$100 eGift Card Sweepstakes

The Jack n Sam $100 eGift Card Sweepstakes (the “Sweepstakes”) begins on December 31st, 2023, at 10:00 am EST and ends on February 5th, 2023, at 11:59 pm EST ("Sweepstakes Period"). Sweepstakes is sponsored by Jack n Sam LLC.

The Sweepstakes is open only to natural persons who are citizens or legal residents of the United States, physically residing in one of the 50 United States or the District of Columbia (excluding Alaska, Florida, New York, Rhode Island, Wyoming, and wherever restricted or prohibited by law), and who are 18 years of age or older or have reached the age of majority in their state of residence as of the Sweepstakes start date ("Entrant"). Persons in any of the following categories are not eligible to participate or win a Prize:  (a) persons who are employees or agents of Jack n Sam LLC (“Sponsor”), their respective parent companies, affiliates, divisions, prize providers, subsidiaries, suppliers, distributors and the service agencies or independent contractors of any of the above organizations; (b) suppliers, distributors, or retailers; (c) individuals engaged in the development of, the production or distribution of materials for, or the implementation of this Sweepstakes; or (d) employees of, persons in the immediate family of, or persons living in the same household as any person in any of the preceding categories (collectively, "Released Parties"). All federal, state and local laws and regulations apply. For the purposes of this Sweepstakes, “immediate family members” is defined as spouse, domestic partner, mother, father, grandmother, grandfather, children, siblings and their spouses, and “persons living in the same household” shall mean people who share the same residence at least three (3) months a year, whether legally related or not. This Sweepstakes is void in Alaska, Florida, New York, Rhode Island, Wyoming, Puerto Rico, Guam, American Samoa, all other United States territories, possessions, and protectorates, foreign based United States military installations and wherever restricted or prohibited by law.

During the Sweepstakes Period eligible Entrants may enter the Sweepstakes by subscribing to the Jack n Sam newsletter.  Subscribe form found at the bottom of jack-n-sam.com.

One potential winner will be drawn randomly on or around February 6th, 2023, at 8:00 pm EST from among all eligible entries received during the Sweepstakes Period in accordance with these Official Rules through the entry methods offered (“Winner”). The potential Winner will be notified on or around February 7th, 2023, at 8:00 pm EST using the information provided in their entry. All drawings will be conducted by the Sponsor or Administrator whose decisions are final and binding in all matters relating to this Sweepstakes. The Sponsor or Administrator will randomly select the potential Winners at the drawing. The decisions of Sponsor are final and binding in all matters relating to the Sweepstakes. Odds of winning depend on the number of eligible entries received during the Sweepstakes Period. The Winner will be notified by email and will be required to claim their Prize within five (5) days of notification. If no response is received within the time allotted, that potential Winner will be disqualified, and an alternate Winner may be selected. Any alternate. Winner selected will also be required to claim their Prize within five (5) days of notification. Sponsor is not responsible for suspended or discontinued internet, land line, or wireless service which may result in potential Winner not receiving initial Prize notification or communication from Sponsor.

Limit one (1) Prize per person, mobile number, address, and/or household during the Sweepstakes Period. In no event will more than the Prizes listed be awarded. If, for any reason, more Prize notifications are sent (or more claims are received) than the number of Prizes offered, as set forth in these Official Rules, the Sponsor reserves the right to award the intended number of Prizes through a random drawing from among all eligible Prize claims received. In the event that a Winner is disqualified for any reason, the Prize will be forfeited and may be awarded to an alternate Winner at the Sponsor’s sole discretion.

By accepting any Prize, each Winner agrees to release the Sponsor and the Released Parties from any and all liability whatsoever for any injuries, losses, or damages of any kind caused by entering the promotion or for damages of any kind caused by any Prize or resulting from acceptance, possession, or use/misuse of Prize awarded. No substitution or transfer of Prize or election of cash in lieu of Prize will be permitted, except by Sponsor.  Winner is solely responsible for all applicable federal, state and local taxes and/or any other fees/costs associated with the Prize or receipt of the Prize. If you are drawn as a Winner, your information may also be included in a publicly-available Winner's list. Limit one Prize per individual, household, street address, mobile number and/or email during any one (1) year period across Sponsor's promotions.

