SWEEPSTAKES OFFICIAL RULES
WHATNOT BREAKERS BOWL
SWEEPSTAKES OFFICIAL RULES
Sponsored by Whatnot Inc. (“Sponsor”)
NO PURCHASE OR OBLIGATION NECESSARY TO ENTER. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. THIS PROMOTION IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH FACEBOOK, INSTAGRAM, TWITTER, OR ANY OTHER SOCIAL MEDIA SITES WHERE THIS SWEEPSTAKES MAY BE COMMUNICATED. VOID WHERE PROHIBITED.
The Whatnot Breakers Bowl Sweepstakes (the “Sweepstakes”) begins on July 24, 2024, at 4:00 pm Eastern Time (“ET”) and ends on July 28, 2024 at 12:00 pm ET (the “Sweepstakes Period”).
Please review these Official Rules carefully for the terms and conditions that apply to participation in the Sweepstakes.
Agreement to Official Rules. By entering or participating in the Sweepstakes, you accept and agree to be bound by these “Official Rules.”
Eligibility. This Sweepstakes is open to (a) legal residents in the 48 Contiguous United States and the District of Columbia who are 18 years of age or older at the time of entry, and (b) have been approved as an active (unbanned) seller on the Whatnot App or applied to be a sports cards seller between Wednesday, July 24, 2024 at 4:00 pm ET and Sunday, July 28 at 12:00 pm ET. The Sweepstakes is void outside of the United States, in Puerto Rico and where prohibited or otherwise restricted by law or by these Official Rules. Employees of Sponsor and its respective affiliates, subsidiaries, advertising, promotion and fulfillment agencies, or other parties in any way involved in the development or production of the Sweepstakes, and their respective agents, subsidiaries, affiliates, directors, officers, consultants, employees, contractors, and representatives, and each of their immediate family members (e.g. spouse, parent, child, sibling, grandparent, and spouse or “step” of each) and persons living in the same household of each, whether or not related, are not eligible to participate in the Sweepstakes.
How to Enter. During the Sweepstakes Period, you may enter the Sweepstakes as follows:
Current users of Sponsor’s free mobile application (the “Whatnot App”) may enter by completing the following steps during the Sweepstakes Period:
Access the Whatnot App on your device; and
Make a sale (of any amount) on the Whatnot App in accordance with the following:
primary category for the item sold must be Sports Cards or Sports Memorabilia, and
qualifying sales may be made via livestream, marketplace or anytime auction;
OR
Apply to be a seller in the Sports Card category.
Any attempt by an entrant to obtain entries by fraudulent practices, including mistagging item category, using multiple/different e-mail addresses, accounts or identities to make fraudulent purchases, will result in disqualification of all entries by such person.
Proof of entering information on the Whatnot App is not considered proof of delivery or receipt of such entry. All entries become property of Sponsor, and none will be acknowledged. Entries submitted by entrants who do not meet the eligibility requirements (including all requirements with respect to age and residence) are void. Sponsor is not responsible for lost, late, or misdirected entries, for technical, hardware or software failures of any kind, for lost or unavailable network connections, or for failed, incomplete, garbled or delayed computer transmissions or any human error which may occur in the receipt or processing of the entries. Use of computer programs, robotic, automatic and other similar means to enter the Sweepstakes is prohibited. In the event of a dispute regarding who submitted an entry, the entry will be deemed submitted by the authorized account holder of the email account specified in the entry. “Authorized account holder” is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider, or other organization (e.g. business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.
Entrants further agree not to knowingly damage or cause interruption of the Sweepstakes and/or prevent others from participating in the Sweepstakes. ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE OR WEBSITE, TO SEEK TO DEFRAUD SPONSOR OR ENTITIES INVOLVED WITH THE ADMINISTRATION OF THE SWEEPSTAKES OR A PRIZE AWARD, OR TO UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES VIOLATES CRIMINAL OR CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, SPONSOR MAY DISQUALIFY ANY ENTRANT MAKING SUCH ATTEMPT (IF APPLICABLE), AND SEEK DAMAGES TO THE FULLEST EXTENT OF THE LAW.
