Chalkboard Giveaway Promotion Rules (“Official Rules”)
Last Updated: April 17, 2024
The Chalkboard “Social Media Giveaway” Promotion (the “Promotion”) is conducted by Taild Sports, Inc. d/b/a Chalkboard, the operator of “Chalkboard Picks,” provided via the website [www.chalkboard.io] (“Website”) and/or mobile applications (collectively, the “Services”). Offer valid between 08/01/2023 and 12/31/2024 (the “Promotion Period”).
These Official Rules and Chalkboard’s Terms of Service, found at [www.chalkboard.io] (“Terms of Service”), govern your participation in the Promotion. All collection and processing of personal information as part of or in connection with participating in any Promotion is subject to and governed by our Privacy Policy, found at [www.chalkboard.io] (the “Privacy Policy”). By participating in a Promotion, you hereby represent and warrant that you have read and agree to be bound by these Official Rules, the Terms of Service, the Privacy Policy, and any and all other terms and conditions relating to the Promotion. In the event you do not agree to be bound by these Official Rules and/or the Terms of Service, your sole remedy shall be to not access the Promotion and/or to withdraw and discontinue your participation in the Promotion. You expressly agree and acknowledge that any and all dispute between you and Chalkboard regarding the offering of a Promotion and/or your participation in a Promotion shall be resolved in accordance with the provisions contained herein and/or the Terms of Service.
NO PURCHASE OF ANY KIND IS NECESSARY TO PARTICIPATE IN ANY PROMOTION. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. ALL PROMOTIONS ARE VOID WHERE PROHIBITED BY LAW
1. ELIGIBILITY
1.1 Eligible entrants must: (i) be eighteen (18) years of age (unless the applicable age of majority in your state of residence at the time of the entry is higher) or older, (ii) physically located in a jurisdiction where participation in the Promotion is legally permitted as of the date of entry in the Promotion, and (iii) have an active “Chalkboard Picks” account. See our Terms of Service for information on eligibility for creating a “Chalkboard Picks” account. Notwithstanding, Chalkboard reserves the right to limit specific Promotion to entrants located in a particular jurisdiction, in which case only users residing in such jurisdiction at the time of entry may be eligible to participate in the Promotion.
1.2 Chalkboard employees (including, without limitation, part-time or temporary employees), officers, and representatives, Promotion agencies and/or sponsors directly involved in the administration, development, fulfillment and execution of the Promotion, and the immediate family and other household members (i.e., spouses, parents, grandparents, children, grandchildren, roommates, housemates, significant others, partners, and siblings) of any of the above are NOT eligible to enter and/or to win a Promotion.
1.3 Chalkboard reserves the right to ask you at any time to provide us or our designated third party with proof of your age, identity and/or residency in order to participate in any Promotion. You agree, on demand, to present Chalkboard with valid documentation that may enable us to verify your age, identity, and/or residency to our and/or our third party designee’s reasonable satisfaction. If you are unable to provide satisfactory documents, we may exclude you from participation in the Promotion and you may forfeit any privileges or awards that have been allocated to you without compensation of any kind. You hereby irrevocably waive any claims or rights in connection with any such exclusion and/or forfeiture.
2. HOW TO ENTER A PROMOTION
2.1 During the Promotion Period, you can enter the Promotion by using the Services and follow the links and instructions for entering the Promotion. Chalkboard will publish the applicable Promotion Period as part of the description for each Promotion. Please note that the use of the Services, which can be downloaded free of charge, requires an Internet connection and a compatible device. You must enter the Promotion during the Promotion Period in order to be eligible to win applicable prize(s). Chalkboard and/or our affiliates’ systems will be used for determining when the Promotion Period of a certain Promotion has commenced or concluded, and such determination shall not be disputed for any reason. Only entries submitted during the Promotion Period are eligible to participate in the Promotion. Upon completion of entry requirements, you will be entered into the Promotion.
