NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN A PRIZE. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
ODDS OF WINNING ARE DEPENDENT UPON THE NUMBER OF ELIGIBLE ENTRIES RECEIVED. VOID IN FL, NY, AND WHERE PROHIBITED BY LAW. AFFIDAVIT OF ELIGIBILITY / RELEASE OF LIABILITY / PRIZE ACCEPTANCE AGREEMENT WILL BE REQUIRED. ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.
THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED, ADMINISTERED BY, OR ASSOCIATED WITH TWITTER, FACEBOOK, INSTAGRAM, SNAPCHAT, OR TIKTOK.
ENTRY PERIOD: The entry period for Cyber-Dive ‘Aqua One 529’
Sweepstakes (“Sweepstakes”), sponsored by Cyber-Dive Corp. (“Sponsor”), begins Tuesday, October 12, 2021, at 6:00:00 a.m. Mountain Standard Time (“MST”) and ends at 10:00:00 p.m. MST on Wednesday, January 12, 2022 (the “Sweepstakes Period”). Any attempted form of entry into the Sweepstakes other than as described herein is void.
ELIGIBILITY: The Sweepstakes is open only to natural persons who meet the following criteria at the time and date of entry and through award of the prizes: (a) are eighteen (18) years of age (or age of majority in their jurisdiction of residence, if over 18) or older, (b) have a United States Social Security Number or Tax Identification Number, and an address that is not a P.O. Box, (c) be the owner or co-owner of an existing 529 account or eligible to open a 529 account, and (d) are a citizen or legal resident of and physically residing in one (1) of the fifty (50) United States or the District of Columbia, excluding Florida and New York. This Sweepstakes is void in Florida, New York, Puerto Rico, Guam, American Samoa, all other United States territories, possessions, and protectorates, foreign based United States military installations and wherever restricted or prohibited by law. (Any person who attempts to participate in this Sweepstakes, regardless of whether they satisfy the above eligibility requirements and/or ultimately enter the Sweepstakes successfully, is referred to in these Official Rules as an “Entrant”).
Sponsor, any other party participating in the design, operation, promotion, or fulfillment of this Sweepstakes, and all of their respective partners, parent companies, divisions, subsidiaries, affiliates, trustees, advertising, promotion and public relations agencies, and their respective officers, directors, employees, agents, independent contractors, representatives and agencies (collectively, the “Sweepstakes Entities”) are not eligible to participate in the Sweepstakes and/or win a Prize (as defined below). Additionally, immediate family members of any such ineligible person and persons living in the same household as any such ineligible person (whether related or not) are not eligible to win. For the purposes of this Sweepstakes, “immediate family members” is defined as spouse, domestic partner, mother, father, grandmother, grandfather, children, siblings and their spouses, and “persons living in the same household” shall mean people who share the same residence at least three (3) months a year, whether legally related or not.
By entering this Sweepstakes, Entrants agree to be bound by these Official Rules and the decisions of the Sponsor, which are final and binding in all respects and cannot be challenged or appealed.
HOW TO ENTER: During the Sweepstakes Period there are two (2) ways to enter:
1. Pre-Order an Aqua One Smartphone. During the Sweepstakes Period, visit https://www.cyberdive.co/ (the “Website”) and pre-order an Aqua One Smartphone (the “Pre-Order Entry”). Entrants must complete all required information and provide a valid payment method at the time of purchase. RECEIVE ONE (1) ENTRY FOR EACH AQUA ONE SMARTPHONE PRE-ORDERED. The number of entries you receive will be based on the total number of Aqua One Smartphones pre-ordered during the Sweepstakes Period. Returns and/or credits and/or credit card charge-backs will reduce the total number of Pre-Order Entries received. If Sponsor issues a refund to an Entrant or if the Entrant initiates a credit card dispute or charge-back the corresponding number of entries associated with the refund, dispute, or chargeback will be revoked.
