NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN. THIS SWEEPSTAKES IS INTENDED FOR PLAY IN THE UNITED STATES ONLY AND WILL BE GOVERNED BY U.S. LAW. DO NOT ENTER IF YOU ARE NOT ELIGIBLE AND ARE NOT LOCATED IN THE UNITED STATES AT THE TIME OF ENTRY. ENTRY IN THIS SWEEPSTAKES CONSTITUTES YOUR ACCEPTANCE OF THESE OFFICIAL RULES.
- The “UGLY SWEATER” Sweepstakes (the “Sweepstakes”) is sponsored by National Railroad Passenger Corporation, commonly known as Amtrak, headquartered at 1 Massachusetts Avenue N.W., Washington, D.C. 20001 (“Sponsor”). The Sweepstakes begins on November 8, 2021 at 10:00 am Eastern Daylight Time (“EDT”) and ends on Wednesday, November 10, 2021 at 3:00 pm EDT (the “Sweepstakes Period”).
- TO ENTER. During the Sweepstakes Period, eligible individuals may visit the Amtrak booth at the APTA EXPO (“Conference”) and complete a Sweepstakes entry form, including signing up to receive the Amtrak Connects US The entry form must be completed with correct information to be valid. Submitting a completed entry form and signing up to receive the Amtrak Connects US newsletter in accordance with these Official Rules will grant eligible individuals one (1) entry into the Sweepstakes. Those who do not follow all of the instructions, provide the required information in their entry form, or abide by these Official Rules or other instructions of Sponsor may be disqualified. There is a limit of one (1) entry per person throughout the Sweepstakes Period. Entrants violating any of these Official Rules may be disqualified.
- BINDING AGREEMENT. In order to enter the Sweepstakes, you must agree to these Official Rules. Therefore, please read these Official Rules prior to entry to ensure you understand them and agree to be bound by these terms. You agree that submission of an entry in the Sweepstakes constitutes an agreement to be bound by these Official Rules. You may not submit an entry form to the Sweepstakes and are not eligible to receive the prize described in these Official Rules unless you agree to these Official Rules. These Official Rules form a binding legal agreement between you and Sponsor with respect to the Sweepstakes.
- The Sweepstakes is open only to legal residents of any of the fifty (50) states of the United States or the District of Columbia, who, as of the date of entry, are the age of majority in their state of residence or older, and are attendees of the Conference. Employees of Sponsor and its affiliates, subsidiaries, advertising agencies, promotion, fulfillment and other coordinating agencies, and the immediate family members and/or household members of any such persons or entities are not eligible to participate in the Sweepstakes. The Sweepstakes is subject to all applicable federal, state and local laws and regulations and is void where prohibited or restricted by law.
- ODDS OF WINNING AND WINNER SELECTION. On or about November 19, 2021, Sponsor will select one (1) winner by random draw from among all eligible entries received during the Sweepstakes Period. Odds of winning depend on the number of eligible entries received. Sponsor, in its sole discretion, reserves the right at any time to disqualify any entry or entrant that fails to comply with these Official Rules. Sponsor’s determination of the winner is final and binding. The potential prize winner must meet all eligibility requirements and fully comply with these Official Rules.
- WINNER NOTIFICATION. The potential prize winner will be notified by Sponsor via e-mail on or about December 1. Potential winner is subject to verification, including verification of age. Sponsor shall have no liability for any potential prize winning notification that is lost, intercepted or not received by any potential winner for any reason. If a potential winner cannot be contacted, is ineligible or fails to claim a prize, the prize may be forfeited and an alternate winner may be selected from remaining valid, eligible entries timely submitted. Sponsor is not responsible for any change of email address, mailing address, and/or telephone number of entrants.
- One (1) winner will each receive one (1) Amtrak sweatshirt (approximate retail value of each prize (“ARV”): $65). Total ARV of all prizes: $65. Each prize winner is solely responsible for all expenses not listed in these Official Rules, including any applicable federal, state, and/or local taxes. Each prize winner is also responsible for compliance with any applicable federal, state, and/or local laws and/or regulations, including during the use of the prize. The prize is not transferable. In the event that the prize cannot be awarded due to circumstances outside Sponsor’s control, an alternate prize of equal value may be substituted at the sole discretion of Sponsor. Cash redemption, exchange or substitution is not allowed except at the sole discretion of Sponsor. Winner may be issued an IRS 1099 form for prizes over $600. All prize details not specified in the Official Rules will be determined in Sponsor’s sole and absolute discretion. Limit: One (1) prize per person.
