Fooji – Fox Nation Patriot Awards 2021 Sweepstakes

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FOX NATION – PATRIOT AWARDS 2021 SWEEPSTAKES
OFFICIAL RULES
NO PURCHASE IS NECESSARY TO PARTICIPATE OR WIN. A PURCHASE WILL NOT
IMPROVE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.
TO BE ELIGIBLE TO PARTICIPATE AND WIN A PRIZE (AS THAT TERM IS DEFINED
BELOW), YOU MUST LIVE IN THE UNITED STATES OF AMERICA AND MUST SATISFY THE
OTHER ELIGIBILITY REQUIREMENTS SET FORTH BELOW.
BY PARTICIPATING IN THIS SWEEPSTAKES, YOU AGREE TO THESE OFFICIAL RULES,
WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE PARTICIPATING.
WITHOUT LIMITATION, THIS CONTRACT PROVIDES FOR INDEMNIFICATION OF THE
SPONSOR AND OTHER SWEEPSTAKES ENTITIES BY YOU, A CLASS ACTION AND JURY
TRIAL WAIVER, A REQUIREMENT THAT MOST DISPUTES BE SETTLED BY MANDATORY
BINDING ARBITRATION, AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
1) Sweepstakes Entry Period: The FOX NATION – PATRIOT AWARDS 2021 Sweepstakes (the
“Sweepstakes”) begins at 5am Central Time (“CT”) on October 15, 2021 and ends at 11:59pm
CT on October 31, 2021 (the “Sweepstakes Entry Period”).
2) Eligibility: To be eligible to receive a Prize, Participants must, at the time of entry, meet all of
the following requirements: (i) be legal residents of the fifty (50) United States or the District of
Columbia (“Territory”); and (ii) be 18 years of age or older and the age of majority in the entrant’s
jurisdiction as of the date and time of participation (each, a “Participant(s)”). Employees, officers,
directors and agents of Fox News Network, LLC (“Fox News”), Fooji, Inc. (“Fooji,” “Sponsor” or
“Administrator”), any other company involved in the presentation, administration or fulfillment of
the Sweepstakes, and their respective subsidiaries, affiliated companies, and divisions
(collectively, the “Sweepstakes Entities”) and each of their immediate family members (defined
as any spouse, partner, parent, legal guardian, sibling, child, legal ward, grandparent, or
grandchild, regardless of where they reside) and/or those living in the same household of any
such person (whether or not related) are not eligible for the Sweepstakes. Void outside the
Territory and in Puerto Rico and where prohibited or restricted by law.
3) Sponsor: The Sponsor and Administrator of the Sweepstakes is Fooji, Inc. located at 257 E.
Short St. Suite 200, Lexington, KY 40507.
4) How To Participate in the Sweepstakes: After the start of the Sweepstakes, during the
Sweepstakes Entry Period, to participate, you must fully complete the registration form by
providing your name, physical address, email address, and phone number and submit to Fooji a
completed registration form for its receipt (the foregoing steps are collectively referred to as, a
“Participation Action”). During the Sweepstakes Entry Period, the registration form may be
accessed by visiting http://www.patriotawards2021.com/. Purported Participation Actions that are
incorrect or incomplete, received outside the Sweepstakes Entry Period or that contain obscene,
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offensive, or any other language communicating messages inconsistent with the positive images
with which Sponsor wishes to associate itself (all as determined by Sponsor in its sole discretion)
will be void and disqualified. Sponsor is not responsible for misspellings, typographical errors, or
other issues that may affect the ability to locate or record a purported Participation Action. Normal
Internet access and phone/usage charges imposed by your online/phone service may apply. Each
Participation Action and registration form entry (if applicable) must be manually key stroked and
manually entered by the individual Participant; automated and/or repetitive submission of
Participation Actions or registration forms (including but not limited to entries made using any
script, macro, bot or sweepstakes service) will be disqualified.
NOTE ABOUT MOBILE DATA AND MESSAGING CHARGES: When you participate in the
Sweepstakes via a mobile device and/or download or transmit data via your mobile device, data
and messaging rates may apply according to the terms and conditions of your service agreement
with your wireless carrier. Other charges may apply (such as normal airtime and carrier charges)
and may appear on your mobile phone bill or be deducted from your prepaid account balance.