2. Alternative Means of Entry ("AMOE"): To obtain an entry without making a pre-order/purchase, Entrant must legibly handprint their name, street address, city, state, ZIP or postal code, telephone number, complete e-mail address on a standard 3" x 5" card and mail in a handwritten envelope which includes a handwritten return address in the upper left-hand corner that matches Entrant's street address. Entrant is not permitted to use any third party to assist with the entry process in any way. The envelope must have sufficient postage and be free of any extraneous decoration, drawing, stickers, tape, or other adornments. Mail to: Cyber-Dive Aqua One 529 Sweepstakes, 4140 E. Baseline Rd. Suite 101 Mesa, AZ 85206 ("Mail-In Entry"). Limit one (1) Mail-In Entry per envelope. Mail-In Entry and envelope must be legibly handwritten. Mechanical reproductions, postage-due, Mail-In Entries sent in excess of the entry limits will not be accepted. Mail-In Entries received without a verifiable and legible residential return address as required herein or in any adorned envelope will be deemed incomplete and void. Mail-In Entries must include all required information (as provided above) to be considered a valid entry. Bulk shipments (multiple entries in one shipping package) will not be accepted and will be destroyed. Mail-In Entry must be postmarked no later than five (5) days prior to the end of the Sweepstakes Period and received no later than the end of the Sweepstakes Period. Earn one (1) entry per valid Mail-In Entry. Entrant is limited to one (1) Mail-in Entry during the Sweepstakes Period. Requests for confirmation of receipt of Mail-In Entry will not be acknowledged. No photo copies, facsimiles, or reproductions of Mail-In Entry will be accepted. Sponsor is not responsible for late, lost, damaged, stolen, incomplete, illegible, postage due, or misdirected entries. Proof of mailing does not constitute proof of delivery. By using this AMOE method, Entrant agrees that any entries using other methods will be void. All information must be complete to be eligible.
Any attempt(s) made by the same individual to submit more than the permitted number of entries by using multiple emails/mobile numbers/accounts, false contact information, or otherwise may result in the Entrant being disqualified. Entries generated by a script, computer programs, macro, programmed, robotic or other automated means are void and may be disqualified. Entries that are in excess of the stated limits, incomplete, illegible, corrupted, damaged, destroyed, forged, false, lost, late or misdirected, deceptive or otherwise not in compliance with the Official Rules may be disqualified from the Sweepstakes at Sponsor’s sole and absolute discretion. Entries submitted by Entrants who do not meet the eligibility requirements (including all requirements with respect to age and residence) are void. All materials submitted become the physical property of Sponsor and will not be returned. In the event of a dispute over the identity of an Entrant, entry will be deemed submitted by the registered account holder of the email address or social media account associated with the entry, provided that person is eligible.
Winners may be required to show proof of being the registered account holder. “Registered account holder” is defined as the natural person assigned to an email address by an Internet access provider, on-line service provider, or other organization responsible for assigning email addresses for the applicable domain or to a social media user name by the applicable social platform. 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. Those who do not follow all of the instructions, provide the required information in their entry form, or abide by these Official Rules and/or other instructions of Sponsor may be disqualified. The Sweepstakes Entities may run multiple campaigns, contests, sweepstakes or other promotions simultaneously. Entry into one (1) campaign, contest, or sweepstakes does not constitute entry into any other.
It is the sole responsibility of the Entrant to notify Sponsor in writing of any changes to Personal Information, including email addresses, by mailing such notice (for receipt during the Sweepstakes Period) to: Cyber-Dive Aqua One 529 Sweepstakes, 4140 E. Baseline Rd. Suite 101 Mesa, AZ 85206. All entries and related correspondence become property of Sponsor and will not be returned.
