2019 Mitchell TenPenny and WEATHER GUARD® Summer Night Giveaway Official Rules
NO PURCHASE OR PAYMENT NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. Contest (“Promotion”) is open to legal residents of the United States and the District of Columbia, and begins at 8:00 AM Central Standard Time (“CT”) July 16, 2019 and ends 11:59 PM CT on August 16, 2019. (“Promotion Period”). Administrator’s computer is the official timekeeping device for the Promotion.
2. ELIGIBILITY: The Promotion is open only to legal residents of the United States and District of Columbia (U.S.) who are at least twenty one (21) years of age or older as of date of entry. Employees (and the immediate families [spouses and parents, in-laws, siblings and children and their respective spouses, regardless of where they reside] and members of the same household of such employees, whether or not related) of Werner Co. and companies involved in the implementation and execution of the Promotion (collectively, the “Promotion Entities”) are not eligible to enter. Other eligibility requirements and conditions of participation are set forth below in these official rules for the Promotion (“Official Rules”). Promotion is void in Puerto Rico, U.S. Territories and jurisdictions (including overseas military installations) where prohibited.
3. AGREEMENT TO THE OFFICIAL RULES: By participating in the Promotion, each Entrant (defined below) fully and unconditionally agrees to and accepts these Official Rules and the decisions of the Sponsor and the Administrator, which are final and binding in all matters related to the Promotion. Winning a prize is contingent upon fulfilling all requirements set forth herein. The Promotion will be run in accordance with the Official Rules, subject to amendment by Sponsor. Each Entrant must comply with the Official Rules and will be deemed to have received and understood the Official Rules by participating in the Promotion. The terms of the Promotion, as set out in the Official Rules, are not subject to amendment or counteroffer, except as set out herein. If any provisions of the Official Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.
4. HOW TO ENTER: To enter the Contest you must like the #SUMMERNIGHTSGIVEAWAY Post and Comment during the Promotion Period. ALL ENTRIES MUST BE SUBMITTED BY 11:59 PM CT on August 16, 2019 in order to be included in the winner selection (defined below). Each Entry will register Entrant in the prize selection. Entrants must meet all eligibility requirements listed herein. In the event of a dispute, Entries will be deemed made by the authorized account holder of the social network account submitted at the time of Entry. Any potential winner may be required to show proof of being the authorized account holder. Entries that are incomplete or corrupted are void.
5. SELECTION OF WINNER: There will be one winner (“Grand Prize Winner”) in this Promotion. On or about August 30, 2019, the Grand Prize Winner will be selected from among all eligible Entries received during the Promotion Period. The selection will be conducted by the Administrator or its representatives, whose decisions are final and binding in all matters relating to the Promotion.
6. WINNER NOTIFICATION AND VERIFICATION. Administrator will attempt to contact the Grand Prize Winner by direct message on the social account on or after August 30, 2019. The Grand Prize Winner must respond within seventy-two (72) hours of the Administrator’s first attempt to contact him/her in order to be eligible to claim the Prize. If the Grand Prize Winner responds, Administrator will request information from the potential winner to confirm preliminary eligibility. If a potential winner is deemed potentially eligible based on the preliminary questions, Administrator will send an Affidavit of Eligibility and Liability and, unless prohibited by law, a Publicity Release form (“Affidavit/Release”) to the potential winner by email or facsimile to be executed and returned by email or facsimile within forty-eight (48) hours from the delivery of Administrator’s email or facsimile. At the same time as the winner completes and submits his/her Affidavit/Release, the winner’s travel companion must also sign and return a liability release. Winner’s travel companion must be 18 years of age or older, unless winner is the parent or legal guardian of the travel companion and, if so, the travel companion may be under the age of 18. If the winner cannot be contacted within the specified time after the first attempt to contact him/her, if he/she fails to execute and return the Affidavit/Release within the required time period, or if he/she is otherwise ineligible to receive the prize, an alternate will be selected in his/her place and Administrator will attempt to contact and obtain the required Affidavit/Release from that potential winner. Failure to comply with any of the instructions herein will result in disqualification. The odds of becoming the Grand Prize Winner are dependent on the number of entries submitted.
7. PRIZES / APPROXIMATE RETAIL VALUE (“ARV”): The following prize will be awarded:
GRAND PRIZE – One (1) Grand Prize Winner will receive a one (1) WEATHER GUARD Lighted Truck Box, an autographed Mitchell Tenpenny guitar and VIP tickets with meet and greet to a mutually agreed upon Mitchell Tenpenny performance (transportation to and from performance not included). ARV is $2,000.00.
