GIVEAWAY RULES

Official Rules

NO DONATION NECESSARY.  A DONATION OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. 

Overview: We (“Softgiving, Inc.”) believe giving should be fun. We provide an online platform that uses the power of community & entertainment to fundraise for amazing causes. One way that we make giving more fun is by offering on-stream “Giveaways” promoted by a Sweepstakes Host through our online platform. Each Giveaway will be available for approximately 10 minutes.  You don’t have to make a donation to enter or win a Giveaway. If you choose to make an optional donation to charity, we give you entries into the Giveaway as a thank you. You can always enter a Giveaway without contributing by completing an online form though the “Enter Without Contributing” link on our Donation Page. These official rules apply to every Giveaway that is run through our platform. We will also provide specific details on the campaign donation page for each Giveaway (“Campaign Giveaway Rules”). 

Eligibility: Charity Giveaway (the “Sweepstakes”) is open only to individuals who are at least eighteen (18) years old at the time of entry.  Employees of Softgiving Inc. (“Sponsor”), Givinga Foundation (“Donations Administrator”), the particular Sweepstakes Host(s), Benefiting Charities, Prize Providers involved in each Giveaway, and their parent and affiliate companies as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible. Each Sweepstakes is subject to all applicable federal, state, provincial, municipal, territorial and local laws and regulations.  It is void where prohibited by law and in all countries/provinces on the United States      list of embargoed countries, countries whose local laws prohibit Giveaways, or where countries require additional permits/registrations that Sponsor does not have, including but not limited to:  Australia, Brazil, Cuba, China, Hong Kong, Hungary, Iran, Iraq, Italy, Kenya, Myanmar, North Korea, Vietnam, Quebec, Portugal, Philippines, Russia, Singapore, Sudan, Sweden, Syria, Saudi Arabia, Thailand, Turkey, United Arab Emirates. If the Sweepstakes offers a prize in excess of $5,000, Sponsor may also exclude the states of New York and Florida and this will be announced on the Campaign Giveaway Rules.     Participation constitutes the entrant’s full and unconditional agreement to these Official Rules. Sponsor’s decisions are final and binding in all matters related to the Sweepstakes. Winning the prize offered for each Giveaway is contingent upon fulfilling all requirements set forth herein.

Sponsor: Softgiving Inc., 101 Marietta Street NW, Suite 2475, Atlanta GA 30303, U.S.A.

Donations Administrator: Givinga Foundation, 396 Washington Street, Suite 307, Wellesley, MA  02481, U.S.A.  Donations Administrator is a 501 (c)(3) charity who will process the donations and make grants to the highlighted benefiting Charity for each Giveaway. These Sweepstakes are in no way endorsed or Sponsored by the streaming channel where the Giveaway was advertised.

Timing:  During each Streaming Event (“Event”) the host of the Event will announce one or more Giveaways, each will be available for a limited time period during the Event (the “Promotion Period”) as published on the Donation Page. Sponsor’s servers are the official time-keeping device for the Sweepstakes.

How to Enter: There are two (2) ways to enter:

1. Make a Donation to the Charity highlighted through the Softgiving Event: During the applicable Promotion period, follow the links and instructions to make a donation to the benefiting Charity. For      donation transactions up to $25, you will automatically receive one (1) entry into the applicable Event Sweepstakes drawing for every dollar donated. For donation transactions      that are $25      or more, you will automatically receive two (2) entries into the applicable Event Sweepstakes drawing for every dollar donated.  For example, a donation of $10 will receive ten (10) entries.  A donation of $25 will receive fifty (50) entries. There is no limit to the amount you can donate; however, an entrant can only earn up to 2,000 Sweepstakes Entries.  NOTE:  All donations are final and non-refundable.  If an entrant disputes charges associated with Donations, all entries associated with the entrant      will be disqualified. Donations are subject to standard payment processing fees. Each Charity will receive donated funds, net of these fees within approximately 30 days, in accordance with its agreement      

2. Enter Without Donation:  On each Campaign donation page, find the “Enter without Contributing” link     and complete the online form, including your name, home address, email address, age, and a variety of marketing questions.  You will automatically receive fifty (50) entries into the applicable Event Sweepstakes drawing.

Limit: Each participant may earn a maximum of two thousand (2,000) entries during the Promotion Period by any combination of entry methods. Multiple entrants are not permitted to share the same email address. Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different Display Names, email addresses, identities, registrations and logins, or any other methods will void that entrant’s entries and that entrant may be disqualified.  Use of any automated system to participate is prohibited and will result in disqualification.  In the event of a dispute as to any registration, the authorized account holder of the email address used to register will be deemed to be the entrant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Each potential winner may be required to show proof of being the authorized account holder. 

