NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN, NOR WILL EITHER INCREASE YOUR CHANCES OF WINNING, THE PRECIOUS METALS SWEEPSTAKES.
- Sponsor; Acceptance of Official Rules. GoldSilver, LLC (“GoldSilver”) is the sponsor of the Precious Metals Sweepstakes (the “Sweepstakes”). By participating in the Sweepstakes, each participating entrant (an “Entrant”) fully and unconditionally accepts and agrees to comply with these official rules (these “Rules”) and to abide by all decisions made by GoldSilver in connection with the Sweepstakes, which decisions shall be final and binding.
- Related Terms. Any Entrant’s use of the GoldSilver website in connection with the Sweepstakes shall also be subject to the GoldSilver User Agreement and Terms of Purchase and Sale.
- Eligibility. The Sweepstakes is subject to applicable law and is void where prohibited. No purchase is necessary to enter. The Sweepstakes is open to individuals who (i) are permanent legal residents of any of the 50 states in the United States or the District of Columbia; (ii) are physically located in the United States; (iii) are not less than 18 years old; and (iv) have internet access. Employees and agents of GoldSilver, its parents and other affiliated companies and their respective parents, affiliates, agents and other representatives and the immediate family (spouse, parents, siblings and children) and household members of such employees and agents, whether or not legally related, are not eligible to participate in the Sweepstakes. GoldSilver reserves the right to verify the eligibility of all Entrants.
- Sweepstakes Periods & Prizes. The Rules cover multiple periods of entry and award (each a “Sweepstakes Period”), with a unique prize or prizes (“Prize(s)”). The approximate retail value of the Prize(s) will vary over time as market prices of precious metals fluctuate. The specific Sweepstakes Periods include:
- Sweepstakes Period: Begins at 12:00 a.m. Eastern Time on July 22, 2022, and ends at 11:59:59 p.m. Eastern Time on August 31, 2022 (such period, the “Sweepstakes Period”). Prize: 3 fine silver bars, one each of 100 oz, 10 oz, and 1 oz weights (approximate retail value of the Prize as of July 1, 2022: $2,500).
- How to Enter Sweepstakes.
Primary Method. To enter the Sweepstakes, Entrants can visit the Sweepstakes entry page on the GoldSilver website accessible at https://goldsilver.com/silver-stacker-sweepstakes/, or use other official forms GoldSilver may make available on goldsilver.com or other platforms, and submit an online entry during any Sweepstakes Period. As part of such online entry, an Entrant must provide a valid email address, which automatically will opt-in such Entrant to receive the GoldSilver email newsletter (the “Newsletter”) and other emails from GoldSilver. Each Entrant will receive one Sweepstakes entry for submitting an online entry, providing a valid email address and thereby opting in to receive the Newsletter and such other emails, provided that such Entrant remains opted-in continuously through the date of the drawing for the applicable Sweepstakes Period.
Ways to Earn Additional Entries. After an Entrant submits his or her online entry, Entrants may receive additional Sweepstakes entries during the applicable Sweepstakes Period as described below. Information about the availability of these methods will be communicated to the Entrant online or through email, text, or other method authorized by Entrant during the Sweepstakes Period. Each method will provide one or more additional entries, as specified on the entry forms/tools at the time the additional method is offered. GoldSilver may choose not to offer some or all of these additional entry methods for any particular Sweepstakes Period, including discontinuing the use of an option at any time during a Sweepstakes Period, at its sole discretion. Entrants may be able to earn additional entries through the following methods, each of which may be verified by requiring a user to do so only through a tracking link unique to each such Entrant provided by GoldSilver:
- By providing a valid cell phone number and opting in to receive text messages, provided that such Entrant remains opted in through the date of the drawing of the applicable Sweepstakes Period. .
- By referring other individuals to the Sweepstakes, using a unique tracking URL provided by GoldSilver. Such Entrant will receive the specified additional Sweepstakes entries for each referred individual who submits an online entry for the Sweepstakes and provides a valid email address.
