“Tuffy Total Tailgate Package” Sweepstakes
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. THIS SWEEPSTAKES IS INTENDED FOR VIEWING IN THE UNITED STATES ONLY AND SHALL ONLY BE CONSTRUED AND EVALUATED ACCORDING TO UNITED STATES LAW. VOID WHERE PROHIBITED.
I. SWEEPSTAKES PERIOD: The “Tuffy Total Tailgate Package” Sweepstakes (the “Sweepstakes”) begins on or about 12:00:01 p.m. Eastern Time (“ET”) on July 1, 2015 ("Start Date") and ends at 11:59:59 p.m. ET on September 30, 2015 (the “Promotion Period”). The Sweepstakes is sponsored Tuffy Associates Corp. 7150 Granite Circle Toledo, OH 43617 (the “Sponsor” and “Prize Supplier”). The official clock for purposes of the Sweepstakes is the computer of the Sponsor.
II. ELIGIBILITY: The Sweepstakes is open to all legal United States residents of the fifty (50) states and District of Columbia, who are at least eighteen (18) years old (exceptions-must be 19 years of age or older for those that reside in states of Alabama or Nebraska, and 21 years of age or older in state of Mississippi) as of the date of entry. Officers, directors, representatives and employees of the Sponsor, Doner Partners, LLC, and any of their respective parent companies, affiliated companies, subsidiaries, dealers, franchisees, licensees, distributors, suppliers, subsidiaries, participating retailers, advertising / promotion / judging agencies, persons engaged in the development, production or distribution of materials for this Sweepstakes, Compliance Sweepstakes Services (“the Administrator”) (collectively, the “Released Parties”) and the immediate family members (defined as spouse, parents, grandparents, children, grandchildren, siblings, - whether biological, adopted, step or in-law) of such individuals, or persons living in the same household as such individuals (whether related or not), are not eligible to participate in the Sweepstakes. The Sweepstakes is subject to all applicable federal, state, and local laws and regulations. Participation constitutes entrant's full and unconditional agreement to these Official Rules and Sponsor and Sweepstakes Administrator's decisions, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein. Void in Puerto Rico, the U.S. Virgin Islands, Guam, U.S. Military installations in foreign countries, and where prohibited, taxed, or restricted by law.
III. HOW TO ENTER THE SWEEPSTAKES: An individual will be deemed a Participant ("Participant") in the Sweepstakes if they are eligible and enter the Sweepstakes via any of the following two entry methods: 1) To enter the Sweepstakes via text messaging, Participant can send the keyword “tuffytailgate” as a text message using the text-messaging feature on your phone to 24587. Upon completing the registration, the participant will receive a text message confirming your entry, and the Website address (www.tuffy.com/tailgate) to view a complete set of these Official Rules. Each valid text entry will receive one (1) entry into the Sweepstakes. All text entries must be received by 11:59:59 p.m. ET on September 30, 2015. Standard text message rates apply. Each Participant should understand his/her charged standard text and data rates for each text message sent or received from his/her handset are according to the Terms and Conditions of the participant’s Service Agreement with the Participant’s wireless carrier. Each wireless carrier’s rate plan may vary, and Participants should contact his/her wireless carrier for information on messaging rate plans and charges relating to your participation in the Sweepstakes. Text-messaging may not be available through all wireless carriers; or 2) To enter the Sweepstakes via mail, Participants can enter by hand printing on a 3”x 5” card: “Tuffy Total Tailgate Package” Sweepstakes entry, your first and last name, date of birth, street address, city, state, zip code, day and evening telephone numbers, and e-mail address. Mail the card in a standard business-size #10 envelope to: “Tuffy Total Tailgate Package” Sweepstakes, 90 Rockwood Place, CBX #119, Rochester, NY 14610. The mail-in entry will need to be postmarked between July 1, 2015 and end on September 30, 2015, and must be received by the Sponsor no later than October 7, 2015. Limit one entry per envelope. Each valid mail-in entry will receive one (1) entry into the Sweepstakes.
