UNSPEAKABLE BIRTHDAY GIVEAWAY RULES
OFFICIAL 2022 UNSPEAKABLE’S BIRTHDAY GIVEAWAY SWEEPSTAKES RULES
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. LIMIT ONE (1) ENTRY PER PERSON. THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH YOUTUBE.
- Entry Period: The 2022 Unspeakable’s Birthday Giveaway Sweepstakes (the “Sweepstakes”) begins at 12:00 AM Central Standard Time Monday, December 5th, 2022 and ends at 11:59 PM Central Standard Time Monday, December 5th, 2022 (the “Entry Period”).
- Entry Deadline: The deadline to submit an entry is 11:59 PM Central Standard Time Monday, December 5th, 2022.
- Eligibility: The Sweepstakes is open to all legal residents of the U.S., 13 years of age or older (or the age of eligibility imposed by applicable law in the entrant’s jurisdiction, if higher), excluding Rhode Island, New York and Florida; provided, however, that employees of the sponsor, Unspeakable Media, LLC (“Unspeakable” or, the “Sponsor”), and its parents, subsidiaries, affiliates, Sweepstakes advertising or promotional partners (if any), and members of their immediate families or persons living in the same household are ineligible. This Sweepstakes is subject to all applicable federal, state, and local laws and regulations. Void outside the United States and where prohibited. Entrants who do not meet the eligibility requirements will be disqualified and unable to win.
- Entry Method: Entrants may enter using either of the two (2) methods of entry listed below during the Entry Period.
Automatic Merchandise Purchase Entry
Eligible Entrants will automatically receive one entry per person for a merchandise purchase from Sponsor’s website at www.unspeakable.com during the Entry Period. An Eligible Entrant may have no more than one eligible entry for the purposes of this Sweepstakes.
Standard messaging and data rates apply to any use of a mobile device to enter the Sweepstakes. You may be charged by your wireless carrier for accessing Unspeakable’s YouTube channel, website or social media, or otherwise participating in the Sweepstakes using a mobile device. Check your wireless carrier’s pricing plan before using your mobile device to participate in this Sweepstakes. Not all mobile devices offer wireless internet access and such service may not be available in all areas.
Unspeakable is not responsible for technical outages, delays, or malfunctions of any kind, including those related to the Internet, cell phone service, or computer failures. Accordingly, Unspeakable is not responsible for errors or data loss of any kind, lost or unavailable Internet connections, failed, incomplete, garbled or deleted computer or network transmissions, inability to access any website or online service, any other error or malfunction, late, lost, illegible or misdirected entries, or for printing errors in any advertisement, entry form or rules.
To enter without making a purchase, submit a 3x5 postcard by mail to Unspeakable Media, LLC, 2211 Rayford Rd. Ste. 111 #444, Spring, TX 77386. Any postcard entry must include the entrant’s first and last name, email address and residential address (no P.O. boxes), handwritten and as they appear on Entrant’s government identification. MAIL ENTRY MUST BE POSTMARKED BY THE END OF THE ENTRY PERIOD. Sponsor is not responsible for lost, late, stolen, damaged, misdirected, illegible, postage-due mail, or human or other error that may occur in the receipt or processing of a mail entry. Proof of mailing or attempting to submit an entry is not considered proof of delivery or receipt. Sponsor reserves the right, in its discretion, to disqualify any entry deemed false, fraudulent or deceptive.
General Entry Provisions
Entries submitted will not be acknowledged or returned. Use of any device to automate entry is prohibited. Proof of submission of an entry shall not be deemed proof of Sponsor’s receipt.
By submitting any entry in this Sweepstakes, each entrant agrees that Sponsor may name entrant on Sponsor’s YouTube channel, social media page(s), website, or in announcements and media related to the Sweepstakes.
LIMIT ONE (1) ENTRY PER PERSON.
Entry information may be shared with Unspeakable and its parents, subsidiaries, affiliates, and advertising and promotional partners (if any), provided that entrants must opt in before they may be contacted with promotional or marketing materials.
Entry materials that have been tampered with or altered are void. If Unspeakable determines, in its sole discretion, that there is any suspected or actual electronic tampering with the Sweepstakes or if technical difficulties compromise the integrity of the Sweepstakes, Unspeakable reserves the right to void the entries at issue and/or modify, suspend or terminate the Sweepstakes. If, for any reason, the Sweepstakes is not capable of running as planned, including because of tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Unspeakable which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes, Unspeakable reserves the right to modify, suspend or terminate the Sweepstakes.
Any attempt by an entrant or any person to deliberately damage any website or social networking site used in the Sweepstakes or to undermine the legitimate operation of this Sweepstakes may be a violation of criminal and civil laws. Should such an attempt be made, Unspeakable reserves the right to seek full prosecution and/or damages from any such individual to the fullest extent permitted by law. Unspeakable’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
- Prizes and Odds of Winning:
- There will be approximately twenty five (25) prizes awarded. Each of the prizes will be in the form of a 100% discount on their merchandise order, including shipping (ranging in value from $5 to $150). Each prize package has a total retail value of approximately $75.
- Odds of winning depend on the number of eligible entries received.
- Prizes cannot be transferred, exchanged or substituted except in the Sponsor’s sole discretion. The Sponsor reserves the right to substitute the prize with a prize of comparable or greater value (as determined by the Sponsor in its sole discretion). The prize is expressly limited to the items listed above.