- By clicking on a link to visit a Facebook page specified by GoldSilver.
- By following a Twitter profile specified by GoldSilver. Such Entrant will receive the specified additional Sweepstakes entries provided that such Entrant continues to follow the profile through the end of the Sweepstakes Period, however, the option might not be presented to Entrants who already follow said profile as determined by the contest management tools.
- By watching in their entirety one or more YouTube videos specified by GoldSilver, as measured by the contest management tools.
- By subscribing to a YouTube channel specified by GoldSilver, provided that the option may not be presented to users who already subscribe to said channel as determined by the contest management tools.
- By subscribing to receive push notifications through a web browser or application specified by GoldSilver.
Disqualification. Any attempt by any Entrant to submit or earn entries by using multiple identities or email addresses or any similar action will void all entries submitted by such Entrant by any method and, at the discretion of GoldSilver, disqualify such Entrant from participating in any Sweepstakes. No Entrant is permitted to use any automated system to participate in the Sweepstakes, and any Entrant’s use of any such system will result in disqualification of such Entrant.
- Odds of Winning. The odds of winning a Prize depend on the number of eligible entries that are received during each Sweepstakes Period.
- Communications from GoldSilver. By providing an email address or cell phone number to GoldSilver as part of the Sweepstakes entry process, an Entrant automatically opts in to receive content and marketing messages from GoldSilver via those methods provided. Entrants agree to provide only methods for which they are authorized to provide such consent. Entrants may opt out from receiving communications from GoldSilver at any time via any of these methods by following the instructions contained therein appropriate for each authorized channel. Opting out from receiving communications from GoldSilver via any method before the end of the Sweepstakes Period will invalidate any entries earned through such communications method. Any attempt to report such authorized communications as “spam” or otherwise unauthorized communications will result in disqualification of such Entrant for all Sweepstakes.
- Drawing; Requirements for Award of Prize. On or before the fifteenth business day after the end of each Sweepstakes Period, GoldSilver will for each Prize offered randomly select one Sweepstakes entry from all eligible entries received during the applicable Sweepstakes Period. Following such selection, GoldSilver will notify the Entrant submitting the selected entry (the “Potential Winner”) by email to the email address provided by such Entrant. In order to claim the Prize, the Potential Winner will be required to comply with all requirements set forth in the notice from GoldSilver within 10 business days after such notice is sent or attempted to be sent. Such requirements shall include providing all information requested by GoldSilver and properly signing and returning all documents provided by GoldSilver, which shall include, without limitation, one or more documents certifying as to the Potential Winner’s eligibility and releasing GoldSilver and related parties from all liability to the Potential Winner. Without limiting the generality of the foregoing, if GoldSilver determines that the approximate retail value of the Prize exceeds $600, the Potential Winner will be required to provide all the information needed to enable GoldSilver to complete an IRS Form 1099 with respect to the Potential Winner. If the Potential Winner cannot be contacted or fails to timely comply with the requirements in the notice from GoldSilver, or if any notification or attempted notification from GoldSilver or the Prize is returned as undeliverable or otherwise unable to be delivered, the Potential Winner will be disqualified and forfeit his or her right to receive the Prize. In the event of such disqualification, GoldSilver will conduct a second random drawing from among the remaining eligible entries and notify the Entrant whose entry is drawn at such drawing. This process will be repeated until a Potential Winner successfully completes the process by fulfilling all applicable requirements, in which event, the Potential Winner will be designated the winning Entrant (the “Winner”). Approximately 14 days following receipt of all required information and documentation from the Winner and confirmation by GoldSilver that the Winner meets the eligibility criteria and has complied with all requirements, GoldSilver will deliver the Prize to the Winner to the mailing address (no P.O. boxes allowed) provided by the Winner to GoldSilver. GoldSilver is not responsible for any change of any Entrant’s email address, mailing address or telephone number from that provided to GoldSilver. The Prize(s) will be awarded “as is” and without any warranty of any kind, whether express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose and non infringement. The Entrant determined to be a Potential Winner of the Sweepstakes will not be permitted to transfer the Prize to any other individual or entity or to receive any substitute for the Prize, including the cash equivalent thereof. However, GoldSilver reserves the right to substitute for the Prize a prize of equal or greater value to the declared estimated value if the Prize should become unavailable, in GoldSilver’s sole determination, for any reason.
