ZENTERPRIZE CHILDFUND DRAW FOR HOPE SWEEPSTAKES
OFFICIAL RULES
NO PURCHASE, PAYMENT, OR DONATION NECESSARY TO ENTER OR WIN. MAKING A PURCHASE PAYMENT, OR DONATION OF ANY KIND WILL NOT INCREASE YOUR CHANCE OF WINNING A PRIZE. VOID WHERE PROHIBITED BY LAW.
YOUR ENTRY IN THIS SWEEPSTAKES MEANS THESE OFFICIAL RULES FORM A BINDING LEGAL CONTRACT, SO READ THEM CAREFULLY BEFORE PARTICIPATING. WITHOUT LIMITATION, THIS CONTRACT PROVIDES FOR YOUR INDEMNIFICATION OF THE OPERATOR AND OTHER PARTIES, THE WAIVER OF THE RIGHTS TO PARTICIPATE IN A CLASS ACTION OR A JURY TRIAL, AND A REQUIREMENT THAT MOST DISPUTES WILL BE SETTLED BY MANDATORY BINDING ARBITRATION.
1. Eligibility.
The Zenterprize ChildFund Draw for Hope Sweepstakes (the “Sweepstakes”) is a weekly sweepstakes open only to legal residents of the 50 United States and the District of Columbia (excluding Oregon) who, at the time of entry, are at 18 years of age and the age of majority in their local jurisdiction. Void where prohibited by law. Employees of ChildFund International USA (“ChildFund”) or Operator (defined below), or any organization or company and its relevant subcontractors, which ChildFund appoints to market and promote the Sweepstakes, and the immediate family (spouse, parents and stepparents, siblings and stepsiblings, and children and stepchildren) and household members (people who share the same residence at least three (3) months out of the year) of each such employee are not eligible. The Sweepstakes is subject to all applicable federal, state, and local laws and regulations. Participation constitutes entrant’s (“Entrant”) full and unconditional agreement to these Official Rules and Operator’s decisions, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon selected Entrant fulfilling all requirements set forth herein.
2. Operator.
Operator: Zenterprize Inc., 600 B Street, Suite 300, San Diego, CA 92101. ChildFund is not a sponsor or operator of the Sweepstakes.
3. Sweepstakes Entry Period.
The first Sweepstakes Entry Period shall begin on Monday May 24, 2021 at 12:01 a.m. Eastern Time (“ET”) and end on Monday May 31, 2021 at 11:59 p.m. ET (the “First Sweepstakes Entry Period”). Subsequent Sweepstakes Entry Periods shall begin every Tuesday at 12:01 am ET and end the following Monday at 11:59 p.m. ET (each a distinct “Sweepstakes Entry Period”) until terminated by Operator. Operator is the official time keeper for each Sweepstakes.
4. How to Enter the Sweepstakes.
There are three (3) ways to enter the Sweepstakes.
(i) Make a Donation to ChildFund Through the Zenterprize ChildFund Draw for Hope Website: During the applicable Sweepstakes Entry Period, to receive one (1) entry in a Prize Draw (defined below) and subsequent applicable Prize Draws thereafter: (a) go to the Sweepstakes website a childfunddrawforhope.org (the “Site”); (b) once you land on the Site, click on the link provided and make a monetary donation; (c) select if you would like your credit card to be charged monthly, quarterly, bi-annually, or annually (d) complete the registration information requested, including your name, valid email address, and address; and (e) submit such information. The period of time between a monthly/quarterly/bi-annual or annual donation and the next respective monthly/quarterly/bi-annual or annual donation due date shall be referred to herein as a “Donation Period.” In the case of a monthly donation the Donation Period will usually have four (4) or five (5) Sweepstakes Entry Periods and in the case of a quarterly donation the Donation Period will usually have twelve (12) or thirteen (13) Sweepstakes Entry Periods. To illustrate further:
- If you make a monthly donation, you will be entered into the corresponding four (4) or five (5) Prize Draws, depending on the number of Prize Draws in the applicable Donation Period, for each Sweepstakes Entry Period for the applicable Donation Period;
- If you make a quarterly donation, you will be entered into the corresponding thirteen (13) Prize Draws for each Sweepstakes Entry Period for the applicable Donation Period;
- If you make a bi-annual donation, you will be entered into the corresponding twenty six (26) Prize Draws for each Sweepstakes Entry Period for the applicable Donation Period; and
- If you make an annual donation, you will be entered into the corresponding fifty two (52) Prize Draws for each Sweepstakes Entry Period for the applicable Donation Period.
