) No automatedentrydevices. All entriesmustbesubmitted by theindividual Participant to bevalid. Use, orattempted use, of any robotic, automated, programmed, mechanical, orother non-manualentrymethodswillvoid all entriesforthat Participant and willresult in disqualificationofthe Participant fromallExperiences, atSponsor’sdiscretion. No copies, facsimiles, orothermechanicalorelectronicreproductionsofentrieswillbeaccepted. Sponsor has the sole right and discretion to make a determinationthat Participant usedorattempted to use any such prohibitedautomatedentrymethods.
(E) ContactDetails. By entering any Experience, youagreethatCloudninemaycontactyou via email, phone, and mail in connectionwiththeExperiences in accordancewithSponsor’sPrivacyPolicy.
7. ENTRY CONDITIONS AND RELEASE: As a conditionofentering any Experience, Participant expressly:
(A) Consents to receiveinformationorpromotionalmaterialsfromSponsor, or any oftheotherExperiencePartners, via email and/or mail;
(B) Represents and warrantsthat (s)he agrees to bebound by these OfficialRules and decisionsoftheSponsor, whichwillbebinding and final in allmattersrelating to eachExperience;
(C) ReleasestheExperiencePartners, and any advertisingplatformused in connectionwiththepromotionof any Experience, including, withoutlimitation, the Facebook platformowned and operated by Meta Platforms, Inc., Google LLC, Instagram, Inc., Twitter, Inc., and any oftheirrespectiveparents, subsidiaries and affiliates (collectively “AdvertisingPlatforms”), fromallliability, lossordamageorexpensearisingoutofor in connectionwithparticipation in any Experienceortheacceptance, use, ormisuseof any Prizes;
(D) Knowingly and expresslywaivesallrights to claim, punitive, exemplary, indirectincidental, consequential, or any otherdamages, otherthanforactualout-of-pocketexpenses and/or any rights to havedamagesmultipliedorotherwiseincreased;
(E) Agreesthatallclaims, disputes, orcausesofactionarisingoutoforconnectedwith any Experience, or any Prizesawarded, shallbeindividuallyresolved in bindingarbitration, per Section 17, without resort to any formofclass, collectiveorrepresentativeaction;
(F) Agreesthat any and allclaims, judgments, and awards, ifpermitted to proceed, willbe limited to Participant’sactualout-of-pocketcostsincurred (if any), excludingattorneys’ fees and courtcosts.
Somejurisdictions do not allowthelimitationsorexclusionofliability set forthabove in Section 7. So, someoftheprovisionscontained in thissectionmay not apply to every Participant.
8. WINNER DRAWINGS: Potentialwinner(s) ofanExperience (the “PotentialWinner”) willberandomlydrawnfromamongalleligibleentriesreceived. Thedrawingwilloccur on orafterthe end oftheEntry Period oratthe end oftheEntry Period whichallowstheSponsor to buythePrize. Theentreesbought in thepreviousEntryPeriodswillbeautomaticallytransferred to thefollowingEntryPeriods. ThenumberoftheEntryPeriodswillbebased on theamountcollected to buythePrize. Sponsorwillconductthedrawing and awardingofthePrize. Onceconfirmed and verified as eligible to win, a PotentialWinnerisreferred to herein as a “Winner.” Theoddsofwinningdepend on thenumberofeligibleentriesreceivedduringtheEntry Period.
9. WINNER NOTIFICATION PROCESS: PotentialWinnerswillbecontactedusingthe email addressused to enter theExperience. PotentialWinnersmustrespond to thePotentialWinnernotification email within 24 hoursofitbeingsent (orthetimeframeindicated in thePotentialWinnernotification email, ifanothertimeframeotherthan 24 hoursisspecified). If a PotentialWinnerfails to respond to thenotification email withinthestated period, PotentialWinnermaybedisqualified and, in such instances, willforfeit any claim to any ofthePrizes(s). AftersendingthePotentialWinnernotification email, to theextent a phonenumber has beenprovided, Sponsorreservestheright to alsocontactPotentialWinners via phone as well. By entering, PotentialWinnersexpresslyauthorizeSponsor to name, tag, orotherwiseidentifyPotentialWinner on Sponsor’sWebsite, social media pages, and/or in Sponsorsotherpromotionalmaterials.
SomejurisdictionsmayprohibitSponsorfromconditioningparticipation on PotentialWinner’sconsent to publicity described in thisSection. PotentialWinnerswho are residentsof such jurisdictions and whoobject to such publicity, mustnotifySponsorofobjections via email duringthePotentialWinnerconfirmation and verificationprocess.
