OFFICIAL RULES—NO PURCHASE OR PAYMENT NECESSARY TO ENTER
1. BRIEF OVERVIEW: Where’s Bazomb? is a sweepstakes wherein participants use a mobile device application (Application) to visit sponsoring businesses for a chance to win prizes. Where’s Bazomb? is sponsored by Bazomb Inc. (“us,” “we,” or “Bazomb”).
2. ELIGIBILITY: Open to legal residents of the United States and the District of Columbia who are 13 years of age or older at the time of entry. Participants who are 13 years of age but not yet 18 are eligible to participate with the permission of a parent or guardian. Employees of Bazomb, their respective parents, affiliates, subsidiaries, and advertising and promotion agencies, and immediate family members and/or those living in the same household are not eligible. Void in Puerto Rico and where prohibited by law. The Promotion is subject to all applicable U.S. federal, state and local laws.
3. PROMOTION PERIOD: The Promotion Period includes daily promotions, held over a two-week period. Daily Promotions are conducted Monday through Saturday concluding at the close of the second Saturday’s Daily Promotion. Each Daily Promotion begins and ends at the times noted per promotion. Individual Daily Promotions may depend on the hours of operation of the sponsoring business, but, in no event, will extend past 11:59 PM PST.
4. HOW TO ENTER: No purchase is necessary to participate. Participants enter by downloading the Application onto a mobile device and using it to visit participating businesses during a Promotion Period. Participants “Check In” within a specific distance of the business using the location functionality on the mobile device. Participants can “Check In” at the business an unlimited number of times during the Promotion, but must wait 30 minutes between each “Check In.” At “Check In,” participants receive a coupon from the sponsoring business. In addition, at each “Check In,” a participant has three opportunities to spin a wheel that appears on the Application (Wheel). The Wheel is divided into eight landing areas which provide opportunities to win cash prizes, a cash Grand Prize, “tickets,” and free spins. The cash prizes consist of: (1) The Daily Prize randomly selected from among the tickets collected during the Daily Promotion; and (2) The Grand Prize which consists of $100 per day. A participant must land on the “Where’s Bazomb?” landing area on the Wheel for a chance to win the Grand Prize. If no participant wins the Grand Prize on a given day, that Grand Prize will carry over to the following day, up to 12 total days (and, in no event, extending past the Promotion Period). If no participant wins the Grand Prize during the two-week Promotion Period, the Grand Prize will aggregate to up to $1200. At the end of the two-week Promotion Period, if a participant has not won the Grand Prize, a winner will be selected from tickets collected by the participants during the Promotion Period.
5. ODDS: The odds of landing on the Where’s Bazomb? landing area and winning the Grand Prize is 1:10,000. The odds of winning a ticket drawing depend on the number of eligible tickets collected by participants.
6. WINNER NOTIFICATION/REQUIREMENTS: Winners are notified via telephone or email, and must return an executed Affidavit of Eligibility, Release of Liability and Publicity Release. If a winner is rejected due to noncompliance with these Official Rules, such prize will be forfeited. Bazomb is not responsible for a winner’s inability to accept or use a prize (or any portion thereof) for any reason. Prizes are not transferable and if not accepted will be forfeited. No substitution of any prize is offered. In case of unavailability of any prize, Sponsor reserves the right to substitute a prize of equal or greater value. All other expenses and taxes on the receipt and use of the prizes specifically mentioned herein are solely the responsibility of the winner.
8. GRANT OF RIGHTS: By participating in the Promotion and agreeing to the Rules, you grant Bazomb the use of your name, biographical information, image and/or likeness for advertising, publicity and promotional purposes in any and all media without compensation (except to the extent prohibited by law).
9. RULES & WINNER'S LIST: For name of winners and/or Rules, send a self-addressed, stamped #10 envelope to: Bazomb Inc., 3940-7 Broad Street #323, San Luis Obispo, CA 93401.
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS APPLICATION. USE OF THIS APPLICATION SIGNIFIES THAT YOU AGREE TO BE BOUND BY THE TERMS.
1. THE SERVICE. Where’s Bazomb? is a mobile device Application owned and operated by Bazomb. Bazomb retains the right without advance notice to change or discontinue any aspect or feature of the Application.
