OFFICIAL RULES
WIN FREE TICKETS FOR LIFE SWEEPSTAKES - 2024
Presented by TicketSmarter, Inc.
Read the official rules below and then enter the Free Tickets for Life Sweepstakes (the “Sweepstakes”) presented by TicketSmarter, Inc.
NO PURCHASE, PAYMENT, OR TEST IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT DOES NOT INCREASE THE CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED.
NO SIGNATURE IS NECESSARY TO BE BOUND TO THESE OFFICIAL SWEEPSTAKES RULES (“RULES”). YOUR ENTRY IN THIS SWEEPSTAKES MEANS THESE RULES FORM A BINDING LEGAL CONTRACT, SO READ THEM CAREFULLY BEFORE PARTICIPATING. WITHOUT LIMITATION, THIS CONTRACT PROVIDES FOR YOUR INDEMNIFICATION OF THE SPONSOR AND OTHER PARTIES, THE WAIVER OF THE RIGHTS TO PARTICIPATE IN A CLASS ACTION OR A JURY TRIAL, AND A REQUIREMENT THAT MOST DISPUTES WILL BE SETTLED BY MANDATORY BINDING ARBITRATION.
SPONSORSHIP: This Sweepstakes is sponsored and administered by TicketSmarter, Inc. (“TicketSmarter” or “Sponsor”), having its principal place of business at 7007 College Blvd, Suite 100, Overland Park, Kansas 66211.
SWEEPSTAKES PERIOD: Entries in the Sweepstakes will be accepted online only beginning on May 9, 2024 at 9:00 a.m. Central Time (“CT”) and ending by December 30, 2024 at 11:59 p.m. CT (the “Sweepstakes Period”). There will be six (6) drawings (each a “Drawing”). Entries in each Drawing must be received within the Sweepstakes Period and before the applicable cutoff date and time, as outlined below (“Cutoff Time”). Further, each Drawing will have its own separate Prize (defined below). Entries in applicable Drawings will rollover to subsequent Drawings.
Drawing |
Cutoff Date and Time |
Drawing Date |
Drawing One |
11:59 p.m. CT on July 30, 2024 |
July 31, 2024 |
Drawing Two |
11:59 p.m. CT on August 29, 2024 |
August 30, 2024 |
Drawing Three |
11:59 p.m. CT on September 29, 2024 |
September 30, 2024 |
Drawing Four |
11:59 p.m. CT on October 30, 2024 |
October 31, 2024 |
Drawing Five |
11:59 p.m. CT on November 28, 2024 |
November 29, 2024 |
Drawing Six |
11:59 p.m. CT on December 30, 2024 |
December 31, 2024 |
ELIGIBILITY: This Sweepstakes is only open to legal residents of the United States or Canada (excluding Quebec) who are of the age of majority or older in the applicable jurisdiction in which the entrant (“You” or “Entrant”) resides, but not less than 18 years old. Do not enter unless you are eligible and located in the United States or Canada (excluding Quebec) during the Sweepstakes Period. ALL OTHERS ARE INELIGIBLE TO ENTER AND WILL BE DISQUALIFIED. Employees of TicketSmarter or any of its parent, affiliate, and subsidiary companies, advertising agencies, participating sponsor or any other company involved with the design, production, execution or distribution of the Sweepstakes and their immediate family members (spouse, parents, siblings, children, and their respective spouses) and household members of each such employee (whether or not related) are not eligible to participate in or win the Sweepstakes. The Sweepstakes is subject to all applicable federal, state, and local laws and regulations, and is void where prohibited by law.
AGREEMENT TO RULES: By participating, You agree to be fully and unconditionally bound by these Rules, and You represent and warrant that You meet the eligibility requirements. In addition, You agree to accept the decisions of TicketSmarter as final and binding as it relates to the content and operation of this Sweepstakes. Any illegal activity or activity contrary to these Rules is grounds for disqualification. Winning a Prize is contingent upon being compliant with these Rules and fulfilling all other requirements set forth herein. By participating, You agree to be bound by the UpViral.com (“UpViral”) terms and conditions in using the UpViral platform, which can be reviewed at www.upviral.com.
WAYS TO ENTER: During the Sweepstakes Period, to receive one (1) entry in the Sweepstakes, visit the sweepstakes page at https://www.ticketsmarter.com/win-free-tickets-for-life (“Sweepstakes Page”) and follow the prompts to submit your name and email address. Maximum of one (1) entry per person during the Sweepstakes Period using this entry method.
