Innovation Delivered: Join the Shift Sweepstakes

Official Rules 

NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN A PRIZE IN THIS SWEEPSTAKES. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. Void where prohibited by law. 

Winners will be required to respond to winner notification and other communications from Sponsor (defined below) within seven (7) days according to the notice(s) from Sponsor or prize may be forfeited (in Sponsor’s sole discretion).

By entering this Sweepstakes, you agree to these Official Rules, which are a contract, so read them carefully before entering. Without limitation, this contract includes indemnities to the Sponsor from you, a limitation of your rights and remedies, binding arbitration of claims, waiver of class-action claims, and waiver of the right to trial by jury.

OVERVIEW: The  Innovation Delivered: Join the Shift Sweepstakes (“Sweepstakes”) is sponsored by Auctane, Inc. (“Sponsor” or “Auctane”). The Sweepstakes begins at approximately 9:00:00 a.m. Central Time (“CT“) on April 6, 2026 and ends at 10:00:00 a.m. CT on June 23, 2026 (“Sweepstakes Period”). During the Sweepstakes Period, eligible individuals may enter the Sweepstakes by completing various entry actions as fully described in the How to Enter section below (any an “Entry Activity”). Following the conclusion of the Sweepstakes Period, Sponsor will select five (5) grand-prize winners and ten (10) first-prize winners through a random drawing from among all eligible entries received. 

This Sweepstakes is in no way sponsored, approved of, or endorsed by Meta Platforms, Inc., LinkedIn Corporation, X Corp., Instagram, LLC, YouTube Inc., Discord Inc. or any other online platform through which participants may complete an Entry Activity (collectively, the “Social Platforms”). Participation in this Sweepstakes constitutes entrant’s full and unconditional agreement to and acceptance of these Official Rules and the decisions of Sponsor, which are final. 

ELIGIBILITY: This Sweepstakes is open only to individuals who are legal residents of one of the 50 United States or DC (the “Territory”), and are at least eighteen years old. Employees, officers, directors, members, managers, agents, and representatives of Sponsor, its advertising and promotion agencies, Crowd9 PTY Ltd. (d/b/a Gleam), and any other entities participating in the design, promotion, marketing, administration or fulfillment of this Sweepstakes, as well as each of their respective parent corporations, subsidiaries and affiliated companies (collectively, the “Sweepstakes Entities” and – along with each of the Social Platforms – the “Released Parties”) and members of their immediate families (defined for these purposes as including any spouse, domestic partner, parent, legal guardian, child, legal ward, sibling, grandparent, or grandchild and each of their respective spouses), regardless of where they live and individuals living in the same household as such persons (whether or not related) are not eligible. This Sweepstakes is void outside of the Territory and where prohibited by law.

HOW TO ENTER: 

During the Sweepstakes Period, eligible entrants may enter the Sweepstakes by visiting https://gleam.io/l2Czc/innovation-delivered-join-the-shift (“Sweepstakes Site”) and following all onscreen links and instructions to register for the Sweepstakes (if you have not already), including providing your full name and email address or using your credentials for a third-party platform to login, and then completing one or more of the Entry Activities set forth on the Sweepstakes Site and detailed in the chart below. Only Entry Activities successfully completed through the Sweepstakes Site during the Entry Period will earn an entry into this Sweepstakes. 

For purposes of this Sweepstakes, an entry is received only when the Sweepstakes Site’s servers record the submission of an entrant’s completed Entry Action(s) with all required information. Entries must be submitted and received by Sponsor during the Sweepstakes Period, through the Sweepstakes Site, and in strict accordance with the instructions and restrictions in these Official Rules and on the Sweepstakes Site. Entries may not be acknowledged. Sponsor’s clock will be the official timekeeper for entry into this Sweepstakes.  Those who do not provide the required entry information or abide by these Official Rules and other instructions of Sponsor and its representatives may, in Sponsor’s sole discretion, be disqualified and all associated entries void. Limitations on entry are as described above and/or on the Sweepstakes Site. Attempts made by an individual to submit entries in excess of any limit or otherwise in violation of these Official Rules by any means, including, without limitation, using multiple or false contact information or multiple social-media accounts, may be disqualified. Purported entries that are forged, altered, incomplete, lost, late, misdirected, mutilated, illegitimate, incomprehensible, garbled, or generated by a macro, script, bot, or other automated means will not be accepted and will be void.  Entries or participation made on your behalf by any other individual, made by any entity or group, or originating at any other web site or online service, including, without limitation, through commercial promotion subscription, notification, or entering services, will be declared invalid and disqualified for this Sweepstakes. As a condition of entering the Sweepstakes, without limiting any other provision in these Official Rules, each entrant gives consent for Sponsor and its agents to obtain and deliver his or her name, address, and other information and content to third parties for the purpose of administering this Sweepstakes and complying with applicable laws, regulations, and rules. 

