NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT IMPROVE YOUR ODDS OF WINNING.
These Official Rules (the "Rules") apply to all Promotions launched on or after March 3, 2023. These Rules set forth the legally binding terms regarding Promotions on our Site. By entering any Promotion, you ("you" or "User") are accepting these Rules, and you represent and warrant that you have the right, authority, and capacity to agree to these Rules. You may not enter into any Promotion if you do not agree to be bound by these Rules.
1. SITE; PROMOTIONS. Propeller Enterprises ("Propeller") is a California benefit corporation that provides a technology platform to certain non-profits (each, a "Sponsor") to assist such Sponsors with (a) reaching and engaging with current and potential supporters and (b) operating sweepstakes and other promotions.
2. APPLICABILITY OF RULES. These Official Rules (the "Rules") apply to all sweepstakes (each, a "Promotion") offered through Propeller's website (propeller.la) (the "Site"). Each Promotion is sponsored by the Sponsor indicated on the applicable Promotion landing page (as applicable, a "Promotion Page"). A Promotion may be subject to such additional Promotion-specific rules as set forth on the applicable Promotion Page ("Promotion Rules"). VOID WHERE OTHERWISE PROHIBITED OR RESTRICTED BY LAW. ALL FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS APPLY.
3. METHODS OF ENTRY.
a. A User may gain entries for any Promotion by any of the following methods:
i. Redeem points earned on the Site. The number of entries gained for point redemption will be specified on the applicable Promotion Page, and each Sponsor retains the right to set and amend the point-to-entry ratio at any time and from time to time, in its sole discretion. Points may be earned on the Site by taking any actions stated on the Site, including a Promotion Page, which may include, for example only, making a charitable contribution to a Sponsor, watching a video, sharing content on social media, joining a Sponsor's newsletter, etc. (each, an "Action"). For each Action you successfully complete, you will receive the number of points indicated in connection with the Action. You may not complete a particular Action more than once for additional points, unless the Action expressly indicates otherwise. Points earned on the Site are not specific to any Promotion or Sponsor; e.g., you may earn points in connection with a particular Promotion or Sponsor and redeem the same points for entries into a different Promotion. Notwithstanding anything to the contrary herein, points are fungible, have no cash, monetary, or other value, and are only redeemable for entries into Promotions or other prizes or promotions as may be offered on the Site from time to time, subject to these Rules and any applicable Promotion Rules. Propeller may discontinue the offering of Promotions and the ability to redeem points at any time in its sole and absolute discretion. Propeller may also change the number of points earned by any Action or the number of points required to enter a Promotion at any time in its sole discretion.
ii. Mail Entry. Please hand write your full legal name, physical address, email address used for your Propeller account, telephone number, and the name of the Promotion you would like to enter on a 3"x 5" card and mail it in an envelope via U.S. postal service to: Propeller Enterprises ATTN: (name of promotion), PO Box 160491, Nashville, TN 37216. You will receive two hundred fifty (250) entries into the designated Promotion for each properly submitted card. You may not submit more than one card per envelope. Propeller is not responsible for any lost or damaged mail. No hand delivered mail. Any entries received after the end date of a Promotion will not be counted. Any received entries will be added before a winner is selected. You will need a Propeller account to receive your entries.
b. Unless otherwise stated in the applicable Promotion Rules, each User is limited to ten thousand (10,000) entries per Promotion (as applicable, the "Limit"). If a User submits entries to a Promotion in excess of the applicable Limit, all of such User's excess entries to that Promotion will be void, regardless of the method(s) of entry.
c. Any of the following will void all entries from a User and may result in such User's disqualification from all Promotions and/or suspension or termination of a User's account:
i. Use of any robotic, mechanical, automatic, programmed, or similar entry method, including without limitation submission of any copy, facsimile, or other reproduction;
ii. Entering more than the number of times permitted, including without limitation by using multiple email addresses, identities, or devices in an attempt to circumvent the Rules;
iii. Inaccurate, incomplete, or untimely entries, or entries that do not comply with these Rules;
iv. Any violation of the Rules or Propeller's Terms of Service.
