Master Sweepstakes Official Rules


CheckPoints Master Sweepstakes Official Rules


NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN.  A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING.

BY PARTICIPATING, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING.  WITHOUT LIMITATION, THESE OFFICIAL RULES INCLUDE INDEMNITIES TO THE PROMOTION ENTITIES (DEFINED BELOW) FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.

THESE OFFICIAL RULES REQUIRE YOU TO AGREE TO ARBITRATE DISPUTES.

INTERNET ACCESS IS REQUIRED.  WINNERS (AND ANY MINOR WINNER'S PARENT OR LEGAL GUARDIAN) MAY BE REQUIRED TO EXECUTE AND RETURN PRIZE ACCEPTANCE DOCUMENTS, AS MORE FULLY DETAILED BELOW.

MINORS MUST ASK THEIR PARENT OR LEGAL GUARDIAN FOR PERMISSION AND HELP TO PARTICIPATE.  IF A PARTICIPANT IS AN ELIGIBLE MINOR IN HIS OR HER JURISDICTION OF PRIMARY RESIDENCE, HIS OR HER PARENT OR LEGAL GUARDIAN AGREES TO THESE OFFICIAL RULES ALONG WITH AND ON BEHALF OF HIS OR HER MINOR CHILD.

APPLE, INC. ("APPLE") IS NOT A SPONSOR OF INMARKET MASTER SWEEPSTAKES, NOR DO THEY ENDORSE THIS SERVICE OR SPONSOR ANY PRIZE REDEMPTIONS.

Overview – inMarket Media LLC ("Sponsor") hosts various sweepstakes (each, a "Sweepstakes") in connection with participation in its rewards program using an application known as CheckPoints provided by Sponsor for use on mobile devices, via the web, or otherwise ("CheckPoints App").  For each Sweepstakes, Sponsor also offers a free method of entry without program participation using the application.  Details for each Sweepstakes are described in a schedule ("Schedule") created for each individual Sweepstakes.  The current Schedule is below.  These Master Sweepstakes Official Rules and the Schedule constitute the official rules ("Official Rules") for the Sweepstakes described in the Schedule.  By taking part in the Sweepstakes, each participant (or your parent/legal guardian if you are a minor in your jurisdiction of primary residence) unconditionally agrees and accepts to be bound by these Official Rules and the decisions of Sponsor, which will be final and binding in all respects.  The Sweepstakes provides participants with the opportunity to win a prize or prizes (each a "Prize" and collectively, the "Prizes") as described in the Schedule.  To be eligible for the Sweepstakes, entries must be received within the time period stated in the Schedule ("Sweepstakes Period").  If there is a conflict between the Schedule and these Official Rules, the Schedule will control.  Sponsor reserves the right to permanently disqualify from the Sweepstakes any person it believes has violated these Official Rules.

Who May Participate – Subject to the requirements stated in the Schedule, the Sweepstakes is only open to legal residents of any one (1) of the fifty (50) United States or the District of Columbia who are at least thirteen (13) years of age as of their initial date of participation in the Sweepstakes; provided, however that in our discretion we may deem residents of other jurisdictions eligible if their participation and receipt of a Prize does not violate applicable law or result in Sponsor becoming subject to any affirmative obligations in a jurisdiction other than the United States (e.g., taxes, bonding, registration, liability, etc.).  Employees, directors, officers, members, managers, agents and contractors of Sponsor or the advertising and promotion agencies or prize providers involved in the Sweepstakes, and each of their parents, affiliates, subsidiaries and divisions (collectively, the "Promotion Entities") and their immediate family members and those living in the same household (whether legally related or not) of each are not eligible to participate.  For purposes of the Sweepstakes, "immediate family members" are defined as spouse, domestic partner, parents, legal guardians, in-laws, grandparents, siblings, children and grandchildren.  The Sweepstakes is void in all U.S. territories, possessions, and overseas military installations and VOID WHERE PROHIBITED BY LAW.  All rights and responsibilities of a minor under the Official Rules are conferred and assumed respectively by the minor's parent or legal guardian in representation of the minor.