If any Entry Activity involves a Social Platform, entrant must abide by all of the Social Platform’s terms, conditions, rules and similar policies. If any Entry Activity requires an entrant to contact family members, friends, or other third parties regarding the Sweepstakes or any Sweepstakes Entity (e.g., a “refer-a-friend” entry method), entrant agrees that they will contact only individuals with whom they have an existing familial or personal relationship and will not otherwise engage in any “spammy”, large-scale, or other abusive use of such Entry Activity in an effort to earn entries in this Sweepstakes. 

If you subscribe to Marketing Emails in connection with an Entry Activity, you can unsubscribe from the marketing emails at any time by following the unsubscribe link in each marketing email. 

The following additional terms apply if any Entry Activity in the Sweepstakes involves publishing content on a Social Platform or elsewhere online: 

(a) Submission Requirements. Your completion of an Entry Activity and all content that you submit or publicly post as part of that Entry Activity or otherwise in connection with this Sweepstakes (your “Entrant Content”) must meet all of the requirements in these Official Rules, including the following Submission Requirements, or the associated entry (or entries) may be disqualified (as determined by Sponsor in its sole discretion): 

• If the Entry Activity on the Sweepstakes Site specifies what must be included in your post or otherwise provides content to include in your post (“Required Content”), you must include all Required Content in your post in order to qualify for that Entry Activity.
  • If the Entry Activity requires you to publish content but does not specify what must be included in that content, you must include at least “#sweepstakes” or another clear indication in any post you make to complete the Entry Activity that such post was made in order to earn an entry into a sweepstakes. 
• If your Entrant Content depicts or mentions any identifiable person other than you, you agree that (a) such person is 18 years old or older and the age of majority in his or her place of residence and you have that person’s approval to include his or her name, likeness, or image in the Entrant Content and submit it in this Sweepstakes and can provide Sponsor proof of that approval in writing upon Sponsor’s request and within the timeframe requested or (b) such person is your own minor child or ward and you are capable of granting such approval on behalf of him or her. 
• Other than content provided by Sponsor for inclusion in the post, all aspects of the Entrant Content must be originally created by and solely owned by you (or be in the public domain). Except for materials in the public domain or provided by Sponsor, all content not created solely and entirely by you is prohibited.  
• Entrant Content must not create or imply any association between Sponsor and any individual or entity or his, her, or its products or services.
• Entrant Content must not contain any commercial or corporate advertising (including, without limitation, corporate logos, brand names, and slogans), recognizable branded products, or commercial artwork other than those of Sponsor that are contained in the Required Content. 
• Entrant Content must not infringe, misappropriate, or violate any rights of any third party including, without limitation, copyright (including moral rights), trademark, trade secret, or rights of privacy or publicity.  
• Entrant Content must not include information or content that is false, fraudulent, deceptive, misleading, defamatory (including trade libel), disparaging, unlawfully harassing, threatening, profane, obscene, pornographic, hateful, indecent, inappropriate, or injurious to any Released Party or any other party. Entrant Content must not contain or describe any harmful or illegal activity or content or in any way violate any federal, state, or local laws, rules, or regulations.
• Entrant Content must be suitable for presentation in a public forum.
• Entrant Content must not suggest, depict, or describe any inappropriate, unlawful, or dangerous behavior or use of Sponsor’s or any other products or services.

Sponsor reserves the right in its sole discretion to disqualify from the Sweepstakes any entrant whose Entrant Content (or other public content posted by such person on a Social Platform used in this Sweepstakes) refers, depicts, or in any way reflects negatively upon a Released Party, the Sweepstakes, or any other person or entity or does not comply with any provision of these Official Rules (including the above Submission Requirements), all as determined by Sponsor in its sole discretion. 