Prize Drawing. All Sweepstakes entries meeting the requirements of these Official Rules will be entered into a drawing. The drawing will be conducted by a computer program that randomly chooses one (1) winner (the “Winner”) from all eligible entries received and the random selection is final and binding. Alternate potential winners may be randomly selected from the remaining valid, eligible entries. Such alternate potential winners may become the Winner (in the order in which they were drawn) in the event the Winner cannot be contacted, is ineligible, fails to claim the Prize, fails to complete any required affidavit of eligibility, a W-9 or W-BEN Form, or publicity/liability release, and/or fails to comply with any of the Sweepstakes requirements.
Notification. The Winners will be notified by e-mail within forty-eight (48) hours following the prize drawing. (the “Prize Notification”). The potential winner must respond to the initial contact within the time period provided in the Prize Notification. Sponsor assumes no responsibility for undeliverable emails (e.g., resulting from any form of active or passive filtering by an email client or for insufficient space in an email account to receive an email). Potential winners may be required to complete, sign and return an affidavit of eligibility, a W-9 or W-BEN Form, and publicity/liability release and any other documentation required by Sponsor. If a selected potential winner cannot be contacted, is ineligible, or fails to respond to the Prize Notification within the allotted time period and/or where applicable fails to complete an affidavit of eligibility, a W-9 or W-BEN Form, and publicity/liability release within the days specified in the Prize Notification or thirty (30) days after the Prize Notification, whichever comes first, and/or fails to comply with any of the requirements, the applicable prize will be forfeited, and an alternate winner will be selected by random drawing from remaining valid, eligible entries.
Prizes and Odds.
One Winner will have the choice to receive either: (a) a 2024 Foundation Series Tesla Cybertruck, or (b) a cash prize of $85,000 USD (the “ Prize”). The Winner must make a selection within fifteen (15) days of the Prize Notification. Total ARV of the Prize to be awarded: up to $99,990 USD. If the actual value of the Prize is less than the stated ARV, the difference will not be awarded.
Total ARV of all Prizes to be awarded: $100,000 - 114,990 USD, depending on the Grand Prize Winner’s selection. The Winners will each be provided an IRS Form 1099 reflecting the amount of the respective Prize.
The Winner will be solely responsible for all title, license and registration fees, any additional equipment or accessories not specified above (including conversion of manual transmission to automatic transmission), insurance, gasoline, vehicle maintenance and all other fees and expenses associated with the receipt and use of the Prize. Prize vehicle may differ from what is depicted in Sweepstakes advertising. The Winner may be required to show proof of valid insurance and driver’s license prior to receipt of automobile. The Winner must take delivery of vehicle at a location and time of Sponsor’s choosing. Sponsor reserves the right to delay vehicle delivery or substitute a similar vehicle of equal or greater value should the vehicle as described be unavailable for any reason.
The odds of winning a prize depend on the total number of eligible entries received. Prizes cannot be transferred, have no cash value and cannot be redeemed for cash, except as set forth in these Official Rules. No substitution of a prize is permitted, except at the sole discretion of Sponsor for a prize of equal or greater value. Sponsor is not responsible where a winner is deemed ineligible to participate for reasons outside of Sponsor’s control (including, without limitation, the winner’s failure to timely provide information required by Sponsor) in which event some or all of a prize may be forfeited in its entirety and no substitution will be provided. It is the responsibility of the Winners to possess any necessary documents and/or fulfill any identification or other requirements associated with acceptance or use of the Prizes. Winners are responsible for all federal, state and local taxes, as well as any other costs and expenses associated with prize acceptance and use not specified herein. Notwithstanding the foregoing, If the Winner selects the vehicle described in 6(a) above, then the Sponsor may cover a portion of the Winner’s tax obligation in its sole discretion, provided that the Winner remains responsible for any and all tax-obligation associated with such additional amounts.