Wireless carriers’ rate plans may vary, and you should contact your wireless carrier for more
information on rate plans and charges relating to your participation in this Sweepstakes. Check
your mobile device’s capabilities for specific instructions.
5) Prizes: One (1) prize is available (the “Prize”). All federal, state and local taxes and all other
expenses not expressly listed in these Official Rules are the sole responsibility of the winners.
Prizes are non-transferable and may not be substituted or redeemed for cash by winners. No
more than the stated number of Prizes may be awarded. Gift cards are subject to their own terms
and conditions. Sponsor reserves the right to substitute any Prize for one of comparable or greater
value. Prize type(s) and components will be selected by Sponsor or its representatives in its/their
sole discretion. Actual retail value of the Prize may vary, including variations based on the
Participants’ location. All expenses and costs not expressly listed in these Official Rules are the
sole responsibility of the Verified Prize winner. Verified Prize winner will be responsible for all
other expenses relating to the receipt and use of the Prize. All travel-related and other expenses
not set forth herein, including but not limited to meals, ground and other transportation, parking,
gratuities and incidental hotel expenses, are the sole responsibility of Verified Prize winner. Total
ARV of all Prizes available in this Sweepstakes: $6,000.00.
Prize ARV of the
Prize
Number of
Prizes
Available in the
United States of
America
Trip for 2 to the Patriot Awards presented by Fox Nation
(the Prize consists of the following: Roundtrip coach airfare
for winner and his/her guest within the United States to
Hollywood, Florida from/to closest major U.S. airport to the
$6,000.00 1
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winner’s residence; two (2) nights accommodation, twin
share, at the Hard Rock Guitar Hotel in Hollywood, Florida;
two (2) VIP tickets to the Fox Nation Patriot Awards; and
one (1) Amex gift card valued at $1,000 (the “Prize”)
6) Winner Selection: Odds of winning a Prize in this Sweepstakes depends on the number of
Participants. Fooji will be the official time keeping device for the Sweepstakes and all decisions
by the Administrator regarding the timing of entries and the order in which they are received will
be final and binding. Subject to compliance with these Official Rules, on or about November 1,
2021, Administrator will select one (1) potential Prize winner in a random drawing from all eligible
and verified Participants who performed a qualifying Participation Action during the Sweepstakes
Entry Period by completing and submitting the required online form.
If you are chosen as a potential Prize winner you will receive a winning notification from the
Administrator via email indicating that you are a potential prize winner. You will be required to
respond to the notification within forty-eight (48) hours by completing, signing, and returning an
affidavit of eligibility and liability and, unless prohibited by law, publicity release to Sponsor or
Sponsor’s representative. Subject to verification of eligibility and compliance with the terms of
these Official Rules, including, without limitation, verification that the winner is eighteen (18) years
of age or older, the potential winner will be declared an official winner of the Sweepstakes. If
Sponsor cannot verify that the potential winner is eighteen (18) years of age or older prior to
winner notification, then the potential winner will be disqualified and an alternate potential winner
will be randomly selected (time and conditions permitting). If a potential winner does not respond
to the notification within the forty-eight (48) hour time period, prize will be forfeited, and an
alternate potential winner will be randomly selected (time and conditions permitting). Any alternate
potential winner selected will also be required to respond to the notification within the time frame
stated above. Potential winner’s one (1) guest will be required to complete, sign and return an
affidavit of eligibility and liability and, unless prohibited by law, publicity release to Sponsor or
Sponsor’s representative within three (3) day of winner’s prize acceptance. Winner’s one (1)
guest will be required to complete, sign and return a “Release of Liability, Voluntary Assumption
of Risk and Indemnity Agreement” within three (3) day of winner’s prize acceptance.
