Tally’s User Research Sweepstakes

NO PURCHASE NECESSARY TO ENTER OR WIN. UTILIZING TALLY’S SERVICES OR UTILIZING A TALLY CREDIT LINE DOES NOT IMPROVE OR INCREASE YOUR CHANCES OF WINNING.

1. DATES OF SWEEPSTAKES: Sweepstakes begin at 12:00am (PST), on December 13, 2022 and ends at 11:59pm (PST) on January 13, 2023 (the “Sweepstakes Period”).

2. ELIGIBILITY: Sweepstakes is open only to legal residents of the United States and the District of Columbia (except Nevada, Vermont, and West Virginia).  The sweepstakes is open to those who are (18) years of age and or older as of the date of entry (“Entrants”). Void where prohibited or restricted by law. Officers, directors, managers, and employees of Tally Technologies, Inc. (the ”Sponsor”), and their respective advertising and promotion agencies, consultants and agents, as well as immediate family members and/or those living in the same household of each such person, and any others engaged in the development, production, execution or distribution of this Sweepstakes, are not eligible to participate. “Immediate family member” shall be deemed to mean husband, wife, domestic partner, children, mother, father, sister, sister in-law, brother or brother in-law. Sweepstakes may only be entered in or from the United States (except where previously indicated above) and entries originating from any other jurisdiction are not eligible for entry. All federal, state and local laws and regulations apply.

3. HOW TO ENTER There are two (2) ways to enter: 

(i) Entrants who complete the User Research Survey in its entirety. 

(ii) Entrants who send an email to TallySweepstakes@meettally.com and include User Research Survey 2022 in the subject line, include their first and last name, city and state of residence, phone number, and email address to receive one entry into the User Research Sweepstakes.

It is the sole responsibility of the Entrant(s) to notify the Sponsor in writing if the Entrant changes their contact information during the Sweepstakes Period. Regardless of the entry method used to enter the Sweepstakes, all entries must be received by 11:59 p.m. (PST) on January 13, 2023  to be considered a valid entry for the Sweepstakes. There is a limit of one entry per Entrant for the entire Sweepstakes Period. Only fully completed entries are eligible. Proof of submission will not be deemed to be proof of receipt by Sponsor.

4. DRAWING ODDS: On or about January 20, 2023, the potential prize winners will be selected in a random drawing from all eligible entries received by the Sponsor. Odds of winning depend on the number of eligible entries received for the Sweepstakes during the Sweepstakes Period. By entering the Sweepstakes, Entrants fully and unconditionally agree to be bound by these Official Rules and the decisions of the Sponsor, which will be final and binding in all matters relating to the Sweepstakes.

5. GRAND PRIZE: Five Grand Prizes will be awarded, each consisting of a $200 Amazon gift card to be distributed via email to five randomly-selected Entrants (“Winning Entrants”).

6. PRIZE RESTRICTIONS: Limit of one (1) prize per person/household. All prizes are non-transferable or assignable and no substitutions or cash redemptions; except at Sponsor’s sole discretion or as otherwise provided herein. Sponsor will not replace any lost or stolen prizes. The official sweepstakes winners (“Grand Prize Winners”) will be solely responsible for all applicable federal, state and local taxes including taxes imposed on their income. No more than the stated number of prizes set forth in these Official Sweepstakes Rules (“Official Rules” or “Rules”) will be awarded. The Grand Prize Winners consent to the use of their name, likeness, biographical information, and voice in advertising worldwide without additional compensation (TN residents will not be required to sign a Publicity Release as a condition of winning a prize).