10. CONFIRMATION AND VERIFICATION OF POTENTIAL WINNERS: A PotentialWinnerwillonlybeconfirmed as thewinnereligible to receivethePrizeafterSponsor has completedverificationofPotentialWinner’seligibility to win and confirmedPotentialWinner’scompliancewiththetermsof these OfficialRules. PotentialWinnersmustbewilling and able to claim and/oracceptthePrizes(s) in full in the period specified by Sponsor. PotentialWinners are subject to confirmation and verification by Sponsor, by whatevermeansSponsorshalldeemappropriate. To beconfirmed and verified as eligible to win, a PotentialWinner and thePotentialWinner’sguest(s), ifapplicable, mustcomplywithallterms and conditionsof these OfficialRules and fulfillallrequirements. Sponsor’sdecisions are final and binding in allmattersrelated to theadministration, operation, drawing, verificationoftheWinner, and allissuesrelated to anExperience. In addition to alloftheotherrequirementsstated in these OfficialRules, ifthePotentialWinneris a Canadian resident, (s)he mustcorrectlyanswer a mathematicalskill-testing question to beeligible to beconfirmedtheWinner.
(A) WinnerDocumentation. To receivethePrize(s), and as part oftheWinnerconfirmation and verificationprocess, PotentialWinner (and any guestsofPotentialWinner, to theextentthat a Prizeincludesparticipation by oneor more guests) mustaccuratelycomplete and timely return Sponsor’s Affidavit ofEligibility, ReleaseofLiability and Publicity Release (wherepermitted by law), any otherdocumentation (for instance health and safetyforms, including any vaccinationattestations, includingprovidingproofofthesame in a formatdetermined by Sponsor in its sole discretion) reasonablyrequired by Sponsororthe provider ofthePrize(s) (wherepermitted by law), and/or any otherdocumentnecessary to confirm and verify a PotentialWinner’seligibility, as determined by Sponsor, in its sole discretion (collectively, the “WinnerDocumentation”). PotentialWinnermustfully and accuratelycompleteWinnerDocumentation and timely return all such documentation by thedatespecified by Sponsor, orthePotentialWinnermaybedisqualified and willforfeit any claim to any ofthePrizes(s).
(B) Background Checks. Exceptwherelegallyprohibited, Sponsorreservestheright to conduct background checks on a PotentialWinner and any PotentialWinnerguests, whereapplicable. Participation in anExperienceconstitutesParticipant’sauthorization to such background checkswithoutSponsorproviding any additional prior noticeorseekingadditionalpermissionsorconsentsfromPotentialWinner. Sponsorreservestheright, in its sole discretion, to disqualify any PotentialWinner and any PotentialWinner’sguest(s) based on theresultsof such background check (orthe background checkofPotentialWinner’sguest(s), ifapplicable), iftheSponsordetermines in its sole discretionthatawardingthePrize to such PotentialWinner and/orPotentialWinner’sguest(s) mightreflectnegatively on Sponsoror any oftheotherExperiencePartners, orbelikely to putSponsor, any oftheotherExperiencePartners, or any otherthird-party in danger. Sponsoris not obligated to clarify, confirm, orshare any specificresultsof background checkwith any PotentialWinneror any PotentialWinner’sguest(s), whetherthe background checkresulted in disqualificationor not. Factorsthatcouldresult in disqualificationinclude, withoutlimitation: havingbeenconvictedof a felonyormisdemeanor, beingdelinquent on a government-orderedpayment, such as child support, spousal support, alimony, tax payments,etc., or any othercriminalor civil offensedeterminedatthe sole discretionofSponsor. Whenrequested, PotentialWinnerorPotentialWinner’sguest(s) mustprovideauthorization and/orcomplete any formsreasonablyneeded to facilitate such a background check. IfPotentialWinner and/orPotentialWinner’sguest(s) fails to sign and return therequireddocumentationwithinthe period specified by Sponsor, PotentialWinner and/or any PotentialWinner’sguest(s) maybedisqualified and willforfeit any claim to any ofthePrizes(s). ExceptforExperiences in whichspecificPrizeWinner and/orPrizeWinnerguestqualifications, requirements, orrestrictionsmaybestated in theExperienceRules (forexample, any residencyorcitizenshiprequirements, agerequirements, orhealthrequirements), PotentialWinners and PotentialWinnerguestswill not bedisqualifiedbased on race, ancestry, nationalorigin, religion, gender or gender identity, sexualorientation, or any otherprotectedclassor status.