You agree that your participation in the Sweepstakes and agreement to these Official Rules and any Sweepstakes Entities’ display and use of the Entrant Content permitted under these Official Rules will not violate any agreement to which you are a signatory or party. To the fullest extent permitted by applicable law, you agree to indemnify the Released Parties against any and all claims from any third party for any use or reuse of your Entrant Content permitted under these Official Rules.

(b) License. By entering, except where prohibited by law, each entrant grants to the Sweepstakes Entities (and their agents, successors and assigns) the irrevocable, sublicensable, absolute and perpetual right and permission to use, edit, modify, copy, adapt, publish, and exploit their Entrant Content in any and all media (now existing or hereafter devised) throughout the world, in any language, and in any manner for trade, advertising, promotional, commercial, or any other purposes, without further review, notice, approval, consideration, or compensation beyond the opportunity to win a prize in this Sweepstakes. Each entrant waives and releases the Sweepstakes Entities from any and all claims that entrant may now or hereafter have in any jurisdiction based on “moral rights” or “droit moral” or unfair competition with respect to the Sweepstakes Entities’ exploitation of any Entrant Content without further notification or compensation to entrant of any kind, and agrees not to instigate, support, maintain, or authorize any action, claim, or lawsuit against the Sweepstakes Entities, each of their licensees, or any other person in connection with this Sweepstakes, on the grounds that any use of any Entrant Content or derivative works therefrom in accordance with this license infringes or violates any of entrant’s rights (including MORAL RIGHTS).

Each entrant hereby acknowledges and agrees that the relationship between the entrant and each of the Sweepstakes Entities is not a confidential, fiduciary, or other special relationship, and that the entrant’s decision to submit his/her Entrant Content for purposes of the Sweepstakes does not place any of the Sweepstakes Entities in a position that is any different from the position held by members of the general public with regard to that Entrant Content, other than as set forth in these Official Rules. Each entrant acknowledges and agrees that no Sweepstakes Entity has now or will have in the future any duty or liability (direct or indirect; vicarious, contributory, or otherwise) with respect to the infringement or protection of the entrant’s copyright in and to his/her Entrant Content. Each entrant acknowledges that, with respect to any claim by entrant relating to or arising out of a Sweepstakes Entity’s actual or alleged exploitation or use of any Entrant Content or other material submitted in connection with the Sweepstakes, the damage, if any, thereby caused to the applicable entrant will not be irreparable or otherwise sufficient to entitle such entrant to seek injunctive or other equitable relief and entrant’s rights and remedies in any such event are strictly limited to the right to recover damages, if any, in an action at law (provided that nothing in these Official Rules will restrain an entrant’s right under applicable law – if any – to seek public injunctive relief in accordance with the dispute resolution procedures set forth below).

(c) Other. The Released Parties are not responsible and will have no liability for any purported Entry Activity that is not visible to Sponsor or is removed from the applicable Social Platform for any reason at any time, including removal of content that would otherwise qualify as an Entry Activity by the applicable Social Platform in response to such content being “flagged” or reported as inappropriate. Sponsor may not be able to view purported Entry Activities completed by entrants who have set their account on the applicable Social Platform to “private” or otherwise restricted access to their posts. It is each entrant’s responsibility to ensure that, if they utilize an entry method that involves publicly posting content on a Social Platform, his or her account on that platform is publicly viewable and – where indicated on the Sweepstakes Site – has connected their Social Platform account to the Sweepstakes Site.

ODDS AND WINNER SELECTION/NOTIFICATION: Following the close of the Sweepstakes Period,five (5) potential grand-prize winners and ten (10) potential first-prize winners will be selected in a random drawing from among all eligible entries received in this Sweepstakes. The drawing will take place within approximately ten (10) business days July 7, 2026 of the close of the Sweepstakes Period. Odds of winning a prize depend on the number of eligible entries received.

