ATMOSFY 2024 SWEEPSTAKES
OFFICIAL RULES
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR TO WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. ALL FEDERAL, STATE, PROVINCIAL, TERRITORIAL, LOCAL, AND MUNICIPAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED.
1. ELIGIBILITY: The Atmosfy 2024 Sweepstakes (the “Sweepstakes”) is open to individuals who are at least eighteen (18) years of age or the age of majority in their jurisdiction of residence, whichever is older, at the time of entry and a legal resident of the United States or Canada (excluding Quebec).
Employees of Atmosfy, Inc. (“Sponsor”) and its parent companies, affiliates, subsidiaries, divisions, and advertising and promotion agencies (collectively “Sponsor Entities”), and their immediate families and household members are not eligible to enter or win. For purposes of the Sweepstakes, “immediate families” means spouse, parents, grandparents, children, grandchildren, and siblings.
2. HOW TO ENTER: The Sweepstakes begins on 12:00 a.m. Pacific Standard Time (PST) on 4/29/2024, and ends at 11:59 p.m. PST on 5/17/2024 (“Sweepstakes Period”). During the Sweepstakes Period, download the Atmosfy Mobile App (“Atmosfy App”) from your mobile device’s app store. When you download and launch the Atmosfy App for the first time, you will be prompted to sign up using your Google, Apple, or Facebook account and enter your mobile phone number. No purchase is required to create an account in the Atmosfy App. Once you have signed up, you will automatically receive one (1) entry into the Sweepstakes. Existing users of the Atmosfy App will automatically receive one (1) entry into the Sweepstakes.
You may receive additional entries into the Sweepstakes by inviting new users to download the Atmosfy App. You may invite a new user by clicking the “Send An Invite” button within the Atmosfy App to create a personalized link and sharing that link via SMS text message or direct message. Each invitation to download the Atmosfy App that is shared with a new user must contain the hashtag #SweepsEntry and comply with FTC Material Disclosure requirements. To receive a valid entry, the new user must download the Atmosfy App using the link provided in the invitation message and sign up for an account during the Sweepstakes Period. You can earn one (1) entry into the Sweepstakes for each new user that downloads the Atmosfy App and creates an account using your personalized link during the Sweepstakes Period.
Entries will only be accepted during the Sweepstakes Period. Entries that are lost, late, misdirected, illegible, incompletely received, or incomplete, for any reason, will not be eligible and are not the responsibility of the Sponsor. Any attempt by any participant to obtain more than the stated number of entries by creating an account will void that participant’s entries and that participant pay be disqualified. In the event of a dispute over the identity of a Potential Winner, the winning entry will be declared made by the authorized account holder of the Atmosfy account used to enter, and any Potential Winner may be required to provide evidence sufficient to show that he/she is the authorized account holder of that account.
3. PRIZE: The following prize will be awarded (the “Prize”) to one winner:
One (1) hotel room that accommodates two (2) people for four (4) nights in Kailua Kona, Hawaii at the Fairmont Orchid ($2000 USD); and
Two (2) plane tickets from the closest major airport near the Winner’s residence to [Kona International Airport (KOA)] ($1000 USD).
One (1) payment of $500
The Winner may bring one (1) guest to accompany them to Kailua Kona, Hawaii. The Winner’s guest must be at least eighteen (18) years of age or the age of majority in their jurisdiction of residence, whichever is older, at the time the Winner is selected and a legal resident of the United States or Canada (excluding Quebec). The Winner’s guest must sign a liability release and waiver at least seven (7) days prior to departure in order to accompany the Winner. The Winner and their guest must travel together.
The Prize will be delivered only to the verified Winner within thirty (30) days of the Winner being confirmed. There is no substitution for the Prize or any portion of the Prize, except that Sponsor reserves the right, in its sole discretion, to substitute a Prize or portion of prize for a reasonable equivalent of comparable value in cases where the prize originally offered cannot be awarded. Prizes are not transferable or redeemable for cash, except in the sole discretion of Sponsor. All Prize details are at Sponsor’s sole discretion. The Prize will be delivered to the Winner via email. All incidental expenses and all other costs and expenses which are not specifically listed as part of a Prize in these Official Rules and which may be associated with the award, acceptance, receipt, and use of all or any portion of the awarded Prize, including but not limited to ground transportation, food, and gratuities, are solely the responsibility of the Winner. All federal, state, provincial, territorial, and local taxes associated with the receipt or use of any Prize are solely the responsibility of the Winner.
4. SELECTION AND NOTIFICATION OF WINNER: On or around 5/24/2024, one (1) winner will be selected in a random drawing of all eligible entrants (“Potential Winner”) to receive the Prize. All decisions of Sponsor are final and binding on all entrants. Provided that the Potential Winner meets all relevant criteria and has completed any relevant steps required to verify their identity to claim their Prize, they will become the winner and receive the Prize (“Winner”). The Winner will be notified within 24-48 hours of being selected.
