Chispa™
Bresh™ VIP Experience Sweepstakes
OFFICIAL RULES
THESE OFFICIAL RULES ARE A CONTRACT—READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES A RELEASE AND LICENSE FROM YOU, AND A LIMITATION OF CERTAIN OF YOUR RIGHTS AND REMEDIES.
NO PURCHASE NECESSARY. PURCHASES DO NOT INCREASE ODDS OF WINNING. ODDS OF WINNING DEPEND ON NUMBER OF ELIGIBLE ENTRIES RECEIVED. VOID WHERE PROHIBITED.
1. Promotion and Sponsor. Participation in the Chispa Bresh VIP Experience Sweepstakes promotion (the "Promotion") constitutes Entrant's (as defined below) full and unconditional agreement to these Official Rules. Entrant is free to disclaim any prize and status as Entrant, and as a result will not be eligible to receive any prize. The Promotion is sponsored by Affinity Apps, LLC, 8750 North Central Expressway, Suite 1400, Dallas, Texas 75231 ("Sponsor"), and administered by Reborn PR, LLC, 1409 South Lamar Street, #208, Dallas, Texas 75215 ("Administrator"). All decisions related to, as well as all interpretation of, these Official Rules by Sponsor and Administrator are final and binding. While this Promotion may be promoted via social media websites, such websites are not affiliated with Sponsor or this Promotion. This Promotion is in no way sponsored, endorsed or administered by, or associated with Facebook, Twitter, Instagram, TikTok or any other third-party website or application that might host content where information about this Promotion is published (collectively "Content Hosts"). Entrant is providing information only to Sponsor and Administrator, and not to Content Hosts.
2. Promotion Period. The Promotion begins at
12:01 a.m. CT on July 19, 2021, and ends at
11:59 p.m. CT on August 22, 2021 (the "Promotion Period"). Only entries submitted and received during the Promotion Period will be accepted. Sponsor is the official timekeeper of this promotion.
3. Eligibility. The Promotion is open only to individuals that are legal residents of Florida, residing within the Miami Metropolitan area (Miami-Fort Lauderdale-West Palm Beach MSA), age 21 or older, who at the time of entry have a valid and active account on the free Chispa dating application. Employees or agents of Sponsor, Administrator, or their respective parent or affiliate companies, vendors, suppliers, consultants, sub-contractors, distributors, legal counsel or advertising, marketing, public relations or promotional/fulfillment agencies, as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee or agent, are not eligible. Legal entities are not eligible to enter. Eligibility is contingent upon agreement to, compliance with, and fulfillment of all requirements of these Official Rules.
4. How to Enter. NO PURCHASE NECESSARY. PURCHASES DO NOT INCREASE ODDS OF WINNING. There is one method of entry. By participating in the Promotion in any way you will become an "Entrant." Each Entrant who enters using the below method of entry during an Entry Period (as defined in Table 1 below) will receive one entry in the Prize Drawing (as defined below) for that Entry Period. Limit one eligible entry per person and per Chispa account, per Entry Period.
Chispa Entry: During each Entry Period within the Promotion Period, you will automatically become an Entrant and receive one entry for that Entry Period by logging into your Chispa dating application, locating the Promotion advertisement, clicking on the advertisement and completing and submitting the resulting entry form with your name, address and email.
5. Conditions of Entry. Entries not legitimately submitted in accordance with these Official Rules are void. Only qualified entries received by Sponsor during the Promotion Period are eligible for participation.
Entrants may be required to provide the following information to be eligible for a Promotion prize: first, middle and last name, month, day and year of birth, email address, complete mailing address, and phone number (collectively or individually, "Personal Information"). All requested Personal Information must be provided to participate in the Promotion and to be eligible to win a prize. Unintelligible entries; entries with incomplete, invalid, incorrect or noncurrent information; and entries that are counterfeit, damaged or tampered with in any way will be disqualified. Entries that are late, lost, damaged, misdirected, stolen or not delivered are not the responsibility of Sponsor or Administrator and will be disqualified. Sponsor and Administrator are not responsible if a potential winner does not receive a prize because erroneous, expired, canceled, fraudulent or fake information was provided during the Promotion. Proof of sent entry or entry receipt (such as a copy of a "thank you" message) does not constitute proof of actual receipt of entry by Sponsor for purposes of this Promotion.
Participation must be by Entrant. Participation by any other individual or entity, or originating at any other website, email address, or Chispa account, including without limitation, commercial promotion entering and subscription notification service sites, is invalid and will be disqualified from this Promotion. Any attempt by any Entrant to obtain more than the stated number of entries by using multiple email addresses, phone numbers, identities, registrations or logins; entries through a sweepstakes club or similar entity; or any other unauthorized method of entry will void all of Entrant's entries and Entrant will be disqualified from the entire Promotion. Submitting mass entries or entries generated by an automated program, script or macro, or the use of any other similar device, program or method to enter this Promotion is prohibited and will result in disqualification from the entire Promotion.