Limit - one (1) entry per person during the Promotion Period regardless of method of entry. All required information must be completed to enter and to be eligible to win. Incomplete entries will be disqualified. Text entry must be made by the entrant only through link listed above. Sponsor reserves the right, in its sole discretion, to void any and all entries of an entrant that uses multiple / different addresses, identities, or any other methods, or who Sponsor believes has attempted to tamper with, influence or impair the administration, security, fairness, or proper play of this Sweepstakes. Proof of entering information is not considered proof of delivery to or receipt by Sponsor of an entry. Entries made by any other individual or any entity, and/or originating at any other website or e-mail address, including, but not limited to, commercial sweepstakes subscription notification and/or entering service sites, will be declared invalid and disqualified for this Sweepstakes. The use of automated entry devices is prohibited; all such entries are void. Sponsor reserves the right to disqualify and/or block access to the text entry address by any individual suspected of using such processes. Released Parties are not responsible for: lost, late, incomplete, illegible, incorrect, damaged, delayed, garbled, undelivered, misdirected, or postage-due registrations, entries or mail, which will be disqualified.. All entries become the exclusive property of Sponsor and will not be acknowledged or returned.
IV. INTERNET / LIMITATIONS OF LIABILITY: If for any reason this Sweepstakes is not capable of running as planned for any reason, including, without limitation, due to infection by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical failures, fire, flood, storm, or other natural cataclysm, riot, strike, civil commotion, government regulation, or any other causes beyond the control of the Sponsor which, in Sponsor’s sole opinion, corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes (or any part thereof), the Sponsor reserves the right, in its sole discretion, to disqualify any individual who tampers with the entry process, and to terminate, modify or suspend the Sweepstakes, in whole or in part, at any time, without notice and award the prizes using all non-suspect eligible entries received as of or after (if applicable) this termination or suspension date. Any person who supplies false information, obtains entries by fraudulent means or is otherwise determined to be in violation of these Official Rules in an attempt to obtain any prize will forfeit any prize won and may be prosecuted to the full extent of the law. Released Parties assume no responsibility for any incomplete, incorrect, or inaccurate information, whether caused by Website users, tampering, hacking, or by any of the equipment or programming associated with or utilized in the Sweepstakes or by any technical or human error. Released Parties assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. The Released Parties are not responsible for any problems or technical malfunction of any telephone network or telephone lines, computer on-line systems, servers, or providers, computer equipment, software, failure of any e-mail or entry to be received by Sponsor on account of technical problems, human error or traffic congestion on the Internet or at any Website, or any combination thereof, including any injury or damage to participant's or any other person's computer (or any information/material stored therein) relating to or resulting from participation in this Sweepstakes or downloading any materials in this Sweepstakes. CAUTION: ANY ATTEMPT TO DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. In the event of a dispute as to the identity of a winner based on an e-mail address or phone number, the winning entry will be declared made by the authorized account holder of the e-mail address or phone number submitted at time of entry. "Authorized account holder" is defined as the natural person who is assigned to an e-mail address or phone number by an Internet access provider, telephone service provider, on-line service provider or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning e-mail addresses and/or phone numbers.
V. GRAND PRIZE: There will be one (1) Grand Prize winner. The Grand Prize winner will receive a $1,800 tailgate package. The tailgate package will include the following items: Tuffy Event Tent, Coleman Road Trip LXX Grill, Coleman 48 quart cooler, Coleman Pack Away folding table, 40" LED HD TV, HD Antenna, four (4) Bravo sport chairs, Tuffy Corn hole set, compact outdoor stereo system, Bestek 200W inverter, PlayStation 4 Console and Madden 2016 PS4 game. The exact make, model, item, and/or style for any item in the aforementioned prize package to be determined by the Sponsor in its sole discretion. The winner is subject to all gift card terms and conditions. Total Prize Pool value - $1,800.
VI. WINNER SELECTION: The Grand Prize winner will be selected from among all eligible entries received, in a random drawing on or about October 14, 2015, by Compliance Sweepstakes Services (“Administrator”), an independent judging organization, whose decisions are final and not subject to challenge and/or appeal in all matters relating to this Sweepstakes. Odds of winning a prize will depend on the total number of eligible entries received. The Grand Prize winner will be notified by telephone, e-mail and/or USPS mail. Upon initial verification of a Grand Prize winner, paperwork/confirmation will be sent to the prize winner via e-mail , USPS mail, or other home delivery service of Sponsor’s choice. Grand Prize winner(s) will receive their prize via USPS mail, or other home delivery service of Sponsor’s choice.