After you have submitted your name and email to obtain one (1) entry in the Sweepstakes, you will be able to obtain additional entries through other entry methods, detailed on the Sweepstakes Page and below:
- Share on X: To receive an additional five (5) entries in the Sweepstakes, follow the prompts to “share” the applicable Sweepstakes post on X. The caption of your post must include the hashtag #ticketsmartersweepstakes. Maximum of five (5) entries per person during the Sweepstakes Period using this entry method.
- Share on Pinterest: To receive an additional five (5) entries in the Sweepstakes, follow the prompts to “share” the applicable Sweepstakes post on Pinterest. The caption of your post must include the hashtag #ticketsmartersweepstakes. Maximum of five (5) entries per person during the Sweepstakes Period using this entry method.
- Referral: To receive additional entries in the Sweepstakes, after you have entered the Sweepstakes, click the link on the Sweepstakes Page to send an email to your friend to invite them to participate in the Sweepstakes by using your unique referral code. You will receive one (1) entry for each friend that enters the Sweepstakes using your unique referral code. Maximum of five (5) entries per person during the Sweepstakes Period using this entry method.
When entering the Sweepstakes, you agree to receive promotional email communications from Sponsor, unless you opt-out at any time.
You may submit multiple entries for this Sweepstakes, subject to the maximum number of entries per entry method as outlined above. Entries beyond the permitted number are void.
Notwithstanding the foregoing, to be eligible for the Sweepstakes, You may not post comments or any content that in any way incites, advocates, or expresses hatred, ethnic slurs, bigotry, racism, or gratuitous violence, uses personal insults, pornography, vulgarity, profanity, obscenity, or other offensive language or content, depicts nudity or lewd content of any sort, promotes beverage alcohol along with unsafe activities that could lead to an unsafe situation, promotes excessive consumption of alcohol beverages, irresponsible consumption of alcohol beverages such as drunk driving, promotes any illegal drug use, misrepresents the source of anything in your posted content, including impersonation of another individual or entity.
Sponsor may reject any entry in its sole discretion if the entry in whole or in part: contains any illegal or offensive activity, or is obscene, defamatory, likely to incite violence or illegal; includes any material in violation of any third-party’s rights; contains material which is (or promotes activities which are) sexually explicit, obscene, pornographic, violent, self-mutilating or mutilating of animals, discriminatory (based upon race, sex, religion, natural origin, physical disability, sexual orientation or age); is threatening, profane or harassing; portrays Sponsor or any person or entity negatively; violates any third-party rights including but not limited to copyright, trademark, patent, contract, and/or publicity or privacy rights, of any other person or entity; includes directly or indirectly any trademark, logo, or intellectual property in any way unless owned exclusively by Entrant, and/or which is otherwise deemed to be inappropriate or demeaning in Sponsor’s sole discretion. Notwithstanding, Sponsor reserves the right in its sole discretion to disqualify any entry that violates these parameters and/or any other part of these Rules.
Your entries must comply with these Rules and fulfill all Sweepstakes requirements, as specified, to be eligible to win a Prize. Anyone found to have used multiple accounts to enter will be ineligible and/or disqualified. Entries that are incomplete or do not adhere to the Rules or specifications may be disqualified at the sole discretion of TicketSmarter. Entries generated by script, macro or other automated means are void, as are entries that are illegible, garbled, incomplete and/or that contain errors. TicketSmarter is not responsible for lost, late, incomplete, invalid, unintelligible, or misdirected registrations, which will be disqualified. Potential Winners (defined below) may be required to show proof of identity.
In the event of a dispute regarding the identity of any Entrant, the authorized account holder of the email address used to enter the Sweepstakes will be deemed to be the Entrant. 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 Winner(s) of any Prize may be required to show proof of being the authorized account holder to be awarded the Prize. All entry information becomes the sole and exclusive property of Sponsor and will not be returned or cancelled. No other entry method will be accepted.
This Sweepstakes is in no way sponsored, endorsed, or administered by, or associated with, X, Facebook, Instagram, or Pinterest (collectively, “Social Media Platforms”).
Neither the Social Media Platforms, nor TicketSmarter assume any responsibility for the conduct or administration of this Sweepstakes. You are providing your information to TicketSmarter and not to the Social Media Platform(s). The names of individuals, groups, companies, products, and services mentioned herein, and any corresponding likenesses, logos and images thereof reproduced herein, have been used for identification purposes only and may be the copyrighted properties and trademarks of their respective owners. The mention of any individual, group, or company, including a Social Media Platform, or the inclusion of a product or service as the prize, does not imply any association with or endorsement by such individual, group or company or the manufacturer or distributor of such product or service and, except as otherwise indicated, no association or endorsement is intended or should be inferred.
