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Poll Question Sweepstakes Official Promotion Rules

NO PURCHASE NECESSARY TO ENTER OR WIN.  PURCHASE WILL NOT INCREASE THE ODDS OF WINNING.

The Poll Question Sweepstakes (the “Promotion”) is sponsored by Digital Media Solutions (“Sponsor”).  By entering the Promotion, you agree to comply with and be bound by the Poll Question Sweepstakes Official Promotion Rules (the “Rules”).  Please review the Rules carefully.  If you do not agree to the Rules in their entirety, you are not permitted to enter the Promotion.

ELIGIBILITY:  The Promotion is open to legal residents of the United States, including the District of Columbia, who: (a) are eighteen (18) years of age or older (or the applicable age of majority, if greater than eighteen (18) years of age in their respective jurisdictions); and (b) can enter into legally binding contracts under applicable law.  This Promotion is void in Puerto Rico and all other locations and where otherwise prohibited by law.  Employees, officers and directors of Sponsor, their respective parents, subsidiaries and affiliated companies, and each of their legal representatives, advertising, promotional, fulfillment and marketing agencies, and their immediate families (and those living in their respective households), are not eligible to participate or claim a Prize (as defined below) in the Promotion.   

GENERAL TERMS:  All applicable laws, rules and regulations apply.  Participants wishing to obtain a copy of these Rules may request a printed copy of same by writing to: Digital Media Solutions Attn: Poll Question Sweepstakes, 4800 140th Avenue North, Suite 101, Clearwater, FL 33762.

LIMITED TIME ONLY:  For purposes of these Rules, the “Promotion Period” shall be the period beginning at 12:01:00 a.m. Eastern Standard Time (“EST”) on October 12, 2020 and ending at 11:59:00 p.m. EST on October 31, 2020.

HOW TO ENTER: 

(a) Facebook® Entry.  In order to enter the Promotion during the Promotion Period via Facebook®, you must log in to your Facebook® account, or create a new Facebook® account where you do not already have one, and then follow the instructions set forth below.  After you log in to your Facebook® account, you must access the Sponsor Facebook® account page, and submit an answer (“Answer”) to a Promotion-related poll question (“Poll Question”).  Upon submitting an Answer to the Poll Question on the Sponsor Facebook® account page, you will receive one (1) entry in the Promotion (each, a “Facebook® Entry”).    

(b)  LinkedIn® Entry.  In order to enter the Promotion during the Promotion Period via LinkedIn®, you must log in to your LinkedIn® account, or create a new LinkedIn® account where you do not already have one, and then follow the instructions set forth below.  After you log in to your LinkedIn® account, you must access the Sponsor LinkedIn® account page, and submit an Answer to a Promotion-related Poll Question.  Upon submitting an Answer to the Poll Question on the Sponsor LinkedIn® account page, you will receive one (1) entry in the Promotion (each, a “LinkedIn® Entry”).   

(c) Twitter® Entry.  In order to enter the Promotion during the Promotion Period via Twitter®, you must log in to your Twitter® account, or create a new Twitter® account where you do not already have one, and then follow the instructions set forth below.  After you log in to your Twitter® account, you must access the Sponsor Twitter® account page, and submit an Answer to a Promotion-related Poll Question.  Upon submitting an Answer to the Poll Question on the Sponsor Twitter® account page, you will receive one (1) entry in the Promotion (each, a “Twitter® Entry,” and together with the Facebook® Entries and LinkedIn® Entries, the “Social Media Entries”).       

(d) General Social Media Entry Terms.  All Social Media Entries must be recorded prior to the end of the Promotion Period to be considered valid Social Media Entries.  Limit: Each entrant may receive only one (1) Social Media Entry.  Multiple Answers submitted on the various Sponsor social media account pages, as applicable, are strictly prohibited.  Any Social Media Entry(ies) submitted by the same individual in excess of the aforementioned limit of one (1) entry will be discarded.  ENTRANTS ARE NOT PERMITTED TO OPEN ANY ADDITIONAL AND/OR SEPARATE SOCIAL MEDIA ACCOUNTS, OR OTHERWISE SUBMIT SOCIAL MEDIA ENTRIES UNDER ALIASES, IN ORDER TO OBTAIN ADDITIONAL SOCIAL MEDIA ENTRIES (“ALIAS ENTRIES”).  SPONSOR RESERVES THE RIGHT TO INVALIDATE ANY PROSPECTIVE SOCIAL MEDIA ENTRY WHERE SPONSOR DETERMINES, IN ITS SOLE AND ABSOLUTE DISCRETION, THAT THE PROSPECTIVE SOCIAL MEDIA ENTRY IS AN ALIAS ENTRY, WAS OBTAINED USING ANY FRAUDULENT OR DECEPTIVE METHOD, WAS OBTAINED IN BAD FAITH OR WAS OTHERWISE OBTAINED IN VIOLATION OF THESE RULES.

