OFFICIAL RULES

 

NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE THE CHANCES OF WINNING.

 

Sponsor: The Sponsor of the Sweepstakes is Snow Commerce, Inc., an Ohio corporation, with a principal place of business at 1340 Clay St., Cincinnati, Ohio 45202 (“We” or “Sponsor”) on behalf of Nerdist Industries, LLC, a Delaware limited liability company, with a principal place of business at 2900 W. Alameda Ave., Suite 1500, Burbank CA 91505 United States (the “Client”)     .

 

1. Eligibility: This Sweepstakes is open only to those who sign up at https://shop.legendary.com/pages/goblin-mode-giveaway and who are (a) 18 years or older or (b) the age of majority in their state of residence, if higher than 18, as of the date of entry. The Sweepstakes is only open to legal residents of the 50 United States and the District of Columbia and is void where prohibited by law. Employees of Sponsor, Client, and each of their respective affiliates, subsidiaries, advertising and promotion agencies, and suppliers, (collectively the “Promotion Entities”), and the Promotion Entities’ employees’ immediate family members and/or those living in their same household are not eligible to participate in the Sweepstakes. The Sweepstakes is subject to all applicable federal, state, and local laws and regulations.
   
   
   
2. Agreement to Rules: By participating, the entrant (“You” and “Your”) agrees to be fully unconditionally bound by these Rules. 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 this Sweepstakes. Sponsor reserves the right, in its discretion, to modify these Rules at any time. You are responsible for reviewing and becoming familiar with any such modifications.
   
   
   
3. Sweepstakes Period: Entries will be accepted online starting on November 19, 2024, at 12:01 AM, PDT and ending December 4, 2024 at 11:59 PM, PDT. All online entries must be received by December 4, 2024 11:59 PM, PDT.
   
   
   
4. How to Enter: During the Promotion Period, you can enter the Sweepstakes by completing the entry form at https://shop.legendary.com/pages/goblin-mode-giveaway. You can earn additional entries by doing the following:
   
   

Subscribe to @geekandsundry on YouTube	1 additional entry (max 1)
Follow @geekandsundry on Instagram	1 additional entry (max 1)
Follow @geekandsundry on TikTok	1 additional entry (max 1)
Like @geekandsundry on Facebook	1 additional entry (max 1)
Follow @Legendary on TikTok	1 additional entry (max 1)

 

You may enter the Sweepstakes once by completing the entry form and you can earn additional entries through posts on the social media platforms Instagram, X (formerly known as Twitter) or TikTok. 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 these Rules or specifications may be disqualified at the sole discretion of Sponsor. You must provide the information requested, and proof of sending your entry form is not considered proof of delivery to or receipt by Sponsor of such entry. You may not enter more times than indicated by using multiple email addresses, identities, or devices in an attempt to circumvent these Rules. You are providing your information to Sponsor, not to Instagram. Entries made by any other individual or any entity, and/or originating at any other website or e-mail, including but not limited to, commercial sweepstakes, subscription notification and/or entering service sites, will be declared invalid and disqualified for this Sweepstakes.  Tampering with the entry process or the operation of the Sweepstakes, including but not limited to, the use of any device to automate the entry process, is prohibited and any entries deemed by Sponsor, in its sole discretion, to have been submitted in this manner will be void.  In the event a dispute regarding the identity of the individual who actually submitted an entry cannot be resolved to Sponsor’s satisfaction, the affected entry will be deemed ineligible.  The Promotion Entities shall not be responsible for incorrect or inaccurate entry information whether caused by internet users or by any of the equipment or programming associated with or utilized in the Sweepstakes or by any technical or human error which may occur in the processing of the entries in the Sweepstakes. The maximum number of entries per person is seven (7).

1. Prize: Three (3) Grand Prizes are available. The Grand Prize consists of: one (1) Hoodie (ARV $39.95), one (1) T-shirt (ARV $26.95), one (1) Notebook (ARV $24.95), one (1) Set of Stickers (ARV $5.95-$9.95 depending on size), and (1) $50 Legendary Shop Gift Card. The total approximate retail value of all Grand Prizes is One Hundred One Dollars and Eighty Cents (USD $151.80). The specifics of the prizes shall be solely determined by Sponsor. Acceptance of prizes constitutes permission for Promotion Entities to use Winner’s name, likeness, and entries for purposes of advertising and trade without further compensation, unless prohibited by law. 