Airports are chosen by Sponsor in its sole discretion. Seats on any desired flight are not
guaranteed. Verified Prize winner and his/her guest must commence and complete the trip by the
dates specified by Sponsor (exclusions/blackout dates may apply). Verified Prize winner and
his/her guest must travel on the same itinerary. If verified Prize winner is unable to travel on the
dates booked and/or provided by Sponsor, then the Prize will be forfeited and verified Prize winner
will not receive any additional prize. All travel-related and other expenses not set forth herein,
including but not limited to meals, ground and other transportation, parking, gratuities and
incidental hotel expenses, are verified Prize winner’s sole responsibility. Verified Prize winner is
responsible for all transportation, tax, license, title fees and insurance for transportation and other
related, applicable expenses. Both potential Prize winner and his/her potential guest must be 18
years or older. Winner and his/her guest are responsible for obtaining all required travel
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documents, and compliance with any health restrictions. Winner his/her guest must have valid
government-issued photo identification at the time of travel. Sponsor may run a background check
on verified Prize winner and his/her guest. Sponsor may, in its sole discretion, disqualify Prize
winner or his/her potential guest based on the results of such background check. While engaging
in any Prize-related activities, verified Prize winner and his/her guest must follow all applicable
government recommendations and guidelines with respect to Coronavirus/COVID-19. In the
event the Prize winner and/or his or her travel companion/s engages in behavior that, as
determined by Sponsor in its sole discretion, is obnoxious or threatening, illegal or that is intended
to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to terminate the
trip or other applicable experience early, in whole or in part, and send the Prize winner and/or his
or her travel companion/s home with no further compensation.
Participants selected as winners are limited to one (1) Prize per person, per delivery address
during the Sweepstakes Entry Period. Unless the Sponsor elects to provide the cash equivalent
of the Prize in lieu of the Prize described herein as determined by Sponsor in its sole discretion,
no substitution of any Prize is offered, no transfer of Prize to a third party is permitted, and non-
cash Prize(s) may not be redeemed for cash value. Verified Prize winner(s) will be solely
responsible for all applicable federal, state and local taxes on Prize(s) and may receive an IRS
Form 1099 for the retail value of the Prize. If requested, Verified Prize winner(s) must provide
Sponsor with a valid social security number for tax reporting purposes. All expenses associated
with the receipt and use of a Prize not specifically mentioned herein are solely the responsibility
of the winners. Sponsor is not responsible for any delay or cancellation of the Prize delivery due
to unforeseen circumstances, or those outside of Sponsor’s control. If the fulfilling merchant
cancels the order for reasons out of Sponsor’s control, the Prize will not be delivered, and no
additional compensation will be provided. If any required documents are not timely received by
Sponsor and/or Administrator, as applicable, or if any message or mail intended for a winner is
returned as undeliverable, then the applicable Prize may be forfeited and go unawarded.
7) General Rules / Limitations of Liability: By participating in the Sweepstakes, Participants
agree to be bound by these Official Rules and the decisions of the Sponsor which shall be final
in all respects. Participation in the Sweepstakes constitutes permission for the Sponsor and its
designees to use the Participant’s name, likeness, voice, biographical information, prize
information, quotes attributable to Participant, and any other elements of Participant’s persona for
purposes of advertising and trade in any and all media now known or otherwise developed without
further compensation or review, including a Participant list to be used by Fooji and its partners to
re-target participants via email or the Fooji app, unless prohibited by law. By engaging in
Participation Actions, Participants authorize Fooji or their Fulfillment Partners to send text
messages or phone calls notifying Participants of delivery details for their Prize. Participants agree
that Fooji or the Fulfillment Partner may send the notice to the telephone number the Participant
provides during the registration process, and Participants understand notifications will be sent
using automatic dialing technology. Participants understand that they are not required to agree to
receive such messages as a condition of participation. Fox News is not responsible for the
