Recapture Live

Endless Summer Games Sweepstakes

Official Rules

THESE OFFICIAL RULES ARE A CONTRACT—READ THEM CAREFULLY BEFORE ENTERING.  WITHOUT LIMITATION, THIS CONTRACT INCLUDES A RELEASE AND LICENSE FROM YOU, AND A LIMITATION OF CERTAIN OF YOUR RIGHTS AND REMEDIES.

NO PURCHASE NECESSARY.  A PURCHASE DOES NOT INCREASE THE CHANCE OF WINNING.  ODDS DEPEND ON NUMBER OF ELIGIBLE ENTRIES.  VOID WHERE PROHIBITED.

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For frequently asked questions about this promotion, see the very bottom of this page.

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1. Promotion and Sponsor.  Participation in the Recapture Live Endless Summer Games Sweepstakes promotion (the “Promotion”) constitutes Entrant’s (defined below) unconditional agreement to these Official Rules.  Entrant is free to disclaim any prize and status as Entrant and, as a result, will not be eligible to participate or receive any prize.  The Promotion is sponsored and administered by Recapture Management, Inc., 11736 Osprey Pointe Boulevard, Clermont, Florida 34711 (“Sponsor”).  All decisions by Sponsor related to the Promotion and these Official Rules are final and binding.  While this Promotion may be publicized on social media websites, such websites are not affiliated with Sponsor or this Promotion.  This Promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook, X, Instagram, TikTok or any other third-party website or application that might host content where information about this Promotion is published (collectively “Content Hosts”).

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2. Promotion Period.  The Promotion begins at 12:01 a.m. EST on August 9, 2024, and ends at 11:59 p.m. EST on August 11, 2024 (the “Promotion Period”).  Only entries submitted and received (or postmarked, as applicable) during the Promotion Period will be accepted.  Sponsor is the official timekeeper of this Promotion.

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3. Eligibility.  The Promotion is open only to individuals that are legal residents of one of the fifty United States or the District of Columbia, age 18 or older (or over the age of majority in the jurisdiction of residency, whichever is greater).  Employees or agents of Sponsor, Affinity Apps, LLC, or their respective parent or affiliate companies, vendors, suppliers, agencies, consultants, subcontractors or legal counsel, as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee or agent, are not eligible.  Legal entities are not eligible to enter.  Eligibility is contingent upon agreement to, compliance with, and fulfillment of all requirements of these Official Rules.

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4. How to Enter.  NO PURCHASE NECESSARY.  PURCHASES DO NOT INCREASE THE CHANCE OF WINNING.  There are three methods of entry.  By participating in the Promotion in any way you will become an “Entrant.”  Each Entrant who enters using one of the below methods of entry will receive one entry in the Promotion.  Limit 25 eligible entries per person.

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Upward App Download Entry: During the Promotion Period, you will automatically become an Entrant and receive one entry in the Promotion by downloading the free Upward application and creating a free Upward profile.  Limit one eligible entry per person and per mobile device using this entry method.

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Mail-In Entry: During the Promotion Period, you will automatically become an Entrant and receive one entry in the Promotion by mailing a handwritten, stamped 3x5” postcard to Recapture Management, Inc., Attn: Recapture Live Endless Summer Games Sweepstakes Entry, 11736 Osprey Pointe Boulevard, Clermont, Florida 34711.  To be eligible, the postcard must be handwritten and contain your first and last name, month and year of birth, email address, complete mailing address and phone number (each eligible 3x5” postcard, a “Mail-In Entry”).  No copies or reproductions will be accepted.  Each Mail-In Entry is one entry in the Promotion.  Each Mail-In Entry must be postmarked during the Promotion Period.  Limit 24 eligible entries per person using this entry method.

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TikTok Livestream Entry: Throughout the Promotion Period, Sponsor will facilitate multiple Promotion-related TikTok LIVE streaming events hosted by the following TikTok creators (each, a “Promotion Livestream”):

TikTok Creators include: 

Mickala Williams

Lauren Hardy

Ella Schnacky

Tori Prickett

Kristin Marino

@Preston

@EleaFit

Hannah Brantley

Delanneyy

Austin Armstrong

Manny Rosario

Dawson Dawson

Colby Schnacky

Ian Lawrence

Peighton Dompler

Terry Bracelly

@Ansley

Brody Black

Andrew Stephens

Terry Bracelly

Cam Carroll

Hailey Malles

Riley Conrad

Shianna Dewey

Jillian Beaupre

Corrina Roppo

Haven Hales

Kelsey Harlan

@Grassketball

Joey Roppo

Isabellaking

Noah Schnacky

 

You will automatically become an Entrant and receive one entry in the Promotion for each LIVE Gift with a value of at least 20,000 Coins at the time the LIVE Gift is sent that you send to a creator during that creator’s Promotion Livestream during the Promotion Period.  Limit 24 eligible entries per person and per TikTok account using this entry method.