 

1. Odds: The odds of winning depend on the number of eligible entries received. Many will enter, few will win.
   
   
2. General Prize Conditions:  No cash alternative or substitution of prizes will be allowed, except Sponsor reserves the right in its sole discretion to substitute prizes of comparable value if any prize listed is unavailable, in whole or in part, for any reason.  Prizes will be awarded only if the potential prize winner fully complies with these Official Rules.  All portions of the prize(s) are non-assignable and non-transferable.  Any prizes pictured in point-of-sale, online, television and print advertising, promotional packaging, and other Sweepstakes materials are for illustrative purposes only.  All details and other restrictions of the prize(s) not specified in these Official Rules will be determined by Sponsor in its sole discretion.  The prize winner shall be solely responsible for all federal, state and/or local taxes, and the reporting consequences thereof, and for any other fees or costs associated with the applicable prize.  The potential prize winner may be required to execute an Affidavit of Eligibility, a Liability Release, and (where imposing such condition is legal) a Publicity Release (collectively, “Prize Claim Documents”).If any potential winner fails or refuses to sign and return all Prize Claim Documents within the time frame required by Sponsor, the winner may be disqualified and an alternate winner may be selected. 

 

The Promotion Entities make no warranties, and hereby disclaim any and all warranties, express or implied, concerning any prize furnished in connection with the Sweepstakes.  WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUCH PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND THE PROMOTION ENTITIES HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.

 

1. Winner Selection and Notification: After the Promotion Period, Three (3) Grand Prize winners will be selected in a random drawing conducted by Sponsor from all eligible entries received throughout the Promotion Period.  Each potential winner will be notified using the email address provided at the time of entry. Time is of the essence in awarding the Prizes and Grand Prize. Each potential winner must then contact Sponsor using the contact information provided within twenty four (24) hours of notification. Sponsor shall have no liability for any winner notification that is lost, intercepted or not received by a potential winner for any reason.  If, despite reasonable efforts, a potential prize winner does not respond within twenty four (24) hours of the first notification attempt, or if a prize or prize notification is returned as unclaimed or undeliverable to such potential prize winner, such potential prize winner will forfeit the applicable prize and an alternate prize winner may be selected.  If any potential prize winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines the applicable prize for any reason prior to award, such potential prize winner will be disqualified and an alternate winner may be selected. Sponsor may successively attempt to contact up to two (2) potential prize winners in accordance with such procedure, and if there is still no confirmed prize winner after such attempts have been made, if any, the applicable prize may go unawarded. ANY VIOLATION OF THESE RULES BY WINNER (AT SPONSOR’S SOLE DISCRETION) WILL RESULT IN WINNER’S DISQUALIFICATION AS WINNER OF THE CAMPAIGN, AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.
   
   
2. Rights Granted by You: By submitting an entry form and posting on the social media platforms Instagram, X (formerly known as Twitter) or TikTok for additional entries (each an “Entry” and collectively, “Entries”), You explicitly grant to Sponsor and Promotion Entities an irrevocable, perpetual, unlimited, worldwide, royalty-free license to reproduce, distribute, display, exhibit, publicly display, publish, edit, create derivatives of, and otherwise use the Entry and all elements of such Entry, together with any other material, and the name, user name, social media handle/pseudonym, city, state of residence, voice, image, and/or likeness of You (including but not limited to, Your social media profile photo/avatar) associated with the Sweepstakes, with or without first and/or last name credit to You, in any and all media, now known or hereafter devised, including use online and social media sites, in any manner, in whole or in part, without compensation or notification to, or approvals or permission from You or any third party, for any purpose whatsoever, including without limitation, for the purposes of advertising and commercial purposes.  You agree that, if required by Sponsor, they will sign a document memorializing the rights granted herein. Sponsor and Promotion Entities are not responsible for any unauthorized use of Entries by third parties.  Sponsor and Promotion Entities have no obligation to make use of the rights granted herein.
   
