2019 Fireworks Giveaway Promotion

OFFICIAL RULES

Promotion Name: American Pride Assortment Giveaway (this “Promotion”)
Promotion Sponsor: American Promotional Events, Inc. d/b/a TNT Fireworks (the “Sponsor”)
Sponsor’s Address: 4511 Helton Drive, Florence, Alabama 35630
Sponsor’s Telephone Number: (800) 243-1189

1. NO PAYMENT OR PURCHASE OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS PROMOTION. NO PURCHASE WILL AFFECT OR INCREASE THE CHANCE(S) OF WINNING THIS PROMOTION. THIS PROMOTION IS VOID WHERE PROHIBITED BY LAW.

2. Who is eligible for this Promotion? This promotion is only open to residents of one of the fifty (50) states of the United States of America, and/or the District of Columbia, who are nineteen (19) years of age or older (or twenty-one (21) years of age or older in New Hampshire) (each a “Participant”), and who visit a participating stand or tent during the Promotion Period (as subsequently defined).

Affiliates, agents, directors, employees, officers, personnel of a participating stand or tent, and/or subsidiaries of the Sponsor (collectively the “Ineligible Parties”) are not eligible for this Promotion. “Family Members” (as subsequently defined) of any of the Ineligible Parties are also not eligible for this Promotion. For purposes of this Promotion, “Family Members” shall be defined as and include any children, parents, siblings, and spouse.

The Sponsor, and personnel of a participating stand or tent (the “Personnel”), each reserve the right to determine the eligibility of a Participant. By entering into this Promotion, a Participant unconditionally accepts and agrees to these Official Rules.

3. How to enter this Promotion? In order to enter this Promotion, a Participant must visit a participating stand or tent during its business hours, during the Promotion Period (as subsequently defined), and complete an official entry form, either electronically or on paper. Duplicates and facsimiles of official entry forms are not acceptable. Official entry forms must be fully completed, and those that are completed on paper must be legible and deposited in the receptacle designated by Personnel. Only one (1) entry per Participant is allowed for each participating stand or tent during the Promotion Period (as subsequently defined).

Official entry forms are subject to availability and shall become the property of the Sponsor when submitted. Official entry forms will not be acknowledged by the Sponsor, and official entry forms will not be returned to a Participant.

4. When is the Promotion Period? This Promotion begins on the date a participating stand or tent opens for business; provided, however, in no event shall this Promotion begin before 12:00 a.m. local time (as determined by the location of the participating stand or tent) on June 15th, 2019 and ends at 12:00 p.m. local time (as determined by the location of the participating stand or tent) on July 3rd, 2019 (the “Promotion Period”).

5. What are the odds of winning the Promotion? The odds of winning the Prize (as subsequently defined) are wholly dependent on the number of Participants within the Promotion Period.

6. How is a winner of the Promotion selected? The winner of this Promotion will be selected through a random drawing conducted by Personnel of a participating stand or tent on or after 12:00 p.m. local time (as determined by the location of the participating stand or tent) on July 3rd, 2019.

A Participant does not be present at the time of the drawing in order to win; provided, however, if Personnel is unable to immediately reach the winner via the telephone number provided on the official entry form, or if the winner is unable to immediately claim the Prize (as subsequently defined), the winner will be deemed to have forfeited the Prize and another winner will be selected in accordance with this paragraph.

7. What is the prize for this Promotion? There is one (1) prize per participating stand or tent. The prize for this Promotion is an American Pride Assortment (or other comparable assortment of equal or higher value) containing consumer fireworks and deregulated novelties allowed by applicable law (the “Prize”). The Prize has an approximate retail value of $170.00 USD.

The winner must retrieve the Prize in-person on or before July 4th, 2019. At the time the winner retrieves the Prize, he or she must present valid photographic identification that establishes he or she is of lawful age to purchase or otherwise possess consumer fireworks and/or deregulated novelties in the appropriate jurisdiction.

The Sponsor, and the Personnel, each reserve the right to disqualify any winner who does not meet the eligibility requirements (including, without limitation, the lawful age requirements) or does not retrieve the prize within the specified time frame set forth in these Official Rules.

8. Applicable Taxes. A Participant who wins the Prize for this Promotion shall be solely responsible for paying and reporting any and all applicable federal, state, and local taxes, as well as any and all related costs, expenses, and fees. If the value of the Prize is $600.00 USD or over, a Participant who wins the Prize will receive an Internal Revenue Service Form 1099-MISC at the end of the calendar year in which the Prize was awarded.

