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Terms & Conditions
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Silverbacks 10K Giveaway Sweepstakes
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THE SILVERBACKS 10K GIVEAWAY SWEEPSTAKES. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. Sponsor; Acceptance of Official Rules. BullionMax, LP (“BullionMax”) is the sponsor of the Silverbacks 10K Giveaway Sweepstakes (the “Sweepstakes). By participating in the Sweepstakes, each participating entrant (an “Entrant”) fully and unconditionally accepts and agrees to comply with these Official Rules (these “Rules”) and to abide by all decisions made by BullionMax in connection with the Sweepstakes, which decisions shall be final and binding. Any Entrant’s use of the BullionMax website in connection with the Sweepstakes shall be subject to the BullionMax, LP Website and Transaction Terms and Conditions
2. Eligibility. The Sweepstakes is subject to applicable law and is void where prohibited. The Sweepstakes is open to individuals who (i) are permanent legal residents of any of the 50 states in the United States other than the states of Florida, New York and Rhode Island or the District of Columbia; (ii) are physically located in the United States; and (iii) are not less than 18 years old. Employees and agents of BullionMax, its parents and other affiliated companies and their respective parents, affiliates, agents and other representatives and the immediate family (spouse, parents, siblings and children) and household members of such employees and agents, whether or not legally related, are not eligible to participate in the Sweepstakes. BullionMax reserves the right to verify the eligibility of all Entrants.
3. Sweepstakes Period. The Sweepstakes begins at 12:00 a.m. Pacific Time on Oct 13th, 2022, and ends at 11:59:59 p.m. Pacific Time on Nov 30th, 2022 (such period, the “Sweepstakes Period”).
4. Prize; Odds of Winning. The prizes for the Sweepstakes are 10,000 Silver Dragons Silverbacks (the “Prizes”). The approximate retail value of each Prize is $9.99, and the approximate retail value of all Prizes, based on the award of all Prizes, is $99,999. Each Entrant is eligible to receive only one Prize, regardless of how many entries from such Entrant are drawn. If eligible entries are received from fewer than 10,000 unique Entrants by the end of the Sweepstakes Period, BullionMax will award the number of Prizes that corresponds to the total number of unique Entrants submitting eligible entries. The Prizes will be awarded “as is” and without any warranty of any kind, whether express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Each Entrant determined to be a winner of the Sweepstakes will not be permitted to transfer their Prize to any other individual or entity or to receive any substitute for their Prize, including the cash equivalent thereof. However, BullionMax reserves the right to substitute for any Prize a prize of equal or greater value if any Prize should become unavailable for any reason. The odds of winning any Prize depend on the number of eligible entries that are received during the Sweepstakes Period.
5. How to Enter Sweepstakes.
Primary Method. To enter the Sweepstakes, Entrants can visit the Sweepstakes entry page on the BullionMax website accessible at https://deals.bullionmax.com/silverback-giveaway
and submit an online entry during the Sweepstakes Period. As part of such online entry, an Entrant must provide their name, valid email address and valid mailing address (no P.O. boxes allowed), which automatically will opt in such Entrant to receive the BullionMax email newsletter (the “Newsletter”) and other emails from BullionMax. Each Entrant will receive one Sweepstakes entry for submitting an online entry by this method and thereby opting in to receive the Newsletter and such other emails, provided that such Entrant remains opted in through the end of the Sweepstakes Period.
Ways to Earn Additional Entries. Entrants who submit an online entry as described above may receive additional Sweepstakes entries during the Sweepstakes Period as described below:
o After an Entrant submits their online entry, such Entrant will be given the option to earn an additional Sweepstakes entry by providing a valid cell phone number, which opts such Entrant into receiving texts from BullionMax. Each Entrant will receive one additional Sweepstakes entry for providing a valid cell phone number and thereby opting in to receive texts, provided that such Entrant remains opted in through the end of the Sweepstakes Period.
o After an Entrant submits their online entry, BullionMax will send an email to the email address provided by such Entrant during the online entry process, which email will include a link to a page with ways for such Entrant to earn additional Sweepstakes entries during the Sweepstakes Period. After logging in with their first name, last name, email address and mailing address, an Entrant can earn additional Sweepstakes entries through the following methods:
o By selecting the “Bonus Entry” option. Such Entrant will earn five additional Sweepstakes entries.
