Monthly Raffle Sweepstakes Official Rules
NO PURCHASE NECESSARY. A PURCHASE WILL NOT IMPROVE YOUR CHANCE OF WINNING.
PROMOTION DESCRIPTION: The Dala Inc. d/b/a/ Mayv Monthly Raffle Sweepstakes (the “Promotion”) begins on March 1, 2021 at 12:00:00 a.m.. Pacific Time (“PT”) and ends on December 31, 2021 at 11:59:59 p.m. PT (the “Promotion Period”). The Promotion consists of independent monthly sweepstakes (each a “Monthly Sweepstakes”) beginning at 12:00:00 a.m. PT on the first day of each month and ending at 9:59:59 p.m. PT on the last day of each month during the Promotion Period (each a “Monthly Sweepstakes Period”). One (1) winner of each Monthly Sweepstakes will randomly be selected at the end of each Monthly Sweepstakes Period, as set forth below. If you do not win, entries in one Monthly Sweepstakes will not be included in the following Monthly Sweepstakes. Entry in the Promotion does not constitute entry into any other promotion, contest, or sweepstakes. By participating in the Promotion, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Dala, Inc., 430 22nd Ave, San Mateo, CA 94403 (“Sponsor”), which shall be final and binding in all respects. This Promotion is in no way sponsored, endorsed or administered by, or associated with Apple Inc. or Google, Inc.
ELIGIBILITY: Open only to legal U.S. residents of the fifty (50) United States and the District of Columbia who are eighteen (18) years old or older as of time of entry. Officers, directors, and employees of Sponsor and its parent, subsidiaries, affiliates, distributors, retailers, sales representatives, advertising and promotion agencies (all such individuals and entities referred to collectively, the “Promotion Entities”), and each of their immediate family members and/or people living in the same household are NOT eligible to enter the Promotion or win a prize. This Promotion is void where prohibited.
HOW TO ENTER: There are two ways to enter a Monthly Sweepstakes:
All users of the Mayv app generate points from key actions in the app: completing a practice, completing a lesson, and completing a check-in. To enter the sweepstakes using the Mayv app, you must be a paying customer, during the applicable Monthly Sweepstakes Period; visit the Sweepstakes page in the app to see the points and “birds” accumulated. Mayv app users may earn up to 3 points per day, which are converted to birds at a rate of 10 points per 1 bird. There is no limit to the number of birds a user can earn with this conversion. On the last day of each month, each bird accumulated by a paid app user will generate a single entry which will be entered into the monthly sweepstakes. Upon being chosen as a Monthly Sweepstakes winner, a user’s birds will be reset to zero. Non-winner will retain “birds” into the following month.
No purchase necessary to enter. To enter without earning points in the Mayv app, mail a 3×5 notecard to the Mayv Monthly Sweepstakes ℅ Dala Inc. d/b/a/ Mayv, 430 22nd Ave, San Mateo CA 94403. For each card that is received, you will receive one entry in your account on the Mayv app which can be used to enter the applicable Monthly Sweepstakes as detailed above. On the card, in legible handwritten print should be the following information: phone number, date of birth, and email address. Entries received in envelopes will be considered ineligible. Cards with machine printed information will not be considered eligible. Cards with postage due will not be considered eligible. If any piece of information is considered indecipherable, the entry will not be considered.
Limit thirty (100) entries per person per Monthly Sweepstakes regardless of method of entry.
Entry must be made by the entrant only in the manner described above. Entries made by any other individual or any entity, and/or originating at any other website or e-mail address, including but not limited to commercial sweepstakes subscription notification and/or entering service websites, will be declared invalid and disqualified for this Promotion. Tampering with the entry process or the operation of the Promotion, including but not limited to the use of any device to automate the entry process, is prohibited and any entries deemed by Sponsor, in its sole discretion, to have been submitted in this manner will be void. In the event a dispute regarding the identity of the individual who actually submitted an entry cannot be resolved to Sponsor’s satisfaction, the affected entry will be deemed ineligible. The Promotion Entities shall not be responsible for incorrect or inaccurate entry information whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Promotion or by any technical or human error which may occur in the processing of the entries in the Promotion. The Promotion Entities assume no responsibility or liability for any error, omission, interruption, deletion, theft or destruction, or unauthorized access to, or alteration of entries.
WINNER SELECTION AND NOTIFICATION: At the end of each Monthly Sweepstakes Period, Sponsor (or its designee) will conduct a random drawing from all eligible entries received during that particular Monthly Sweepstakes Period to select one (1) winner of that Monthly Sweepstakes. Attempts to notify potential winners will be made by email using the information entered at entry or in the entrant’s Mayv profile. Sponsor shall have no liability for any winner notification that is lost, intercepted or not received by a potential winner for any reason. If, despite reasonable efforts, a potential prize winner does not respond within five (5) days of the first notification attempt, or if a prize or prize notification is returned as unclaimed or undeliverable to such potential prize winner, such potential prize winner will forfeit the applicable prize and an alternate prize winner may be selected. If any potential prize winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines the applicable prize for any reason prior to award, such potential prize winner will be disqualified and an alternate winner may be selected. Sponsor may successively attempt to contact up to two (2) potential prize winners in accordance with such procedure, and if there is still no confirmed prize winner after such attempts have been made, if any, the applicable prize may go unawarded.
PRIZES/ODDS: Each Monthly Sweepstakes winner will receive the health prize specified in the Sweepstakes page of the Mayv app. Mayv account holders will receive the prize to their U.S. mailing address. . Actual odds of winning each Monthly Sweepstakes depend on the number of eligible entries received during the applicable Monthly Sweepstakes Periods.