How to Participate – There are two (2) ways to participate in the Sweepstakes:

1)         Participate through the CheckPoints App:  Eligible individuals who participate in the InMarket rewards program using the CheckPoints App and who complete a qualifying activity within the CheckPoints App during the Sweepstakes Period will automatically earn one (1) or more coin(s) for the Sweepstakes ("Instant Win Coin").  Various actions may earn eligible individuals an Instant Win Coin, which will be set forth in each Schedule.  Upon successful completion of a qualifying activity, an Instant Win Coin will be credited to the participant's account within the CheckPoints App.  Participants may then play the Instant Win Coin by participating in one of the Instant Win Coin games available within the CheckPoints App.  Note there may only be one such game available at any given time within the CheckPoints App.  After playing an Instant Win Coin, participants will be notified if he or she won and what he or she won, if anything.  All required actions to play the Instant Win Coin must be completed according to the Official Rules and instructions within the CheckPoints App within the Sweepstakes Period stated in the Schedule.  Instant Win Coins obtained but not played during the Sweepstakes Period during which the Instant Win Coin was earned are valid for game play in subsequent Sweepstakes, if any are offered, in Sponsor's sole discretion.  Sponsor makes no guarantee that subsequent Sweepstakes will be offered, so participants are encouraged to play their Instant Win Coins quickly.  Instant Win Coins have no cash value.  All Instant Win Coins transferred to another person will be void.  Instant Win Coins may not be purchased, sold, bartered, auctioned (including through internet auction sites), given away, traded or obtained through any source other than through the official methods described in these Official Rules.  Any Instant Win Coin or other element for Sweepstakes participation will be void if it fails to pass anti-fraud detection measures, or if it is determined by Sponsor, in its sole discretion, to be unauthorized, illegitimately obtained (i.e., through means other than those stated in these Official Rules such as ineligible product scans) or if it contains an unauthorized script, code, or other data not issued by Sponsor for use in the Sweepstakes, or if it is defective, contains mechanical or electronic errors, is produced in error, illegible, unreadable, or blank.  Participation in the Sweepstakes via the CheckPoints App is subject to participant's complying with all terms and conditions of Sponsor's rewards program and being in good standing with the rewards program throughout the Sweepstakes Period and through the time of Prize redemption, if applicable.  OR

2)         Participate by mail for free, without a purchase or using the CheckPoints App:  Eligible individuals can mail a self-addressed, first class postage-paid envelope including his or her handwritten first name, last name, CheckPoints Account Username (or a new username will be assigned by InMarket), address, city, state, ZIP code, in blue or black ink, to: "InMarket Sweepstakes Mail in Entry" P.O. Box 3029, Venice, CA 90291 ("Mail-in Request").  Vermont residents with a return address in Vermont may omit return postage.  Mail-in Requests received by Sponsor during the Sweepstakes Period set forth in the Schedule will receive one (1) game play.  If a Mail-in Request is received by Sponsor after the Sweepstakes Period set forth in the Schedule has ended, the eligible individual will receive an Entry into the subsequent Sweepstakes running at the time the mail-in request is received by Sponsor, if any, in Sponsor's sole discretion.  If A Mail-in Request is received when there is no Sweepstakes running and that Mail-in Request is received within five (5) days of the end of the immediately preceding Sweepstakes, that participant will receive a play in the immediately preceding Sweepstakes.  Sponsor will conduct a play for the mail-in participant and then notify the mail-in participant whether or not they won using the self-addressed postage-paid envelope provided with the Mail-In Request.  If participant is a winner, Sponsor will also provide information about how to learn of the redemption possibilities for the Prize, which may be through a web site or other free method.  No mechanical reproductions of Mail-in Requests permitted.  Limit one (1) free Entry per person and per valid Mail-in Request.  Each Mail-in Request must be mailed separately.

