The 2021 Solitaire TriPeaks “My Year in the Pandemic” Contest
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT
IMPROVE YOUR CHANCE OF WINNING.
Contest Description: The 2021 Solitaire TriPeaks “My Year in the Pandemic” Contest (the “Contest”) begins on or about April 29, 2021, at 12:01 a.m. Eastern Time (“ET”), and ends on May 27, 2021, at 11:59 p.m. ET (the “Contest Period”). Participants must post their “My Year in the Pandemic” entry for one of the categories below in the Solitaire TriPeaks Forum for a chance to win Coins, Wild Cards, Volcano Cards and Boosters. At the end of the Contest Period, a panel of judges will pick three (3) winners in each of the following categories: (i) “My Home Makeover”; (ii) “My Greatest Pandemic Accomplishment”; (iii) “I Started a Hobby; and (iv) “What I learned During the Pandemic”. Entry in the Contest does not constitute entry into any other promotion or contest. At the end of the Contest Period, a panel of judges will pick three (3) winners in each of the categories. By participating in the Contest, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of GSN Games, Inc., located at 2150 Colorado Avenue, Santa Monica, CA 90404 (“Sponsor”), which shall be final and binding in all respects.
Eligibility: Only legal residents of Canada (excluding Quebec), the 50 United States and the District of Columbia who are eighteen (18) years of age or older at the time of entry and have an account (an “Account”) and access to the GSN Tripeaks App (the “App”) and access the App through Facebook (the “Facebook App”) are eligible to enter. Minors must obtain permission from their parents or legal guardian to enter. Entrants who enter the Contest using the App must connect their Facebook account with their App Account. Creating an Account is free. Those persons who are involved with the development, production or distribution of the Contest, along with the officers, directors and employees of Sponsor Sony Pictures Entertainment Inc., and each of their respective parents, subsidiaries, divisions, and affiliates and the advertising and promotion agencies involved in this Contest, (all such individuals and entities referred to
collectively as the “Contest Entities”), and the immediate family members of and those living in the same household (whether related or not) as any of the individuals in the preceding categories, and any person whose access to TriPeaks or Facebook has been terminated or suspended, are not eligible to enter the Contest or win a prize. This Contest is void where prohibited. This Contest is in no way sponsored, endorsed or administered by, or associated with, Facebook.
How To Enter: To enter, eligible entrants must: post your “My Year in the Pandemic” Contest submission during the Contest Period, in one of the above mentioned categories, to the Solitaire TriPeaks Forum, under the appropriate category under the “My Year in the Pandemic” Contest header (each, a “Submission”). You may enter one (1) Submission in each category per person. The Submission must meet the following “Submission Requirements”: (i) the Submission must be the submitting entrant’s original, previously unpublished work and not feature or focus on any copyrighted material, logos or trademarks that are owned by third parties; (ii) the entrant should either by the only person who appears in the photo or, if anyone else appears in the photo, the entrant must obtain written permission from that person or those people to include them in the photo, and if Sponsor asks to see the written permissions, the entrant must
Entry must be made by the entrant, only through the entry method described above. Entries made by any other individual or any entity, and/or originating at any other web site or e-mail address, including but not limited to commercial sweepstakes subscription notification and/or entering service sites, will be declared invalid and disqualified for this Contest. Tampering with the entry process or the operation of the Contest, 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 Contest 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 used in the Contest or by any technical or human error which may occur in posting Submissions, or processing of the entries in the Contest. The Contest Entities assume no responsibility or liability for any error, omission, interruption, deletion, theft or destruction, or unauthorized access to, or alteration of entries.
IMPORTANT NOTE: Any entrant who incorporates any intellectual property or material owned by a third party into his or her Submission does so at his or her own risk. Further, no entrant will be eligible to receive a prize unless Sponsor determines, in its sole and absolute discretion, that such entrant’s Submission has been or can be sufficiently cleared for legal purposes.
Be sure the contact information you provide is up to date because that information will be used to contact you if you’re selected as a potential winner. The Forum’s database clock will time stamp your entries and will be the official time keeper for this Contest.