 Prize Drawing & Winner Confirmation: Sponsor’s decisions as to the administration and operation of the Sweepstakes and the selection of the potential winners are final and binding in all matters related to the Sweepstakes. Sponsor will randomly select the potential Sweepstakes winner from all eligible entries received during the applicable Promotion Period within one (1) day after the Promotion Period ends. The potential winner will be notified by email soon thereafter. Potential winners will be required to confirm agreement to the Official Rules, including the eligibility requirements as well as provide their name, home mailing address and date of birth for purposes of prize fulfillment within the timeframe provided in the email communication in order to claim the prize. If any potential winner is a resident of Canada or Belgium, he/she will be required to answer a time-limited skill-testing question without assistance, in order to be eligible to receive a prize. For all potential winners who are not U.S. residents, such potential winners may be required to also complete and return an IRS Form W8-Ben.  If the prize value is equal to or greater than $600 USD, potential U.S. winner (parent/legal guardian if a winner is a minor in his/her place of residence) will be required to sign and return a Declaration of Compliance, Liability Waiver and where not prohibited, a Publicity Release (“Declaration”), which must be received by Sponsor within five (5) days of the date notice or attempted notice is sent, in order to claim his/her prize. If the potential winner cannot be contacted, fails to sign and return any requested information within the required time period (as applicable), fails to answer the skill-testing question correctly (if applicable), or prize is returned as undeliverable, potential winner forfeits the prize. In the event that the potential winner forfeits the prize or is disqualified for any reason, Sponsor will award the 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. Prizes will be fulfilled approximately 10 weeks after the conclusion of each Promotion.

 Prizes: There will be one (1) prize offered for each Sweepstakes. The details of the prize and its approximate retail value (“ARV”) will be published on the Donation Page while the promotion is live. Winner will have the option to accept a “cash” option that will be fulfilled as a PayPal payment. The PayPal payment amount will be announced on the Donation Page and will always be less than the value of the prize offered. Winner will be responsible for providing a valid PayPal account in order to receive this prize. Prize is non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize for one of equal or greater value if the designated prize should become unavailable, is subject to restrictions in winner’s jurisdiction, or cannot be shipped to the potential winner for any reason. Each winner is responsible for all taxes and fees associated with prize receipt and/or use. Odds of winning the prize depend on the number of eligible entries received during the applicable Promotion Period.  Limit: of one (1) prize per person per calendar year.

 S. Tax Liabilities: All prizes offered are subject to U. S. taxes, for both U.S. residents and non-U.S. residents. U.S. winners are responsible for payment of all taxes. Where the prize awarded to a U.S. resident is equal to or exceeds $600, Sponsor will issue an IRS Form 1099 reporting the retail value of the prize awarded.  Where a physical prize is awarded to a non-U.S. resident, Sponsor will gross up the value of the prize and remit this additional amount to the IRS (U. S. Tax authority) to satisfy the 30% withholding requirement.  Where the winner receives a PayPal payment as a substitute prize, Sponsor will award 70% of the value of the prize advertised to the winner and remit the remaining amount on behalf of the winner to the IRS to satisfy the IRS withholding requirement.  Sponsor will issue IRS Form 1042 to each non-U.S. winner reporting the total value of the prize.

Release: By receipt of any prize, each winner agrees to release and hold harmless Sponsor, Sweepstakes Host(s), Benefiting Charities, Prize Providers, Facebook Inc., Twitch, Inc, Google LLC, or any other streaming channel used to advertise the Sweepstakes, Donations Administrator and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Sweepstakes or receipt or use or misuse of any prize.

Publicity: Except where prohibited, participation in the Sweepstakes constitutes each winner’s consent to Sponsor’s and its agents’ use of winner’s name or Display Name, likeness, photograph, voice, opinions and/or hometown and state or province for promotional purposes in any media, worldwide, without further payment or consideration.

General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, if any fraud, technical failures, human error, or any other factor impairs the integrity or proper functioning of the Sweepstakes, or any event or cause beyond Sponsor’s control (e.g. events such as natural calamities, national emergencies, wide spread illnesses, declarations of war, acts of God, acts of terrorism) interferes with any aspect of the Sweepstakes, including but not limited to fulfillment of the prize(s), as determined by Sponsor in its sole discretion. In such event, Sponsor, in its sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance and may modify the prizes offered herein. 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 the Sweepstakes or to be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages 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. 

Limitations of Liability: The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Sweepstakes; (4) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; (5) late, lost, undeliverable, damaged or stolen mail; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes or receipt or use or misuse of any prize. If for any reason an entrant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Sweepstakes, if it is possible.  If the Sweepstakes, or any part of it, is discontinued for any reason, Sponsor, at its discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein.  No more than the stated number of prizes will be awarded.  In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims.

Disputes: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Eastern District of Michigan (Southern Division) or the appropriate Michigan State Court located in Oakland County, Michigan U.S.A.; (2) 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 (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, 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. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Michigan, U.S.A. without giving effect to any choice of law or conflict of law rules (whether of the State of Michigan or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Michigan.

Entrant’s Personal Information: If you choose to enter a giveaway, you agree to ourPrivacy Policyand Terms of Service.

Winner List: For a list of winners, please contact winner@softgiving.com within 3 months of promotion. Sponsor will provide first initial, last name, and geolocation for requested Promotion.       

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