7. GRAND PRIZE WINNER NOTIFICATION: The Winning Entrants will be notified by the Sponsor by email and/or phone on or about January 27, 2023 (the “Notification”). The Winning Entrants must respond to the Notification within 10 business days of the Sponsor’s first Notification. In the event a Winning Entrant fails to respond to the Notification within 10 business days of the first Notification, or if it is determined by the Sponsor, in their sole discretion, that a potential winner is not eligible in accordance with these Official Rules, an alternate Winning Entrant will be selected at random from among the remaining non-winning eligible entries. The Winning Entrants will be required to sign and return (except where prohibited) an Affidavit of Eligibility and Liability/ Publicity Release form (the ”Paperwork”) within ten (10) business days of the Notification. If a Winning Entrant fails to return the Paperwork within the date and time indicated in the Notification, or is found to be ineligible, or if they do not comply with Official Rules, such Winning Entrant and their entry will be disqualified and another Winning Entrant will be selected from the remaining eligible entries received. If the email Notification is returned as undeliverable or the Winning Entrant cannot be contacted at the phone number they provided, this will result in disqualification and an alternate Winning Entrants will be selected from the remaining eligible entries. Within 4 weeks after verification of the Paperwork, the Grand Prize will be distributed via email.

The value associated with the Grand Prize may be taxable as income and the Grand Prize Winners will be solely responsible for any taxes, including, but not limited to all applicable federal, state and local taxes that become due with respect to the value of the Grand Prize. The Sponsor will report the value of the Grand Prize to the Internal Revenue Service if necessary.

No compensation will be provided for any prizes that are not able to be awarded to a prize winner.

8. WINNERS LIST: To obtain a list of the Grand Prize Winner(s) visit: www.meettally.com/sweepstakes/winnerslist official list or to obtain a full list of prize winner(s) send an email to sweepstakes@meettally.com.

9. NO LIABILITY: By participating, Entrants and prize winners agree to release, discharge, indemnify and hold harmless the Sponsor, and each of their respective officers, directors, employees, representatives and agents (collectively, the “Released Parties”) from and against any claims made by any Entrant, prize winner, or any other third parties, related in any way to the operation of this Sweepstakes as well as any other claims, damages or liability due to any injuries, damages or losses to any person (including death) or property of any kind resulting in whole or in part, directly or indirectly, from receipt, acceptance, possession, misuse or use of a prize or participation in any promotion related activity or participation, in this Sweepstakes.

10. CONDITIONS: By participating in this Sweepstakes, Entrants and prize winners agree to be bound by these Official Rules and the decisions of the Sponsor, which are final in all respects and not subject to appeal. Sponsor reserves the right to disqualify permanently from this Sweepstakes any Entrant it believes has violated these Official Rules and verify eligibility of Entrants. Neither Sponsor nor anyone acting on its behalf will enter into any communications with any Entrant regarding this Sweepstakes, except as expressly set forth in these Official Rules. By participating in this Sweepstakes, Entrants and prize winners release the Sponsor, from any and all liability, damages or causes of action (however named or described) with respect to or arising out of participation in the Sweepstakes, and/or the receipt or use/misuse of any prize awarded, including, without limitation, liability for personal injury, death or property damage. Failure to comply with these Official Rules may result in disqualification from the Sweepstakes. All Sweepstakes materials are subject to verification and are void if (a) not obtained in accordance with these Official Rules and through legitimate channels, (b) any part is counterfeited, altered, defective, damaged, illegible, reproduced, tampered with, mutilated or irregular in any way, (c) are obtained where prohibited, or (d) they contain printing, typographical, mechanical, or other errors. Entrants assume all risk of loss, damage, destruction, delay or misdirection of Sweepstakes materials submitted to Sponsor. In the event any portion of this Sweepstakes is compromised by activities beyond the control of the Sponsor which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play of the Sweepstakes or this Sweepstakes, Sponsor reserves the right at its sole discretion to modify, suspend or terminate the Sweepstakes. Sponsor may prohibit an Entrant from participating in the Sweepstakes or winning a prize if, in its sole discretion, it determines that said Entrant is attempting to undermine the legitimate operation of the Sweepstakes by cheating, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other Entrants or Sponsor. If for any reason this Sweepstakes is not able to be conducted as planned, including, but not limited to, by reason of infection by computer virus, bugs, tampering, unauthorized intervention, fraud or any other causes beyond the reasonable control of Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes, then Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Sweepstakes and randomly draw from those entries received up to the cancellation/suspension date to award prizes. CAUTION: ANY ATTEMPT BY A PERSON TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY’S FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION. SPONSOR’S FAILURE TO ENFORCE ANY TERM OF THESE OFFICIAL RULES SHALL NOT CONSTITUTE A WAIVER OF THESE PROVISIONS.