11. WINNER DISQUALIFICATION: Reasons a Participant, PotentialWinner and/orWinnermaybeineligible to receivethePrizes and/ordisqualifiedinclude, but are not limited to: (i) failures to meetalloftheeligibilityrequirementsstated in theOfficialRules, (ii) failures to abide by these OfficialRules, orotherinstructionsofSponsor, (iii) failure to provide a valid email addressatthetimeofentry, (iv) failure to timelyrespond to thePotentialWinnernotification email or any otherrequestfromSponsor, (v) Sponsorisunable to verifythe identity and verificationofthePotentialWinner to itsreasonablesatisfactionwithin 7 workingdaysoftherelevantdrawingofthePotentialWinnerfortheExperience, (vi) failure to timelycomplete and/or return theWinnerDocumentation and/or background checkdocuments, (vii) failure to passthe background check to Sponsor’s full satisfaction, (viii) theprovisionoffalse, incomplete and ormisleadinginformation to oraboutSponsoror any oftheotherExperiencePartners, (ix) thecommissionof any fraudordeception in connectionwith any Experience, use oftheWebsite, and/orrelationshipwithSponsor, (x) acting in anobnoxious, threatening, abusive, orharassingmanner, at any timebeforeorduringtheawardingofthePrize, in wholeor in part; (xi) inability to timelyacceptthePrizesfor any reason, including, but not limited to, inability to travel to thelocationwherethePrizeisbeingfulfilled and/or injuryordeath and (xii) theinabilityofSponsor to timelyawardorotherwisefulfillthePrizes, due to circumstancesbeyondSponsor’sreasonablecontrol, including, but not limited to, legalrestrictions, ActsofGod, natural disasters, pandemics/epidemics, terrorism, and/orweather.
If a PotentialWinnerorWinnerisdetermined to beineligible and/ordisqualifiedfor any reason, analternatePotentialWinnermayberandomlydrawnfromtheeligibleentries. Any alternatePotentialWinnerwillbenotified as per theproceduresoutlined in theOfficialRules (timepermitting). Sponsorreservestheright to modifytheWinnernotification and/orconfirmation and verificationproceduresconnectedwiththedrawingofanalternatePotentialWinner, if any.
12. PRIZES: Subject to any restrictionsexpresslystated in theOfficialRules, WinnerswillreceivethePrizes(s) identified on eachExperience’swebpage. SponsorshallsolelydeterminethespecificsofallelementsofallPrizes (includingtimingforfulfillmentofPrizes and traveloptions, ifapplicable). Theapproximate retail valueof any Prizewillbespecified in theExperienceRules. Winners are responsibleforensuringtheytimely and fullyacceptthePrizeatthespecifiedPrizelocation(s) and withinthespecifiedPrizefulfillmentperiod..
Unlessexplicitlystatedotherwise, allPrizes are awarded as is, without any representationsorwarranties, and cannotbetransferred, sold, substituted, orredeemedfor cash by Participant. Sponsorreservestheright to substitute a prizeofcomparableorgreatervalueor cash in Sponsor’s sole discretion. Prizemaybesubject to availabilityrestrictions in certainjurisdictionsbased on licensing, import, ordistributionregulationsorotherlegalrestrictions. In such circumstances, theWinnermayberequired to take a cash alternativeinstead. Somerestrictionsmayapply.
Unlessotherwisenoted in ExperienceRules, Winners are solelyresponsibleforalltaxes, costs, and feesassociatedwithPrizereceipt, ownership, and/or use. Sponsorwill not replace any lostor stolen Prize(s) orcomponentsof a Prize(s).
All Winners are entitled, attheirdiscretion, to refuse to acceptsomeorallofthePrize(s) thatthey are eligible to receive and, in such instances, willbedeemed to haveforfeitedthePrize. Ifat any time and for any reason, a Winnerisdeemed to haveforfeited a Prize, in wholeor in part, orfails to acceptdeliveryofthePrize(s) within a reasonable period, Winnerwill not beentitled to any alternatePrizeor any othercompensationof any kind, and CLOUDNINEshallhave no obligation to awardtherejectedorunclaimedportionof any Prize(s) to analternativewinner.
CertaintypesofPrizesmayhaveotherrestrictionsorlimitations, includingwithoutlimitation as follows, unlessotherwisespecified on theExperienceRules:
(A) PrizeManufacturers. Experiences are not sponsored, endorsed, approved, oraffiliatedwiththemanufacturerofthePrize(s) beingawarded. Experienceprizenamesand logos are thetrademarks and propertyofthemanufacturerofthePrize(s). ActualPrize(s) to beawardedmay not beidentical to thosedepictedwhich are intended to beonlyrepresentative.