4. ELIGIBILITY. Promotions are open only to persons who are at least the age of majority in their jurisdiction of residence (typically 18 years of age) at the time of entry and who are residents of the United States or Canada, unless otherwise stated in any applicable Promotion Rules. Certain Promotions may have additional age restrictions, such as requiring you to be 21 years of age to attend certain events or receive certain items that are offered as a prize. Please refer to additional details on the applicable Promotion Page before entering a Promotion. Prizes will not be awarded to ineligible entrants. Additionally, if the potential winner is a Canadian resident, she or he must correctly answer a mathematical skill-testing question to be eligible to be confirmed the winner. Employees of Propeller and any Sponsor, and any of their respective owners, affiliates, directors, subsidiaries, or franchisees, and their respective immediate family members, are not eligible to participate in any Promotion. All federal, state and local laws and regulations apply. Void where prohibited.
Multiple Participants may not share the same email address. In the event of a dispute as to the identity of any Participant, the authorized account holder of the email address used to enter will be deemed to be the Participant. 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 Winners and/or Winners (as defined below) may be required to show proof of being the authorized account holder.
5. SWEEPSTAKES PERIODS. Unless otherwise stated, a Promotion shall commence at 12:00:01 A.M. Pacific Time ("PT") and end at 11:59:59 P.M. PT on the days specified on the applicable Promotion Page (each a "Sweepstakes Period"). Propeller is the official timekeeper for all Promotions.
6. PRIZES, APPROXIMATE RETAIL VALUE (ARV), AND ODDS OF WINNING.
a. One or more prizes, as described on the applicable Promotion Page, will be awarded on the final day of the Sweepstakes Period of each Promotion. Unless otherwise expressly indicated on the applicable Promotion Page, no Promotion is affiliated with or sponsored, endorsed, or approved by any manufacturer or provider of the prize for such Promotion.
b. The ARV for each prize is listed on the applicable Promotion Page.
c. The odds of winning any Prize will depend on the number of entries received for a Promotion. Each entry shall be equally weighted. Neither Propeller nor any Sponsor makes any warranties concerning any prize.
d. Each prize consists of (i) round trip air travel to Denver International Airport (DEN) on Southwest Airlines® for winner and one (1) guest (subject to Air Travel Restrictions set forth below).
i. Air travel is subject to Southwest Airlines terms and conditions; certain restrictions may apply. Round trip travel for two (2) on Southwest Airlines will be awarded in the form of four (4) Southwest flight e-passes. Each Southwest flight e-pass is valid for one-way travel on Southwest Airlines-operated, published, scheduled service in the United States and Puerto Rico. The Southwest flight e-pass will bear the date of issue and the date of expiration. Expiration dates will not be extended, and travel must be completed on or before the expiration date. The Southwest flight e-pass is not valid on interline or codeshare service. The Southwest flight e-pass is non-refundable and is not redeemable for cash or credit. The Southwest flight e-pass will not be replaced for any reason, including, without limitation, if lost, stolen, or fraudulently used. The Southwest flight e-pass is non-transferrable and cannot be sold to a third party. Sale, auction, or re-tendering of the Southwest flight e-pass for money or otherwise is strictly prohibited. The Southwest flight e-pass may not be used for promotional purposes unless previously approved by Southwest Airlines. Any suspected fraud, misrepresentation, misuse, abuse or violation of the Southwest flight e-pass rules and regulations may result in cancellation of the Southwest flight e-pass(es). Southwest flight e-pass holders are required to be nineteen (19) years of age or older and a legal U.S. resident. However, the recipient of a Southwest flight e-pass may arrange travel for another person if done without selling or bartering a Southwest flight e-pass. Air transportation by Southwest Airlines is subject to Southwest Airlines' Passenger Contract of Carriage set out at www.southwest.com/contractofcarriage. If the winner does not live in a city served by Southwest Airlines, he/she is responsible for transportation to and from the nearest airport served by Southwest Airlines. Winner is responsible for booking all travel and paying all applicable international taxes and fees. Travel is based on seat availability. Seats on any desired flight are not guaranteed. Winner and guest(s) must travel on the same itinerary and are responsible for obtaining all required travel documents. Winner and guest must have valid government-issued photo identification at the time of travel. If the travel guest is a minor, winner must be his/her parent/guardian, or be accompanied by his/her parent/guardian. Each entrant agrees that (i) any and all disputes, claims and causes of action arising out of or in connection with the prize described above for air travel provided by Southwest Airlines or the use thereof shall be resolved individually, without resort to any form of class action, and exclusively governed by, and construed in accordance with, the laws of the State of Texas, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of Texas or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Texas and (ii) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including associated with entering this Sweepstakes, but in no event attorneys' fees. THE EXCLUSIVE JURISDICTION FOR ANY DISPUTE FOR AIR TRAVEL PROVIDED BY SOUTHWEST AIRLINES OR THE USE THEREOF SHALL BE IN THE FEDERAL OR STATE COURTS LOCATED IN DALLAS COUNTY, TEXAS.
