Snappy Terms
Snappy Claw Machine Challenge (“Promotion”) Official Rules
NO PURCHASE OR PAYMENT NECESSARY TO PARTICIPATE OR WIN. THIS PROMOTION IS INTENDED FOR THE UNITED STATES. DO NOT ENTER IF YOU ARE NOT ELIGIBLE AND LOCATED IN THE UNITED STATES AT THE TIME OF ENTRY. YOU ARE NOT AUTHORIZED TO PARTICIPATE IN THE PROMOTION IF YOU ARE NOT LOCATED WITHIN THE 50 UNITED STATES OR THE DISTRICT OF COLUMBIA. VOID WHERE PROHIBITED. SUBJECT TO ALL APPLICABLE FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS.
1. Eligibility: Open to legal residents of the fifty (50) United States and the District of Columbia, who are eighteen (18) years of age or older and the age of majority in their state of residence. The following individuals are not eligible to participate: employees, contractors, directors, and officers of Snappy, Inc. (“Sponsor”), its parent, subsidiary and affiliated companies, and the advertising, fulfillment, legal, administrative, and promotion agencies involved in the administration, development, fulfillment, and execution of this promotion (collectively, “Promotion Parties”), and the immediate family members (spouse, parent, child, sibling, grandparent, and spouse or "step" of each) and those living in the same household of each such person (those persons whether related or not who live in the same residence for at least three months during the twelve-month period preceding the start date of the Promotion). Void where prohibited.
2. Promotion Period: The Promotion will begin at 3PM Eastern Time (ET) on JUNE 12th and end at 2PM (ET) on JUNE 14th, or earlier if the supply of prizes is exhausted.
3. To Enter: Visit Sponsor’s Claw Game Machine at the SHRM in 900 Convention Center Blvd, New Orleans, LA 70130 during the Promotion Period and [register on the tablet provided by one of the Sponsor representatives and scan your badge for an opportunity to play the claw machine game. You will be required to provide a valid email address and agree to the Official Rules to participate. You will then be given one (1) opportunity to play the claw machine game and attempt to retrieve one (1) of the Snappy plushies located inside the claw machine, while supplies last (collectively, a “Game Play”). Limit one (1) Game Play per person. A limited number of the Snappy plushies will contain a QR code redeemable for a prize. ]
- Restrictions: A valid email address is required to participate. Participants may not receive additional Game Plays by providing multiple email addresses or participate multiple times above the stated limit. Any participant who attempts to participate with multiple email addresses or secure multiple Game Plays will be disqualified and forfeits any and all prizes won, in Sponsor's sole discretion. By participating, participants agree to abide by and be bound by these Official Rules and the Sponsor’s decisions.
- Privacy Policy: Sponsor my be collecting personal data about entrants in accordance with its Privacy Policy, and information submitted in connection with this Promotion is governed by Sponsor’s Privacy Policy available at https://www.snappy.com/privacy/privacy-policy. By participating in the Promotion, entrants hereby agree to Sponsor’s collection and usage of their personal information and acknowledge that they have read and accepted Sponsor’s Privacy Policy.
4. Prizes and Approximate Retail Values ("ARVs")": Prizes (100): Prizes consist of rotating items within Snappy’s US Business Collection, based on availability. Items within the US Business Collection for the Claw Machine at SHRM range from $25 to $500. Prize disbursement consists of (60) prizes valued at $25, (20) prizes valued at $50, (12) prizes valued at $75, (5) prizes valued at $100, (2) prizes valued at $250, (1) prize valued at $500.
TOTAL ARV OF ALL PRIZES: $5000.00.
5. Prize Restrictions: Limit one (1) prize per person/email address/household. The number of prizes available to be won will decrease during the Promotion Period as prizes are awarded. Odds of winning depend on the number of eligible Game Plays. Prizes are non-transferable and no cash redemption or prize substitution permitted, except at the sole discretion of the Sponsor. If a prize, or any portion thereof, cannot be awarded for any reason, Sponsor reserves the right in their sole discretion to substitute a prize in whole or in part with one of comparable or greater value. All costs and expenses associated with prize acceptance and use not specifically provided herein are the responsibility of the winner. Sponsor does not make, nor in any manner is responsible or liable for, any warranty, representation or guarantee, express or implied, in fact or in law, relative to the prizes including but not limited to their quality, fitness for purpose, or condition. Any and all warranties and/or guarantees on a prize (if any) are subject to the manufacturer’s terms therefore, and winners agree to look solely to such manufacturer for any such warranty and/or guarantee.