- Taxes. The value of the Prize will be taxable to the Winner as income. The Winner is solely responsible for declaring the value of the Prize as taxable income and paying all applicable federal, state and local taxes on such value. GoldSilver will report the income from the Prize to the Internal Revenue Service on IRS Form 1099, if GoldSilver determines that the retail value of the Prize exceeds $600.
- Right to Suspend, Discontinue, Cancel or Modify Sweepstakes. GoldSilver reserves the right to suspend, discontinue, cancel or modify the terms of the Sweepstakes if GoldSilver determines, in its sole discretion, that any fraud, human error, technical issue or any other factor has impaired or threatens to impair the integrity and/or proper functioning of the Sweepstakes, or in the event of any force majeure event (as described in Section 12 below) that prevents GoldSilver from performing any of its obligations under these Rules or otherwise interferes with any aspect of the Sweepstakes. Notice of any such suspension, discontinuation, cancellation or modification of the Sweepstakes will be posted on the Sweepstakes page on the GoldSilver website. In the event GoldSilver discontinues the Sweepstakes, GoldSilver, in its sole discretion, may elect to hold a random drawing from among all eligible entries received up to the time the Sweepstakes was discontinued to select a Potential Winner.
- Rights to Disqualify and Seek Damages and/or Prosecution. GoldSilver reserves the right, in its sole discretion, to disqualify any individual or entity it determines or suspects to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of these Rules or the rules for any other GoldSilver promotion or to be acting in an illegal or disruptive manner. Any attempt by any individual or entity to intentionally undermine the legitimate operation of the Sweepstakes may be a violation of criminal and/or civil law, and GoldSilver reserves the right to seek damages from any such individual or entity to the fullest extent permitted by applicable law and/or to pursue criminal charges against them.
- Force Majeure. GoldSilver will not be liable under any legal theory for any failure to perform any obligation in connection with the Sweepstakes, whether under these Rules or otherwise, which failure is caused directly or indirectly by a force majeure event, including, without limitation, any act of God, fire; war, insurrection, riot, epidemic or pandemic, governmental action or refusal to act, communications failure or power failure, internet outage, any exchange or market ruling or any other cause beyond the reasonable control of GoldSilver.
- Release by Entrants. To the fullest extent permitted by applicable law, by participating in the Sweepstakes, each Entrant agrees to release and hold harmless GoldSilver, its parents and affiliated companies and their respective parents, affiliates, suppliers, distributors and advertising agencies, and each such entity’s officers, directors, managers, members, employees, agents and other representatives, together with all successors, assigns and legal representatives of each of the foregoing (collectively, the “Released Parties”), from and against any and all claims, causes of action, injuries, losses and damages, including, without limitation, claims, causes of action, injuries, losses, damages, and fees and expenses of legal counsel, arising out of or relating to personal injury, death or damage to or loss of property or based on publicity rights, invasion of privacy or defamation, arising in any manner, directly or indirectly, from these Rules, participation in the Sweepstakes and/or delivery, possession or use of the Prize.
