EQUIPMENT: GET SET FOR SUMMER $500 SWEEPSTAKES TERMS AND CONDITIONS AND OFFICIAL RULES
NO PURCHASE NECESSARY. A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING.
COMMON TERMS USED IN THESE OFFICIAL RULES:These are the Official Rules that govern how the "Get Set for Summer" Sweepstakes (the "Sweepstakes") will operate.
In these Official Rules, "Sponsor," "we," "our," and "us" refers to Dutch, LLC. "You" refers to an eligible Sweepstakes entrant.
WHAT ARE THE START AND END DATES?
This Sweepstakes begins June 22, 2015 at 12 PM EST and ends on July 31, 2015 at 12 PM EST ("Entry Period").
CAN I ENTER?
You are eligible to enter this Sweepstakes if you meet the following requirements at the time of entry:
- You are a legal resident of the 50 United States and District of Columbia (void in Puerto Rico and all U.S. territories and possessions), and are at least 18 years of age or the legal age of majority in their state of residence, whichever is greater; and
- You are NOT an employee of Sponsor or an employee of one of Sponsor's affiliates or subsidiaries; and
- You are NOT involved in any part of the administration and execution of this Sweepstakes; and
- You are NOT an immediate family (parent, sibling, spouse, child) or household member of one of Sponsor's employees, an immediate family member or household member of an employee of one of Sponsor's affiliates or subsidiaries, or a person involved in any part of the administration and execution of this Sweepstakes (together with Sponsor, collectively the "Sweepstakes Entities").
This Sweepstakes is void outside of the geographic area described above and wherever else prohibited by law.
HOW DO I ENTER?
To enter, you must do all of the following during the Entry Period to be eligible:
Step 1: Visit the official Sweepstakes entry page: www.equipmentfr.com/summer-sweepstakes
Step 2: Enter the required fields (name and email address) on the Sweepstakes page, agree to the Official Rules and press "Submit" in order to submit your entry.
Only one (1) entry per person/email address is permitted during the Entry Period.
We are not responsible for entries that we do not receive for any reason, or for entries that we receive but are not decipherable for any reason.
We will automatically disqualify:
- Any incomplete or illegible entry; and
WINNER SELECTION AND PRIZE
There will be one (1) winner during the Sweepstakes Entry Period. The winner will be selected by the Sponsor from among all eligible entries received in a random drawing to win one (1) online promo code. Current/Elliott promo code may only be redeemed online at http://www.equipmentfr.com/. The promo code shall have an Approximate Retail Value ("ARV") of $500 (the "Prize"). Prize will be awarded "as is" with no warranty or guarantee, either express or implied offered by Sponsor, including without limitation, any implied warranty of merchantability or fitness for a particular purpose. Prize winner is solely responsible for the Prize upon receipt and the Prize will not be replaced or reactivated if lost. The promo code may not be used to purchase additional promo codes, or to count towards previous purchases. Promo codes will only be valid on one transaction per code and multiple codes cannot be combined for use in a single transaction.
If you are a potential winner, you will be notified by the Sponsor on or around Saturday, August 15, 2015 via email. If you are unreachable for any reason, we may award the Prize to an alternate, randomly selected winner. Winner can expect to receive their Prize within seven (7) days of Sponsor verifying the winner's eligibility, including but not limited to timely receipt of an executed Affidavit of Eligibility, Liability/Publicity Release (as detailed below).
If there is a dispute as to who is the potential winner, we will consider the potential winner to be the authorized account holder used to enter the Sweepstakes. If you are a potential winner, we may require you to sign an Affidavit of Eligibility, Liability/Publicity Release within five (5) business days of notification. If you do not complete the required forms as instructed and/or return the required forms within the time period listed on the winner notification message, we may disqualify you and select an alternate, randomly selected winner.
If you are confirmed as a winner of this Sweepstakes:
Promo code is subject to all terms and conditions set by Sponsor. You may not exchange your Prize for cash or any other services. No cash given for any unused portion of Prize, including the promo code. However, if for any reason the advertised Prize is unavailable, we reserve the right to substitute a Prize of equal or greater value; and
You may not designate someone else as the winner. If you are unable or unwilling to accept your Prize, we will award it to an alternate potential winner; and
If you accept a Prize, you will be solely responsible for all applicable taxes related to accepting the Prize and any other costs and expenses associated with Prize acceptance and use of the Prize not specified herein as being provided.
WHAT ARE YOUR ODDS OF WINNING?
Your odds of winning this Sweepstakes depend on the number of total entries received.
WHAT OTHER CONDITIONS ARE YOU AGREEING TO BY ENTERING THIS SWEEPSTAKES?
