Official Giveaway Rules

Official Giveaway Rules

Official Rules

Effective Date: September 2023

Application to Giveaways. These Official Rules (“Official Rules”) apply to every giveaway and promotion (each a “Giveaway,” and collectively, “Giveaways”) held by Dashboard Earth Inc., a Delaware public benefit company ("Dashboard.earth"). However, specific Giveaways may have specific rules in addition to these Official Rules. In such cases, Dashboard.earth will publish such specific rules on the page for such Giveaway. Where such specific rules differ from these Official Rules, the specific rules will control unless a rule in these Official Rules is expressly provided herein to control (in which case such specific rule herein shall control over the conflicting specific rule).

No Purchase Necessary. NO PURCHASE, PAYMENT OR FINANCIAL CONTRIBUTION OF ANY KIND IS NECESSARY TO ENTER OR WIN ANY GIVEAWAY. A PURCHASE, PAYMENT OR FINANCIAL CONTRIBUTION WILL NOT INCREASE YOUR CHANCES OF WINNING. THERE IS NO COST TO ENTER ANY GIVEAWAY, AND ALTERNATE METHODS OF ENTRY ARE ALWAYS AVAILABLE FOR ALL GIVEAWAYS. NOTWITHSTANDING ANY PROVISION OF THESE OFFICIAL RULES, THE SPECIFIC RULES ON ANY GIVEAWAY PAGE OR ANY OTHER REPRESENTATION, THE GIVEAWAY AND ENTRIES ARE VOID WHERE OTHERWISE PROHIBITED OR RESTRICTED BY LAW THROUGH NO FURTHER ACT OF ANY PARTY. ALL FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS APPLY.

Methods of Entering a Giveaway. Our Giveaways are always free to enter. To enter a giveaway:

Download the Dashboard.earth app following the instructions on our website, www.dashboard.earth.

Follow instructions in our app to create an account.

In the app, log climate actions to earn entries into a Giveaway.

Maximum Number of Entries. Unless otherwise expressly provided in a specific Giveaway, a maximum of 7 entries can be made for each Giveaway. ALL ENTRIES ARE EQUALLY ELIGIBLE FOR ALL GIVEAWAYS REGARDLESS OF YOUR ENTRY METHOD.

Entry Eligibility.

(a) Contestants. Persons in any of the following categories are NOT eligible to participate or win prizes in a Giveaway: any person who on or after January 1, 2023, was or is: (a) a director, officer, employee, agent, or independent contractor of Dashboard.earth or any charity participating in a Giveaway, or the applicable parent company, subsidiaries, affiliates or service agencies; or any entities retained by such person for the administration of the Giveaway; (b) an individual engaged in the development, production or distribution of the Giveaway materials or the prize supply for the Giveaway; and (c) an immediate family member (defined as spouse, IRS dependent, or biological, adoptive or stepmother, father, sister, brother, daughter or son, and each of their respective spouses) of, or who resides in the same household as, any person in any of the preceding categories. .

(b) US Entries. Unless otherwise expressly provided in a specific Giveaway, Giveaways are only open to legal residents of Los Angeles County, California, USA. PLEASE CONTACT US AT HELLO@DASHBORD.EARTH TO DETERMINE IF A GIVEAWAY IS ALSO OPEN IN YOUR COUNTRY, STATE, OR PRINCIPALITY.

(c) Eligibility Frequency Limits. From time to time Dashboard.earth may set limitations on how frequently someone can be eligible to win more than one Major or Minor prize within a specified time period. In those cases, a "Major" prize is one that has an estimated retail value of Five Hundred United States Dollars ($500.00 USD) or more. A "Minor" prize is one that has an estimated retail value of less than Five Hundred United States Dollars ($500.00 USD).

(d) Prize Limitations. The applicable laws and regulations of your place of residence may allow you to enter a Giveaway but not allow you to receive the prize from winning such Giveaway. Dashboard.earth is not obligated to deliver a prize or allow your entry into a Giveaway if such delivery or entry would violate applicable law or regulations.