3. INTELLECTUAL PROPERTY. This Application is owned by Bazomb Inc. and is protected by copyright and patent laws of the U.S. The following marks are used to identify the products and services of Bazomb: Bazomb® and Where’s Bazomb?™. Bazomb reserves the right to add additional marks identifying its products and services at any time. Other trademarks, service marks and trade names that may be used on the Application to identify the products and services of other companies are the property of their respective owners. Bazomb makes no claims to these marks. Bazomb respects the intellectual property of others, and we ask our users to do the same. If you believe that your intellectual property rights have been violated, please provide Bazomb’s copyright agent the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (b) a description of the copyrighted work or other intellectual property that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on the Application; (d) your address, telephone number, and email address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf. Bazomb's agent for notice of claims of copyright or other intellectual property infringement can be reached as follows: By email: firstname.lastname@example.org; By mail: Bazomb 3940-7 Broad Street #323, San Luis Obispo, CA 93401.
5. LIMITED WARRANTY. THE APPLICATION AND ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH IT, ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, BAZOMB AND ALL ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, WITH RESPECT TO: (A) THE APPLICATION; (B) ANY SERVICE ASSOCIATED WITH THE APPLICATION; (C) THE LEGALITY, ACCURACY, QUALITY OR AUTHENTICITY OF CONTENT, INFORMATION, ADVERTISEMENTS, SERVICES OR PRODUCTS; OR (D) THE SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE APPLICATION. BAZOMB DOES NOT WARRANT THAT THE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE. BAZOMB DOES NOT WARRANT THAT YOUR ACTIVITIES IN CONNECTION WITH OR USE OF THE APPLICATION IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, BAZOMB SPECIFICALLY DISCLAIMS SUCH WARRANTIES TO THE FULLEST EXTENT PERMITTED BY LAW. FURTHER, BAZOMB (AND ITS SUBSIDIARIES AND AFFILIATES) DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE, AS WELL AS IMPLIED WARRANTIES ARISING OUT OF THE COURSE OF DEALING OR PERFORMANCE.
6. LIMITATION OF LIABILITY. Bazomb makes an effort to keep the information on the Application reliable and accurate, but does not guarantee the reliability or accuracy of any of the information on either this Application or other websites linked to this Application. Bazomb also does not guarantee that the files or information available for downloading are free of infection from viruses or other harmful components. YOU ASSUME COMPLETE RESPONSIBILITY AND RISK FOR YOUR USE OF THE APPLICATION. Under no circumstances will Bazomb be liable for any damages (including, but not limited to, special, incidental, consequential, or indirect damages) arising out of the use of, or the inability to use, the Application, even if Bazomb has been advised of the possibility of such damages. The Application may contain hyperlinks to third-party websites. If you use the hyperlinks to access these websites, you will leave the Application and your mobile device browser will be re-directed. Websites you link to may have their own Terms of Service and Privacy Policies and may have different practices and requirements than the Application. Bazomb has no knowledge of, and is not responsible for, the content, information, services, products, or advertisements presented by any other website which you use at your own risk. Bazomb accepts no responsibility for the content or conduct of these other websites or applications.
7. MOBILE FEATURES. Your wireless provider may charge for use of Mobile Features or may require you to subscribe to additional services, which may require additional fees. These fees are not charged by us. The Application requires that the mobile device allow Bazomb Inc. to access GPS or other location functionality on the mobile device. Such functionality must be enabled either automatically or manually in order for the Application to properly work. You agree to enable your mobile device to allow access your mobile device’s location.
8. VENUES/TRANSPORTATION. This Application requests users to attend venues. We do not supervise and have no control over the venues, their operations or patrons. There are risks associated with attending a venue, including, without limitation, the failure of the merchant and other individuals to provide a safe atmosphere, the failure of the merchant and other individuals to abide by applicable laws, and inappropriate or dangerous conduct on the part of the merchant or the other individuals that may result in injury and/or death. Because we do not supervise or control your or any other individual’s activity at the venues, you agree to bear all risk and to release Bazomb from claims, demands, and damages arising out of or in any way connected with your use of the Application, our resolution of any disputes among users, and/or your transportation to or from, attendance at, or the actions of you or other persons at a venue. DO NOT INTERACT WITH YOUR MOBILE DEVICE IN AN UNSAFE MANNER WHILE ACCESSING THE APPLICATION, INCLUDING OPERATING A MOTOR VEHICLE. You agree to release Bazomb (and all affiliates) from claims, demands, and damages arising out of or in any way connected with your use of the Application while operating a motor vehicle. You waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver. You warrant that you meet any age eligibility requirements for the services/merchants at the venues you attend, including laws governing alcohol consumption and vehicular control.