In the event of a dispute as to the identity of Entrant, the authorized account holder of the email address submitted on the entry form will be deemed to be Entrant. A potential winner may be required to show proof of being the authorized account holder. The "authorized account holder" of an email address is the natural person assigned to that email address by any organization (business, educational institution, etc.) responsible for assigning accounts to that email address. If the identity of the individual who actually participated in the Promotion cannot be resolved to Sponsor's satisfaction, the affected individual's entry will be deemed ineligible.
Sponsor may, in its sole discretion, disqualify any individual it finds to be in violation of these Official Rules, tampering with the entry process or the operation of the Promotion (including without limitation, tampering with websites, email addresses or phone numbers), or acting in a non-sportsmanlike or disruptive manner. Any attempt to undermine the operation of the Promotion may be a violation of criminal or civil law, and Sponsor may seek damages to the fullest extent permitted by law from any person it finds to have made such an attempt.
6. Prize. There is one prize available to be won in each Entry Period. Approximate retail value ("ARV") of all prizes in this Promotion is two thousand two hundred dollars ($2,200). Each prize consists of a custom Chispa VIP experience for the winner and up to five guests at a 2021 Bresh music event in Miami, Florida.
Each winner's guests must be legal residents of Florida, residing within the Miami Metropolitan area, age 21 or older. Actual value of prize may vary. All additional costs, including without limitation, transportation to and from the event, surcharges, fees, gratuities, taxes and other personal charges not specifically described as part of the prize above are not included in the prize. No compensation or substitution will be provided for any difference in prize value. Sponsor and Administrator are in no way responsible for any cancellations, delays, postponements, diversions, substitutions, changes in service or accommodations, or any other act, omission, or result thereof, caused by any third party. All prizes must be accepted as awarded without substitution and are not, in whole or in part, assignable, transferable or available for resale. Prizes have no cash surrender value, except where required by law. Sponsor has made no warranty, representation or guarantee, express or implied, in fact or in law, with respect to any prize. This includes, without limitation, any warranty, representation or guarantee related to any prize's quality or fitness for a particular purpose. Prizes are subject to availability and Sponsor may substitute a prize (or a component thereof) with another prize of equal or greater value if the prize is not available for any reason, as determined in Sponsor's sole discretion. Other prize substitution options are available where required by law. Federal, state and local taxes and all other costs and expenses associated with acceptance of and participation in any prize not specified herein as being awarded are the winner's sole responsibility. Prize specific terms and conditions apply. If a winner or a winner's guest elects not to partake in any portion of the prize, any remainder of the prize that is unused will be forfeited and will not be subject to further or additional compensation. Sponsor and Administrator are not responsible if a winner or guest is denied entry into, or removed from, any event venue. In such situation, the winner and/or guest will be responsible for all additional costs incurred. The winners and guests must obey all event venue rules and requirements, including without limitation, the requirement to present photo identification upon arrival. Failure to do so may result in non-admission to, or removal from the event venue, and forfeiture of all or part of the prize.
Sponsor and Administrator may, in their sole discretion, restrict any celebrity or artist interaction portion of the prize in any manner, including without limitation, length of time and number, type or availability of photographs, videos and autographs. Personal appearances are subject to change based on availability. Winners or guests with a known negative history, in Sponsor's sole discretion, may be excluded from any celebrity or artist interaction portion of the prize.
If any prize event or component is cancelled or otherwise does not occur for any reason whatsoever, the portion of the prize associated with that event or component will not be awarded, and any prize or value already awarded in connection with that event will be forfeited and no additional compensation will be provided to the winners or the winners' guests. If any prize event or component thereof is rescheduled or postponed, the portion of the prize associated with that event or component thereof will be awarded for the rescheduled date.
Any prize details not specified above will be determined by Sponsor in its sole discretion. If any potential winner in any Entry Period is disqualified, not eligible, or for any other reason cannot accept the prize for that Entry Period as stated, then Sponsor may randomly select a new potential winner from the remaining pool of eligible Entrants for such Entry Period. Where legal, the winners and guests may be required to submit, without alteration and in the form provided by Sponsor or Administrator, a completed and signed Affidavit of Eligibility and Liability & Publicity Release (the "Release"), along with a properly completed U.S. Department of the Treasury Internal Revenue Service Form W-9, within the required time period communicated in the Release to be eligible to receive or participate in any prize. The winner may be issued a U.S. Department of the Treasury Internal Revenue Service Form 1099 and related tax forms for the actual value of the prize provided by Sponsor.