Monthly donation example:
Donation of $13 per month starting on May 15, 2021.
The Donation Period is May 15, 2021 until June 15, 2021
You will be entered into the five (5) Prize Draws for the Sweepstakes Entry Periods between May 15, 2021 and June 15, 2021.
Annual donation example:
Donation of $156 per annum starting on May 15, 2021.
The Donation Period is May 15, 2021 until May 15, 2022 next year
You will be entered into the fifty two (52) Prize Draws for the Sweepstakes Entry Periods between May 15, 2021 and May 15, 2022.
Your donation will not increase your chances of winning. 100% of your donation will go to ChildFund to support its charitable mission to help deprived, excluded and vulnerable children have the capacity to improve their lives and the opportunity to become young adults, parents and leaders who bring lasting and positive change in their communities. Learn more at www.childfund.org. Donations are not refundable unless there was an error in processing by Operator. A donation is an irrevocable transfer of an asset solely for charitable purposes where donor has no expectation of consideration.
(ii) Refer-a-Friend: During the applicable Sweepstakes Entry Period, to receive one (1) entry in a Sweepstakes Entry Period after you have made a donation, invite one (1) eligible friend to make a donation by sending them your unique referral link. You will receive one (1) entry in the applicable weekly Prize Draw if your friend makes a donation using your referral link. You will continue to receive referral entries in applicable weekly Prize Draws (subject to Maximum Number of Sweepstakes Entries) if you continue to be eligible through donating. Only one (1) referral link is issued per donor which shall remain valid as long as you remain an active donor to ChildFund.
(iii) Alternate Method of Entry:
To obtain one (1) entry in five (5) Sweepstakes Entry Periods without making a donation, hand print on a 3” x 5” piece of paper your name, address, phone number, email address, and mail it postage prepaid to: ChildFund Draw for Hope, 600 B Street, Suite 300, San Diego, CA 92101. Limit one (1) entry request per separately mailed outer envelope. To be eligible for the applicable Sweepstakes, envelope must be postmarked by the Sweepstakes Entry Period deadline and received by Operator within four calendar days. Mail-in entry card and envelopes must be hand printed by the Entrant only and each request must be mailed individually. Any electronic or bulk shipments of entries are void and will not be processed. Every valid mail-in entry will be entered into the Prize Draws for the following five (5) corresponding Sweepstakes Entry Periods.
5. Maximum Number of Sweepstakes Entries.
Limit of five (5) entries per person per Sweepstakes Entry Period, regardless of entry method. Entries beyond the permitted number are void.
6. Sweepstakes Winner Selection.
Within one week of the end of each Sweepstakes Entry Period, Operator will select seventy-six (76) potential Prize winners (“Potential Prize Winner(s)”) in a random drawing among all valid entries received during the applicable Sweepstakes Entry Period on the applicable Friday (each a “Prize Draw”). The first Sweepstakes Prize Draw shall take place on Friday June 11, 2021. Subsequent Prize Draws will take place every Friday. Operator will contact the Potential Prize Winner(s) using the email address the Potential Prize Winner(s) used to enter the applicable Sweepstakes. Odds of winning a Prize depends on the number of eligible entries received during the applicable Sweepstakes Entry Period.
7. Prizes.
First Prize: There is one (1) First Prize available in each weekly Sweepstakes. The verified First Prize winner in each weekly Sweepstakes will receive $500 USD.
Second Prize: There are seventy-five (75) Second Prizes available in each weekly Sweepstakes. Each Second Prize winner in each weekly Sweepstakes will receive $10 USD.
