Daylight (“Sweepstakes”) Official Rules
NO PURCHASE NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES.
ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ENTRIES RECEIVED FOR THE SWEEPSTAKES PERIOD.
VOID WHERE PROHIBITED BY LAW.
A VERIFICATION OF ELIGIBILITY, LIABILITY RELEASE AND PUBLICITY RELEASE MAY BE REQUIRED.
ONLINE ENTRY ONLY AND INTERNET CONNECTION AND EMAIL ADDRESS REQUIRED.
THIS SWEEPSTAKES AND ASSOCIATED PRIZES ARE SPONSORED BY BE MONEY INC., WHICH OPERATES https://joindaylight.com/ (“Sponsor” or “Daylight”).
THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED, ADMINISTERED BY, OR ASSOCIATED WITH UNITED INTERACTIVE’S “RANDOMPICKER” TOOL (found at Randompicker.com) (hereinafter referred to as the “RandomPicker”).
BY ENTERING (OR OTHERWISE PARTICIPATING IN) THE SWEEPSTAKES, ENTRANTS AGREE TO THESE OFFICIAL RULES, WHICH ARE A BINDING CONTRACT: READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE SWEEPSTAKES ENTITIES, AS DEFINED BELOW, FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
MUST BE 18 YEARS OF AGE OR OLDER TO ENTER (OR THE AGE OF MAJORITY IN YOUR STATE OF CITIZENSHIP, WHICHEVER IS OLDER).
- Eligibility. The Sweepstakes is open only to individuals (not groups) who are legal residents and physically located in one (1) of the fifty (50) states in the United States or the District of Columbia and who are at least eighteen (18) years of age (or the age of majority in his or her state of citizenship, whichever is older) as of the date of entry. Employees, representatives, agents, officers and directors of Daylight, any parent companies, and each of their respective affiliates, subsidiaries, advertising and promotion agencies, distributors, sponsors, and other prize suppliers (collectively, the “Sweepstakes Entities”), and each of such employees’, representatives’, agents’, officers’ and/or directors’ immediate family members and/or those living in the same household (whether legally related or not) are not eligible to enter the Sweepstakes or win a prize. For purposes of this Sweepstakes, immediate family members are defined as spouse, partner, parents, legal guardians, in-laws, grandparents, siblings, children and grandchildren, and those living in the same household shall mean people who share the same residence at least three (3) months a year, whether legally related or not. Void where prohibited by law. In addition, you are not eligible to participate or win a prize in this Sweepstakes if you have been involved in the development, production, implementation, and distribution of this Sweepstakes. By participating in the Sweepstakes, each entrant unconditionally accepts and agrees to comply with and abide by these “Official Rules” and the decisions of Daylight, including the interpretation of these Official Rules and its exercise of discretion, which will be final and binding in all respects.
- Sweepstakes Period and Entry Periods. The Sweepstakes begins on 10/19/2021 and ends when the winner is chosen on 11/30/2021 23:59pm EST.
- How to Enter. There is one (1) method of entry for this Sweepstakes, as follows:
- Primary Method of Entry. To enter the Sweepstakes, during the Sweepstakes Period you must submit a valid email address to join the Daylight waitlist at https://joindaylight.com/.
- Limit of one (1) entry per email address during the Sweepstakes Period will be accepted during the Sweepstakes. Each entrant may participate in the Sweepstakes one time per email address. Entries generated by a script, computer programs, macro, programmed, robotic or other automated means are void and may be disqualified. Entries that are in excess of the stated limits, inappropriate, not responsive to the questions posed, incomplete, illegible, corrupted, damaged, destroyed, forged, false, lost, late or misdirected, deceptive or otherwise not in compliance with the Official Rules may be disqualified from the Sweepstakes at Daylight’s sole and absolute discretion. All materials submitted become the property of Daylight and will not be returned. In the event of a dispute over the identity of an online entrant, entry will be deemed submitted by the registered account holder of the e-mail address associated with the entry for the domain associated with the submitted address, provided that person is eligible. Winners may be required to show proof of being the registered account holder. Registered account holder is defined as the person assigned to an e-mail address by an Internet access provider, on-line service provider or other organization responsible for assigning e-mail addresses. In the event a dispute regarding the identity of the individual who actually submitted an entry cannot be resolved to Daylight’s satisfaction, the affected entry will be deemed ineligible. Daylight’s designated clock will be the official timekeeper for this Sweepstakes. Illegible and/or incomplete entries and entries submitted by entrants who do not meet the eligibility requirements (including all requirements with respect to age and residence) are void. Those who do not follow all of the instructions, provide the required information in their entry, or abide by these Official Rules or other instructions of Daylight may be disqualified. Daylight may run multiple campaigns, contests, sweepstakes or other promotions simultaneously. Entry into one (1) campaign, contest or sweepstakes does not constitute entry into any other.