Winner Selection and Notification: Assuming a sufficient number of eligible Submissions are received, by the end of the Contest Period, a judge or group of judges (the “Judging Panel”) will review the Submissions that have been received and select up to three (3) prize winners in each of the four (4) categories. The judging will be conducted by June 5, 2021. Potential winners will be notified using contact information provided in connection with the potential winner’s Account. Each entrant is responsible for keeping their Account information up to date and accurate as this is how we will notify winners. Sponsor shall have no liability for any winner notification that is lost, intercepted or not received by a potential winner for any reason. Time is of the essence in awarding each prize. If, despite reasonable efforts, a potential winner does not respond within thirty (30) days of the first notification attempt, or if the prize or prize notification is returned as unclaimed or undeliverable to such potential winner, such potential winner will forfeit their prize and an alternate winner may be selected. If any potential winner is found to be ineligible, or if they have not complied with these Official Rules or they decline a prize for any reason prior to award, such potential winner will be disqualified and an alternate winner may be selected. Sponsor may successively attempt to contact one (1) potential winner of an applicable prize in accordance with such procedure, and if there is still no confirmed winner of such applicable prize after such attempts have been made, if any, such prize may go unawarded.
Twelve (12) prizes are available in the Contest. Each of the four (4) categories will include a 1st, 2nd and 3rd Prize comprised of: (i) First Prize: 500,000 Coins, 5 Wild Cards, 3 Volcano Cards and 5 of each Booster (valued at $107); (ii) Second Prize: 400,000 Coins, 5 Wild Cards, 3 Volcano Cards (valued at $65); and (iii) Third Prize: 300,000 Coins, 5 Wild Cards and 3 Volcano Cards (valued at $51).
Odds of winning a prize in the Contest depend on the number of eligible entries received during
the Contest Period.
General Prize Conditions: Prizes will be awarded only if each potential winner fully complies with these Official Rules. All portions of the prize(s) are non-assignable and non-transferable. Prizes pictured in point-of-sale, online, television and print advertising, promotional packaging and other Contest materials are for illustrative purposes only. All details and restrictions of the prizes not specified in these Official Rules will be determined by Sponsor in its sole discretion. No cash alternative or substitution of prize(s) will be allowed, except Sponsor reserves the right in its sole discretion to substitute prize(s) of comparable value if any prize is unavailable, in whole or in part, for any reason. Each 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. Sponsor may, in its sole discretion, deduct or withhold the amount of applicable tax on any cash or cash equivalent prize. If required by law, Sponsor reserves the right to withhold and remit to the appropriate taxing authorities the amount of any taxes due. Each prize winner will be required to execute an Affidavit of Eligibility, a Liability Release, and (where imposing such condition is legal) a Publicity Release and any other applicable forms required by tax authorities and/or Sponsor (collectively, “Prize Claim Documents”). The Sponsor will issue and file an IRS Form 1099 or equivalent tax withholding documentation for the retail value of any prize or other items of value transferred to each prize
winner by the Sponsor in accordance with IRS requirements, and the Sponsor may also share such documentation with a state or local government agency as required by law. Refusal or failure of each prize winner to satisfy the requirements of all necessary and appropriate tax, withholding or other required compliance terms (including Social Security number, IRS Form W8BEN, IRS Form W9, or equivalent information), as determined by the Sponsor in its sole discretion, may result in each prize winner forfeiting the prize(s) and an alternate potential winner may be selected in accordance with these Official Rules. Sponsor will award prizes subject to any applicable withholding taxes, and the amount of the prize transferred, as reduced by any applicable withholding taxes, will constitute full payment of the prize, as applicable. If any potential prize winner is found to be ineligible, or if they have not complied with these
Official Rules or if they decline a prize for any reason prior to award, such potential winner will be disqualified and an alternate winner may be selected. Each potential winner will 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 a winner is under the age of majority in such winner’s state of residence (a “minor”), at Sponsor’s option, the applicable prize either will be awarded in the name of the parent or legal guardian of such minor winner, or the parent or legal guardian of such minor winner will be required to ratify and sign Prize Claim Documents. If any potential winner (or, in the case of a minor, such minor potential winner’s parent or legal guardian) cannot be identified, cannot be contacted or reached after a reasonable attempt has been made (as determined by Sponsor in its sole discretion), fails or refuses to sign and return all Prize Claim Documents within seven (7) days of notification or otherwise fails to comply with these Official Rules, such potential winner may be disqualified and an alternate winner may be selected. A potential winner may be required to provide the correct answer to a mathematical skill-testing question (unaided and within a reasonable time as specified by Sponsor or its designee).