All expenses and costs not expressly listed in these Official Rules are the sole responsibility of the verified Prize winner(s) (“Verified Prize Winner(s)”). Verified Prize Winner(s) will be responsible for all other expenses relating to the receipt and use of the Prize. Prizes are non-transferable. Operator reserves the right to substitute the Prize, in whole or in part, for one of equal or greater value. All federal, state, and local taxes are solely the responsibility of Verified Prize Winner(s). Odds of winning any Prize depend on the number of valid and eligible entries received during the applicable Sweepstakes Entry Period. Subject to Verification of Potential Prize Winners, Prizes shall be mailed directly to the address on file of the Verified Prize Winner within ten (10) working days of receipt of any required Affidavit. Operator is not responsible for any change of email address and/or mailing address of Entrants, nor is Operator responsible for any lost or damaged mail.
8. Verification of Potential Prize Winners.
POTENTIAL PRIZE WINNER(S) ARE SUBJECT TO VERIFICATION BY OPERATOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE SWEEPSTAKES. Any Potential Prize Winner must continue to comply with all terms and conditions of these Official Rules and winning is contingent upon fulfilling all requirements. Operator may run a background check on any Potential Prize Winner(s). The Potential Prize Winner(s) may be required to execute and return to Operator for its receipt within five (5) business days of notification, an Affidavit of Eligibility, Release of Liability and Publicity Release (where permitted by law) (collectively, the “Affidavit”) in order to claim his/her Prize. Operator may, but is not obligated to, exercise its rights under such Affidavit. In the event: (a) Potential Prize Winner cannot be reached for whatever reason after a reasonable effort has been exerted or the Potential Prize Winner notification or Affidavit is returned as undeliverable; (b) Potential Prize Winner declines or cannot accept, receive or use the Prize for any reason; (c) of noncompliance with the above or within any of the aforesaid time periods; (d) Potential Prize winner is found to be ineligible to enter the Sweepstakes or receive the Prize; (e) Potential Prize Winner cannot or does not comply with the Official Rules; or (f) Potential Prize Winner fails to fulfil the Affidavit-related obligations, the Potential Prize Winner shall be disqualified from the Sweepstakes and an alternate Potential Prize Winner may be selected, at Operator’s sole discretion, from among the other eligible entries received. Operator reserves the right to modify the notification and Affidavit procedures in connection with the selection of alternate Potential Prize Winner, if any. Verified Prize Winner(s) will be solely responsible for all applicable federal, state and local taxes on Prize(s) and may receive an IRS Form 1099 for the retail value of the Prize and must provide Operator with a valid social security number if requested for tax reporting purposes.
9. Entry Conditions and Release.
By entering, each Entrant agrees to: (a) comply with and be bound by these Official Rules and the decisions of the Operator and/or its designee(s) which are binding and final in all matters relating to these Sweepstakes; (b) release and hold harmless Operator and ChildFund, and the respective parent, subsidiary and affiliated companies or entities of each, the Prize suppliers and any other organizations and/or persons responsible for sponsoring, fulfilling, administering, advertising or promoting the Sweepstakes (“Service Provider(s)”), and all of the respective past and present officers, directors, employees, agents and representatives of Operator, ChildFund and Service Provider(s) (collectively, the “Released Parties”) from and against any and all claims, expenses and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a Entrant’s entry, creation of an entry or submission of an entry, participation in the Sweepstakes, acceptance or use or misuse of Prize (including any travel or activity related thereto) and/or the broadcast, exploitation or use of entry; and (c) indemnify, defend and hold harmless the Released Parties from and against any and all claims, expenses, and liabilities (including reasonable attorneys’ fees) arising out of or relating to an Entrant’s participation in the Sweepstakes and/or Entrant’s acceptance, use or misuse of any Prize.
