2017 Flexco Bolt Solid Plate Sweepstakes Official Sweepstakes Rules

Transcription

1 2017 Flexco Bolt Solid Plate Sweepstakes Official Sweepstakes Rules NO PURCHASE NECESSARY TO ENTER OR TO WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. OPEN TO ALL LEGAL RESIDENTS OF THE 48 CONTINENTAL UNITED STATES AND THE DISTRICT OF COLUMBIA (EXCLUDING RESIDENTS OF FLORIDA, NORTH DAKOTA, NEW YORK, RHODE ISLAND, PUERTO RICO, THE US TERRITORIES AND POSSESSIONS) WHO ARE 18 YEARS OF AGE AND OLDER AND ARE PHYSICALLY LOCATED AND RESIDE IN THE UNITED STATES OR DISTRICT OF COLUMBIA (EXCLUDING FLORIDA, NEW YORK, RHODE ISLAND, PUERTO RICO, THE US TERRITORIES AND POSSESSIONS). THIS SWEEPSTAKES IS VOID IN FLORIDA, NEW YORK, RHODE ISLAND, PUERTO RICO, THE US TERRITORIES AND POSSESSIONS AS WELL AS WHERE PROHIBITED OR RESTRICTED BY LAW OR REGULATION. THE SWEEPSTAKES IS SUBJECT TO ALL FEDERAL, STATE, PROVINCIAL, LOCAL AND MUNICIPAL LAWS. THE LAWS OF THE STATE OF ILLINOIS GOVERN THIS SWEEPSTAKES. 1. NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. 2. Sweepstakes Sponsor: The "2017 Flexco Bolt Solid Plate Sweepstakes (the "Sweepstakes") is sponsored by Flexible Steel Lacing Company, 2525 Wisconsin Avenue, Downers Grove, IL (the "Sponsor" or "Flexco"). 3. Who Can Enter: To be eligible for the Sweepstakes, an individual must: a) be a legal resident of: (i) one of the forty-eight (48) continental United States (excluding the states of Florida, North Dakota, New York, Rhode Island, West Virginia and excluding Puerto Rico and the US Territories and Possessions); b) be 18 years of age or older and in order to be eligible for the First Prize (as defined below) drawing, an individual must be 21 years of age or older. Employees of Flexco (the Sponsor ) and each of their respective parent companies, subsidiaries, affiliates, divisions, advertising and Sweepstakes agencies, attorneys, individuals engaged in the development, production or distribution of materials for this Sweepstakes and the immediate families of each, or persons domiciled in the same household of such employees are not eligible to participate in this Sweepstakes. By entering the

2 Sweepstakes, entrants agree to be bound by these Official Sweepstakes Rules and the decisions of the Sponsor, which shall be final and binding in all respects. Void where prohibited. The Sponsor shall have the right at any time to require proof of identity and/or eligibility to participate in the Sweepstakes. Failure to provide such proof may result in disqualification. All personal and other information requested by, and supplied to, the Sponsor for the purpose of the Sweepstakes must be truthful, complete, accurate and in no way misleading. The Sponsor reserves the right, in its sole discretion, to disqualify any Entrant (defined below) should such an Entrant at any stage supply untruthful, incomplete, inaccurate or misleading personal details and/or information. The Sweepstakes is subject to all federal, state, local, provincial and municipal laws. The law of the State of Illinois governs this Sweepstakes. 4. Sweepstakes Period: The entry period for the Flexco Bolt Solid Plate Sweepstakes (the Sweepstakes ) begins at 12:01:00 AM (ET) on October 1, 2017 and ends at 11:59:59 PM (ET) on December 31, 2017 (the Sweepstakes Period ). 5. How to Enter: a) T h e r e is n o p u r c h a s e necessary to enter the Sweepstakes. To enter this Sweepstakes, persons eligible to enter have three ways to enter the Sweepstakes during the Sweepstakes Period: Visit the Flexco Bolt Solid Plate Sweepstakes web page which can be found at (the Website ). At the Website, you will be asked to enter your name, mailing address, telephone number, and address to register for the Sweepstakes drawing. Limit one (1) entry per person or household address per day over the course of the Sweepstakes Period regardless of means of entry. Entries generated by script, macro, agencies, or robotic, repetitive, automatic, programmed or other automated means will be void. Participants are solely responsible for Internet connectivity, software and/or hardware that may be required in order to submit an entry. All entries must be submitted in accordance with these Official Rules; no other method of entry into this Sweepstakes will be permitted. Entries must be made by an individual only. Group entries are prohibited. All persons that submit an Entry in accordance with these Official Rules shall be referred to as an Entrant or collectively as the Entrants. b) All Entries become the sole property of the Sponsor and none will be returned for any reason. c) Late, incomplete, misdirected, or corrupted Entries are void and will not be considered. Any disputes regarding ownership of any Entry will be resolved by the Sponsor in its sole discretion.