Sponsor makes no warranties, and hereby disclaims any and all warranties, express or implied, concerning any prize furnished in connection with the Contest. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUCH PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SPONSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.
REPRESENTATIONS AND WARRANTIES/INDEMNIFICATION: Each entrant (and any minor entrant’s parent or legal guardian) represents and warrants as follows: (i) the Submission does not and will not violate or infringe upon the intellectual property rights or other rights of any other person or entity; (ii) the Submission meets the Submission Requirements, and does not and will not violate any applicable laws, and is not and will not be defamatory or libelous. Each entrant (and any minor entrant’s parent or legal guardian) agrees to indemnify the Contest Entities and hold them harmless from and against any and all third party claims, liability, judgments, losses, damages, costs, and expenses, including penalties, interest and reasonable outside attorney’s fees and costs in the defense and disposition of such matters arising out of, resulting from, based upon or incurred because of a breach or allegation that, if true, would constitute a breach by entrant of his or her representations, warranties, covenants or obligations hereunder, including, without limitation, any action or statement made by entrant while participating in the Contest.
PUBLICITY RELEASE: Without in any way limiting the rights granted in the Submission, as set forth above, acceptance of a prize constitutes winner’s permission for the Contest Entities to use each winner’s Submission (if applicable) and his or her name, social media handle, photograph, likeness, voice, biographical information, statements and address (city and state) in and in connection with advertising, marketing, promotional, and/or publicity purposes for the Contest, Contest Entities, and all uses of the Submission permitted herein, worldwide and in all forms of media and by any and all means and media now known or hereafter developed, in perpetuity, without any obligation, notice, or further compensation to the winners.
NATURE OF RELATIONSHIP/WAIVER OF EQUITABLE RELIEF: Each entrant (and any minor entrant’s parent or legal guardian) hereby acknowledges and agrees that the relationship between the entrant and the Contest Entities is not a confidential, fiduciary, or other special relationship, and that the entrant’s decision to provide the entrant’s Submission (if applicable) to Sponsor for purposes of the Contest does not place the Contest Entities in a position that is any different from the position held by members of the general public with regard to elements of the entrant’s Submission. Each entrant understands and acknowledges that the Contest Entities have wide access to ideas, stories, designs, and other literary materials, and that
new ideas are constantly being submitted to the Contest Entities or being developed by their own employees. Each entrant also acknowledges that many ideas may be competitive with, similar or identical to the Submission and/or each other in theme, idea, plot, format or other respects. Each entrant acknowledges and agrees that such entrant will not be entitled to any compensation as a result of any Contest Entity’s use of any such similar or identical material. Each entrant acknowledges and agrees that the Contest Entities do not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the Submission. Finally, each entrant acknowledges that, with respect to any claim by entrant relating to or arising out of a Contest Entity’s actual or alleged exploitation or use of any Submission or other material submitted in connection with the Contest, the damage, if any, thereby caused to the applicable entrant will not be irreparable or otherwise sufficient to entitle such entrant to seek injunctive or other equitable relief and entrant’s rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
NO OBLIGATION TO USE: The Contest Entities shall have no obligation (express or implied) to use any Submission, or to otherwise exploit any Submission or, if commenced, to continue the distribution or exploitation thereof, and the Contest Entities may at any time abandon the use of the Submission for any reason, with or without legal justification or excuse, and entrants shall not be entitled to any damages or other relief by reason thereof.
DATES & DEADLINES/ANTICIPATED NUMBER OF CONTESTANTS: Because of the unique nature and scope of the Contest, Sponsor reserves the right, in addition to those other rights reserved herein, to modify any date(s) or deadline(s) set forth in these Official Rules or otherwise governing the Contest. Sponsor cannot accurately predict the number of entrants who will participate in the Contest.
