tERMS AND cONDITIONS

gUESS THE sPREE pOINTS sWEEPSTAKES

Check Out X.Com/Spreefinance to Enter and win various Prizes!

“Guess the Spree Points” SWEEPSTAKES OFFICIAL RULES

THERE IS NO PURCHASE OR PAYMENT NECESSARY TO ENTER.A PURCHASE WILL NOT INCREASE YOUR ODDS OF WINNING.VOID WHERE PROHIBITED OR WHERE SPONSOR IS UNABLE TO OBTAIN REGULATORY APPROVALS OR DETERMINES THAT PARTICIPANT IS INELIGIBLE.VOID IN COUNTRIES SANCTIONED BY THE UNITED STATES DEPARTMENT OF STATE, THE UNITED STATES DEPARTMENT OF TREASURY, OR THE UNITED STATES DEPARTMENT OF COMMERCE.

1.     Sponsor. These are the Official Rules (as defined below) of “Guess the Spree Points” Sweepstakes (“Sweepstakes”). The Sponsor of the Sweepstakes is Engaged Labs, Inc. (“Engaged Labs” or “Spree” or “Sponsor”). Sponsor’s mailing address is located at  30 N Gould St., Sheridan, WY 82801. 

2.     Sweepstakes Entry Periods. The Sweepstakes begins at the time of a “Guess the Spree Point” entry post from the “@Spree.Finance” user account on X.com and remains open for a period of twenty-four hours (“Sweepstakes Period”). All entries must be submitted during the Sweepstakes Period to be eligible. At closing of the twenty-four hour period, no other entries will be admitted to the sweepstakes pool. Please note, these Sweepstakes entry periods are limited to the current “Guess the Spree Point” post, any attempt at entering the sweepstakes by engaging in activity with past “Guess the Spree Point” posts will not qualify for entry into the current Sweepstakes period. This Sweepstakes is subject to these official rules (“Official Rules”).  

3.     Eligibility. 
a.  Major restrictions may apply to the use, availability, or receipt of the Prize(s) (as defined below). This Sweepstakes is open to participants who:
(i) submitted a valid Entry (as defined below),
(ii) are at least eighteen (18) years of age at the time of Entry, and
(iii) hold a valid driver’s license or passport from the participant’s country of origin.

THIS SWEEPSTAKES IS VOID WHERE PROHIBITED OR WHERE SPONSOR IS UNABLE TO OBTAIN REGULATORY APPROVALS OR DETERMINES THAT PARTICIPANT IS INELIGIBLE. THIS SWEEPSTAKES IS VOID IN COUNTRIES SANCTIONED BY THE UNITED STATES DEPARTMENT OF STATE, THE UNITED STATES DEPARTMENT OF TREASURY, OR THE UNITED STATES DEPARTMENT OF COMMERCE. 

b. Owners, officers, directors, managers, members, shareholders, partners and/or employees of the Sponsor, members of their household, and their immediate family members are not eligible to participate in the Sweepstakes. A member is in the same household if such member shares the same residence for at least three (3) consecutive months in a year leading up to the start of the Sweepstakes. An “immediate family member” means spouse, domestic partner, parent, grandparent, child, or sibling. In-laws are not considered to be immediate family members. 

c.  The Sponsor, in its sole discretion, may require any participant and/or Winner (as defined below) to complete and sign a notarized affidavit attesting to facts relating to that person’s identity and eligibility to participate in the Sweepstakes and/or receive the Prize(s). If a participant or Winner fails to comply with this requirement within forty-eight (48) hours of having been asked by Sponsor, Sponsor may, in its sole discretion,
(i) invalidate some or all of the participant’s Entries in the Sweepstakes, and/or
(ii) rescind the Prize and re-draw a new and different Winner for that Prize from the then-existing pool of valid entries.  

