`OFFICIAL POP UP SHOP 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 ENTRY METHOD UP TO A MAXIMUM OF FOUR (4) ENTRIES PER PERSON.
- Entry Period: The Pop Up Shop Sweepstakes (the “Sweepstakes”) begins at 12:00 AM Central Time on December 12, 2021 and ends at 1:00 PM Central Time on December 18, 2021 (the “Entry Period”).
- Entry Deadline: The deadline to submit an entry is 4:00 PM Central Time on December 17, 2021.
- Eligibility: The Sweepstakes is open to all legal residents of the U.S. (including the District of Columbia), 18 years of age or older (“Entrant(s)”), or the applicable legal age of majority in the Entrant’s state of residence, if greater than 18. Employees of the sponsor, Rare Candy Auctions, Inc. (“Rare Candy” 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: During the Entry Period, you may enter the Sweepstakes by using one of the methods as follows:
Automatic Entry with Unsuccessful Drop Entry
Eligible Entrants will automatically receive one entry in the event such Entrant signs up for the Neo Genesis Booster Pack, Neo Discovery Booster Pack, Neo Destiny Booster Pack, Neo Destiny Booster Pack, or Celestial Storm Booster Pack (7 Packs), but is not selected to purchase (each, a “Drop Loss Entry”).
Automatic Entry with Successful Drop Entry
Eligible Entrants will automatically receive one entry in the event such Entrant signs up for the Neo Genesis Booster Pack, Neo Discovery Booster Pack, Neo Destiny Booster Pack Neo Destiny Booster Pack, or Celestial Storm Booster Pack (7 Packs) and is selected to purchase (each, a “Drop Win Entry”).
Except as otherwise set forth in these Official Rules, Entrants are limited to one entry per method during the Entry Period, and a maximum of four (4) total entries. Entrants must provide truthful information when entering the Sweepstakes; the Sponsor may reject and delete any entry found to be false or fraudulent, as determined by the Sponsor.
Entrants must submit all information required at entry, which may include first and last name, telephone number, email address, home address, and/or date of birth. Entry must include the Entrant’s first and last name and a postal address to which the prize can be mailed.
Entries will be deemed made by the authorized account holder of the email address, as applicable, submitted at the time of entry. The authorized account holder is the natural person who is assigned to the email address by an Internet access provider, online service provider or other organization that is responsible for assigning the email address, or the domain associated with the submitted email address. Multiple Entrants are not permitted to share the same email address or account. Individual Entrants may not submit entries from more than one email address. 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 receipt.
To enter without making a purchase, submit a 3x5 postcard by mail to Rare Candy Auctions, Inc. 2150 W Northwest Hwy #114-1176 Grapevine, TX 76051. Any postcard entry must include the Entrant’s first and last name and residential address (no P.O. boxes), handwritten and as they appear on Entrant’s government identification. MAIL ENTRY MUST BE RECEIVED BY THE END OF THE ENTRY PERIOD AND POSTMARKED AT LEAST SEVEN DAYS PRIOR. Entrants entering via this method will receive one entry per postcard submitted, up to a maximum of four total entries. In the event an Entrant submits multiple entries via this method, the first such entry received will be considered a Drop Loss Entry, and the second such entry received will be considered a Drop Win entry. 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.
All entry information we receive is subject to our Privacy Notice, located at https://drop.party/rare-candy/privacy-notice/index.html (the “Privacy Notice”) and by entering, you acknowledge that you have read and understood the Privacy Notice.
By submitting any entry in this Sweepstakes, each Entrant agrees that Sponsor may name entrant on Sponsor’s social media page(s), website, or in announcements and media related to the Sweepstakes.
LIMIT ONE (1) ENTRY PER METHOD UP TO A MAXIMUM OF FOUR (4) ENTRIES PER PERSON. FOR PURPOSES OF THIS SWEEPSTAKES, EACH DROP LOSS ENTRY, DROP WIN ENTRY, OR MAIL ENTRY SENT IN ACCORDANCE WITH THESE OFFICIAL RULES CONSTITUTES ONE (1) ENTRY.
Entry information may be shared with Rare Candy 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 Rare Candy 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, Rare Candy 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 Rare Candy which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes, Rare Candy 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, Rare Candy reserves the right to seek full prosecution and/or damages from any such individual to the fullest extent permitted by law. Rare Candy’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 one (1) prize awarded to one person (the “Winner”). The prize will be in the form of a trip to the Leonhart 90’s Pop Up Shop, which has a value of approximately $2,000. This will include (all at Rare Candy Auctions, Inc.’s sole discretion) a two (2) night stay at a hotel, airplane tickets to and from Dallas, reimbursement for UberX to and from the airport to the hotel, and to and from the hotel to the Leonhart 90’s Pop Up Shop event. It will also include $200 in reimbursement for food. The prize will be awarded during the week following the close of the Entry Period.
- Odds of winning depend on the number of eligible entries received via each method of entry.
- 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 item listed above.
- By accepting a prize, Winner agrees to release Rare Candy 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:
- Winners will be randomly selected as follows:
- One Winner will be selected from all eligible Drop Loss Entries or Drop Win Entries via random drawing conducted on Saturday, December 18th, 2021.
- Winner will be contacted by Rare Candy at the phone number or email provided at the time of entry. Winner will need to provide the Sponsor with Winner’s first and last name and home address to be awarded the prize. Winner will have five business days to claim their prize by providing Rare Candy with such Winner’s name and home address, and completing any verification of identification that Rare Candy may require. In the event a prize is not claimed within five business days, the prize is forfeited and a new winner will be selected. Rare Candy 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 Rare Candy’s control.
- Prior to awarding a prize, Rare Candy 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 Rare Candy 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 Rare Candy’s sole discretion and the prize will be forfeited.
- Participating in the Sweepstakes and accepting a prize constitutes the Winner's permission for Rare Candy 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, Rare Candy 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 Rare Candy, 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 Instagram and Twitter), 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 Delaware, without regard to any choice of law or conflict of law rules (whether of the State of Delaware or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Delaware;
- that any claim or dispute regarding the Sweepstakes or these Official Rules will be resolved in a tribunal in the state or federal courts sitting in the state of Delaware, 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 Winners, 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:
2150 W Northwest Hwy #114-1176
Grapevine, TX 76051