The following applies to all participants: Sponsor may run multiple campaigns, contests, sweepstakes or other promotions simultaneously.  Participation in one campaign, contest or sweepstakes does not constitute participation in any other unless explicitly stated otherwise.  Any participation or Mail-in Request that is in excess of any stated limit (if any), incomplete, illegible, corrupted, damaged, destroyed, forged, false, postage-due, incorrect, deceptive, lost, late, misdirected, garbled, incompletely received, generated by a macro, bot, or other automated means or otherwise not in compliance with the Official Rules for any reason will not be eligible to win and will be void in Sponsor's sole discretion, and Sponsor will not be responsible in any way for such issues.  Entries made by any other individual or any entity, and/or originating via any other application or web site, including, without limitation, commercial sweepstakes subscription notification and/or entering services, will be declared invalid and disqualified for the Sweepstakes.  All Instant Win Coins, qualifying activities, plays, Mail-in Requests, and participation must be obtained and submitted legitimately as explicitly set forth in these Official Rules and are each subject to verification.  The identity of each potential winner may be required to be confirmed before the participant is awarded any potential Prize.  Sponsor's liability for any irregular Instant Win Coin, Mail-In Request, play or other element of participation is limited to replacement of that same type of element to the extent possible and only during the Sweepstakes Period.  Such replacement will be the sole and exclusive remedy under such circumstances.  Nothing submitted for participation will be returned.  No Prize claim will be valid if a person's participation is associated with any Instant Win Coin, Mail-In Request, play or other element of participation deemed void for any reason.  Sponsor's database clock will be the official timekeeper for the Sweepstakes.  As a condition of entering the Sweepstakes, each participant gives consent for Sponsor to obtain and deliver his or her name, address and other information to third parties for the purpose of administering the Sweepstakes and complying with applicable laws, regulations and rules.

Prize(s) – The Prize(s) to be awarded in the Sweepstakes and the corresponding approximate retail value and odds of winning are described in the Schedule.  Unless expressly stated otherwise in a Schedule, all Prizes consist of points redeemable in Sponsor's reward program.  Points may be redeemed for gift cards and other items, each of which may be subject to their own terms and conditions.  Points are subject to the restrictions set forth in Section 1 of Sponsor's Terms of Use, which is incorporated herein by reference, and available on www.InMarket.comRewards available vary and Sponsor reserves the right to amend the rewards available, including the number of points required to redeem the rewards.  The approximate retail value of each point will vary, depending on the reward selected.  No credits or refunds will be issued for any reason after points have been redeemed.

Promotion Entities are not responsible for and winner will not receive the difference, if any, between the actual value of a Prize at the time of award and the stated ARV in these Official Rules or in any Sweepstakes-related correspondence or materials.  Unclaimed Prizes will not be awarded.  All Prizes legitimately claimed will be awarded.  Prizes and rewards will only be mailed or otherwise provided to the verified winner's address in one (1) of the fifty (50) United States or the District of Columbia.  Promotion Entities will not replace any lost, destroyed, mutilated or stolen Prize or any Prize that is undeliverable or does not reach a winner because of an incorrect or changed address or other contact information.  If a winner does not accept or use the entire Prize, the unaccepted or unused part of the Prize will be forfeited and Sponsor will have no further obligation with respect to that Prize or portion of the Prize.  No transfers, Prize substitutions or cash redemptions will be made, except at Sponsor's sole discretion.  Sponsor reserves the right to substitute the stated Prize or portion thereof with another Prize or portion thereof of equal or greater value for any reason, including, without limitation, Prize unavailability.  No more than the stated number of Prizes in the Schedule will be awarded.  If, for any reason, more bona fide winners come forward seeking to claim the Prize(s), the winner(s) may be selected in a random drawing from among all persons making purportedly valid claims for the Prize(s).  Inclusion in such drawing shall be each participant's sole and exclusive remedy under such circumstances.  All taxes (federal, state and local) and other expenses not specified in these Official Rules as being provided as part of the Prize are the sole responsibility of the winner.

