Jackpocket Live Sweepstakes (2023-2024 Campaign)
NO PURCHASE, DONATION, PAYMENT OR ATTENDANCE NECESSARY TO ENTER OR WIN. LIVE REVEAL FOR ENTERTAINMENT PURPOSES ONLY. DO NOT ENTER WITHOUT READING THESE OFFICIAL RULES AND THE APPLICABLE SWEEPSTAKES RULES (AS DEFINED BELOW) IN FULL.
A PURCHASE, DONATION OR PAYMENT WILL NOT IMPROVE YOUR CHANCES OF WINNING. ATTENDANCE AT OR PARTICIPATION IN LIVE REVEAL WILL NOT IMPROVE YOUR CHANCES OF WINNING. OPEN ONLY TO NATURAL PERSONS WHO ARE LOCATED IN ONE OF THE PARTICIPATING JURISDICTIONS (AS DEFINED BELOW) AND MEET THE ELIGIBILITY REQUIREMENTS SET FORTH BELOW. VOID WHERE PROHIBITED, OUTSIDE THE UNITED STATES, AND OUTSIDE THE PARTICIPATING JURISDICTIONS.
BY ENTERING, YOU AGREE TO THESE OFFICIAL RULES AND THE APPLICABLE SWEEPSTAKES RULES, WHICH INCLUDE A CLASS ACTION WAIVER AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
WITHIN TWO BUSINESS DAYS, ALL PROCEEDS FROM EACH INDIVIDUAL SWEEPSTAKES (AS DEFINED BELOW) WILL GO TO OUR CHANGE FOUNDATION, A SECTION 501(c)(3) CHARITY (THE “DONOR FUND”), WHICH SHALL USE NET PROCEEDS TO MAKE DISBURSEMENTS TO THE CHARITIES SPECIFIED IN THE SWEEPSTAKES RULES FOR SUCH SWEEPSTAKES. EACH SPECIFIED CHARITY SUPPORTS ONE OR MORE CAUSES, INCLUDING BUT NOT LIMITED TO, CHARITABLE, RELIGIOUS, EDUCATIONAL, SCIENTIFIC, LITERARY, TESTING FOR PUBLIC SAFETY, FOSTERING NATIONAL OR INTERNATIONAL AMATEUR SPORTS COMPETITION, PREVENTING CRUELTY TO CHILDREN OR ANIMALS, OR ANY OTHER CHARITABLE CAUSE, AND SHALL BE A NON-PROFIT ORGANIZATION RECOGNIZED BY THE INTERNAL REVENUE SERVICE (I.R.S.) IN THE UNITED STATES AS EXEMPT FROM FEDERAL INCOME TAX PURSUANT TO 26 U.S.C. § 501(c)(3) (COLLECTIVELY, THE “CHARITIES”, AND EACH, A “CHARITY”). IN THE EVENT ANY CHARITY’S TAX-EXEMPT STATUS IS REVOKED DURING THE CAMPAIGN, THE DONOR FUND MAY EXERCISE ITS VARIANCE POWER TO DISTRIBUTE PROCEEDS ORIGINALLY ALLOTTED TO THE ORIGINALLY NAMED CHARITY TO ANOTHER CHARITY THAT IS EXEMPT UNDER SECTION 501(c)(3) AND HAS A MISSION SIMILAR TO THE ORIGINALLY NAMED CHARITY. THE DONATIONS MADE IN CONNECTION WITH THE CAMPAIGN MAY OR MAY NOT BE TAX DEDUCTIBLE, AND IT SHALL BE EACH PARTICIPANT’S (AS DEFINED BELOW) RESPONSIBILITY TO DETERMINE THE TAX CONSEQUENCES OF SUCH DONATION. CONSULT A TAX PROFESSIONAL.
Each distribution from the Donor Fund to a selected Charity is equal to at least 30% of each Donation Increment (as defined below), and is made on a periodic basis (e.g., daily, monthly, quarterly) as determined by each Charity. Following the distribution to the Charity, the Donor Fund retains its administrative fee and the remaining funds are paid to the Sponsor as professional fundraiser fees, which are used to pay for expenses across all of the Campaign, including prize overhead and to pay for various operating and marketing costs and expenses. To learn more about the Sponsor’s charitable fundraising compliance, visit: https://jackpocket.com/tos/our-change-foundation/.
