Lycamobile 2019 Independence Day Sweepstakes Terms & Conditions

The Lycamobile 2019 Independence Day Sweepstakes (the “Sweepstakes”), sponsored by Lycamobile USA Inc. (the “Sponsor”), is a sweepstakes by which you can win a new iPhone® Xs phone.

On Facebook, in the ‘comment’ section of the sweepstakes post, share how you’ll be spending Independence Day and include the hashtag #Lycamobile4thJuly. The completeness of an entry shall be determined by Sponsor, at its sole discretion.

The Sweepstakes is open to residents of the USA aged 18 or over except employees of the Sponsor or its affiliates, advertising and promotion agencies and their immediate families (defined for the purpose of these Terms and Conditions as husband, wife, mother, father, sister, brother, son, daughter, or persons residing in the household of such employees), and anyone else professionally connected with this Sweepstakes. The Sponsor reserves the right to verify the eligibility of entrants and check their identity.

Sponsor has the right to disqualify any entry that does not comply with these terms and conditions or that is otherwise suspected of failing to comply with the fairness and integrity of this Sweepstakes.

Sweepstakes submissions will be accepted from June 25, 2019 to July 5, 2019 midnight EST (“Submission Period”).

Sponsor will, at its sole judgment and determination, select the best message. The winner will be notified via direct message and the winner name will be posted on Sponsor’s Facebook and Instagram social media pages/accounts.

The prize shall be an iPhone® Xs phone. Total retail value of all prizes: $999. Value of each prize: $999. Total prizes: 1. The prize must be accepted as awarded. Winners will be solely responsible for all fees and taxes (federal, state, local and/or income) associated with the acceptance of the prizes and all expenses not listed related to acceptance and use of the prize. No transfer, substitution, assignment or cash equivalent redemption of prize permitted, except by Sponsor, which reserves the right to substitute a prize, in whole or in part, for one of comparable or greater value due to unavailability or for any reason, as solely determined by Sponsor.

Winner must accept prize delivery in-person at Lycamobile’s Newark, NJ office location.

By entering the Sweepstakes, entrants agree to the use of their names, likenesses, photographs, voices, sounds, images and biographical information by Sponsor for any and all purposes in any and all media without further consent or payment. By entering the Sweepstakes, entrants agree to participate in any publicity campaigns at the request and discretion of Sponsor.

Sponsor has organized this Sweepstakes in good faith and does not accept any liability relating to the prize structure or prizes. Sponsor is not responsible for providing prizes for entries lost, delayed or destroyed. Sponsor is not responsible for any failures of any kind or problems or delays arising from any technical, software or equipment malfunctions, congestion on or unavailability of any service during the Sweepstakes period or otherwise, any other technical, equipment or human errors of any kind that result an entrant’s inability to participate in the Sweepstakes. By entering into this Sweepstakes, entrants hereby release and discharge Sponsor and Facebook and their respective affiliates and agents, representatives, independent contractors, officers, employees and directors (“Released Parties”) from and against any and all claims, liabilities, costs, damages and expenses of any kind arising out of or relating to their participation in this Sweepstakes, their use or acceptance of any prize and/or any actions or decisions of Sponsor in connection with the conduct and administration of this Sweepstakes. Entrants hereby waive any right to seek injunctive or other equitable relief in connection with any claim against the Released Parties. This promotion is in no way sponsored, endorsed, administered by or associated with Facebook.

The winner may be required to execute and return an Affidavit of Eligibility, which includes a Liability Release and a Publicity Release (except where prohibited) (collectively, “Affidavit/Release”). The Affidavit/Release and any Liability and Publicity Releases must be signed in-person before 6:00pm EST on July 26, 2019 at Sponsor’s offices in Newark, NJ. If a potential winner fails to return such documents within the time required, then the potential winner may be disqualified and an alternate potential winner may be selected via a random drawing, time permitting. All federal, state, local, or other tax liabilities, including but not limited to income taxes or like amounts in connection with a winner’s award, acceptance, or use of a prize arising from this Sweepstakes will be the sole responsibility of each winner. The winner will be issued an IRS form 1099 for the value of their prize.

If an entrant attempts to compromise the integrity or the legitimate operation of this Sweepstakes by hacking or by cheating or committing fraud in ANY way, Sponsor may seek damages from that entrant to the fullest extent permitted by law. Further, the entrant’s entry to this Sweepstakes will be disqualified and Sponsor may ban the entrant from participating in any future sweepstakes. If Sponsor determines, in its sole discretion, that there is any suspected or actual evidence of fraud relating to any portion of the Sweepstakes, or if technical difficulties compromise the integrity of the Sweepstakes, Sponsor reserves the right to cancel, terminate, modify or suspend the Sweepstakes, in whole or in part, at any time without notice.

In the unlikely event of a dispute, the Sponsor’s decision shall be final and binding in all matters relating to this Sweepstakes. If any provision or part of these terms and conditions is deemed void or otherwise unenforceable in law, then that provision or part shall be deemed excluded and the remainder of these terms and conditions shall remain in force. These terms and conditions, the conduct of this Sweepstakes and the interpretation and enforcement of these terms and conditions, shall be exclusively governed and construed in accordance with the laws of the United States. All federal, state and local laws and regulations apply. The Sweepstakes is void where prohibited by law. By entering the Sweepstakes, entrants agree that exclusive jurisdiction for any dispute, claim, or demand related in any way to the Sweepstakes will be decided by binding arbitration in the Newark, New Jersey, USA area. The parties agree to share equally in the arbitration costs incurred.

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 PROMOTION IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES. BY PARTICIPATING IN THE PROMOTION, 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 PROMOTION, 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.

For the winners’ names, please see Sponsor’s Facebook and Instagram pages.

Lycamobile USA Inc., 2001 Route 46, Waterview Plaza, Suite 310, Parsippany, New Jersey, 07054.

All information submitted in connection with this Sweepstakes will be treated in accordance with these Sweepstakes rules.