administration of the Sweepstakes or the selection of or communications with winners. In the
event there is a discrepancy or inconsistency between disclosures or other statements (in any
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and all media) contained in any Sweepstakes materials and the terms and conditions of the
Official Rules, the Official Rules shall prevail, govern and control. Sponsor and the other
Sweepstakes Entities assume no responsibility or liability for (a) any incorrect or inaccurate entry
information, or for any faulty, failed, garbled or jumbled electronic data transmissions; (b) any
unauthorized access to, or theft, destruction or alteration of entries at any point in the operation
of this Sweepstakes; (c) any technical malfunction, failure, error, omission, interruption, deletion,
defect, delay in operation or communications line failure, regardless of cause, with regard to any
equipment, systems, networks, lines, satellites, servers, computers, software or providers utilized
in any aspect of the operation of the Sweepstakes; (d) inaccessibility or unavailability of the
Internet or any combination thereof, or; (e) any injury or damage to Participant’s or to any other
person’s computer which may be related to or resulting from any attempt to participate in the
Sweepstakes. The Sponsor and other Sweepstakes Entities are not responsible for the failure of
any order to be received for any reason or for any delay in the processing or failure to process
any order or entries. The Sponsor reserves the right at its sole discretion to disqualify any
individual that tampers or attempts to tamper with the order process or the operation of the
Sweepstakes; violates the Official Rules; is suspected of cheating, fraud, or acting in an
unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other
person. Any Participant who uses or is suspected of using cheating, fraudulent means,
unauthorized ordering methods, or otherwise attempts to participate multiple times, or with
multiple identities, and/or addresses will be disqualified. Any attempt by any person to undermine
the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and,
should such an attempt be made, the Sponsor reserves the right to seek damages from any such
person to the fullest extent permitted by law. The Sponsor’s failure to enforce any term of these
Official Rules shall not constitute a waiver of that or any other provision. If, for any reason, the
Sweepstakes is not capable of running as planned, including infection by computer virus, bugs,
tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the
control of the Sponsor which corrupt or affect the administration, security, fairness, integrity or
proper conduct of the Sweepstakes, then the Sponsor reserves the right in its sole discretion to
cancel, modify, suspend or terminate the Sweepstakes in whole or in part. In the event Sponsor
experiences a technical failure during admission of the Sweepstakes that causes the
Sweepstakes to be suspended, Sponsor shall select a winner(s) by random drawing from all valid
entries received up to the point of the technical failure. TO THE FULLEST EXTENT PERMITTED
BY LAW, AS A CONDITION OF ENTRY INTO THE SWEEPSTAKES, ALL PARTICIPANTS
AGREE TO RELEASE, INDEMNIFY AND HOLD HARMLESS THE SPONSOR AND OTHER
SWEEPSTAKES ENTITIES FROM AND AGAINST ANY AND ALL LIABILITY, CLAIMS OR
ACTIONS OF ANY KIND WHATSOEVER FOR INJURIES, DAMAGES, OR LOSSES TO
PERSONS OR PROPERTY WHICH MAY BE SUSTAINED IN CONNECTION WITH:
PARTICIPATING IN ANY ASPECT OF THE SWEEPSTAKES; THE RECEIPT, OWNERSHIP
OR USE OF ANY PRIZE AWARDED; PREPARING FOR, PARTICIPATING IN OR TRAVELING
TO AND/OR FROM ANY PRIZE- RELATED OR SWEEPSTAKES-RELATED ACTIVITY, OR;
ANY TYPOGRAPHICAL OR OTHER ERROR IN THESE OFFICIAL RULES OR ANY CTA
POSTS OR OTHER ANNOUNCEMENTS RELATING TO THE SWEEPSTAKES. THE
WINNERS SHALL BEAR ALL RISK OF LOSS OR DAMAGE TO THEIR PRIZE AFTER THEY
HAVE BEEN DELIVERED. SPONSOR AND THE OTHER SWEEPSTAKES ENTITIES MAKE
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NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE
APPEARANCE, SAFETY OR PERFORMANCE OF ANY PRIZE(S).
BY ENTERING THE SWEEPSTAKES, PARTICIPANT AGREES THAT, TO THE FULLEST
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(S) AWARDED WILL BE LIMITED TO ACTUAL, OUT-OF-POCKET COSTS
INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL
ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; AND (2) UNDER NO
CIRCUMSTANCES WILL ANY PARTICIPANT BE PERMITTED TO OBTAIN ANY AWARD FOR,
AND PARTICIPANT 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 TEN DOLLARS ($10.00)) AND/OR ANY RIGHTS TO HAVE DAMAGES
MULTIPLIED OR OTHERWISE INCREASED. SOME JURISDICTIONS DO NOT ALLOW THE
FOREGOING LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT
APPLY TO YOU.