o By referring other individuals to the Sweepstakes, using a unique tracking URL accessible via the linked page. Such Entrant will receive 10 additional Sweepstakes entries for each referred individual who submits an online entry for the Sweepstakes and provides their name, valid email address and valid mailing address (no P.O. boxes allowed).
o By providing a valid cell phone number and newly opting in (or confirming prior opt-in) to receive texts from BullionMax. Such Entrant will receive three additional Sweepstakes entries, provided that such Entrant remains opted in through the end of the Sweepstakes Period.
o By clicking on a link in the linked page to visit the BullionMax Facebook page. Such Entrant will receive one additional Sweepstakes entry.
o By clicking on a link in the linked page to follow the BullionMax Twitter profile. Such Entrant will receive one additional Sweepstakes entry, provided that such Entrant continues to follow the profile through the end of the Sweepstakes Period.
Entry by Mail or Online Entry Without Opting In. An Entrant who wants to enter the Sweepstakes without opting in to receive the Newsletter and other emails from BullionMax can earn a single Sweepstakes entry by choosing one (but not both) of the following two methods:
o Entry by Mail. An Entrant can earn one Sweepstakes entry by legibly printing such Entrant’s name, valid email address and valid mailing address (no P.O. boxes allowed) on a piece of paper and mailing it in an envelope with proper postage addressed to Silverbacks 10K Giveaway Sweepstakes, BullionMax, LP, 3440 W Carson St, Suite 200, Torrance, CA 90503. Mail-in entries must be handwritten and must be received by BullionMax by the end of the Sweepstakes Period. Proof of sending any mailed entry will not be deemed to be proof of receipt by BullionMax. Any mailed entry that is from an address in Florida, New York or Rhode Island or that is lost, late, incomplete, illegible, misaddressed or sent with postage due will be disqualified. BullionMax will not acknowledge or return any entries, all of which will become the exclusive property of BullionMax.
Disqualification. Any attempt by any Entrant to submit or earn entries by using multiple identities, email addresses or mailing addresses or any similar action will void all entries submitted by such Entrant by any method and, at the discretion of BullionMax, disqualify such Entrant from participating in the Sweepstakes. No Entrant is permitted to use any automated system to participate in the Sweepstakes, and any Entrant’s use of any such system will result in disqualification of such Entrant.
6. Communications from BullionMax. Except as described above in the Entry by Mail or Online Entry Without Opting In section, by providing an email address to BullionMax as part of the Sweepstakes entry process, an Entrant automatically opts in to receive the Newsletter and other emails from BullionMax. By providing a cell phone number to BullionMax as part of the Sweepstakes entry process, an Entrant automatically opts in to receive texts from BullionMax. Standard message and data rates may apply. Entrants may opt out from receiving communications from BullionMax at any time by texting “STOP” in response to any text message received, emailing a stop request to [email protected]
(which does not bounce back) or mailing a stop request to BullionMax, LP, 3440 W Carson St, Suite 200, Torrance, CA 90503. Any Entrant who emails or mails a stop request must clearly identify themselves and what communication method, number and/or email address that BullionMax should stop using to communicate with such Entrant, if less than all. Opting out from receiving communications from BullionMax via email or text before the end of the Sweepstakes Period will invalidate any entries earned through such communications method.
