Official Sweepstakes Rules and Regulations
NO PURCHASE, PAYMENT, OR DONATION OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE, PAYMENT, OR DONATION WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHEREVER PROHIBITED BY LAW.
MS Solutions, Inc., EIN 82-3105158, aka MS Solutions (the “Sponsor”), a nonprofit organization that has applied for recognition or has been granted status as a tax-exempt nonprofit organization under Section 501(c)(3) (or subsections under Section 501(c) that are allowed to accept contributions) of the Internal Revenue Code, is conducting a Sweepstakes (the "Sweepstakes") to raise funds for MS Solutions, Inc. in Worcester, MA. By obtaining an Entry in the Sweepstakes, the entrant (“Entrant” or “Participant”) agrees to be bound by these Official Rules (“Official Rules”). The Sponsor's interpretation and application of the Official Rules shall be final.
There are four (4) methods of entry (as further outlined below).
The Sweepstakes is open to anyone 18 years or older or the age of majority in Entrant’s local jurisdiction, if older. Persons who reside in an OFAC-sanctioned country or who appear on the U.S. Department of the Treasury’s Specially Designated Nationals List (SDN List) are not eligible to participate in the Sweepstakes. Excluded countries include, without limitation, Balkans, Belarus, Burma, Cote D'Ivoire (Ivory Coast), Cuba, Democratic Republic of Congo, Iran, Iraq, Liberia, North Korea, Russia, Sudan, Syria, and Zimbabwe, and where prohibited by law. Unless otherwise specified, employees, agents, officers of the Sponsor and their respective affiliated companies, partners, advertising agencies, promotion and administration agencies and any entity which is involved in any aspect of the creation, production, operation, execution, or fulfillment of this Sweepstakes and their immediate families and those living in the same household, whether or not related, are not eligible to enter the Sweepstakes. Entries will not be accepted from inmates of a correctional facility.
When to Enter:
The Sweepstakes begins on September 28, 2023 and ends at 11:59pm EDT on August 25, 2024 (“Sweepstakes Entry Period”). Entries received outside the Sweepstakes Entry Period will be ineligible and will be discarded.
How to Enter:
Any eligible person may enter the Sweepstakes by obtaining an official numbered Sweepstakes ticket (“Entry”) from the Sponsor during the Sweepstakes Entry Period. Entries may be obtained using the following options. An eligible person may use multiple entry methods:
Making a Donation Online: During the Sweepstakes Entry Period, to obtain Entries by making a donation online, (i) go to the MS Solutions, Inc. Sweepstakes Entry page at https://www.tapkat.org/ms-solutions/VEJpj9 (“Sweepstakes Site”); (ii) select your desired donation amount; (iii) complete the required fields, including your first name, last name, email, phone number, and address, and click “Continue”; (iv) enter your credit card payment information and click “Complete Donation”; (v) once your donation is submitted, Sponsor will send you a donation receipt with your Entry number(s) via email.
Make a Donation via Mail: During the Sweepstakes Entry Period, to obtain Entries by making a donation through the mail, (i) mail an envelope containing your donation and contact details, namely first name, last name, email, phone number, and address, to MS Solutions, Attn: Sweeptakes Entries, P.O. Box 443, Worcester, MA 01613; (ii) once your donation is received and accepted by Sponsor, Sponsor will send you a donation receipt with your Entry number(s) via email. In order to be eligible to enter the Sweepstakes, mailed donations must be postmarked by the Sweepstakes end date, and must be received by Sponsor within five (5) business days thereafter.
Mail Non-Donation Entry Method: During the Sweepstakes Entry Period, to obtain an Entry without making a donation, (i) go to the Sweepstakes Site; (ii) click the “Click here to enter without a donation” link; (iii) click “Enter by Mail”; (iv) complete the required fields, including your first name, last name, email, phone number and address, and click “Submit Request”; (v) after you submit your request, you will be redirected to an Alternative Method of Entry page with a QR code. Print this mailer, follow the mailer instructions and mail postage paid to: Sweepstakes Entry, 6525 Gunpark Drive, Suite 370-505, Boulder, CO 80301; (vi) once your ticket request is received, Sponsor will send you a ticket receipt with your Entry number via email. To be eligible, mailers must be postmarked during the Sweepstakes Entry Period and must be received by Sponsor within five (5) business days thereafter. Mailers must be hand addressed by the Entrant and each request must be mailed individually. Any bulk shipments of ticket request mailers will not be processed or entered into the Sweepstakes.