3 d) Entries received via the Website shall be deemed to be submitted by the authorized account holder of the address associated with the Entry. For the purpose of these Official Rules, authorized account holder of an address is defined as the natural person who is assigned to an e- mail address by an Internet access provider, on-line service provider, or other organization responsible for assigning addresses for the domain associated with the submitted address. Each selected Entrant may be required to provide the Sponsor with proof that the selected Entrant is the authorized account holder of the address associated with the winning Entry 6. Conditions of Entry: All entries become the property of Sponsor and will not be acknowledged or returned. By entering, entrants acknowledge compliance with these Official Rules, including all eligibility requirements. By participating, entrants agree to release Flexco and each of their respective officers, directors, employees, agents or representatives (collectively, Released Parties ) from and against any and all claims, demands, losses and liabilities of any nature whatsoever, which entrant may now or hereafter be entitled to assert, including but not limited to, any death, injury, loss of enjoyment, damage to computer equipment, or other harm or loss of any nature whatsoever caused or contributed to by participation in the Sweepstakes, the Prizes (defined below) awarded in the Sweepstakes and/or in connection with the awarding, receipt and use or misuse of Prize (defined below). Released Parties are not responsible for lost, interrupted or unavailable network, wireless service provider, cable, satellite, Internet Service Provider (ISP) or other connections, or for errors, omissions, interruptions, deletions, defects, phone transmissions or delayed transmissions or in operations or transmission of information, in each case whether arising by the way of technical or other failures or malfunctions of computer hardware, software, communications devices, or transmission lines, or data corruption, theft, destruction, unauthorized access to or alteration of entry materials, loss or otherwise and any mechanical, electronic, network, computer, printing, typographical, human or other error relating to or in connection with the Sweepstakes, including, without limitation, errors which may occur in connection with the administration of the Sweepstakes, the processing of entries, the announcement of Prizes or in any Promotionalrelated materials. Sponsor reserves the right to cancel or modify the Sweepstakes if fraud, technical failures or any other factor beyond their reasonable control impairs the integrity of the Sweepstakes, as determined by Sponsor in its sole discretion. In such event, Sponsor reserves the right to award the Prizes at random from among the eligible entries received up to the time of the impairment. Sponsor reserves the right, in its sole discretion, to disqualify any individual they find to be tampering with the entry process or the operation of this Sweepstakes or to be acting in violation of these Official Rules or any