Winner Verification and Prize Awarding – If any self-addressed stamped envelope, Prize notification or Sweepstakes-related communication is faulty, rejected or returned as undeliverable or if a potential winner does not respond according to the notification's or Sponsor's or its representative's instructions or cannot be reached after three (3) attempts have been made by Sponsor, that participant may forfeit his or her Prize and the Prize may go unawarded in Sponsor's sole discretion (as determined in Sponsor's sole discretion).  Winners' and potential winners' Username or first name and last initial may be announced via the CheckPoints App and elsewhere in Sponsor's sole discretion.  If Sponsor determines at any time in its sole discretion that the winner or potential winner is disqualified, ineligible, in violation of these Official Rules, or engaging in behavior that Sponsor deems obnoxious, inappropriate, threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to disqualify that winner or potential winner, even if the disqualified winner or potential winner may have been notified or displayed or announced anywhere.  Any winner who wins a Prize or Prizes with a total value over $600 is required to complete and return a W-9 form to Sponsor.  Each winner (and any minor winner's parent or legal guardian on behalf of himself or herself and on behalf of the minor) may (in Sponsor's sole discretion) be required to complete, sign, notarize (if applicable), and return, without alteration and in the form presented by Sponsor, an affidavit of eligibility and liability/publicity release and tax forms (as applicable) (collectively, the "Winner Documents") according to Sponsor's instructions within seven (7) days from when Sponsor sends the Winner Documents or other time frame as specifically set forth by Sponsor.  Failure to comply with these requirements, Sponsor's or its representative's instructions or these Official Rules may result in disqualification from the Sweepstakes and forfeiture of any Prize potentially won, in Sponsor's sole discretion.  The Winner Documents, if required, are each subject to verification by Sponsor and may require the participant (and minor participant's parent or legal guardian) to provide his or her Social Security Number and/or a copy of government-issued identification card or number.  Federal 1099-MISC forms will be issued to winners as appropriate in Sponsor's sole discretion.

LIMITATION OF Liability – AS A CONDITION OF PARTICIPATING IN THE SWEEPSTAKES, each participant AGREES to release, indemnify, and hold harmless the promotion entities and the respective officers, directors, MEMBERS, MANAGERS, employees, representatives and agents of each (collectively "RELEASED PARTIES") from any and all liability WHATSOEVER or any injuries, loss, or damage of any kind arising from or in connection with the Sweepstakes, INCLUDING, WITHOUT limitation, THE USE, ACCEPTANCE, POSSESSION, MISUSE OR AWARDING OF THE PRIZE, WHILE PREPARING FOR, PARTICIPATING IN AND/OR TRAVELING TO OR FROM ANY PRIZE- OR PROMOTION-RELATED ACTIVITY, INCLUDING, WITHOUT LIMITATION, ANY INJURY, DAMAGE, DEATH, LOSS, OR ACCIDENT TO PERSON OR PROPERTY.  EACH WINNER AGREES THAT THE PRIZE IS PROVIDED AS-IS WITHOUT ANY WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, WHETHER NOW KNOWN OR HEREINAFTER ENACTED, RELATIVE TO THE USE OR ENJOYMENT OF THE PRIZE, INCLUDING, WITHOUT LIMITATION, ITS QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

EACH PARTICIPANT 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.  SECTION 1542 READS AS FOLLOWS:

"CERTAIN CLAIMS NOT AFFECTED BY A GENERAL RELEASE.  A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."