Facebook® is a registered trademark of Facebook, Inc. (“Facebook”).  LinkedIn® is a registered trademark of LinkedIn Corporation (“LinkedIn”).  Twitter® is a registered trademark of Twitter, Inc. (“Twitter”).  The Promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook, LinkedIn or Twitter.  By entering the Promotion, you agree to fully release and hold harmless Facebook, LinkedIn and Twitter, as further detailed in the “Limitation of Liability” and “Release” Sections below.

(e)  Alternative Means of Entry.  As an alternative means of entry in the Promotion, prospective entrants may submit mail-in entries in the form of a postcard (each, an “AMOE Entry Postcard”).  The information that you must provide on the AMOE Entry Postcard in order to submit an entry (each, an “AMOE Entry,” and together with the Social Media Entries, the “Entries”) includes your: (i) full name; (ii) e-mail address; (iii) whether the Entrant wants their AMOE Entry to be added to the Facebook® Entry database, LinkedIn® Entry Database or Twitter® Entry database; and/or (iv) any other information requested by us on the entry form (“AMOE Registration Data”).  Where an entrant submits a valid AMOE Entry Postcard during the Promotion Period, that entrant will be automatically receive either one (1) Facebook® Entry, one (1) LinkedIn® Entry and one (1) Twitter® Entry, depending on which social media website database was selected on the AMOE Entry Postcard.  All AMOE Entries must be postmarked prior to the end of the Promotion Period to be considered valid AMOE Entries.  Entrants must update their Registration Data, as necessary, to remain eligible to win a Prize. Entrants must mail their AMOE Entry Postcards to: Digital Media Solutions Attn: Poll Question Sweepstakes, 4800 140th Avenue North, Suite 101, Clearwater, FL 33762. Any improperly submitted AMOE Entry Postcards (i.e. any potential AMOE Entry Postcards having invalid or incomplete AMOE Registration Data) will be VOID.  Limit: Each entrant may receive only one (1) AMOE Entry in the Promotion, and any AMOE Entry(ies) submitted by the same individual in excess of that AMOE Entry limit will be discarded

(f)  General Entry Terms.  You may submit either one (1) Social Media Entry or one (1) AMOE Entry during the Promotion Period, but not both, or more than one (1) of either category during the Promotion Period.  Entries submitted by the same individual in excess of the aforementioned limit, either directly or by using numerous social media accounts, e-mail addresses, registrations, identities or other methods, will be voided.  Sponsor reserves the right to reject any Entry that it believes, in its sole discretion, is fraudulent, incomplete or otherwise invalid.  By entering the Promotion: (i) you agree to the Promotion winner selection and decisions of Sponsor, which are final and binding in all respects; and (ii) you consent to Sponsor collecting and storing your personal information which may include your AMOE Registration Data and/or social media account information (collectively, “Registration Data”). The Registration Data will be used solely for the purpose of contacting you in the event that you are a potential Prize winner. Digital Media Solutions use of your Registration Data is further governed by the Digital Media Solutions Privacy Policy, available here

NO PURCHASE NECESSARY TO ENTER OR WIN THE PROMOTION.  PURCHASING GOODS AND/OR SERVICES WILL NOT INCREASE YOUR ODDS OF QUALIFYING FOR A PRIZE.

SPONSOR IS NOT RESPONSIBLE FOR REGISTRATIONS, SOCIAL MEDIA ENTRIES, AMOE ENTRIES, CLAIMS OR NOTICES THAT ARE LOST, LATE, ILLEGIBLE, MISDIRECTED, DAMAGED, INCOMPLETE OR INCORRECT.  IF YOU FAIL TO SUBMIT AN ENTRY DURING THE PROMOTION PERIOD FOR ANY REASON INCLUDING, BUT NOT LIMITED TO, WHERE YOU CANNOT ACCESS FACEBOOK®, LINKEDIN® OR TWITTER®, YOU WILL NOT QUALIFY FOR A PRIZE.