11. USE OF DATA: Sponsor will be collecting personal data about Entrants online, in accordance with its privacy policy. Please review the Sponsor’s privacy policy at https://www.meettally.com/privacy-policy/. By participating in the Sweepstakes, Entrants hereby agree to Sponsor’s collections and usage of their personal information and acknowledge that they have read and accepted Sponsor’s privacy policy.

12. SEVERABILITY: Any failure by Sponsor to exercise any rights or enforce any of these Rules is not a waiver of such rights or Rules. If any provision of these Rules or their application in a particular circumstance is held to be invalid or unenforceable to any extent, the remainder of these Rules, or the application of such provision in other circumstances, will not be affected, and each provision will be valid and enforced to the fullest extent permitted by law.

13. DISPUTE RESOLUTION AND ARBITRATION: THIS SECTION AFFECTS YOUR RIGHTS. PLEASE READ CAREFULLY BEFORE AGREEING TO THESE TERMS.

GENERALLY. In the interest of resolving disputes between Entrant and Sponsor in the most expedient and cost effective manner, to the extent permitted by applicable law, Entrants and Sponsor agree that any and all disputes arising in connection with the Sweepstakes will be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of the Sweepstakes, whether based in equity, contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise before, during or after the termination of the Sweepstakes.

ENTRANT UNDERSTANDS AND AGREES THAT, BY ENTERING INTO THESE TERMS, ENTRANT AND SPONSOR ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION IN COURT OR IN ARBITRATION.

EXCEPTIONS. Entrants and Sponsor both agree that nothing in these Rules will be deemed to waive, preclude, or otherwise limit either of our right to (i) bring an individual action in small claims court, or (ii) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available.

ARBITRATION RULES. Any arbitration between Entrant(s) and Tally will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Rules, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, or by calling the AAA at 1-800-778-7879. Entrant’s arbitration filing fees will be governed by the Consumer Rules. If it is determined by the arbitrator that Entrant cannot afford such fees, Sponsor will pay all arbitration fees and expenses.

HEARING. Any arbitration hearings will take place at a location to be agreed upon in San Francisco County, California, provided that if the claim is for $10,000 or less, Entrant may choose whether the arbitration will be conducted (i) solely on the basis of documents submitted to the arbitrator; (ii) through a nonappearance based telephonic hearing; or (iii) by an in-person hearing as established by the AAA Rules.

NO CLASS ACTIONS. ENTRANT(S) AND SPONSOR AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both Entrant and Sponsor agree otherwise, the arbitrator may not join more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

ENFORCEABILITY. Entrant(s) and Sponsor agree that the enforceability of these arbitration provisions will be determined by the arbitrator as provided in the AAA Rules. Entrant(s) and Sponsor agree that the arbitration provisions of these Rules in effect at the time of demand or action, and not the time of any alleged injury, will be the provisions that will be applied by the arbitrator or a court. If class actions provisions are found to be unenforceable or if the entirety of the arbitrations provisions are found to be unenforceable, then the entirety of the arbitration provisions will be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described in Governing Law Section below will govern any action arising out of or related to these Terms.

14. GOVERNING LAW: To the extent permitted by applicable law, (i) the Sweepstakes will be governed by the laws of the State of California without regard to conflict of law principles, and (ii) to the extent that any lawsuit or court proceeding is permitted under these Rules or in connection with the Sweepstakes, Sponsor and Entrants agree to the personal and exclusive jurisdiction of the state courts and federal courts located within San Francisco County, California for the purpose of litigating all such disputes.

15. SPONSOR: Tally Technologies P.O. Box 411165, San Francisco, CA 94141

This Sweepstakes shall not be published without the written permission of the Sponsor.