In Person Entries: Donation Entries may be accepted by Sponsor in person. Such Entries will be processed in accordance with Section 1 above.
Only one person may be entered in the Sweepstakes per Entry. If the name of more than one person is submitted with an Entry, and that Entry is selected as a winning Entry, then the person named first will be deemed the holder of record of that Entry and declared the potential winner. The Sponsor will not, and is not obligated to, assign the Prize(s) to any person other than the verified Prize winner(s). In the event of a dispute regarding the identity of any Entrant, the authorized account holder of the email address used to enter the Sweepstakes will be deemed to be the Entrant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider.
All defective or physically altered Entry forms will be immediately disqualified by the Sponsor. Prior to the Prize drawing(s), the Sponsor will make a reasonable effort to notify the individual and/or entity that submits such an Entry form which has been rejected, by attempting to make contact through the information provided at the time of submitting the Entry request. The Sponsor assumes no responsibility for lost, late, or misdirected entries, or any other failure to receive orders or deliver receipts prior to the Sweepstakes deadlines.
Participants must supply truthful and accurate information in regards to the Participant’s name, email address, phone number and street address when requesting an Entry. Failure to supply truthful and accurate information will disqualify a Participant’s Entry. Any attempt by any Participant to obtain more than the stated number of Entries or Entries by using multiple/different email addresses, phone numbers, identities, registrations and logins, or any other methods will void that Participant’s Entries and that Participant will be disqualified.
Additional Donation Entry Terms: Entries obtained by a donation to the Sponsor will be issued in the following increments: (1) $25 for 18 tickets; (2) $50 for 40 tickets; (3) $100 for 90 tickets; (4) $200 for 200 tickets; (5) $350 for 400 tickets; (6) $500 for 650 tickets; (7) $750 for 1150 tickets; and (8) $1,000 for 1750 tickets. From time to time, Sponsor may make promotional offers where Entrants can obtain additional Entries. The Sponsor reserves the right to reject any donation Entry that does not constitute "good funds."
Subject to a minimum of $350,000 in donation proceeds received during the Sweepstakes Entry Period, the Prize is either a 2024 Corvette Z06 + $20,000 or $100,000 in cash (“Prize”). In the event less than $350,000 in donation proceeds are received during the Sweepstakes Entry Period, the Sponsor will award 25% of the total donation proceeds to the qualified selected winner. As used herein, the term “total donation proceeds” means the gross proceeds received by the Sponsor from donations for Entries in the Sweepstakes. The determination by the Sponsor will be binding in all events other than a manifest error made by the Sponsor in the computation of the gross donations of the Sweepstakes.
Prizes identified, logos, brands and other trademarks referred to herein are the property of their respective trademark holders.
The odds of winning the Prize(s) depend on the total number of eligible Entries received.
Selection of Winner:
The Sweepstakes for the Prize(s) will be conducted by the Sponsor at 5:00pm EDT on August 31, 2024 at Worcester, Ma. The Entry will be drawn at approximately 5:00pm EDT on August 31, 2024 from all eligible Entries. Winner need not be present to win.
Winner(s) will be notified according to the contact information provided to the Sponsor at the time of the entry. Potential Winners must respond to the potential Winner notification within 30 days. If a potential Winner fails to respond to the notification email within the 30 day period, the potential Winner may be disqualified and, in such instances, will forfeit any claim to any of the Prizes(s) and Sponsor may, at its discretion, select an alternate potential Prize winner from all remaining valid Entries. If selected as a potential Prize winner, Canadian Entrant(s) will be required to accurately complete a time-based math question in order to be eligible to receive a Prize. Failure by potential Prize winner to respond to the initial verification, or failure by Canadian Entrant(s) to correctly answer the skill question, within 48 hours of notification may result in disqualification, and Sponsor may, at its discretion, select an alternate potential Prize winner from all remaining valid Entries. No more than the stated number of Prizes will be awarded.