2.2 NO PURCHASE IS NECESSARY IN ORDER TO ENTER INTO A PROMOTION. You may enter into a Promotion by contacting Chalkboard at [[email protected]] during the applicable Promotion Period by providing us with your “Chalkboard Picks” account username and/or evidence of “Chalkboard Picks” contest entry. Upon completion of entry requirements, you will be entered into the Promotion. The email must contain your full name, address, phone number, email address, and date of birth, provided that such valid email (i) is associated with your account registered to use the Services, and (ii) is received by us during the applicable Promotion Period for the relevant Promotion. Each valid email received by us during the applicable Promotion Period will allow you to receive one entry into the applicable Promotion. Any requests for participation that do not comply with the foregoing may be disqualified or void at our sole discretion. No other form or method for submitting an entry will be considered, unless otherwise set forth in the specific Promotion description.
2.3 All requests for entry into a Promotion shall become the exclusive property of Chalkboard and will not be acknowledged or returned. Entries received that are from ineligible entrants and/or do not comply with these Official Rules will be considered void. Entries that are determined to be fraudulent will be considered void, and the person making such entry may be barred from participation in the Promotion and, in Chalkboard’s sole discretion on a case-by-case basis, banned from any future participation in any future Chalkboard Promotions and/or Services. Proof of sending or submission will not be deemed to be proof of receipt. You hereby agree than in no event will you have any claims against us for any requests that were not received or acknowledged by us, for any reason whatsoever, or which were received before or after the Promotion Period for the applicable Promotion.
2.4 Chalkboard reserves the right to prohibit the participation of any individual from any Promotion for any reason, including, without limitation, in the event fraud or tampering is suspected or if the individual fails to comply with any requirement of participation as stated herein or the Terms of Service. Without limiting the foregoing, Chalkboard may lock out any participant who, in Chalkboard’s sole judgment, has been disqualified, has questionable eligibility, or is otherwise ineligible to enter. ANY PERSON WHO DELIBERATELY ATTEMPTS TO UNDERMINE OR INTERFERE WITH THE LEGITIMATE OPERATION OF THE PROMOTION AND/OR ANY SERVICES MAY BE SUBJECT TO CIVIL AND/OR CRIMINAL PENALTY, AND CHALKBOARD RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
2.5 Use of robotic, mechanical or other forms of pre-programmed entry methods is strictly prohibited. Entrants may not use such manipulation tools and Chalkboard reserves the right (in its sole discretion), from time to time, to implement entry processes that may frustrate or prohibit such automated entry; provided, however, that no entrant in any Promotion may rely upon or insist upon Chalkboard’s failure or refusal to take any of the foregoing actions or to determine, in its sole discretion, that one entrant’s entry should be discounted because another entrant’s entry was or vice versa.
2.6 You may not use multiple email addresses, accounts or identities or any other method in order to participate in any Promotion. Any use of automated system or any similar method to participate in any Promotion is strictly prohibited and may result in your disqualification from the Promotion and/or future use of the Services. The person to whom the email address was assigned by the applicable operator shall be deemed as the owner of such email address.
2.7 Chalkboard reserves the right to modify, alter, or change these Official Rules, regulations, and prize amounts of any Promotion at any time in its sole discretion. All changes shall be made known prior to the beginning of a Promotion. You acknowledge that you shall be responsible for staying up to date with any and all changes made to a Promotion. In the event of modifying a Promotion, your continued participation in the Promotion constitutes acceptance of the modified terms.
3. PRIZES
3.1 The manner in which a winner is selected may vary depending on the Promotion, and will detailed in the description for each Promotion or as otherwise posted via our Services. Our decisions regarding the administration and operation of any Promotion, including, without limitation, the selection of potential winners from all eligible participants are final and binding in all matters related to the Promotion. Prizes may vary from one Promotion to another and will be clearly and conspicuously displayed in the description for the applicable Promotion and to users upon entering the Promotion as follows – “Enter and Win up to $X,XXX in Bonus Cash.” Odds of winning any Promotion will depend on the total number of eligible entries received for such Promotion.
