Survey Gift Card Giveaway (the “Promotion”)
Legal Disclaimer
1. Exclusions: Void where prohibited by law. Government employees, Evolio Marketing and Client (SPONSOR) employees, and those residing in India, Pakistan, Russian Federation, Belarus, Brazil, Congo, Cuba, Iran, North Korea, South Korea, Lebanon, Libya, Somalia, Sudan, Syria, Ukraine, Vietnam, Yemen, and Zimbabwe are not eligible. If you are deemed a minor in your place of residence, you must have the consent of your parent or legal guardian to participate in this Promotion. Proof of consent may be required at any time.
2. Promotion Period: The gift card giveaway will be available ("The Promotion") beginning the day you receive the invitation, or opt-in, and ends 5 days later at 11:59 p.m. UTC (the "Promotion Period"), or until gift card quota is met, whichever occurs first. Personal information will be deleted 90-days after the "Promotion Period".
3. How to Enter: To enter the Promotion, the entrants must complete the survey before the end of the Promotion Period or before quota is met.
(a) SURVEY COMPLETION: During the Promotion Period, be invited to complete the survey, follow the link to the survey website, and complete the survey online. The length of time required to complete a survey will vary. LIMIT ONE (1) PROMOTION ENTRY PER PERSON / E-MAIL ADDRESS / COMPLETED SURVEY ASSOCIATED WITH THIS PROMOTION.
4. Promotion Parties are not responsible for: (i) electronic or digital transmissions or entries that are lost, late, stolen, incomplete, illegible, damaged, garbled, destroyed, or misdirected; (ii) any problems or technical malfunctions, errors, omissions, interruptions, deletions, defects, delays in operation of transmission, communication failures (including but not limited to failures or malfunctions of phone lines, telephone systems or other communications systems), destruction of or unauthorized access to, or alteration of, entries; (iii) failed or unavailable hardware, network, software or telephone transmissions; (iv) damage to entrants' or any person's computer; (v) causes beyond Promotion Parties’ reasonable control that jeopardize the administration, security, fairness, integrity or proper conduct of this Promotion; (vi) incorrect or inaccurate entry information whether caused by entrants or by any of the equipment or programming associated with or utilized in the Promotion; (vii) any typographical or other error in the printing or advertising related to the Promotion, in the administration or execution of the Promotion; or (viii) cheating or fraud by any participant. All incomplete or non-conforming entries will be disqualified.
If for any reason this Promotion cannot be executed as planned, including but not limited to infection by virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor that corrupt or affect the security, administration, fairness, integrity or proper conduct of this Promotion, or if this Promotion is compromised or becomes corrupted in any way, electronically or otherwise, Promotion Administrator reserves the right, in its sole discretion, to suspend or terminate this Promotion.
Evolio Marketing reserves the right, at its sole discretion, to disqualify and prosecute any individual who tampers with or attempts to tamper with the entry process or who enters using any automatic or programmed entry duplication method, or any entry service.
CAUTION: ANY ATTEMPT BY ANY PERSON TO DELIBERATELY CORRUPT OR UNDERMINE THE LEGITIMATE OPERATION OF THE SURVEY/PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, EVOLIO MARKETING RESERVES THE RIGHT TO DISQUALIFY, PROSECUTE AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
In the event of a dispute regarding the identity of the person submitting an entry, the entry will be declared by the person in whose name the entry was made.
5. Release & Waiver: By participating in this Promotion, entrants agree to release, discharge and hold harmless Promotion Parties from and against any and all liability, loss, injuries or damages associated with participation in this Promotion or the acceptance, possession, use or misuse of any prize received in this Promotion. By participating in this Promotion, entrants waive all rights to claim punitive, indirect, incidental and consequential damages, attorneys’ fees or any damages other than actual out-of-pocket costs incurred to participate.
6. Disputes/Venue/Governing Law: By participating, entrants agree that:
(1) any and all disputes, claims, and causes of action arising out of, or connected with, this Promotion or any prize awarded (if applicable) shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in in the county of Manhatten, New York; (2) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including but not limited to costs associated with entering this Promotion but in no event attorneys’ fees; and (3) to the extent allowed by applicable law, under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental and/or consequential damages and/or any other damages, other than out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.
All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules or the rights and obligations of any participant or Sponsor in connection with the Promotion shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state's laws.
The invalidity or unenforceability of any provision of these Official 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 Official 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. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Promotion-related materials or notifications and the terms and conditions of these Official Rules, these Official Rules shall prevail, govern and control.
7. Privacy: The personal information collected through this Promotion is subject to EVOLIO Marketing Privacy Policy located at https://www.evoliomarketing.com/privacy-policy. By entering this Promotion, you agree to the use of your personal information as described in the above Privacy Policy. In the event of any conflict between these Official Rules and EVOLIO Marketing Privacy Policy, these Official Rules shall take precedence. SPONSORS will not use personal information collected for any future marketing, sales, promotional purposes unless contact requests SPONSOR to do so. Any personal information collected will be deleted after the Promotion is conducted.
8. Sponsor: EVOLIO Marketing, 1460 Broadway, New York, NY 10036.
All trademarks used herein are the property of their respective owners.