GRAHAM STEPHAN TESLA STOCK GIVEAWAY (June 14 – July 12, 2021)
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES.
A purchase or payment will not increase or improve chances of winning.
1. Sweepstakes Description: The sweepstakes described at https://public.com/graham (the “Sweepstakes”) is sponsored by Public Holdings, Inc. (“Public”). Public invites eligible individuals to submit an entry to the Sweepstakes (each eligible individual who submits an entry, an “Entrant”). Three (3) Prize Winners will be selected in a random drawing from among all eligible entries received. The Sweepstakes is subject to all applicable laws and regulations and is void where prohibited.
2. Eligibility: The Sweepstakes is only open to natural persons who are legal residents of the fifty (50) United States and the District of Columbia who are 18 years of age or older (or the age of majority in their state of residence, whichever is older) on the date of entry. Employees of Public, Graham Stephan or any of their parents, affiliates, subsidiaries, advertising and promotion agencies, and their immediate family members and households, are not eligible. THE SWEEPSTAKES IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW OR WHERE BONDING, REGISTRATION, OR OTHER REQUIREMENTS WOULD APPLY BUT HAVE NOT BEEN MET, OR WHERE THE METHOD OF ENTRY SET FORTH BELOW WOULD BE DEEMED CONSIDERATION.
3. Sweepstakes Period: The Sweepstakes entry period begins on JUNE 14, 2021 at 12:00 AM EST and ends on JULY 12, 2021 at 11:59 PM EST (the “Sweepstakes Period”). Public’s clock is the official clock and sole determinant for purposes of determining the timeliness of all Sweepstakes submissions.
4. How to Enter: No purchase is necessary to enter the Sweepstakes. There are 2 ways to enter the Sweepstakes:
(b) Alternative Method of Entry (“AMOE”): Print your first and last name, address, city, state, zip code, telephone number, email address, and name of the Sweepstakes on a 3” x 5” piece of paper and mail it to Public Holdings, Inc., One State Street Plaza, 10th Floor, New York, NY 10004, ATTENTION: Graham Stephan June 14 2021 Sweepstakes. In order to be eligible, entries submitted by AMOE must be postmarked during the Sweepstakes Period and be received by Public at the above address no later than 2 days after the end of the Sweepstakes Period.
For an Entrant to be entered into the Sweepstakes, the Entrant must timely: (a) complete all online entry directions as described in paragraph 4(a) or enter by mail as described in paragraph 4(b). Entrants understand that submitting an entry does not mean they will win the Sweepstakes. Incomplete entries may be disqualified. All entries submitted become the property of Public and will not be returned. Only one (1) entry to the Sweepstakes per email address. Entries will be void if no email address is provided, if the supplied email address is not current or if first and last name are not provided. In the event of a dispute as to the identity of an Entrant, the authorized account holder of the email address used to enter will be deemed to be the Entrant. Potential winners may be required to show proof of being the authorized account holders. The “authorized account holder” is the natural person assigned to an email address by an Internet service provider, online service provider, or other organization responsible for assigning email addresses for the domain associated with the submitted email address.
5. Drawing; Odds; Notification: On July 20, 2021 at 12:00 PM EST, 3 prize winners (collectively the “Prize Winners,” and each a “Prize Winner”) will be selected in a random drawing from among all eligible entries received. The random drawing will be conducted and the Prize Winners notified via email by 6:00 PM EST on July 23, 2021. Odds of winning depend on the number of eligible entries received. Each Entrant is solely responsible for ensuring that they include current and valid contact information in their entry. Returned or undeliverable notifications may result in forfeiture of the prize. Where not prohibited by law, the Prize Winners may be required to execute and return to Public a notarized affidavit of eligibility, a liability release, and a publicity release relating to Public’s publication of the Prize Winners (collectively, the “Affidavit”) within 7 business days of attempted prize notification in order to claim a prize, or the prize may be forfeited and awarded to an alternate winner selected in a random drawing from among all remaining eligible Entrants. The Affidavit must be in the form provided by Public.
6. Prizes and Approximate Retail Value (“ARV”):
Each Prize Winner will win one share of Common Stock of Tesla ($TSLA) (the “Prize”), the value of which will be determined based on market price at the time the Prize is deposited in the Prize Winner’s Public account. Prizes are subject to availability and Public reserves the right to substitute prizes of similar or greater value in its sole discretion. The prize is not transferable. The Prize is limited to that specified above; all other unspecified costs, fees, and expenses associated with prize award, receipt, and use are solely the responsibility of the Prize Winners. Any and all federal, state, and local taxes on a prize are the sole responsibility of the Prize Winner. Delivery of prizes may take approximately seven (7) days from the date of receipt of the Prize Winner’s signed Affidavit (if applicable) and/or IRS 1099-MISC form. Should a Prize Winner not complete such applicable forms or confirm all dates and details for such Prizes as reasonably requested by Public by July 30, 2021, the applicable prize will be forfeited.
7. Publicity: Acceptance of a prize constitutes permission to use Prize Winner’s name, biography, likeness, photographs, video, voice, opinions, and statements attributable to such Prize Winner for promotional purposes by Public in any manner or media without notice, additional permission, or compensation, except where prohibited by law.
