Giveaway Rules and Requirements Giveaway Rules and Requirements

Giveaway Rules and Requirements

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General Rules and Requirements

If you run a Giveaway (a “Promotion”) on the Whatnot platform and/or using technology provided by Whatnot (e.g., using technology provided by Whatnot to randomly select a winner), in whole or in part, you must comply with Whatnot’s Terms of Service, Whatnot's Privacy Policy and the following terms and conditions:

  1. You, and not Whatnot, are solely responsible for compliance with all applicable rules and regulations governing your Promotions and all prizes offered, including requirements relating to: offer terms and eligibility requirements (e.g. age and residency restrictions); the official rules; marketing; registration and any required regulatory approvals; and compliance with all tax laws and regulations.  You must comply with all laws, rules, and regulations that govern or apply to your Promotion in each jurisdiction where you offer the Promotion and your Promotion must be operated in a lawful manner at all times. 
  2. Unless otherwise agreed to in writing by Whatnot, you agree that you will not, at any time or under any circumstances, including in the Official Rules or in the course of marketing or advertising the Promotion, state, suggest or imply that your Promotion is endorsed by, sponsored by, administered by or affiliated with Whatnot.
  3. You must post a set of “Official Rules” for your Promotion giveaway that includes all disclosures required by all applicable laws, rules and regulations in the jurisdictions in which the Promotion is offered, including, at a minimum, the following terms, conditions, and rules:
    • A statement, as applicable, that “no purchase is necessary to enter or win.” Note that this statement must be included, in all caps, each and every time you promote or invite others to participate in your Promotion Giveaway. 
    • A statement that the promotion is “void where prohibited.” 
    • Who is eligible to enter, including age and geographic eligibility restrictions. 
    • How to enter.
    • A description of the prize(s), the number of prizes, and their approximate retail value(s).
    • How winner(s) will be selected. 
    • An odds statement (e.g., “odds of winning depend on the number of entries received”).
    • How prizes will be distributed.
    • A timeline of key dates and times (as applicable), including when entries open and close, when winners will be chosen, and when prizes will be distributed.
    • For Giveaways in Canada, a statement indicating that the winner must answer a skill-testing question before the prize can be awarded.
    • A complete release for Whatnot from any liability and/or damages related to your Promotion. 
    • A statement acknowledging that the Promotion is in no way sponsored, endorsed, administered by or associated with Whatnot, e.g., “This sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Whatnot, Inc. or its affiliates”
    • A description of any free alternative method of entry (see section 4, below, for further information), if required by applicable law. Whatnot provides the following example of Official Rules (the “Example”) for illustration purposes only and Whatnot does not guarantee the Example will comply with the laws, rules and regulations in your jurisdiction or the jurisdiction in which the Promotion is being offered. You acknowledge and agree that Whatnot is not liable for any causes of action, suits, claims, demands, judgments, liabilities, direct or indirect losses, damages, awards, penalties, fines, costs and expenses (including, but not limited to, reasonable legal fees) of any nature or kind, arising under or resulting from your use of the Example, in whole or in part
      NO PURCHASE NECESSARY.  Void where prohibited and outside [U.S.][Canada]. Open to legal residents of [the 50 U.S. states (and DC) who are 18 yrs+ (19 yrs+ in AL and NE, 21 yrs+ in MS)][provinces and territories in Canada (excluding Quebec) who are the legal age of majority in the jurisdiction you reside at the time of] at entry.  Giveaway starts [12:00:01 AM ET] on [DATE]; ends [11:59:59 PM ET] on [DATE] (“Giveaway Period”).  You will be eligible to enter when you make a purchase during the Giveaway Period or, to enter without making a purchase, complete the web form located at: [INSERT WEB FORM] during the Giveaway Period. Once the Giveaway is pinned to livestream you must press “enter giveaway” to gain entry and be present to win.  Limit 1 entry per person regardless of method of entry. Prize: [Briefly describe the prize].  Total ARV of prize: [$insert amount].  Odds of winning depend on number of entries received. [For Canada Giveaways, successful response to a skill testing question is required in order to receive a prize.]  Winner(s) will be notified during livestream on [date]. Sponsor: [provide sponsor identification information, including contact information]Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Whatnot Inc. or its affiliates (“Whatnot”), and by entering, you agree that Whatnot and its employees, representatives, and designees will be released from and shall be held harmless against, any and all liability for injuries, losses or damages to persons or property, including personal injury or death, resulting from participation in the giveaway or any related activity, or acceptance of any prize.
  4. If you offer purchase as a method of entering your Promotion, you must also offer a free alternative method of entry (“AMOE”), such as email or mailing in a 3x5 card, to avoid violating the criminal lottery laws. 
    • The free AMOE must be clearly disclosed whenever you talk about the purchase method of entry. 
    • Entrants using the free AMOE must have the same chance.
  5. You must administer your Promotion, including the award of all prizes, as outlined in your Official Rules.
  6. You must not require participation in any unlawful activity or infringement upon any third-party rights or in connection with or as part of your Promotion.
  7. The above is a list of rules with which you must comply in order to run your Promotion or giveaway on Whatnot’s platform. There may be legal requirements under applicable federal, state, provincial, and local laws and/or the laws of other jurisdictions that separately apply to your Promotion. Whatnot reserves the right to take measures to remove or take down any Promotions or other giveaways that do not comply with these rules at any time, with or without advance notice to you.

You agree to indemnify, defend and hold harmless Whatnot, its parent, subsidiaries, affiliates, and its and their respective shareholders, members, partners, officers, directors, employees, agents, joint venturers, and successors and assigns, harmless from, and against, all causes of action, suits, claims, demands, judgments, liabilities, direct or indirect losses, damages, awards, penalties, fines, costs and expenses (including, but not limited to, reasonable legal fees) of any nature or kind, arising under or resulting from the Promotion.

 

Whatnot will not assist you in the administration of your Promotion, and you agree that if you use the Whatnot platform and/or Whatnot-provided technology to offer your Promotion, you do so at your own risk.

 

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