(e) IT IS YOUR RESPONSIBILITY TO CONFIRM (i) YOUR ELIGIBILITY TO ENTER A GIVEAWAY, (ii) WHETHER OR NOT A GIVEAWAY IS OPEN IN YOUR PLACE OF RESIDENCE, (iii) ANY ELIGIBILITY FREQUENCY LIMITS APPLICABLE TO YOU AND (iv) ANY SPECIFIC RESTRICTIONS ON ACCEPTANCE OR RECEIPT OF THE GIVEAWAY PRIZE(S) APPLICABLE TO YOU BEFORE ENTERING A GIVEAWAY OR CLAIMING A PRIZE. IN ALL CASES, NOTWITHSTANDING ANY PROVISION OF THESE OFFICIAL RULES, THE SPECIFIC RULES ON ANY GIVEAWAY PAGE OR ANY OTHER REPRESENTATION, GIVEAWAYS ARE VOID WHERE PROHIBITED BY LAW AS DESCRIBED IN SECTION 2 ABOVE.

Entry Window. The start and end date for each Giveaway is listed on the page for that specific Giveaway. Unless otherwise specified, entries for a Giveaway are first accepted at 12:00:01 A.M. PST and not accepted after 11:59:59 P.M. PST on the days specified on the page for such Giveaway. As part of a Giveaway and in addition to the Giveaway prize, Dashboard.earth may offer "flash prizes" that are expressly marked as "flash prizes" under a Giveaway's specific rules ("Flash Prizes"). Each Flash Prize offer shall have an entry period and prize amount as specifically provided for such Flash Prize under the applicable specific Giveaway rules. A winner of a Flash Prize will win the applicable amount marked as such Flash Prize and will not be or become, by virtue of winning such Flash Prize, the winner of the Giveaway under which such Flash Prize is offered. An entry into a Flash Prize offer under a Giveaway shall provide the recipient with both an entry into such Giveaway and into such Flash Prize. However, the winner of a Flash Prize shall be chosen separately from the winner of the Giveaway under which such Flash Prize is offered.

Notification of Win. Within ten (10) business days of a Giveaway closing, Dashboard.earth will use an automated random drawing process, administered by Dashboard.earth, to draw a potential winner for that Giveaway. A confirmation process, which may include a background check, will then take place to ensure the potential winner meets the required standards. The winner and (if applicable) his or her guest(s) agree to cooperate fully with Dashboard.earth in Dashboard.earth conducting any background check(s), which includes providing information requested by Dashboard.earth including, but not limited to, full legal names and addresses. Pending a positive outcome of the confirmation process, a Dashboard.earth representative will notify the potential winner via email and/or phone. The potential winner must respond within the time period designated in the notification (or otherwise within five (5) days of such attempt at notification by Dashboard.earth if no time period is given in the notification), or Dashboard.earth may, in its sole and absolute discretion, either (i) select another randomly drawn potential winner in accordance with this Section 7, or (ii) continue to attempt notification of the existing potential winner until such time as Dashboard.earth makes successful contact with such existing potential winner or decides, in Dashboard.earth's sole and absolute discretion, to select another randomly drawn potential winner in accordance with this Section 7. Before confirming a potential winner as the winner, Dashboard.earth may require the potential winner to confirm their eligibility. Upon such confirmation, the potential winner and guest(s) must execute and return all required documents within the time frame specified by Dashboard.earth. If the potential winner and guest do not execute and return all required documents within the time frame specified by Dashboard.earth, they will forfeit the prize and Dashboard.earth will move on to another randomly drawn potential winner. Potential winners as well as their travel companions/guests are also required to sign a liability/publicity release prior to issuance of tickets. Additionally, travel companions/guests of the winner may be subject to a background check, which may impact their ability to participate in the prize.