WINNER SELECTION PROCESS: There will be one (1) winner selected in this Sweepstakes. The winner will be selected through a random drawing on or about January 29, 2022 from among all eligible entries received during the Sweepstakes Period in accordance with these Official Rules. Sponsor will have complete discretion over interpretation of the Official Rules, administration of the Sweepstakes, and selection of the winner. Decisions of the Sponsor as to the selection of the winner will be final.
If a potential winner is found ineligible or fails to comply with these Official Rules, that individual’s claim to a Prize is forfeited and an alternate qualifying and eligible Entrant may be contacted at Sponsor’s sole discretion.
All Prizes legitimately claimed will be awarded.
PRIZE: The one (1) Winner selected by the Sponsor will receive a FIVE THOUSAND DOLLAR ($5,000) contribution into a 529 account (existing or to-be-established account) for which they are an owner (the “Prize”). All potential winners are subject to eligibility verification by the Sponsor, whose decisions are final and binding in all matters related to the Sweepstakes. An Entrant is not a winner of any prize unless and until the Entrant’s eligibility has been verified and the Entrant has been notified that verification is complete. The prize is non-transferable. The Sponsor is responsible only for delivery of the prize and is not responsible for prize utility or otherwise. The Sweepstakes does not consider a winner’s personal circumstances or other factors that may be important in making investment decisions. Investment returns are not guaranteed, and the winner could lose money by investing in a 529 account. Winner should consult their own tax advisor about tax implications, if any, associated with contributions and/or withdrawals from a 529 account. The prizes may be considered income, and any and all taxes associated with a prize are the responsibility of the winner. The Sweepstakes is not a recommendation to invest in any specific 529 program.
All Winners will be required to review and execute further contracts and releases provided by Sponsor to receive the applicable Prize. (See the “Winner Notification” section below for details.) All terms and conditions of the Sponsor Affidavit (defined below) or other prize-acceptance documentation, as well as any other rules, regulations and guidelines of Sponsor shall be applicable to the Prize.
Approximate Retail Value of the Prize is $5,000.00.
Allow 8–12 weeks from the date winner confirms 529 account information for delivery of Prize.
Each potential winner will be notified using the Personal Information provided during entry by any of email, telephone, or mail (method to be selected by Sponsor in its sole discretion) in a commercially reasonable time after the drawing. The potential winner must respond within twenty-four (24) hours of notification, and in accordance with the instructions in the notification, or the Prize may, in Sponsor’s sole discretion, be forfeited. The Sweepstakes Entities are not responsible for false, incorrect, changed, incomplete or illegible contact information. Notification is deemed to have occurred immediately upon sending of an email and/or placing of a phone call, one (1) day after sending via a delivery service, or two (2) days after mailing. A potential winner who provides a P.O. Box will be required to provide an alternative physical address and this may cause a delay in notification and acceptance, so use of a P.O. Box is discouraged. The Sweepstakes Entities are not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, insufficient space in Entrant’s email or voicemail inbox to receive messages, or any limitations associated with receipt or delivery of text messages or direct messages.
Each potential Winner may be required to submit an affidavit of eligibility / release of liability / prize acceptance agreement (collectively, the “Affidavit”) and return the Affidavit within the time period specified at notification before being eligible to receive their Prize. In addition, for any prize with a value of $600 or more, the potential Winner shall be required to return a completed IRS Form W-9 to the Sponsor prior to Sponsor’s delivery of the prize (the “W9”). All Prize claims, including any required Affidavit, are subject to verification by Sponsor. If any potential Winner fails or refuses to sign and return such Affidavit and W9 within the time period required by Sponsor or if the Prize or Prize notification is returned as rejected, faulty, unclaimed or returned as undeliverable to such potential Winner, such potential Winner may be disqualified and an alternate Winner may be selected. Non-compliance shall result in disqualification. If any potential Winner is found to be ineligible, or if they have not complied with these Official Rules and all other additional or supplemental rules or instructions, or if the potential Winner cannot attend or participate in any portion of the Prize, or declines a Prize for any reason prior to award, such potential Winner may be disqualified and an alternate potential Winner may be selected. If, for any reason, more bona fide Winners come forward seeking to claim Prizes in excess of the number of each type of Prize set forth in these Official Rules, the winners, or remaining winners, as the case may be, of the advertised number of Prizes available may be selected in a random drawing from among all persons making purportedly valid claims for such Prize(s). Inclusion in such drawing shall be each Entrant’s sole and exclusive remedy under such circumstances. The Sweepstakes Entities are not responsible for and shall not be liable for late, lost, damaged, intercepted, misdirected, or unsuccessful efforts to notify the potential Winner.