4 other Sweepstakes, or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of law, and, should such an attempt be made, Sponsor reserves the right to seek damages and other remedies (including attorneys fees) from any such person to the fullest extent permitted by law. Sponsor s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. 7. Selection of Winners: On or around February 2, 2018, a random drawing will be conducted by an independent Sweepstakes administrator from among all valid, eligible entries received over the course of the Sweepstakes Period. All decisions shall be final and binding in all respects. Odds of winning a Prize depend upon the total number of eligible entries received during the Sweepstakes Period. Persons selected to win a Prize (each a "Winner" and collectively the "Winners") will be notified by and/or phone call within twenty-four (24 hours) of the random drawing using the information provided on his or her Entry. Each Winner will be required to reply to the prize notification attempt within five (5) days of attempted notification or the Winner will be disqualified and an alternate Winner will be selected by random drawing from all remaining eligible Entries received during Sweepstakes Period. Winners may be required to sign an Affidavit of Eligibility/Release of Liability/Publicity and Advertising Consent and Release (except where prohibited by law), a W-9 form, and such other documents reasonably required by Sponsor. All such documents must be signed and returned within ten (10) days of Prize notification or Prize will be forfeited and an alternate Winner may be selected. Return of any prize notification as undeliverable will result in disqualification. Winners are subject to verification before the Prize will be awarded. In the event that a Winner is disqualified for any reason or if the selected Entrant is unwilling to accept a Prize, an alternate Winner may be selected in a random drawing from all eligible entries received during the Sweepstakes Period, at the sole discretion of the Sponsor. The Sweepstakes participant is solely responsible for entering the Sweepstakes during the Sweepstakes Period and properly claiming a prize if selected as a Winner. The reporting and payment of any tax liabilities (federal, state and local) incurred by a Prize Winner as a result of this Sweepstakes are the sole responsibility of the Winner. 8. Identification of Winner: The Winners shall be announced on the Website [note: may include corporate Facebook page] on or about February 2, 2018 and shall remain posted there for a minimum of thirty (30) business days. 9. Prizes & Approximate Retail Value ( ARV ): There will be Twenty-Eight (28) prizes available to be won (each a "Prize" and collectively the "Prizes") with Sponsor providing the following Prizes: a) Two (2) Prizes: Yeti Tundra 45 Cooler. Approximate retail value

5 of each is $ b) Three (3) Prizes: Coleman Road Trip LXE Grill. Approximate retail value of each is $ c) Three (3) Prizes: Bushnell Laser Rangefinder. Approximate retail value of each is $ d) Fifteen (15) Prizes: Cabela s $100 Gift Card. Approximate retail value of each is $100.00; and e) Five (5) Prizes: Field & Stream Hunting Backpack. Approximate retail value of each is $ Approximate retail value of all available prizes is $3, Limit one (1) prize per person, household address or address. No cash equivalents, prize substitutions or transfer of prize permitted except that Sponsor reserves the right to substitute a prize of equal or greater value in the event that an offered prize is unavailable. Any participant who is notified that he or she has won is the potential Winner until Sponsor determines, in its sole discretion, that the participant is eligible to win in accordance with these Official Rules. 10. Conditions of Participation & Certain Restrictions: Sponsor s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. By participating, each Entrant (or his/her parent or legal guardian, as applicable) agrees that any and all disputes, claims and causes of action arising out of, or connected with, this Sweepstakes or any prize (if awarded to him/her) shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate state or federal court located in DuPage County, Illinois, and litigation and/or trials will be decided solely by a judge. ENTRANT WAIVES TRIAL BY JURY IN ANY SUCH ACTION(S). All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrants rights and obligations, or the rights and obligations of the Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of Illinois, without giving effect to any choice of law or conflict of law rules (whether of Illinois or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than Illinois. Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including but not limited to costs associated with entering this Sweepstakes, but in no event attorneys fees; and (c) to the extent allowed by applicable law, under no circumstances will entrants be permitted to obtain awards for, and entrants hereby waive all rights to claim, punitive, incidental and/or consequential damages and/or any other damages, other than out-of- pocket expenses, and any

