UFO Summer Sweepstakes Rules

ENIGMA UFO Summer Sweepstakes Official Rules

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.

THESE OFFICIAL RULES (THESE “RULES”) CONTAIN AN ARBITRATION AGREEMENT, WHICH WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST SPONSOR (AS DEFINED BELOW) TO BINDING AND FINAL ARBITRATION.  UNDER THE ARBITRATION AGREEMENT, (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST SPONSOR ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.

 1. Eligibility

The ENIGMA UFO Summer Sweepstakes (the "Sweepstakes") is open to legal residents of the 50 United States and the District of Columbia (excluding Puerto Rico and all U.S. territories and possessions), who are 18 years of age or older at the time of entry. Entries are limited to individuals only; commercial enterprises and business entities are not eligible.  Employees of Enigma Labs ("Sponsor"), its affiliates, subsidiaries, advertising and promotion agencies, and suppliers, (collectively the “Employees”), and immediate family members and/or those living in the same household of Employees are not eligible to participate in the Sweepstakes. The Sweepstakes is subject to all applicable federal, state, and local laws and regulations. Void where prohibited.

2. Agreement to Rules

By participating, you (“You” or “Entrant”) agree to be fully 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 Sponsor as final and binding as it relates to the content of this Sweepstakes.  Failure to comply with the terms and conditions in these Rules will result in disqualification, and will allow the Sponsor to select an alternate Winner.

3. Sweepstakes Period

Entries into the Sweepstakes will be accepted online starting on July 2, 2024 at 8:01 AM EST and ending July 14, 2024 at 11:59 PM EST (the "Sweepstakes Period"). All online entries must be received during the Sweepstakes Period to be eligible.

4. How to Enter

To enter the Sweepstakes, submit a photo depicting “summer skywatching” at sweepstakes.enigmalabs.io and complete the entry form. The entry must fulfill all Sweepstakes requirements, as specified, to be eligible to win a prize. Entries that are incomplete or do not adhere to the Rules or specifications may be disqualified at the sole discretion of Sponsor. You may enter only once. You must provide the information requested. You may not enter more times than indicated by using multiple email addresses, identities, or devices in an attempt to circumvent the rules. If You use fraudulent methods or otherwise attempt to circumvent the rules, your submission may be removed from eligibility at the sole discretion of Sponsor.

Entries will only be eligible if the submitted photo (a) is original and created by Entrant, (b) does not disparage Sponsor or any other person or party affiliated with Sponsor or the Sweepstakes and (c) does not contain content that is unlawful, hateful or obscene.

5. Prizes

There will be one (1) winner of the Sweepstakes (the “Winner”), who will receive a skywatching kit including binoculars, snacks, Sponsor-branded merchandise, and other outdoor items.  Total approximate retail value of all items in the kit: $300. The prize is nontransferable. No substitution of prize or transfer/assignment of prize to others or request for the cash equivalent by the Winner is permitted.  The odds of winning depend on the number of eligible participants. Allow 3-4 weeks after validation of arrangement for receipt of prize. Acceptance of prize constitutes permission for Sponsor to use Winner’s name, likeness, and entry for purposes of advertising and trade without further compensation, unless prohibited by law.  Winner will be solely responsible for all other expenses not specifically set forth herein.  Sponsor reserves the right to substitute prizes of equal or greater value.  Sponsor is responsible only for prize delivery; Sponsor is not responsible for prize utility, quality or otherwise.  In order to receive the prize, Winner may be required to provide proof of identification. WINNER MUST PROVIDE ALL TRUE, COMPLETE AND ACCURATE INFORMATION REQUESTED BY SPONSOR TO FACILITATE THE DELIVERY OF THE PRIZE, AND BEARS ALL RESPONSIBILITY IN CONNECTION THEREWITH. All federal, state, provincial and local or other taxes on any prize, including income and/or sales taxes, are the sole responsibility of Winner.

6. Winner Selection and Notification

One winner will be selected by a random drawing under the supervision of Sponsor. Winner will be notified by email within 7 days following selection of Winner. Sponsor shall have no liability for Winner’s failure to receive notices due to spam, junk e-mail, or other security settings or for Winner’s provision of incorrect or otherwise non-functioning contact information.  Where lawful, Winner may be required to sign and return a publicity consent and liability release. If the Winner cannot be contacted, is ineligible, fails to claim the prize within 7 days from the time award notification was sent, or fails to timely return a completed and executed consent and release as required, the prize may be forfeited and an alternate Winner selected.

7. Rights Granted by You

By submitting the photo to enter the Sweepstakes, You understand and agree that Sponsor, anyone acting on behalf of Sponsor, and Sponsor’s licensees, successors, and assigns, 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, such photo, in addition to your name, portrait, 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 represent and warrant that you have the right to grant the foregoing license to Sponsor.