ADDITIONAL PRIZE INFORMATION:
Sponsor reserves the right to conduct a background check on the potential Winner and each potential Winner agrees to execute any additional documentation necessary for and to cooperate fully in any such background check conducted by or on behalf of Sponsor.
Sponsor will not replace any lost or stolen cash, cash equivalent, or other forms of prize distributed. In the event of such a loss, Sponsor shall have the right, in Sponsor’s sole discretion, to disqualify the Winner or to award to that Winner the remaining elements of the Prize which shall constitute full satisfaction of Sponsor’s prize obligation to the Winner and no additional compensation will be awarded.
Any taxes (federal, state, and local) and all other costs and expenses associated with Prize acceptance or use and not specified in these Official Rules as being part of a Prize will be the sole responsibility of the Winner. Any Prize details not specified in these Official Rules will be determined by Sponsor in its sole discretion. Sponsor reserves the right to substitute any Prize or any portion thereof with another Prize or Prize component of equal or greater value for any reason, including unavailability of the stated Prize. Entrants waive the right to assert, as a cost of winning any Prize, any and all costs of verification and any liability and publicity which might arise from claiming or seeking to claim said Prize.
If Winner does not accept the entire Prize, the unaccepted Prize (or part of the Prize) will be forfeited and Sponsor will have no further obligation with respect to that Prize or any portion of that Prize. Sponsor will have no liability for a potential Winner’s failure or inability to accept a Prize for any reason. Any failure to use a Prize after acceptance does not relieve the Winner of their tax obligations associated with winning the Prize. No transfers, prize substitutions or cash redemptions will be made, except at Sponsor’s sole discretion. Winner is strictly prohibited from selling, auctioning, trading or otherwise transferring the opportunity to receive the Prize.
OWNERSHIP AND LICENSE:
All Sweepstakes related materials, including any Mail-In Entry, become the property of Sponsor and will not be acknowledged or returned. Any use of any of the Sweepstakes Entities trademarks or copyright interest for any purpose not authorized by Sweepstakes Entities is strictly prohibited and may subject Entrant to civil and/or criminal liability.
Subject to applicable law, each Entrant irrevocably grants the Sweepstakes Entities and each of their licensees, and its and their successors, assigns and sub-licensees the right and permission to use their name, voice, likeness, social-media username, biographical material, any content included in an entry, and any other personal attribute or identifier for advertising, promotional and/or publicity purposes, in all forms of media and by all manners (now and hereafter known), worldwide, in perpetuity, without any compensation, obligation, notice or consideration except for the awarding of the Prize(s) to the Winners.