6. Prize Claim: Receiving a prize is contingent upon compliance with these Official Rules. The actual Snappy plushy with a qualifying QR code that is removed from the claw machine by the participant at that time becomes the prize redemption for that participant. If any winner rejects his/her prize or in the event of noncompliance with these Promotion rules and requirements, such prize will be forfeited. Upon prize forfeiture, no compensation will be given.
- Taxes: Winners are solely responsible for any local, state, or federal taxes on the prize they receive, if any.
7. General Conditions: Sponsor may prohibit an entrant from participating in the Promotion or winning a prize if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the Promotion or any Game Play by cheating, hacking, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other entrants or Sponsor representatives. In the event Sponsor is prevented from continuing with the Promotion, or the integrity and/or feasibility of the Promotion is severely undermined by any event beyond the control of Sponsor, including but not limited to fire, flood, epidemic, earthquake, explosion, labor dispute or strike, acts of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, or any federal, state or local government law, order, or regulation, order of any court or jurisdiction, infection by computer virus, unauthorized intervention, technical failures, or other cause not reasonably within the control of Sponsor (each a “Force Majeure” event or occurrence), Sponsor shall have the right, in its sole discretion, to abbreviate, modify, suspend, cancel or terminate the Promotion without any further obligation. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Promotion materials and the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control.In case of dispute as to the identity of any entrant, entry will be declared made by the authorized account holder of the email address submitted at time of entry. “Authorized Account Holder” is defined as the natural person who is assigned an email address by an Internet access provider, online service provider, or other organization (e.g., business, educational, institution, etc.) responsible for assigning email addresses or the domain associated with the submitted email address.
8. Limitations of Liability and Release: No liability or responsibility is assumed by Sponsor or Promotion Parties, (collectively, “Releasees”) resulting from user's participation in, or attempt to participate in the Promotion. Sponsor is not responsible for any typographical errors in the announcement of the prize or these Official Rules, or any inaccurate or incorrect data contained on promotional materials or at the event site. Releasees are not responsible for any personal injury or property damage or any other losses of any kind that may be sustained to user or any other person resulting from participation in the Promotion, or any other loss related to user’s participation in the Promotion or acceptance, use, misuse, or receipt of any prize, including without limitation any claims based on publicity rights, defamation or invasion of privacy and merchandise delivery.
CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
9. Binding Arbitration: Any controversy or claim arising out of or relating to the Promotion shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply New York law consistent with the Federal Arbitration Act and applicable statutes of limitations and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties.
THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE PARTICIPANT’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS PROMOTION IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.
BY PARTICIPATING IN THIS PROMOTION, EACH PARTICIPANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE PROMOTION, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY PARTICIPANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND PARTICIPANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) PARTICIPANT’S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND PARTICIPANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. ALL PRIZES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO EVERY PARTICIPANT.
10. Publicity: Except where prohibited by law, by accepting a prize, winners grant permission for Sponsor and those acting under its authority to use their name, and address (city and state), photograph, voice, statements about the Promotion, and/or likeness, for advertising and/or publicity purposes, in any and all media (including posting on a web site) now known or hereinafter invented without territorial or time limitations and without further notice to and without additional compensation. If you are selected as a winner, your information may also be included in a publicly-available winner’s list.
11. Governing Law & Jurisdiction: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, your rights and obligations, or the rights and obligations of the Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules thereof, and any disputes, matters, or proceedings which are not subject to arbitration as set forth in Section 9 of these Official Rules shall be resolved exclusively in the federal, state, and local courts located in New York County, New York. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that or any other provision. If any provision of these Official Rules is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced.
12. Winner's List: The list of winners will be made upon request to the Sponsor.
13. Sponsor: Snappy App, Inc., 33 Irving Place, #5021, New York, NY 10003.