Administrator and Sponsor reserve the right, in their sole discretion, to modify, terminate or suspend this Sweepstakes (or any portion thereof) for any reason, including, but not limited to, viruses, worms, bugs, fraud, technical failures, non-authorized human intervention, or other causes corrupt or impair the administration, security, fairness or proper play of the Sweepstakes (or any portion thereof) or for any other reason and, in the event of termination at its discretion, select winners from those eligible, non-suspect entries received prior to event requiring such termination. Neither Sponsor nor Administrator assumes responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. Sponsor is not responsible for any problems with or technical malfunction of any wireless telephone network, wireless signal coverage or telephone lines, computer on-line systems, servers, or providers, computer equipment, software, failure of any e-mail or entry to be received by Sponsor on account of technical problems, human error or traffic congestion on the Internet or at any website, or any combination thereof, including any injury or damage to participant's or any other person's computer relating to or resulting from participation in this Sweepstakes or downloading any materials in this Sweepstakes. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. In the event of a dispute over the identity of an Entrant, entry will be deemed submitted by the registered account holder of the email address and/or mobile phone number associated with the entry, provided that person is eligible. Prize Winner(s) may be required to show proof of being the registered account holder. “Registered account holder” is defined as the person assigned to an email address by an Internet access provider, an organization responsible for assigning email addresses for the applicable domain, or to the responsible party associated with the account connected to the mobile number. In the event a dispute regarding the identity of the individual who actually submitted an entry cannot be resolved to Sponsor’s satisfaction, the affected entry will be deemed ineligible. Those who do not follow all of the instructions, provide the required information in their entry form, or abide by these Official Rules and/or other instructions of Sponsor may be disqualified.

The parties agree that the Sweepstakes and these Official Rules will be governed, construed, and interpreted under the laws of the State of Michigan, without giving effect to any choice of law or conflict of law rules (whether of the State of Michigan or any other jurisdiction) which would cause the application of the laws of any jurisdiction other than the State of Michigan.

BY ENTERING THE SWEEPSTAKES, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED FIVE DOLLARS ($5.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (C) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED FIVE DOLLARS ($5.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (D) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU. 

Entrant, Sponsor, and the Released Parties (each, a “Party” and collectively the “Parties”) each agree to fully and finally settle all disputes pertaining to the Sweepstakes, administration of the Sweepstakes, and/or these Official Rules only through binding arbitration (in each case, a “Dispute”); provided, however, (a) Sponsor shall be entitled to seek injunctive or equitable relief in the state and federal courts in or closest to, Grand Haven, Michigan, and any other court with jurisdiction over the Parties. In arbitration, there is no judge or jury, and review is limited. The arbitrator’s decision and award are final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. 

The Parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to this Sweepstakes shall be resolved solely by binding arbitration before a sole arbitrator in an arbitration administered by the American Arbitration Association (“AAA”) or any other mutually agreeable arbitration administration service.  The arbitration may be conducted in person, through the submission of documents, by phone, or online.  The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the AAA, and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website: www.adr.org, unless otherwise mutually agreed between the parties. If an in-person hearing is required, except as otherwise required by applicable AAA rules or applicable law, then it will take place in Grand Haven, Michigan or other location determined by the Sponsor. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. The federal or state law that applies to these Official Rules will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn’t apply and the Dispute must be brought in a court of competent jurisdiction in Grand Haven, Michigan. Sponsor agrees to pay the administrative and arbitrator’s fees to conduct the arbitration (but specifically excluding any travel or other costs of Entrant to attend the arbitration hearing). If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Grand Haven, Michigan and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts.  

In no event shall any Dispute brought by either Party related in any way to the Sweepstakes be commenced more than one (1) year after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
The arbitrator is empowered to resolve the Dispute with the same remedies available in court, however, any relief must be individualized to you and shall not affect any other Entrant. You and each Party also agree that each Party may bring claims against the other in arbitration only in their respective individual capacities and in so doing YOU WAIVE THE RIGHT TO A TRIAL BY JURY, to assert or participate in a class action lawsuit or class action arbitration, to assert or participate in a private attorney general lawsuit or private attorney general arbitration, and to assert or participate in any joint or consolidated lawsuit or joint or consolidated arbitration of any kind. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular cause of action, then that cause of action (and only that cause of action) must remain in court and be severed from any arbitration.  

The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. In the event that any provision of the Official Rules is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor’s failure to enforce any term of these Official Rules or any other guidelines, instructions, policies, or term will not constitute a waiver of that provision. Entrant agrees to waive any rights to claim ambiguity of these Official Rules. Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes-related materials, Sponsor’s Privacy Policy or Terms of Use on any website, social media platform or application and/or the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control and the discrepancy will be resolved in Sponsor’s sole and absolute discretion.

All information submitted by Entrant will be treated according to Sponsor's privacy policy, available at Privacy Policy | Jack n Sam (jack-n-sam.com). By participating in the Sweepstakes and providing your e-mail address and/or mobile phone number Entrant hereby agrees to Sponsor's collection and usage of their personal information and acknowledges that they have read and accepted Sponsor's Privacy Policy.