The Released Parties are not responsible for: (a) any incorrect or inaccurate information, whether caused by Entrant, or programming associated with or used in the Sweepstakes; (b) technical failures of any kind, including but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (c) unauthorized human intervention in any part of the entry process or the Sweepstakes; (d) technical or human error, which may occur in the administration of the Sweepstakes or the processing of entries; or (e) 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; or (f) entries, prize claims or notifications that are lost, late, incomplete, illegible, unintelligible, damaged or otherwise not received by the intended recipient in whole or in part due to computer, human or technical error of any kind, including but not limited to, by reason of unauthorized human intervention, spam filters privacy settings, inactive email accounts or entrant’s failure to monitor its email account. 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. No more than the stated number of Prizes will be awarded. If, for any reason, the Sweepstakes cannot be executed as planned, including, but not limited to, any governmental order, epidemic or pandemic, force majeure, social media mandate, printing, administrative or other error of any kind, transmission failure, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Operator that corrupt or affect the security, administration, fairness, integrity or proper conduct of the Sweepstakes, or if the Sweepstakes is compromised or becomes technically corrupted in any way, electronically or otherwise, Operator reserves the right, in its sole discretion, to cancel, modify or terminate the Sweepstakes and, if terminated before the original end date, to select the winners from among all eligible, non-suspect entries received through both entry methods combined as of the date/time of termination.
10. Publicity.
Except where prohibited, participation in the Sweepstakes constitutes each Verified Prize Winner’s consent to Operator and its agents’ use of each such winner’s name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, including but not limited to social media, publications and winners’ lists, worldwide, without further payment or consideration.
11. General Conditions.
When entering the Sweepstakes, you agree to receive email communications from Operator, unless you opt-out from email communications, in which case you will only be contacted by email to notify you of winning a prize. All entries become the sole and exclusive property of Operator and will not be acknowledged or returned.
Operator reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures or any other factor beyond Operator’s reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Operator in its sole discretion. Operator 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 these Official Rules 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, Operator reserves the right to seek damages from any such person to the fullest extent permitted by law. Operator’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. In the event that Operator experiences a technical failure during admission of the Sweepstakes that causes the Sweepstakes to be suspended, Operator shall select a winner(s) by random drawing from all valid entries received up to the point of the technical failure.
In the event of a dispute regarding the identity of any Entrant, the authorized account holder of the email address used to enter the Sweepstakes 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. Potential winner(s) of any Prize may be required to show proof of being the authorized account holder to be awarded the Prize. All entry information becomes the sole and exclusive property of Operator and will not be returned or cancelled. Information will be used in accordance with the privacy policies of Zenterprize and ChildFund.
12. Limitations of Liability.
BY ENTERING THE SWEEPSTAKES, ENTRANT AGREES THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE(S) AWARDED WILL BE LIMITED TO ACTUAL, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED, TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; AND (2) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED. SOME JURISDICTIONS DO NOT ALLOW THE FOREGOING LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
FOR CALIFORNIA ENTRANTS: EACH ENTRANT UNDERSTANDS AND AGREES THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY OF THE UNITED STATES ARE HEREBY EXPRESSLY WAIVED BY HIM/HER AGAINST THE RELEASED PARTIES. SECTION 1542 READS AS FOLLOWS:
“CERTAIN CLAIMS NOT AFFECTED BY A GENERAL RELEASE. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
13. BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER.
Except where prohibited by law, as a condition of participating in this Sweepstakes, each Entrant agrees as follows:
Binding Arbitration Agreement. Except as otherwise stated below, any and all legal issue, claim or dispute arising out of or connected or related in any way to the Sweepstakes, including but not limited to Prize awarded, shall be resolved through final, binding arbitration. Entrant specifically agrees that, except as otherwise provided herein, entry into the Sweepstakes waives all rights to bring a lawsuit based on such claim(s) or dispute(s) and the right to have such lawsuit resolved by a judge or a jury.
This Arbitration Agreement shall be governed by the Federal Arbitration Act, (9 U.S.C. § 1 et seq.). Any arbitration will be commenced and administered by JAMS under the rules of JAMS, including JAMS Consumer Arbitration Minimum Standards https://www.jamsadr.com/consumer-minimum-standards/. If JAMS’ criteria are met by the nature of the dispute, the Entrant agrees that the arbitration shall be conducted under JAMS Streamlined Arbitration Rules & Procedures https://www.jamsadr.com/rules-streamlined-arbitration/. Judgment upon any arbitration award may be entered in any court of appropriate jurisdiction.
Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. However, if Entrant is unable to pay JAMS’ costs, Operator will pay all arbitration fees and expenses. If JAMS is unavailable, unwilling, or otherwise unable to administer an arbitration in accordance with these rules, then another arbitration administrator will do, to be selected by agreement of the parties.
Neither Entrant nor Operator shall be permitted to obtain awards, and all parties hereby waive all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than Entrant’s actual out-of-pocket expenses (i.e., costs associated with participating in this Sweepstakes). The parties further waive all rights to have damages multiplied or increased.
The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon both you and us. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, except that this sentence shall not apply to the Class Action Waiver provisions described below. The arbitrator will render a decision in writing. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator’s decision/award. This Arbitration Agreement will survive the termination of your relationship with us.
Excluded Disputes. Notwithstanding the binding arbitration requirement set forth in this section, Entrant may bring qualifying claims in small claims court so long as the matter remains in such court and advances only on an individual, non-class, non-representative basis.
Class Action Waiver. To fullest extent permitted by applicable law, you and we agree to bring any claim or dispute, whether in arbitration, or court as permitted by these terms, ON AN INDIVIDUAL BASIS ONLY, AND NOT AS A CLASS ACTION OR COLLECTIVE ACTION. There shall be no right or authority for any claim or dispute to be brought, heard or arbitrated as a class or collective action (“Class Action Waiver”). The arbitration will decide the rights and liabilities, if any, of you and us. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity. Regardless of anything else in this Arbitration Agreement and/or the applicable JAMS rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator. This Class-Action Waiver will survive the termination of your relationship with us.
One-Year Time Limit to Raise Disputes or Claims. You agree that any dispute, claim or lawsuit, regardless of form, that may arise out of or related to the Sweepstakes, must be filed within ONE (1) YEAR of the action, omission, event or occurrence giving rise to the dispute, claim(s) or lawsuit. After the expiration of the one-year period, such dispute, claim(s) or lawsuit will be time-barred and prohibited, without regard to any longer period of time which may be provided by any period of limitation or pursuant to law or statute.
Waiver of Jury Trial. BOTH ENTRANT AND OPERATOR HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, except as provided herein. We are instead mutually electing that all disputes, claims, or requests for relief shall be resolved by arbitration under this Arbitration Agreement, except as specified herein. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
Location of Arbitration. Entrant may choose to have the arbitration conducted by video conference technology such as zoom, or based on written submissions. Otherwise, the location of the arbitration proceeding shall take place in the city or state where Entrant resides, unless each party to the arbitration agrees otherwise, or at another mutually agreed upon location.
14. Governing Law.
These Official Rules and any disputes between us shall be governed by the laws of the State of New York without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.
15. Severability.
In the event any provision of these Official Rules is determined to be void or unenforceable, such determination shall not affect the remainder of these terms, which shall continue to be in force.
16. Entrant’s Personal Information.
When registering for the Sweepstakes, you expressly agree to receive email promotional communications from Operator unless and until you opt-out at any time. Information collected from Entrants is subject to and governed by the Operator’s Privacy Policy, which is available at www.zenterprize.us/privacy-policy/ and ChildFund’s Privacy Policy, which is available at https://www.childfund.org/globalassets/uploaded-files/newcf/homepage/privacypolicy.pdf. If you are selected as a Potential or Verified Prize Winner, your name, city and state may also be included in a publicly available Winners’ List.
17. Sweepstakes’ Results.
For Sweepstakes results of Verified First Prize Winners, send a hand-printed, self-addressed, stamped envelope to: “Winner’s List” c/o Zenterprize ChildFund Draw for Hope, 600 B Street, Suite 300, San Diego, CA 92101. You must identify the applicable Sweepstakes Entry Period for which you are requesting the list of Verified Prize Winners on the front of the envelope. Requests for a Winner’s List must be received by Operator within 60 calendar days after the end of the applicable Sweepstakes Entry Period.
Questions? Please email us at hello@zenterprize.us