VII. PRIZE TERMS AND CONDITIONS: The prize winner is required to comply with any and all applicable federal, state and local laws, rules and regulations. The prize winner will be required to sign an Affidavit of Eligibility and Liability/Publicity Release (collectively, the “Prize Acceptance Release”), and return it within fourteen (14) days of written notification. If a prize winner is considered a minor in their state of residency, the parent or legal guardian of the prize winner must sign the Prize Acceptance release and accept the prize on behalf of the prize winner. If a prize or prize notification is returned as unclaimed or undeliverable to a potential winner, if potential winner cannot be reached or fails to respond within three (3) calendar days from the first notification attempt, if potential winner fails to return requisite document within the specified time period, and/or if a potential winner is not in compliance with these Official Rules, then such person shall be disqualified and an alternate winner will be selected for the prize at issue. To claim the prize, you will be required to provide your correct full-name, mailing address, telephone number, date of birth, and/or e-mail address. The Prize Acceptance Release is subject to verification by Sponsor and the potential winner is subject to verification before the prize will be awarded.
The Sponsor and Released Parties have not made any warranty, representation or guarantee, expressed or implied, in fact or in law, with respect to any prize awarded and specifically disclaim all such warranties, including, without limitation, any warranty of merchantability or fitness for a particular purpose. A prize may not be sold, traded, or commissioned, and is not exchangeable, or transferable, except in Sponsor's sole discretion. There are no substitutions unless specified by the Sponsor. The Sponsor reserves the right at its sole discretion to substitute any prize (or prize component) with another prize (or prize component) of equal or greater value. Sweepstakes administrator is not the supplier or guarantor of any prize. Prizes may be fulfilled by a third party. The Sponsor and Released Parties are not in any way responsible or liable for damages resulting from shipping and handling, loss, use or misuse of any prize awarded in this Sweepstakes.
The prize winner will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the prize they receive. The stated “ARV” of the prize is based on available information provided to Sponsor, and any difference in ARV at the time of awarding will not be awarded, and the value of the prize awarded to a winner may be reported for tax purposes as required by law. The prize winner will be required to provide Sponsor with a valid social security number before the prize will be awarded for tax reporting purposes. An IRS Form 1099 will be issued in the name of the Grand Prize winner for the total ARV of the respective prize, as stated above, in the calendar year the prize was won. The winner’s acceptance of a prize constitutes permission (except where prohibited) for the Sponsor to use the winner’s name, photograph, likeness, statements, biographical information, voice and address (city and state) for any and all public relations, advertising and/or promotional purposes as determined by Sponsor, in all forms of media and by all manners (now and hereafter known), in perpetuity, without notice, consent, review or approval or further compensation.
VIII. MODIFICATION: In no event will Sponsor be obligated to award more prizes than the number of prizes stated in these Official Rules. If for any reason Sponsor determines, in its sole discretion, that the Sweepstakes is no longer capable of running as intended by these Official Rules for any reason whatsoever, Sponsor reserves the right to terminate, suspend, postpone, delay or modify the Sweepstakes, in whole or in part, including, but not limited to, any occurrences described in Rule No. IV above, or any other causes which may corrupt or impair the integrity, security, fairness or proper conduct of the Sweepstakes. If Sponsor determines that more prize claims are submitted or more prize notices are distributed than the number of prizes offered in these Official Rules, Sponsor shall immediately suspend all drawings and prize awards, and Sponsor reserves the right to award any remaining prizes (up to the total set forth in these Official Rules) in a manner deemed fair and equitable by Sponsor. For example, Sponsor may select a winner in a random drawing from among the eligible entries received up to the time of the impairment or conducted a random drawing among all prize claimants, and neither Sponsor, the Sweepstakes Administrator nor any of the Released Parties shall have any further liability to any entrant in connection with the Sweepstakes.