- GENERAL RULES. Sponsor is not 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. The Sponsor is not responsible for (i) late, lost, delayed, damaged, postage-due, incomplete, illegible, misdirected or undeliverable entries, responses, or other correspondence, whether by e-mail or postal mail or otherwise; (ii) theft, destruction, unauthorized access to or alterations of entry materials; (iii) phone, electrical, network, computer, hardware, software program or transmission malfunctions, failures or difficulties; or (iv) any fees charged by any Internet Service Provider. By participating in the Sweepstakes, entrants agree to waive, release, indemnify, defend and hold harmless Sponsor its parent company, and affiliated companies and subsidiaries and their directors, officers, employees, agents, including advertising and sweepstakes agencies, and assigns, and any other organizations related to the Sweepstakes (together, the “Indemnified Parties”), from and against, any claims, injuries (including death), loss, expenses or damages and/or liabilities of any nature that in any way arise in whole or in part from the acceptance, possession, use or enjoyment of a prize or parts thereof, participation in the Sweepstakes, or in any prize-related activity, including, without limitation, any (i) claim of copyright and/or trademark infringement, and/or for the unauthorized use of a name, individual or likeness, (ii) any condition or occurrence that may cause the Sweepstakes to be disrupted or corrupted, (iii) injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of the prize, or acceptance, possession, or use of the prize, or from participation in the Sweepstakes, (iv) printing or typographical errors in any materials associated with the Sweepstakes, or (v) electronic, network or computer failures or malfunctions, or other hardware, software or technical errors of any kind, including any injury or damage to any person’s computer related to, or resulting from, participation in the Sweepstakes or for other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Sweepstakes, including, without limitation, errors or difficulties which may occur in connection with the administration of the Sweepstakes, that the Indemnified Parties may suffer, incur or be required to pay, to the extent arising out of or relation to, or brought on behalf of any third party. Further, entrants shall hold the Indemnified Parties harmless from any claims and/or damages for any injuries to either person (including but not limited to entrant or any support staff, agent, employee or contractor of entrant) or property (including but not limited to entrant’s personal property, and equipment, whether owned or rented) resulting from or occurring during entrant’s participation in this Sweepstakes or any use of the prize.
- ADDITIONAL CONDITIONS. Except where prohibited, by winning any prize, winner consents to the use of his/her name, photo and/or likeness, biographical information, entry materials and statements attributed to winner for advertising and promotional purposes in all media and in all manner, without additional compensation. Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend the Sweepstakes in whole or in part, in the event of fraud, technical or other difficulties or if the integrity of the Sweepstakes is compromised, without liability to the entrant. Sponsor reserves the right in its sole and absolute discretion to disqualify any individual that (i) tampers or attempts to tamper with the entry process or the operation of the Sweepstakes; (ii) violates these Official Rules; or (iii) acts in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. By participating in the Sweepstakes, you acknowledge that you have read these Official Rules and agree to abide by them and by the decisions of Sponsor, which are final and binding on all matters pertaining to the Sweepstakes.
- Any controversy or claim arising out of or relating to the Sweepstakes shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of the Judicial Arbitration and Mediation Services, Inc. (“JAMS” ~ “JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply Washington, D.C. law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. In the event that the claimant 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 the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by 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, the portion that is deemed invalid, unenforceable, or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE ENTRANT’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS SWEEPSTAKES IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.
BY PARTICIPATING IN THE SWEEPSTAKES, EACH ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) 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 THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS, AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) 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, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANT’S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO EVERY ENTRANT.
- WINNERS LIST. For the name of the prize winner, e-mail [email protected] with the subject “APTA EXPO Sweepstakes.” Requests received after December 31, 2021 will not be honored.
- SPONSOR’S INFORMATION. The Sponsor of this Sweepstakes is the National Railroad Passenger Corporation, commonly known as Amtrak, 1 Massachusetts Avenue. N.W., Washington, D.C. 20001.