7. RANDOM SWEEPSTAKES DRAWINGS. At the end of each Sweepstakes Period, Propeller shall randomly draw one (1) potential winner (a "Potential Winner") from all eligible entries for each prize in a Promotion. The Potential Winner will be awarded the applicable prize pending his or her confirmation and/or verification of his or her eligibility and compliance with these Rules and any Promotion Rules. Propeller shall use a computer-generated method of selection that is designed to ensure that each drawing is conducted completely at random.
8. AWARD OF PRIZE.
a. Potential Winners will be notified via telephone and/or e-mail within ten (10) business days of the close of the Sweepstakes Period ("Prize Notification"). To claim a prize, a Potential Winner must reply to Propeller within the time indicated in the Prize Notification, or Propeller may select an alternative Potential Winner from the remaining Promotion entries.
b. Before awarding a prize, Propeller may require a Potential Winner to furnish proof of identification and other proof of eligibility under these Rules and any applicable Promotion Rules. A Potential Winner will also be required to execute and deliver a tax acknowledgement form and an Affidavit of Eligibility and Publicity Release, pursuant to which a Potential Winner will grant Propeller and the Sponsor certain rights to use his or her name, likeness, photographs, biographical information, and other publicity rights as specified therein. If a Potential Winner's jurisdiction of residence prohibits the conditioning of participation in a Promotion on consent and release regarding publicity, such Potential User must object to Propeller in writing during the Verification Period. Proof of identification may include satisfactory proof that the Potential Winner is the authorized account holder of the email account associated with the winning entry. If multiple persons claim to be a Potential Winner, and a single authorized account holder is unable to be timely verified, the prize will be forfeited.
c. Except if a Potential Winner's jurisdiction of residence prohibits the conditioning of participation on Potential Winner's submission to a background check, Propeller reserves the right to conduct a background check on Potential Winner as a condition of awarding any prize.
d. Except where prohibited by law, regardless of whether a background check is performed, Propeller and Sponsor reserve the right to disqualify a Potential Winner from a Promotion if Propeller and/or Sponsor determine in their sole discretion that Potential Winner's receipt of a prize or publicity in connection with the Promotion could reflect negatively on, or harm the business or reputation of, either Propeller or Sponsor. You agree to reasonably cooperate with Propeller and Sponsor in connection with any such background check.
e. A Potential Winner must execute and return all documents within ten (10) business days from the date they are sent, or the prize may be forfeited (the "Verification Period").
f. If a Potential Winner is found to be ineligible or not in compliance with these Rules or any Promotion Rules, declines to accept the prize, is unable to be reached by Propeller or does not timely respond to Propeller, or in the event that a prize or Prize Notification is returned undeliverable, the Potential Winner will forfeit the prize, and Propeller may, in its sole discretion, select an alternate Potential Winner using the methods described above. Only three (3) alternate drawings will be held, after which the prize will remain un-awarded.
g. Allow at least 8-12 weeks (or in some cases longer, if specified on the applicable Promotion Page) for delivery of prizes, which will be mailed to the address provided by the Potential Winner after Prize Notification.
h. The right to receive a prize is non-assignable, non-transferable and no prize substitution, exchange or cash equivalent will be allowed, except by Propeller, which reserves the right to substitute a prize of equal or greater value in its sole discretion.
i. Federal, state and local taxes, if any, are your sole responsibility. All winners of prizes valued at $600 or more will be issued a IRS Form 1099.
j. If a Prize includes travel, all decisions regarding the itinerary will be made by Propeller at its sole discretion. All expenses not specified on the applicable Promotion Page, including, but not limited to, baggage fees, ground transportation & fuel, meals, beverages, gratuities, incidentals, and taxes, are the sole responsibility of the winner. The winner and any travel companions are solely responsible for satisfying all legally required conditions of travel. The winner and any travel companions must travel on the same itinerary and from the same departure location. If the winner lives within a 150-mile radius of the location where the prize is to take place, Propeller reserves the right to provide ground transportation instead of airfare (if airfare is offered as part of the applicable prize).
k. Any unused portions of a prize are not transferable or exchangeable and cannot be redeemed as cash.
