Woot! Crappy Birthdays Terms and Conditions: August 2022

WOOT “CRAPPY BIRTHDAYS” GIVEAWAY TERMS

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.

Please read these rules before entering a Woot “Crappy Birthdays” Giveaway (the “Sweepstakes” or “Birthday Giveaway”). You agree that, by submitting an entry, you will be bound by these Official Rules and you acknowledge that you satisfy all sweepstakes eligibility requirements.

1. Eligibility. If you are an individual legal resident of the County of Cook, Illinois; and at least 18 years of age at the time of entry, you are eligible to enter the Sweepstakes. You must also have been born during the month of the Birthday Giveaway and willing to participate in a Birthday Event at your home, address to be provided. The Sweepstakes is not open to employees or independent contractors, or immediate family members (spouses, domestic partners, parents, grandparents, siblings, children, and grandchildren) or those living in the same household of employees or independent contractors of Woot.com LLC. (“Sponsor, “we”, or “us”) and its respective parents, subsidiaries, affiliates, advisors, or advertising/promotion agencies (collectively, the “Sweepstakes Entities”).

2. Sweepstakes Period. Begins and ends at the times stated in the Woot Birthday Giveaway post. Each giveaway has its own start and end time. To be eligible for the Sweepstakes drawing, we must receive all eligible entries by the end date stated.

2. How to Enter. To enter, follow the instructions in the Woot Birthday Giveaway post. Each giveaway has its own directions for entering. Limit one (1) entry per person, per e-mail address, or Woot account throughout the Sweepstakes Period.

3. Other Promotions. Please note that we may be running similar sweepstakes at the same time as this Sweepstakes. By entering this Sweepstakes, you will not be eligible to receive any prize awarded in any other sweepstakes unless you enter each sweepstakes separately.

4. Prizes. The prize for each Woot Birthday Giveaway shall include: a Bag o’ Crap (approximate ARV $10), a $10 Woot coupon, a meal for the winner, and participation in a Birthday Event and photoshoot to take place at your home with the date and time to be determined between you and Woot.

5. Prize Conditions. Prizes will be fulfilled by Sponsor. Winners will be responsible for paying all costs and expenses related to the prize that are not specifically mentioned, including, but not limited to, taxes, and any other expenses that might reasonably be incurred by the winner in receiving or using the prize.

Part of the prize is a Woot.com coupon: The winners must have or will need to create a Woot.com account in order to redeem the coupon. The coupon may only be used for purchases of eligible goods on Woot.com. The coupon cannot be redeemed for the purchase of another coupon. Except as required by law, the coupon cannot be transferred for value or redeemed for cash. To redeem coupon, enter it on the checkout page on Woot.com. Woot is not responsible if any coupon is lost, stolen, destroyed or used without permission. If the coupon is lost or stolen, it will not be replaced. See http://www.amazon.com/gc-legal for complete terms and conditions. No expiration date or service fees.

6. Prize Drawing. The potential winners will be selected in a random drawing to be held on or about the date stated in the Woot Birthday Giveaway post, from among all eligible entries received during the Sweepstakes Period. We must receive eligible entries during the Sweepstakes Period for them to be eligible for the drawing. We will notify the potential prize winners by direct forum message, e-mail or phone within two (2) business days following the drawing. We may, at our discretion, select an alternative potential winner if a potential winner does not respond within 72 hours, or meet the eligibility criteria. The prizes will be awarded “AS IS” and WITHOUT WARRANTY OF ANY KIND, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose). Limit one (1) prize per person, email address, or account per month.

