1. GENERAL. This Sweepstakes is sponsored by Neuromotion Inc., dba Mighter (“the Sponsor”). Void where prohibited. The Sweepstakes begins at 8 a.m. Eastern Time on Saturday, May 20, 2023 and ends at 11:59 p.m. Eastern Time on Monday, June 5, 2023 (the “Sweepstakes Period”). By participating in the Sweepstakes, the entrant acknowledges and agrees to be bound by these Official Rules, and agree that all decisions of the Sponsor, whose decisions are in its sole discretion, are binding and final. Failure to comply with these Official Rules will result in disqualification from the Sweepstakes.
2. ELIGIBILITY. This Sweepstakes is open only to legal citizens and permanent residents of the U.S. and Canada. Minors who enter must have the written consent of a parent or legal guardian in order to be eligible to receive any prizes. Employees of Sponsor and their respective parent companies, subsidiaries and affiliates, and the officers, directors, agents, employees, advertising, and promotion agencies and members of their immediate families (spouses, parents, children, and siblings and their spouses) of each of the foregoing are ineligible to enter.
3. HOW TO ENTER. NO PURCHASE NECESSARY TO ENTER OR WIN. To enter the Sweepstakes, each entrant must make their own Mindful Creature, take a photo of them, and submit it via the contest page. By submitting an entry, each entrant understands and agree that their entry may be posted online by Sponsor for promotional purposes, without further compensation or review. Each entrant represents that the entry is true and correct, and that he or she is authorized to submit such entry. Entrant further agrees to indemnify, release and hold harmless the Sponsor, and their respective parent companies, subsidiaries, affiliates, officers, directors, agents, and employees, from any and all claims that any such use by Sponsor, including any promotional presentation, web content, or any other material subsequently produced, presented, and/or prepared by or on behalf of Sponsor, infringes the entrant’s rights or the rights of a third party or the subject of any entry, including the rights of publicity and privacy and other proprietary rights. Sponsor reserves the right to disqualify any entry which Sponsor determines in its discretion not to be in compliance with these Rules.
4. PRIZES. Everyone who enters will get a Lavaling sticker. Odds of winning a grand prize will vary based on the number of participants in the Sweepstakes. A maximum of three (3) grand prizes will be awarded for the Sweepstakes. Participants are eligible to win one (1) prize only. The Sponsor reserves the right in its sole discretion to substitute or award an alternative prize of approximately equal value with no further obligation to the winner. The prizes cannot be exchanged for cash and are non transferable.
5. DETERMINATION OF WINNERS. At the conclusion of the Sweepstakes Period 1-3 winners will be chosen by Mightier staff from all eligible entries. The winners will be notified via email within two weeks of the end of the contest. The Sponsor reserves the right to choose alternate winners if the winner does not reply within 72 hours of the Sponsor’s initial outreach. The Sponsor will have complete discretion over interpretation of these Official Rules, of administration of the Sweepstakes, and of selection of the winners. The Sponsor’s decisions are final, binding, and conclusive on all matters related to the Sweepstakes.
6. DISCLAIMER. By entering the Sweepstakes, the entrant assumes all liability for any liability, injury, or damages caused or claimed to be caused by, arising out of or in connection with his or her participation in the Sweepstakes, submission of the participant’s entry and/or the acceptance and/or use of any prize, and hereby releases, indemnifies, and holds harmless the Sponsor and their respective parent companies, subsidiaries, affiliates, officers, directors, agents, and employees, from and and all such liability, including but not limited to personal injury or breach of any person’s intellectual property, privacy, or publicity rights. None of the Sponsor and their respective parent companies, subsidiaries, affiliates, officers, directors, agents, and employees of any of the foregoing, are responsible for technical, hardware, software, or telephone malfunctions of any kind, lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled, or delayed electronic communications caused by the user or by any of the equipment or programming associated with or utilized in this Sweepstakes or by any human error which may occur in the processing of entries in this Sweepstakes. Entry constitutes permission (except where prohibited by law) to use the winner’s likeness for purposes of advertising, promotion, and publicity without additional compensation.
7. CONDITIONS AND LIMITATIONS OF LIABILITY. If for any reason, the Sweepstakes is not capable of running as planned for any reason, including infection by computer virus, bugs, tampering, and unauthorized intervention, fraud, technical failures, or any causes beyond the control of the sponsor which corrupt or affect the administration, security, fairness, integrity of the game or Sweepstakes, the Sponsor reserves the right in its sole discretion to disqualify any individual it believes has tampered with the Sweepstakes, and/or cancel, terminate, modify, or suspend the Sweepstakes. The Sponsor and their respective parent companies, subsidiaries, affiliates, officers, directors, agents, and employees of any of the foregoing (i) assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries, (ii) are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers, or provider, computer equipment, software, failure of any email to be received by the Sponsor on account of any technical problems, human error or traffic congestion on the Internet or at any website, or combination thereof, including any injury or damage to the participant’s or any other person’s computer related to or resulting from participation or downloading any materials in these Sweepstakes. If there is a dispute as to the identity of the online entrant, the prize will be awarded to the authorized account holder of the email address, as determined by the Sponsor in its sole discretion.
8. GOVERNING LAW AND VENUE. The Sweepstakes and these Official Rules shall be construed and governed in accordance with the laws of the Commonwealth of Massachusetts, without reference to Massachusetts’ choice of law rules. Except where prohibited, each entrant agrees that (1) any and all disputes, claims, and causes of action arising out of or connected with this Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by state or federal courts situated in Boston, Massachusetts; (2) any claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, with no award of attorneys’ fees; and (3) all rights to claim punitive, incidental, special, consequential or other damages, including without limitation, lost profits may be awarded (collectively, “Special Damages”) and all rights to have any such damages multiplied or increased are waived.
10. PUBLICITY CONSENT. By submitting an entry, where permitted by law, each entrant grants to Sponsor (and agrees to confirm that grant in writing if so requested) and those acting pursuant to the authority of the Sponsor, the irrevocable right without any further notice, review, or consent to print, publish, broadcast, distribute, and use, worldwide in any media now known or hereafter developed, including but not limited to, the World Wide Web, in perpetuity and throughout the universe, his or her photo, including without limitation, the entry and winner’s portrait, picture, voice, likeness, image or statements about the Sweepstakes, and age as news, publicity or information and for trade, advertising, public relations, and promotional purposes without any further compensation.