ALL PRIZES ARE PROVIDED “AS IS” AND “WITH ALL FAULTS.” SWEEPSTAKES ENTITIES MAKE NO WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO THE USE OR ENJOYMENT OF ANY PRIZE, OR ANY PORTION THEREOF, INCLUDING, WITHOUT LIMITATION, ITS QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
RELEASE, HOLD HARMLESS AND INDEMNIFICATION:
BY ENTERING, ALL ENTRANTS IN THE SWEEPSTAKES, ENTRANT’S HEIRS, EXECUTORS, ADMINISTRATORS, LEGAL SUCCESSORS AND/OR ASSIGNS RELEASE AND AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS ALL SWEEPSTAKES ENTITIES, TWITTER, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS, AND ASSIGNS (THE “RELEASED PARTIES”) FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, LOSSES AND CAUSES OF ACTION FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, ALL CONSEQUENTIAL, PUNITIVE, AND INCIDENTAL DAMAGES), LIABILITY, LOSS, COST, FEES (INCLUDING ATTORNEYS’ FEES), INCLUDING, WITHOUT LIMITATION, DAMAGE TO PERSON (INCLUDING DEATH) OR PERSONAL OR REAL PROPERTY, DUE, IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, BY REASON OF THE ACCEPTANCE, POSSESSION, REDEMPTION, MISDIRECTION, USE OR MISUSE OF ANY PRIZE OR ANY PORTION OF ANY PRIZE (INCLUDING ANY ACTIVITY OR TRAVEL RELATED THERETO) OR PARTICIPATION IN THE SWEEPSTAKES AND THE ACTIVITIES OR FOR ANY AND ALL CLAIMS BASED ON RIGHTS OF PUBLICITY AND RIGHTS OF PRIVACY WHETHER ANY OF THESE THINGS ARE CAUSED, IN WHOLE OR IN PART, BY THE ACTS, OMISSIONS, NEGLIGENCE OR MISCONDUCT OF THE SPONSOR AND/OR ANY OTHER RELEASED PARTY.
By participating in the Sweepstakes, Entrant agrees to release, discharge, indemnify, and hold harmless the Released Parties from and against any and all claims, liability, costs (including attorneys’ fees), losses, damages, fines or injuries (up to and including bodily injury and death) of any kind arising out of or related to: (i) Entrant’s participation in the Sweepstakes (including travel to/from any Sweepstakes activity); (ii) any acceptance, possession, misuse or use of any Prize (including, without limitation, losses, damages or injuries to Entrant’s or any other person’s equipment or other property, or to their persons, including those arising from any travel to/from and participation in any Prize event or activity); (iii) the Released Parties’ violation of rights of publicity or privacy, claims of defamation or portrayal in a false light or based on any claim of infringement of intellectual property; and (iv) any typographical, human or other error in the printing, offering, selection, operation or announcement of any Sweepstakes activity and/or Prize. Without limiting the generality of the foregoing, Entrant agrees that the Released Parties have neither made nor will be in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, in connection with the Sweepstakes and/or with respect to Prizes, including, without limitation, to any Prize’s quality or fitness for a particular purpose. Entrant agrees that the Released Parties shall have no responsibility or liability for discontinued prizes; human error; incorrect or inaccurate transcription of registration and/or account information; any technical malfunctions of the telephone or data network, computer online system, computer dating mechanism, computer equipment, software, or Internet service provider utilized by Sponsor; interruption or inability to access the Website or any online service via the Internet due to hardware or software compatibility problems; any damage to Entrant’s (or any third person’s) computer or mobile device and/or its contents related to or resulting from any part of the Sweepstakes; any lost/delayed data transmissions, omissions, interruptions, viruses, bugs, defects; and/or any other errors or malfunctions, even if caused by the negligence of the Released Parties. The Released Parties are not responsible for any changes or unavailability of the wireless carrier, internet service provider, or platform used for purposes of administering this Sweepstakes that may interfere with the Sweepstakes (including any limitations, any restrictions, or any conditions on Sponsor’s ability to use the Website, or phone service for the Sweepstakes as set forth herein that are not acceptable to Sponsor) or ability of Entrant to timely enter, receive notices, or communicate with Sponsor via the Website in which case Sponsor, in its sole discretion, may terminate or modify the Sweepstakes. Sponsor is not responsible for any delay caused by the postal service in delivering the Mail-In Entry.