Prize Conditions. Dashboard.earth describes each prize at the applicable Giveaway page and in any special Giveaway rules, including the approximate retail value for that prize. Some prizes have additional restrictions or conditions posted on the Giveaway page for such prize. For all travel prizes, the winner must travel on the dates and itinerary specified by Dashboard.earth and all airfare is coach class and hotel accommodations are standard class, unless otherwise specified. Any meetings with celebrities are subject to security and background checks. The winner is responsible for obtaining all necessary travel authorizations, visas, or other documentation. All expenses are your responsibility. Travel restrictions, conditions and limitations may apply. The prize value may vary depending on point of departure, travel dates and fare/rate fluctuations. Dashboard.earth is not responsible for any cancellations, delays, diversions or substitutions, or any act or omission of any third person with respect to a prize or trip. Lost or stolen tickets, travel vouchers or certificates or similar items once they are in your possession, will not be replaced. Winner and guest must travel on the same itinerary. If you or your guest are, in our opinion or the opinion of our partners, obnoxious, threatening, abusive, or harassing before or during the trip or prize, Dashboard.earth and its partners reserve the right to deny or terminate the trip or prize, in whole or in part, and move on to the next randomly drawn winner if the prize has not yet been delivered. Your guest must be of legal age of majority in his/her jurisdiction of residence, or your child or legal ward (unless otherwise approved by us). If you live within a one hundred (100) mile radius of the site where the prize is to be performed, Dashboard.earth may provide ground transportation or a stipend for ground transportation instead. Additionally, any and all expenses not specified above, including, but not limited to, checked baggage fees, meals and gratuities, are the sole responsibility of the winner and the winner's guest(s). Prizes cannot be transferred or substituted, except Dashboard.earth can substitute a prize of equal or greater value in Dashboard.earth's discretion. Unless otherwise specified in the specific Giveaway rules, in the event that a portion of a prize goes unused, it may not be substituted, transferred, or redeemed for cash. You will be responsible for any taxes resulting from winning or entering into a Giveaway. Upon your written request to hello@deashboard.earth. Dashboard.earth will give you a Form W-9 to verify Dashboard.earth's tax identification number. All winners that receive a prize will be issued a Form 1099 to extent required by applicable law.

Prize Payout. Notwithstanding any provision of these Official Rules, the specific rules on any Giveaway page or any other representation, Dashboard.earth, in its sole and absolute discretion, may either (a) award the prize specified in such specific rules or (b) award the “Cash Alternative” amount provided in the specific rules for such Giveaway. If a prize is awarded in cash pursuant to this Section 9, Dashboard.earth may pay such cash amount in up to three hundred and sixty (360) equal successive, monthly installments.

Award of any Vehicle. Unless otherwise noted in the specific rules on any Giveaway page, winners are solely responsible for all taxes, costs, and fees associated with any vehicle receipt, ownership, and/or use. The winner will not be eligible for any cash rebate programs, must have a valid driver’s license, proof of insurance, and must take delivery of the vehicle at a location specified by Dashboard.earth. For any prize vehicle, neither Dashboard.earth, any Giveaway partner, nor the vehicle manufacturer has made nor is responsible or liable for any warranty, representation, or guarantee express or implied, in fact, or law, relative to the prize vehicle, including but not limited to its quality, mechanical condition or fitness. NOTWITHSTANDING ANY PROVISION OF THESE OFFICIAL RULES, THE SPECIFIC RULES ON ANY GIVEAWAY PAGE OR ANY OTHER REPRESENTATION, A GIVEAWAY INVOLVING A MOTOR VEHICLE AS A PRIZE SHALL BE LIMITED TO LEGAL RESIDENTS OF THE UNITED STATES.

Uses of Information. When you enter a Giveaway, Dashboard.earth will collect some information about you. Check out our Privacy Policy at https://www.dashboard.earth/privacy to see what information Dashboard.earth collects and how Dashboard.earth will use it. If you choose to enter a Giveaway, you agree to the terms of the Privacy Policy and collection and use of information as set out therein.