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Capitalized terms used but not defined in these Official Rules, including LIVE Gift and Coin, have the meanings assigned to them in the TikTok Terms of Service and Virtual Items Policy, which govern your use of the TikTok platform, services and functionality in connection with this Promotion.  For more information, visit support.tiktok.com/en.

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5. Conditions of Entry.  Entries not legitimately submitted in accordance with these Official Rules are void.  Only qualified entries received by Sponsor (or postmarked, as applicable) during the Promotion Period are eligible for participation.  Mail-In Entries become the property of Sponsor and will not be acknowledged or returned.  Entrants may be required to provide the following information to be eligible for a Promotion prize: first, middle and last name, month, day and year of birth, email address, complete mailing address and phone number (collectively, “Personal Information”).  All requested Personal Information must be provided to participate in the Promotion and to be eligible to win a prize.  Unintelligible entries; entries with incomplete, invalid or incorrect information; and entries that are counterfeit or tampered with in any way will be disqualified.  Entries that are late, lost, damaged, misdirected, stolen or not delivered will be disqualified.  Sponsor is not responsible if a potential winner does not receive a prize because incomplete, invalid or incorrect information was provided during the Promotion.  Proof of sent entry or entry receipt (such as a copy of a “thank you” message) does not constitute proof of actual receipt of entry by Sponsor.

Participation must be by Entrant.  Participation by any other individual or entity, or originating at any other website, email address or TikTok account, including without limitation, commercial promotion entering and subscription notification service sites, is invalid.  Any attempt by any Entrant to obtain more than the stated number of entries by using multiple email addresses, phone numbers, identities, registrations or logins; entries through a sweepstakes club or similar entity; or any other unauthorized method of entry will void all of Entrant’s entries and Entrant will be disqualified from the entire Promotion.  Submitting mass entries or entries created with the assistance of any generative artificial intelligence tools or models, or generated by an automated program, script or macro, or the use of any other similar device, program or method to enter this Promotion is prohibited and will result in disqualification. 

In the event of a dispute as to the identity of Entrant, the authorized account holder of the email address used or submitted in connection with Entrant’s entry will be deemed the Entrant.  A potential winner may be required to show proof of being the authorized account holder.  The “authorized account holder” of an email address is the natural person assigned to that email address by any organization responsible for assigning accounts to that email address.  If the identity of the individual who actually participated in the Promotion cannot be resolved to Sponsor’s satisfaction, the affected individual’s entry will be deemed ineligible.

Sponsor may, in its sole discretion, disqualify any individual it finds to be in violation of these Official Rules, tampering with the entry process or the operation of the Promotion (including without limitation, tampering with websites, email addresses or phone numbers), or acting in a non-sportsmanlike or disruptive manner.  Any attempt to undermine the operation of the Promotion may be a violation of criminal or civil law, and Sponsor may seek damages to the fullest extent permitted by law from any person making such an attempt.

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6. Prize.  There are two prizes available, from which the potential winner may select one prize to receive.  Maximum approximate retail value (“ARV”) of the prize is forty-five thousand dollars ($45,000).

            Prize Option 1: The prize consists of one 1957 Ford Thunderbird convertible vehicle.  ARV of the prize is $45,000.

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Prize Option 2: The prize consists of $25,000.

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The potential winner may select either Prize Option 1 or Prize Option 2, but not both.

Actual value of prize may vary.  All additional costs, including without limitation tag and title fees; insurance; freight or delivery charges; travel to take delivery of the vehicle; duties, taxes, costs and fees associated with vehicle receipt, ownership and use; surcharges; fees; gratuities; taxes; and all other assessments, liabilities, costs, expenses and charges not specifically described as part of the prizes above; are not included in the prizes.  No compensation or substitution will be provided for any difference in prize value.  Sponsor is not responsible for any cancellations, delays, postponements, diversions, substitutions, changes in service or accommodations, or any other act, omission, or result thereof, caused by any third party.  All prizes must be accepted as awarded without substitution and are not, in whole or in part, assignable, transferable or available for resale.  Prizes have no cash surrender value, except where required by law.  Vehicle prize is available as-is, where-is and with all faults.  Sponsor and Affinity Apps, LLC make no warranty, representation or guarantee, express or implied, in fact or in law, with respect to any prize.  This includes, without limitation, any warranty, representation or guarantee regarding any prize’s merchantability, mechanical condition, quality or fitness for a particular purpose.  Prizes are subject to availability and Sponsor may substitute a prize (or a component of a prize) with another prize or component of equal or greater value if the prize is not available for any reason, as determined in Sponsor’s sole discretion.  Other prize substitution options are available where required by law.  Federal, state and local taxes and all other costs and expenses associated with acceptance and use of any prize not specified as being awarded are the winner’s sole responsibility.  Prize specific terms and conditions apply.  If the winner elects not to partake in any portion of the prize, any remainder of the prize that is unused will be forfeited and will not be subject to additional compensation.  Any prize details not specified in these Official Rules will be determined by Sponsor in its sole discretion.