(B) PrizesThatInclude a TravelComponent: ForalltravelPrizes, youhave to travel on thedates and itineraryspecified by Sponsor. Any includedairfareiscoachclassfromthe major gatewayairportnearestWinner’s residence orotheralternativegatewaysapproved by Sponsor in its sole and absolutediscretion. Any hotel accommodations are standard class, double occupancyunlessotherwisespecified. Theactual retail valueof any tripPrizewilldepend on theWinner’s place of residence. Thedifferencebetweentheapproximate retail value and theactual retail valuewill not beawarded. Winner and Winner’sguest(s), ifapplicable, musttravel on thesameitinerary, unlessotherwiseapproved by Sponsor in its sole and absolutediscretion. Lostor stolen tickets, travelvouchersorcertificates, orsimilaritemswill not bereplacedoncethey are in yourpossession. Any and allexpenses not specified in ExperienceRules, including, but not limited to, itinerarychangefees, checkedbaggagefees, meals and gratuities, transfers, and groundtransportation, are the sole responsibilityofWinner and Winner’sguest(s). Travel and accommodation are subject to availability; certainadditionalrestrictions and blackout datesmayapply. Ifspecificdates are indicatedfortravel, and Winnercannottravel on thosespecifieddates, Prizewillbeforfeited and maybeawarded to analternateWinnerselectedatrandomfromallremainingeligibleentries. In such instances, theforfeitingWinnerwill not beentitled to any alternateprizesorcompensationof any kind. Winner and Winner’sguest(s), ifapplicable, are responsibleforallrequiredtraveldocumentation and identification, including, withoutlimitation and as applicable, any passportor visa, as well as meeting any otherrequirementsforentryintotherelevantdestination, such as any health and safetyrequirements. Winner’sguest(s), ifapplicable, mustalso sign a releasebeforeticketing. Winner’sguest(s) mustbeovertheageof majority in thestate, province, orterritory in which s/he resides, ortheWinnerwhoaccompaniesthemmustbetheirparentorlegalguardian, unless as otherwisespecified on theapplicableExperienceRules. If, in Sponsor’sjudgment, air travelis not requireddue to Winner’sproximity to Prizelocation, Sponsormayprovidegroundtransportation as a substitute for air travelatSponsor’sdiscretion.
(C) PrizesThatIncludeWinningan Automobile orotherVehicle: TheWinnerofthePrizevehicleis not eligiblefor any cash rebateprograms. Sponsorwilldeterminetheinterior/exteriorcolorsofthevehicleatits sole discretion. Winnermusthave a validdriver’slicense and proofofinsurance to takedeliveryofPrizevehicle and musttakedeliveryofthevehicleat a locationspecified by Sponsor, in its sole discretion. For any Prizevehicle, neitherSponsor, otherExperiencePartners, nor thevehiclemanufacturer has made nor isresponsibleorliablefor any warranty, representation, orguarantee, express orimplied, in fact, orlaw, relative to thePrizevehicle, including but not limited to itsquality, mechanicalconditionor fitness. Notwithstanding, thePrizevehiclemayincludethemanufacturer’s standard vehicle limited warranty, as stated in thevehicle’sOwner’sGuide. IfthePrizeis a leaseofan automobile orothervehicle, Winnerwillberesponsibleforcomplyingwiththe standard provisionsoftheapplicablelease and shallberesponsibleforexcesswear/use and mileageoverthemilesspecified in such leaseat a cost per additional mile/km stated in such lease. Prizemaybesubject to availabilityrestrictions in certainjurisdictionsbased on licensing, import, orotherdistributionrestrictions. In such a case, theWinnermayberequired to take cash orotheralternativesinstead. Winnermusttakedeliveryofthevehicleat a location and timeofCLOUDNINE´s sole choosing. CLOUDNINEreservestheright to delayvehicledeliveryor substitute a similarvehicleofequalorgreatervalueshouldthevehicle as describedbeunavailablefor any reason.
(D) PrizesThatIncludeAttendingan Event: Tickets and seating are subject to availability. In the case the event isdelayedorrescheduledfor any reason, ticketsforthedelayedorrescheduled event maybeprovidedatthe sole discretionofSponsor. Ifthe event iscanceledfor any reason, theremainderofthePrize, if any, willbeawardedwithoutthescheduled event. Sponsormay substitute analternatePrizeofequalorgreatervalue (including in theformof cash) atits sole discretion. Winner’sguest(s) mustbe 18 orolder, ortheWinnermustbetheirparentorlegalguardian, unless as otherwisespecified in theapplicableExperienceRules.
(E) PrizesThatInclude Meeting orGreeting any Person: Meet and greetportionofthePrizeissubject to availability. In the case ofunavailability, theremainderofthePrize, if any, willbeawardedwithoutthemeet and greetportion.