Important Legal Terms. The Giveaway prize providers involved in the Giveaway and the persons providing prizes, and each of their respective parent companies, affiliates, subsidiaries, successors, assigns, agents, representatives, officers, directors, shareholders, and employees (collectively, the "Released Parties"), are not responsible for illegible, lost, late, incomplete, misdirected, or undeliverable email; or for any computer, telephone, satellite, cable, network, electronic or internet hardware or software malfunctions, failures, connections, or availability, or garbled, corrupt or jumbled transmissions, service provider/internet/website/use net accessibility, availability, or traffic congestion, or any technical, typographical, or other error, or unauthorized human intervention, or the incorrect or inaccurate capture of registration information, or the failure to capture, or loss of, any such information. By entering a Giveaway, you agree: (a) to be bound by these Official Rules, the specific rules for the Giveaway, and by all applicable laws and decisions of Dashboard.earth, which shall be binding and final; (b) to waive any rights to claim ambiguity with respect to these Official Rules, the specific rules for the Giveaway, or any other representation; (c) to waive all of your rights to bring any claim, action, or proceeding against any of the Released Parties in connection with that Giveaway; and (d) to forever and irrevocably agree to release, defend, indemnify, and hold harmless each of the Released Parties from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability costs and expenses (including, without limitation, reasonable outside attorneys’ fees), whether brought, sought, or suffered by you or a third party, that may arise in connection with your entry, creation or submission of an entry or participation in a Giveaway (including any Giveaway prize or cash payout), acceptance, possession, attendance at, defect in, delivery of, inability to use, use or misuse of a prize (including any travel or activity related thereto) and/or the broadcast, exploitation or use of entry. In the event of a dispute regarding entries received from multiple users having the same email account, the authorized subscriber of the email account at the time of entry will be deemed to be the participant and must comply with these rules. Authorized account subscriber is the natural person who is assigned the email address by the Internet Service Provider (ISP), online service provider, or other organization responsible for assigning email addresses. NOTWITHSTANDING ANY OTHER PROVISION OF THESE OFFICIAL RULES, THE SPECIFIC RULES ON ANY GIVEAWAY PAGE OR ANY OTHER REPRESENTATION, ALL PRIZES (INCLUDING FLASH PRIZES) ARE PROVIDED “AS IS” WITHOUT WARRANTY OR GUARANTEE OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND DASHBOARD.EARTH HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.

Venue and Damages. All disputes and disagreements between us, including concerning the construction, validity, interpretation, and enforceability of these Official Rules will be governed by the internal laws of the State of California without effect to its conflict of laws rules or principles that would cause the application of the laws of any other jurisdiction. The parties agree to bring any and all claims only in the Federal and State courts located in Los Angeles County. To the fullest extent permitted by law, you also agree that unless you are prohibited from law in doing so, you promise you will individually bring any and all disputes, claims and causes of action against Dashboard.earth, without resort to any form of class action. Under no circumstances in shall you be permitted to obtain awards for, and you hereby waive all rights to, punitive, incidental, or consequential damages, including reasonable attorney’s fees, other than your actual out-of-pocket expenses (i.e. costs associated with entering Giveaways). You further waive all rights to have damages multiplied or increased.

Transfer. The transfer or attempted transfer of status as a winner of a Giveaway is strictly prohibited.

General Conditions. By participating in a Giveaway, each participant agrees to abide by and be bound by these Official Rules, the specific rules for a particular Giveaway, and the decisions of Dashboard.earth. All such decisions shall be final, binding and non-appealable. Prizes and Giveaway wins are non-assignable and non-transferable. Unless expressly provided in the specific page rules of a Giveaway or in these Official Rules, no prize substitutions or cash redemptions of any prize or any portion thereof are allowed, offered or available. Dashboard.earth reserves the right in its sole discretion to substitute any prize or portion thereof of equal or greater value if any prize or portion thereof is unavailable for any reason. Details of prizes or portions thereof not specified herein, if any, will be determined at the sole discretion of Dashboard.earth. Each Giveaway participant hereby grants Dashboard.earth the irrevocable, unrestricted worldwide right to use, publish, display, broadcast and distribute materials bearing such participant's name, voice, image, likeness and/or any other identifiable representation of such participant, including, but not limited to, content provided by or statements attributable to such participant ("Participant's Likeness"). Each participant agrees that all materials containing such Participant's Likeness shall be and remain the sole and exclusive property of Dashboard.earth, and such participant hereby assigns any and all rights in or to such material to Dashboard.earth and releases and forever discharges Dashboard.earth from any and all claims, liabilities and damages relating to the use of Participant's Likeness. Participant hereby waives any and all rights to inspect or approve Dashboard.earth's use of the submission or Participant's Likeness, or any part or element thereof. Each prize winner shall be responsible for all federal, state and/or local income taxes incurred in association with acceptance of the prize. By participating in a Giveaway, each participant agrees that Dashboard.earth, its parent company, subsidiaries, affiliates, franchisees, local advertising cooperatives, advertising/promotion agencies, and all of their respective directors, officers, employees, representatives, and agents (the "Giveaway Entities") shall not be responsible or liable for: (a) miscommunications, printing errors, clerical, typographical or other error in any Giveaway materials or printed copy or artwork, or any prize offering announcement; (b) any errors of any kind, whether human, mechanical, clerical, electronic, digital or technical in nature, or unauthorized human intervention; or (c) any losses, damages or injuries of any kind, including but not limited to those related to defamation, portrayal in a false light or privacy rights, resulting from or in connection with participation in any Giveaway or from acceptance, receipt, possession and/or use or misuse of a prize, including from the posting or publication of any information or portion thereof online or in any media. All Giveaways are subject to all applicable federal, state and local laws and regulations. Any prizes that are not duly claimed in accordance with these Official Rules will not be awarded.