9. Consents and Rights granted by Participant. To the fullest extent permitted by law, by entering this Promotion, a Participant consents to the Sponsor contacting a Participant for advertising, marketing, and promotional purposes (in addition to contacting a Participant for purposes of identifying him or her as a winner of this Promotion) by email, mail, or telephone via that contact information provided by a Participant on an official entry form. A Participant may withdraw his or her consent at any time by contacting the Sponsor via email at info@tntfireworks.com .

To the fullest extent permitted by law, by entering this Promotion, a Participant grants the Sponsor a royalty-free, perpetual, and worldwide license to broadcast, distribute, exploit, print, publish, reproduce, share, and use a Participant’s name, a Participant’s biographical information,a Participant’s image, and a Participant’s likeness for the Sponsor’s advertising, marketing, and/or promotional purposes, as well as for the purpose of disclosing the winner of this Promotion.

10. Disclaimer of Representations and Warranties. THE SPONSOR MAKES NO EXPRESS REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE PRIZE OR THIS PROMOTION. THE SPONSOR DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, INCLUDING THOSE WHICH MAY BE IMPLIED, REGARDING THE PRIZE OR THIS PROMOTION.

FURTHERMORE, CONSUMER FIREWORKS AND DEREGULATED NOVELTIES ARE NOT LAWFUL FOR POSSESSION OR USE IN ALL JURISDICTIONS. THE SPONSOR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KING REGARDING THE LAWFULNESS OF THE POSSESSION OR USE OF THE PRIZE IN ANY JURISDICTION (EXCEPT THAT THE PRIZE IS LAWFUL TO POSSESS IN THE JURISDICTION WHERE A PARTICIPATING STAND OR TENT IS LOCATED). THE WINNER OF THE PRIZE IS SOLELY RESPONSIBLE FOR DETERMINING THE LAWFULNESS OF THE POSSESSION OR USE OF THE PRIZE AFTER RETRIEVING THE PRIZE FROM A PARTICIPATING STAND OR TENT.

11. Limitation of Liability of the Sponsor. To the fullest extent permitted by law, by entering this Promotion, a Participant agrees to hold harmless and release the Sponsor, its affiliates, its agents, its directors, its employees, its officers, the Personnel, and its subsidiaries from and against any and all actions, causes of action, claims, costs, damages, deaths, expenses (including, without limitation, reasonable attorneys’ fees), injuries, illnesses, judgments, liabilities, losses, penalties, and suits arising out of, relating to, or resulting from, whether directly or indirectly: (i) the acceptance, possession, use, or misuse (or alleged misuse) of the Prize; (ii) the negligent (or alleged negligence) act(s) or omission(s) by a Participant; (iii) the intentional act(s) or omission(s) by a Participant; (iv) the violation (or alleged violation) of any applicable law, order, regulation, or statute by a Participant.

12. Governing Law and Jurisdiction. These Official Rules and this Promotion shall be construed in accordance with and governed by the laws of the State of Alabama, except for its conflict of law principles. By entering this Promotion, a Participant submits to the exclusive personal jurisdiction of those federal and state courts having jurisdiction over Lauderdale County, Alabama, and a Participant waives any claim or defense based on lack of jurisdiction and/or forum non conveniens. To the fullest extent permitted by law, each Participant agrees to resolve any dispute regarding this Promotion with the Sponsor individually, without resort to any form of a class action.

13. Privacy Policy. Information shared or submitted by a Participant as an entry into this Promotion is subject to the Sponsor’s Privacy Policy which may be found at the following link: https://www.tntfireworks.com/privacy . The Sponsor reserves the right to amend or modify the Privacy Policy set forth on the foregoing link without providing notice to a Participant. Any amendments or modifications to the Privacy Policy set forth on the foregoing link shall be binding upon a Participant upon a Participant’s continued entrance in this Promotion and/or a Participants continued use of the Sponsor’s website.

14. General. In the event any term(s), condition(s), or provision(s) of these Official Rules is(are) deemed or held to be illegal, invalid, or otherwise unenforceable by a court of competent jurisdiction, only such term, condition, or provision shall be severable, and the remaining terms, conditions, and provisions of these Official Rules shall remain in full force and effect. These Official Rules shall be binding upon a Participant, the Sponsor, and their respective assigns, heirs, and successors. These Official Rules may not be amended or modified by a Participant without the prior written consent of the Sponsor, which may be withheld in the Sponsor’s sole discretion. These Official Rules may not be assigned by a Participant, without the prior written consent of the Sponsor, which may be withheld in the Sponsor’s sole discretion; provided, however, the Sponsor may assign these Official Rules without any consent from the Participant, although the Sponsor shall provide a Participant with written notice of any assignment. Sections 7, 8, 9, 10, 11, 12, 13, and 14 of these Official Rules shall survive the expiration or termination of this Promotion.