(F) PrizesThatInvolveParticipating in a Physical Event: SponsormayrequireWinner and Winner’sguest(s), ifapplicable, to beexamined by a doctororotherappropriatemedicalprofessionalbeforeparticipating in the event. Sponsor and/orExperiencePartnersreservetheright to declineparticipation in the event to any WinnerorWinner’sguest(s), ifapplicableifitisdeemedthatindividualisunfit, in anunsafecondition, acting in anunsafemanner, fails to meettherequirementsofthatparticularcomponentofthe event (whichmayinclude, withoutlimitation, height/weightrestrictionsorrestrictionsbased on thehealthofthe participant) orfor any otherreason as determined by Sponsor in itsreasonablediscretion. In such circumstances, thePotentialWinnermayberequired to take cash orotherprizealternatives, ifavailable as part oftheExperience. If such analternativeprizeis not available, PotentialWinnermaybedisqualified.
(G) PrizesThatInvolveAppearing in a Film, TV, orOtherProduction: Thisportionof any Prizeissubject to theproductionoccurring as scheduled and to thePotentialWinnerenteringintothird-party agreements (such as withanacting union, productioncompany, orpublishingplatform, includingagreementsregardingappearancereleases, confidentiality and background checks). Participation in such anactingopportunitydoes not guarantee any type orlengthofappearanceorthat such appearancewillbeincluded in thefinalproductionorthattheproductionwillbereleasedatall.
13. PUBLICITY: Exceptwhereprohibited by law, acceptanceof any PrizealsoconstitutesWinner’s express agreement and consentforSponsor, and thoseactingunderSponsor’sauthority, to use Winner’sname, city and stateof residence, photographsorotherlikenesses, pictures, portraits, video, voice, testimonials, biographicalinformation (in wholeor in part), and/orstatements made by WinnerregardingtheExperience, Prize, and/or any oftheExperiencePartners, worldwide and in-perpetuityfor any and allpurposes, including, but not limited to, advertising, trade and/orpromotion on behalfofSponsor (ortheapplicableExperiencePartners), in any and allformsof media, nowknownorhereafterdevised, including, but not limited to, print, TV, radio, electronic, cable, orWorldWide Web, withoutfurtherlimitation, restriction, compensation, notice, review, orapproval. Winneragrees to confirmthisconsent in writingifrequested.
SomejurisdictionsmayprohibitSponsorfromconditioningtheawardingof a Prize on Winner’sconsent to publicity as described in thisSection 13. Winnerswho are residentsof such jurisdictions and whoobject to such publicity, mustnoticeSponsorof such objections via email duringtheWinnerconfirmationprocess.
14. GENERAL CONDITIONS: Sponsorreservestheright to cancel, suspend, and/ormodifyanExperience, in wholeor in part, due to any fraud, bugs, virus, technicalfailures, changes in thelaw, or any otherfactorbeyondSponsor’sreasonablecontrolthatimpairsthe integrity or proper functioningofanExperience, as determined by Sponsor. Sponsorreservestheright, in its sole discretion and at any time, to conductmaintenancefortheWebsiteoritssystemsthatmaysuspendorotherwiseimpactaccess to anExperience. Sponsorreservestheright, in its sole discretion, to disqualify any individualtampering, or to attempting to tamper, withtheadministration and/oroperationof any Experience, includingwithoutlimitationstheentryprocessorthePotentialWinnerdrawprocess.
WARNING: ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH AN EXPERIENCE OR UNDERMINE, OR ATTEMPT TO UNDERMINE, THE LEGITIMATE OPERATION OF AN EXPERIENCE WILL BE DISQUALIFIED AND MAY BE SUBJECT TO CRIMINAL AND CIVIL PROSECUTION AND PENALTIES. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. SPONSOR’S FAILURE TO ENFORCE ANY TERMS OF THESE OFFICIAL RULES SHALL NOT CONSTITUTE A WAIVER OF THAT PROVISION. SPONSOR RESERVES THE RIGHT TO DISQUALIFY ANY INDIVIDUAL IT FINDS TO BE ATTEMPTING TO TAMPER WITH OR UNDERMINE THE ENTRY PROCESS, THE WEBSITE, AND/OR THE LEGITIMATE OPERATION OF AN EXPERIENCE; TO BREACH THE OFFICIAL RULES; OR TO ACT IN AN UNSPORTSMANLIKE OR DISRUPTIVE MANNER OR WITH THE INTENT TO ANNOY, ABUSE, THREATEN, OR HARASS ANY OTHER PERSON. IF, FOR ANY REASON, THE EXPERIENCE CANNOT BE RUN AS PLANNED OR IF SPONSOR DETERMINES IN ITS SOLE DISCRETION THAT THE INTEGRITY OR VIABILITY OF AN EXPERIENCE IS COMPROMISED, SPONSOR RESERVES THE RIGHT TO VOID ANY ENTRY AT ISSUE AND (A) CANCEL OR TERMINATE THE EXPERIENCE (OR ANY PORTION THEREOF); (B) MODIFY THE EXPERIENCE OR SUSPEND THE EXPERIENCE TO ADDRESS THE IMPAIRMENT AND THEN RESUME THE EXPERIENCE IN A MANNER THAT BEST CONFORMS TO THE SPIRIT OF THESE OFFICIAL RULES; AND/OR (C) AWARD THE PRIZE AT RANDOM FROM AMONG THE ELIGIBLE, NON-SUSPECT ENTRIES RECEIVED UP TO THE TIME OF THE IMPAIRMENT.
