NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE OR PAYMENT WILL NOT INCREASE OR IMPROVE YOUR CHANCES OF WINNING.
1. GENERAL. AXS’ “$250 American Express Gift Card” is a sweepstakes where eligible entrants may have the chance to win the prize described below. The foregoing is a general description only of this Sweepstakes and is qualified in its entirety by these Official Rules. The sponsor of this Sweepstakes is AXS Group LLC (“AXS” or “Sponsor”).
2. ELIGIBILITY. This Sweepstakes is only open to individuals who, as of the beginning of the Entry Period (defined below): (i) are legal residents of the United States and its territories or possessions (the “Territory”); and (ii) are at least the age of majority in the location where the individual resides (e.g. eighteen (18) years old in the U.S.). This Sweepstakes is void outside the Territory and where prohibited or restricted by law. Employees, officers and directors of Sponsor, its parent, affiliates, subsidiaries, divisions, and the immediate families (defined as parents, spouses, children, siblings, grandparents, and their respective spouses) or members of the same household (whether related or not) of each such employee, officer and director, are not eligible to enter. This Sweepstakes, and any website pages and advertisements relating thereto, is intended for viewing only within the Territory, and entrants must be present in the Territory at the time they enter.
3. TIMING. This Sweepstakes begins at 10:00 AM Pacific Time on Monday, September 12, 2022 and ends at 10:00 PM Pacific Time on Sunday, October 2, 2022 (the “Entry Period”). Sponsor’s computer is the official timekeeping device for the Sweepstakes.
4. HOW TO ENTER. Each participant will earn one entry for each Qualifying Entry (as defined below). Each participant is limited to one (1) Qualifying Entry. A “Qualifying Entry” is the submission of the requested information into the form provided (the “Entry Form”), which is received by Sponsor during the Entry Period as defined in Section 3 above. All Qualifying Entries must be received by Sponsor during the Entry Period in order to qualify for entry as described herein. Winners will be contacted by email sent to the email address provided in the Entry Form with further instructions on how to claim a prize; failure to respond to the email message within 12 hours may result in disqualification. Winners will be notified during the Notice Period as defined in Section 5 below.
5. DRAWINGS; ODDS; NOTIFICATION. Subject to the terms and conditions of these Official Rules, Sponsor will randomly select a potential prize winner from among all eligible entries received by Sponsor in the Sweepstakes as follows, for each of the four Events: at least 72 hours prior to the start time of the Event (the “Notice Period”) selected in the Entry Form, Sponsor will randomly select 1 eligible entry as a potential prize winner from all entries received by Sponsor (as determined by Sponsor) during the Entry Period (up through time of this drawing) with respect to that Event. Odds of winning the prize depend on the number of eligible entries received by Sponsor in the Sweepstakes at the time of each drawing. No individual entrant is eligible to be a winner in more than one contest or sweepstakes on AXS in any calendar month as determined by the ending date of the applicable contest or sweepstakes. If prizes are not timely claimed, i.e., if prize is not claimed within 12 hours after timestamp on the email from Sponsor, AXS shall randomly select alternate winners.
The entrants selected must comply with all terms and conditions of these Official Rules and winning is contingent upon fulfilling all requirements. A potential winner will be notified by email provided in the Entry Form. A potential winner may in Sponsor’s discretion be required to execute and return to Sponsor an Affidavit of Eligibility and Release (an “Affidavit/Release”) in the form provided by Sponsor in order to claim his/her prize. Such Affidavit/Release may be similar to an Affidavit/Release that AXS shall require be acknowledged upon submission of any entry. Such Affidavit/Release must be returned to Sponsor by the date and/or time indicated within such documents. If a potential winner does not reply to Sponsor’s email within 12 hours of the first attempt to contact him/her, or if a potential winner fails to return the Affidavit/Release within the specified time, or if any prize or prize notification is returned as undeliverable, or if a potential winner is found to be ineligible, or if a potential winner does not comply with the Official Rules, then the potential winner may be disqualified and an alternate winner selected by Sponsor or its designee in his/her place based on the selection criteria described above by Sponsor for the Sweepstakes. In such event, an alternate potential prize winner will be notified as described above and will be required to return the required documents to Sponsor as described above. If a Canadian resident becomes eligible to win a prize in this Sweepstakes, if required by Canadian law, that person must also answer correctly within a five (5) minute time period a mathematical skill-testing question without the benefit of any calculating devices before the prize will be sent to that individual.
6. PRIZES. Subject to the terms and conditions of these Official Rules, a total of one (1) prize will be awarded in the Sweepstakes. The prize is a $250 American Express gift card. The prize will be delivered by AXS via email. No purchase is necessary or required to access the prize through the app. Prizes must be accepted as awarded, and prizes are awarded “AS IS” with no warranty, representation, or guarantee, express or implied, in fact or in law, made by Sponsor or for which Sponsor shall be liable, INCLUDING, WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. No substitution, assignment or transfer of a prize is permitted, except by Sponsor, who reserves the right to substitute a prize with another prize of greater or equal value, including cash, if a prize is not available for any reason as determined by Sponsor in its sole discretion. Each winner is solely and fully responsible for any and all costs, fees, taxes, assessments and expenses associated with prize award, receipt and use, including, without limitation, all federal, state and local taxes on the prize. If applicable, a prize winner will be issued an IRS Form 1099 for the approximate retail value of the prize won.