The Sweepstakes Entities are not responsible for human errors or for any damaged, tampered with, delayed, illegible, incomplete, inaccurate, garbled, late, lost, forged, misaddressed, misdirected, mutilated, mass machine-generated, unintelligible, incomprehensible, stolen entries or entries otherwise not in compliance with these Official Rules. In addition, Sweepstakes Entities are not responsible for any typographical errors in these Official Rules, Sweepstakes content or any advertising materials for the Sweepstakes, or for any kind of computer, electronic, hardware, software, Internet, network, data, technical or telephone failures and/or problems caused by the Sponsor and/or the other Sweepstakes Entities or the user, or by any of the equipment or programming associated with or utilized in the Sweepstakes, or by any human, typographical, electronic, network or other error that may occur in receiving and/or processing of the entries in the Sweepstakes, or by infection by computer viruses, bugs, tampering, unauthorized intervention, fraud or technical failure.
Sponsor reserves the right to change, alter, or amend these Sweepstakes rules or to alter, modify, or terminate the Sweepstakes, as necessary, in its sole discretion, to ensure the fair administration of the Sweepstakes or to comply with applicable law. If the Sweepstakes becomes compromised, hampered, interrupted, not capable of running as planned, rendered impossible of performance in any way, or prevented, including, without limitation, because of any kind of ransomware, cyber-attack, computer viruses, bugs, electronic, hardware, software, Internet, network, technical or telephone failures, tampering, unauthorized intervention, fraud, an event of force majeure, or any other cause created by Sponsor and/or the other Sweepstakes Entities, any user or Entrant or a third party, or by any of the equipment or programming associated with or utilized in the Sweepstakes, Sponsor reserves the right, at its sole discretion, to change the Official Rules, to cancel, modify, suspend, or withdraw the Sweepstakes or any Sweepstakes offer and/or cancel, modify, suspend, or withdraw any method of entry, without notice, and select Winners from all valid entries received for the Sweepstakes prior to or after the cancellation, modification, suspension or withdrawal (if any) or to otherwise award any Prize(s) as deemed fair and appropriate by Sponsor in its sole discretion. As used herein, an event of force majeure shall be deemed to include, without limitation, an act of God or public enemy; an act or threat of terrorism, war (declared or undeclared), riot or civil commotion, fire, flood, natural or man-made epidemic/pandemic of health or other means, earthquake, explosion, riot or civil disturbance, public health crisis (e.g. COVID-19, SARS, Ebola, Measles), casualties, satellite or equipment failure, boycott, labor dispute, strike or stoppage (including a strike by the members of any union), labor or material shortage, transportation interruption of any kind, an act, regulation, order, guidance, or request of or by any federal, state or local authority or quasi-governmental entity (whether or not the act, regulation, order, guidance, or request proves to be invalid); ransomware or cyber-attack; order of any court or jurisdiction; or any other cause not reasonably within Sponsor’s control.
GENERAL CONDITIONS OF ENTRY:
All Entrants, as a condition of entry, agree that they have not been required to purchase any kind of Internet, wireless, or data service whatsoever in order to participate in and/or enter the Sweepstakes. The Sweepstakes Entities are not responsible for the actions of Entrants in connection with the Sweepstakes, including Entrants’ attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Sweepstakes. Persons found tampering with or abusing any aspect of this Sweepstakes, or whom Sponsor believes to be causing malfunction, error, disruption or damage may be disqualified. Additionally, any attempt to cheat the Sweepstakes, as determined in the sole and absolute discretion of Sponsor, may result in immediate disqualification of Entrant, as well as other possible consequences, including disqualification from any and all existing and future sweepstakes. ANY ATTEMPT BY A PERSON TO DAMAGE ANY WEBSITE (INCLUDING ANY SOCIAL MEDIA PLATFORM OR APPLICATION) OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK ALL LEGAL AND EQUITABLE REMEDIES FROM AND AGAINST ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor reserves the right, in its sole and absolute discretion, to disqualify (or terminate the Prize of) any individual who is found to be, or suspected of, acting in violation of these Official Rules, or to be acting in an unsportsmanlike, obscene, immoral, or disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person.