7. Odds of Winning. Odds of winning depend on the number of eligible entries received.

8. Additional Terms. We may, to the maximum extent permitted by applicable law and in our sole discretion, change these rules or cancel the Sweepstakes at any time; or modify, terminate, or suspend the Sweepstakes should viruses, worms, bugs, unauthorized human intervention or other causes beyond our control corrupt or impair the administration, security, fairness or proper play of the Sweepstakes or submission of entries. We are not responsible for: (a) lost, misdirected, late, incomplete, or unintelligible entries or for inaccurate entry information, whether caused by you or by any of the equipment or programming associated with or utilized in the Sweepstakes, or by any technical or human error that may occur in the processing of entries; (b) any printing or typographical errors in any materials associated with the Sweepstakes; (c) any error in the operation or transmission, theft, destruction, unauthorized access to, or alteration of, entries, or for technical, network, telephone, computer, hardware or software, malfunctions of any kind, or inaccurate transmission of, or failure to receive any entry information on account of technical problems or traffic congestion on the Internet or at any website; or (d) injury or damage to your or any other computer resulting from downloading any materials in connection with the Sweepstakes. We may, in our sole discretion, disqualify any individual found to be: (x) tampering with the entry process or the operation of the Sweepstakes or website; (y) acting in violation of these rules; or (z) acting in an unsportsmanlike or disruptive manner or with intent to annoy, abuse, threaten or harass any other person. If your entry is incomplete or if you use robotic, automatic, programmed or similar entry methods, your entry will be void. The authorized subscriber of the e-mail address associated with any account used to enter the Sweepstakes at the actual time of entry will be deemed to be the participant and must comply with these rules in the event of a dispute as to entries submitted by multiple users having the same e-mail address. The authorized account subscriber is the natural person who is assigned an e-mail address by an Internet access provider, on-line service provider, or other organization responsible for assigning e-mail addresses for the domains associated with the submitted e-mail addresses. No greater than the one prize stated in these Official Rules will be awarded. If any technical errors occur in the selection of a potential winner or if more prizes are claimed than the number of prizes being awarded as provided in these Official Rules, we may award the prize by random drawing from among all eligible claimants.

9. Miscellaneous. The Sweepstakes is governed by the laws of the United States. The Sweepstakes and all accompanying materials are © 2018-2022 by Woot.com LLC, and its parent company, Amazon.com. All rights reserved. If you win a prize, you may not transfer, assign, or redeem the prize for cash. We may substitute a prize with a prize of equal or greater value. Winner agrees (for himself or herself and his or her heirs) that, by accepting the prize, Sweepstakes Entities will have no liability, and will be held harmless by the winner for any liability, loss, injury or damage to property or person, including death, and reasonable attorney’s fees and court costs, due in whole or in part, directly or indirectly, by reason of the acceptance, possession, use or misuse of the prize or participation in the Sweepstakes, even if caused or contributed to by the negligence of any of the Sweepstakes Entities. You agree that our decisions related to the Sweepstakes and all drawings are final. Winner agrees that, by participating in the Sweepstakes, we may use the winner’s name, image or likeness in any manner and in any medium for our promotional purposes without additional compensation, except where prohibited by law. The parties will comply with all local and regional COVID-19 laws, regulations and restrictions. You must notify Woot, as soon as reasonably practicable, where the implications of COVID-19 may impact or prevent your participation in a Birthday Event.

10. Social Media Posts. Should you choose to post content or images from the Birthday Event on your blog, social media sites, or other Internet properties owned or controlled by you, in connection with the Birthday Giveaway, you will do so only after Woot has posted content from the Birthday Event, and we have informed you that you are free to post. You must include the following hashtag in all posts #WootCrappyBirthdayGiveaway.

11. Winner’s List. After we confirm the winner, we will post the winner’s Woot username in the Woot Birthday Giveaway thread.

Sponsor. Woot.com LLC. 4121 International Pkwy, Carrollton, TX 75007

Privacy Notice: All information submitted in connection with this Sweepstakes will be treated in accordance with these Official Rules and Woot.com LLC Privacy Notice ( https://www.woot.com/privacy ).

WOOT “CRAPPY BIRTHDAYS” PARTICIPANT PHOTO/VIDEO AND LIABILITY RELEASE

In consideration for my participation in the Woot “Crappy Birthdays” Giveaway Event at my house (the “Birthday Event”), I hereby grant to Woot.com LLC and its affiliates, and their employees, contractors, agents, representatives, licensees and assigns (collectively, “Woot”), the irrevocable, worldwide, perpetual and unrestricted right to reproduce, publish, modify, transmit and otherwise use photographs and audio/video recordings in which my photograph and/or likeness may be included in any manner (a) on demonstration devices for use worldwide in retail stores and at press, trade and similar events, and (b) in advertising and promotional placements, including without limitation those that may be broadcast worldwide on television, online (including all mobile networks and applications), in print, in e-mail and in any and all other media, (c) to alter the foregoing without restriction, and (d) to permit third parties to exercise such rights on Woot’s behalf, in each case for editorial, advertising, merchandising and publicity purposes.

I hereby waive any right I may have to inspect or approve the finished product containing my photograph and/or likeness, and I release and discharge Woot from all claims and liability resulting from the use of the photographs or audio/video recordings, including from claims that the use of the photographs or audio/video recordings is libelous, invades my privacy or infringes upon my right of publicity, or is a misrepresentation of me or any other person. Nothing in this Release obligates Woot to use any of the photographs or audio/video recordings or confers in me any rights of ownership in the materials and/or footage produced by Woot hereunder, or any part thereof, all of which will be and remain the exclusive property of Woot.

