Digital Promotions General Rules
1. General Rules. These rules apply generally to any sweepstakes promotion (“Promotion”) sponsored by Mov, Inc. (“Sponsor”) that is conducted through its Mov app, administered in the United States and where the prize value is $5,000.00 or less. These rules are supplemental to information accompanying each specific Promotion which may contain additional pertinent information. Any Promotion that does not fit the above-referenced criteria will contain a link to special terms and conditions (“Specific Promotion Page”).
2. Promotion Dates: All Promotions shall include a “start” and “end” date on the Specific Promotion Page. All entries must be received by the end date and time to be eligible to win. Unless otherwise noted on a Specific Promotion Page, each Promotion shall start at 12:01pm (noon) Eastern Time (ET) on the date indicated on the Specific Promotion Page and end at 11:59am two days later, according to Sponsor’s internal ET time clock (the “Promotion Period”). Sponsor is not responsible for any misdirected or otherwise late entries.
Sponsor: All Promotions are sponsored by Mov, Inc., 16192 Coastal Hwy, Lewes, DE 19958.
3. Additional sponsors, if any, will be noted on the Specific Promotion Page, and unless otherwise stated, such parties shall collectively be referred to as “Sponsor.”
4. Odds. The odds of winning the item offered by the celebrity or athlete featured on the Specific Promotion Page (“Prize”) will depend upon the number of eligible entries received during the applicable Promotion Period.
5. Eligibility: Unless otherwise noted on a Specific Promotion Page, Promotions are open to persons over the age of 18 who are current U.S. residents living in the 50 U.S. States, and excluding Puerto Rico, the U.S. Virgin Islands, U.S. Military installations in foreign countries, and all other U.S. territories and possessions and where restricted or prohibited by law (and “Entrant”). Entrants must have a mobile phone with an iOS operating system that also allows access to the Internet. Employees of Sponsor, its advertising and promotion agencies, and any other entities participating in the design, promotion, marketing, administration or fulfillment of any Promotion, as well as each parent corporation, subsidiary and affiliated company and their immediate families (defined as spouse, mother, father, sisters, brothers, sons, daughters, uncles, aunts, nephews, nieces, grandparents and in-laws, regardless of where they live) and members of their households (whether or not related), are ineligible to participate in any Mov, Inc. Promotion.
6. How to Enter: To enter any Promotion to win an advertised Prize, follow these instructions:
1. Download the Mov app (“App”), available through the Apple App Store. This App is currently only available for use with mobile devices that use the iOS platform, such as the iPad or iPhone. Once downloaded, follow the prompts to register. You will be asked for your name and mobile phone number.
2. Once registered, Entrants can make a donation of $1.00 or more to any ongoing Promotion, and a portion of that donation will go to the charity selected. Game tickets (“Tickets”) can be purchased in packages as low as $1 per ticket and once purchased will be placed in the Entrant’s account. Tickets do not expire. Once a purchase is made, entrants will receive a digital prize of a digital poster from the athlete delivered to their mobile phones in the Redeem section of the application.
3. Tickets are deposited immediately after the completed transaction. Once Tickets have posted to an account, Entrants may allocate them to any active Promotion. One Ticket constitutes one entry.
4. To enter without making a payment, use the referral button in the App to refer Sponsor’s App to a friend. Each referral will earn one Ticket.
7. Winner Selection and Notification. Within 24 hours of the end of a Promotion Period for any Promotion, Sponsor will select a winner in a random drawing from among all eligible entries received. The selected winner (“Selected Winner”) will be contacted through the App, and subject to verification of eligibility and compliance with these terms and conditions, will be awarded the prize. Sponsor shall have no liability for a Selected Winner failing to receive notices due to security settings or other challenges specific to Selected Winner’s phone, internet connection, or for failure to maintain current versions of Sponsor’s App.
8. Prizes: Information about the Prize will be available on the Specific Promotion Page. The Average Retail Value (“ARV”) is listed as the approximate retail value of the Prize if it were new. If the Prize is a custom-made item, the ARV is based upon the closest available product at retail. In the event the Prize has been sold in an after-market sale prior to being available in the Promotion, the ARV will be the last sold price. There is no assessed value ascribed to the Prize based upon the celebrity who owned it. Selected Winners shall not be entitled to any price differential between the actual retail value of any prize and the ARV listed on the Specific Promotion Page. Other prize information, if any, shall be disclosed on the Specific Promotion Page. Prizes shall be offered and delivered in “as is” condition with no warranties. In most cases, the Prize is not new, and may have been worn and/or used one or more times, including used in game play. Prizes may have discoloration, scuffs, tears, and wear consistent with professional game play and no Prize is represented as being in mint condition.
9. Claiming Prize: Except where prohibited, Selected Winner may be required to execute a Declaration of Eligibility, a Liability Release a Publicity Release, a W-9 form, and a Tax Acceptance Form (“Declaration/Release”). Selected Winners may be required to show proof of their age before being awarded a prize. A Selected Winner who does not respond to the prize notification within the specified time period will forfeit the Prize. Any documents supplied to a Selected Winner must be signed and returned by the date and/or time indicated within such documents, except where prohibited. If a Selected Winner fails to sign and return such documents within that time, or if such person is found to be ineligible or does not comply with the Official Rules, that Selected Winner may be disqualified and an alternate Entrant may be selected , up to one additional time, in Sponsor’s sole discretion. If a Prize (such as event tickets) is time sensitive, such information will be listed on the Specific Promotion Page, and the applicable Selected Winner may have fewer than 24 hours to respond to Sponsor’s prize notification.