Prize Conditions. Any and all costs, fees, and expenses not expressly stated in the prize description are the sole responsibility of the prize winner. Any difference between the approximate retail value and the actual value will not be awarded.

Miscellaneous.

(a) DISQUALIFICATION. IT IS THE PARTICIPANT'S RESPONSIBILITY TO ENSURE COMPLIANCE IN ALL RESPECTS WITH THESE OFFICIAL RULES AND WITH THE SPECIFIC RULES FOR A GIVEAWAY. DASHBOARD.EARTH RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO DISQUALIFY ANY INDIVIDUAL WHO TAMPERS WITH THE ENTRY PROCESSES OR THE OPERATION OF ANY AND ALL GIVEAWAYS; ACTS IN VIOLATION OF THESE OFFICIAL RULES; OR ACTS WITH THE INTENT TO DISRUPT OR UNDERMINE THE LEGITIMATE OPERATION OF THE GIVEAWAYS, OR TO ANNOY, ABUSE, THREATEN OR HARASS ANY OTHER PERSON. DASHBOARD.EARTH RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

(b) Force Majeure. Dashboard.earth reserves the right, without prior notice and at any time, to terminate a Giveaway, in whole or in part, or modify or suspend a Giveaway, or any portion thereof, in any way, if it determines, in its sole discretion, that the Giveaway is impaired or corrupted or that fraud, breach of confidentiality, or technical problems, failures or malfunctions have destroyed or severely undermined the integrity and/or feasibility of the Giveaway. In the event Dashboard.earth is prevented from continuing with a Giveaway 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 Dashboard.earth's control (each a "Force Majeure" event or occurrence), then subject to any governmental approval which may be required, Dashboard.earth shall have the right to modify, suspend, or terminate the Giveaway. Only the type and quantity of prizes described in these Official Rules will be awarded. If, due to printing, production, or human errors, or for any reason, more potential winners in any prize category come forward seeking to claim prizes in excess of the number of each type of prize as set forth in these Official Rules, the winners, or remaining winners, as the case may be, of the advertised number of prizes available in the prize category in question will be selected by Dashboard.earth in a random drawing from among all persons making purportedly valid claims for such prize(s) in that prize category. Inclusion in such drawing shall be each participant's sole and exclusive remedy under such circumstances.

(c) Severability. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. 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. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Giveaway materials and these Official Rules, these Official Rules shall prevail, govern and control.

(d) Language. In the event there is a discrepancy or inconsistency between the English language version and any other language version of these Official Rules and/or of any Giveaway materials, the English version shall prevail, govern and control.

Conjunction with Terms of Service and Privacy Policy. The terms of these Official Rules are subject to the Terms of Service and Privacy Policy available at www.dashboard.earth and, except as otherwise expressly provided herein or therein, no provision of any such agreement or document is intended to supplant or replace any provision of any other document.