- Winner Selection and Prize Claiming.
- Everyone who joins the Daylight waitlist during the Sweepstakes Period, as described in Section 3 (“Entrants” or “entrant”) will be a potential winner of a prize. Daylight will then use RandomPicker to randomly select a winner from Entrants who have joined the Daylight waitlist. One (1) Entrants’ email address will be chosen at random using the previously stated tool to be potential winners of a $2500 cash deposit. The potential winners will be selected on or after 23:59 p.m. EST on 11/30/2021, until 23:59 p.m. EST on 12/10/2021, in accordance with these Official Rules. Daylight will have complete discretion over interpretation of the Official Rules, of administration of the Sweepstakes, and of selection of the winner. Decisions of Daylight as to the selection of the winner will be final. Daylight will contact the potential winner(s) via the email address used to enter the Sweepstakes (the “notification email”). Notification is deemed to have occurred immediately upon Daylight sending the potential winner(s) a notification email. Individual potential winner(s) must respond to Daylight’s notification within 48 hours of the initial attempt to contact a potential winner and failure to respond in the manner and method requested will result in disqualification. The Sweepstakes Entities are not responsible for failure of a potential winner to contact Daylight after being notified that he or she is a potential winner.
- Winner may be required to submit a Verification of Eligibility, Liability Release and Publicity Release (collectively, the “Release”) and return it to Daylight in the manner specified in the notification email and within the time period specified in the notification email before being eligible to receive his or her prize. If any potential prize winner fails or refuses to sign and return such Release, or any other document required or requested by Daylight, within the time period required by Daylight or if the prize or prize notification email is returned as rejected, faulty, unclaimed or returned as undeliverable to such potential prize winner, such potential prize winner may be disqualified and an alternate may be selected. Non-compliance shall result in disqualification and award of the prize to an alternate winner. If any potential prize winner is found to be ineligible, or if he or she has not complied with these Official Rules, or if the potential prize winner cannot attend or participate in any portion of the prize, or declines a prize for any reason prior to award, such potential winner may be disqualified and an alternate potential winner may be selected. If, for any reason, more bona fide winners come forward seeking to claim prizes in excess of the number of each type of prize set forth in these Official Rules, the winners, or remaining winners, as the case may be, of the advertised number of prizes available may be selected in a random drawing from among all persons making purportedly valid claims for such prizes. Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances. The Sweepstakes Entities are not responsible for and shall not be liable for late, lost, damaged, intercepted, misdirected, or unsuccessful efforts to notify the potential winner.
- Odds. Odds of winning will depend upon the total number of eligible entries received.
- Prizes and Values. One (1) winner of this Sweepstakes will be awarded a $2500 cash deposit to their Daylight account. Prizes will be delivered to the winner or winners as soon as reasonably practicable, as determined by Daylight in its sole and absolute discretion. Prizes are non-transferable, with no cash redemptions, equivalents or substitutions except at Daylight’s sole and absolute discretion. All prize details not specified in these Official Rules will be determined in Daylight’s sole and absolute discretion. Prize details and availability are subject to change and prize provider’s rules and restrictions. In the event that Daylight is unable to provide the winner with his or her prize, Daylight may elect to provide the winner with the approximate value of such item in cash or award an alternate prize of comparable or greater value. In the event a participant or prize winner engages in behavior that (as determined by Daylight in its sole and absolute discretion) is obnoxious, inappropriate, or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Daylight reserves the right to cancel the Sweepstakes for that participant or winner, and/or not award any prize to that participant or winner, if applicable. All prizes are awarded “AS IS” and without warranty of any kind, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose). Prizewinners will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the prize they receive, regardless of whether they, in whole or in part, are used. Unclaimed prizes will be forfeited. Daylight is not responsible for and will not replace any lost, mutilated, or stolen prizes or any prize that is undeliverable or does not reach the winner because of an incorrect or changed address. If the winner does not accept or use the entire prize, the unaccepted or unused part of the prize will be forfeited and Daylight will have no further obligation with respect to that prize or portion of the prize. No more than the stated prizes will be awarded. The winner is strictly prohibited from selling, auctioning, trading or otherwise transferring any part of the prize.
