Official Terms
- Sponsor and General Conditions: This added benefit promotion (“Promotion”) for Patrons of the StarTalk Patreon platform (“Patron(s)”) is undertaken and administered solely by Curved Light Productions, LLC o/b/o StarTalk Radio and the StarTalk Patreon platform (“StarTalk” or “Sponsor”) without financial or in-kind support from any third-party sponsor or organization. Patreon is not sponsoring, administering, or associated with this Promotion. Sponsor reserves the right to cancel, suspend, and/or modify these Official Terms at any time, for any reason, including, without limitation, if any fraud, technical failure, or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Promotion, as determined by the Sponsor in its sole discretion, and any such cancellation, suspension, and/or modification will be posted clearly and will not be implemented retroactively except as specified herein. Sponsor reserves the right in its sole discretion to disqualify any Patron it determines to be tampering with the operation of the Promotion in any unfair, disruptive, or disingenuous manner. This Promotion shall not be construed as a contest or sweepstakes or lottery in any manner, and no additional purchase is required of a Patron in order to be eligible. Sponsor failure to enforce any term of these Official Terms shall not constitute a waiver of that provision.
- Patron Eligibility: Except where prohibited, this Promotion is applicable to any individual who is (i) over the age of 18 and (ii) a currently active StarTalk Patron within any of the following four StarTalk Patreon tiers on the date of each drawing during the Promotion period: StarTalk+, StarTalk Signature, StarTalk VIP, or Custom Queries. No Patron shall be required to ‘opt-in’ to the Promotion drawing in order to be eligible. This Promotion is void wherever promotional giveaways are prohibited by law (“Prohibited Location”), and Patrons in any Prohibited Location are ineligible.
- Selection and Notification: One (1) eligible Patron per Promotion will be selected (“Selected Patron”) in accordance with the Frequency of the Promotion (see below) through a random drawing to be conducted by Sponsor, and notified thereafter within thirty (30) days of selection (“Selected Patron Notification”). In the event that any Selected Patron does not respond to the Selected Patron Notification and provide any requested information (e.g., name, delivery address, etc.) within thirty (30) days following the date thereof, Sponsor reserves the right to randomly select another eligible Patron without further obligation to the previous Selected Patron.
- Frequency: Without limitation of Sponsor’s right to cancel, suspend, and/or modify these Official Terms, random drawings for this Promotion are intended to occur once within each of the following four (4) calendar periods: June 2023 through August 2023; September 2023 through November 2023; December 2023 through February 2024; and March 2024 through May 2024.
- Prizes: Each Selected Patron shall be entitled to receive a personalized signed copy of the book Starry Messenger: Cosmic Perspectives on Civilization by Neil deGrasse Tyson, along with some additional StarTalk merchandise (to be determined by Sponsor) (“Prize(s)”), to be delivered by Sponsor at no cost to such Selected Patron. The total collective retail value of these Prizes shall not exceed $75 (“Value”). As used herein, “$” means United States dollars. No Selected Patron will be required to accept any Prize.
- Privacy: Personal information collected in connection with the Promotion (e.g., shipping address and/or phone number) will be used by Sponsor solely for the purposes of (i) fulfilling Prize shipment, and (ii) announcing the name of each Prize recipient on the StarTalk Patreon platform.
- Release and Limitation of Liability: By accepting any Prize(s) accorded as a result of this Promotion, each Selected Patron agrees to release, indemnify, and hold harmless Sponsor, its parent companies, subsidiaries, affiliates, and divisions, and their respective directors, officers, employees, and agents (collectively, “Releasees”) from any and all liability, property loss, damage, misrepresentation, or cause of action, including but not limited to personal injury, death, or damage to or loss of property, arising out of or in connection with participation in the Promotion, or receipt or use or misuse of any Prize, or participation in any Promotion-related activity or travel, and for any claims or causes of action based on publicity rights, defamation, or invasion of privacy, and Prize delivery. Each Selected Patron also acknowledges that the Releasees have neither made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to any Prize, including but not limited to its quality, condition, or fitness for a particular purpose. Further, the Releasees are not responsible for: (i) any incorrect or inaccurate information, whether caused by entrants, or others; (ii) technical failure of any kind; (iii) unauthorized human intervention; (iv) technical or human error which may occur in the administration of the Promotion.
- Disputes: Except where prohibited by law, each Selected Patron agrees that: (i) any and all disputes, claims, and causes of action arising out of or connected with this Promotion or any Prize awarded shall be resolved individually, without resorting to any form of legal action; (ii) any and all claims shall be limited to the Value of the Prize(s) received by such Selected Patron as a result of the Promotion, and shall never include any out-of-pocket costs and/or attorneys’ fees; and (iii) under no circumstances will Selected Patron be permitted to obtain awards for, and Selected Patron hereby waives all rights to claim, indirect, punitive, incidental, and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Terms, or the rights and obligations of the Selected Patron and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.