   
3. Additional Terms & Conditions: Sponsor reserves the right to modify, extend, suspend, or terminate the Sweepstakes if it determines, in its sole discretion, that the Sweepstakes is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other causes beyond Sponsor’s control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of the Sweepstakes as contemplated herein. In the event an insufficient number of eligible entries are received and/or Sponsor is prevented from awarding prizes or continuing with the Sweepstakes as contemplated herein by any event beyond its control, including but not limited to, fire, flood, pandemic, natural or man-made epidemic of health of other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), then Sponsor shall have the right to modify, suspend, extend or terminate the Sweepstakes. If the Sweepstakes is terminated before the designated end date or time, Sponsor will (if possible) select the prize winner(s) in a random drawing from all eligible, non-suspect entries received up to the event giving rise to the termination. Inclusion in such drawing shall be Your sole and exclusive remedy under such circumstances. Only the type and quantity of prizes described in these Official Rules will be awarded. These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with the law by a duly authorized representative of Sponsor. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
   
   
   

Limitation of Liability: By entering, You agree to release and hold harmless Sponsor, Client and each of their respective subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers, and directors (the “Indemnitees”) 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 Your 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; (v) electronic or human error in the administration of the Sweepstakes or the processing of entries.  Further, in any such dispute, under no circumstances shall You be permitted to obtain awards for, and hereby waives all rights to, punitive, incidental, or consequential damages, including reasonable attorney’s fees, other than Your actual out-of-pocket expenses (i.e. costs associated with entering this Sweepstakes). You further waive all rights to have damages multiplied or increased

1. Disputes: By participating in this Sweepstakes, You agree: (i) that any and all disputes You may have with, or claims You may have against, the Promotion Entities relating to, arising out of or connected in any way with (a) the Sweepstakes, (b) the awarding or redemption of any prize, and/or (c) the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS; (ii) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (iii) the arbitration shall be held in Los Angeles, California; (iv) the arbitrator’s decision shall be controlled by the terms and conditions of these Official Rules and any of the other agreements referenced herein that You may have entered into in connection with the Sweepstakes; (v) the arbitrator shall apply California law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (vi) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only Your and/or the Promotion Entities’ individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (vii) the arbitrator shall not have the power to award punitive damages against You or the Promotion Entities; (viii) in the event that the administrative fees and deposits that must be paid to initiate arbitration against the Promotion Entities exceed $125 USD, and You are unable (or not required under the rules of JAMS) to pay any fees and deposits that exceed this amount, the Promotion Entities agree to pay them and/or forward them on Your behalf, subject to ultimate allocation by the arbitrator; (ix) if You are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, the Promotion Entities will pay as much of Your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (x) with the exception of subpart (vi) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein.  If, however, subpart (vi) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither You nor the Promotion Entities shall be entitled to arbitrate their dispute.  For more information on JAMS and/or the rules of JAMS, visit their website at www.jamsadr.com.
   
   
   
2. Privacy: Entry information may be shared with the Promotion Entities’ Sweepstakes partners to the extent You agree at the time of entry or to the extent required for prize fulfillment purposes. Except as otherwise contemplated in these Official Rules, and to the extent You may otherwise elect at the time of entry, personal information collected in connection with the Sweepstakes will be used in accordance with Sponsor’s privacy policy located at https://shop.legendary.com/policies/privacy-policy/.  

 

Provision of Your personal data is voluntary, but failure to provide the above-mentioned personal data will automatically exclude You from participation in this Sweepstakes     . Your personal data will be retained for as long as necessary for the above-mentioned purposes and as long as there is a legal basis for data processing. For example, if You withdraw your consent, Your data will be deleted, if it is not required to enforce or defend Sponsor’s legal rights. Please see the Sponsor’s privacy policy at https://shop.legendary.com/policies/privacy-policy for details regarding the sharing of personal data with third parties, data subject’s rights, and information security.

Winners List: To obtain a copy of these Rules and any legally required winners list, send a self-addressed, stamped envelope to: “Geek & Sundry’s Goblin Mode Sweepstakes” Rules and Winners List, Snow Commerce, Inc., 1340 Clay Street, Cincinnati, OH 45202.  All such requests must be received within six (6) weeks after the end of the Promotion Period.