- Publicity Release. Subject to applicable law, entrant irrevocably grants to Daylight, and those acting with its authority, the unrestricted, absolute, perpetual, worldwide right and license to use entrant’s name, address (city and state), photograph, likeness, voice, biographical and personal background information, comments, statements, and Sweepstakes entry including both winner’s written and video submissions, if any, and, without limitation, any notes, photograph, film, or video or audio tape that may be taken of entrant, provided by entrant, or of such materials (the foregoing, collectively, the “Content”), without further compensation, consideration, or notice to entrant or to any third party, and to reproduce, copy, modify, create derivative works of, display, perform, exhibit, distribute, transmit or broadcast, publicly or otherwise, or otherwise use and permit to be used the Content or any part thereof, whether alone or in combination with other materials (including but not limited to text, data, images, photographs, illustrations, and graphics, video or audio segments of any nature), in any media or embodiment now known or hereafter developed (including but not limited to any format of any computer-based, internet-based, electronic, magnetic, digital, laser or optical-based media), in connection with any advertising, promotion, publicity, trade, Sweepstakes or promotions, activities, or materials (now known or hereafter developed) in perpetuity. Entrant acknowledges and agrees that he or she shall have no right of approval, no claim to any compensation, and no claim arising out of the use, alteration, or distortion of my name, address, photograph or likeness. Entrants agree not to issue any publicity concerning the Sweepstakes Entities.
- Tampering with Sweepstakes. The Sweepstakes Entities are not responsible for the actions of entrants in connection with the Sweepstakes, including entrants’ attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity, or proper conduct of the Sweepstakes. Persons found tampering with or abusing any aspect of this Sweepstakes, or whom Daylight believes to be causing malfunction, error, disruption, or damage may be disqualified. Additionally, any attempt to cheat the Sweepstakes, as determined at the sole and absolute discretion of Daylight, may result in immediate disqualification of the entrant, as well as other possible consequences, including disqualification from any and all existing and future sweepstakes hosted or sponsored by Daylight. ANY ATTEMPT BY A PERSON TO DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK ALL LEGAL AND EQUITABLE REMEDIES FROM AND AGAINST ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Daylight reserves the right, at its sole and absolute discretion, to disqualify (or terminate the prize of) any individual who is found to be, or suspected of, acting in violation of these Official Rules, or to be acting in an unsportsmanlike, obscene, immoral or disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person.
- Suspension / Modification / Termination. In the event Daylight is prevented from continuing with the Sweepstakes by any event beyond its control, including, but not limited to, fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, communications or equipment failure, utility or service interruptions, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared), interference with the Sweepstakes by any party, or any federal, state or local government law, order, or regulation, order of any court or jurisdiction, or other cause not reasonably within Daylight’s control (each a “Force Majeure” event or occurrence), Daylight shall have the right to modify, suspend or terminate the Sweepstakes or prize. Daylight additionally reserves the right, in its sole and absolute discretion: (a) to modify, suspend or terminate the Sweepstakes should causes beyond Daylight’s control corrupt or interfere with the administration, integrity, operation, security or proper play of then Sweepstakes; or (b) to disqualify any entrant found to be, or suspected of: (i) tampering with the entry process or the operation of the Sweepstakes; (ii) acting in violation of these Official Rules; or (iii) acting in an un-sportsmanlike manner.
