PROMOTION GENERAL TERMS AND CONDITIONS
NO PURCHASE NECESSARY TO ENTER OR CLAIM PRIZE. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
These General Terms and Conditions are applicable to each Promotion (as defined below) offered on or through Dailybreak.com (the "Website") and any mobile applications and related services (collectively, such services, including any new features and applications, and the Website, the "Service(s)").
THESE PROMOTIONS ARE IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH, FACEBOOK, INC. ("FACEBOOK") OR APPLE, INC. ("APPLE") OR GOOGLE, INC. ("GOOGLE"). YOU ARE PROVIDING YOUR INFORMATION TO DAILYBREAK AND THE APPLICABLE THIRD PARTY PROMOTION SPONSOR AND NOT TO FACEBOOK, APPLE, OR GOOGLE.
From time to time Dailybreak, Inc., which maintains an office at 100 North Washington Street, Boston, MA 02114 ("Dailybreak"), will offer and/or host periodic sweepstakes, giveaways, challenges, auctions and other promotions (each, a "Promotion") on or through the Services. In some cases, a Promotion will be sponsored by Dailybreak, and in other cases a Promotion will be sponsored by a third party identified on the specific landing page on the Services for that particular Promotion and hosted by Dailybreak (each such sponsor, a "Promotion Sponsor"). Each such Promotion will be subject to and governed by these General Terms and Conditions and the additional specific terms and conditions as set forth on any specific landing page for any such Promotion on the Services (each such Promotion specific landing page, a "Promotion Site," and together with these General Terms and Conditions, the "Official Rules"). Unless otherwise indicated on the specific Promotion Site, each Promotion begins at 12:00:01 a.m. ET on the date set forth on the Promotion Site (the "Promotion Start Date") and will run until 11:59:59 p.m. ET on the date set forth on the Promotion Site or until the fixed number of entries indicated on the Promotion Site are received, whichever occurs first (the "Promotion End Date") (each such period referred to herein as the Promotion Period).
The prize descriptions, the total approximate retail value of all prizes and the number of winners to be selected for each Promotion will be set forth on the applicable Promotion Site. Additional terms and conditions may apply to winner's use of the prize, as set forth on the specific Promotion Site. The odds of winning a Promotion are determined by the number of eligible entries received by the applicable Promotion End Date. If a Promotion limits the number of entries, the odds of winning that Promotion will be the number of prizes divided by the number of entries permitted. For example, for a Promotion with one prize, a total limit of 5000 entries and a limit of one entry per person, the odds of winning are 1 in 5000. Allow three to four weeks after validation of arrangement for receipt of prize. The actual number of prizes awarded for a particular Promotion is based on the number of eligible entries received during the applicable Promotion Period. There is no substitution, cash equivalent or transfer of prizes allowed. Each winner will be solely responsible for all other expenses not specifically set forth in the Official Rules. The Promotion Sponsor reserves the right to substitute prizes of equal or greater value. No other substitution or transfer of prizes permitted. The Promotion Sponsor is responsible only for prize delivery; not responsible for prize utility, quality or otherwise. In order to receive a prize, winner may be required to provide proof of identification. Taxes on any prize are the sole responsibility of winner. The winner of any prize with a value of $600 or greater will be issued a 1099 U.S. tax form for the retail value of the prize.
Each Promotion is open only to registered members of the Services who are legal residents of the United States, and at least 16 years old at the time of entry. Only one Services membership account per person. Entries are limited to individuals only; commercial enterprises and business entities are not eligible. By participating in any Promotion, each entrant accepts the conditions stated in the Official Rules, agrees to be bound by the decisions of Dailybreak and the applicable third party Promotion Sponsor and warrants that he or she is eligible to participate in each such Promotion. Employees, independent contractors, officers, and directors of Dailybreak and any applicable third party Promotion Sponsor, and their affiliates, subsidiaries, advertising, promotion, and fulfillment agencies, and legal advisors, and their immediate family members and persons living in the same household, are not eligible to participate in any Promotion. EACH PROMOTION IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW and is subject to applicable federal, state and local laws, statutes, ordinances and regulations.