In order to collect his or her Prize(s), a Prize winner must sign and deliver to the Sponsor: (a) a sworn affidavit of eligibility in accordance with these Rules and Applicable Laws, including, without limitation, that he or she is at least 18 years old; (b) such written information as is required by any applicable tax and/or property or vehicle title or registration laws, including, without limitation, his or her Social Security Number; (c) proof of identity in forms satisfactory to the Sponsor showing that the person claiming the Prize(s) is the same person who is named on the winning ticket and (d) a signed Liability and Publicity Release.
The winner of the Prize(s) authorizes the Sponsor to report the award of the Prize(s) in accordance with applicable law. Prize winners must pick up their Prize(s) or arrange for delivery of their Prize(s), except the Sponsor will deliver cash Prizes to Prize winners by U.S. mail, wire transfer, or other mutually acceptable means.
All non-stated options and features of the Prize are in Sponsor's discretion and subject to availability. If a vehicle is part of the Prize and where insurance is required under law, Prize winner must provide proof of insurance and a valid driver's license in order to receive the Prize. For purposes of federal taxes, the net fair market value of a Prize, plus any published cash award applied toward the tax requirement, as of the date Prize winner receives the Prize, will determine the net fair market value of the Prize, not the approximate current retail value of the Prize. Prize winner is solely responsible for all taxes resulting from winning a Prize, including all federal, state, and local, taxes, fees, assessments, sales tax, and other similar charges.
Entrants may request the name of the winner or winners by sending a request entitled “Name of Winners” and a self-addressed stamped #10 envelope to: MS Solutions, Attn: Sweeptakes Entries, P.O. Box 443, Worcester, MA 01613.
Acceptance of the Prize(s) constitutes permission for the Sponsor and/or its designees to use the Prize winner’s name, hometown, photograph, testimonial, or other likeness and/or Prize information or personal exposition (and/or any edited portion thereof) for promotional, advertising, and/or publicity purposes in any media, now or hereafter known, throughout the world in perpetuity, without compensation or notice to, or further consent of, the Prize winner, to the extent permitted by law.
General Terms and Conditions and Limitation of Liability:
BY ENTERING THIS SWEEPSTAKES, EACH PARTICIPANT RELEASES THE SPONSOR, TAPKAT, AND EACH OF THEIR DIRECTORS, OFFICERS, EMPLOYEES AGENTS, VOLUNTEERS, OR REPRESENTATIVES (“RELEASED PARTIES”) FROM ANY AND ALL LIABILITY FOR INJURIES, LOSSES OR DAMAGES OF ANY KIND CAUSED BY PARTICIPATING IN THE SWEEPSTAKES OR WINNING ANY PRIZE OR RESULTING FROM ACCEPTANCE, POSSESSION, USE OR MISUSE OF THE PRIZE, AND THE WINNER AGREES TO INDEMNIFY AND HOLD THE RELEASED PARTIES HARMLESS FROM ANY AND ALL LOSSES, DAMAGES, RIGHTS, CLAIMS AND ACTIONS OF ANY KIND ARISING FROM, IN CONNECTION WITH, OR AS A RESULT OF PARTICIPATING IN THE SWEEPSTAKES OR THE WINNER'S ACCEPTANCE OR USE OF THE PRIZE.
The Prize winner or winners assume all fees, local, state and federal taxes (including, but not limited to, income taxes based on the value of the Prize(s)), financing costs (including, but not limited to, closing costs, title insurance, and transfer tax and fees). The Released Parties take no responsibility for any tax liabilities. Consult your tax advisor. This Sweepstakes is void where prohibited by law, and all federal, state and local laws and regulations apply.