Campaign; Sweepstakes; Drawings. The Jackpocket Live Sweepstakes 2023-2024 Campaign (the “Campaign”) is made up of multiple sweepstakes (each a “Sweepstakes”) conducted from July 1, 2023 to June 30, 2024. Each Sweepstakes constitutes and will be administered as a separate activity consisting of one or more drawings (each, a “Drawing”, and multiple Drawings, “Drawings”). Individuals who enter a Sweepstakes receive one or more Entries (as defined below) into each Drawing in that Sweepstakes.
Sweepstakes Rules. The Prize, Number of Winners, Entry Period, Drawing Date, Donation Increment, Entry Maximum, and Participant Maximum (all of which are defined below) for each individual Sweepstakes’ Drawing(s), as well as the Charity that will receive net proceeds from the Donor Fund and any other relevant terms, including terms that deviate from these Official Rules (the, “Official Rules”), will be described in Sweepstakes-specific rules (each, a “Sweepstakes Rules”). Each Sweepstakes Rules will be available to view prior to entering such Sweepstakes.
Eligibility. Each Sweepstakes is open only to natural persons (excluding individuals referenced in the “Sponsor” paragraph below) who, at the time of entering a Sweepstakes, (i) are physically present in one of the “Participating Jurisdictions”, as defined in the applicable Sweepstakes Rules, (ii) are at least the minimum age set for the Participating Jurisdiction where they are physically present, as described in the applicable Sweepstakes Rules (such minimum age not to be less than eighteen (18) years old), and (iii) have an active Jackpocket account that is not locked, excluded, inactive or otherwise not in good standing. To enter any Sweepstakes and/or participate in any Drawing, you must also be capable of complying with any restrictions or requirements for specific prizes. Void outside of the Participating Jurisdictions, and where prohibited. This Campaign and all Sweepstakes and Drawings are governed by these Official Rules and the applicable Sweepstakes Rules, and are subject to all applicable federal, state, and local laws and regulations. In order to enter a Sweepstakes, you must have the following versions of the Jackpocket mobile application (the “App”) for iOS or Android, as applicable, installed: Jackpocket Android Version 2.15.8 or higher, or Jackpocket iOS Version 2.15.9 or higher.
Sponsor. The Campaign, and each Sweepstakes and Drawing sponsor is Jackpocket Gives LLC (“Sponsor”), PO Box 3985, New York, NY 10185. Sponsor, the Donor Fund, or any named Charity and each of its affiliates, subsidiaries, successors, assigns, agents, and any entity involved in the development, production, implementation, administration, judging or fulfillment of any Sweepstakes or Drawing, and their respective representatives, officers, directors, shareholders, members and employees (collectively, the “Released Parties”), including without limitation, the immediate family and/or household members of such individuals, are not eligible to participate in any Sweepstakes or Drawing.
Entry Period. The time period during which you can enter a Sweepstakes and receive one or more Entries into each Drawing in that Sweepstakes (the “Entry Period”) and the time at which the drawing occurs to determine the Winner (as defined below) of any Drawing (with such time, the “Drawing Date”) are both disclosed in the Sweepstakes Rules for the applicable Sweepstakes and Drawing. All times listed are Pacific Time (“PT”). The Sponsor’s database computer is the official timekeeping device for all Sweepstakes and Drawings. Each “day” for purposes of these Official Rules and the Sweepstakes Rules is measured by PT.
How to Enter. During the Entry Period, there are two methods to enter a Sweepstakes (each, an “Entry Method” and collectively, the “Entry Methods”), both of which occur through the App; provided that entry into a Sweepstakes is only possible if such Sweepstakes has not reached its Participant Maximum, to the extent there is a Participant Maximum for such Sweepstakes, as detailed in the applicable Sweepstakes Rules. Upon completing the steps in one of the Entry Methods for a Sweepstakes, you become a “Participant” in the applicable Sweepstakes and you receive one or more Entries into each Drawing in that Sweepstakes. You may only receive one or more Entries into a Drawing when initially entering the Sweepstakes of which the Drawing is a part, regardless of the Entry Method. You cannot receive one or more Entries into one or some, but not all, of a Sweepstakes’ Drawings.