8. Agreement to Official Rules and Decisions: By submitting an entry, each Entrant fully and unconditionally agrees to abide by and be bound by the terms and conditions of these Official Rules and the decisions of Public, which decisions shall be final and binding on all matters pertaining to the Sweepstakes, including without limitation decisions regarding eligibility, the selection of the Prize Winners, and the interpretation of these Official Rules.
9. General Conditions: All prizes are awarded “as is, where is,” without warranty of any kind, express or implied, including, without limitation, any warranty of merchantability or suitability for a particular purpose. Public reserves the right to modify the Official Rules for clarification purposes without materially affecting the terms and conditions of the Sweepstakes. Except as otherwise expressly provided in these Official Rules, any use of automatic, programmed, or like methods of entry (e.g., bots or scripts) will void all submissions by such methods. Public reserves the right, in its sole discretion, to terminate, modify, or suspend the Sweepstakes if, in Public’s opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Sweepstakes, or if any factor beyond Public’s reasonable control – including but not limited to viruses, bugs, unauthorized intervention, fraud, and technical difficulties or failures – corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Sweepstakes. Public reserves the right in its sole discretion to disqualify any individual it finds or believes to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person 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, Public reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. Public’s failure to enforce any provision of these Official Rules shall not constitute a waiver of that provision or any other provision of these Official Rules.
10. Failure to Comply with Official Rules: Without limitation, a Prize Winner may be disqualified with any prize forfeited due to any of the following: (i) the Prize Winner fails to comply with any of the terms, conditions, restrictions, or limitations of these Official Rules; (ii) the Prize Winner is found to be ineligible; (iii) the Prize Winner fails to respond to the prize notification within three days after its transmission or mailing; (iv) the return of two attempted email notifications as undeliverable; (v) the Prize Winner fails to respond to any other notice within three days after its transmission or mailing; (vi) the return of any other notice as undeliverable; or (vii) the Prize Winner fails to complete, sign, have notarized, and return to Public the Affidavit within 10 business days of attempted prize notification (if requested by Public, except where prohibited by law). In the event of disqualification of a Prize Winner, the prize will be forfeited and awarded to an alternate winner selected at random.
11. Indemnification: By submitting an entry, each Entrant agrees to release, discharge, indemnify, and hold harmless Public, together with its affiliates and marketing firms, and their respective directors, officers, employees, shareholders, and agents (collectively, “Public Parties”), from and against any and all liability, injury, death, loss, or damages to Entrant or any person or entity, including without limitation damage to personal or real property, caused in whole or in part, directly or indirectly, by reason of their participation in the Sweepstakes (and/or related activities), their acceptance, possession, or use/misuse of a prize, or from any delay in receiving any prize awarded. Entrants’ obligations to indemnify Public include actions arising (a) from any allegation that any entry or any related content infringes or otherwise violates the copyright, trademark, trade secret, or other intellectual property or other rights of any third party, or (b) from any other violation of these Official Rules. By submitting an entry, Entrants agree that they have no right to bring (and covenant not to bring) any claim, action, or proceeding of any kind or nature whatsoever against any Public Party in connection with this Sweepstakes. Entrants acknowledge and agree that no Public Party has now, or shall have in the future, any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the non-infringement or protection of any copyright, trademark, patent, or any other claimed right or interest in related content.
12. Limitation of Liability: Public is not responsible for: (a) lost, late, damaged, destroyed, delayed, stolen, misdirected, incomplete, or illegible entries, or entries received through impermissible or illegitimate channels, all of which will be disqualified; (b) technical failures of any kind, including but not limited to the malfunctioning of any telephone, computer online systems, computer equipment, website, server provider, network, hardware, or software; (c) the unavailability or inaccessibility of any website or service; (d) unauthorized intervention in any part of the entry process or the Sweepstakes; or (e) printing, typographical, electronic, or human errors which may occur in the offer or administration of the Sweepstakes or the processing of entries. Entrants agree that any and all claims, judgments, and awards shall be limited to actual out of pocket costs incurred, including costs associated with entering the Sweepstakes but in no event attorneys’ fees; and Entrants waive all rights to claim any 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.
13. Governing Law: Entrants agree that any and all disputes, claims, and causes of action arising out of or connected with the Sweepstakes or any prizes awarded shall be governed in all respects by the laws of the State of New York without regard to the conflicts of laws principles of any jurisdiction. Venue with respect to any such disputes shall be only in the state or federal courts sitting within New York County in the State of New York, without waiver of any right of Public to removal pursuant to 18 U.S.C. §§ 1441, et seq.
14. Severability: If any provision(s) of these Official Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.
16. Winners List: To obtain the list of Prize Winners (available one month after the drawing), mail a request for a copy of the winners list including the name of the Event together with a self-addressed and stamped envelope, to Public Holdings, Inc., One State Street Plaza, 10th Floor, New York, NY 10004, ATTENTION: Graham Stephan June 14 2021 Sweepstakes.
17. Sponsor: Public Holdings, Inc., One State Street Plaza, 10th Floor, New York, NY 10004.