A purchase will not increase your chances of winning. All federal, state, and local laws and regulations apply. This Sweepstakes is void outside of the 50 United States and the District of Columbia and where prohibited by law. Minors (between the ages of 14 and 17) must have a parent or legal guardian’s permission prior to entering. By entering, Participants and Winners certify that they meet all eligibility requirements and agree to be bound by these Official Rules.
HOW TO ENTER:
- This Sweepstakes (“Sweepstakes”) will run for the period of time identified by the Sponsor through an official ARKH, Inc. account (the “ Promotion Period”). For purposes of this Sweepstakes, the official ARKH, Inc. accounts include, but are not limited to, the following:
- Participants may only utilize one (1) account to participate in the Sweepstakes. Use of any robotic, automatic, programmed, or similar entry method or entering more than the number of times permitted will void all entries and result in disqualification. Participants may not enter more times than indicated by using multiple email addresses, identities, or devices in an attempt to circumvent the rules.
ELIGIBILITY:
- To enter the Sweepstakes, at the time of entry, you must: (i) agree with and abide by these Official Rules, (ii) be a legal resident of the fifty (50) United States or the District of Columbia (the “Eligibility Area”), and (iii) be at (y) least 18 years of age and older, or the age of majority in your location of residence, or (z) be the age of fourteen (14) and have the permission of your parent or legal guardian (“Parent”) prior to entering, (each a “Participant”, collectively the “Participants”). Each Participant aged 14 – 17 at the time of the Sweepstakes entry must have the permission of his/her Parent prior to entry and such entry shall be deemed submitted by the Parent and shall be treated as if the Parent had made such entry and if chosen as a winner, the Prize (hereinafter defined) will be awarded in the name of his/her Parent. Employees, consultants, contractors, and service providers of ARKH, Inc. (“Sponsor”), their affiliates, subsidiaries, and agencies (collectively “Promotion Parties”), and members of their immediate family or persons living in the same household are not permitted to participate in the Sweepstakes.
- Any false information provided within the context of the Sweepstakes by any Participant concerning identity, mailing address, telephone number, email address, ownership of right, or non-compliance with these Official Rules or the like may result in the immediate disqualification of the Participant from the Sweepstakes. The Sponsor further reserves the right to disqualify any Participant that it believes in its sole and unfettered discretion infringes upon or violates the rights of any third party, otherwise does not comply with these Official Rules, or violates U.S. law.
- This Sweepstakes is void where prohibited.
SPONSOR: ARKH, Inc., 13101 Preston Road #110-1065 Dallas, TX 75240.
PRIZE:
- The Prize for this Sweepstakes will be awarded to the number of individuals identified by the Sponsor through an official ARKH, Inc. account (the “Prize”). Except as provided in these Official Rules, no substitution or transfer of the Prize is permitted by the Winner (as defined below). The Sponsor reserves the right to substitute any item, of equal or greater value, for the Prize. If a Potential Winner is disqualified for any reason, Sponsor will repeat the Final Selection by randomly drawing from among all remaining eligible entries.
- After the conclusion of the Sweepstakes, the Sponsor will randomly select the number of individuals identified by ARKH, Inc., (the “Potential Winner(s)”) through an official ARKH, Inc. account (the “Final Selection”). The odds of winning will vary depending on the number of Participants.
- If the Final Selection results in a Potential Winner located outside of the Eligibility Area, then the Sponsor may, in its sole discretion, immediately disqualify the Potential Winner from the Sweepstakes. If the Sponsor disqualifies a Potential Winner as described above, then the Sponsor will repeat the Final Selection and randomly select a new Potential Winner.
- The Prize for this Sweepstakes will be awarded to the number of individuals identified by the Sponsor through an official ARKH, Inc. account (the “Prize”). Except as provided in these Official Rules, no substitution or transfer of the Prize is permitted by the Winner (as defined below). The Sponsor reserves the right to substitute any item, of equal or greater value, for the Prize. If a Potential Winner is disqualified for any reason, Sponsor will repeat the Final Selection by randomly drawing from among all remaining eligible entries.