- Waivers, Disclaimers and Releases. By participating in the Sweepstakes, you agree to release, discharge and hold harmless the Sweepstakes Entities, and each of their respective affiliates, directors, officers, employees, agents, successors and assigns (“Released Parties”) from and against any and all claims, liability, costs, losses, damages or injuries of any kind arising out of or related to your participation in the Sweepstakes and/or related to any prize (including, without limitation, losses, damages or injuries to your or any other person’s equipment or other property, or to their persons, related to participation in the Sweepstakes; or arising out of any violation of rights of publicity or privacy, or claims of defamation or portrayal in a false light; or based on any claim of infringement of intellectual property; or from any typographical, human or other error in the printing, offering, selection, operation or announcement of any Sweepstakes activity and/or prize). Without limiting the generality of the foregoing, you agree that the Released Parties: (a) have neither made nor will be in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, in connection with the Sweepstakes and/or with respect to prizes, including, without limitation, to any prize’s quality or fitness for a particular purpose; (b) maintain no control over the personnel, equipment or operation of any air, water or surface carrier, ship line, bus or limousine company, transportation company, hotel, manufacturer or other person or entity furnishing services, products or accommodations (“Suppliers”) as a part of the prizes provided in connection with the Sweepstakes; and (c) will not be responsible or liable for any injury, damage, loss, expense, accident, delay, inconvenience or other irregularity that may be caused or contributed to: (i) by the wrongful, negligent or unauthorized act or omission on the part of the Suppliers or any of their agents, servants, employees or independent contractors, (ii) by any defect in or failure of any vehicle, equipment, instrumentality, service or product that is owned, operated, furnished or otherwise used by any of those Suppliers, (iii) by the wrongful, negligent or unauthorized act or omission on the part of any other person or entity not an employee of the Released Parties, and (iv) by any cause, condition or event whatsoever beyond the control of the Released Parties. You agree that the Released Parties shall have no responsibility or liability for discontinued prizes; human error; incorrect or inaccurate transcription of registration and/or account information; any technical malfunctions of a prize or of the telephone network, computer online system, computer dating mechanism, computer equipment, software, or Internet service provider utilized by Daylight; interruption or inability to access the Internet, or Daylight’s website, or affiliated entities’ respective websites, or any online service via the Internet due to hardware or software compatibility problems; any damage to participant’s (or any third person’s) computer and/or its contents related to or resulting from any part of the Sweepstakes; any lost/delayed data transmissions, omissions, interruptions, viruses, bugs, defects; and/or any other errors or malfunctions, even if caused by the negligence of the Released Parties. You further agrees to indemnify and hold harmless the Released Parties from and against any and all liability resulting or arising from the Sweepstakes and to release all rights to bring any claim, action or proceeding against the Released Parties and hereby acknowledges that the Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to a prize, including express warranties provided exclusively by Suppliers that may be sent along with a prize; this release covers, without limitation, any damage, liability, costs, attorneys’ fees and expenses whatsoever arising directly or indirectly out of the Sweepstakes or my acceptance, use, misuse, utilization, omission or possession of any prize that may be awarded to me in the Sweepstakes, and also includes, without limitation, claims based on personal injury, death, loss of enjoyment, property damage, any claims based on publicity rights, privacy rights, personality rights, “Moral rights,” defamation and any and all taxes levied, assessed or collected or other harm or loss of any nature. The Released Parties are not responsible for the actions of entrants in connection with the Sweepstakes, including entrants’ attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity, or proper conduct of the Sweepstakes. The Released Parties are not responsible for any changes or unavailability of any platform (including, without limitation any email provider) that may interfere with the Sweepstakes (including any limitations, any restrictions, or any conditions on Daylight’s ability to use said platform for the Sweepstakes as set forth herein) or your ability to timely enter, receive notices or communicate with Daylight via said platform, in which case Daylight, in its sole discretion, may terminate or modify the Sweepstakes. You further understand and agree that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived. You acknowledge that Section 1542 provides that: “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.” The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.
- Governing Law; Limitation of Liability. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of entrants, Daylight, or the Released Parties in connection with the Sweepstakes will be governed by and construed in accordance with the internal laws of the laws of the state of New York, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s laws. All claims and disputes arising under or relating to this Agreement are to be settled by the Courts of New York.
BY ENTERING THE SWEEPSTAKES, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, 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; (C) 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, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (D) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
- List of Sweepstakes Winners/Official Rules Requests. To receive a list of the winner(s), send an email to email@example.com within sixty (60) days of expiration of the Sweepstakes Period. Please indicate which Sweepstakes winners list you are requesting by referencing the name of the Sweepstakes and the expiration of Sweepstakes Period in your request.