A Very Uncensored Comedy Show With Steve Hofstetter
Tell a Friend Promotion Official Rules
The Promotion: Goldstar Events, Inc. ("Goldstar") is holding the Tell a Friend sweepstakes ("the Promotion") to encourage current members to invite friends to join Goldstar. The Promotion begins at 12:01 AM Pacific Time ("PT") on September 24, 2014 and ends at 11:59 PM PT September 24, 2015 ("the Promotional Period").
Eligibility: NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY. The Promotion is available only to valid Goldstar members or friends who have been invited by Goldstar members. ("Entrants"). In addition, the Promotion is open only to legal residents of the United States who are 18 years of age or older. The employees of Goldstar, or its contractors and members of their immediate families are not eligible to participate. Void where prohibited or restricted by law.
Entry: In order to receive an entry in the Promotion, an Entrant must invite friends or have been invited by a friend to join Goldstar. Each entry has a unique numeric code. All judgments as to the validity of having invited or receiving an invitation to join Goldstar remain solely and irrevocably at the discretion of Goldstar.
Drawing: A drawing for 1 (one) winner will be held weekly (on Friday) through September 24, 2015. The winner will be selected by random draw from among all eligible entries earned during the Promotional Period and will be entitled to a $100 Goldstar gift certificate. The Promotion will be conducted by Goldstar, whose decisions are final and binding in all respects. Odds of winning the drawing depend on the number of entries issued. Winner will be notified via email (with the email address provided to Goldstar). Goldstar is not responsible for failed, lost or undelivered communication. Winner must respond within seven days of attempted email notification or Goldstar will select an alternate winner. Winner must give permission to have his or her full name reported publicly as Goldstar deems appropriate. If winner refuses such permission, Goldstar may at its sole discretion choose an alternate winner. Participation in the Promotion indicates unconditional agreement to and acceptance of these Official Rules.
Limitations: Goldstar may for any reason disqualify any individual who tampers with the entry process; cancel, terminate, modify or suspend the Promotion. Goldstar bears no responsibility for any failures in the execution of the Promotion, including but not limited to computer viruses, Internet outages, fraud, act of God, or other causes which may affect the security, integrity or fairness of the Promotion. Goldstar reserves the right at its sole discretion to take the steps it deems necessary in such cases to modify the Promotion, including the disqualification of Entrants, as it sees fit. Goldstar assumes no responsibility for any error, omission, or defect in information submitted in the course of participation in the Promotion on the part of Entrants. Goldstar is not responsible for any problems or technical malfunction of any telecommunications equipment that may be used in attempting to participate in this Promotion.
ANY ATTEMPT TO DEFRAUD OR UNDERMINE THE VALIDITY OF THIS PROMOTION CONSTITUTES A VIOLATION OF CIVIL AND CRIMINAL LAWS. GOLDSTAR RESERVES THE RIGHT TO SEEK REDRESS TO THE FULLEST EXTENT OF THE LAW IF SUCH ACTIONS ARE ATTEMPTED.
General: Goldstar may change these Official Rules in any way it determines to be appropriate. Prizes are not transferable. Goldstar may substitute a prize of equal or greater value if advertised prize is not available. Any and all federal, state and local taxes on prizes as well as any shipping or incidental expenses associated with the prize are the sole responsibility of the winner. Prizes mentioned could be purchased for the announced value of the gift certificate stated at the time of the start of the promotional period.
Limitations of Liability: All Contestants Entrants agree to release and hold Goldstar, its affiliates, subsidiaries, agents, and advisors and the employees, officers, agents and representatives of Goldstar harmless from and against any and all losses, damages, rights, claims, and actions of any kind arising from participation in the Promotion or resulting from acceptance, possession, or use of any prize, including but not limited to personal injury, death, and property damage as well as claims based on publicity rights, defamation, or invasion of privacy.