15. INDEMNIFICATION: As a conditionofentry, each Participant, agrees to defend, indemnify, release and hold harmlessSponsor, allothertheExperiencePartners, and theirrespectiveparent, subsidiary, and affiliatedcompanies, and any other person ororganizationresponsibleforsponsoring, fulfilling, administering, advertisingorpromotinganExperience, includingAdvertisingPlatforms, and alloftheirrespective past and presentofficers, directors, employees, agents and representatives (collectively, the “ReleasedParties”) from and against any and allclaims, expenses, and liability, including but not limited to negligence and damagesof any kind to persons and property, including but not limited to invasionofprivacy (underappropriation, intrusion, public disclosureofprivatefacts, falselight in the public eyeorotherlegaltheory), defamation, slander, libel, violationofrightof publicity, infringementof trademark, copyright orotherintellectualpropertyrights, propertydamage, ordeathorpersonalinjuryarisingoutoforrelating to a participant’sentry, creationofanentryorsubmissionofanentry, participation in anExperience, acceptance, possession, attendanceat, defect in, deliveryof, inability to use, use ormisuseofPrize (including any traveloractivityrelatedthereto) and/orthebroadcast, exploitationor use ofentry.
16. LIMITATIONS OF LIABILITY: TheReleasedParties are not responsible and willhave no obligationorliabilityfororresultingfrom: (i) a Participant’sentryorattempt to participate in anExperience, (ii) incorrectorincompleteinformation, whethercaused by a Participant, technicalerrorsor by any oftheequipmentorprogrammingassociatedwithorutilized in anExperience, (iii) technicalfailuresof any kind, including, but not limited to outages, malfunctions, interruptions, ordisconnections in phone lines or network hardware or software orscheduledorunscheduledmaintenance; (iv) unauthorizedhumanintervention in any part oftheentryprocessoranExperience; (v) technicalorhumanerror in theadministrationofanExperienceortheprocessingofregistrations, (vi) entries, PrizeclaimsorPrizenotificationsthat are lost, late, incomplete, illegible, unintelligible, damaged, undeliverableorotherwise not received by theintended recipient, in wholeor in part, due to computer, humanortechnicalerrorof any kind (including, forexample, SPAM filters); (vii) Participantswhohavecommittedfraudordeception in enteringorparticipating in anExperienceorclaimingthePrize, (viii) aninabilityoftheWinner to acceptthePrizefor any reason; (ix) aninability to fulfilloraward a Prizedue to delaysorinterruptionsdue to ActsofGod, natural disasters, pandemics/epidemics, terrorism, weatheror any othersimilar event beyondSponsor’sreasonablecontrol; or (x) any damages, injuriesorlossesof any kindcaused by any Prizeorresultingfromawarding, acceptance, possession, use, misuse, lossormisdirectionof any Prizeorresultingfromparticipating in anExperienceor any promotionorPrizerelatedactivities. Iffor any reason, a Participant’sentryisconfirmed to havebeenerroneouslydeleted, lost, orotherwisedestroyedorcorrupted, Participant’s sole remedyisanotherentry in anExperience.
17. BINDING ARBITRATION, NO CLASS ACTION:
Pleasereadthissectioncarefully. Participant understands and agreesthat (s)he waives his/her right to sueor go to court to assertordefend his/her rightsconnectedwithparticipation in anExperience.
(A) MandatoryArbitrationofDisputes: As a conditionofparticipation, Participant and Sponsoreachagreethat any dispute, controversy, orclaimarisingoutofor relating to anExperience, these OfficialRules, orthebreach, termination, enforcement, interpretation, or validity thereof, and includingthedeterminationofthescopeorapplicabilityofthisarbitrationprovision (each, a “Claim”) shallberesolved solely by binding, individualarbitration and not in a class, representativeorconsolidatedactionorproceeding. Participant and Sponsoragreethatthe U.S. FederalArbitrationActgovernstheinterpretation and enforcementof these OfficialRules and thatthisarbitrationprovisionshallsurviveterminationof these OfficialRules.