NOTIFICATION OF POTENTIAL WINNER:
- The Potential Winner will be notified by email or telephone within two (2) weeks following the Final Selection. The Potential Winner will be required to execute and return an Affidavit of Eligibility (where permitted) within seventy-two (72) hours of notification attempt, or such Prize will be forfeited and an alternate Potential Winner will be selected in a random drawing from among all remaining Participants. In the event a Potential Winner’s Affidavit of Eligibility is returned to the Sponsor as undeliverable or a Potential Winner is determined to be ineligible in accordance with these Official Rules, such Prize will be forfeited and awarded to an alternate Potential Winner, who will be randomly drawn from among all remaining Participants.
- The Potential Winner must supply the Sponsor with his/her social security number for tax purposes and agree to a criminal and personal social media background investigation during the Potential Winner notification process. In the event the criminal background investigation consists of any criminal record, the Sponsor reserves the right, at its sole discretion, to disqualify that Potential Winner. In the event the Potential Winner’s personal social media investigation consists of content found in any social medium that is false or contains misleading claims about Sponsor and its products or services, that defames, misrepresents, or contains disparaging remarks about Sponsor, its products or services, or other people or companies; or communicates any message or image that is inconsistent with Sponsor’s positive image and/or goodwill with which Sponsor wishes to associate or contains content that violates any rule, law or regulation, the Sponsor reserves the right, at its sole discretion, to disqualify the Potential Winner.
- No Potential Winner will be deemed a Winner until the Sponsor verifies such Potential Winner is eligible in accordance with these Official Rules. Thereafter, the Prize will only be awarded once it is properly claimed.
- In the event more Potential Winner notifications are issued, or more Prize claims are received than set forth in these Official Rules due to computer, printing, human or other error or problem, a random drawing will take place from among all such Participants for the Prize at issue (or from among all persons so notified) to award the Prize as set forth in these Official Rules. Inclusion in such random drawing shall be each Participant’s sole and exclusive remedy under such circumstances.
- All income taxes resulting from acceptance of the Prize are the responsibility of the Winner(s). By entering the Sweepstakes, each Participant accepts and agrees to these Official Rules and the decisions of the Sponsor, which shall be final in all matters. Acceptance of a Prize also constitutes permission to the Promotion Parties to use Winner’s name, likeness, and biographical information for marketing purposes without further compensation or right of approval, unless prohibited by law.
- All federal and state laws apply to this Sweepstakes.
PRIZE FULFILLMENT: If the Potential Winner is in full compliance with these Official Rules, then the Prize will be issued in the Winner’s name (provided the Winner is at least the age of majority in their location of residence) within three (3) weeks following the Sponsor’s receipt of the Affidavit of Eligibility. However, if the Winner is between the ages of 14 and 17, then such Participant’s entry shall be deemed submitted by their Parent and shall be treated as if the Parent had made such entry and if chosen as a winner, the Prize will be awarded in the name of his/her Parent.
LIMITATION OF LIABILITY: By entering this Sweepstakes, entrants and Participants waive all rights to, and hold the Promotion 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 this Sweepstakes 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. Promotion Parties will not be responsible for: late, incomplete, or incorrect entries; a Participant’s failure to receive Prize notices due to Participants’ spam, junk email, or other security settings, or for Participants’ provision of incorrect or otherwise non-functioning contact information; technical, hardware, or software malfunctions, lost or unavailable network connections, or failed, incorrect, inaccurate, incomplete, garbled, or delayed electronic communications whether caused by the sender or by any of the equipment or programming associated with or used in this Sweepstakes; by any human error which may occur in the processing of the entries in this Sweepstakes; or any typographical, technological, or other error in the publishing of the offer, administration of the Sweepstakes, or announcement of the Prize. If, in the Sponsor’s opinion, there is such an error, or there is any suspected evidence of tampering with any portion of the Sweepstakes, or if technical difficulties (including viruses and bugs) compromise the integrity of the Sweepstakes, Sponsor reserves the right to, in its sole discretion, cancel or modify this Sweepstakes in a manner deemed appropriate by the Sponsor. In the event of termination, a new Potential Winner will be randomly selected from among all eligible Participants as of the date of termination. In the event a dispute arises as to the identity of a Potential Winner, entries will be declared made by the name on the online entry form.