8. GENERAL PRIZE RESTRICTIONS: Winner is solely responsible for any and all expenses relative to participation in Promotion (including meals, gratuities, and acceptance of prize) not specified herein. Grand Prize Winner who lives in Nashville (as determined by Sponsor/Administrator) will receive local transportation as specified above but no air transportation. The difference in value will not be awarded to the winner .The ARV reflects estimated values only, and the actual value of the Prize may vary based on point of departure, airfare fluctuations, and lodging pricing. Any difference between the stated ARV and actual value of the Prize will not be awarded. All prize details not specified in the Official Rules will be determined in the Administrator’s sole and absolute discretion. Airline carrier’s regulations and conditions may apply. The winner and winner’s travel companion must have all necessary identification and travel documents (e.g. valid U.S. driver’s license) required for travel. Winner will be responsible for all applicable taxes (including but not limited to: federal, state, local and/or income) on all aspects of prizes won and will be required to provide their Social Security number or tax ID for tax reporting purposes as Sponsor will file an IRS Form 1099 with the Internal Revenue Service for the fair market value of any prize awarded and accepted. Prizes may not be transferred or assigned. No cash or other substitution may be made, except by the Sponsor, who reserves the right to substitute the prize in whole or in part with another prize of comparable or greater value if the intended prize is not available for any reason as determined by the Sponsor in its sole discretion. In the event that a winner is disqualified for any reason or waives his/her right to receive the Prize, that prize will be forfeited and may be awarded to an alternate winner at the Sponsor’s sole discretion.
9. RELEASE: By entering, each participant agrees to:
(a) comply with and be bound by these Official Rules and the decisions of the Sponsor which are binding and final in all matters relating to this Sweepstakes;
(b) release and hold harmless the Sponsor and its employees, directors, parent, subsidiary, and affiliated companies, and any other organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Sweepstakes and all of their respective past and present officers, directors, employees, agents and representatives (collectively, the “Released Parties”) from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a participant's entry, creation of an entry or submission of an entry, participation in the Sweepstakes, acceptance or use or misuse of prize (including any travel or activity related thereto) and/or the broadcast, exploitation or use of entry; and
(c) indemnify, defend and hold harmless the Sponsor from and against any and all claims, expenses, and liabilities (including reasonable attorney’s fees) arising out of or relating to an entrant’s participation in the Promotion and/or entrant’s acceptance, use or misuse of prize.
10. PUBLICITY: Except where prohibited, participation in the Promotion and acceptance of the Prize, constitutes the winners’ consent to Sponsor's and its agents' use of winner's name, likeness, photograph, voice, opinions and/or hometown and state for promotional and merchandising purposes in any media, worldwide, without further payment or consideration.
11. GENERAL CONDITIONS: Sponsor reserves the right to cancel, suspend and/or modify the Promotion, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Promotion, as determined by Sponsor in its sole discretion. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Promotion or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Promotion may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages 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.
12. LIMITATIONS OF LIABILITY: The Released Parties are not responsible for:
(1) any incorrect or inaccurate information, whether caused by entrants, printing errors, typos, or by any of the equipment or programming associated with or utilized in
(2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software;
(3) unauthorized human intervention in any part of the entry process or the Promotion;
(4) technical or human error which may occur in the administration of the Promotion or the processing of entries; or
(5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant's participation in the Promotion or receipt or use or misuse of any prize. If for any reason an entrant's entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant's sole remedy is another entry in the Promotion play, provided that if it is not possible to award another entry due to discontinuance of the Promotion, or any part of it, for any reason, Sponsor, at its discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, unawarded, eligible prize claims.
13. DISPUTES: Each Entrant agrees that:
(i) any and all disputes, claims and causes of action arising out of or connected with this Promotion, or any prizes awarded, other than those concerning the administration of the Promotion or the determination
of winners, shall be resolved individually, without resort to any form of class action;
(ii) any and all disputes, claims and causes of action arising out of or connected with this Promotion, or any prizes awarded, shall be resolved exclusively by the United States District Court or the appropriate Pennsylvania State Court;
(iii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event attorneys' fees; and
(iv) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim 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. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the Commonwealth of Pennsylvania, without giving effect to any choice of law or conflict of law rules (whether of the Commonwealth of Pennsylvania or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the Commonwealth of Pennsylvania.