A potential winner selecting the vehicle prize may be required to travel, at the potential winner’s sole cost and expense, to a location of Sponsor’s choosing near Orlando, Florida to take delivery of the vehicle prize; must take delivery of the vehicle prize within 14 days of notification by Sponsor; will not be eligible for any vehicle purchase rebate programs; and must have a valid driver’s license and proof of insurance.

If any potential winner is disqualified, not eligible, or for any other reason cannot accept or take delivery of the prize as stated, then Sponsor may randomly select a new potential winner from the remaining pool of eligible Entrants.  Where legal, the winner may be required to submit, without alteration and in the form provided by Sponsor, a completed and signed Affidavit of Eligibility and Liability & Publicity Release (the “Release”), along with a properly completed U.S. Department of the Treasury Internal Revenue Service Form W-9, within the required time period communicated in the Release to be eligible to receive any prize.  The winner may be issued a U.S. Department of the Treasury Internal Revenue Service Form 1099 and related tax forms for the stated value of the selected prize.  Vehicle title and transfer documentation, signed by the potential winner, may be required in connection with the vehicle prize option.

Only one prize will be awarded.  In the event that any error or discrepancy causes more than the stated number of prizes as set forth in these Official Rules to be promoted, noticed or claimed, Sponsor may award only the stated number of prizes in accordance with Section 7 below (if such process has not already taken place at the time such error or discrepancy is discovered), or by conducting a random drawing from among all legitimate, unawarded, eligible prize claims received by Sponsor within 30 days of the end of the Promotion Period as a result of the process set forth in Section 7 below.

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7. Winner Determination and Verification.  The process leading to the random selection of each potential prize winner is within the sole discretion of Sponsor.  Within a reasonable time after the end of the Promotion Period, but not sooner than August 18, 2024, one potential winner will be randomly drawn from the pool of all eligible entries received from all entry methods during the Promotion Period.

Potential winners are each subject to eligibility verification by Sponsor on an ongoing basis.  An Entrant is not a winner of any prize, even if notified of being a potential winner, unless and until Entrant’s eligibility is verified to Sponsor’s satisfaction.  To be verified as eligible to receive a prize, each potential winner must fulfill all requirements and continue to comply with all terms and conditions of these Official Rules, and not be disqualified for any reason.  Sponsor will attempt to notify each potential winner by email or phone (subject to Sponsor’s discretion).  If a potential winner cannot be contacted using the information provided, or fails to respond to Sponsor’s attempt to notify them of selection within five business days; if any prize or notification is returned as undeliverable or yields an error or undeliverable message (regardless of whether the message is ultimately delivered to the recipient); if a potential winner fails to sign and return the Release or any other required documentation or fails to comply with these Official Rules; if a potential winner is unable or unwilling to accept the prize or any portion as stated; or if a potential winner cannot be verified as eligible for any reason at any time before, during or after the Promotion Period, then that potential winner is disqualified and forfeits the prize, and an alternate potential winner will be randomly selected from among the remaining eligible entries.

In the event that an Entrant or potential winner is disqualified or fails to claim a prize for any reason, the process set forth above will be repeated until a prize is awarded, or until three attempts have been made to award the prize and each attempt has failed.  EXCEPT AS REQUIRED BY LAW, IF THE PRIZE REMAINS UNAWARDED FOR ANY REASON AFTER THREE ATTEMPTS, A PRIZE WILL NOT BE AWARDED IN THIS PROMOTION.  If any winner is awarded and claims a prize, a winners list may be obtained by hand printing the requestor’s name and complete mailing address on a 3x5” postcard and mailing it to Recapture Management, Inc., Attn: Recapture Live Endless Summer Games Sweepstakes Winners List, 11736 Osprey Pointe Boulevard, Clermont, Florida 34711.  Limit one request per person, per household.  Requests must be received within 60 days of the end of the Promotion Period.

Odds of winning a prize in this Promotion depend on the number of eligible entries.