Without limiting any other provision in these Official Rules, the Sweepstakes Entities are not
responsible or liable to any Participant or winner (or any person claiming through such Participant
or winner) for failure to supply the prize or any part thereof in the event that any of the
Sweepstakes activities or Sweepstakes Entities’ operations or activities are affected by any cause
or event beyond the sole and reasonable control of the applicable Sweepstakes Entity (as
determined by Sponsor in its sole discretion), including, without limitation, by reason of any acts
of God, equipment failure, threatened or actual terrorist acts, air raid, act of public enemy, war
(declared or undeclared), civil disturbance, insurrection, riot, epidemic, pandemic, fire, explosion,
earthquake, flood, hurricane, unusually severe weather, blackout, embargo, labor dispute or strike
(whether legal or illegal), labor or material shortage, transportation interruption of any kind, work
slow-down, any law, rule, regulation, action, order, or request adopted, taken, or made by any
governmental or quasi-governmental entity (whether or not such governmental act proves to be
invalid), or any other cause, whether or not specifically mentioned above.
EACH PARTICIPANT UNDERSTANDS AND AGREES THAT ALL RIGHTS UNDER SECTION
1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OR
TERRITORY OF THE UNITED STATES ARE HEREBY EXPRESSLY WAIVED BY HIM/HER
AGAINST THE SWEEPSTAKES ENTITIES. SECTION 1542 READS AS FOLLOWS:
“CERTAIN CLAIMS NOT AFFECTED BY A GENERAL RELEASE. A GENERAL RELEASE
DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT
KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE
RELEASE, AND THAT IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED
HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASING PARTY.”
8) Privacy Policy: By entering the Sweepstakes, Participants agree that any personal information
submitted by Participants may be shared between Sponsor and Fox News, and Fooji’s use of
such information will be subject to Fooji’s privacy policy posted at https://www.fooji.com/privacy/
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and Fox News’s use of such information will be subject to Fox News Network, LLC’s Privacy
Policy posted at https://nation.foxnews.com/article/privacy-policy-5bb2b1c05245a00019050118/.
9) Governing Law / Disputes/ Arbitration: Except where prohibited by law, as a condition of
participating in this Sweepstakes, each Participant agrees that (1) any and all disputes and
causes of action arising out of or connected with these Sweepstakes, including but not limited to
Prize awarded, shall be resolved individually, without resort to any form of class action, and
exclusively by final and binding arbitration under the rules of JAMS and held at the JAMS regional
office nearest the Participant; (2) the Federal Arbitration Act shall govern the interpretation,
enforcement and all proceedings at such arbitration; and (3) judgment upon such arbitration
award may be entered in any court having jurisdiction. Under no circumstances will any
Participant be permitted to obtain awards for, and Participant hereby waives all rights to claim,
punitive, incidental or consequential damages, or any other damages, including attorneys’ fees,
other than Participant’s actual out-of-pocket expenses (i.e., costs associated with participating in
this Sweepstakes), and Participant further waives all rights to have damages multiplied or
increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT
APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and
enforceability of these Official Rules, or the rights and obligations of the Participant 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
(whether of the State of New York or any other jurisdiction), which would cause the application of
the laws of any jurisdiction other than the State of New York.
10) Severability: If any term of provision of these Official Rules is found under the law to be
invalid or unenforceable, then such specific term or provision shall be of no force and effect and
shall be severed and the remainder of these Official Rules shall continue in full force and effect.
11) Winners List: For any legally-required winners’ list, no later than 60 days after the close of
the Sweepstakes, send an email request with the name of the Sweepstakes to hello@fooji.com
or mail your request together with a self-addressed stamped envelope to FOX NATION –
PATRIOT AWARDS 2021 Winner’s List Sponsor at the address noted in Section 3 above.
12) Questions? If you have any questions, you may contact us at help@fooji.com.