AppCash500’s End User License Agreement and Terms of Use
Effective Date: April 10th 2017
1. NO PURCHASE NECESSARY TO DOWNLOAD THE APPCASH500 MOBILE APPLICATION (the “App”). YOUR AGREEMENT AND PARTICIPATION COMES WITH FREE ENTRY INTO OUR SWEEPSTAKES.
2. ELIGIBILITY: The AppCash500 Mobile Sweepstakes (the "Sweepstakes"), which is only available through the App, is open only to legal residents of the 50 United States and the District of Columbia (the “Territory”) who are 18 years of age or older and located in the Territory at the time of entry. Void where prohibited by law. The Sponsor (as defined below) and its respective corporate parents, affiliates, subsidiaries, licensees, distributors, dealers, retailers, printers, advertising and promotion agencies, and any and all other companies associated with the Sweepstakes (collectively, "Sweepstakes Entities"), immediate family members of any Sweepstakes Entities (including parents, spouses, children, and siblings and their respective spouses, regardless of where they reside) and those living in the same household, whether or not related, of any of the above, are not eligible to participate.. The Sweepstakes is subject to all applicable federal, state, and local laws and regulations and is void outside the Territory and where prohibited by law. By participating in this Sweepstakes, entrants agree to abide by and be bound by these Official Rules and any and all decisions of the Sponsor, which shall be final and binding in all matters relating to the Sweepstakes.
3. SPONSOR: The Sponsor of this Sweepstakes is Canicare Inc, a Delaware limited liability company, doing business as AppCash500, with a principal place of business located at 3143 N. Garey Blvd., Pomona, CA 91767 (the "Sponsor"). AppCash500 is the sole owner of the Sweepstakes and the App.
Sponsor is not affiliated with Apple, Inc., the Apple App Store, Google, Inc., or Google Play (collectively, the Third-Party Marketplace Entities). Apart from permitting the App to be sold on their services, the Third-Party Marketplace Entities are neither sponsors of, invested in, or involved in any way with Sponsor’s business, the App, or the Sweepstakes.
4.. SWEEPSTAKES PERIOD: The Sweepstakes begins at 12:00 p.m.. Eastern Time (ET) on DATE HERE. The Sweepstakes contest is intended to be continuous and ongoing.
5. HOW TO ENTER: Preliminarily, if you wish to participate in the Sweepstakes you must (i) download the free App from a participating Third-Party Marketplace Entity and (ii) agree to these Official Rules and all other applicable terms, conditions, and privacy policies. After downloading the App, you may enter into the sweepstake with one free entry (a “Sweepstakes Entry”). Each Sweepstakes Entry is good only for use in one (1) Sweepstakes Entry Pool. Each Sweepstakes Entry expires when its applicable Sweepstakes Entry Pool becomes closed, as described below. You may participate in as many Sweepstakes Entries as you wish. An AppCash500 Souvenir may be purchased on App. Souvenir charges will be deducted from the credit or debit card you have on file with the applicable Third-Party Marketplace Entity (the App Store or Google).
The Sweepstakes cannot be entered in any manner not explicitly described herein. Sweepstakes Entities assume no responsibility for lost, late, incomplete, stolen, or misdirected entries, text messages, email or mail; or for any computer, telephone, wireless, cable, network, satellite, electronic or Internet hardware or software malfunctions, failures, connections, availability, or garbled or jumbled, lost, delayed or dropped transmissions, or for lack of service provider/Internet/web site/usenet/wireless accessibility or availability, for traffic congestion, for unauthorized human intervention or the incorrect or inaccurate capture of an entry or other information, or the failure to capture, or loss of, any such information or for any other errors or problems of any kind relating to or in connection with the Sweepstakes, including, without limitation, any errors or problems which may occur in connection with the administration of the Sweepstakes, the processing of entries, the announcement of the prizes or in any Sweepstakes-related materials.
6. PRIZE: One (1) GRAND PRIZE consisting of five hundred dollars ($500.00), electronics worth $500, or entertainment tickets worth $500 will be awarded for every 1200 Sweepstakes Entries (for each Sweepstakes Entry Pool, as described below)received. Sponsor expressly disclaims any and all liability related to the prize or selection of the prize. Sponsor in no way endorses or ensures the safety of the prize. Upon winning the prize, a check in the amount of the prize will be transferred to the Grand Prize Winner by Federal Express, the U.S. Postal Service, or a similar carrier. The Grand Prize Winner shall be responsible for all taxes and transaction costs associated with prize.
All prize details shall be at Sponsor's sole discretion. PRIZES ARE AWARDED "AS IS" WITH NO WARRANTY OR GUARANTEE, EITHER EXPRESS OR IMPLIED BY SPONSOR. TO THE EXTENT ALLOWABLE BY LAW, SPONSOR EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, NON-INFRINGEMENT, TITLE, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OR TRADE.
SPONSOR MAKES NO WARRANTY THAT:
(A) THE SWEEPSTAKES OR THE APP WILL MEET YOUR REQUIREMENTS; (B) THE SWEEPSTAKES OR THE APP WILL BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS; (C) ANY DATA, MATERIALS, INFORMATION, OR CONTENT OBTAINED FROM THE USE OF THE SWEEPSTAKES OR THE APP OR OFFERED THROUGH THE APP WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY DATA, MATERIALS, INFORMATION, OR CONTENT OBTAINED BY YOU THROUGH THE SWEEPSTAKES OR THE APP OR IN RELIANCE ON SAID DATA OR MATERIALS OBTAINED THROUGH THE APP WILL MEET YOUR EXPECTATIONS.