Entrant further understands and agrees that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release(s) are hereby expressly and forever waived. Entrant acknowledges that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN THEIR FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY THEM, WOULD HAVE MATERIALLY AFFECTED THEIR SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.
The parties agree that the Sweepstakes and these Official Rules will be governed, construed, and interpreted under the laws of the State of Arizona, without giving effect to any choice of law or conflict of law rules (whether of the State of Arizona or any other jurisdiction) which would cause the application of the laws of any jurisdiction other than the State of Arizona.
Entrant, Sponsor, and the other Released Parties (each, a “Party” and collectively the “Parties”) each agree to fully and finally settle all disputes pertaining to the Sweepstakes, administration of the Sweepstakes, and/or these Official Rules only through binding arbitration; provided, however, Sponsor shall be entitled to seek injunctive or equitable relief in the state and federal courts in Maricopa County, Arizona and any other court with jurisdiction over the Parties. In arbitration, there is no judge or jury and review is limited. The arbitrator’s decision and award are final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The Parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to this Sweepstakes shall be resolved solely by binding arbitration before a sole arbitrator under the Streamlined Arbitration Rules & Procedures of JAMS Inc. (“JAMS”) or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a “Demand for Arbitration”, then either Party can elect to have the arbitration administered by the American Arbitration Association (“AAA”) or any other mutually agreeable arbitration administration service. If an in-person hearing is required, then it will take place in Phoenix, Arizona or – where required by the arbitration service’s rules – in or near your home town. The federal or state law that applies to these Official Rules will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn’t apply and the dispute must be brought in a court of competent jurisdiction in Maricopa County, Arizona. Sponsor agrees to pay the administrative and arbitrator’s fees in order to conduct the arbitration (but specifically excluding any travel or other costs of Entrant to attend the arbitration hearing). Either Party may, notwithstanding this provision, bring qualifying claims in small claims court.
LIMITATION OF LIABILITY:
BY ENTERING THE SWEEPSTAKES, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ANY AND ALL CLAIMS, JUDGMENTS, AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED FIVE DOLLARS ($5.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (C) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED FIVE DOLLARS ($5.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (D) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF, PROVIDED HOWEVER THAT NOTHING IN THESE OFFICIAL RULES WILL RESTRICT A CALIFORNIA RESIDENT’S RIGHT (IF ANY) TO PURSUE PUBLIC INJUNCTIVE RELIEF AS PERMITTED BY LAW IN ACCORDANCE WITH THE DISPUTE-RESOLUTION PROVISION ABOVE.
To receive the Winners’ list, send a stamped self-addressed envelope to: “Aqua One 529 Sweepstakes Winner List”, Cyber-Dive Corp., 4140 E. Baseline Rd. Suite 101 Mesa, AZ 85206 within sixty (60) days of expiration of the Sweepstakes Period.
For a copy of the Official Rules, go to https://www.cyberdive.co/529-giveaway-official-rules during the Sweepstakes Period.
This Sweepstakes is sponsored by Cyber-Dive Corp., 4140 E. Baseline Road Suite 101, Mesa, AZ 85206.
Before you invest, consider whether your or the beneficiary's home state offers any state tax or other benefits that are only available for investments in that state's 529 plan. Other state benefits may include financial aid, scholarship funds, and protection from creditors.
Reference to third parties in connection with prizes and/or third-party websites or services are for reference and identification purposes only and not intended to suggest endorsement, sponsorship or affiliation with Sponsor or the Sweepstakes.
Aqua One is a trademark of Cyber-Dive Corp. All trademarks, service marks, logos, products, or service names are the property of their respective owners. All Rights Reserved. This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with any third-party not specifically designated by Sponsor. Information is being provided solely to Sponsor in accordance with these Official Rules.
© 2021 Cyber-Dive Corp. All rights reserved.