By entering this Sweepstakes each entrant represents and warrants that he or she:
- Has read, understands and will abide by these Official Rules; and
- Is a legal resident of the fifty United States or the District of Columbia; and
- Is at the time of entry, at least of the age specified in the Official Rules; and
- Releases and holds harmless the Sweepstakes Entities from any and all liability or any injury, loss or damage of any kind arising from or in connection with this Sweepstakes or any Prize won; and
- Agrees that Sponsor's decisions will be final and binding on all matters related to this Sweepstakes; and
- Agrees that by accepting a Prize, Sponsor may use entrant's legal name and state of residence online and in print, or in any other media, in connection with this Sweepstakes, without payment or compensation to entrant, except where prohibited by law; and
- Has the right to agree to and fully perform consistent with these Official Rules and no consent of any third parties is required to grant the rights hereunder.
WHAT LAWS GOVERN THE WAY THIS SWEEPSTAKES IS EXECUTED AND ADMINISTRATED?
By participating in this Sweepstakes each entrant agrees that any claim, dispute, or controversy (whether in contract, tort, or otherwise) entrant may have against the Sponsor and the Sweepstakes Entities arising out of, relating to, or connected in any way with the Sweepstakes, the awarding or redemption of the prize, or the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by American Arbitration Association ("AAA") and conducted before a sole arbitrator pursuant to the applicable Rules and Procedures established by AAA ("Rules and Procedures"). This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act ("FAA"), 9 U.S.C. §§ 1-16. The arbitration shall be held at a location determined by AAA pursuant to the Rules and Procedures (provided such location is reasonably convenient for entrant), or at such other location as may be mutually agreed by the entrant and Sponsor. The arbitrator's decision shall be controlled by the terms and conditions of these Official Rules and any of the other agreements referenced herein that the applicable entrant may have entered into in connection with the Sweepstakes. The arbitrator shall apply California law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law. THERE SHALL BE NO AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED ON A CLASS OR REPRESENTATIVE BASIS, ARBITRATION CAN DECIDE ONLY THE ENTRANT'S AND/OR SPONSOR'S INDIVIDUAL CLAIMS; THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. The entrant and Sponsor shall be entitled to recover punitive, incidental and/or consequential damages to the extent permitted by law. In the event that the administrative fees and deposits that must be paid to initiate arbitration against Sponsor exceed $125 USD for claims less than $10,000 or $375 for claims greater than $10,000 but less than $75,000, and the entrant is unable (or not required under the applicable Rules and Procedures) to pay any fees and deposits that exceed this amount, Sponsor agrees to pay them and/or forward them on the entrant's behalf, subject to ultimate allocation by the arbitrator. In addition, if the entrant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the entrant's filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. With the exception of the bolded section of this provision, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the bolded language is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither Sponsor nor entrant shall be entitled to arbitrate their dispute.
WHAT IF SOMETHING UNEXPECTED HAPPENS AND THE SWEEPSTAKES CAN'T RUN AS PLANNED?
If cheating, a virus, bug, catastrophic event, or any other unforeseen or unexpected event that cannot be reasonably anticipated or controlled, (also referred to as force majeure) affects the fairness and/or integrity of this Sweepstakes, we reserve the right to cancel, change or suspend this Sweepstakes for any reason. This right is reserved whether the event is due to human or technical error. Furthermore, Sponsor reserves the right in its sole discretion to modify, cancel, terminate, and/or suspend the Sweepstakes. In the event that the Sweepstakes is terminated early, Sponsor reserve the right, but not the obligation, to award any Prize in a random drawing from among the eligible entries received prior to the date of termination.
If you attempt to compromise the integrity or the legitimate operation of this Sweepstakes by hacking or by cheating or committing fraud in ANY way, we may disqualify you and seek damages from you to the fullest extent permitted by law. Further, we may ban you from participating in any of our future Sweepstakes, so please play fairly.
HOW CAN YOU FIND OUT WHO WON?
For notification of the winners' names, please send a self-addressed, stamped envelope to "Dutch, LLC, Attn: Current/Elliott Stock Up For Summer Sweepstakes Winner Information, Marketing Director" to the Sponsor's address (below) within ninety (90) days following the completion of Entry Period.
WHO IS SPONSORING THIS SWEEPSTAKES?
5301 S. Santa Fe Ave
Vernon, California 90058
WHAT RULES GOVERN ENTRANT'S PERSONAL INFORMATION?
The invalidity or unenforceability of any provision of these Official Rules or the Affidavit of Eligibility/Release of Liability will not affect the validity or enforceability of any other provision. In the event that any provision of the foregoing is determined to be invalid or otherwise unenforceable, the other provisions will remain in effect. Entrants agree to waive any rights to claim ambiguity of these Official Rules. Headings are solely for convenience.