3.2 Unless otherwise set forth in the description for a Promotion, all prizes provided to winners for a Promotion are offered as Bonus Cash, which are digital/virtual in nature (“Bonus Cash”), have no "real world" value, and can only be used within the Services. You agree that your use of Bonus Cash shall be governed in accordance with these Official Rules and the Terms of Service. If a prize, or any portion thereof, cannot be granted for any reason, we reserve the right (but not the obligation) to substitute such prize for one of equal or greater value. All prizes hereunder are offered "AS IS" without warranty either expressly or in an implied fashion.
3.3 Unless otherwise set forth in the description for a Promotion, Bonus Cash is valid for ninety (90) days (the “Play Through Period”). For the avoidance of doubt, the Play Through Period is measured as 2160 hours from the time the Bonus Cash is deposited into the user’s account. Failure to use the Bonus Cash before expiration of the Play Through Period will void the reward. Awarded Bonus Cash is non-cashable, non-transferable, non-refundable and cannot be withdrawn. Bonus Cash must be used 1x time. Bonus Cash amount is included in winnings. Winnings generated from the use of Bonus Cash will be transferred to the registered customer’s Withdrawable Cash Balance at which time it may be withdrawn. Bonus Cash may be used in all available “Chalkboard Picks” contests prior to expiration of the Play Through Period.
3.4 You shall be solely responsible for any taxes or fees associated with your receipt of a reward. Any and all taxes on a prize, and any other expenses not explicitly stated herein, are the sole responsibility of the prize recipient.
3.5 Chalkboard will notify each potential winner by sending a notification within the Services or as specified in the description for the Promotion. If a potential winner cannot be contacted within seventy-two (72) hours, or if such winner is otherwise disqualified or does not comply with these Official Rules, the potential winner will be disqualified and forfeit the prize. It is your sole responsibility to notify us in writing if you changed your email address during the Promotion Period. Notwithstanding, no prizes shall be given to any user who is ineligible to participate in the Promotion or fails to comply with these Official Rules, the Terms of Service, or any other rules for participation in the Promotion.
3.6 If any potential winner is required by any applicable law, these Official Rules, and/or by any other rules for any applicable Promotion to comply with additional conditions or requirements in order to participate in the Promotion and receive the prize, such potential winner must fully comply with such requirements within the time set by us before and as a condition to receiving the prize. If a potential winner is disqualified for any reason and/or fails to comply with these Official Rules and/or our Terms of Service, such user shall immediately forfeit any prizes won from participation in the Promotion and we may award the applicable prize to an alternate winner from among the remaining eligible participants, in our sole discretion.
4. LIMITATIONS OF LIABILITY AND RELEASE
4.1 By entering into a Promotion, you agree to release, indemnify, and hold harmless Chalkboard, and its respective parents, subsidiaries, affiliates, distributors, suppliers and advertising, promotional and judging organizations and each of their respective employees, officers, directors, shareholders and agents (collectively, the “Releasees”) from and against any and all claims, expenses, and liability sustained or incurred from participation in any Promotion and the receipt and use of any prize(s) awarded through any Promotion arising in any manner whatsoever, including but not limited to an act or omission, whether negligent, intentional or otherwise, caused by Chalkboard, the Releasees, its affiliates, parents, assigns, successors, employees, agents and all others connected with them and/or any Promotion.
4.2 By entering into a Promotion, your agree to indemnify, defend and hold harmless the Releasees from and against any and all claims, expenses, and liabilities (including reasonable attorneys/legal fees) arising out of or relating to any other user’s participation in the Promotion.