Here are the Entry Methods:
Enter with Donation Via App (the “Donation Method”): First, if you’re a new user, download and open the App and create a Jackpocket account, and if you’re an existing user, open the App and login to your Jackpocket account; second, navigate to the Jackpocket Live page in the App; third, tap “Donate and Enter” for a Sweepstakes; and fourth, make a donation to the Donor Fund for the benefit of the applicable Charity for the applicable Sweepstakes. Every “Donation Increment”, as defined in the applicable Sweepstakes Rules, is a donation to the applicable Charity and is equal to one (1) entry into each Drawing in that Sweepstakes (each, an “Entry”, more than one Entry, “Entries”, and each person receiving an Entry or Entries, an “Entrant”). For illustration purposes only, if the Donation Increment for a Sweepstakes is four dollars ($4) and you donate $4, you will receive one Entry per Drawing in the applicable Sweepstakes. In this illustration, if you donate $12, you will receive three Entries per Drawing in the applicable Sweepstakes. For each Sweepstakes, you can only make donations that will qualify you for Entries into that Sweepstakes’ Drawing(s) upon initially entering for such Sweepstakes. As indicated above, for new users, making a donation will require downloading the App, opening and creating an account, and funding the account prior to making a donation. All use of the App is subject to its general terms and conditions at jackpocket.com/tos (the “TOS”).
Enter for Free (the “Free Method”): You may also enter a Sweepstakes and receive Entries into each Drawing(s) in that Sweepstakes for free, without any donation, by doing the following: First, if you’re a new user, download and open the App and create a Jackpocket account, which is free to do, and if you’re an existing user, open the App and login to your Jackpocket account; second, navigate to the Jackpocket Live page in the App; third, either (i) tap “Rules”, or (ii) tap ‘Donate and Enter’ for a Sweepstakes and then tap “See Sweepstakes Rules”; and fourth, follow the instructions to enter without donation, including completing the webform located there with the following information: full name, mailing address and the email address you used to create your Jackpocket account, and the number of Entries you would like in each Drawing in the applicable Sweepstakes, up to the Entry Maximum, as detailed in the applicable Sweepstakes Rules. IMPORTANT: The first name, last name, email address and zip code that you enter in the webform MUST EACH match the first name, last name, email address and zip code, respectively, that you used to create your Jackpocket account. If the first name, last name, email address and zip code do not ALL match, then you will not receive any Entries for the Sweepstakes’ Drawing(s) for which the webform was completed. Upon successful completion of the four steps noted above, you do not need to fund your Jackpocket account in order to enter a Sweepstakes during the Entry Period and receive Entries into the Sweepstake’s Drawing(s), and creating a Jackpocket account is free.
ENTRIES AWARDED IN CONNECTION WITH DONATIONS ARE ISSUED ON A GRATIS BASIS AND ARE NOT OFFERED BY SPONSOR OR ANY OF ITS AGENTS OR AFFILIATES FOR SALE OR PURCHASE, NOR MAY THEY OTHERWISE BE SOLD. SUCH ENTRIES WILL ONLY BE AWARDED THE FIRST TIME YOU COMPLETE ONE OF THE ENTRY METHODS FOR AN INDIVIDUAL SWEEPSTAKES.
All required information for the Entry Methods (each, a “Submission”) must be completed in full and received by Sponsor to be considered valid. Proof of delivery will not be deemed as proof of valid entry. Any attempted form of entry other than the Entry Methods is void. Entries in violation of these Official Rules or the applicable Sweepstakes Rules will be disqualified. As determined by Sponsor, any Submission that includes illegal, false, or fraudulent information, obscenities, objectionable material, or which defames or invades the publicity or privacy rights of any person, living or deceased, or otherwise infringes upon any third party’s personal or proprietary rights or publicity rights, will be disqualified. Submissions that are incomplete, illegible, or corrupted are void and will not be accepted. Normal time, toll, connection and usage rates, and postal charges (if any), charged by your Internet service provider or post operator will apply. By entering the Sweepstakes, you acknowledge that you have read, accepted, and agreed to all terms and conditions set forth in these Official Rules and the applicable Sweepstakes Rules.