PRIZE: There will be one (1) prize available in each Drawing. Your odds of winning depend on the number of eligible entries received during the Sweepstakes Period and prior to the applicable Cutoff Time. Proof of transmission is not proof of receipt of your entry. All decisions of TicketSmarter are final and binding with respect to all matters related to the Sweepstakes. Each prize shall be comprised of a certificate valid for redemption of up to $2,000 worth of tickets on the ticketSmarter.com website each year for 40 years, plus one (1) $750 hotelplanner.com gift card and one (1) $750 visa gift card (“Prize”). For clarity, the $750 hotelplanner.com and Visa gift cards shall be awarded to each verified winner, consistent with the verification process outlined below (“Verified Winner” or “Winner”) one time only and will not be awarded to the applicable Verified Winner each subsequent year during the Prize fulfillment period.
This Prize is the only prize available in this Sweepstakes. The approximate retail value of the Prize is $3,500 in the first year and $2,000 per year for each successive year for a total of 40 years.
Further Prize Details: Verified Winner(s) will receive a gift card or promo code for $2,000 annually to be used for tickets on the TicketSmarter.com. website. The promo code will expire one year from date of issuance, one ticket per promo code must be used by Verified Winner(s), and only one event may be selected by Verified Winner annually. Promo codes cannot be combined with any other offer or used in combination with any other promotional code/offer. Any remaining balance on the gift card/promo code from a purchase will be forfeited and cannot be used for a secondary purchase. If Verified Winner selects tickets to an event where the purchase amount is in excess of $2,000, the Winner is responsible for paying the difference. The specifics of the prize, and its method of delivery, shall be solely determined by TicketSmarter. No transfer, substitution or cash redemption will be awarded in lieu of the stated prize except by TicketSmarter, who reserves the right to substitute the prize (or portion thereof), in its sole discretion. Any and all prize-related expenses, including without limitation any and all federal, state, and/or local taxes, shall be the sole responsibility of Verified Winner. No request for the cash equivalent, substitutions, or the assignment and/or transfer of the prize to others is permitted. Acceptance of the Prize constitutes your permission for TicketSmarter to use the Verified Winner’s name, likeness, and entry for purposes of advertising, publicity, promotion, and trade without further compensation, unless prohibited by law. If you are selected as a Potential or Verified Winner, your information may also be included in a publicly available winner’s list. At any time during the 40-year period, Sponsor may pay the remaining balance to the Verified Winner(s) as a cash payment, to be reasonably determined by Sponsor, in satisfaction of the Prize award. In the event TicketSmarter is discontinued or no longer in business for any reason during the 40-year prize delivery period, the remaining Prizes for the subsequent years shall be void.
SWEEPSTAKES WINNER SELECTION AND NOTIFICATION: On or about each Drawing Date, Sponsor will select one (1) entry in a random drawing among all valid entries received during the Sweepstakes Period and before the applicable Cutoff Time as the potential winner (“Potential Winner(s)”). Sponsor will contact the Potential Winner(s) by email using the email address the Potential Winner(s) used to enter the Sweepstakes. If selected as a Potential Winner, Canadian Entrant(s) will be required to accurately complete a time-based math question in order to be eligible to receive a Prize. Failure by Potential Winner(s) to respond to the initial verification, or failure by Canadian Entrant(s) to correctly answer the skill question, within 48 hours of notification may result in disqualification, and Sponsor may, at its discretion, select an alternate Potential Winner(s) from all remaining valid entries. Odds of winning a Prize depends on the number of eligible entries received during the Sweepstakes Period and prior to the applicable Cutoff Time.