SPONSOR IS NOT RESPONSIBLE FOR ENTRIES AND/OR ANSWERS THAT ARE LOST, LATE, ILLEGIBLE, MISDIRECTED, DAMAGED, INCOMPLETE OR INCORRECT.  IF YOU FAIL TO SUBMIT AN ANSWER PRIOR TO THE EXPIRATION OF THE PROMPTION PERIOD INCLUDING, WITHOUT LIMITATION, WHERE YOU CANNOT ACCESS THE SPONSOR SOCIAL MEDIA ACCOUNT PAGES FOR ANY REASON WHATSOEVER, YOU WILL NOT QUALIFY FOR A PRIZE.  

IDENTIFICATION OF ENTRANTS:  Entrants who submit AMOE Entries will be identified by their respective e-mail addresses, and Entrants who submit Social Media Entries will be identified by their respective e-mail addresses associated with applicable social media used to submit the subject Social Media Entries (collectively, “Entry E-mail Addresses”).

HOW TO WIN A PRIZE:  Within thirty (30) days of the end of the Promotion Period, Sponsor will randomly select: (a) one (1) entry from the database of Facebook® Entries; (b) one (1) entry from the database of LinkedIn® Entries; and (c) one (1) entry from the database of Twitter® Entries (“Winner Selection”).  If the same individual is selected multiple times, that individual will only be potentially eligible for one (1) Prize, and Sponsor will draw another Entry from the applicable database as a potential substitute Prize winner.  The potential Prize winners will be notified via their respective social media account and/or e-mail within ten (10) days after Winner Selection.  The potential Prize winners shall be subject to eligibility verification.  The potential Prize winners will be required to provide Prize Winner Data and execute a notarized Affidavit of Eligibility and Liability/Publicity Release (“Affidavit”) and return such Affidavit within one (1) day following attempted notification.  In addition, each potential Prize winner may be required to provide picture proof of identification, which may include a driver’s license, passport, voting card or similar government issued identification, and proof that she/he is the entrant that submitted the applicable winning Entry.    

All information of the applicable potential Prize winners must match the records maintained by Sponsor in order for the subject Prize to be awarded.  In the event of a dispute, the information maintained by Sponsor will govern.  Answers will be deemed submitted by the person under whose Entry E-mail Address the Answer was submitted, regardless of who actually submitted the Answer. 

PRIZE DESCRIPTION:  Each Prize winner shall each receive a Twenty-Five Dollar ($25.00) Amazon gift card/certificate (each, a “Prize”).  The approximate retail value (“ARV”) of each Prize is Twenty-Five Dollar ($25.00).  The Prize winners will not receive the difference between the actual Prize value and the ARV, if different.  The gift card/certificate made available in connection with the Prize may contain terms, conditions and restrictions as established by Digital Media Solutions in its sole discretion.

The Prizes are non-transferable, and no substitution will be made except as provided herein, in Sponsor’s sole discretion.  Sponsor reserves the right to substitute each Prize, or any portion thereof, for a substitute of equal or greater value for any reason.  Some restrictions may apply.

“Amazon” is a registered trademark of Amazon.  Please be advised that Sponsor is not in any way affiliated with Digital Media Solutions and the Promotion is neither endorsed, nor sponsored, by Digital Media Solutions .

TAX INFORMATION: Federal, state and local taxes, and all similar fees and assessments, are the responsibility of the Prize winners.  Sponsor reserves the right to withhold taxes from the winning Prizes, as appropriate. 

WINNERS LIST:  To receive a list of Prize winners, send a self addressed stamped envelope to: Digital Media Solutions Attn: Poll Question Sweepstakes, 4800 140th Avenue North, Suite 101, Clearwater, FL 33762.

NO SUBSTITUTION OF WINNERS:  No substitution or transfer of Prizes will be accommodated or permitted, other than as expressly set forth herein or in Sponsor’s sole discretion.

PUBLICATION: Acceptance of a Prize constitutes the applicable Prize winner’s permission for Sponsor to use the Prize 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, excluding residents of the State of Tennessee and where otherwise prohibited by law.

PRIVACY STATEMENT:  For a copy of the Privacy Policy, Click Here.  To the extent that the Privacy Policy is in conflict or inconsistent with these Rules as they pertain to the Promotion, these Rules shall take precedence.