A PARTICIPANT'S SOLE AND EXCLUSIVE REMEDY FOR A BREACH BY THE RELEASED PARTIES SHALL BE LIMITED TO THE RETURN OF THE DONATION FOR HIS OR HER SWEEPSTAKES TICKET(S). IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE TO ANY PARTY FOR ANY LOSS OR INJURIES TO EARNINGS, PROFITS OR GOODWILL, OR FOR ANY INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY PERSON OR ENTITY WHETHER ARISING IN CONTRACT, TORT OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The Prize(s) will be transferred to the Prize winner(s) "AS IS, WHERE IS, AND WITH ALL FAULTS." THE RELEASED PARTIES DO NOT PROVIDE ANY GUARANTEE OR WARRANTY, EXPRESSED OR IMPLIED, IN CONNECTION WITH THE PRIZE OR PRIZES AND ACCEPTS NO LIABILITY OR RESPONSIBILITY REGARDING THE CONSTRUCTION OR CONDITION OF THE PRIZE OR PRIZES. THE RELEASED PARTIES DO NOT WARRANT THAT THE PRIZE OR PRIZES ARE OF MERCHANTABLE QUALITY OR THAT THEY CAN BE USED FOR ANY PARTICULAR PURPOSE. NO EXPRESS WARRANTIES ARE GIVEN AND NO AFFIRMATION OF THE RELEASED PARTIES BY WORDS AND/OR ACTIONS WILL CONSTITUTE A WARRANTY. PRIZES CANNOT BE TRANSFERRED, SOLD, SUBSTITUTED, OR REDEEMED FOR CASH BY THE WINNER(S). THE SPONSOR RESERVES THE RIGHT TO SUBSTITUTE A PRIZE OF COMPARABLE OR GREATER VALUE IN THE SPONSOR’S SOLE DISCRETION. PRIZE MAY BE SUBJECT TO AVAILABILITY RESTRICTIONS IN CERTAIN JURISDICTIONS BASED ON LICENSING, IMPORT, MANUFACTURING CONSTRAINTS OR DISTRIBUTION REGULATIONS OR OTHER LEGAL RESTRICTIONS. IN SUCH CIRCUMSTANCES, THE WINNER MAY BE REQUIRED TO ACCEPT A CASH ALTERNATIVE.
EACH ENTRANT 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 RELEASED PARTIES. 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 RELEASED PARTY.”
The Sweepstakes is void where prohibited or restricted by law. The Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes if any fraud or other problem impacts the fair administration, security, or proper play of the Sweepstakes, as determined by the Sponsor at its sole discretion. In such event, the Sponsor reserves the right to award the Prize(s) according to the “Selection of Winner” criteria from among the eligible Sweepstakes Tickets received as of the date of impairment. Notice of such action will be posted. TapKat reserves the right to disqualify any individual it determines, in its sole discretion, has tampered or intends to tamper with the entry process or the operation of the Sweepstakes, or is acting in violation of these Official Sweepstakes Rules and Regulations or in an unsportsmanlike or disruptive manner. The use of robotic, automatic, macro, programmed, photocopied entries, or multiple entries sent in bulk mail, or like methods, including without limitation the use of any promotion/sweepstakes subscription, notification entry or like sites or services that offers sweepstakes entry services “on behalf of” Entrant, is strictly prohibited. Any attempt by any Participant to obtain more than the stated number of Entries by using multiple/different email addresses, phone numbers, identities, registrations and logins, or any other methods will void that Participant’s Entries and that Participant will be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. In the event of a dispute as to any entry application, the authorized account holder of the email address, if applicable, used to register will be deemed to be the Entrant. Except in the case of gift entries, all Entries must be made in the name of the individual and no transfer of ownership of a ticket is permitted. No Entries or requests for Entries will be accepted from or on behalf of, corporations, trusts, partnerships, or other entities. Any attempt to deliberately 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 delay or failure to enforce any term or provision of these Official Sweepstakes Rules and Regulations shall not constitute a waiver of that provision.
All federal and state income taxes based on the value of the Prize(s) will be due from the Prize winner(s). The Sponsor makes no guarantee that the prize winner(s) will be able to sell the Prize(s) for the value of the tax liability, nor is there any guarantee that the Internal Revenue Service (IRS) will accept the value of the Prize(s) for the purpose of determining any income tax that may be due from the Prize winner(s). The Sponsor takes no responsibility for any Prize winner tax liabilities. Prize winner(s) is responsible for the reporting and payment of all taxes (if any) as well as any other costs and expenses associated with acceptance and use of the Prize(s) not specified herein as being awarded.
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 Commercial Arbitration Rules of the American Arbitration Association (“AAA”) (pursuant to its expedited procedures) and held at the AAA 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, Sponsor, and TapKat in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Colorado, without giving effect to any choice of law or conflict of law rules (whether of the State of Colorado or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Colorado.
For information or inquiries regarding this Sweepstakes, contact: firstname.lastname@example.org