Within approximately five (5) business days July 14, 2026 of the prize drawing, Sponsor will attempt to notify each potential winner that he or she may have won a prize by email or using other contact information provided to Sponsor as part of the entry process in Sponsor’s sole discretion.  If any prize, prize notification, or Sweepstakes-related communication is rejected, faulty, or undeliverable; if the potential winner does not respond according to the notification’s or Sponsor’s instructions; or if the winner or potential winner fails to comply with these Official Rules, the prize may, in Sponsor’s sole discretion, be forfeited and an alternate winner may be selected (time permitting) based on the original method of winner selection or other method that is fair in Sponsor’s sole discretion.  Sponsor is not obligated to pursue more than three (3) alternate winners for any prize for any reason, in which case such prize may go unawarded. Sponsor reserves the right to modify the notification procedures and applicable deadlines for responding in connection with the selection of any alternate potential winner, if any.  If a prize is legitimately claimed, it will be awarded.  Upon prize forfeiture or inability to use a prize or portion thereof, no compensation will be given, and Sponsor will have no responsibility or liability to that participant.  

To claim a prize, each potential winner must follow the directions in his or her notification.  As a condition of being awarded any prize, each potential winner may, in Sponsor’s sole discretion, be required to complete, sign, notarize (if applicable), and return, without alteration and in the form presented by Sponsor, an affidavit/declaration of eligibility and liability/publicity release and tax forms (as applicable) or other prize-acceptance documentation, any or all of which may require the winner to provide a copy of his/her government-issued ID or number therefrom (collectively, the “Winner Documents”) according to Sponsor’s instructions within seven (7) days from when Sponsor sends the Winner Documents or other time frame as specified by Sponsor or its representative. Failure to comply with these requirements, Sponsor’s or its representative’s instructions, or these Official Rules may, in Sponsor’s sole discretion, result in disqualification from the Sweepstakes and forfeiture of any prize potentially won. All entries, prize claims, and any required Winner Documents, are subject to verification by Sponsor. Where required by law (in Sponsor’s sole determination), Sponsor or its representative may issue tax-reporting forms to the applicable taxing body (or bodies)  for any winner.  

PRIZE & APPROXIMATE RETAIL VALUE (“ARV”): 

GRAND PRIZE: Five (5) grand-prize winner, subject to verification, will receive a prize consisting solely of: $200 USD gift card delivered through Trumendous to the email provided by the winner.  ARV of prize: $200 USD.

FIRST PRIZES: Ten (10) runners up will, subject to verification, each receive a prize consisting solely of: $100 USD gift card delivered via Trumendous to the emial provided by the winner. ARV of prize: $100 USD

Total ARV of all prizes available in this Sweepstakes is $2000 USD

Limit one (1) prize per person. Gift cards (if applicable) are subject to additional terms and conditions as specified thereon (or in accompanying materials). All prize details not specifically stated in these Official Rules (including, without limitation and where applicable, the color, size, make, model, type, specifications or features of a prize) will be determined by Sponsor in its sole discretion. All taxes (national, state/provincial/territorial/prefectorial, and local), as well as any costs or expenses associated with prize acceptance and use and not specified in these Official Rules as being provided as part of the prize, are the sole responsibility of each winner. If a winner does not accept or use the entire prize, the unaccepted or unused part of such winner’s prize will be forfeited, and Sponsor will have no further obligation with respect to that prize or portion of the prize. Sponsor is not responsible for any inability of a winner to accept, claim or use any prize (or portion thereof) for any reason. Winner is strictly prohibited from selling, auctioning, trading or otherwise transferring any right to receive a prize, except with Sponsor’s permission, which may be granted or withheld for any reason in its sole discretion. No transfers, prize substitutions or cash redemptions will be made, except at Sponsor’s sole discretion. Sponsor reserves the right to substitute any stated prize or portion thereof with another prize or portion thereof of equal or greater value for any reason, including, without limitation, prize unavailability. No more than the stated prizes will be awarded. Entrants waive the right to assert, as a cost of winning any prize, any and all costs of verification and redemption or travel to claim the prize and any liability and publicity which might arise from claiming or seeking to claim said prize. Mailed prize elements will only be mailed to the confirmed winner’s address within the Territory, unless Sponsor, in its sole discretion, agrees otherwise.  If winner is a minor, the prize may be awarded to the minor’s parent or legal guardian.

LIMITATION OF LIABILITY:

To the fullest extent permitted under applicable law, each entrant agrees to release, hold harmless, and indemnify each of the Released Parties from and against any liability whatsoever for injuries or damages of any kind sustained in connection with the acceptance, use, misuse, or awarding of the prize or while preparing for, participating in, and/or traveling to or from any prize- or sweepstakes-related activity including, without limitation, any injury, damage, loss, death or accident to/of person or property. The limitations set forth in this section will not limit or exclude the released parties’ liability for personal injury or tangible property damage caused by the released parties, or for the released parties’ gross negligence, fraud, or intentional, willful, malicious, or reckless misconduct.