Following each Promotion End Date, the winner or winners will be selected by Dailybreak, the applicable third party Promotion Sponsor or their designee based on the criteria indicated on the applicable Promotion Site. Winners for each Promotion will be selected from all eligible entries received by the Promotion End Date for such Promotion. Winners for each Promotion will be notified by mail, telephone or email using the information provided by the entrant, within 30 days of the Promotion End Date for such Promotion. In the event a potential winner does not accept or claim the prize within 30 days from the Promotion End Date (or such other date indicated on the specific Promotion Site), is ineligible, the prize or prize notification is not deliverable, or is disqualified for any reason, Promotion Sponsor will award the applicable prize to an alternate winner by random drawing from among all remaining eligible entries. Only three (3) alternate drawings will be held, after which the prize will remain un-awarded. All entries received for a Promotion during the applicable Promotion Period will be canceled after the winner is selected for such Promotion Period. Dailybreak and the applicable third party Promotion Sponsor is not responsible for and shall not be liable for late, lost, misdirected or unsuccessful efforts to notify winner. Where lawful, winner may be required to sign and return Dailybreak's form of Publicity Consent and Liability Release. If a winner fails or refuses to sign such Publicity Consent and Liability Release in the manner and within the time as requested by Dailybreak or the applicable third party Promotion Sponsor, such winner may be disqualified and an alternate winner may be selected.
Any valuation of the prize stated above is based on available information provided to the Sponsor, and the value of any prize awarded to a winner will be reported for tax purposes as required by law. Each winner is solely responsible for reporting and paying any and all applicable taxes related to the prize and paying any expenses associated with any prize(s) which are not specifically provided for in the Terms & Conditions. Each winner must provide the Sponsor a completed IRS Form W-9 with valid identification and a valid taxpayer identification number or social security number before any prize will be awarded. Any person winning over six hundred dollars ($600.00) in prizes which is paid directly to the person from the Sponsor will receive an IRS form 1099 at the end of the calendar year and a copy of such form will be filed with the IRS.
Dailybreak, each third party Promotion Sponsor, Facebook and Apple, and their respective agents, directors, officers, shareholders, employees, insurers, servants, parents, subsidiaries, divisions, affiliates, predecessors, successors, representatives, advertising, promotion, and fulfillment agencies, and legal advisors (collectively, the "Released Entities"), are not responsible for, shall not be liable for, and hereby disclaim all liability arising from or relating to: (i) late, lost, stolen, delayed, damaged, misdirected, misaddressed, incomplete, unintelligible or postage-due entries; (ii) telephone, electronic, hardware or software program, network, Internet, computer or other malfunctions, failures, or difficulties of any kind, whether human or technical; (iii) failed, incomplete, garbled, or delayed computer or e-mail transmissions; (iv) any condition caused by events beyond the control of Dailybreak or the third party Promotion Sponsor; (v) any injuries, losses, or damages of any kind arising in connection with or as a result of the prize, or acceptance, possession, or use of the prize, or from participation in the Promotion; or (vi) any printing or typographical errors in any materials associated with the Promotion. Dailybreak or the third party Promotion Sponsor reserves the right, in its sole discretion, to suspend, modify or cancel any Promotion or disqualify any entry should any unauthorized human intervention or other causes beyond its or their control corrupt or affect the administration, security, fairness or proper conduct of the Promotion. In the event that any such cause prevents proper administration of any Promotion, Dailybreak, the third party Promotion Sponsor, or its or their designees will pick the winners from all eligible, non-suspect entries received prior to such action. By participating in the Promotion, entrants and winners hereby release, discharge and hold harmless the Released Entities, and all others associated with the development and execution of the Promotion, from any and all losses, damages, rights, claims and actions of any kind arising out of or relating to the Promotion, participation in the Promotion, the prize, and/or acceptance, possession, use or misuse of the prize, including but not limited to statutory and common law claims for misappropriation or an entrant's right of publicity. All such Promotions shall be governed by the laws of the Commonwealth of Massachusetts. By participating in any such Promotion, entrants agree that Massachusetts courts shall have jurisdiction over any dispute or litigation arising from or relating to any such Promotion or the Official Rules and that venue shall be only in Boston, Massachusetts.
Entrants are hereby advised that California Civil Code § 1542 provides that: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR. By entering a Promotion, each entrant, on behalf of himself or herself and his or her heirs, successors, assigns, agents and representatives, acknowledges that he or she understands the significance and consequences of California Civil Code § 1542 and, to the extent it may be applicable, hereby waives the benefits of its provisions, with the intent that the releases and waivers of liability in paragraph 6 shall include claims known or unknown, and unknown and unsuspected.
To obtain the name of the Promotion winner or winners after each Promotion End Date, please visit the winners' page. The name and town of residence for each winner of a Promotion will be available for 90 days from the Promotion End Date for such Promotion.
Dailybreak and the applicable third party Promotion Sponsor reserve the right to prosecute and seek damages against any individual who attempts to deliberately undermine the proper operation of any Promotion in violation of the Official Rules and/or any law.