Limitations on Entries. TO THE EXTENT THERE ARE ANY LIMITS ON THE NUMBER OF ENTRIES PER PARTICIPANT PER DRAWING (AN “ENTRY MAXIMUM”) OR ON THE NUMBER OF PARTICIPANTS PER SWEEPSTAKES (A “PARTICIPANT MAXIMUM”), SUCH LIMITS WILL BE DESCRIBED IN THE APPLICABLE SWEEPSTAKES RULES. Any attempt to obtain more than the stated limit on Entries by any means, including but not limited to use of multiple accounts, identities, email addresses or otherwise is grounds for disqualification. Each individual must obtain his/her own Entries. No third-party entering or entering through any sweepstakes or drawing service is permitted. Use of robotic or any other automated means of entering is strictly prohibited.
Winners and Prize. The number of Winners chosen (the “Number of Winners”) and the prize awarded to such Winner(s) (the “Prize”) for each Drawing will be described in the applicable Sweepstakes Rules. Winners are solely responsible for any applicable federal, state, and local taxes as a result of acceptance of the Prize. Sponsor shall provide Winners with applicable tax forms for withholding purposes and Winners must return to Sponsor a W9 or W-8 BEN tax form, as applicable, prior to receiving the Prize, if any such forms are required to be provided by Sponsor. Prizes may be subject to tax withholdings as required by law. Winners are solely responsible for determining Winner’s tax liability that is in addition to or different from that described in this section. No substitution or transfer of the Prize except in Sponsor’s discretion. If a Winner’s Jackpocket account is locked, excluded or otherwise inactive, Winner must reactivate the account to access their Prize, where such reactivation is at the discretion of Jackpocket and in accordance with its TOS.
Conducting the Drawing. Every Sweepstakes has one or more Drawings. The Winner(s) of each Drawing will be selected in a random drawing from among all eligible Entries received for such Drawing during the applicable Entry Period, as detailed in the applicable Sweepstakes Rules (with such process, the “Selection Process” and each winner, a “Winner” and collectively, “Winners”). The random drawing will be conducted by Sponsor at the Drawing Date, which will be disclosed in the Sweepstakes Rules for the applicable Sweepstakes and Drawing.
For each Sweepstakes, there is a live reveal during which the Winner(s) of each of the applicable Sweepstakes’ Drawing(s), as pre-determined in the Selection Process, is revealed (the “Reveal”) for entertainment purposes only. The Reveal is a hosted entertainment program on the App conducted by Sponsor. The Reveal begins at the Drawing Date. The beginning of the Reveal consists of introductory comments by the host; the Selection Process’s random drawing will occur during these introductory comments and will be completed before the pre-determined Winners are revealed during the Reveal. Any elements of the Reveal that resemble the mechanics of any games are merely entertaining simulations to announce the Winner, as pre-determined by the random Selection Process. Viewing the Reveal is entirely optional. To do so, you need a stable network connection and we strongly recommend you are connected to WiFi. THE REVEAL IS FOR ENTERTAINMENT PURPOSES ONLY; NOTHING THAT OCCURS DURING THE REVEAL DETERMINES THE WINNER.
Decisions of the Sponsor are final and binding on all matters relating to each Drawing and these Official Rules and any applicable Sweepstakes Rules. Any Entrant or Winner may be disqualified and forfeit the Prize if they are not eligible or violate a rule, gained unfair advantage in any Drawing, or obtained Winner status using fraudulent means. If there is a dispute about the identity of an Entrant, the Prize will be awarded to the natural person associated with the Jackpocket account for those Entrants who enter via the Donation Method or the email address provided for those Entrants who enter via the Free Method, as applicable. If a Winner is found to be ineligible or not in compliance with the Sweepstakes Rules or these Official Rules, such Winner will be disqualified and an alternate “Winner” of the applicable Drawing will be determined randomly in Sponsor’s sole and reasonable discretion. Each Winner will be notified by email using information associated with their Jackpocket account. Any Prize consisting of Jackpocket account withdrawable credits will be credited automatically to the Jackpocket account of the applicable Winner within three (3) business days after such Winner has been notified or has completed any forms, as described in the next sentence, whichever is later. Each Winner may be required to execute and/or complete applicable tax forms, an Affidavit of Eligibility, a Liability Release, a Publicity Release where permitted, and other applicable forms; failure to comply within three business days when requested may result in disqualification and award of the Prize to an alternate Winner.
