The Gemmy Awards

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THE GEMMY AWARDS (“Sweepstakes”)
Official Rules

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING THE SWEEPSTAKES. VOID WHERE PROHIBITED.

1. ELIGIBILITY:The Sweepstakes is open to all legal residents of the fifty (50) United States. Void where prohibited.

2. SWEEPSTAKES SCHEDULE:The “Submission Period” of The Gemmy Awards Sweepstakes begins at 7:00 a.m. Central Time on DECEMBER 5, 2022, and ends at 11:59 p.m. Central Time on DECEMBER 31, 2022.

3. ENTRY DIRECTIONS:To enter the Sweepstakes, an Entrant must visit the Sweepstakes at the Sponsor’s Landing Page [www.nextgem.com/the-gemmys (the “Website”). On the Website, participants must follow the links and instructions to complete and submit a Sweepstakes entry.Limit of one (1) vote entry per category per person regardless of method of entry. Any attempt by any participant to obtain additional entries beyond the limit by using multiple/different email addresses, identities, registrations, or any other methods will void all of that entrant’s entries and that entrant may be disqualified. Multiple entries, mass entries, and entries generated by script, macro, or other automated means or by any means that subvert the entry process will be void. Once submitted, entries cannot be deleted, canceled, or modified. Sweepstakes entrants are only eligible to win either one (1) giveaway prize, or up to fifteen (15) category prizes. All entries must be received by 11:59 p.m. CST during the Submission Period to be eligible to win. Incomplete entries, or those containing incorrect information, will be voided. Proof of sending or submission will not be deemed to be proof of receipt by Sponsor. By participating in this Sweepstakes, Entrants agree to be bound by these Official Rules, Instagram guidelines and the decisions of the Sponsor (or an Administrator designated by the Sponsor), whose decisions are final and binding in all matters relating to the Sweepstakes.

4. OWNERSHIP AND RIGHTS:Participation in this Sweepstakes constitutes Entrant’s permission for the Sponsor to use Entrant’s name, photograph, likeness, statements, biographical information, and location (city and state), in all forms of media, in perpetuity, without notice or further compensation, except as otherwise prohibited by law. By entering this Sweepstakes, Entrants agree that each entry becomes the property of Sponsor and Entrant acknowledges that his/her participation may be posted on Sponsor’s website, Facebook, Instagram, or other social networking sites at the Sponsor’s discretion. Entrant’s information will not be sold.5. PRIZE DETAILS:Prizes will be awarded following the Sweepstakes, upon confirmation of eligibility. Odds of winning a prize depend on the number of eligible entries received. Five (5) voting participants will receive one (1) eBay, Fanatics E-Gift Card, or NextGem Swag (RV: $25) Fifteen (15) category award winners will receive one (1) Custom Trophy (RV: $50) Prize must be accepted as awarded, and prize is awarded “AS IS” with no warranty, representation or guarantee, express or implied, in fact or in law, made by Sponsor or for which Sponsor shall be liable, including, without limitation, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. Gift cards are subject to limitations as stated by the issuer. No substitution, assignment or transfer of a prize is permitted, except by Sponsor, who reserves the right to substitute a prize with another prize of greater or equal value. Winner is solely responsible for any and all costs, fees, taxes and expenses associated with prize award, receipt and use, including, without limitation, all federal, state and local taxes on the prize. If potential winner does not wish to accept the prize, an alternate winner may be selected at random from the pool of eligible entrants. All details of the prize not set forth herein will be determined by Sponsor in its sole discretion. All entrants and Entries are subject to verification prior to the awarding of a prize, as are the eligibility, age and other claims of information provided by a potential prize winner.

THE POTENTIAL SWEEPSTAKES WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR OR ADMINISTRATOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE SWEEPSTAKES.Winners will be notified via email and must respond within 7 days, or the prize will be awarded to a different eligible entrant by random draw. The potential winner must provide Sponsor with all requested information, including the winner’s designated charity, in order to claim the prize. In the event of a dispute as to the ownership of an entrant’s Entry, the natural person who is the authorized account holder of the email address or other address used to enter will be deemed to be the entrant, but only if that person is otherwise eligible to enter the Promotion. The “authorized account holder” is the natural person assigned to an email address or similar electronic address by an Internet access provider, online service provider, or other organization responsible for assigning addresses for the domain associated with the submitted address. Each potential winner may be required to show proof of being the authorized account holder. If a dispute cannot be resolved to Sponsor’s satisfaction, the winning entrant may be deemed ineligible.

6. PROVISIONS RELATED TO SOCIAL NETWORKS:The Sweepstakes is in no way sponsored, endorsed, administered by, or associated with Facebook, Twitter, Instagram, Snapchat, YouTube, Reddit, Pinterest, LinkedIn or any other social networks that are used to share the Sweepstakes. You understand that you are providing your information to the owner of the Sweepstakes and not to Facebook, Twitter, Instagram, Snapchat, YouTube, Reddit, Pinterest, LinkedIn or any other social networks.

7. LIMITATIONS OF LIABILITY AND RELEASE:Sponsor is not responsible for incorrect or inaccurate entry information, whether caused by any of the equipment or programming associated with or utilized in the Sweepstakes, or by any technical or human error, which may occur in the processing of the Sweepstakes entries. Sponsor is not responsible for interrupted or unavailable network server or other connections, miscommunications, failed telephone or computer transmissions or jumbled, scrambled or misdirected entries or transmissions, or for phone, electrical, network, computer hardware or software or program malfunctions, failures or difficulties or for other errors, omissions, interruptions, or deletions of any kind whether human, mechanical or electronic or for any damage to any person’s computer related to participating in the Sweepstakes.Any personally identifiable information collected during an Entrant’s participation in this Sweepstakes will be collected by Sponsor and used by, its respective parents, its affiliates, agents and marketers for purposes of the proper administration and fulfillment of the Sweepstakes and for marketing purposes as described in these Official Rules.

CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVE THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor reserves the right, in its sole discretion, to modify, cancel or suspend this Sweepstakes, and randomly award the prize(s) from among all eligible entries received as of such date should fraud, virus, bugs or other causes beyond the Sponsor’s control corrupt the administration, fairness, proper play or security of the Sweepstakes. Sponsor reserves the right, at its sole discretion, to disqualify any individual (and all of his/her Sweepstakes entries) who tampers with the entry process.

8. CHOICE OF LAW/DISPUTES: This Sweepstakes is subject to all applicable federal, state and local laws and regulations. Entrant agrees that: (a) any and all disputes, claims and causes of action arising out of or connected with this Promotion, or any prizes awarded shall be resolved individually, without resort to any form of class action, and solely and exclusively in a federal or state court located in Hennepin County, Minneapolis, Minnesota; entrant submits to sole and exclusive personal jurisdiction to said courts in the State of Minnesota for any such dispute and irrevocably waives any and all rights to object to such jurisdiction; (b) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorneys’ fees; and (c) under no circumstances will entrant be permitted to obtain awards for and entrant hereby waives all rights to claim punitive, incidental, consequential, and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION 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 entrant or Sponsor in connection with the Promotion shall be governed by, and construed in accordance with, the laws of the State of Minnesota, without giving effect to any choice of law or conflict of law rules of provisions (whether of the State of Minnesota, the United States, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Minnesota.

9. WINNER’S LIST: Sponsor will post winner names on the Website shortly after selection and verification.

10. SPONSOR: NextGem, Inc. 9912 Walnut Grove Ln N, Maple Grove MNUS, 55311. Support@nextgem.com

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