RELEASE:  By entering the Promotion, each entrant agrees to release and hold harmless Sponsor, Facebook®, LinkedIn® and Twitter®, their legal representatives, affiliates, subsidiaries, parents, agencies and their respective members, officers, directors, employees and agents (collectively, “Released Parties”) from and against any and all liability for any injuries, loss or damage of any kind arising from, or in connection with, the Promotion including, but not limited to, liability arising from copyright infringement, personal injury, death, damages or monetary loss.  Restrictions, conditions and limitations apply.  By entering, each entrant further agrees that, in the event that there is any conflict or other inconsistency between the Rules and any advertisements, promotional or marketing materials, e-mails or announcements relevant to the Promotion, these Rules will govern.

CHOICE OF LAW/DISPUTE RESOLUTION:  These Rules shall be treated as though they were executed and performed in New York, NY and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles). 

The parties hereby agree to arbitrate all claims that may arise under and/or relate to the Promotion and/or these Rules.  Without limiting the foregoing, should a dispute arise between the parties including, without limitation, any matter concerning the Promotion, the Prizes, the terms and conditions of these Rules or the breach of same by any party hereto: (a) the parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association (“AAA”) in Miami, Florida in accordance with the then current Commercial Arbitration rules of the AAA; and (b) you agree to first commence a formal dispute proceeding by completing and submitting an Initial Dispute Notice which can be found here.  The Released Party(ies) named in your Initial Dispute Notice (collectively, the “Released Parties”) may choose to provide you with a final written settlement offer after receiving your Initial Dispute Notice (“Final Settlement Offer”).  If the applicable Released Party(ies) provide(s) you with a Final Settlement Offer and you do not accept it, or such Released Party(ies) cannot otherwise satisfactorily resolve your dispute and you wish to proceed, you must submit your dispute for resolution by arbitration before the AAA, in your county of residence, by filing a separate Demand for Arbitration, which is available here.  For claims of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions.  If the arbitrator awards you relief that is greater than the applicable Final Settlement Offer, then the Released Party(ies) will pay all filing, administration and arbitrator fees associated with the arbitration and, if you retained an attorney to represent you in connection with the arbitration, the Released Party(ies) will reimburse any reasonable attorneys’ fees that your attorney accrued for investigating, preparing and pursuing the claim in arbitration. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction.  Although the Released Party(ies) may have a right to an award of attorneys' fees and expenses if Released Party(ies) prevail(s) in arbitration, the Released Party(ies) will not seek such an award from you unless the arbitrator determines that your claim was frivolous.

To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against any of the Released Parties.  You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney's fees and court costs that any Released Party incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (i) does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (ii) is an independent agreement. You may opt-out of these dispute resolution provisions by providing written notice of your decision within thirty (30) days of the date that you first enter the Promotion.   

DISQUALIFICATION:  The Released Parties are not responsible for lost, interrupted or unavailable network server or other connections, miscommunications, failed telephone or computer transmissions or technical failure, lost Entries, jumbled, scrambled or misdirected transmissions, or other error of any kind, whether human, mechanical or electronic.  Persons found tampering with or abusing any aspect of the Promotion, as solely determined by Sponsor, will be disqualified.  If disqualified for any of the above reasons, Sponsor reserves the right to terminate entrant’s eligibility to participate in the Promotion.  In the event that any portion of the Promotion is compromised by virus, bugs, non-authorized human intervention or other causes beyond the control of Sponsor which, in the sole opinion of Sponsor, corrupts or impairs the administration, security, fairness or proper determination of the Promotion, Sponsor reserves the right, in its sole discretion, to suspend or terminate the Promotion or any part of the Promotion, or any combination of the above.  The Released Parties are not responsible for any problem with entries generated by computer hardware or software malfunction, error or failure, whatever the cause.  Potential Prize winners may be required to provide Sponsor with proof that the potential winner is the authorized account holder of the Entry E-mail Address associated with the Entry E-mail Address account used to submit the potential winning Answers.

INDEMNIFICATION:  You agree to release, indemnify and hold the Released Parties harmless from and against any and all claims, expenses (including reasonable attorneys' fees, costs and settlement costs), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your improper and/or unauthorized participation in the Promotion; (b) your breach of these Rules; and/or (c) your violation of any rights of another individual and/or entity.  The provisions of this paragraph are for the benefit of the Released Parties.  Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.

LEGAL WARNING:  Any attempt by any individual, whether or not a entrant, to tamper with or otherwise interfere with the operation of the Promotion, is a violation of criminal and civil law and Sponsor will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.

SEVERABILITY:  Should any part of these Rules be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect.

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