4.     How To Enter. 
a.  Visit x.com/spreefinance and comment on the current, see Sweepstakes entry periods for details, “Guess the Spree Points” post with your guess as to how many Spree Points a user would earn if they purchased the inventory highlighted in the copy of the post. Please note that you are allowed only one entry per username, per “Guess the Spree Points” post.   

b. A participant enters the Sweepstakes by posting a comment on the current “Guess the Spree Points” post. To be considered a fully valid entry and comment the user’s comment on the current “Guess the Spree Points” post must include:                                               
i. A whole number                                             
ii. No reference(s) to other rewards points, digital rewards currencies, cryptocurrencies or fiat currencies.    
iii.   No reference(s) to any protected Intellectual Property of any kind, with the sole exception of “Spree Points” themselves..  

c.  All Entries must be received on or before the expiration of the Sweepstakes Period. Each participant is limited to creating one entry. If it is discovered that a participant has created more than one entry, all of the participant’s Entries will be disqualified. 

5.     Consumer Disclosure: Prize, Prize Value, Odds of Winning, and Disclaimer. 
a.  Prize(s) and Prize Value: All Prize(s) are provided by Engaged Labs, Inc. on behalf of Spree Finance. Every week, there are no more than 2 prizes (“Prize” or “Prizes”) awarded to the Sweepstakes entrants. There are two types of prizes available to entrants: a weekly gift card prize to a major global retailer and a biweekly award of a gold membership to online travel agency bookit.com. During weeks where the Gold annual membership is awarded, the gift card will also be awarded. 
i). Verifiable Retail Value of Weekly Prize: Fifty US Dollars, $50.00* in a gift card to a major retailer.
ii). Verifiable Retail Value of Bi-weekly Prize: Ninety-Nine US Dollars, $99.00 for a gold annual membership to online travel agency Bookit.com.

b. Odds of Winning: The element of chance is involved. The odds of receiving a Prize are dependent on the number of valid Entries received by the Sponsor during the Sweepstakes Period. There is only one entrant per user name per sweepstakes period. A single entry can be valid to win both prizes during weeks where both prizes are being given away. 

c.  Disclaimer and No Warranties: A Winner (as defined below) shall not assign or transfer the Prize to another person.  Sponsor reserves the right to substitute any Prize, or variations of any part of a Prize of approximately equivalent value in its sole discretion. All Prize(s) are provided “AS IS.” Sponsor makes 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. Any and all warranties for a Prize, or any portion thereof, are contained in the manufacturers’ or service providers’ warranties, as relevant. 

6.     Winner Selection and Notice to Winner. The Sponsor will conduct random drawings on or around 12:00 p.m. PST on the following day to the Sweepstakes post (the “Drawing Date”). Each drawing will be made from a pool of all eligible Entries received by the Sponsor during the current Sweepstakes Period. The Sponsor or its designees shall contact each participant whose Entry has been selected for a Prize (“Winner” or “Winners”) by 12:00 PM PST, no more than five business days after the end of the current Sweepstakes period or before the launch of a new Sweepstakes period (the “Notification Period”)** by direct messaging the user’s X.com account that was used for the winning entry. If the Winner cannot be timely contacted by the Sponsor on or before the expiration of the Notification Period through no fault of the Sponsor, is deemed ineligible, or cannot be identified, the Winner’s Prize will be forfeited. The Sponsor shall subsequently conduct random drawings immediately following the forfeit to select alternative, new Winners from all valid remaining Entries received during the Entry Period. The Sponsor will or its designees shall contact these alternative, new Winners no later than the launch of a new Sweepstakes Period(the “Second Notification Period”)*** by direct messaging the user’s X.com account that was used for the winning entry. 

7.     Claiming a Prize. The Sponsor shall mail, email, or direct message the Prize(s) to a Winner(s) to the email, mailing address, or X.com account,  as provided by the Winner upon acceptance of the award within ten (10) days after the Winner has been notified and satisfied all requirements of these Official Rules, including those related to substantiating the Winner’s identity and eligibility. The Prize will be forfeited if:
(i) the Prize is returned as undeliverable or
(ii) the participant entered false or misleading information during Sweepstakes period entry.
There are no shipping or handling fees associated with any Prize. Each Winner is solely and fully responsible for any and all applicable federal, state, city and local taxes (including income and withholding taxes) on the value of the Prize.