10. Prize Conditions: Winning a prize is a taxable event. Taxes, if any, are the sole responsibility of Selected Winner, and a Selected Winner may be issued an IRS Form 1099 for the ARV of any awarded prize. Selected Winners waive the right to assert as a cost of winning a Prize any and all costs of verification and redemption to redeem said Prize and any liability which might arise from redeeming or seeking to redeem said Prize. All federal, state or other tax liabilities (including income taxes) arising from any Specific Promotion will be the sole responsibility of each Selected Winner who accepts a Prize. Except where prohibited by law, a Selected Winner’s entry and acceptance of the Prize constitutes permission for Sponsor and/or any related or affiliated companies (collectively “Promotion Entities”) to use that person’s name on the App, on air, and in some cases, his or her photograph, likeness, statements, biographical information, voice, and city and state address for promotional or advertising purposes in connection with Sponsor generally.
11. Promotion Conditions: This Promotion is subject to all applicable federal, state and local laws of the United States. By participating, Entrants agree to be fully and unconditionally bound by these Official Rules and the decisions of the Sponsor and waive any right to claim ambiguity in the Promotion or these Official Rules. Entrants also agree to release, discharge, indemnify and hold harmless the Sponsor(s) and each of the respective officers, directors, employees, representatives and agents from and against any claims, damages, disability, attorneys’ fees, and costs of litigation and settlement, as well as any liability due to any injuries, damages or losses to any person (including death) or property of any kind resulting in whole or in part, directly or indirectly, from (i) redemption, acceptance, possession, ownership, misuse or use of any prize or participation in any Promotion-related activity or participation in a Promotion, or (ii) printing, distribution or production errors. Sponsor or its affiliates may rescind any promotion found to contain such errors without liability at its sole discretion. Sponsor makes no warranty, representation or guarantee, express or implied, in fact or in law, relative to the use of any prize, including, without limitation, quality, merchantability or fitness for a particular purpose (unless sponsor provides the prize winner with written warranties). Further, no responsibilities are accepted for any additional expenses, omissions, delays or acts of any government or authority. Void Where Prohibited.
12. Charity: Sponsor does not have a contractual relationship with any charity. Charities that may benefit from a Promotion are selected by the celebrity or athlete providing the Prize in any Promotion. Sponsor is responsible for the minimum amount listed on the Specific Promotion Page to be paid to the celebrity or athlete for transmission to the charity or paid directly to charity as directed by celebrity/athlete. Sponsor makes commercially reasonable efforts to verify, but does not guarantee, that charities chosen by celebrities/athletes are 501(c)3 public benefit corporations in good standing.
13. Restrictions: Prizes consist of only the advertised item or items specifically described on the Specific Promotion Page. Sponsor may at Sponsor’s sole and absolute discretion provide different prizes of equal or greater value. Sponsor shall not be liable to any Selected Winner or any person claiming through such winner for failure to supply the prize or any part thereof, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulations(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, war (declared or undeclared), fire, flood, epidemic, pandemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal) labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, cancellation or postponement of any concert or other event, or any other cause beyond Sponsor’s sole control.
14. Limitations of Liability: Neither the Promotion Entities nor Sponsor are responsible for: (1) lost, late, misdirected, undeliverable or incomplete entries due to system errors or failures, or faulty transmissions or other telecommunications malfunctions and/or entries; (2) technical failures of any kind; (3) failures of any of the equipment or programming associated with or utilized in the Promotion; (4) unauthorized human and/or mechanical intervention in any part of the entry process or the Promotion; (5) technical or human error which may occur in the administration of the Promotion or the processing of entries; (6) misprints or typographical errors related to these rules or any Promotion or (7) 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 Promotion or receipt or use 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 Promotion, and only if the Promotion has not ended. Sponsor may prohibit an Entrant from participating in the Promotion or winning a prize if, in its sole discretion, it determines that said Entrant is attempting to undermine the legitimate operation of the Promotion by cheating, hacking, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other Entrants or Sponsor’s representatives. If for any reason any Promotion is not capable of running as planned, including, but not limited to, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, or any other causes beyond the reasonable control of Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of the affected Promotion, then Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend all or any part of that Promotion and to select a potential winner from among all eligible entries received by Sponsor up until the time of such cancellation, termination, modification or suspension, as applicable. Caution: any attempt by an Entrant to deliberately damage the website or undermine the legitimate operation of the promotion may be in violation of criminal and civil laws and should such an attempt be made, sponsor reserves the right to seek civil and/or criminal prosecution and damages (including attorneys’ fees) from any such Entrant to the fullest extent of the law.
15. Jury Trial Waiver: Except as prohibited by law and as a condition of participating in this Promotion, Entrant hereby waives any right he/she may have to a trial by jury in respect of any litigation directly or indirectly arising out of, under or in connection with this promotion, any document or agreement entered into in connection herewith and any of the transactions contemplated hereby or thereby.
17. Rules and Winners List: For a copy of the Official Rules, log onto the Specific Promotion page prior to the end of the Specific Promotion and follow the link. For the name of the prize winner (first initial, last name); please find the list in the Discover tab in the application. Winners lists becomes available after prize is awarded in Specific Promotion, and lists remain active for at least 120 days.