- By accepting a prize, winner agrees to release Unspeakable and its parent, subsidiary and affiliated entities, advertising and promotional agencies, and their respective parents and subsidiaries, shareholders, directors, employees, agents and representatives from any and all liability, claims or actions of any kind whatsoever for injuries, damages or losses to persons and property which may be sustained directly or indirectly in connection with the receipt, ownership or use of the prize.
- EVERYTHING REGARDING THIS SWEEPSTAKES, INCLUDING ALL PRIZES, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES Of MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
- Winner Selection and Notification:
- Each of the winners will be randomly selected from among all eligible entries via random drawing of all entries received during the Entry Period, such drawing to be conducted within 7 business days after the end of the Entry
- Sponsor shall attempt to contact each winner the email and telephone contact information on their entry. Winners will have 3 business days from the first such attempt to claim their prize by responding to Unspeakable with an e-mail confirming their acceptance and information. The name of each winner may also be posted to Unspeakable’s website and social media channels, with prior approval of the winner. In the event a prize is not claimed within 3 business days, the prize is forfeited and a new winner will be selected. Unspeakable is not responsible for any prize that cannot be awarded or delivered due to entrant’s failure to provide sufficient contact information, acts of God, acts of war, natural disasters, weather, acts of terrorism, malicious mischief, or other factors beyond Unspeakable’s control.
- Prior to awarding a prize, Unspeakable in its sole discretion may require verification of winner’s identification by a showing of valid government-issued photo ID, which may require presentation of a copy of the ID by mail or email, or live presentation of the actual ID in a virtual or in-person meeting in keeping with standards of personal safety. ALL POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THIS SWEEPSTAKES. NO ENTRANT IS A WINNER OF ANY PRIZE UNLESS AND UNTIL NOTIFIED BY SPONSOR THAT VERIFICATION IS COMPLETE.
- Decisions of Unspeakable with respect to winner selection and the awarding of prizes are final and binding when made.
- By entering, each entrant fully and unconditionally agrees to these Official Rules. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
- Payments of all federal, state and local taxes related to acceptance of the prize are solely the responsibility of winner. Winner must execute and return any required IRS form (including IRS form 1099), affidavit of eligibility, liability and publicity release (where permitted by law), or similar document within ten (10) days of notification or winner may be disqualified in Unspeakable’s sole discretion and the prize will be forfeited.
- Participating in the Sweepstakes and accepting a prize constitutes the winner's permission for Unspeakable or its agents to photograph, film, and record winner, and to use his/her name, address (city and state), likeness, photograph, voice, biographical information and/or any statements made by him/her regarding the Sweepstakes or its sponsors for purposes of trade, publicity or Sweepstakes without additional financial or other compensation, and, Unspeakable may, where legal, require a winner to sign a publicity release confirming such consent prior to acceptance of the prize.
- To the fullest extent permitted by law, by participating in the Sweepstakes and/or accepting a prize, you understand and agree: to release and hold harmless Unspeakable, and its parent, subsidiary and affiliated entities, advertising and promotional agencies, any social media platform utilized in the conduct of the Sweepstakes (including but not limited to YouTube), and the officers, managers, members, shareholders, directors, employees, agents, representatives, successors, and assigns of each (collectively, the “Released Parties”) against any and all claims or liability arising directly or indirectly from the Prize or the Sweepstakes. You further understand and agree that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived. You acknowledge that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.
- that the Federal Arbitration Act applies to this agreement, and if the parties are unable to resolve their dispute amicably, it shall be resolved by means of binding arbitration (not in a court of law);
- that any and all disputes, claims, and causes of action arising out of or in connection with this Sweepstakes, or any prizes awarded, shall be resolved individually, without resort to any form of class action (even if the rules and procedures of the arbitration tribunal allow class arbitrations);
- that 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 and under no circumstances will entrants or winners be permitted to obtain awards for attorneys’ fees, and you hereby waive all rights to claim punitive, incidental, or consequential damages, or any other form of damages, other than actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased;
- that any claim or dispute regarding the Sweepstakes or these Official Rules will be resolved pursuant to the laws of the State of Texas, without regard to any choice of law or conflict of law rules (whether of the State of Texas or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Texas;
- that any claim or dispute regarding the Sweepstakes or these Official Rules will be resolved in a tribunal in Dallas County, Texas, and you submit to the jurisdiction of and waive all objections to the jurisdiction or venue of such tribunal; and
- if for any reason a claim or dispute regarding the Sweepstakes or these Official Rules proceeds in court rather than through arbitration, there will not be a jury trial.
The invalidity or unenforceability of any provision of these Official Rules, including but not limited to the agreement to arbitrate, shall not affect the validity or enforceability of any other provision. If any such provision is determined to be invalid or otherwise unenforceable, these rules shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained herein.
- Official Rules and Winner: To obtain a copy of these Official Rules or the identity of the winner, at any time up to the second anniversary of the date the prize is awarded, send a self-addressed, stamped envelope (VT residents may omit return postage) specifying “Official Rules” or “Winner Identification” to:
2022 Unspeakable’s Birthday Giveaway
2211 Rayford Rd. Ste. 111 #444
Spring, TX 77386