General Rules – Sponsor reserves the right to void entries of and disqualify any person Sponsor believes may have attempted to tamper with or impair the administration, security, fairness or proper play of the Sweepstakes or abuse any participant or part of the Sweepstakes or is otherwise in violation of these Official Rules.  Sponsor reserves the right to restrict or void entries or participation from any device identifier (e.g., IP address) if any suspicious entry and/or participation is detected.  If for any reason, the Sweepstakes cannot be administered as planned for reasons which, in the sole opinion of Sponsor, may corrupt or affect the administration, security or integrity of the promotion, Sponsor reserves the right to modify or end the Sweepstakes without notice, which may include, without limitation, not awarding any Prizes or awarding the Prizes from among eligible entries received before or after a modification or suspension.  Sponsor is not responsible for any inaccurate information, technical failures, unauthorized acts of third parties or other events beyond its control that may occur in connection with this promotion, the processing of orders or entries or the selection or notification of winners.  Sponsor may disqualify any entries that use any robotic, programmed or similar entry method or in violation of these Official Rules.  The Released Parties are not responsible for or liable for late, lost, damaged, intercepted, misdirected, or unsuccessful efforts to notify potential winners.  The Released Parties are not responsible or liable for any of the following, whether caused by a Released Party, the participant, or by any other individual or entity: any lost, late, incomplete, illegible, mutilated, or misdirected entries, e-mail, mail, or Sweepstakes-related correspondence or materials or postage-due mail; any error, omission, interruption, defect, or delay in transmission or communication; viruses or technical or mechanical malfunctions; interrupted or unavailable cable or satellite systems; errors, typos or misprints in these Official Rules, prize distribution tables, in any Sweepstakes-related advertisements, any Instant Win Coins, Mail-in Requests, or other materials or elements; failures of electronic equipment, computer hardware or software; lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications or entry information.  Released Parties are not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in participant's e-mail or other account to receive messages.  Released Parties are not responsible, and may disqualify a participant at any time, if his or her e-mail address, telephone, or other contact information does not work or is changed without participant giving prior written notice to Sponsor.  Failure to comply with these Official Rules may result in disqualification from the Sweepstakes.  Participants further agree to not damage or cause interruption of the Sweepstakes and/or prevent others from using the Sweepstakes.  Any attempts to make submissions, earn Instant Win Coins or plays, or register for accounts in excess of any stated limits using multiple or false contact information or otherwise may be disqualified in Sponsor's sole discretion.  Sponsor's failure to or decision not to enforce any provision in these Official Rules will not constitute a waiver of that or any other provision.  In the event there is an alleged or actual ambiguity, discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes-related materials and/or these Official Rules (including any alleged discrepancy or inconsistency in these Official Rules), it will be resolved in Sponsor's sole discretion.  If Sponsor determines at any time in its sole discretion that the winner or potential winner is disqualified, ineligible, or in violation of these Official Rules, Sponsor reserves the right in its sole discretion to select an alternate winner or not award the Prize (in its sole discretion), even if the disqualified potential winner's name may have been shown or announced online or elsewhere.  The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision.  In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules will otherwise remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.  If any person supplies false information, obtains Instant Win Coins or plays by fraudulent means or is otherwise determined to be in violation of these Official Rules in an attempt to obtain any Prize, Sponsor may disqualify that person and seek damages from him or her and that person may be prosecuted to the full extent of the law.  Sponsor reserves the right to audit, or have its agents or assigns audit, any and all entries at its sole discretion.  CAUTION: ANY ATTEMPT TO DAMAGE ANY SERVICE, APPLICATION OR WEB SITE OR UNDERMINE THE LEGITIMATE OPERATIONS OF THE SWEEPSTAKES VIOLATES CRIMINAL AND CIVIL LAWS.  IF SUCH AN ATTEMPT IS MADE, SPONSOR MAY SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW AND MAY DISQUALIFY ANY PARTICIPANT MAKING SUCH ATTEMPT.  Without limiting any other provision in these Official Rules, Released Parties are not responsible or liable to any participant or winner or any person claiming through such participant or winner for failure to supply a Prize or any part thereof in the event that any of the Sweepstakes activities or the Promotion Entities' operations or activities are affected, as determined by the Sponsor in its sole discretion, including, without limitation, by reason of any acts of God, any action, regulation, order or request by any governmental or quasi-governmental entity (whether or not the action, regulations, order or request proves 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, 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, or any law, rule, regulation, order or other action adopted or taken by any governmental, federal, state or local government authority, or any other cause, whether or not specifically mentioned above.