INTERNET: If for any reason this Sweepstakes is not capable of running as planned due to an infection by a computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Sponsor that corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Sweepstakes, the Sponsor reserves the right at its sole discretion, to disqualify any individual and/or Participant who tampers with the entry process, and to cancel, terminate, modify or suspend the Sweepstakes, at which time, Sponsor will conduct a random drawing from among all eligible Participants at the time of the Sweepstakes termination. The Sponsor assumes 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. The Sponsor and the Promotion Parties are not responsible for any problems or technical malfunctions of any telephone network or telephone lines, computer online systems, servers, or providers, computer equipment, software, failure of any email or entry to be received by the Sponsor due to technical problems, human error or traffic congestion on the Internet or at any Web site, or any combination thereof, including any injury or damage to Participants’ or any other person’s computer relating to or resulting from participating in this Sweepstakes or downloading any materials in this Sweepstakes. SPONSOR IS NOT RESPONSIBLE FOR INCOMPATIBILITY OF PARTICIPANTS’ HARDWARE, SOFTWARE OR BROWSER TECHNOLOGY WITH SPONSOR’S HARDWARE, SOFTWARE OR BROWSER TECHNOLOGY. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. In the event of a dispute as to the identity or eligibility of a Winner based on an email address, the winning entry will be declared made by the “Authorized Account Holder” of the email address submitted at the time of entry. “Authorized Account Holder” is defined as the natural person 18 years of age or older who is assigned to an email address by an Internet access provider, online service provider, or other organization (e.g., business, education institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. The use of automated devices is not valid for entry. Sponsor may ask any entrant or Potential Winner to provide Sponsor with proof that such party is the Authorized Account Holder of the email account associated with the Participant’s entry.
GENERAL CONDITIONS: Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, if any fraud, technical failures, human error, or any other factor impairs the integrity or proper functioning of the Sweepstakes, or any event or cause beyond Sponsor’s control (e.g. events such as natural calamities, national emergencies, wide spread illnesses, declarations of war, acts of God, acts of terrorism) interfere with any aspect of the Sweepstakes, including but not limited to fulfillment of the Prize(s), as determined by Sponsor in its sole discretion. In such event, Sponsor, in its sole discretion, may elect to hold a random drawing from among all eligible Participants received up to the date of discontinuance and may modify the Prizes. Sponsor reserves the right, in its sole discretion, to disqualify any individual and/or Participant it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
CHOICE OF LAW: Entrant agrees that all matters arising out of or relating to this Sweepstakes and these Official Rules are governed by, and construed in accordance with, the laws of the State of Delaware, without giving effect to any of its conflict of laws provisions thereof.
BINDING ARBITRATION: Any controversy or claim arising out of or relating to this Sweepstakes shall be settled by binding arbitration in Dallas, Texas, United State of America, 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 Delaware 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 (60) 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 SWEEPSTAKES IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE
OFFICIAL RULES. Any such arbitration shall be conducted in the English language.
JURY WAIVER. IN AGREEING TO RESOLVE ANY DISPUTE VIA ARBITRATION, YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
PRIVACY: Information submitted with an entry is subject to the Privacy Policy stated on https://arkh.com/privacy-policy.
WINNERS LIST: For the names of the Prize Winners, available after the Prize Winners are identified, send a self-addressed envelope to the Sponsor at:
ARKH, Inc.
13101 Preston Road Suite #110-1065
Dallas, TX 75240
Last Revised: May 1, 2022.