8.     Ownership and License. All Sweepstakes related materials, including Entries, shall become the property of the Sponsor and will not be acknowledged or returned. Entry into this Sweepstakes constitutes participant’s permission and consent, without further compensation or attribution, to use, reproduce, print, publish, transmit, distribute, sell, perform, adapt, enhance, or display such Entries for any purpose, including, but not limited to, editorial, advertising, trade, commercial, and publicity purposes by the Sponsor and/or others authorized by the Sponsor, in any and all media now in existence or hereafter invented. Sponsor and/or others authorized by the Sponsor shall have the right to edit, adapt, and modify the Entries. Any use of any of the Sponsor’s trademarks or copyright interest is strictly prohibited and may subject participant to civil and/or criminal liability. 

9.     Publicity Grant.
**** Except where prohibited by law, each Winner shall sign a consent form provided by the Sponsor, consenting to Sponsor’s right to use and feature his/her X.com user name,  first name, last initial, and location, for advertising, promotional and/or publicity purposes and in all forms of media now known or hereafter invented or discovered (including, without limitation, on the Sponsor’s web sites), without further compensation, notice, review or approval except of the awarding of the Prize to the Winner.

10.  Use Of Personal Information. 
a.      By providing your contact information to Sponsor, you agree to receive periodic updates from Sponsor related to any other of Sponsor’s products, services, or both. In addition, by visiting Sponsor’s website, Account, or both, you consent to Sponsor’s Terms of Use. 

b.     Except as outlined paragraph 11(a) above, personal information submitted to Sponsor in connection with the Sweepstakes will only be used to contact participant in order to:
(i) notify the Winner and
(ii) communicate general news or issues pertaining to the Sweepstakes.
Participant’s personal information submitted to Sponsor shall be periodically purged after the end of the Sweepstakes and the fulfillment of Prizes unless required to maintain by law. 

c.      Sponsor will not disclose, give, sell, or transfer any personal information about the participant, unless required for law enforcement purposes or by statute. 

11.  Release, Limitation of Liability and Indemnification.
 
a.      By participating in the Sweepstakes, the participant agrees to release and hold harmless the Sponsor, and each of its respective parents, subsidiaries, affiliates, advertising and promotion agencies, other companies associated with the Sweepstakes, and each of their respective officers, directors, employees, shareholders, representatives, and agents (the “Released Parties”) from and against any claim, liability, or cause of action arising out of participation in the Sweepstakes or receipt or use of the Prize (including any travel or activity related thereto), including, but not limited to:
i. any technical errors associated with the Sweepstakes, including lost, interrupted or unavailable Internet Service Provider (ISP), network, server, wireless service provider, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone, cellular tower or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties;
ii. unauthorized human intervention in the Sweepstakes;
iii. mechanical, network, electronic, computer, human, printing or typographical errors;
iv. any other errors or problems in connection with the Sweepstakes, including, without limitation, errors that may occur in the administration of the Sweepstakes, the announcement of the Winners, the cancellation or postponement of the event, if applicable, the processing of Entries or any Sweepstakes-related materials;
v. bodily injury, death, losses or damages of any kind, to persons or property which may be caused, directly or indirectly, in whole or in part, from participant’s participation in the Sweepstakes or acceptance, receipt or misuse of the Prize (including any travel or activity related thereto, if any); and
vi. any violation by participant of these Official Rules or any laws. 

b.     Participant further agrees that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Sweepstakes, and in no event shall the participant be entitled to receive attorney's fees.  Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by participants or site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Sweepstakes.  Released Parties are also not responsible or liable for any late, lost, damaged, misdirected, incomplete, or illegible Entries. Participant waives the right to claim any damages whatsoever, including, but not limited to, punitive, incidental, consequential, special, direct or indirect damages. 

c.      Each participant is solely responsible for the correct submission of their entry. Sponsor will not assume any responsibility for lost, misdirected, illegible, or unintelligible Entries. 

d.     Sponsor assumes no responsibility for any circumstances that may limit a participant’s ability to participate in the Sweepstakes or otherwise affect the administration, security, impartiality, or normal course of the Sweepstakes, including but not limited to technical problems with their websites, any computer virus or bug. 

e.  Sponsor may extend the Sweepstake Period at its discretion. Any extension of the Sweepstakes Period will be announced on the Sponsor’s website. 