Potential Winner will be notified by direct message to their Atmosfy account that they used to enter the Sweepstakes. Upon the request of the Sponsor, the Potential Winner may be required to sign and return a Declaration of Eligibility, Publicity and Liability Release and Prize Acceptance Form (except where publicity release is prohibited by law) and, if a US citizen, IRS W-9 form (“Prize Documentation”). If the Potential Winner either (a) does not respond within fourteen (14) days of the date appearing on the prize notification, (b) refuses the prize, (c) is found to be ineligible, or (d) fails to comply with the instructions contained in the prize notification or provide any requested documentation within that time period, Sponsor reserves the right to disqualify such Potential Winner and choose an alternate Winner from among the remaining eligible entries through a random drawing. Odds of winning depend on the number of eligible Entries received.
5. SKILLS TESTING QUESTION. Selected Canadian Winners will be required, as a condition of winning a prize, to correctly answer, without assistance of any kind, the Sponsor’s time-limited mathematical skill-testing question to be administered by executing the Winner Release.
6. APPLICABLE LAW AND JURISDICTION: The Sweepstakes is void where prohibited. The Sweepstakes is subject to all applicable federal, state, provincial, territorial, and local laws and regulations. Any dispute arising out of the Sweepstakes or the Prize shall be governed by the laws of the State of California, without regard to its choice law principles, and shall be subject to the exclusive jurisdiction of the state and federal courts in the State of California. Entrants consent to the personal jurisdiction of said courts.
Except where prohibited by law, as a condition of participating in the Sweepstakes, entrants agree that any and all disputes and causes of action arising out of or connected with the Sweepstakes, or prize awarded, shall be resolved individually, without resort to any form of class action. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH ENTRANT HEREBY WAIVES ALL RIGHTS TO CLAIM PUNITIVE, INCIDENTAL, AND CONSEQUENTIAL DAMAGES AND ANY OTHER DAMAGES, OTHER THAN FOR ACTUAL OUT-OF-POCKET EXPENSES, AND ANY AND ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
7. WAIVERS AND RELEASES: By entering, entrants agree: (a) to be bound by these Official Rules and the decisions of Sponsor, which are final and binding (without prejudice to the Entrant’s legal rights and remedies available to them under applicable law); (b) to waive any right to claim ambiguity in the Sweepstakes or these Official Rules; (c) that they may be contacted in person, by phone or email, with respect to the Sweepstakes; (d) that Sponsor, its parent companies, affiliates, subsidiaries, divisions, and advertising and promotion agencies, and their respective officers, directors, shareholders, and employees (collectively “Releasees”) are not responsible for lost, damaged, or misplaced entries, incorrect or inaccurate transcription of entry information, or for any human or other error, technical malfunction, lost/delayed data transmission, omission, interruption, deletion, defect, line failures of any telephone network, computer equipment, software, inability to access any online service or website, or any other error or malfunction, or any injury or damage to entrant’s or any other person’s computer related to or resulting from participation in the Sweepstakes, or for any injury to person or property; and (e) that the Releasees will not be liable for losses or injuries of any kind resulting from acceptance/possession/use and/or misuse of the Prize, travel to and from any prize-related activity, participation in the Sweepstakes, or printing, mailing or distribution errors. Each Winner further acknowledges that Sponsor does not make any warranties, express or implied, relating to the Prize itself and that Sponsor expressly disclaims the implied warranties or merchantability and fitness for a particular use.
8. PUBLICITY: Unless prohibited by law, entry into the Sweepstakes by residents of the United States constitutes permission for the Releasees to use that entrant’s name, address (city and state), picture, biographical information, statements, voice and likeness in any advertising and publicity Sponsor may conduct relating to the Sweepstakes in any media or format, whether now known or hereafter developed, including but not limited to the World Wide Web, at any time or times in perpetuity, without further compensation or notice, except where prohibited by law.
9. RIGHT TO VOID/TERMINATE/MODIFY: If for any reason the Sweepstakes is not capable of being executed as planned, or tampering, unauthorized intervention, fraud, technical failures or any other causes beyond the control of Sponsor, including but not limited to pandemic-related government restrictions, corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes, Sponsor reserves the right, at its sole discretion, to disqualify any suspect entry and to cancel, terminate, modify or suspend the Sweepstakes, and/or award the Prizes from among all eligible, non-suspect entries received as of the date of the termination, as Sponsor determines in its sole discretion (to the extent not prohibited by applicable laws). Entries not complying with these Official Rules are subject to disqualification. If any provision(s) of these Official Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.
10. PERSONAL INFORMATION: Entrants agree that their personal data, including name, e-mail address, phone number, and physical address, may be processed, stored, and otherwise used for the purposes and within the context of the Sweepstakes and for any of the purposes set forth in Sponsor’s Privacy Policy at https://atmosfy.io/privacy-policy.html. By participating in the Sweepstakes, entrants are agreeing to Sponsor’s Privacy Policy. Without limiting the foregoing, such data may also be used by the Sponsor in order to contact the Winner, check an entrant’s identity and contact information, or to otherwise verify an entrant’s eligibility to participate in the Sweepstakes or to receive any prize.
11. TRADEMARKS: Trademarks referenced herein are owned by their respective companies and do not imply or suggest that such companies endorse or support the Sweepstakes.
12. TO RECEIVE WINNERS LIST OR OFFICIAL RULES: To request the names of the Winners or a copy of these Official Rules, e-mail your request to info@atmosfy.io no later than four weeks after the end of the Sweepstakes Period.
13. SPONSOR: The Sponsor of the Sweepstakes is Atmosfy, Inc., 3535 Fillmore St. Apt. 302, San Francisco, CA 94123 United States.