(B) ClassActionWaiver: Participant and Sponsoreach agreethateitherofthemmaybringclaimsagainsttheotheronly in anindividualcapacity, and not as a plaintifforclassmember in any purportedclassorrepresentativeproceeding. Further, iftheparties’ disputeisresolvedthrougharbitration, neither JAMS nor thearbitratormayconsolidateanotherperson’sclaimswithParticipant’sclaimsorotherwisepresideover any formof a representativeorclassproceedingfor any purpose. Ifthisspecificprovisionisfound to beunenforceable, thentheentiretyofthisSection 17 shallbenull and void.
(C) Limited Remedies: Additionally, except as maybeprovidedfor in Subsection 17(D), below, orprohibited by law, Participant and Sponsoreachagreethat, for any dispute, claim, orcontroversyarisingoutoforrelating to anExperience, these OfficialRulesorthebreach, termination, enforcement, interpretation, or validity thereof, theirremedies are limited to a claimformoneydamages (if any) and theyeachirrevocablywaive any right to seekinjunctiveorequitablerelief.
(D) Exceptions and Opt-out: NotwithstandingSubsections 17(A) and (B), above, Participant and Sponsoreachretaintheright to:
(i) seek to resolve a Claim in smallclaimscourtifitqualifies; and
(ii) seekinjunctiveorotherequitablerelieffrom a courtofcompetentjurisdiction to prevent (orenjoin) theinfringementormisappropriationoftheirrespectiveintellectualpropertyrights.
In addition, Participant willretaintheright to optoutofarbitrationentirely and litigate any Claimif Participant providesSponsorwithwrittennoticeofParticipant’sdesire to do so by regular mail sent to theattentionofCLOUDNINE’s Legal Department attheCLOUDNINEaddress set out in Section 22, below, withinthirty (30) daysfollowingthedate Participant firstagrees to these OfficialRules. IfSponsorchanges any ofthetermsofthisSection 17 afterthedate Participant firstaccepted these OfficialRules (oraccepted any subsequentchanges to these OfficialRules), Participant mayreject any such change by sendingSponsorwrittennoticewithinthirty (30) daysofthedate such changebecameeffective, as indicated in the “Effective” dateabove. By rejecting any change, Participant isagreeing to arbitrate any Claimbetween Participant and Sponsor in accordancewiththetermsofthisSection 17 as ofthedate Participant firstaccepted these OfficialRules (oraccepted any subsequentchanges to these OfficialRules).
(E) DisputeResolution and NotificationofClaims: Prior to bringing a Claim, Participant and Sponsoreachagree to noticetheother party and attempt, in goodfaith, to negotiateaninformalresolution. To beginthisprocess, beforeinitiating any arbitrationproceeding, the party seeking to bring a Claimmustsend a NoticeofClaim (“Notice”) by certified mail to theother party. All Notices to Sponsormustbesent to theCLOUDNINEaddress set out in Section 22, below. TheNoticemustdescribethenature and basisoftheClaim and thereliefsought. Ifwe are unable to resolvethepotentialClaimwithinforty-five (45) daysafterreceiptoftheNotice, then Participant orSponsormayinitiatearbitrationproceedings as set outbelow.
(F) ArbitrationProcess and Rules: Anyarbitrationwillbeconducted by JAMS pursuant to itsproceduralrulesforcommercialdisputes (“JAMS Rules”), usingtheOptionalExpeditedArbitrationProcedureswhenapplicable. The JAMS Rules are availableat https://www.jamsadr.com. A party whowishes to start arbitrationmustsubmit a writtenDemandforArbitration to JAMS and givenotice to theother party as specified in the JAMS Rules. JAMS provides a formDemandforArbitrationat www.jamsadr.com. JAMS willappointanarbitrator. Whenpractical, thearbitratorshouldhave prior subjectmatterknowledge and familiaritywithsweepstakes and/or fundraising laws in thejurisdiction in whichSponsorisincorporated. Thearbitrationmaybeconducted via video-conferenceor in-person in thecounty (orother municipality) where Participant lives, unless Participant and Sponsorbothagree to a differentlocation. Thepartiesagreethatthearbitratorshallhaveexclusiveauthority to decideallissuesrelating to theinterpretation, applicability, enforceability, and scopeofthisarbitrationagreement. Duringthearbitration, both Participant and Sponsormaytakeonedepositionoftheopposing party, limited to 4 hours. If Participant and Sponsorcannotagree on a time and locationfor a deposition, thearbitratorwillresolve any schedulingdisputes. Thearbitratorshallprovide a decisionexplainingthearbitrator’sfindings and conclusions, and therulingmaybeentered in any courthavingjurisdictionthereof. Thearbitrator’sdecisionshallbefinal and bindingupontheparties to these OfficialRules.