In exchange for participating in the Birthday Event, I agree for myself and for my heirs that Woot, and its affiliates and agents will have no liability, and will be held harmless for any liability, loss, injury or damage to property or to person, including death, and reasonable attorney’s fees and court costs, due in whole or in part, directly or indirectly, by reason of the acceptance, possession, use or misuse of the Birthday Event or participation in the Birthday Event, including any claims related to any matter related to the Birthday Event, whether based in contract, tort or any law, statute, regulation or decision, even if such liability, loss, injury or damage is caused or contributed to by the negligence of Woot, or any of their affiliates or agents.

I understand and agree that this is a complete release of all of my claims and rights against the parties to be released, and that neither I nor my heirs will take any action with respect to any such rights, it being understood that this Release shall be binding upon my heirs, executors and administrators.

I am of full legal age and have the right to grant this Release. I have read this Release prior to signing it, and I understand and agree with the contents. This Release is binding on me, my heirs, legal representatives, and assigns.

WOOT “CRAPPY BIRTHDAYS” LOCATION RELEASE

For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Owner hereby grants permission to Woot.com LLC and its affiliates, heirs, legal representatives, agents, successors, licensees and assigns (“Producer”) to enter into and use the Property located at the address provided on the Form commencing on or about Event Date, for the purposes of photographing and recording certain scenes for the project currently entitled Woot “Crappy Birthdays” Giveaway Event (the “Birthday Event”).

Producer may make such use of the Property as is reasonably necessary, including the placement of facilities and equipment (such as temporary sets) on the Property and agrees to remove the same after completion of the work and leave the Property in as good condition as when received. Producer shall not make any alterations or modifications of the Property or construct any installations on the Property.

Producer will indemnify Owner against any claims, suits, losses, damages, costs, fee, expenses (including reasonable outside attorneys’ fees) arising out of or based upon personal injury, death or property damage resulting directly from any act of Producer in connection with the use of the Property and the work described herein. Any and all claims of damage and/or injury shall be presented in writing to Producer within three (3) days after the latest date referred to in Paragraph 1.

Producer (and its successors, licensees and assigns) shall have the right to reproduce, exhibit, advertise and exploit, and license others to reproduce, exhibit, advertise and exploit, all of the photographs and recordings made hereunder in connection with the production, distribution, sale, licensing, marketing, advertising, merchandising, promotion, exhibition, publicizing and other exploitation of the Birthday Event in any and all media, whether now known or hereafter devised, throughout the universe in perpetuity. All rights of every kind in and to all photographs and sound recordings made hereunder shall be and remain vested in Producer, and neither Owner, nor any other party now or hereafter having an interest in the Property, shall have (a) any right of action against Producer arising out of any use or exploitation of said photographs and/or recordings, or (b) any right to enjoin or interfere with the use or exploitation of the Birthday Event or said photographs or recordings. Producer is not obligated actually to use the Property or to include the material filmed on the Property during the Birthday Event, and Producer may, at any time, elect not to use the Property for any reason.

Owner warrants that Owner is the sole and exclusive owner of the Property or is duly authorized to act on such owner’s behalf, that Owner has the full right and authority to make and enter into this agreement and to grant Producer the rights set forth herein without the consent of any third party. Owner hereby indemnifies Producer, and its licensees, successors and assigns, and holds each of them harmless, from and against any and all claims regarding proper ownership of the Property and/or arising from any breach of this agreement by Owner.

Owner’s sole remedy in the event of any default by Producer hereunder shall be an action against Producer to recover monetary damages, if any. Owner agrees that Owner shall have no right to enjoin the exhibition of the images or videos collected during the Birthday Event or any other production based thereupon or to terminate or rescind any rights granted to Producer hereunder, or to obtain any other form of equitable or injunctive relief, any right to which Owner hereby waives. In the event Owner shall attempt in any way to terminate or cancel Producer’s rights hereunder, Producer shall be entitled to seek injunctive relief in addition to all other remedies available either at law or in equity.

This agreement will be governed by the laws of the State of Washington without reference to its conflict of law rules. Any claim, dispute or disagreement with respect to this agreement will be submitted to the state or federal courts within the Seattle, Washington, which courts will have exclusive jurisdiction, and the parties consent to personal jurisdiction and venue in those courts.