GENERAL PRIZE CONDITIONS: No cash alternative or substitution of prizes will be allowed, except Sponsor reserves the right in its sole discretion to substitute prizes of comparable value if any prize listed is unavailable, in whole or in part, for any reason. Prizes will be awarded only if the potential prize winner fully complies with these Official Rules. All portions of the prize(s) are non-assignable and non-transferable. Any prizes pictured in point-of-sale, online, television and print advertising, promotional packaging, and other Promotion materials are for illustrative purposes only. All details and other restrictions of the prize(s) not specified in these Official Rules will be determined by Sponsor in its sole discretion. Each prize winner shall be solely responsible for all federal, state and/or local taxes, and the reporting consequences thereof, and for any other fees or costs associated with the applicable prize. The potential prize winner may be required to execute an Affidavit of Eligibility, a Liability Release, and (where imposing such condition is legal) a Publicity Release (collectively, “Prize Claim Documents). If any potential winner fails or refuses to sign and return all Prize Claim Documents within five (5) days of prize notification, the winner may be disqualified and an alternate winner may be selected.
GENERAL LIABILITY RELEASE/FORCE MAJEURE: Entry in the Promotion constitutes entrant’s permission, for the Promotion Entities to use the entrant’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. Entrants agree that the Promotion Entities, Google, Inc., and Apple Inc. (A) shall not be responsible or liable for, and are hereby released from, any and all costs, injuries, losses, or damages of any kind, including, without limitation, death and bodily injury, due in whole or in part, directly or indirectly, to participation in the Promotion or any Promotion-related activity, or from entrants’ acceptance, receipt, possession, and/or use or misuse of any prize, and (B) have not made any warranty, representation, or guarantee express or implied, in fact or in law, with respect to any prize, including, without limitation, to such prize’s quality or fitness for a particular purpose. Sponsor assumes no responsibility for any damage to an entrant’s, or any other person’s, computer system which is occasioned by participating in the Promotion, or for any computer system, phone line, hardware, software, or program malfunctions, or other errors, failures, or delayed computer transmissions or network connections that are human or technical in nature. Without limiting the generality of the foregoing, Sponsor is not responsible for incomplete, illegible, misdirected, misprinted, late, lost, damaged, stolen, or postage-due prize notifications; or for lost, interrupted, inaccessible, or unavailable networks, servers, satellites, Internet service providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, difficulties or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Promotion, to be acting in violation of these Official Rules, or to be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Promotion, or to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. No mechanically reproduced, illegible, incomplete, forged, software-generated, or other automated multiple entries will be accepted. Sponsor reserves the right to modify, extend, suspend, or terminate the Promotion if it determines, in its sole discretion, that the Promotion is technically impaired or corrupted or that fraud or technical problems, failures, or malfunctions or other causes beyond Sponsor’s control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play, and/or feasibility of the Promotion as contemplated herein. In the event an insufficient number of eligible entries are received and/or Sponsor is prevented from awarding prizes or continuing with the Promotion as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made epidemic of health or other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared), or any federal state or local government law, order, or regulation, public health crisis, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), then subject to any governmental approval which may be required, Sponsor shall have the right to modify, suspend, extend, or terminate the Promotion. If the Promotion is terminated before the designated end date, Sponsor will (if possible) select the winner in a random drawing from all eligible, non-suspect entries received as of the date of the event giving rise to the termination. Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances. Only the type and quantity of prizes described in these Official Rules will be awarded. These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with law by a duly authorized representative of Sponsor. Unless otherwise stated in these Official Rules, the invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. Unless otherwise stated in these Official Rules, in the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
GOVERNING LAW/JURISDICTION: ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR SPONSOR IN CONNECTION WITH THE PROMOTION SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF CALIFORNIA WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OF CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S LAWS. FOR THE PURPOSES OF ANY DISPUTES HEREUNDER, BY ENTERING THIS PROMOTION, EACH ENTRANT AGREES THAT ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR IN ANY WAY RELATED TO THIS PROMOTION SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION AND CONSENTS TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE APPROPRIATE STATE OR FEDERAL COURT SITUATED IN SAN FRANCISCO COUNTY, CALIFORNIA.
ARBITRATION AGREEMENT & WAIVER OF CERTAIN RIGHTS: By participating in this Promotion, entrant agrees that any and all disputes entrant may have with, or claims entrant may have against the Promotion Entities relating to, arising out of or connected in any way with (a) the Promotion, (b) the awarding or redemption of any prize, and/or (c) the determination of the scope or applicability of this agreement to arbitrate (a “Claim”), will be resolved exclusively by final and binding arbitration in accordance with the Rules of the American Arbitration Association (“AAA Rules”) The arbitration will be heard and determined by a single arbitrator The arbitrator’s decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it will not be disclosed beyond the arbitration proceedings, except as may be required by applicable law.
f entrant demonstrates that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the administrative costs and arbitrator’s fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.
This arbitration agreement does not preclude entrant from seeking action by federal, state, or local government agencies. Entrant and Sponsor also have the right to bring qualifying claims in small claims court. In addition, entrant and Sponsor retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these Official Rules, nor a waiver of the right to have disputes submitted to arbitration as provided in these Official Rules
Neither Entrant nor Sponsor may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only Entrant and/or Sponsor’s individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial.
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF OTHER RIGHTS THAT ENTRANT OR SPONSOR WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION f any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section will continue in full force and effect This Section of these Official Rules will survive the termination of your relationship with Sponsor.
WINNER’S LIST/OFFICIAL RULES To obtain any legally-required winners list (after the conclusion of the Promotion) or a copy of these Official Rules, send a self-addressed envelope with the proper postage affixed to: Dala Monthly Sweepstakes ℅ Dala, Inc. d/b/a/ Mayv, 430 22nd Ave, San Mateo, CA 94403. Please specify “winners list” or “Official Rules” and the name of the Promotion in your request.