To the fullest extent permitted by applicable law, winner agrees that the prize is provided as-is without any warranty, representation, or guarantee, express or implied, in fact or in law, whether now known or hereinafter enacted, relative to the use or enjoyment of the prize, including, without limitation, its quality, merchantability, or fitness for a particular purpose.

Each entrant waives any and all rights (s)he may have under Section 1542 of the Civil Code of California and any similar law of any nation, state, territory, province, prefect, or other jurisdiction within the Territory. Section 1542 reads: “A general release does not extend to claims that a creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” 

ADDITIONAL DISCLAIMERS: Released Parties are not responsible and/or liable for any of the following, whether caused by a Released Party, the entrant, or a third party: entries that are submitted by illegitimate means (such as, without limitation, by an automated computer program) or entries in excess of any stated limit; any lost, late, incomplete, illegible, unintelligible, garbled, mutilated, or misdirected entries, email, mail, or Sweepstakes-related correspondence or materials or postage-due mail; any error, omission, interruption, defect or delay in transmission or communication; viruses or technical or mechanical malfunctions; interrupted or unavailable cable or satellite systems; errors, typos, or misprints in these Official Rules, in any Sweepstakes-related advertisements, or other materials; failures of electronic equipment, computer hardware, or software; unauthorized human or mechanical intervention in the entry or winner-selection processes or human or mechanical error in the processing of entries, lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications. The Released Parties are not responsible for electronic communications that are undeliverable or otherwise not received or noticed by entrant as a result of any form of active or passive filtering of any kind, or insufficient space in entrant’s email or voicemail inbox to receive email or voicemail messages. Released Parties are not responsible, and Sponsor may disqualify you, if your email address or other contact information does not work or is changed without prior written notice to Sponsor. Without limiting any other provision in these Official Rules, Released Parties are not responsible or liable to any entrant or winner (or any person claiming through such entrant or winner) for failure to supply a prize or any part thereof in the event that any of the Sweepstakes activities or Released Parties’ operations or activities are affected by any cause or event beyond the sole and reasonable control of the applicable Released Party (as determined by Sponsor in its sole discretion), including, without limitation, by reason of any acts of God, equipment failure, threatened or actual terrorist acts, air raid, act of public enemy, war (declared or undeclared), civil disturbance, insurrection, riot, pandemic/epidemic or similar public-health crisis, fire, explosion, earthquake, flood, hurricane, unusually severe weather, blackout, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, any law, rule, regulation, action, order, guidance, or request adopted, taken, or made by any governmental or quasi-governmental entity (whether or not such governmental act proves to be invalid), or any other cause, whether or not specifically mentioned above.

GENERAL RULES: By entering the Sweepstakes (except where prohibited by law), each entrant grants the Sweepstakes Entities the irrevocable, sublicensable, absolute right and permission to use, publish, post or display his or her name, photograph, likeness, voice, prize information, biographical information, any quotes attributable to him or her, any other personal attribute (regardless of whether altered, changed, modified, edited, used alone, or used with other material in the Released Parties’ sole discretion) for advertising, trade, commercial, promotional and publicity purposes without further obligation or compensation of any kind to him or her, anywhere worldwide, in any medium now known or hereafter devised, without any limitation of time, and without notice, review, or approval and each entrant releases all Released Parties from any and all liability related thereto. Nothing contained in these Official Rules obligates any Sweepstakes Entity to make use of any of the rights granted herein and winner waives any right to inspect or approve any such use. 