WINNER VERIFICATION: POTENTIAL WINNER’S ELIGIBILITY IS SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE SWEEPSTAKES. Any Potential Winner must continue to comply with all terms and conditions of these Rules and winning is contingent upon fulfilling all requirements. Sponsor may run a background check on any Potential Winner. The Potential Winner may be required to execute and return to Sponsor for its receipt within five (5) business days of notification, an Affidavit of Eligibility, Release of Liability and Publicity Release (where permitted by law) (collectively, the “Affidavit”) in order to claim his/her Prize. Sponsor may, but is not obligated to, exercise its rights under such Affidavit. In the event: (a) Potential Winner(s) cannot be reached for whatever reason after a reasonable effort has been exerted or the Potential Winner(s) notification or Affidavit is returned as undeliverable; (b) Potential Winner(s) declines or cannot accept, receive or use the Prize for any reason; (c) of noncompliance with the above or within any of the aforesaid time periods; (d) Potential Winner(s) is found to be ineligible to enter the Sweepstakes or receive the Prize; (e) Potential Winner(s) cannot or does not comply with these Rules; or (f) Potential Winner(s) fails to fulfill the Affidavit-related obligations, the Potential Winner shall be disqualified from the Sweepstakes and an alternate Potential Winner may be selected, at Sponsor’s sole discretion, from among the other eligible entries received. Sponsor reserves the right to modify the notification and Affidavit procedures in connection with the selection of alternate Potential Winner, if any.
Winners will be solely responsible for all applicable federal, state, and local taxes on Prize(s) and will receive an IRS Form 1099 for the retail value of the Prize and must provide Sponsor with a valid social security number if requested for tax reporting purposes.
TicketSmarter, and its parent companies, subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers, and directors, shall have no liability for the Potential or Verified Winner’s failure to receive notices, including due to spam, junk e-mail or other security settings, or for the Potential or Verified Winner’s provision of incorrect or otherwise non-functioning contact information. Receipt by the Verified Winner of the Prize offered in this Sweepstakes is conditioned upon compliance with any and all federal, state, and local laws and regulations. Any Potential or Verified Winner of a Drawing later determined to be ineligible under these Rules may be required to return the awarded Prize and will not be entitled to any future annual Prize installments. ANY VIOLATION OF THESE OFFICIAL RULES BY A POTENTIAL OR VERIFIED WINNER WILL RESULT IN THAT ENTRANT’S DISQUALIFICATION, IN TICKETSMARTER’S SOLE DISCRETION, AND ALL PRIVILEGES AS A POTENTIAL OR VERIFIED WINNER WILL BE IMMEDIATELY TERMINATED.
RIGHTS GRANTED BY YOU: By entering this Sweepstakes, You understand and agree that TicketSmarter, and anyone acting on behalf of TicketSmarter, including, without limit, TicketSmarter’s parent companies, subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers, and directors, shall have the right, where permitted by law, to print, publish, broadcast, distribute, and use in any media now known or hereafter developed, in perpetuity and throughout the World, without limitation, your entry, name, portrait, picture, voice, likeness, image, statements about the Sweepstakes, and biographical information for news, publicity, information, trade, advertising, public relations, and promotional purposes, without any further compensation, notice, review, or consent, You agree to execute further specific consents to such use if asked to do so.
ENTRY CONDITIONS AND RELEASE: By entering, each Entrant agrees to: (a) comply with and be bound by these Rules and the decisions of the Sponsor and/or its designee(s) which are binding and final in all matters relating to these Sweepstakes; (b) release and hold harmless Sponsor, the Social Media Platforms, and their respective parent, subsidiary and affiliated companies, the Prize suppliers and any other organizations and/or persons responsible for sponsoring, fulfilling, administering, advertising or promoting the Sweepstakes, and all of their respective past and present officers, directors, employees, agents and representatives (collectively, the “Released Parties”) from and against any and all claims, expenses and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a Entrant’s entry, creation of an entry or submission of an entry, participation in the Sweepstakes, acceptance or use or misuse of Prize (including any travel or activity related thereto) and/or the broadcast, exploitation or use of entry; and (c) indemnify, defend and hold harmless the Released Parties from and against any and all claims, expenses, and liabilities (including reasonable attorneys’ fees) arising out of or relating to an Entrant’s participation in the Sweepstakes and/or Entrant’s acceptance, use or misuse of any Prize.