9. TAX DEDUCTIBILITY. UNLESS OTHERWISE NOTED IN PROMOTION RULES, SPONSORS ARE NON-PROFIT ORGANIZATIONS INCORPORATED FOR EXEMPT PURPOSES WITHIN THE MEANING OF SECTION 501(C)(3), 501(C)(4), 501(C)(6) OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED OR IS A 527-ORGANIZATION UNDER SECTION 527 OF THE U.S. INTERNAL REVENUE CODE (26 U.S.C. § 527);(4). DONATIONS MADE TO 501(C)(4), 501(C)(6), OR A 527-ORGANIZATION UNDER SECTION 527 OF THE U.S. INTERNAL REVENUE CODE (26 U.S.C. § 527) ARE NOT TAX DEDUCTIBLE. YOU ARE RESPONSIBLE FOR ACCURATELY REPORTING ALL TAX DEDUCTIBLE DONATIONS ON YOUR TAXES, IF APPLICABLE.
11. LIMITATION OF LIABILITY. By entering any Promotion, you waive all right to, and hold the Released Parties harmless from, any claim, liability, loss, damage (including punitive, incidental, and consequential damages), or expense (including attorneys' fees) arising out of or in connection with participation in the Promotion or the acceptance, use, or misuse of any prize. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. None of Propeller, Sponsors, any other promotion partners, or any of their respective owners, affiliates, directors, subsidiaries, and franchisees, and any other persons or organizations responsible for sponsoring, fulfilling, administering, or advertising a Promotion or Prize (collectively, the "Released Parties"), shall be responsible for, and hereby disclaim any and all liability for: illegible, lost, late, incomplete, misdirected, or undeliverable mail or email; any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections, or availability; garbled, corrupt or jumbled transmissions; service provider/Internet/web site/use net accessibility, availability, or traffic congestion; any technical, typographical, or other error; unauthorized human intervention; the incorrect or inaccurate capture of registration information; or the failure to capture, or loss of, any such information. 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 Promotion, your sole remedy is to receive another entry into a different Promotion. If, for technical reasons or due to any other fact or circumstance beyond Propeller's reasonable control, any Promotion is not capable of running as planned by Propeller or Sponsor, Propeller reserves the right, at its sole discretion, to cancel, terminate, modify or suspend the Promotion and to credit participants of any cancelled Promotion with any points previously redeemed by them for entries into such cancelled Promotion.
12. BINDING NATURE, WAIVER, INDEMNIFICATION. By entering a Promotion, you agree: (a) to be bound by these Rules and by all applicable laws and by all decisions of Propeller, which shall be binding and final; (b) to waive any rights to claim ambiguity with respect to these Rules; (c) to waive all of your rights to bring any claim, action, or proceeding against any of the Released Parties in connection with the Promotion; and (d) to forever and irrevocably agree to release, defend, indemnify, and hold harmless each of the Released Parties from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability costs and expenses (including, without limitation, reasonable outside attorneys' fees) that may arise in connection with: (i) the Promotion, (ii) typographical or printing errors in these Rules, and Promotion Rules, or any other Promotion materials, (iii) any change in any prize (or any components thereof) due to unavailability, or due to reasons beyond Propeller's or a Sponsor's control, (iv) any interruptions in or postponement, cancellation, or modification of any Promotion, (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 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 entries, (xi) any wrongful, negligent, or unauthorized act or omission on the part of any of the Released Parties, (xii) lost, late, stolen, misdirected, damaged or destroyed prizes (or any element thereof), or (xiii) negligence or willful misconduct by you.