Sponsor’s decisions will be final in all matters relating to this Sweepstakes, including interpretation of these Official Rules, acceptance or rejection of purported entries, determination of the winners, and awarding of the prizes. All participants, as a condition of entry, agree to be bound by these Official Rules and the decisions of Sponsor. Failure to comply with these Official Rules may result in disqualification from this Sweepstakes. Participants further agree not to damage or cause interruption of the Sweepstakes Site and/or prevent others from using the Sweepstakes. Sponsor reserves the right to restrict or void entries or participation from any IP address or other identifiable source if any suspicious entry and/or participation is detected and to disqualify any entrant such suspicious participation benefitted.  Sponsor reserves the right, in its sole discretion, to void entries of any entrant who Sponsor believes has attempted to tamper with or impair the administration, security, fairness, or proper play of this Sweepstakes. Sponsor’s failure to or decision not to enforce any provision in these Official Rules will not constitute a waiver of that or any other provision.  In the event there is an alleged or actual ambiguity, discrepancy, or inconsistency between disclosures or other statements contained in any Sweepstakes-related materials and/or these Official Rules (including any alleged discrepancy or inconsistency within these Official Rules), it will be resolved by Sponsor in its sole discretion.  Entrants waive any right to claim ambiguity in the Sweepstakes or these Official Rules. If Sponsor determines, at any time and in its sole discretion, that a winner or potential winner is disqualified, ineligible, in violation of these Official Rules, or engaging in behavior that Sponsor deems obnoxious, inappropriate, threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to disqualify that winner or potential winner, even if the disqualified winner or potential winner may have been notified or displayed or announced anywhere.  The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules will otherwise remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.  If the Sweepstakes is not capable of running as planned for any reason, Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend the Sweepstakes and award the prizes from eligible entries received prior to cancellation, modification, or suspension or as otherwise deemed fair and appropriate by Sponsor. If any person supplies false information, obtains entries by automated or other fraudulent means, or is otherwise determined to be in violation of these Official Rules in an attempt to obtain any prize, Sponsor may disqualify that person and seek damages from him or her and that person may be prosecuted to the full extent of the law.  In the event of a dispute concerning the identity of an entrant, the entrant will be declared to be the primary the registered account holder of the email address provided at the time of entry, but only if that person meets all other eligibility criteria, otherwise the entry may be disqualified and any potential prize won forfeited, in Sponsor’s sole discretion. A registered account holder is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the applicable domain Winner may be required to show proof of being the registered account holder. If a dispute cannot be resolved to Sponsor’s satisfaction, in its sole discretion, the entry will be deemed ineligible. Caution: any attempt to damage any online service or website or to undermine the legitimate operation of the Sweepstakes may violate criminal and civil laws.  If such an attempt is made, sponsor may disqualify any participant making such attempt and may seek damages to the fullest extent permitted by law.

ARBITRATION AGREEMENT/GOVERNING LAW/CLASS-ACTION WAIVER/DISPUTE RESOLUTION  

A. These Official Rules and your participation in the Sweepstakes are governed by, construed and enforced in accordance with the laws of the State of Texas, excluding its conflict of laws principles.  To the extent that any dispute between you and Sponsor arises from these Official Rules or your participation in the Sweepstakes, the arbitration proceedings will be governed by federal arbitration law and by the JAMS (defined below) rules.

B. Both you and Sponsor waive the right to a trial by jury and the right to bring or resolve any dispute as a class, consolidated, representative, collective, or private attorney general action. Both you and Sponsor waive the right to participate in a class, consolidated, representative, collective, or private attorney general action related to any dispute that is brought by anyone else. Notwithstanding any provision in the JAMS rules to the contrary, the arbitrator will not have the authority or any jurisdiction to hear the arbitration as a class, consolidated, representative, collective, or private attorney general action or to consolidate, join, or otherwise combine the claims of different persons into one proceeding (except to the extent explicitly set forth in subsection D of this section, below).

C. Except for disputes relating to the infringement of your or Sponsor’s intellectual property (such as trademarks, trade dress, copyright and patents) or where Sponsor is seeking injunctive relief (the “Excluded Disputes”), you and Sponsor each agree to finally settle all disputes (including, without limitation, disputes related to the enforceability of this arbitration agreement) only through arbitration. In arbitration, there is no judge or jury and review is limited. The arbitrator’s decision and award are final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to these Official Rules or your participation in the Sweepstakes will be resolved solely by binding arbitration before a sole arbitrator under the Streamlined Arbitration Rules & Procedures of JAMS Inc. (“JAMS”) or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within thirty (30) days of the filing of a “Demand for Arbitration,” then either party can elect to have the arbitration administered by another mutually agreeable arbitration administration service that will hear the case. If an in-person hearing is required, then it will take place in Austin, Texas or – if required by the JAMS rules (or the rules of any alternate arbitration service used by the parties) – in or near your county of residence. The federal or state law that applies to these Official Rules will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions or class arbitrations; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, or for any Excluded Disputes, then the agreement to arbitrate does not apply and the dispute must be brought in a court of competent jurisdiction in Travis County, Texas. Subject to you demonstrating that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the administrative and arbitrator’s fees charged to you by JAMS (or an alternate arbitration service) as the arbitrator deems necessary to prevent the arbitration from being cost prohibitive to you as compared to litigation. Either party may, notwithstanding this provision, bring qualifying claims in small claims court. In no event will you seek or be entitled to rescission, injunctive or other equitable relief or to enjoin or restrain the operation or exploitation of the Sweepstakes or any other property of Sponsor (provided that nothing in these Official Rules will restrain a California resident’s right (if any) under applicable law to seek public injunctive relief in accordance with this dispute-resolution provision).