6 and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. 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 is determined to be invalid or otherwise unenforceable or illegal, these Official 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. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes-related materials and the terms and conditions of these Official Rules, these Official Rules shall prevail, govern and control. 11. Limitation of Liability/Privacy: By entering, the Sweepstakes, e a c h Entrant specifically acknowledges and agrees that Sponsor may utilize information obtained from entrant in order to contact Entrant and/or to offer their products or services or for other promotional purposes, including online announcements and as otherwise permitted in their privacy policies. For further information, please refer to Sponsor s Privacy Policy at By accepting a prize, each Winner specifically acknowledges and agrees that Sponsor and/or their designees is permitted to use the Winner s name, address, photograph, testimonial or other likeness and/or prize information for promotional, advertising and/or publicity purposes in any media, now or hereafter known throughout the world in perpetuity, without compensation or notice to, or further consent of, to the Winner to the extent permitted by law. Each Entrant agrees that neither the Entrant nor his/her heirs, successors, or assigns will assert any claim related to damages, losses or injuries against the Sponsor or its related corporations, parents, subsidiaries, franchisees, advertising or promotion agencies, attorneys, Prize providers and affiliated entities, and each of their parents, subsidiaries, limited liability companies, affiliates and each of their respective employees, shareholders, directors, officers, members, personnel, agents and assigns. The Sponsor and its related corporations, parents, subsidiaries, limited liability and affiliate companies, franchisees, advertising and promotion agencies, attorneys, Prize providers and affiliated entities: (i) make no warranty, guaranty or representation of any kind concerning any Prize; (ii) disclaim any implied warranty; (iii) are not in any way responsible or liable for damage, loss or injury of any kind including, but not limited to death or bodily harm, actually or allegedly arising from entry into the Sweepstakes or acceptance and/or use of any Prize; (iv) disclaim any responsibility for any actual or alleged loss (financial or otherwise), injury or damage to persons or property which may be caused directly or indirectly, in whole or in part, from downloading any material from any website, regardless of whether the material was prepared by the Sponsor or a third party, and regardless of whether the material is connected

7 to the website by a hypertext link; and (v) disclaim any liability for either for the termination, suspension or modification of the Sweepstakes for any reason or through the acts or defaults of any company or person fulfilling any portion of the Prize. 12. Winner s List: A list of Winners will be posted on the website at for thirty (30) days [note: may include corporate Facebook page]. 13. Release Indemnity: By participating in the Sweepstakes, all Entrants, including without limitation each Winner, agree to release and hold harmless the Sponsor and its parent, subsidiaries, limited liability and affiliate companies, its advertising and promotional agencies, and each of their respective employees, shareholders, directors, officers, members, personnel, agents, attorneys and assigns (collectively, the Releasees ) from any and all damages, injuries, claims, causes of action, or losses of any kind resulting in whole or in part, directly or indirectly, from such Entrant's participation in the Sweepstakes, any breach of these Official Rules, the acceptance, possession, use or misuse of any Prize, including without limitation: personal injury, death, property damage, defamation, infringement of intellectual property rights, and claims based on the rights of publicity and privacy. THIS LIMITATION OF LIABILITY IS A COMPREHENSIVE LIMITATION OF LIABILITY OF ANY KIND, INCLUDING (WITHOUT LIMITATION) COMPENSATORY, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES; LOSS OF DATA; INCOME; OR PROFIT; LOSS OR DAMAGE TO PROPERTY; CLAIMS OF THIRD-PARTIES, AND ANY OTHER DAMAGES, AND THE RIGHT TO HAVE ANY DAMAGES MULTIPLIED OR OTHERWISE INCREASED. The Entrant further agrees to fully indemnify the Releasees from any and all claims by third parties relating to the Sweepstakes, without limitation. 14. Parties not affiliated with Sweepstakes: Yeti, Bushnell, Coleman, Field & Stream and Cabela s are not affiliated with this Sweepstakes, are not responsible for the administration of this Sweepstakes, are not responsible for providing any Prizes, and are not a sponsor of this Sweepstakes. 15. Trademark/Copyright: All content on the Website, including text, graphics, logos, button icons, images, video clips and audio clips (collectively Content ), the compilation of the Content (meaning its collection, arrangement and assembly) and all software used on or in the Website are the property of either the Sponsor, its respective affiliates, or third parties that have licensed content and software for use on the Website. No license is granted for any further use of any of these trademarks, service marks or logos. All content and software are protected by United States and international copyright laws. All content and other copyrightable material may be used only as provided in these Official Rules. All rights not

8 expressly granted in these Official Rules are reserved. 16. Termination. The Sponsor reserves the right, in its sole discretion, to terminate the Sweepstakes, in whole or in part, and/or modify, amend or suspend the Sweepstakes, and/or the Official Rules in any way, at any time, for any reason without prior notice Flexible Steel Lacing Company