USE OF ANY DATA, MATERIALS, INFORMATION, OR CONTENT OBTAINED FROM THE USE OF OR OFFERED THROUGH THE SWEEPSTAKES OR THE APP IS DONE AT YOUR OWN RISK. SPONSOR SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY DATA, MATERIALS, INFORMATION, CONTENT, OR SOFTWARE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM SPONSOR OR THROUGH THE SWEEPSTAKES OR THE APP SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Winners are responsible for paying all costs and expenses related to prize acceptance and use not specifically mentioned herein as being provided. There shall be no prize substitution except by Sponsor, who reserves the right to substitute a prize of comparable or greater value, at its sole discretion. Prize is fully transferable to a person chosen by the winner.
7. ODDS OF WINNING: Your odds of winning are approximately the number of Sweepstakes Entries purchased out of 1200.
8. DRAWING: One (1) potential Grand Prize Winner will be selected each time Sponsor receives 1200 new Sweepstakes Entries. Each group of 1200 Sweepstakes Entries shall constitute a Sweepstakes Entry Pool. A Sweepstakes Entry Pool becomes closed to new Sweepstakes Entries (a “closed” Sweepstakes Entry Pool) upon the receipt of the 1200th Sweepstakes Entry in that Sweepstakes Entry Pool. Each potential Grand Prize Winner will be selected by random drawing from all eligible entries within each closed Sweepstakes Entry Pool, under the supervision of the Sponsor. Potential Grand Prize Winners will be notified at the phone number and e-mail they listed when registering with the App. Potential Grand Prize Winners may be required to complete, execute, and return an Affidavit of Eligibility, a Liability Release, a Publicity Release (where lawful), and an Internal Revenue Service W-9 Form within ten (10) days of date of notification. Failure to do so, or if prize notification or prize is returned as non-deliverable, or if Grand Prize Winner is found to be ineligible, or not in compliance with these Official Rules, may result in disqualification and an alternate Grand Prize Winner may be selected from the same Sweepstakes Entry Poolat Sponsor's sole discretion. Where permitted by law, each Grand Prize Winner grants to Sponsor (and agrees to confirm that grant in writing) and those acting pursuant to Sponsor's authority, the right to use in any and all media now known or hereafter devised the winner's name, city and state of residence, voice, likeness, and biographical information for advertising, trade, and promotional purposes without additional consideration, and without notification, approval, or review.
9. GENERAL CONDITIONS: By participating, participants release and agree to hold harmless Sweepstakes Entities and their respective directors, officers, employees, representatives,and agents (collectively, "Released Parties") from any and all liability for any injuries, loss, or damage of any kind to any person, including death, and to any property, arising in whole or in part, directly or indirectly, from acceptance, possession, use,or misuse of a prize, participation in any Sweepstakes related activity, or participation in the Sweepstakes itself.
Released Parties reserve the right, at their sole discretion, to disqualify any individual found, in their sole discretion, to be tampering with the entry process or the operation of the Sweepstakes or the App; to be in violation of any applicable terms, conditions, or privacy policies of the App; to be acting in violation of these Official Rules; or to be acting in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten, or harass any other person. Any use of robotic, automatic, macro, programmed, or like entry methods(collectively, “Prohibited Entry Methods”) shall void all such entries by such methods, and any participant using any such method shall be disqualified. In the event of a dispute as to the identity of an entrant entering via Prohibited Entry Methods, the authorized account holder of the Third-Party Marketplace Account used to enter, if applicable, shall be deemed to be the entrant. Sponsor shall seek to have any fraudulent activities prosecuted to the full extent of the law.
10. LIMITATIONS OF LIABILITY: Released Parties are not responsible for (i) any incorrect or inaccurate information, whether caused by App users, tampering, or hacking, or by any of the equipment or programming associated with or utilized in the Sweepstakes; or (ii) injury or damage to participants' or to any other person's computer related to or resulting from participating in the Sweepstakes or downloading materials from or use of the App. If, for any reason, the Sweepstakes, the App,or any part thereof, is not capable of running as planned by reason of infection by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which, in the sole opinion of Sponsor, could corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Sweepstakes, Sponsor reserves the right at its sole discretion to cancel, terminate, modify, or suspend the Sweepstakes and select winners from all non-suspect, eligible entries received prior to the action taken, or as otherwise deemed fair and appropriate by Sponsor.
IN NO EVENT SHALL RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE SWEEPSTAKES APP. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, AND AS SUCH 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.
All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or rights and obligations of participants and Sponsor in connection with the Sweepstakes, shall be governed by and construed in accordance with the laws of California without giving effect to any choice of law or conflict of law rules or provisions which would cause the application of the laws of any jurisdiction other than the State of California.
11. WINNER'S NAME: For the winner's name, send a self-addressed, stamped envelope to: AppCash500, 3143 N. Garey Blvd., Suite 593, Pomona, CA 91767.