12.  Governing Law. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of participants and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law, rules or provisions (whether of the State of New York or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of New York. 

13.  Dispute Resolution. The parties each agree to finally settle all disputes only through arbitration; provided, however, the Sponsor shall be entitled to seek injunctive or equitable relief in the state and federal courts in New York County, New York 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 New York, New York. 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 New York County, New York. Each party shall equally split the administrative and arbitrator’s fees in order to conduct the arbitration. 

14.  Facebook/Instagram/Meta Disclosure. Although this Sweepstakes may be advertised on the Facebook or Instagram pages of the Sponsor or another, this Sweepstakes is in no way sponsored, endorsed, or administered by, or associated with, Facebook, Instagram, or Meta. Participants are providing their information to the Sponsor, not to Facebook, Instagram, or Meta. The information a participant provides will only be used by the Sponsor in accordance with these Official Rules. By entering, participants provide a complete release of Facebook and Meta from any and all responsibilities implied or provided by the Sponsor. 

15.  X.com Disclosure. Although this Sweepstakes may be advertised and/or administered through the X.com accounts of the Sponsor or another, this Sweepstakes is in no way sponsored, endorsed, or administered by, or associated with, X.com. Participants are providing their information to the Sponsor, not to X.com. The information an entrant provides will only be used by the Sponsor in accordance with these Official Rules. By entering, participants provide a complete release of X.com from any and all responsibilities implied or provided by the Sponsor. 

16.  Miscellaneous. 
a.  By entering, participants unconditionally agree to be bound by these Official Rules and the decisions of the Sponsor, which shall be final. The Sponsor reserves the right to disqualify any participant or Winner who, in its sole suspicion, tampers with the entry process, violates these Official Rules, or acts in an unsportsmanlike or disruptive manner. 
b. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. 
c.  Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes-related materials, privacy policy or terms of use on the website and/or the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control and the discrepancy will be resolved in Sponsor’s sole and absolute discretion. 
d. Sponsor’s failure to enforce any terms of these Official Rules does not constitute a waiver. 

17.  List of Winner(s). For a list of the names of the Winners, send a self-addressed envelope request to Engaged Labs, Inc. at 30 N Gould St, Sheridan, WY, 82801.. The names will be available for two (2) years after the close of the Sweepstakes Period. 

18.  Contact. Any inquiries or questions regarding this Sweepstakes shall be sent to Corp@engagedlabs.com.

Footnotes:
*New York: If the Prize or Prizes is valued over $5,000, the Sponsor needs to register the Sweepstakes with the state of New York at least 30 days before it starts and shall submit a complete list of Winners to the New York Department of State within 90 days after the Sweepstakes ends.
Florida: If the Prize or Prizes is worth over $5,000, the Sponsor shall file with the Florida Department of Agriculture and Consumer Services (FDACS) 7 days prior to the start of the Sweepstakes. Sponsor shall provide FDACS a list of all winners within 60 days after such winners have been determined.
Rhode Island: If the Prize or Prizes is worth over $500, Sponsor must register with the Rhode Island Department of State.

**Sponsor shall contact the winners as soon as possible after the Drawing Date but shall not be more than 15 days after the Drawing Date.

***Sponsor shall contact the winners as soon as possible after the Drawing Date but shall not be more than 15 days after the Drawing Date.

****Some states, like California, require the Sponsor obtain express written of the Winners prior to using their names for promotional purposes. Tennessee law prohibits a Sponsor from requiring a participant to sign a publicity release as a condition of receiving a prize; the winner must give consent and cannot be compelled to provide a release.




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