The Released Parties are not responsible for: (a) any incorrect or inaccurate information, whether caused by Entrant, or programming associated with or used in the Sweepstakes; (b) technical failures of any kind, including but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (c) unauthorized human intervention in any part of the entry process or the Sweepstakes; (d) technical or human error, which may occur in the administration of the Sweepstakes or the processing of entries; (e) any injury or damage to persons or property, which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Sweepstakes or receipt or use or misuse of any Prize; or (f) entries, prize claims or notifications that are lost, late, incomplete, illegible, unintelligible, damaged or otherwise not received by the intended recipient, in whole or in part, due to computer, human or technical error of any kind, including but not limited to, by reason of unauthorized human intervention, spam filters, privacy settings, inactive email accounts or an entrant’s failure to monitor its email account. If for any reason an Entrant’s entry is confirmed to have been erroneously deleted, lost or otherwise destroyed or corrupted, Entrant’s sole remedy is another entry in the Sweepstakes. No more than the stated number of Prizes will be awarded. If, for any reason, the Sweepstakes cannot be executed as planned, including, but not limited to, any governmental order, epidemic, pandemic, force majeure, social media mandate, printing, administrative or other error of any kind, transmission failure, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor that corrupt or affect the security, administration, fairness, integrity or proper conduct of the Sweepstakes, or if the Sweepstakes is compromised or becomes technically corrupted in any way, electronically or otherwise, Sponsor reserves the right, in its sole discretion, to cancel, modify or terminate the Sweepstakes and, if terminated before the original end date, to select the Potential Winners from among all eligible, non-suspect entries received as of the date/time of termination.
GENERAL CONDITIONS: Entrant’s entry shall comply with Sponsor’s, the Social Media Platform’s, and/or any third-party platform provider’s terms of service/use and privacy policies, and shall not: (a) contain material which is (or promoting activities which are) sexually explicit, obscene, pornographic, violent, self-mutilation, discriminatory (based on race, sex, religion, natural origin, physical disability, sexual orientation or age), illegal (e.g. underage drinking, substance abuse, computer hacking, etc.), offensive, threatening, profane, or harassing; (b) contain content which would be derogatory and/or insulting of any others, including Sponsor and/or other persons or entities, products or services; (c) contain content which refers to and/or is complimentary of any competitors of Sponsor or which is complimentary of and/or refers to any product competitive with any product or service of Sponsor; (d) include personally identifiable information or any other information or indicia of any person other than Entrant and should the Entrant include personally identifiable information about him/herself in his/her entry, Entrant acknowledges and agrees that such information will be disclosed publicly and Entrant is solely responsible for any consequences thereof; and (e) contain material that violates or infringes another’s rights, including but not limited to privacy, publicity or intellectual property rights, including copyright infringement. Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor in its sole discretion. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of these Rules 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 Rules shall not constitute a waiver of that provision.
INDEMNITY/LIMITATION OF LIABILITY: By entering this Sweepstakes, You, the entrant, agree to release and hold harmless the Released Parties from and against any and all claims or causes of action, including but not limited to personal injury, death, or damage to or loss of property, arising out of or relating to (i) your participation in this Sweepstakes and/or the receipt or use or misuse of any prizes granted herein; (ii) technical failures of any kind, including but not limited to the malfunction of any computer, cable, network, hardware, or software, or other mechanical equipment; (iii) the unavailability or inaccessibility of any transmissions, telephone, or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Sweepstakes; or (v) electronic, printing, typographical, or human error in the administration of the Sweepstakes, the announcement of the prize, or the processing of entries. By participating in this Sweepstakes, You waive all rights to claim punitive, incidental, and consequential damages, attorneys' fees, or any damages other than actual out-of-pocket costs incurred to enter the Sweepstakes. TicketSmarter makes no warranties covering any of the prizes furnished as part of this Sweepstakes.
BY ENTERING THE SWEEPSTAKES, ENTRANT AGREES THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE(S) AWARDED WILL BE LIMITED TO ACTUAL, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; AND (2) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED.
SOME JURISDICTIONS DO NOT ALLOW THE FOREGOING LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
FOR CALIFORNIA ENTRANTS: EACH ENTRANT UNDERSTANDS AND AGREES THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OF THE UNITED STATES ARE HEREBY EXPRESSLY WAIVED BY HIM/HER AGAINST THE RELEASED PARTIES. SECTION 1542 READS AS FOLLOWS:
“CERTAIN CLAIMS NOT AFFECTED BY A GENERAL RELEASE. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. Except where prohibited by law, as a condition of participating in this Sweepstakes, each Entrant agrees as follows:
Binding Arbitration Agreement. Except as otherwise stated below, any and all legal issue, claim or dispute arising out of or connected or related in any way to the Sweepstakes, including but not limited to Prize awarded, shall be resolved through final, binding arbitration. Entrant specifically agrees that, except as otherwise provided herein, entry into the Sweepstakes waives all rights to bring a lawsuit based on such claim(s) or dispute(s) and the right to have such lawsuit resolved by a judge or a jury.