4.3.You agree that the Releasees are not responsible for any incorrect or inaccurate information, whether caused by the Services, other users, or by any of the equipment or programming associated with or utilized in the Promotion and that the Releasees assume no responsibility for (ii) any technical difficulties, technical malfunctions or errors (whether technical or typographical or human) which may occur in the administration of the Promotion and/or the processing of any entries, (ii) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from a user’s participation in a Promotion or receipt or use or misuse of any prize (iii) any error, omission, interruption, deletion, defect, or delay in operation or transmission of any Services, (iv) any computer, telephone, cable, satellite, network, electronic or Internet hardware or software malfunctions or failures, problems with connections or availability, (v) garbled or jumbled transmissions, service provider/Internet/web site/use net accessibility or availability, (vi) traffic congestion, (vii) unauthorized human intervention, or (viii) theft or destruction, tampering, or unauthorized access to entries and/or entry information. If, for any reason, in the sole opinion of Chalkboard, the Promotion is not capable of running as planned by reason of infection by computer virus, worms, bugs, tampering, hacking, unauthorized intervention, fraud, technical failures, system overload or any other causes, whether discovered or suspected by Chalkboard, which, in sole opinion of Chalkboard, does or could corrupt or affect the administration, security, fairness, integrity or proper conduct of the Promotion, Chalkboard reserves the right, at its sole discretion, to cancel, terminate, modify or suspend the Promotion, and/or select the winner(s) from among all eligible entries received for such Promotion prior to the action taken. In the event of termination, suspension or modification of the Promotion, a notice will be posted online.
4.4. IN NO EVENT WILL THE RELEASEES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OTHER THAN YOUR ACTUAL OUT-OF-POCKET EXPENSES ARISING OUT OF YOUR PARTICIPATION IN A PROMOTION. WITHOUT LIMITING THE FOREGOING, THE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED 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 EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS
5. GENERAL
5.1 By participating in any Promotion, each entrant hereby consents to Chalkboard’s usage of any one or more of the following for on-air broadcast, online usage and/or for any other advertising and promotional purpose in any medium whatsoever without payment of any additional consideration: entrant’s name/username; voice; likeness; biographical information; his/her participation in the Promotion; and the substance of the entrant’s entry form or any other Promotion submissions. Each entrant hereby grants Chalkboard a perpetual, unlimited, non-exclusive, royalty free, right and license to use any or all of the foregoing in any manner as determined by us in our sole discretion.
5.2 All Promotions shall be subject to all applicable federal, state, and local laws and regulations, and are void where prohibited or restricted by law.
5.3 Chalkboard reserves the right to: (i) terminate or declare any Promotion null and void and rescind any prize, if in its sole judgment, the rules or the integrity of the Promotion have been violated or compromised in any way, intentionally or unintentionally by any person, whether or not a participant in the Promotion; (ii) alter or amend these Official Rules at any time; and/or (iii) stop or conclude any Promotion at any time without prior notice. Material changes to these Official Rules will be posted on the Website and/or through the Services, when practical.
5.4 The Company reserves the right, at its sole discretion, to investigate and determine whether the User has engaged in promotion abuse on the Company's platform. Promotion abuse includes, but is not limited to, any activity where the User attempts to manipulate or exploit the Bonuses by creating multiple accounts, engaging in fraudulent or artificial activities such as promotion farming, or taking advantage of promotions in a manner inconsistent with the intended spirit and purpose of such promotions. In the event that the Company reasonably suspects that the User has engaged in promotion abuse or any other activity that violates the terms and conditions of Bonuses, the Company may, without limitation, exercise its right to claw back or recoup the value of such Bonuses from the User's account. The Company's decision to claw back or recoup Bonuses shall be final and binding. In addition to clawing back Bonuses, the Company may, at its sole discretion, disqualify the User from participating in ongoing or future promotions and suspend or terminate the User's account. Such actions shall be taken in accordance with applicable laws and regulations.
5.5 Chalkboard shall be the sole arbiter in all matters relating to any Promotion and the interpretation of these Official Rules and the Terms of Service. The decisions of Chalkboard will be final as to all matters, including, without limitation, whether any entry submitted is valid or not. Entry into any Promotion constitutes agreement by entrants to abide by these Official Rules and the Terms of Service, as well as any other rules established by Chalkboard.
6. SPONSOR
All Promotions offered by the and through the Services are sponsored by Taild Sports, Inc. If you have any questions regarding the operation or offering of any Promotion, please contact us at [[email protected]].