Términos y condiciones y reglas del concurso
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Eligibility: The Giveaway The Giveaway is only open to Texas residents who are 21 years or older at their date of entry. The winner and their guest must be legal U.S. citizens. Employees, independent contractors, interns, officers, directors, and agents of Daniel Stark (the “Sponsor”) their respective affiliates, subsidiaries, advertising and promotion agencies, suppliers and their immediate family members and/or those living in the same household of each are not eligible to participate in the Giveaway. The Giveaway is subject to all applicable federal, state and local laws and regulations. Void where prohibited.
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Entry Method: The Giveaway must be entered by submitting an entry using the online form and pass any verification requirements (email or fraud score) set by the Sponsor. The entry must fulfill all requirements of the Giveaway, as specified, to be eligible to win a prize. Entries that are incomplete or do not adhere to the rules or specifications of the Giveaway may be disqualified at the sole discretion of the Sponsor. Participants must provide the information requested to enter the Giveaway.
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Entry Period: The Giveaway begins on February 17, 2025 and and the winner will be announced March 7, 2025 (the “Entry Period”). Entries submitted before or after the Entry Period will not be eligible.
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Prize: One winner in total will be selected to win the Giveaway prize of a $1,000 gift card to Cinnamon Shore in Port Aransas, Texas. The specifics of the prize shall be solely determined by the Sponsor. No cash or other prize substitution shall be permitted except at the Sponsor’s discretion. The prize is non-transferable. Substitution of the prize or transfer/assignment of the prize to others or request for the cash equivalent of the prize by the Winner is not permitted. Any additional expenses beyond the prize package provided will be the responsibility of the winner and their guest.
The Winner may also be asked to complete an IRS Form W9. Note: The Affidavit sent to a potential Winner will require that the Winner provide their Social Security Number to the Administrator, which will be used solely for tax reporting purposes. The Winner is responsible for all local, state, and federal taxes associated with the receipt of the Prize. The Winner must note that the value of their accepted Prize is taxable as income and an IRS Form 1099 will be filed in the name of the Winner for the value of the Prize, and the Winner is solely responsible for all matters relating to the Prize after it is awarded. If a Prize or Prize notification is returned as unclaimed or undeliverable to a potential Winner, if a potential Winner cannot be reached or does not comply with notification instructions within five (5) days from the first notification attempt, if a potential Winner fails to return requisite document(s) within the specified time period, or if a potential Winner is not in compliance with these Official Rules, then such person shall be disqualified and, at the Sponsor's sole discretion, an alternate Winner may be selected.
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Winner Selection: The Winner will be selected by Random Draw under the supervision of the Sponsor. The Sponsor shall have no liability for a Winner’s failure to receive notices due to spam, junk e-mail or other security settings or for a Winner’s provision of incorrect or otherwise non-functioning contact information. If the Winner cannot be contacted, is ineligible, fails to claim the prize within 24 hours from the time award notification was sent/posted on social media, or fails to timely return a completed and executed declaration and release as required, the prize may be forfeited, and an alternate Winner selected.
By accepting the Prize, where permitted by law, the Winner grants to the Released Parties and those acting pursuant to the authority of Sponsor and the Released Parties (which grant will be confirmed in writing upon Sponsor's request), the right to print, publish, broadcast, and use worldwide IN ALL MEDIA without limitation at any time their full name, portrait, picture, voice, likeness, and/or biographical information for advertising, trade, and promotional purposes without further payment or additional consideration, and without review, approval, or notification. -
Terms and Conditions: The Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Giveaway should virus, bug, non-authorized human intervention, fraud, or other cause beyond the Sponsor’s control corrupt or affect the administration, security, fairness, or proper conduct of the Giveaway. In such cases, the Sponsor may select a winner(s) from eligible entries received before and/or after the action taken by the Sponsor if appropriate. The Sponsor reserves the right at its sole discretion to disqualify any individual who tampers with or attempts to tamper with the entry process or the operation of the Giveaway or website or violates these Terms & Conditions. The Sponsor has the right, in its sole discretion, to maintain the integrity of the Giveaway, to void entries for any reason, including, but not limited to: multiple entries from the same user from different IP addresses; multiple entries from the same computer in excess of that allowed by Giveaway rules; or the use of bots, macros, scripts, or other technical means for entering. Any attempt by an entrant to deliberately damage any website or undermine the legitimate operation of the Giveaway may be a violation of criminal and civil laws. Should such an attempt be made, the Sponsor reserves the right to seek damages to the fullest extent permitted by law.
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Privacy & Security: Daniel Stark will never request private or protected information such as credit card numbers or SSN. Please verify the legitimacy of the website you are viewing by ensuring “danielstark.com” is included in the URL at the top of the screen. If an account or website posing as Daniel Stark asks for sensitive information, do not engage.
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Limitation of Liability: By entering the Giveaway you agree to release and hold harmless Daniel Stark and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers and directors from any liability, illness, injury, death, loss, litigation, claim or damage that may occur, directly or indirectly, whether caused by negligence or not, from (i) such entrant’s participation in the Giveaway and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof; (ii) unauthorized human intervention in any part of the Giveaway; (iii) electronic or human error in the administration of the Giveaway or the processing of entries; (iv) technical errors of any kind, including but not limited to the malfunction of any computer, cable, network, hardware, or software, or other mechanical equipment; (v) the unavailability or inaccessibility of any transmissions, telephone, or Internet service; (vi) printing errors; (vii) lost, late, postage due, misdirected, or undeliverable mail.
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Dispute: This Giveaway is governed by the laws of the United States, without respect to conflict of law doctrines. By participating in this Giveaway, you agree that any and all disputes that cannot be resolved between the parties, and causes of action arising out of or connected with this Giveaway shall be resolved individually, without resort to any form of class action, exclusively before a court located in the United States having jurisdiction. Further, in any such dispute, under no circumstances shall You be permitted to obtain awards for, and hereby waives all rights to, punitive, incidental, or consequential damages, including reasonable attorney’s fees, other than actual out-of-pocket expenses (i.e. costs associated with entering the Giveaway). You further waive all rights to have damages multiplied or increased.
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Acceptance of Rules: By participating in the Giveaway, you have affirmatively reviewed, accepted, and agreed to all Official Rules, Terms and Conditions.