Only the number of each prize set forth in these Official Rules will be awarded. In the event that any error, mistake, failure or discrepancy causes more than the stated number of prizes as set forth in these Official Rules to be promoted, noticed or claimed, Sponsor and Administrator may award only the stated number of prizes by conducting a random drawing from among all legitimate, unawarded, eligible prize claims.
7. Winner Determination and Verification. The process leading to the random selection of a potential prize winner (each, a "Prize Drawing") is within the sole discretion of Sponsor. Prize Drawings will take place according to the schedule set forth in Table 1. For each Entry Period's Prize Drawing, one potential winner will be randomly drawn from the pool of all eligible entries received during that Entry Period. Non-winning entries will not be rolled over to any remaining Promotion Entry Periods or Prize Drawings. Winning entries will not be eligible to participate in any subsequent Entry Periods or Prize Drawings in this Promotion.
Table 1
Entry Period |
Entry Period Start |
Entry Period End |
Prize Drawing |
No. of Winners |
Prize |
1 |
12:01 a.m. CT on July 19, 2021 |
11:59 p.m. CT on July 25, 2021 |
July 26, 2021 |
1 |
VIP experience at Bresh event in Miami, FL on 7/31/21 |
2 |
12:01 a.m. CT on August 16, 2021 |
11:59 p.m. CT on August 22, 2021 |
August 23, 2021 |
1 |
VIP experience at Bresh event in Miami, FL on 8/28/21 |
Potential winners and each winner's guests are each subject to eligibility verification, on an ongoing basis, by Sponsor and Administrator, whose decisions are final and binding.
An Entrant is not a winner of any prize, even if notified of being a winner or issued any item of value, unless and until Entrant's eligibility has been, and continues to be verified to the satisfaction of Sponsor.
To be verified as eligible to receive a prize, each potential winner and each winner's guests must fulfill all requirements and continue to comply with all terms and conditions of these Official Rules, and not be disqualified for any reason. Each potential winner will be notified by email or phone (subject to Administrator's discretion). If a potential winner of any prize cannot be contacted using the information provided, or fails to respond to Administrator's attempt to notify them of selection within three business days; if any prize or notification is returned as undeliverable or yields an error or undeliverable type "bounce back" message (regardless if the message is ultimately delivered to the recipient); if the potential winner fails to sign and return the Release or any other required documentation or fails to comply with these Official Rules; if a potential winner is unable or unwilling to accept the prize (or any portion) as stated; or if the potential winner cannot be verified as eligible for any reason at any time before, during or after the Promotion Period, the potential winner is disqualified and forfeits the prize (or relevant portion, subject to Sponsor's discretion), and an alternate potential winner will be randomly selected from among the remaining eligible entries. If Sponsor and Administrator are unable to verify the winners' guests' eligibility, or if the winners' guests fail to sign and return the Release or any other required documentation, or fail to comply with these Official Rules, the applicable winner will be required to select a different guest or forfeit the applicable guest's portion of the prize.
In the event that an Entrant or potential winner is disqualified or fails to claim a prize for any reason, the foregoing process will be repeated until all prizes are awarded, or until three attempts have been made to award each prize and each attempt has failed. EXCEPT AS REQUIRED BY LAW, IF ANY PRIZE REMAINS UNAWARDED FOR ANY REASON AFTER THREE ATTEMPTS, THAT PRIZE WILL NOT BE AWARDED IN THIS PROMOTION. If any winner is awarded and claims a prize, a winners list may be obtained by printing the requestor's name and complete mailing address on a 3x5" postcard and mailing it to Reborn PR, LLC, Attn: Chispa Bresh VIP Experience Sweepstakes Winners List, 1409 South Lamar Street, #208, Dallas, Texas 75215. Limit one request per person, per household.
Odds of winning the prize during any Entry Period depend on the number of eligible entries received for that Entry Period.
8. Limitations of Liability. By entering or participating in this Promotion or any prize in any way, each Entrant, winner, and winner's guest agrees to indemnify, defend (regardless of ultimate liability), and hold harmless, and thereby does release and discharge Sponsor, Administrator and Content Hosts, and each of their respective parent and affiliate companies, vendors, suppliers, consultants, sub-contractors, distributors, legal counsel and advertising, marketing, public relations and promotional/fulfillment agencies, and each of their respective parent companies and each such company's officers, directors, employees and agents, as well as the immediate family (spouse, parents, siblings and children) and household members of each such individual (collectively, the "Released Parties") from and against any loss, damage, injury, claim or cause of action related in any way whatsoever to this Promotion, these Official Rules, or the rights, consents and licenses granted to Sponsor or Administrator under these Official Rules, including without limitation, violation of any agreement or obligation; infringement of any right of publicity or intellectual property; threatened or actual injury, loss or damage to any person, including death and disability; defamation or portrayal in a false light (intentional and unintentional); invasion of privacy; and damage to or loss of property, arising out of such Entrant's, or the winner's guest's, participation in the Promotion or receipt of or participation in any prize. To the maximum extent allowed by law, in no event will Released Parties be responsible or liable for any damages or losses of any kind, including indirect, incidental, consequential or punitive damages arising out of this Promotion. Some jurisdictions may not allow the limitations or exclusion of liability for incidental or consequential damages or exclusion of implied warranties. Check local laws for restrictions regarding these limitations or exclusions.