- Disclaimers. To the fullest extent permitted by applicable law, neither GoldSilver nor any of the other Released Parties shall have any liability for or otherwise be responsible for any of the following, even if caused by the acts or omissions of one or more Released Parties: (i) any incorrect or inaccurate information in connection with the Sweepstakes, whether caused by Entrants, by printing or publishing errors or by any of the equipment or software used in or otherwise associated with the Sweepstakes; (ii) any technical malfunctions or other technical problems of any kind, including, without limitation, with respect to any telephone network, computer network, computer dating mechanism, computer equipment, software or internet service; (iii) any Entrant’s inability to access the GoldSilver website or access or participate in the Sweepstakes due to any hardware or software compatibility problem; (iv) any unauthorized human intervention in any aspect of the Sweepstakes, including the entry process; (v) any technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; (vi) the failure of any email to be received or any electronic Sweepstakes entry to be recorded due to technical issues and/or traffic congestion on the Internet, any network or at any website, (vii) the failure of any email regarding the Sweepstakes to be delivered to an Entrant due to an email filter or any other cause; (viii) any injury or damage to any device, software or data resulting from participation in the Sweepstakes, the submission of any entry and/or the downloading of any materials relating to the Sweepstakes; or (ix) any late, lost, undeliverable, damaged or stolen mail. If, for any reason, GoldSilver confirms that any entry from any Entrant has been mistakenly deleted, lost, corrupted or destroyed, such Entrant’s sole remedy will be to receive a substitute entry in the Sweepstakes, provided the same is feasible.
- Governing Law. These Rules shall be governed by, and all questions and issues concerning the validity, interpretation and enforceability of these Rules, and the rights and obligations of all Entrants and GoldSilver in connection with the Sweepstakes, shall be construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of laws rules (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.
- Disputes. To the fullest extent permitted by applicable law, by participating in the Sweepstakes, each Entrant agrees that any and all disputes, claims, proceedings, or causes of action arising out of or in connection with the Sweepstakes and/or the Prize (collectively, “Disputes”) shall be resolved individually, without resort to any form of class action. Each Entrant hereby irrevocably agrees to submit to the exclusive jurisdiction of the state or federal courts located in the City of New York, Borough of Manhattan, for the adjudication of any Dispute arising out of, connected to, or in any manner whatsoever relating to the Sweepstakes, and irrevocably waives and agrees not to assert in any Dispute that they are not personally subject to the jurisdiction of any such court, or that any such court is an improper or inconvenient forum.
To the fullest extent permitted by applicable law, by participating in the Sweepstakes, each Entrant further agrees that (i) any and all claims, awards and judgments in favor of an Entrant shall be limited to actual out of pocket costs incurred by such Entrant in connection with the Sweepstakes, but specifically excluding any attorneys’ fees or costs; and (ii) under no circumstances will such Entrant be permitted to obtain any award for, and such Entrant hereby irrevocably waives all rights to claim, any and all special, incidental, indirect, consequential and punitive damages and all other damages other than such actual out of pocket expenses incurred by such Entrant in connection with the Sweepstakes, but specifically excluding any attorneys’ fees or costs, and any and all rights to have damages multiplied or otherwise increased. .
- No Waiver. No delay or failure on the part of GoldSilver in enforcing any provision of these Rules or in exercising any legal right or remedy it may have shall be deemed to constitute a waiver of such provision, right or remedy. In addition, no partial exercise by GoldSilver of any legal right or remedy it may have shall preclude the further exercise by GoldSilver of such right or remedy or its exercise of any other right or remedy it may have.
- Severability. If any provision of these Rules is determined by any court of competent jurisdiction or arbitrator to be invalid, illegal or unenforceable to any extent, that provision shall, if possible, be construed as though more narrowly drawn, if a narrower construction would avoid such invalidity, illegality or unenforceability, or, if that is not possible, such provision shall, to the extent of such invalidity, illegality or unenforceability, be severed from these Rules, and the remaining provisions of these Rules shall remain in effect.
- Consent to Use. Except where prohibited by applicable law, by virtue of participating in the Sweepstakes, the Winner consents to the use by GoldSilver and its agents and representatives of the Winner’s first name, first initial of last name and state of residence for the purpose described in Section 21, without further payment or consideration.
- Winner’s Name. After confirmation of the winning entry, the Winner’s first name, first initial of last name and state of residence will be posted on the GoldSilver website, including but not limited to at the Sweepstakes page as provided above. To obtain the same information for the Winner by email, send an email to email@example.com with the subject: “Precious Metals Sweepstakes Winners Name Request” and include the applicable Sweepstakes Period in your request.