Odds. The odds of winning any Drawing will depend on the number of eligible Entries received for such Drawings.
WARNING: ANY ATTEMPT BY ANY PERSON, WHETHER OR NOT A PARTICIPANT OR ENTRANT, TO DELIBERATELY DAMAGE, DESTROY, TAMPER WITH OR VANDALIZE ANY SPONSOR-OWNED WEBSITE OR MOBILE APPLICATION OR RELATED SOCIAL NETWORKING SITE, THE ENTRY PROCESS, OR OTHERWISE INTERFERE WITH OR UNDERMINE THE LEGITIMATE OPERATION OF THE CAMPAIGN, OR ANY SWEEPSTAKES OR ANY DRAWING, MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
Binding Nature, Waiver, Indemnification. By entering any Sweepstakes and/or participating in any Drawing, you agree: (a) to abide by these Official Rules, the applicable Sweepstakes Rules and decisions of the Sponsor; (b) to waive any rights to claim ambiguity with respect to these Official Rules or the applicable Sweepstakes Rules; (c) to irrevocably and unconditionally waive all of your rights to bring any claim, action, or proceeding against any of the Released Parties in connection with the Campaign, or any Sweepstakes or any Drawing; and (d) to forever and irrevocably release and agree to release, defend, indemnify and hold harmless the Released Parties from and against any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, costs, expenses (including, without limitation, reasonable outside attorneys’ fees), that may arise in connection with: (i) the Campaign, each Sweepstakes, each Drawing, or the marketing or advertising thereof, (ii) typographical, translation, or printing errors in these Official Rules, any applicable Sweepstakes Rules or any applicable Campaign, Sweepstakes or Drawing materials, (iii) any change in any Prize (or any components thereof) due to unavailability, or due to reasons beyond Sponsor’s control, (iv) any interruptions in or postponement, cancellation, or modification of the Campaign, any Sweepstakes and/or any Drawing, (v) human error, (vi) incorrect or inaccurate transcription, receipt or transmission of any Entry, (vii) any technical malfunctions or unavailability of any telephone network, computer system, computer online system, computer timing and/or dating mechanism, computer equipment, software, or Internet service provider, or mail service utilized by Sponsor, any of the Released Parties or by you, (viii) interruption or inability to access any online service via the Internet due to hardware or software compatibility problems, (ix) any lost/delayed data transmissions, omissions, interruptions, defects, and/or any other errors or malfunctions, (x) any late, lost, stolen, mutilated, misdirected, illegible, delayed, garbled, corrupted, destroyed, incomplete, undeliverable or damaged Entry, (xi) any wrongful, negligent, or unauthorized act or omission on the part of any of the Released Parties, (xii) any lost, late, stolen, misdirected, damaged or destroyed Prize (or any element thereof), (xiii) the negligence or willful misconduct by you, or (ix) your participation in any Sweepstakes or any Drawing and/or your acceptance, use or misuse of a Prize. To the extent the laws of your jurisdiction limit or do not permit any of the foregoing indemnifications, you agree that the indemnification obligations that are permissible shall apply to the maximum extent permitted by law.
Privacy and Data Collection
Except where prohibited by law, by entering any Sweepstakes and/or participating in any Drawing, you grant Sponsor (which grant will be confirmed in writing upon request of Sponsor) and its designees a perpetual, worldwide, royalty-free license to print, publish, broadcast, and use, worldwide in any media now known or hereafter developed, including, but not limited to, the world wide web, at any time or times your name, photograph, portrait, picture, voice, likeness, biographical information, quotes, and prize information, and any other elements of Winner’s persona without further authorization, compensation, remuneration, permission or notification of any kind for advertising, promotion and other publicity purposes in any and all media now or hereafter known throughout the world, including, without limitation, in social media advertisements and announcements.