7. Drawing; Award of Prizes. On or before the fifth business day after the end of the Sweepstakes Period, BullionMax will randomly select Sweepstakes entries from 10,000 unique Entrants from all eligible entries received during the Sweepstakes Period. Each Entrant is eligible to receive only one Prize, regardless of how many eligible entries from such Entrant are selected. If multiple entries from any Entrant are drawn as part of the selection of the first 10,000 entries, BullionMax will discard the extraneous entries and continue to draw entries from the remaining eligible entries until entries from 10,000 unique Entrants are selected. If entries from fewer than 10,000 unique Entrants are received by the end of the Sweepstakes Period, BullionMax will award the number of Prizes that corresponds to the total number of unique Entrants who submitted eligible entries. Following such selection, BullionMax will notify each Entrant submitting a selected entry (each, a “Potential Winner”) by email to the email address provided by such Entrant and will request confirmation of age. If any notification or attempted notification from BullionMax or any Prize is returned as undeliverable or otherwise unable to be delivered, or age of Potential Winner is determined to be under 18 years old, such Potential Winner will be disqualified and forfeit their right to receive their Prize. In the event of any such disqualification, BullionMax will not conduct any additional drawings from among the remaining eligible entries and the applicable Prize will not be awarded. Each Potential Winner who BullionMax successfully contacts will be designated a winning Entrant (each, a “Winner”). Approximately 30 days following notification of all the Winners, BullionMax will deliver a Prize to each Winner to the mailing address (no P.O. boxes allowed) provided by such Winner to BullionMax. BullionMax is not responsible for any change of any Entrant’s email address, mailing address or telephone number from that provided to BullionMax.
8. Taxes. The value of each Prize will be taxable as income. Each Winner is solely responsible for declaring the value of any Prize they receive as taxable income and paying all applicable federal, state and local taxes on such value.
9. Right to Suspend, Discontinue, Cancel or Modify Sweepstakes. BullionMax reserves the right to suspend, discontinue, cancel or modify the terms of the Sweepstakes if BullionMax determines, in its sole discretion, that any fraud, human error, technical issue or any other factor has impaired or threatens to impair the integrity and/or proper functioning of the Sweepstakes, or in the event of any force majeure event (as described in Section 11 below) that prevents BullionMax from performing any of its obligations under these Rules or otherwise interferes with any aspect of the Sweepstakes. Notice of any such suspension, discontinuation, cancellation or modification of the Sweepstakes will be posted on the Sweepstakes page on the BullionMax website. In the event BullionMax discontinues the Sweepstakes, BullionMax, in its sole discretion, may elect to hold random drawings from among all eligible entries received up to the time the Sweepstakes was discontinued to select Potential Winners.
10. Rights to Disqualify and Seek Damages and/or Prosecution. BullionMax reserves the right, in its sole discretion, to disqualify any individual or entity it determines or suspects to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of these Rules or the rules for any other BullionMax promotion or to be acting in an illegal or disruptive manner. Any attempt by any individual or entity to intentionally undermine the legitimate operation of the Sweepstakes may be a violation of criminal and/or civil law, and BullionMax reserves the right to seek damages from any such individual or entity to the fullest extent permitted by applicable law and/or to pursue criminal charges against them.
11. Force Majeure. BullionMax will not be liable under any legal theory for any failure to perform any obligation in connection with the Sweepstakes, whether under these Rules or otherwise, which failure is caused directly or indirectly by a force majeure event, including, without limitation, any act of God, fire; war, insurrection, riot, epidemic or pandemic, governmental action or refusal to act, communications failure or power failure, any exchange or market ruling or any other cause beyond the reasonable control of BullionMax.
12. Release by Entrants. To the fullest extent permitted by applicable law, by participating in the Sweepstakes, each Entrant agrees to release and hold harmless BullionMax, its parents and affiliated companies and their respective parents, affiliates, suppliers, distributors and advertising agencies, and each such entity’s officers, directors, managers, employees, agents and other representatives, together with all successors, assigns and legal representatives of each of the foregoing (collectively, the “Released Parties”), from and against any and all claims, causes of action, injuries, losses and damages, including, without limitation, claims, causes of action, injuries, losses and damages arising out of or relating to personal injury, death or damage to or loss of property or based on publicity rights, invasion of privacy or defamation, arising in any manner, directly or indirectly, from these Rules, participation in the Sweepstakes and/or delivery, possession or use of any Prize.
