Referral Terms

Effective Date: May 15, 2022

Official Referral Terms and Gas Sweepstakes Rules

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

Apple, Google, Metabank, N.A., EML Payments, LLC, and Mastercard International do not sponsor or endorse this promotion or any other Scratch promotion.

1. Gas Sweepstakes Description

The Scratch Gas Sweepstakes: (the "Sweepstakes") takes place from 12:00:01 a.m. Eastern Time (“ET”) on June 15, 2022 through 11:59:59 p.m. ET on June 16, 2022 (the “Sweepstakes Registration Period”). The Sweepstakes Registration Period consists of one (1) “Entry Periods” (as outlined in the chart below) wherein prizes will be awarded at the conclusion of each Entry Period from among all eligible entries received as of the end of each Entry Period.  Non-winning entries WILL roll over to subsequent entry periods (if applicable).  Entry in the Sweepstakes does not constitute entry into any other contest or sweepstakes.  By participating in the Sweepstakes, each participant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of The Hydrogen Technology Corporation, 601 Brickell Key Drive, Suite 700, Miami, FL 33131 (“Sponsor”), including the interpretation of these Official Rules and its exercise of discretion, which will be final and binding in all respects.

2. Eligibility

Sweepstakes is open only to legal residents of United States and Puerto Rico (excluding residents of other United States territories and possessions), who are eighteen (18) years of age or older.  Employees, directors and officers of Sponsor, its parent, subsidiaries and affiliated companies, and Sponsor’s advertising and sweepstakes agencies and each of their respective officers and directors (collectively with Sponsor, the “Sweepstakes Entities”), and each of their immediate family members and/or those living in the same household of each (whether legally related or not), are ineligible to participate in the Sweepstakes.  For purposes of this Sweepstakes, “immediate family members” are defined as spouse, domestic partner, parents, legal guardians, in-laws, grandparents, siblings, children and grandchildren. Sweepstakes is void in United States territories and possessions, except Puerto Rico, where prohibited.

3. How to Enter with Deposit

Eligible Scratch waitlist users will automatically receive one (1) entry into the corresponding Entry Period drawing for each user referral as of 11:59 p.m. ET each day of the corresponding Entry Period. A referral will not count towards entries until the referee signs up and completes the waitlist form on the www.earnscratch.com site.

4. Limits on Number of Entries and Entry Periods

Limit 250 entries per person per Entry Period regardless of method of entry.  Participants may not participate with multiple e-mail addresses, nor may participants use any device or artifice to participate multiple times or as multiple participants.  Any participant who attempts to participate with multiple e-mail addresses, under multiple identities or uses any other device or artifice to enter multiple times will be disqualified from participation in the Sweepstakes and will forfeit any prize that he/she may have won.  The Sweepstakes Entities shall not be responsible for incorrect or inaccurate entry information caused by any technical or human error which may occur in the processing of registrations in the Sweepstakes.  

Entry Periods:

Start Date at 12:00:01 a.m. ET, May 15th, 2022

End Date at 4:59:59 p.m. ET, June 15th, 2022

Drawing Date (on or about) June 16th, 2022

6. Winner Selection and Notification

On or about each of the Drawing Dates listed above, the potential prize winners will be randomly selected from all eligible entries received in accordance with the deadlines indicated.  The potential prize winners will be notified by telephone and/or e-mail, using contact information provided to Sponsor.  Sponsor is not responsible for false, incorrect, changed, incomplete or illegible contact information. Sponsor shall have no liability for any winner notification that is lost, intercepted or not received by a potential winner for any reason.  If, despite reasonable efforts, a potential winner does not respond within five (5) business days of the first notification attempt, or if the prize or prize notification is returned as unclaimed or undeliverable to such potential winner, such potential winner will forfeit his or her prize and an alternate winner will be selected.  Sponsor, in its sole discretion, will attempt to contact up to three (3) potential winners of a prize in accordance with the above procedure, after which the prize in question may go unawarded if it remains unclaimed.  If any potential prize winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines the prize for any reason prior to award, such potential prize winner will be disqualified and an alternate prize winner may be selected.  Sponsor will have complete discretion over the interpretation of the Official Rules, of administration of the Sweepstakes, and of selection of winners. Decisions of the Sponsor as to the selection of the winners will be final.

7. Prizes/Approximate Retail Values/Odds of Winning

The total max value of all prizes available in this Sweepstakes is $5,000.  All prizes will be awarded as a one-time deposit to the winner’s Scratch account (unless otherwise indicated herein), gift card, prepaid card, or other means at Sponsor's sole discretion.  All other terms and conditions of the Scratch account apply. In the event a prize winner does not have a valid Scratch account, Sponsor may ask the winner to set up a Scratch account OR, upon request of the prize winner, award the prize to such prize winner in the form of a check.  

The odds of winning a prize depend on the number of eligible entries received as of the end of the corresponding Entry Period.  Limit one (1) prize per person per Entry Period drawing.