Limitation of Liability
The following limitations of liability only apply to the extent permitted by the laws of the jurisdiction of the applicable Participant/Entrant. To the extent any of the following limitations are not permitted under the laws of your jurisdiction, you agree that the remaining portions of these limitations that are permissible shall apply to the maximum extent permitted by law.
The Released Parties are not responsible for illegible, lost, late, incomplete, misdirected, or undeliverable e-mail; or for any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections, or availability, or garbled, corrupt or jumbled transmissions, service provider/Internet/web site/use net accessibility, availability, or traffic congestion, or any technical, typographical, or other error, or unauthorized human intervention, or the incorrect or inaccurate capture of entry information, or the failure to capture, or loss of, any such information. The Released Parties assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, or technical error. If, for any reason an Entry is confirmed to have been erroneously deleted, lost, corrupted, or otherwise destroyed, or for any other reason not accepted as an Entry into a particular Sweepstakes or Drawing, your sole remedy is to receive another Entry into a different Sweepstakes or Drawing. If, for technical reasons or other reasons beyond Sponsor’s reasonable control, any particular Sweepstakes or Drawing is not capable of running as planned, Sponsor reserves the right, at its sole discretion, to modify or suspend such Sweepstakes or Drawing, and randomly select the Winner from valid Entries received prior to action taken, or otherwise as may be deemed fair and equitable by the Sponsor.
The Released Parties are not responsible for lost, late, misdirected, unintelligible, returned or undelivered Entries, telephone calls, text messages, email, or for lost, interrupted or unavailable satellite, network, server, Internet Service Providers (ISP), website, or other connections availability, accessibility or traffic congestion, miscommunications, failed computer, network, telephone, satellite or cable hardware or software or lines, or technical failure, or jumbled, scrambled, delayed or misdirected transmissions, computer hardware or software malfunctions, failures or difficulties, or other errors of any kind whether human, mechanical, electronic or network. Persons who tamper with or abuse any aspect of any Sweepstakes or Drawing, or act in violation of the Official Rules or the applicable Sweepstakes Rules, will be disqualified.
The authorized account holder is the natural person indicated by the information in the corresponding Jackpocket account. In the event of a dispute regarding the identity of the person submitting an Entry, the Entry will be deemed to be submitted by the registered Jackpocket account holder.
The Released Parties make no warranties, and hereby disclaim any and all warranties, express or implied, concerning any Prize furnished in connection with any Sweepstakes or Drawing. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUCH PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW THE RELEASED PARTIES HEREBY DISCLAIM ALL SUCH WARRANTIES.
Disputes and Governing Law. By entering any Sweepstakes and/or participating in any Drawing, you further agree that (a) any and all disputes, claims, and causes of action arising out of or in connection with any Sweepstakes, any Drawing, the Campaign, or any Prize, shall be resolved individually without resort to any form of class action; (b) any claims, judgments and awards shall be limited to reasonable and actual out-of-pocket costs incurred, including costs associated with entering any Sweepstakes and/or participating in any Drawing, but in no event attorney's fees; and (c) under no circumstances will you be permitted to obtain any award for, and you hereby waive all rights to claim punitive, incidental, indirect or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than damages for reasonable and actual out-of-pocket expenses. These rules and any disputes relating hereto are governed by the internal laws of the State of Delaware without regard to principles of conflicts of laws, and by entering, you consent to the exclusive jurisdiction of the state and federal courts in the State of Delaware for resolution of any disputes relating to any Sweepstakes or Drawing, or the Campaign and waive any objection thereto.
Winner’s Name. For a list of the names of any Winners, available approximately fifteen (15) days after the Entry Period closes, please contact Sponsor by email at email@example.com and include the name of the Sweepstakes, the date and time of the Sweepstakes, and which Drawing in your email. All such requests must be received within sixty (60) days after the Entry Period.