8. Limitation of Liability; Conditions

By entering, You agree to release and hold harmless Sponsor and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers, and directors from any liability, illness, injury, death, loss, litigation, claim, or damage that may occur, directly or indirectly, whether caused by negligence or not, from (i) Your participation in the Sweepstakes and/or acceptance, possession, use, or misuse of any prize or any portion thereof, (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, and (v) electronic or human error in the administration of the Sweepstakes or the processing of entries.  Sponsor reserves the right, in its sole discretion, to suspend, modify or cancel the Sweepstakes should any unauthorized human intervention or other causes beyond Sponsor’s control corrupt or affect the administration, security, fairness or proper conduct of the Sweepstakes.  In the event that proper administration of the Sweepstakes is prevented by such causes as contemplated above, Sponsor will pick the Winner from all eligible, non-suspect entries received prior to such action.  The Sweepstakes shall be governed by New York law.

9. Arbitration Agreement: PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.

1. Agreement to Arbitrate.  This Section is referred to in these Rules as the “Arbitration Agreement.”  You agree that any and all disputes or claims that have arisen or may arise between you and Sponsor, whether arising out of or relating to these Rules, the Sweepstakes, your participation in the Sweepstakes, the prize, acceptance, possession, use or misuse of the prize (including any alleged breach thereof), any advertising, any aspect of the relationship between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify.  Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf.  You agree that, by participating in the Sweepstakes, you and Sponsor are each waiving the right to a trial by jury or to participate in a class action.  Your rights will be determined by a neutral arbitrator, not a judge or jury.  The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

1. Prohibition of Class and Representative Actions and Non-Individualized Relief.  YOU AND SPONSOR AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.  UNLESS BOTH YOU AND SPONSOR AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING.  ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S).  

1. Pre-Arbitration Dispute Resolution.  Sponsor is always interested in resolving disputes amicably and efficiently, and most concerns can be resolved quickly and to the participant’s satisfaction by emailing [email protected].  If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”).  The Notice to Sponsor should be sent to Enigma Labs, 201 Allen Street #10081 New York, NY 10002 (“Notice Address”).  The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought.  If Sponsor and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Sponsor may commence an arbitration proceeding.  During the arbitration, the amount of any settlement offer made by Sponsor or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Sponsor is entitled.

1. Arbitration Procedures.  Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (collectively, the “AAA Rules”), as modified by this Arbitration Agreement.  For information on the AAA, please visit its website, http://www.adr.org.  Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, http://www.adr.org/consumer_arbitration.  If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration.  The arbitrator must also follow the provisions of these Rules as a court would.  All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement.  Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under these Rules and applicable law.  Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.

Unless Sponsor and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances.  If the parties are unable to agree on a location, the determination shall be made by AAA.  If your claim is for $10,000 or less, Sponsor agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules.  If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules.  Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.

1. Costs of Arbitration.  Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement.  If the value of the relief sought is $75,000 or less, at your request, Sponsor will pay all Arbitration Fees.  If the value of relief sought is more than $75,000 and you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, Sponsor will pay your portion of such fees.  In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive.  Finally, if the value of the relief sought is $75,000 or less, Sponsor will pay reasonable attorneys’ fees should you prevail.  Sponsor will not seek attorneys’ fees from you.  But, if you initiate an arbitration in which you seek more than $75,000 in relief, the payment of attorneys’ fees will be governed by the AAA Rules.    

1. Confidentiality.  All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.

1. Severability.  If a court or the arbitrator decides that any term or provision of this Arbitration Agreement other than Section 9(b) above is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified.  If a court decides that any of the provisions of Section 9(b) is invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void.  The remainder of these Rules will continue to apply.

10. Privacy Policy

Information submitted with an entry is subject to the Privacy Policy stated on the Sponsor’s website. To read the Privacy Policy, click here:https://enigmalabs.io/privacy.

11. Winners List

To obtain a copy of the Winner's first name, last initial, city and state or a copy of these Official Rules, mail your request along with a stamped, self-addressed envelope to: Enigma Labs, 201 Allen Street #10081 New York, NY 10002. Requests must be received no later than ninety (90) days from the drawing date (residents of Vermont and Washington need not include return postage).

12. Sponsor

The Sponsor of the Sweepstakes is Enigma Labs, 201 Allen Street #10081 New York, NY 10002.

13.  NOTICE.  The Sponsor reserves the right to prosecute and seek damages against any individual who attempts to deliberately undermine the proper operation of the Sweepstakes in violation of these Rules and/or criminal and/or civil law.  

Copyright ©2024, Enigma Labs. All rights reserved. Enigma Labs and the associated logos are trademarks of Sponsor.  Any other trademarks in these Rules are used for prize identification purposes ONLY and are the properties of their respective owners.

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By participating in the Sweepstakes, You, the Entrant, have affirmatively reviewed, accepted, and agreed to all of the Official Rules.