13. Disclaimers. To the fullest extent permitted by applicable law, neither BullionMax nor any of the other Released Parties shall have any liability for or otherwise be responsible for any of the following, even if caused by the acts or omissions of one or more Released Parties: (i) any incorrect or inaccurate information in connection with the Sweepstakes, whether caused by Entrants, by printing or publishing errors or by any of the equipment or software used in or otherwise associated with the Sweepstakes; (ii) any technical malfunctions or other technical problems of any kind, including, without limitation, with respect to any telephone network, computer network, computer dating mechanism, computer equipment, software or internet service; (iii) any Entrant’s inability to access the BullionMax website or access or participate in the Sweepstakes due to any hardware or software compatibility problem; (iv) any unauthorized human intervention in any aspect of the Sweepstakes, including the entry process; (v) any technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; (vi) the failure of any email to be received or any electronic Sweepstakes entry to be recorded due to technical issues and/or traffic congestion on the Internet, any network or at any website; (vii) the failure of any email regarding the Sweepstakes to be delivered to an Entrant due to an email filter or any other cause; (viii) any injury or damage to any device, software or data resulting from participation in the Sweepstakes, the submission of any entry and/or the downloading of any materials relating to the Sweepstakes; or (ix) any late, lost, undeliverable, damaged or stolen mail. If, for any reason, BullionMax confirms that any entry from any Entrant has been mistakenly deleted, lost, corrupted or destroyed, such Entrant’s sole remedy will be to receive a substitute entry in the Sweepstakes, provided the same is feasible.
14. Governing Law. These Rules shall be governed by, and all questions and issues concerning the validity, interpretation and enforceability of these Rules, and the rights and obligations of all Entrants and BullionMax in connection with the Sweepstakes, shall be construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of laws rules (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of California.
15. Disputes. To the fullest extent permitted by applicable law, by participating in the Sweepstakes, each Entrant agrees that any and all disputes, claims and causes of action arising out of or in connection with the Sweepstakes and/or any Prize (collectively, “Disputes”) shall be resolved individually, without resort to any form of class action. All Disputes shall be submitted to final and binding arbitration conducted in Los Angeles County, California, before a single neutral arbitrator under the JAMS arbitration rules and procedures. To the fullest extent permitted by applicable law, by participating in the Sweepstakes, each Entrant further agrees that (i) any and all claims, awards and judgments shall be limited to actual out-of-pocket costs incurred by such Entrant in connection with the Sweepstakes, but specifically excluding any attorneys’ fees or costs; and (ii) under no circumstances will such Entrant be permitted to obtain any award for, and such Entrant hereby irrevocably waives all rights to claim, any and all special, incidental, indirect, consequential and punitive damages and all other damages other than such actual out-of-pocket expenses incurred by such Entrant in connection with the Sweepstakes, but specifically excluding any attorneys’ fees or costs, and any and all rights to have damages multiplied or otherwise increased. Any party may enforce a final arbitration award in any court of competent jurisdiction in Los Angeles County, California, including an award of costs, fees and expenses incurred in enforcing such award. Any Dispute that may not be arbitrated for any reason shall be brought only in a court of competent jurisdiction in Los Angeles County, California.
16. No Waiver. No delay or failure on the part of BullionMax in enforcing any provision of these Rules or in exercising any legal right or remedy it may have shall be deemed to constitute a waiver of such provision, right or remedy. In addition, no partial exercise by BullionMax of any legal right or remedy it may have shall preclude the further exercise by BullionMax of such right or remedy or its exercise of any other right or remedy it may have.
17. Severability. if any provision of these Rules is determined by any court of competent jurisdiction or arbitrator to be invalid, illegal or unenforceable to any extent, that provision shall, if possible, be construed as though more narrowly drawn, if a narrower construction would avoid such invalidity, illegality or unenforceability, or, if that is not possible, such provision shall, to the extent of such invalidity, illegality or unenforceability, be severed from these Rules, and the remaining provisions of these Rules shall remain in effect.
19. Consent to Use. Except where prohibited by applicable law, by virtue of participating in the Sweepstakes, each Winner consents to the use by BullionMax and its agents and representatives of such Winner’s first name, first initial of last name and state of residence for the purpose described in Section 20, without further payment or consideration.
20. Winners’ Names. After confirmation of the winning entries, each Winner’s first name, first initial of last name and state of residence will be posted on the BullionMax website at https://deals.bullionmax.com/silverback-giveaway/winners[AK2]
. To obtain the same information for the Winners by mail in any state where applicable law requires such information to be made available by mail, mail a self-addressed, stamped envelope that is enclosed in another envelope or package addressed to Silverbacks 10K Giveaway Sweepstakes Winners, 3440 W Carson St, Suite 200, Torrance, CA 90503, no later than November 30, 2022.