9. INDEMNIFICATION. You hereby release Bazomb, its affiliates, sponsors and advertisers, and their respective owners, officers, managers, members, agents and employees from any liability in connection with, and shall indemnify, defend and hold all of them harmless with respect to, any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs, and expenses, including attorneys’ fees, arising out of or in connection with your violation of these Terms or any law, rule, or regulation. You will cooperate as fully and reasonably as required by Bazomb in the defense of any claim.
10. ARBITRATION. These terms and the interpretation of these terms shall be governed by and construed in accordance with the laws of California, without regard to the principles of conflict of laws. You irrevocably submit to the exclusive jurisdiction of the federal and state courts located in California. Except for a misuse or infringement of Bazomb’s intellectual property, any and all disputes, controversies, and claims arising out of or relating to these terms, the services related thereto, or concerning the respective rights or obligations of the parties hereto shall be settled and determined by arbitration before a panel of one (1) arbitrator pursuant to the Commercial Rules then in effect of the American Arbitration Association. Judgment upon the award rendered may be entered in any court having jurisdiction, or application may be made to such court, for a judicial acceptance of the award and an order of enforcement. The parties agree that the arbitrators shall have the power to award damages, injunctive relief, and reasonable attorneys’ fees and expenses to any party in such arbitration.
1. YOUR PRIVACY. Bazomb uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information. However, no data transmitted over a wireless network is guaranteed secure. We do not warrant the security of information you transmit to Bazomb or the Application. All information transmitted is done at your own risk.
2. INFORMATION COLLECTED. Bazomb may collect your information when you use the Application; contact customer service for support; create an account; send feedback or request information; participate in a survey or promotion; and/or for purposes of fulfilling your requests to participate in certain offers and promotions. The type of information collected will depend on the personally identifiable information you provide (including, but not limited to your name, e-mail, mailing address, date of birth, telephone number, age, gender, household income, interests, zip code, and state.), as well as any automatically collected or data-tracking information.
3. USE OF INFORMATION. Bazomb uses collected information to operate and maintain the Application; to provide you with all of the coupons and promotional offerings; for administrative purposes; to understand usage trends and preferences; to improve the way the Application works and looks; to improve our marketing and promotional efforts; and to create new features and functionality. Bazomb uses automatically collected data to process coupon sending; store information so you will not have to re-enter it with subsequent visits; provide custom, personalized promotions, advertisements, content, and information; and monitor the effectiveness of marketing campaigns and aggregate usage metrics.
5. ACTIONS. If you no longer wish to receive our e-mail alerts and promotional communications, you may opt-out of receiving them by following the instructions included in each e-mail communication or by contacting us at the postal address at the bottom of this Policy. You may delete the Application. You may choose not to share personal information. In some cases if you decline to share personal information on the Application, Bazomb will not be able to provide certain services to you on the Application.
6. CALIFORNIA LAW. California law requires that we provide you with a summary of your privacy rights and requires us to inform you, at your request, of (1) the categories of personally identifiable information we collect and what third parties we share that information with; (2) the names and addresses of those third parties; and (3) examples of the products marketed by those companies. The Act requires us to allow you to control who you do not want us to share information with. To obtain this information, please send a request to email@example.com or Bazomb 3940-7 Broad Street #323, San Luis Obispo, CA 93401. Indicate your name, address, e-mail address, and what personally identifiable information you do not want us to share with affiliated businesses or partners. Label the request “California Customer Choice Notice.” We will respond within thirty (30) days of receipt. There is no charge for controlling the distribution of your personally identifiable information or requesting the notice.
7. INTERNATIONAL USERS. The Application is hosted in the U.S. and is governed by U.S. law. The Application should not be downloaded and may not be used outside the United States.