This Arbitration Agreement shall be governed by the Federal Arbitration Act, (9 U.S.C. § 1 et seq.). Any arbitration will be commenced and administered by JAMS under the rules of JAMS, including JAMS Consumer Arbitration Minimum Standards [hyperlink to: https://www.jamsadr.com/consumer-minimum-standards/]. If JAMS’ criteria are met by the nature of the dispute, the Entrant agrees that the arbitration shall be conducted under JAMS Streamlined Arbitration Rules & Procedures [hyperlink to: https://www.jamsadr.com/rules-streamlined-arbitration/]. Judgment upon any arbitration award may be entered in any court of appropriate jurisdiction.
Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. However, if Entrant is unable to pay JAMS’ costs, Sponsor will pay all arbitration fees and expenses. If JAMS is unavailable, unwilling, or otherwise unable to administer an arbitration in accordance with these rules, then another arbitration administrator will do, to be selected by agreement of the parties.
Neither Entrant nor Sponsor shall be permitted to obtain awards, and all parties hereby waive all rights to claim, punitive, incidental, or consequential damages, or any other damages, including attorneys’ fees, other than Entrant’s actual out-of-pocket expenses (i.e., costs associated with participating in this Sweepstakes). The parties further waive all rights to have damages multiplied or increased.
The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon both you and us. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, except that this sentence shall not apply to the Class Action Waiver provisions described below. The arbitrator will render a decision in writing. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award. This Arbitration Agreement will survive the termination of your relationship with us.
Excluded Disputes. Notwithstanding the binding arbitration requirement set forth in this section, Entrant may bring qualifying claims in small claims court so long as the matter remains in such court and advances only on an individual, non-class, non-representative basis.
Class Action Waiver. To fullest extent permitted by applicable law, you and we agree to bring any claim or dispute, whether in arbitration, or court as permitted by these terms, ON AN INDIVIDUAL BASIS ONLY, AND NOT AS A CLASS ACTION OR COLLECTIVE ACTION. There shall be no right or authority for any claim or dispute to be brought, heard or arbitrated as a class or collective action ("Class Action Waiver"). The arbitration will decide the rights and liabilities, if any, of you and us. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity. Regardless of anything else in this Arbitration Agreement and/or the applicable JAMS rules, the interpretation, applicability, enforceability, or formation of the Class Action Waiver may only be determined by a court and not an arbitrator. This Class-Action Waiver will survive the termination of your relationship with us.
One-Year Time Limit to Raise Disputes or Claims. You agree that any dispute, claim or lawsuit, regardless of form, that may arise out of or related to the Sweepstakes, must be filed within ONE (1) YEAR of the action, omission, event or occurrence giving rise to the dispute, claim(s) or lawsuit. After the expiration of the one-year period, such dispute, claim(s) or lawsuit will be time-barred and prohibited, without regard to any longer period of time which may be provided by any period of limitation or pursuant to law or statute.
Waiver of Jury Trial. BOTH ENTRANT AND SPONSOR HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, except as provided herein. We are instead mutually electing that all disputes, claims, or requests for relief shall be resolved by arbitration under this Arbitration Agreement, except as specified herein. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
Location of Arbitration. Entrant may choose to have the arbitration conducted by video conference technology such as zoom, or based on written submissions. Otherwise, the location of the arbitration proceeding shall take place in the city or state where Entrant resides, unless each party to the arbitration agrees otherwise, or at another mutually agreed upon location.
GOVERNING LAW: These Rules and any disputes between us shall be governed by the laws of the State of Kansas without giving effect to any choice of law or conflict of law rules (whether of the State of Kansas or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Kansas.
SEVERABILITY: In the event any provision of these Rules is determined to be void or unenforceable, such determination shall not affect the remainder of these terms, which shall continue to be in force.
PRIVACY: When registering for the Sweepstakes, you expressly agree to receive promotional communications from Sponsor. Information collected from Entrants is subject to the Sponsor’s Privacy Policy, which is available at https://www.ticketsmarter.com/privacy-policy#privacy. If you are selected as a Potential or Verified Prize Winner, your name, city, and state may also be included in a publicly available Winners' List.
WINNERS LIST: To obtain a copy of the Winner’s name or a copy of these Official Rules, mail your request along with a stamped, self-addressed envelope to: TicketSmarter, Inc., 7007 College Blvd, Suite 100, Overland Park, Kansas 66211. Requests must be received no later than 60 days after the end of the Sweepstakes Period.
Questions?: Please email contact@ticketsmarter.com