Entrants waive any right to claim ambiguity in these Official Rules. The Released Parties are not responsible for: (1) technical failures of any kind; (2) incorrect or inaccurate information, whether caused by Entrants, any internet or email service provider, any promotional or advertising agency, printing or computing errors, or by any of the equipment or programming associated with or utilized in the Promotion; (3) unauthorized human intervention in any part of the entry process or the Promotion; (4) technical or human error that may occur in the administration of the Promotion, the processing of entries or the announcement of the winners or prizes; (5) any injury or damage to persons or property, including without limitation computers, phones and tablets, that may be caused, directly or indirectly, in whole or in part, by Entrant's participation in the Promotion or access to the Promotion materials; (6) the receipt of or participation in any Promotion prize; or (7) any other errors in any materials, information or announcements associated with the Promotion. If for any reason an Entrant's entry is confirmed by Sponsor to have been erroneously deleted, lost or otherwise destroyed or corrupted by Sponsor or Administrator, Entrant's sole remedy is another entry in the Promotion, subject to availability and provided that the Promotion Period has not then expired.
9. LICENSE FROM ENTRANT AND GUEST. To the extent allowed by law, participation in the Promotion in any way or acceptance of, or participation in, any prize constitutes each Entrant's, each winner's, and each winner's guests' consent for, and grant of a non-exclusive, sub-licensable and assignable license to Sponsor to record, publish, post, display and otherwise exploit Entrant's, the winner's, and the winner's guests' name, social media handles, likeness, image, voice, aural and visual performance (together or independently), statements and hometown, regardless of whether altered, distorted or used alone or with other material, in Sponsor's sole discretion, for commercial, promotional, marketing and trade purposes in any medium now known or later discovered, worldwide and in perpetuity, without review or approval, and without further notice, payment or consideration of any kind.
All rights, consents and licenses granted to Sponsor or Administrator under these Official Rules or the Release will survive the termination of this Promotion. Such consents and licenses may only be revoked in writing, and the mere ending of this Promotion is not sufficient to revoke such consents or licenses.
10. Right to Modify or Cancel. The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. In the event any provision is found invalid or unenforceable, these Official Rules will otherwise remain in effect in accordance with their terms as if the invalid or unenforceable provision was never included. Sponsor's or Administrator's failure to enforce any provision of these Official Rules does not constitute a waiver of that provision.
Sponsor may cancel, suspend or modify the Promotion or any part of it, in any way, if Sponsor determines in its sole discretion that the Promotion is not capable of executing as Sponsor intended, or that any error, omission, fraud, technical failure, tampering, computer virus or other factor, technical or otherwise, beyond Sponsor's reasonable control, impairs or may impair Sponsor's or Administrator's ability to properly conduct the Promotion, subject to any applicable law or regulation. In such event, Sponsor may, but is not obligated to, award any applicable prize by conducting a random drawing from among the eligible entries received up to the time of the cancellation, suspension or modification of the Promotion. Inclusion in such random drawing is Entrant's exclusive remedy under such circumstances.
In the event of an inconsistency between these Official Rules and any disclosure or other statement contained in any Promotion-related materials, including without limitation, a Promotion entry form or any point-of-sale, radio, television, print or online advertising, these Official Rules will prevail and govern.
11. Disputes; CLASS ACTION WAIVER. Except where prohibited by law, Entrant agrees that: (1) all disputes, claims and causes of action arising out of or connected with this Promotion or any prize awarded will be resolved individually, without resort to any form of class action, and Entrant consents to the personal jurisdiction of the appropriate federal or state court located in Dallas County, Texas for such purpose; and (2) all claims, judgments and awards will be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event attorneys' fees. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights or obligations of Entrant, Sponsor or Administrator in connection with the Promotion, are governed by and construed in accordance with the laws of the State of Texas, without giving effect to any choice of law or conflict of law rules that would cause the application of the laws of any other jurisdiction.
12. Privacy. By entering this Promotion, Entrant agrees to Sponsor's and Administrator's manner of collection, use, retention and disclosure of Entrant's Personal Information submitted in connection with the Promotion. Personal Information collected from Entrant is subject to Sponsor's privacy policy, which can be found at chispa-app.com/privacy-policy, and may additionally be disclosed by Sponsor or Administrator in connection with a public list of Promotion winners, or pursuant to any license granted to Sponsor or Administrator by Entrant under these Official Rules or the Release.