7. PUBLICITY. Except where prohibited by law, participation in this Sweepstakes constitutes entrant’s consent to Sponsor’s (and its related entities, successors’, assignees’ and designees’) use of winner’s name, likeness, photographs, hometown, state and country (as applicable) for promotional purposes in any manner or media (including, without limitation, online), worldwide, in perpetuity, and without further payment, consideration, notice or consent. If applicable, any person featured in entrant’s submission for the sweepstakes must also consent to Sponsor’s use of his/her name, likeness, photograph and all other publicity rights. All submissions may be featured on AXS.com or AXS’ relevant social media pages regardless of whether they are selected as winners.
8. GENERAL CONDITIONS. Sponsor reserves the right, in its sole discretion, to terminate or suspend this Sweepstakes: (i) if, in Sponsor’s opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of this Sweepstakes; (ii) if viruses, bugs, unauthorized intervention, fraud, technical difficulties or failures or any other factor beyond Sponsor’s reasonable control corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes; or (iii) for any other reason in Sponsor’s sole discretion. In such event, Sponsor reserves the right (but does not have the obligation) in its sole discretion to award any or all of prize(s) at random from among eligible, non-suspect entries received up to the time of suspected impairment. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of this Sweepstakes or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately damage any website or undermine the legitimate operation of this Sweepstakes is a violation of criminal and civil laws, and, should such an attempt be made, Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision or any other provision in these Official Rules.
9. RELEASE. By entering, each entrant in this Sweepstakes, forever and irrevocably releases and holds harmless Sponsor, its related entities, and their respective agents, advertising and promotion agencies, parent, affiliates, subsidiaries, other related entities, and prize suppliers, and all of their respective employees, officers, directors, shareholders and agents from and against all claims, damages or liabilities arising in whole or in part, directly or indirectly, from entrant’s participation and/or entry in this Sweepstakes and/or entrant’s award, receipt or use of any prize awarded in this Sweepstakes.
10. LIMITATIONS OF LIABILITY. Sponsor is not responsible for: (a) incorrect or inaccurate transcription of entry information or late, lost, unintelligible, illegible, damaged, mutilated, altered, incomplete, or misdirected entries or entries received through impermissible or illegitimate channels, all of which will be disqualified; (b) technical failures of any kind, including but not limited to the malfunctioning of any telephone, computer online systems, computer equipment, website, server provider, network, hardware or software, including without limitation Sponsor’s publishing tools; (c) the unavailability or inaccessibility of any website or service; (d) unauthorized intervention in any part of the entry process or this Sweepstakes; (e) printing, typographical, electronic or human errors which may occur in the offer or administration of this Sweepstakes or the processing of entries; (f) any injury or damage to persons or property, including but not limited to entrant’s computer, which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in this Sweepstakes, use of any prize awarded in the Sweepstakes, or from viewing or downloading any material from Sponsor’s website, regardless of whether the material was prepared by Sponsor or a third party, and regardless of whether the material is connected to Sponsor’s website by a hypertext link; or (g) any costs, expenses, claims, or liabilities related to any winner’s receipt or use of a prize awarded hereunder.
11. DISPUTES. Entrant agrees that: (a) any and all disputes, claims, and causes of action arising out of or connected with this Sweepstakes, or any prizes awarded shall be resolved individually, without resort to any form of class action, and solely and exclusively in a federal or state court located in Los Angeles, CA; entrant submits to sole and exclusive personal jurisdiction to said courts in the State of California for any such dispute and irrevocably waives any and all rights to object to such jurisdiction; (b) any and all claims, judgments, and awards shall be limited to actual out of pocket costs incurred, including costs associated with entering this Sweepstakes but in no event attorneys’ fees; and (c) under no circumstances will entrant be permitted to obtain awards for and entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant or Sponsor in connection with this Sweepstakes shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules of provisions (whether of the State of California, the United States, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.
12. OFFICIAL RULES. These Official Rules are also available by sending a self-addressed postage-stamped envelope to “AXS Survey Sweepstakes” c/o Sponsorships, AXS Group LLC, 425 W 11th Street, Los Angeles, CA 90015. Residents of Vermont need not affix return postage.
13. WINNER’S LIST. To request a list of winners, send a self-addressed postage-stamped envelope to “AXS Survey Sweepstakes” c/o Sponsorships, AXS Group LLC, 425 W 11th Street, Los Angeles, CA 90015 by November 1, 2022.
14. SPONSOR. The sponsor of this Sweepstakes and the address at which the Sponsor may be contacted is AXS Group LLC, having its principal place of business at 425 W 11th Street, Los Angeles, CA 90015 (“AXS”).