Publicity Rights – By participating in the Sweepstakes (except where prohibited by law), participants consent to the use of their names, pictures, likenesses, voices, biographical data, and/or any information contained in their entry in advertising, promotion and marketing materials throughout the world, including on the Internet, by the Sponsor, its promotional partners and third-party marketing entities (collectively, the "Licensed Parties"), without additional compensation, notice, review, or approval, and each participant releases each of the Licensed Parties from any and all liability related thereto.  Nothing contained in these Official Rules obligates the Licensed Parties to make use of any of the rights granted herein and winner waives any right to inspect or approve any such use.

Governing Law/Disputes – Certain portions of this section are deemed to be a "written agreement to arbitrate" under the Federal Arbitration Act.  You and Sponsor agree that this section satisfies the "writing" requirement of the Federal Arbitration Act.

Try to Resolve Disputes.  If any controversy, allegation, or claim arises out of or relates to the Sweepstakes (a "Dispute"), then you and Sponsor agree to send a written notice to the other party providing a reasonable description of the Dispute, along with a proposed resolution of it.  Our notice to you will be sent to you based on the most recent contact information that you provided under your account.  If no such information exists or if such information is not current, then you and Sponsor have no obligation under this subsection (1).  Your notice to us must be sent via fax, email, or registered mail to:

Name:                         InMarket Media LLC, Attention: Legal

Mailing address:         P.O. Box 3029, Venice, CA 90291

E-mail address:          legal@inMarket.com

 

For a period of sixty (60) days from the date of receipt of notice from the other party, Sponsor and you will attempt to resolve the Dispute, though nothing will require either you or Sponsor to resolve the Dispute on terms that you and Sponsor, in each of our sole discretion, are not comfortable.

Forums for Alternative Dispute Resolution.  If you and Sponsor cannot resolve a Dispute as set forth in subsection (1) within sixty (60) days of receipt of the notice, then either you or Sponsor may submit the Dispute to formal arbitration in accordance with this subsection (2).  Upon expiration of the 60-day period and to the fullest extent permitted by applicable law, a Dispute will be resolved solely by binding arbitration in accordance with the then-current Commercial Arbitration Rules of the American Arbitration Association ("AAA").  If the Dispute has a claimed value of less than $250,000, then the arbitration will be heard and determined by a single neutral arbitrator who is a retired judge or a lawyer with not less than fifteen (15) years experience as a practicing member of the bar in the substantive practice area related to the Dispute, who will administer the proceedings in accordance with, if applicable, the AAA's Supplementary Procedures for Consumer Related Disputes.  If the Dispute has a claimed value of more than $250,000, or if Sponsor elects in its sole discretion to bear the costs of arbitration in excess of those that would occur for a proceeding before a single neutral arbitrator, then the arbitration will be heard and determined by a three member panel, with one member selected by each party and the third (who will chair the panel) selected by the two party-appointed members or by the AAA in accordance with the AAA Commercial Arbitration Rules.  The arbitrator or arbitration panel, as applicable, will apply applicable law and the provisions of this Agreement, will determine any Dispute according to the applicable law and facts based upon the record and no other basis, and will issue a reasoned award.  If a party properly submits the Dispute to the AAA for formal arbitration and the AAA is unwilling or unable to set a hearing date within sixty (60) days of the filing of a demand for arbitration, then either party can elect to have the arbitration administered by the Judicial Arbitration and Mediation Services Inc.  ("JAMS") using JAMS' Streamlined Arbitration Rules and Procedures, or by any other arbitration administration service that you and Sponsor consents to in writing.  The substantive practice area requirements for the arbitrator and the $250,000 threshold for the number of arbitrators assigned to the Dispute set forth in the paragraph above for the AAA arbitration will also apply to any such arbitration under JAMS or another arbitration service.  You can obtain AAA and JAMS procedures, rules, and fee information as follows:

AAA:        800.778.7879        (http://www.adr.org)

JAMS:       949.224.1810        (http://www.jamsadr.com)

 

Nature, Limitations, and Location of Alternative Dispute Resolution.  In arbitration, as with a court, the arbitrator must honor the terms of these official rules and can award the prevailing party damages and other relief (including attorneys' fees).  HOWEVER, WITH ARBITRATION: (A) THERE IS NO JUDGE OR JURY, (B) THE ARBITRATION PROCEEDINGS AND ARBITRATION OUTCOME ARE SUBJECT TO CERTAIN CONFIDENTIALITY RULES, AND (C) JUDICIAL REVIEW OF THE ARBITRATION OUTCOME IS LIMITED.  All parties to the arbitration will have the right, at their own expense, to be represented by an attorney or other advocate of their choosing.  If an in-person arbitration hearing is required, then it will be conducted in the "metropolitan statistical area" (as defined by the U.S. Census Bureau) where you are a resident at the time the Dispute is submitted to arbitration.  You and Sponsor will pay the administrative and arbitrator's fees and other costs in accordance with the applicable arbitration rules; but if applicable arbitration rules or laws require Sponsor to pay a greater portion or all of such fees and costs in order for this subsection to be enforceable, then Sponsor will have the right to elect to pay the fees and costs and proceed to arbitration.  Discovery will be permitted pursuant to the applicable arbitration rules.  The arbitrator's decision must consist of a written statement stating the disposition of each claim of the Dispute, and must provide a statement of the essential findings and conclusions on which the decision and any award (if any) is based.  Judgment on the arbitration decision and award (if any) may be entered in or by any court that has jurisdiction over the parties pursuant to Section 9 of the Federal Arbitration Act.

Limited Time to File Claims.  TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR SPONSOR WANT TO ASSERT A DISPUTE AGAINST THE OTHER, THEN YOU OR SPONSOR MUST COMMENCE IT (BY DELIVERY OF WRITTEN NOTICE AS SET FORTH IN SUBSECTION (1) ) WITHIN ONE (1) YEAR AFTER THE EVENTS GIVING RISE TO THE DISPUTE - OR IT WILL BE FOREVER BARRED.

Injunctive Relief.  The foregoing provisions of this section will not apply to any legal action taken by Sponsor to seek an injunction or other equitable relief in connection with, any loss, cost, or damage (or any potential loss, cost, or damage) relating to the Sweepstakes.

Small Claims Matters Are Excluded from Arbitration Requirement.  Notwithstanding the foregoing, either of us may bring a qualifying claim of Disputes in small claims court.

No Class Action Matters.  Disputes will be arbitrated only on an individual basis and will not be consolidated with any other arbitrations or other proceedings that involve any claim or controversy of any other party.  But if, for any reason, any court with competent jurisdiction or any arbitrator selected pursuant to subsection (2) holds that this restriction is unconscionable or unenforceable, then our agreement in subsection (2) to arbitrate will not apply and the Dispute must be brought exclusively in court pursuant to subsection (8).

Federal and State Courts in Los Angeles.  Except to the extent that arbitration is required in subsection (2), and except as to the enforcement of any arbitration decision or award, any action or proceeding relating to any Dispute may only be instituted in state or federal court in Los Angeles County, California.  Accordingly, you and Sponsor consent to the exclusive personal jurisdiction and venue of such courts for such matters.