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8. Limitations of Liability.  By entering or participating in this Promotion or accepting any prize in any way, each Entrant and the winner agrees to indemnify, defend (regardless of ultimate liability), and hold harmless, and thereby does release and discharge Sponsor, Affinity Apps, LLC, Content Hosts, and each of their respective parent and affiliate companies, vendors, suppliers, agencies, consultants, subcontractors and legal counsel, and each of their respective parent companies and each such company’s officers, directors, employees and agents, as well as the immediate family (spouse, parents, siblings and children) and household members of each such individual (collectively, the “Released Parties”) from and against all loss, liability, damage, injury, claim or cause of action related in any way whatsoever to this Promotion, these Official Rules, or the rights, consents and licenses granted to Sponsor under these Official Rules, including without limitation, violation of any agreement or obligation; infringement of any right of publicity or intellectual property; threatened or actual injury, loss or damage to any person, including sickness, disease, death and disability; defamation or portrayal in a false light (intentional and unintentional); invasion of privacy; and damage to or loss of property, arising out of such Entrant’s or winner’s participation in the Promotion or receipt, use, non-use or misuse of any prize.  To the maximum extent allowed by law, in no event will Released Parties be responsible for any damages or losses of any kind, including indirect, incidental, consequential or punitive damages arising out of this Promotion.  Some jurisdictions may not allow the limitations or exclusion of liability for incidental or consequential damages or exclusion of implied warranties.  Check local laws for restrictions regarding these limitations or exclusions.

Entrants waive any right to claim ambiguity in these Official Rules.  The Released Parties are not responsible for: (a) technical failures of any kind; (b) incorrect information, whether caused by Entrants, any internet or email service provider, any promotional or advertising agency, printing or computing errors, or by any of the equipment or programming associated with the Promotion; (c) unauthorized human intervention in any part of the entry process or the Promotion; (d) technical or human error that may occur in the administration of the Promotion, the processing of entries or the announcement of any potential winner or prize; (e) any injury or damage to persons or property, including without limitation, computers, phones and tablets, that may be caused, directly or indirectly, in whole or in part, by Entrant’s participation in the Promotion or access to the Promotion materials; (f) the receipt, use or misuse of any prize; or (g) any other errors in any materials, information or announcements associated with the Promotion.  If for any reason an Entrant’s entry is confirmed by Sponsor to have been erroneously deleted, lost or otherwise destroyed or corrupted by Sponsor, Entrant’s sole remedy is another entry in the Promotion, subject to availability and provided that the Promotion Period has not then expired. 

EACH ENTRANT WAIVES CALIFORNIA CIVIL CODE § 1542 (AND ALL SIMILAR LAWS OF ANY STATE), WHICH READS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE 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.”  EACH ENTRANT REPRESENTS AND WARRANTS FULL UNDERSTANDING OF, AND ACKNOWLEDGES THE SIGNIFICANCE AND CONSEQUENCE OF, WAIVER OF CALIFORNIA CIVIL CODE § 1542 (AND ALL SIMILAR LAWS OF ANY JURISDICTION).

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9. LICENSE FROM ENTRANT TO SPONSOR AND THIRD PARTIES.  To the extent allowed by law, participation in the Promotion in any way constitutes each Entrant’s and the winner’s consent for, and grant of a non-exclusive, sub-licensable and assignable license to Sponsor and Affinity Apps, LLC to record, publish, post, display and otherwise exploit such Entrant’s and the winner’s name, social media handles, likeness, image, voice, aural and visual performance (together or independently), statements and hometown, regardless of whether altered, distorted or used alone or with other material, in Sponsor’s or Affinity Apps, LLC’s sole discretion, for commercial, promotional, marketing and trade purposes in any medium now known or later discovered, worldwide and in perpetuity, without review or approval, and without further notice, payment or consideration of any kind.

All rights, consents and licenses granted to Sponsor or Affinity Apps, LLC under these Official Rules or the Release will survive the termination of this Promotion.  Such consents and licenses may only be revoked in writing, and the mere ending of this Promotion is not sufficient to revoke such consents or licenses.

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10. Right to Modify or Cancel.  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 any provision is found invalid or unenforceable, these Official Rules will otherwise remain in effect in accordance with their terms as if the invalid or unenforceable provision was never included.  Sponsor’s failure to enforce any provision of these Official Rules does not constitute a waiver of that provision.