8. Disclaimers And Limitations On Liability.
THE 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). ACCEPTANCE, PARTICIPATION IN, AND/OR USE OF ANY PRIZE IS AT THE WINNERS’ SOLE RISK.
SPONSOR IS NOT RESPONSIBLE FOR ANY DAMAGES WHATSOEVER, INCLUDING SPECIAL, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR PARTICIPATION IN THE SWEEPSTAKES OR THE USE AND/OR MISUSE OF ANY PRIZE WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT SPONSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
9. General Conditions. By participating in this Sweepstakes, entrants agree: (a) to be bound by these Official Rules, the decisions of Sponsor and/or its designee, and Sponsor’s Privacy Policy; (b) to irrevocably release, waive, indemnify, and hold harmless Sponsor and its respective parents, affiliates, subsidiaries, and advertising and promotion agencies, and all of their respective agents, representatives, officers, directors, shareholders, and employees from any and all claims, demands, damages, losses, liabilities, costs or expenses caused by, arising out of, or related to accepting any prize that may be awarded and participating in the Sweepstakes and related activities (including, without limitation, any travel or travel related activity related thereto, property loss, damage, sickness, personal injury, or death caused to any person(s)); and (c) to be contacted by Sponsor or its designee via e-mail. Sponsor reserves the right to make changes or additions to these Official Rules and/or extend the dates of this Sweepstakes for any reason at any time. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
Noncompliance with any of these Official Rules may result in disqualification. By entering this Sweepstakes, entrants and the winner agree to maintain a behavior in accordance with all applicable laws and generally accepted practices. Sponsor reserves the right at its sole discretion to disqualify any entrant or winner if their behavior, as determined by Sponsor, is unsportsmanlike or disruptive.
10. Personal Information. In order to participate in this Sweepstakes, entrants will be required to supply certain information about themselves. This information will be used by Sponsor for the purposes of administering the Sweepstakes and awarding the prizes. The personal information will be collected, processed and used in accordance with Sponsor’s Privacy Policy, which can be found at https://www.whatnot.com/privacy.
11. Additional Conditions. Sponsor reserves the right, in its sole discretion, to terminate, modify or suspend the Sweepstakes in whole or in part, if in Sponsor’s opinion (a) the Sweepstakes is not capable of running as planned by reason of the occurrence of any event beyond its control including, but not limited to, fire, flood, epidemic, pandemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, communications, 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, local or provincial government law, order, or regulation, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control, or (b) any other factors beyond Sponsor’s reasonable control corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Sweepstakes, in all instances without liability to the entrants. Sponsor also reserves the right to disqualify any entrant or winner, as determined by Sponsor, in its sole discretion. The reasons for such disqualification include, without limitation, tampering with the entry process or operation of the Whatnot App or Sweepstakes.
12. Governing Law and Choice of Forum. These Official Rules are governed by the law of the State of California, without reference to rules governing choice of laws. Any action, suit or case arising out of, or in connection with, this Sweepstakes or these Official Rules must be brought in either the state or federal courts located in Los Angeles County, California.
13. Publicity. Except where prohibited by law, by winning a prize, each winner consents to the use of winner’s name, photo and/or likeness, biographical information and statements attributed to winner (if true) for advertising and promotional purposes, including, without limitation, inclusion in Sponsor’s newsletters, Sponsor’s website at whatnot.com, Sponsor’s social media, and the Whatnot App without additional compensation or prior approval.
14. Winners List. For the name of the prize winner, send an email message to support@whatnot.com with “Winners List” as the email subject and Whatnot Breakers Bowl Sweepstakes specified in the body of the email. Requests must be received within four (4) weeks of Sponsor declaring the Winner.
15. Sponsor’s Address. 2261 Market Street STE 10754, San Francisco, CA 94114.