FURTHER DOCUMENTATION: If Sponsor shall desire to secure additional assignments, certificates of engagement for the Submission or other documents as Sponsor may reasonably require in order to effectuate the purposes and intents of these Official Rules, then each entrant agrees to sign the same upon Sponsor’s request therefor.
General Liability Release/Force Majeure: Acceptance of a prize constitutes winner’s (or any minor winner’s parent or legal guardian) permission for the Contest Entities to use winner’s name, photograph, likeness, voice, biographical information, statements and address (city and state) for advertising and/or publicity purposes worldwide and in all forms of media now known or hereafter developed, in perpetuity, without further compensation. Each entrant (and any minor entrant’s parent or legal guardian) agree that Sponsor: (A) shall not be responsible or liable for, and are hereby released from, any and all costs, injuries, losses or damages of any kind, including, without limitation, death and bodily injury, due in whole or in part, directly or indirectly, to participation in the Contest or any Contest-related activity, or from entrants’ acceptance, receipt, possession and/or use or misuse of any prize; and (B) have not made any
warranty, representation or guarantee express or implied, in fact or in law, with respect to any prize, including, without limitation, to such prize’s quality or fitness for a particular purpose. Sponsor assume no responsibility for any damage to an entrant’s, or any other person’s, computer system which is occasioned by participating in the Contest, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature.
Without limiting the generality of the foregoing, Sponsor is not responsible for incomplete, illegible, misdirected, misprinted, late, lost, damaged, stolen, or postage-due Submissions or prize notifications; or for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet service providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, difficulties or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information.
Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Contest, to be acting in violation of these Official Rules, or to be acting in an unsportsman-like or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Contest, or to annoy, abuse, threaten or harass any other person in connection with this Contest or any other contest, Contest, promotion or event of any kind or nature sponsored or administered by Sponsor or its affiliate, subsidiary or parent companies, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. No mechanically reproduced, illegible, incomplete, forged, software-generated or other automated multiple entries will be accepted. If a dispute as to the identity of the individual who actually submitted a Submission cannot be resolved to Sponsor’s satisfaction, the affected Submission may be deemed ineligible. Sponsor reserves the right to modify, extend, suspend, or terminate the Contest if it determines, in its sole discretion, that the Contest 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 Contest 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 Contest as contemplated herein by any event beyond its control, including but not limited to, fire, flood, natural or man-made epidemic of health of other means, pandemic, public health crisis, disease, virus, sickness or outbreak or other similar or dissimilar natural disaster, 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 reserves the right to modify, suspend, extend or terminate the Contest. If the Contest is terminated before the designated end date or time, Sponsor may (if possible) select the prize winner(s) from all eligible, non-suspect entries received up to the date of the event giving rise to the termination. 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 Official Rules shall not affect the validity or enforceability of any other provision. If any provision is determined to be invalid or otherwise unenforceable or illegal, these Official 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.
Governing Law/Jurisdiction: ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR SPONSOR IN CONNECTION WITH THE CONTEST SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE UNITED STATES OF AMERICA AND THE STATE OF CALIFORNIA WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OF CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S LAWS.
Arbitration Provision: By participating in this Contest, each entrant (an any minor entrant’s parent or legal guardian) agrees that: (i) any and all disputes the entrant may have with, or claims entrant may have against, the Contest Entities relating to or arising out of or connected in any way with (a) the Contest, (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 the applicable participant may have entered into in connection with the Contest; (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 the entrant’s and/or the applicable Sponsor’s 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 the entrant or Sponsor; (viii) if the entrant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of entrant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (ix) 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 entrant nor Sponsor 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.
and not Facebook.
Winners’ List: To obtain a copy of these Official Rules or any legally required winners’ list, send a self-addressed, stamped envelope (with proper postage affixed) to: The 2021 Solitaire TriPeaks “My Year in the Pandemic” Contest, “Rules/Winners’; Names”, GSN Games, Inc. 2150 Colorado Avenue, Santa Monica, CA 90404 Attn: Marketing Department. All such requests must be received within six (6) weeks after the end of the C Period.