13. DISPUTE RESOLUTION. YOU AGREE THAT: (1) ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR IN CONNECTION WITH THESE RULES, ANY PROMOTION, OR ANY PRIZES AWARDED OR NOT AWARDED (COLLECTIVELY, "DISPUTES"), SHALL BE RESOLVED EXCLUSIVELY ON AN INDIVIDUAL BASIS, WITHOUT RESORTING TO ANY FORM OF CLASS ACTION, PURSUANT TO BINDING CONFIDENTIAL ARBITRATION CONDUCTED UNDER THE ARBITRATION RULES OF ADR SERVICES, INC. ("ADR") THEN IN EFFECT, TO TAKE PLACE IN LOS ANGELES, CALIFORNIA BEFORE A SINGLE NEUTRAL ARBITRATOR WORKING UNDER THE AUSPICES OF ADR; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED, INCLUDING COSTS ASSOCIATED WITH ENTERING ANY PROMOTION, BUT IN NO EVENT ATTORNEYS' FEES; AND (3) UNDER NO CIRCUMSTANCES WILL YOU BE PERMITTED TO OBTAIN AWARDS FOR, AND YOU HEREBY WAIVE ALL RIGHTS TO CLAIM, PUNITIVE, INCIDENTAL, AND CONSEQUENTIAL DAMAGES, AND ANY OTHER DAMAGES, OTHER THAN FOR ACTUAL OUT-OF-POCKET EXPENSES, AND ANY AND ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED. THE PARTIES AND THE ARBITRATOR SHALL MAINTAIN THE CONFIDENTIAL NATURE OF THE ARBITRATION PROCEEDINGS AND RESOLUTION THEREOF, EXCEPT AS MAY BE NECESSARY TO PREPARE FOR OR CONDUCT THE ARBITRATION PROCEEDINGS, AND EXCEPT IN CONNECTION WITH A COURT APPLICATION FOR A PRELIMINARY REMEDY, A JUDICIAL CHALLENGE TO AN ARBITRATION AWARD OR ITS ENFORCEMENT, OR UNLESS OTHERWISE REQUIRED BY LAW OR JUDICIAL DECISION. ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE RULES, OR THE RIGHTS AND OBLIGATIONS OF ANY OF THE PARTIES IN CONNECTION WITH A PROMOTION, SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OR CONFLICT OF LAW, RULES OR PROVISIONS (WHETHER OF THE STATE OF CALIFORNIA OR ANY OTHER JURISDICTION) THAT WOULD CAUSE THE APPLICATION OF THE LAWS OF ANY JURISDICTION OTHER THAN THE STATE OF CALIFORNIA. NOTWITHSTANDING ANY OF THE FOREGOING TO THE CONTRARY, IF A CLASS OR OTHER REPRESENTATIVE ACTION IS PERMITTED, NEITHER PARTY SHALL BE ENTITLED TO ARBITRATION UNDER THIS SECTION. IF ARBITRATION IS UNAVAILABLE OR UNENFORCEABLE FOR ANY REASON, EACH OF THE PARTIES HEREBY IRREVOCABLY AND UNCONDITIONALLY SUBMITS TO THE EXCLUSIVE JURISDICTION OF THE STATE AND FEDERAL COURTS LOCATED IN LOS ANGELES COUNTY, CALIFORNIA, AS WELL AS TO THE JURISDICTION OF ALL COURTS FROM WHICH AN APPEAL MAY BE TAKEN THEREFROM, FOR ALL DISPUTES. ANY AND ALL OBJECTIONS THAT ANY PARTY MAY HAVE REGARDING VENUE IN ANY SUCH COURT IS HEREBY WAIVED.
14. GENERAL. These Rules are subject to and incorporated by reference within Propeller's Terms of Service. If there is any conflict between the Terms of Service and these Rules, these Rules take precedence but only in relation to a Promotion. If there is any conflict between these Rules and any Promotion Rules, the Promotion Rules shall take precedence in relation to the applicable Promotion. In the event any Promotions are promoted or advertised on Facebook.com, you agree that such Promotions are not sponsored, endorsed or administrated by, or associated with, Facebook® and any information you provide is provided to Propeller and the applicable Sponsor and not to Facebook®. Facebook is completely released of all liability by you in connection with any Promotion. Any questions, comments or complaints regarding any Promotion must be directed to the Propeller and not Facebook. Facebook® is a registered trademark of Facebook, Inc. All rights reserved.
15. WINNERS' LISTS. For a list of prize winners for a particular Promotion, write your name and address on a 3"x 5" card and mail it in an envelope to: Propeller Enterprises, PO Box 160491, Nashville, TN 37216. Please specify the name of the Promotion. Requests for a copy of the winners' list for a specific Promotion will only be accepted after the applicable Promotion's Sweepstakes Period, and requests must be received no later than thirty days after such date. Propeller shall respond to complete and timely requests for winners' lists as soon as reasonably practicable following finalization of all winners for a particular Promotion.