Disputes Concerning Participant's Identity.  In the event of a dispute concerning who obtained an Instant Win Coin play, the play will be declared to have been made by the registered account holder of the e-mail address on file with the Sponsor at time of Instant Win Coin play, but only if that person meets all other eligibility criteria or is the approving parent or legal guardian of a minor participant who meets all of the eligibility criteria, otherwise the entry may be disqualified and any potential Prize won will be forfeited in Sponsor's sole discretion.  A registered account holder is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.  Potential winner may be required to provide Sponsor with proof that he or she is the registered account holder of the e-mail address associated with the potentially winning entry.  If a dispute cannot be resolved to Sponsor's satisfaction, the entry will be deemed ineligible.

Official Rules – For a copy of the Official Rules, visit the CheckPoints App or send your request and a legal-sized, self-addressed, stamped envelope prior to the end of the relevant Sweepstakes Period to: "Official Rules Request" P.O. Box 3029, Venice, CA 90291 Only one (1) request per outer envelope, mailed separately, will be fulfilled.  Vermont residents with a return address in Vermont may omit return postage with Official Rules requests.

Winner List – For a list of major Prize winners, send your request specifying the date on which the relevant Sweepstakes was being run and a legal-sized, self-addressed, stamped envelope to "Winner List" P.O. Box 3029, Venice, CA 90291 for receipt within three (3) months after the end of the Sweepstakes Period.  Only one (1) request per outer envelope, mailed separately, will be fulfilled.

Sponsor – InMarket Media LLC, P.O. Box 3029, Venice, CA 90291.

 

SCHEDULE TO MASTER SWEEPSTAKES OFFICIAL RULES

NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN.  A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING.

INTERNET ACCESS IS REQUIRED.  PRIZE ACCEPTANCE DOCUMENTS AND RELEASE MAY BE REQUIRED.

MINORS MUST ASK THEIR PARENT OR LEGAL GUARDIAN FOR PERMISSION AND HELP TO PARTICIPATE.  IF A PARTICIPANT IS AN ELIGIBLE MINOR IN HIS OR HER JURISDICTION OF PRIMARY RESIDENCE, HIS OR HER PARENT OR LEGAL GUARDIAN AGREES TO THESE OFFICIAL RULES ALONG WITH AND ON BEHALF OF HIS OR HER MINOR CHILD.

NAME OF SWEEPSTAKES:  InMarket Master Sweepstakes (the "Sweepstakes").

OFFICIAL RULESThis Sweepstakes is governed by the Master Sweepstakes Official Rulesabove, which are attached via this link and incorporated herein by this reference.  Please see the Master Sweepstakes Official Rules for how to play for free without using the CheckPoints App and important conditions and other details that govern your participation in the Sweepstakes.

SWEEPSTAKES PERIODThe Sweepstakes initially begins on or about Apr 16, 2013 at 12:02am and ends on Apr 17, 2013 at 12:01am PST.  Each Sweepstakes will automatically renew at the end of the applicable Sweepstakes Period, until canceled.  Sponsor reserves the right to cancel a Sweepstakes at any time, but InMarket awarded as a prize are retained as per the Terms of Use.

HOW DO I GET INSTANT WIN COINS?  To accrue instant win coins, download the application and participate in activities such as scaning eligible UPCs on featured products in eligible stores, trade CheckPoints for instant win coins where available, or complete other opportunities outlined in the app or website.  Eligibility of products and stores is provided in the application.  InMarket retains the right to make final determinations of eligible scans.  Coins can also be accrued from time to time by special promotions and always by our alternative method of entry detailed above.

PRIZE(S)/ODDS/APPROXIMATE RETAIL VALUE ("ARV"):  The chart below sets forth the prizes that will be awarded in the Sweepstakes, consisting solely of loyalty points redeemable for rewards in the InMarket location-based services reward program.  Overall odds of an Instant Win Coin play resulting in a prize – 1:3.692.

Prize Level

Number of Prizes

Number of Points Awarded

ARV of Each Prize varies depending on the reward selected, but based on current averages equals approximately:

Odds

Grand

1

150,000

$500

1:960,000

First

48

5,000

$16.67

1:20,000

Second

100,000

50

$0.17

1:9.6

Third

160,000

20

$0.07

1:6