- (a) Each Entrant agrees that any dispute, controversy or claim related to these Official Rules (a “Claim”), to the extent unable to be resolved through mutual negotiations continuing for a period of at least thirty (30) days, may, upon the delivery of a written election of either the Entrant, on the one hand, or Goldstar (each a “Sweeps Party”), on the other hand, with the exception of those Claims expressly excluded in paragraph (e) below, be finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. The arbitration will be conducted under the Streamlined Arbitration Rules and Procedures of JAMS that are in effect at the time the arbitration is initiated (the “JAMS Rules”) and under the terms set forth in these Official Rules. In the event of a conflict between the terms set forth in these Official Rules and the JAMS Rules, the terms set forth in these Official Rules will control and prevail. Except as otherwise set forth in paragraph (e) below, an Entrant may seek any remedies available to him or her under federal, provincial, state or local laws in an arbitration action. As part of the arbitration, an entrant and any Sweeps Party will have the opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator will provide a written statement of the arbitrator’s decision regarding the Claim, the award given and the arbitrator’s findings and conclusions on which the arbitrator’s decision is based. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. The determination of whether a Claim is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Except as otherwise provided in these Official Rules,
- (i) an entrant and any Sweeps Party may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator; and
- (ii) the arbitrator’s decision is final, binding on all parties and enforceable in any court that has jurisdiction.
- BY AGREEING TO THIS ARBITRATION PROVISION, EACH ENTRANT UNDERSTANDS THAT HE OR SHE IS WAIVING THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
- (b) If an Entrant initiates arbitration for a Claim, he or she will only need to pay an arbitration initiation fee of $250 and the applicable Sweeps Party will pay all other costs charged by JAMS for initiating the arbitration. If a Sweeps Party is initiating arbitration for a Claim, such Sweeps Party will pay all costs charged by JAMS for the arbitration. All other fees and costs of the arbitration will be charged pursuant to the JAMS Rules. No Entrant will be required to pay a Sweeps Party’s attorneys’ fees or other costs if he or she does not prevail in the arbitration. No entrant will seek attorneys’ fees in the event they are deemed the prevailing party.
- (c) The arbitration will take place in the Entrant’s hometown area if the Entrant so notifies the applicable Sweeps Party in his or her notice of arbitration or within then (10) days following receipt of an applicable Sweeps Party’s arbitration notice. In the absence of a notice to conduct the arbitration in the entrant’s hometown area, the arbitration will be conducted in Los Angeles, California, unless the parties agree to video, phone and/or internet connection appearances. Any Claim not subject to arbitration (other than claims proceeding in any small claims court), or where no election to arbitrate has been made, shall be decided exclusively by a court of competent jurisdiction in Los Angeles, State of California, United States of America, and each Entrant agrees to submit to the personal jurisdiction of that court.
- (d) Each Entrant agrees that any arbitration shall be limited to the Claim between a Sweeps Party and each such entrant individually. EACH ENTRANT FURTHER AGREES THAT
- (A) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES;
- (B) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND
- (C) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER.
- (e) Each Entrant agrees that the following Claims are not subject to the above provisions concerning binding arbitration: (a) any Claims seeking to enforce or protect, or concerning the validity of, any intellectual property rights of a Sweeps Party; (b) any Claim related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (c) any claim for injunctive relief. In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such courts’ jurisdiction in lieu of arbitration.
- (f) Except as otherwise provided in these Official Rules, these Official Rules will be governed by, and will be construed under, the laws of the State of California, without regard to its choice of law principles.
- (g) Each Entrant agrees that if any portion of this “Disputes” Section is found illegal or unenforceable (except any portion of paragraph (e) above), that portion shall be severed and the remainder of the Section shall be given full force and effect. If paragraph (e) above is found to be illegal or unenforceable then no entrant will elect to arbitrate any Claim falling within that portion of paragraph (e) above found to be illegal or unenforceable and such Claim shall be decided exclusively by a court of competent jurisdiction within Los Angeles, State of California, United States of America, and entrant agrees to submit to the personal jurisdiction of that court.
- LIMITATIONS ON DAMAGES, VENUE, AND RESTRICTIONS ON CLASS ACTIONS ARE NOT PERMITTED IN ALL JURISDICTIONS AND SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
* Additional fees apply.
The last date listed for Comedian Steve Hofstetter was Friday May 31, 2013 / 10:00pm.