D. You and Sponsor agree that JAMS Mass Arbitration Procedures and Guidelines (“Mass Arbitration Procedures”) will be applied to any arbitration to the extent applicable by their own terms, provided that – if the Mass Arbitration Procedures do not apply for any reason – the following provision will govern to the extent applicable: In the event that there are seventy-five (75) or more individual requests for arbitration of a similar nature filed against Sponsor within an approximately thirty-day period (or otherwise in close proximity), JAMS will administer all such similarly situated arbitration demands on a collective basis as a single, consolidated arbitration (subject to a single set of fees, proceeding schedule, and, if required, hearing) before a single arbitrator in accordance with the requirements outlined elsewhere in this section, provided that – in the event that the arbitrator deems it impracticable or inequitable to administer all such claims collectively in a single arbitration – (s)he may group demands for arbitration into groups of not fewer than twenty (20) matters, plus a remainder group as needed (or as otherwise deemed by the arbitrator to be practicable, equitable, and in best keeping with the spirit of this provision) and arbitrate each group of matters as a single, consolidated arbitration (either structure a “Batch Arbitration”). You and Sponsor agree (a) to work with JAMS in good faith to facilitate the resolution of disputes on a Batch Arbitration basis and (b) that requests for arbitration are of a “similar nature” if they arise out of the same event, agreement, or factual scenario and raise the same or similar legal issues and seek the same or similar relief. Disagreements over the applicability of this Batch Arbitration process will be settled in a single, consolidated arbitration proceeding that includes all affected parties and is resolved by a single arbitrator subject to the requirements of this section. This Batch Arbitration provision will in no way be interpreted as authorizing a class or collective arbitration or action of any kind, or any suit or arbitration involving joint or consolidated claims, under any circumstances other than those expressly set forth in this section.

The rules of JAMS and additional information about JAMS are available on the JAMS website. By agreeing to be bound by these Official Rules, you either (a) acknowledge and agree that you have read and understand the rules of JAMS or (b) waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.

If any portion of these Official Rules is held to be invalid, illegal or unenforceable by a court of competent jurisdiction, (a) such portion shall be modified to the least extent necessary to render it valid and consistent with applicable law, (b) such invalidity shall not affect the enforceability of any other portion of these Official Rules, and (c) the remainder of these Official Rules shall continue in full force and effect.  In the event of a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes materials (including any FAQs or participation instructions) and the terms and conditions of these Official Rules, these Official Rules shall prevail, govern and control. 

PRIVACY: Please see the privacy policy located at https://auctane.com/legal/privacy-policy/ for details of Sponsor’s policy regarding the use of personal information collected in connection with this Sweepstakes. If you are selected as a winner, your information may also be included in a publicly-available winners’ list.

WINNER LIST/OFFICIAL RULES: To obtain a list of winner(s) or a copy of these Official Rules, please send an email to [email protected], indicating either Innovation Delivered: Join the Shift – Winners” or “Innovation Delivered: Join the Shift – Winners – Official Rules” in the subject line as appropriate. Requests for Official Rules must be received during the Sweepstakes Period; requests for the winner’s list must be received no later than three (3) months after the end of the Sweepstakes Period. 

SPONSOR: Auctane, Inc., 4301 Bull Creek Rd, Suite 300, Austin, TX 78731. Any reference to third parties in connection with prizes, third-party websites, or services are for reference and identification purposes only and not intended to suggest endorsement, sponsorship, or affiliation with Sponsor or the Sweepstakes.