IX. OPT-IN / USE OF PERSONAL INFORMATION: By entering the Sweepstakes, each Participant consents for the Sponsor to utilize the information provided in connection with the Sweepstakes entry process for Sponsor's internal purposes in connection with operation of the Sweepstakes such as to communicate with Participant in relation to this Sweepstakes or on a Sweepstakes winner's list and such information will only be used to send Participants information about Sponsor's products and other offers. By participating in the Sweepstakes, each Participant authorizes the Sponsor to send text messages or emails to the respective address provided on the Sweepstakes method of entry form, regarding product offerings. Participants may opt out of receiving future e-mails from Sponsor by clicking on the link contained in the most recent e-mail received. To opt-out and stop receiving text messages from the Sponsor, Participants may reply "STOP" to any message, or text "STOP" to 24587. Participants will remain eligible for this Sweepstakes whether or not you opt out of receiving the texts or e-mails.
X. RELEASES: All Participants, as a condition of participation in this Sweepstakes, agree to indemnify, release and hold harmless Sponsor and Released Parties from and against any and all liability, claims, damages, injuries or actions of any kind whatsoever for injuries, damages, or losses to persons or property which may be sustained in connection with: (a) accessing the Sponsor's Website; (b) participating in any aspect of the Sweepstakes, including, without limitation, while preparing for, participating in and/or traveling to or from any prize or Sweepstakes-related activity, including, without limitation, any injury, damage, death, loss or accident to person or property; (c) the receipt, ownership, possession, use or misuse of any prize awarded; (d) viruses or any downloading or other problems with the Sweepstakes Application, or; (e) any typographical or other error in these Official Rules or the announcement of offering of any prize. Sponsor makes no representations or warranties of any kind concerning the appearance, safety or performance of any prize, except for any express manufacturer's warranty as may be included with the prize. Prize winner bears all liability and risk of loss or damage to his/her respective prize after it has been delivered.
Except where prohibited, as a condition of participating in this Sweepstakes, the parties agree that any and all disputes which cannot be resolved between the parties, claims and causes of action arising out of or connected with this Sweepstakes, or any prizes awarded, or the determination of winner shall be resolved individually, without resort to any form of class action exclusively by arbitration pursuant to the commercial arbitration rules of the American Arbitration Association, then effective. Further, in any such dispute, under no circumstances will Participant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental or consequential damages, or any other damages, including attorneys' fees, other than Participant's actual out-of-pocket expenses (e.g., costs associated with entering this Sweepstakes), and Participant further waives all rights to have damages multiplied or increased. The arbitration shall be conducted in the State of Ohio, in the City of Toledo, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. The arbitrator will apply the substantive laws of the state of Ohio, will issue a written decision and will have the power to award any legal remedies except as limited by these Official Rules. The parties will split the arbitrator’s fee; provided, however, if applicable law requires Sponsor to pay the arbitrator’s fee in order for the arbitration provision to be enforceable, Sponsor shall have the discretion to elect to pay such fees and proceed to arbitration. Participant irrevocably waives any right to bring or join in any class action regarding the Sweepstakes. Judgment upon the arbitration award may be entered in any court having jurisdiction thereof. This arbitration provision shall be deemed to be self-executing, and in the event that any party fails to appear to any properly noticed arbitration proceeding, an award may be entered against such party notwithstanding said failure to appear.
BY ENTERING THE SWEEPSTAKES, PARTICIPANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TWO HUNDRED FIFTY DOLLARS ($250.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (2) UNDER NO CIRCUMSTANCES WILL ANY PARTICIPANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED TWO HUNDRED FIFTY DOLLARS ($250.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (3) PARTICIPANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND PARTICIPANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY.
XII. OFFICIAL SWEEPSTAKES RULES REQUEST: For a copy of these Official Rules, send a request specifying Official Rules along with a self-addressed, stamped envelope postmarked by September 30, 2015 and received by October 7, 2015 and mail to: Compliance/“Tuffy Total Tailgate Package” Sweepstakes Official Rules, 106 Elm St, Stonington, CT 06378.
XIII. WINNERS LIST REQUEST: To request confirmation of the name and city/state of residence for the prize winner(s), please send a self-addressed, stamped business size envelope, by November 30, 2015, to: Compliance/“Tuffy Total Tailgate Package” Sweepstakes Winners List, 106 Elm St, Stonington, CT 06378. Requests received after November 30, 2015 will not be acknowledged or returned.
XIV. SPONSOR: Tuffy Associates Corp. 7150 Granite Circle Toledo, OH 43617
XV. ADMINISTRATOR: Compliance Sweepstakes Services LLC, 106 Elm St., Stonington, CT 06378 (the “Sweepstakes Administrator”).