To the extent permitted by law, Sponsor may cancel, suspend or modify the Promotion or any part of it, in any way, if Sponsor determines in its sole discretion that the Promotion is not capable of executing as Sponsor intended, or that any error, omission, fraud, technical failure, tampering, computer virus or other factor, technical or otherwise, beyond Sponsor’s reasonable control, impairs or may impair Sponsor’s ability to properly conduct the Promotion.  In such event, Sponsor may, but is not obligated to, award any applicable prize by conducting a random drawing from among the eligible entries received up to the time of the cancellation, suspension or modification of the Promotion.  Inclusion in such random drawing is Entrant’s exclusive remedy under such circumstances.

In the event of an inconsistency between these Official Rules and any information contained in any Promotion-related materials, including without limitation, a Promotion entry form or any point-of-sale, radio, television, print or online advertising, these Official Rules will prevail and govern.

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11. Disputes; CLASS ACTION WAIVER.  Except where prohibited by law, Entrant agrees that: (a) all disputes, claims and causes of action arising out of or related to this Promotion or any prize will be resolved individually, without any form of class action, and Entrant consents to the personal jurisdiction of the appropriate federal or state court located in Lake County, Florida for such purpose; and (b) all claims, judgments and awards will be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event attorneys’ fees.  The Promotion and these Official Rules are governed by and will be construed in accordance with the laws of the State of Texas, without giving effect to any choice of law or conflict of laws rules that would cause the application of the laws of any other jurisdiction.

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12. Privacy.  By entering this Promotion, Entrant agrees to Sponsor’s and Affinity Apps, LLC’s manner of collection, use, retention and disclosure of Entrant’s Personal Information submitted or obtained in connection with the Promotion.  Personal Information collected from Entrant is subject to Sponsor’s privacy policy, which can be found at appupward.com/summergames, and may also be disclosed in connection with a public list of Promotion winners or participants, or pursuant to any license granted to Sponsor or Affinity Apps, LLC by Entrant under these Official Rules or the Release.

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FREQUENTLY ASKED QUESTIONS

1. Where can I find the complete Official Rules for the promotion?
For the complete Official Rules, see https://www.appupward.com/summer-games.

2. When is the promotion?
The Promotion begins at 12:01 a.m. ET on August 9 and ends at 11:59 p.m. ET on August 11, 2024.

3. Who can participate in the promotion?
An entrant must be age 18 or older and a legal United States resident.

4. Do I have to purchase anything or pay any money to participate?
No purchase is necessary to enter, and a purchase does not increase the odds of winning. Rather,
the odds of winning depend on the number of eligible entries. There are two completely free
methods of entry. For details, see Section 4 (How to Enter) of the Official Rules at https://www.appupward.com/summer-games.

5. How many winners will be selected?
After the promotion, one potential winner will be randomly drawn from the pool of all eligible
entries received from all entry methods.

6. What prizes are available?
There are two prizes available, from which the potential winner may select one prize to receive. The
first prize option consists of one 1957 Ford Thunderbird convertible vehicle with an approximate
retail value of $45,000. The second prize option is $25,000.

7. Is the vehicle prize in good condition?
The vehicle prize option is a 1957 Ford Thunderbird convertible. The vehicle prize is available as-is,
where-is and with all faults. Sponsor makes no warranty, representation or guarantee with respect
to any prize. This includes, without limitation, any warranty, representation or guarantee regarding
any prize’s merchantability, mechanical condition, quality or fitness for a particular purpose.

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8. How is the vehicle prize claimed by the potential winner?
A potential winner selecting the vehicle prize may be required to travel, at their sole cost and
expense, to a location near Orlando, Florida to take delivery of the vehicle prize. The potential
winner must take delivery of the vehicle prize within 14 days of notification by Sponsor and must
have a valid driver’s license and proof of insurance.
All additional costs (including without limitation tag and title fees; insurance; freight or delivery
charges; travel to take delivery of the vehicle; duties, taxes, costs and fees associated with vehicle
receipt, ownership and use; surcharges; fees; gratuities; taxes; and all other assessments, liabilities,
costs, expenses and charges not specifically described in the Official Rules as part of the vehicle
prize) are not part of the vehicle prize.

9. What other paperwork is involved in claiming a prize?
The potential winner must sign an Affidavit of Eligibility and Liability & Publicity Release and a U.S.
Department of the Treasury Internal Revenue Service Form W-9 to be eligible to receive a prize. The
winner may be issued a U.S. Department of the Treasury Internal Revenue Service Form 1099 and
related tax forms for the stated value of the selected prize. Other documents, such as a vehicle title
and transfer documentation, may be required in connection with the vehicle prize option.

10. Who is responsible for the promotion?
The Promotion is sponsored and administered by Recapture Management, Inc., 11736 Osprey Pointe
Boulevard, Clermont, Florida 34711.