(G) ArbitrationCosts: Paymentofallfiling, administration and arbitratorfeeswillbegoverned by the JAMS Rules. If Participant asserts a claimagainstSponsor, Participant willberesponsibleforpayingtheconsumerfilingfee. Sponsorwillpayforallother JAMS-includedfees (includingfiling, administration, and arbitratorfees and expenses). Each party shallpayitsownattorneys’ fees and any othercostsitincurs. If any party prevails on a statutoryclaimthataffords a prevailing party attorneys’ fees and costs, orifthereis a writtenagreementprovidingforattorneys’ fees and costs, thearbitratorwillaward such costs and fees per theapplicable statute orwrittenagreement. Thearbitratorshallresolve any disputeregardingthereasonablenessof any feeorcostthatmaybeawardedunderthisparagraph.
(H) Confidentiality: To theextentpermitted by law, the existence ofthearbitration, thearbitrationproceedings, and theoutcomeofthearbitrationwillbetreated as confidential and will not bedisclosed by eitherof Participant and Sponsor. Participant and Sponsoragreethatanaward, and any judgmentconfirmingit, onlyapplies to thearbitration in whichitwasawarded and cannotbeused in any otherproceedingexcept to enforcetheawarditself and any post-arbitrationactionseeking to enforceanarbitrationawardoractionseekingequitableorinjunctivereliefshallbebroughtexclusively in thecourts in Wilmington, Delaware, orthe United StatesDistrictCourtfortheDistrictof Delaware.
(I) Severability: If any part ofthisarbitrationprovisionisdeemed to be invalid, unenforceable, orillegal, orotherwiseconflictswiththerules and proceduresestablished by JAMS, thenthe balance ofthisarbitrationprovisionshallremain in effect and shallbeconstrued in accordancewithitsterms as ifthe invalid, unenforceable, illegalorconflictingprovisionwere not containedherein.
18. GOVERNING LAW: All issues and questionsconcerningtheconstruction, validity, interpretation, and enforceabilityoftheOfficialRules, ortherights and obligationsofParticipants and Sponsor in connectionwithanExperience, shallbegoverned by, and construed in accordancewith, Czech republiclaw.
19. PARTICIPANT’S PERSONAL INFORMATION: InformationcollectedfromParticipantsissubject to theSponsor’sPrivacyPolicy.
20. RESULTS: A list ofwinnerswillbeavailable epicwin360.com/winners.
21. REFUNDING DONATION: Eachdonation in connectionwithanExperiencesupportsanawesome cause and helpscreaterealimpact. As such, Sponsordoes not providerefundsonceanExperience’sEntry Period has closed.
22. SPONSOR CONTACT: Mail: CLOUDNINE, s.r.o.
710 00 Ostrava
23. SEVERABILITY: Eachofthetermsof these OfficialRulesoperatesseparately. If any courtofrelevantauthoritydecidesthat any ofthem are unlawfulorunenforceable, theremainingtermswillremain in full force and effect.
24. NO WAIVER: IfSponsorfails to insistthat Participant perform any ofParticipant’sobligationsunder these OfficialRules, orifSponsordoes not enforceitsrightsagainst Participant, orifSponsordelays in doing so, thatwill not meanthatSponsor has waiveditsrightsagainst Participant and will not meanthat Participant does not have to complywith these obligations. IfSponsordoeswaive a default by Participant, Sponsorwillonly do so in writing, and thatwill not meanthatSponsorwillautomaticallywaive any later default by Participant.
25. ENTIRE AGREEMENT: TheseOfficialRules, togetherwiththeapplicableExperienceRules, constitutetheentireagreementbetweenSponsor and Participant withrespect to theExperience and supersedeall prior orcontemporaneouscommunications, whetherelectronic, oral orwritten, betweenSponsor and Participant withrespect to theExperience.
Copyright ©2022CLOUDNINE, s.r.o.All third-party names and trademarks are thepropertyoftheirrespectiveowners. Unlessotherwiseprovided on anExperiencewebpage on theWebsite, eachExperience on theWebsiteis not sponsored, endorsed, oraffiliated in any waywith any advertisingplatformused in connectionwiththepromotionof any Experience, including, withoutlimitation, the Facebook platformowned and operated by Meta Platforms, Inc., Google LLC, Instagram, Inc., Pinterest, Inc.,StuffOurLawyersWantYou to Read. Twitter, Inc., and any oftheirrespectiveparents, subsidiaries, and affiliates.
Email our support team at weloveyou@CLOUDNINE.com