8. Prize Conditions

Prizes not claimed in accordance with these Official Rules will not be awarded. All details and other restrictions of prizes not specified in these Official Rules will be determined by Sponsor in its sole discretion.  The potential winners of prizes valued at $600 or more (and any winner of $10,000 must also have notarized) or who cumulatively reaches $600 or more in total prize winnings from Sponsor must sign and return an Affidavit of Eligibility, Liability Release and (where legal) Publicity Release (collectively, “Prize Claim Documents”) within five (5) business days of notification.  Non-compliance with the foregoing may result in disqualification and awarding of a prize to an alternate winner.  If any prize notification letter or prize is returned as undeliverable, winner may be disqualified.  Winners shall be solely responsible for any federal, state and/or local taxes incurred in claiming a prize.  Winners of prizes valued at $600 or more (or who win $600 or more cumulatively from Sponsor in a single calendar year) will be issued a 1099 tax form following the receipt of the prize.

9. Publicity Release

Winners irrevocably grant the Sponsor and each of its designees, licensees, successors, assigns and sub-licensees the right and permission to use winner’s name, photograph, likeness, voice, biographical information, statements and address (city and state) for advertising, promotional and/or publicity purposes worldwide and in all forms of media now known or hereafter developed, in perpetuity, without further compensation, unless prohibited by law.  Participants agree not to issue any publicity concerning the Sweepstakes Entities. Additionally, as a condition of receiving any prize, and, at the sole discretion of Sponsor, winners may be required to participate in a 10-minute recorded interview conducted by representatives of Sponsor on a date and time to be mutually agreed upon.

10. Waivers, Disclaimers and Releases

Participants agree that the Sweepstakes Entities (A) shall not be responsible or liable for, and are hereby released, discharged and held harmless from, any and all claims, liability, costs, injuries, losses or damages of any kind, including, without limitation, death and bodily injury, arising out of or related, directly or indirectly, to participation in the Sweepstakes or any Sweepstakes-related activity, or from a participant’s acceptance, receipt, possession and/or use or misuse of any prize, and (B) have not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to any prize, including, without limitation, to such prize’s quality or fitness for a particular purpose.  Sponsor assumes no responsibility for any damage to a participant’s or any other person’s computer system or wireless phone which is occasioned by accessing the Website or otherwise participating in the Sweepstakes, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature.  Without limiting the generality of the foregoing, Sponsor is not responsible for incomplete, illegible, misdirected, misprinted, late, lost, damaged, stolen, or postage-due submissions or prize notifications; or for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet service providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, difficulties or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information.  Each participant further agrees to indemnify and hold harmless Sweepstakes Entities from and against any and all liability resulting or arising from the Sweepstakes and to release all rights to bring any claim, action or proceeding against Sweepstakes Entities.  Sponsor is not responsible for the actions of participants in connection with the Sweepstakes, including participants’ attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Sweepstakes.  Participants further understand and agree that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived.  Participants acknowledge that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”  The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.

Tampering with Sweepstakes:  The Sweepstakes Entities are not responsible for violations of the Official Rules that impact any individual’s privacy rights in connection with the Sweepstakes, including participants’ attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Sweepstakes.  Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Sweepstakes or the Website, to be acting in violation of these Official Rules, or to be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Sweepstakes, or to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law.  No mechanically reproduced, illegible, incomplete, forged, software-generated or other automated multiple entries will be accepted.  Sponsor reserves the right to modify, extend, suspend, or terminate the Sweepstakes if it determines, in its sole discretion, that the Sweepstakes is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other causes beyond Sponsor’s control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of the Sweepstakes as contemplated herein.

Suspension / Modification / Termination:  In the event Sponsor is prevented from awarding prizes or continuing with the Sweepstakes as contemplated herein by any event beyond its control, Sponsor shall have the right to modify, suspend, extend or terminate the Sweepstakes.  If the Sweepstakes is terminated before the designated end date, Sponsor will (if possible) select the winners of any remaining prizes in a random drawing from all eligible, non-suspect entries received as of the date of the event giving rise to the termination.  Inclusion in such drawing shall be each participant’s sole and exclusive remedy under such circumstances.

General:  The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision.  In the event that any provision of the Official Rules or the Prize Claim Documents is determined to be invalid or otherwise unenforceable or illegal, these rules shall otherwise remain in effect and shall 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 will not constitute a waiver of that provision.  When terms such as “may” are used in these Official Rules, Sponsor has sole and absolute discretion.  Participants agree 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 that there is a discrepancy between statements contained in any Sweepstakes-related materials, privacy policy or terms of use on the Website, the Official Rules shall prevail, govern and control and the discrepancy will be resolved in Sponsor’s sole and absolute discretion.

11. Governing Law/Jurisdiction

ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES OR THE RIGHTS AND OBLIGATIONS OF PARTICIPANTS OR SPONSOR IN CONNECTION WITH THE SWEEPSTAKES SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF FLORIDA WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OR CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S LAWS.

BY PARTICIPATING IN THE SWEEPSTAKES, PARTICIPANTS AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) 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; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY PARTICIPANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND PARTICIPANT 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 TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) PARTICIPANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND PARTICIPANT 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.

12. Privacy Policy

Any personal information supplied by you to Sponsor will be subject to Sponsor’s privacy policy posted at https;//www.earnscratch.com/privacy-policy. By entering the Sweepstakes, you grant Sponsor permission to share your email address and any other personally identifiable information with the other Sweepstakes Entities for the purpose of Sweepstakes administration and prize/award fulfillment.

13. Winner's List

Any legally required winner’s list may be obtained by sending a legal-size, self-addressed, stamped envelope to: The Hydrogen Technology Corporation, 601 Brickell Key Drive, Suite 700, Miami, FL 33131. All such requests must be received within six (6) weeks after the end of the Sweepstakes Registration Period.

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