2019 SWEEPSTAKES OFFICIAL RULES
(the “Official Rules”)
2019 Grill Giveaway (the “Sweepstakes”)
Sweepstakes Sponsor: American Promotional Events, Inc. – East, an Alabama corporation 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 TO WIN THIS SWEEPSTAKES. NO PURCHASE WILL AFFECT OR INCREASE THE CHANCE(S) OF WINNING THIS SWEEPSTAKES. THIS SWEEPSTAKES IS VOID WHERE PROHIBITED BY LAW.
2. Who is eligible for the Sweepstakes? The Sweepstakes is only open to legal 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 as of May 22, 2019 (each a “Participant”). Affiliates, agents, directors, employees, officers, the parent, and/or subsidiaries of the Sponsor (collectively the “Ineligible Parties”) are not eligible for the Sweepstakes. “Family Members” (as subsequently defined) of any of the Ineligible Parties are not eligible for the Sweepstakes. For purposes of the Sweepstakes, “Family Members” shall be defined as and include any children, parents, siblings, and spouse. The Sponsor reserves the sole right to determine the eligibility of each Participant. By entering into the Sweepstakes, a Participant unconditionally accepts and agrees these Official Rules.
3. How to enter the Sweepstakes? To enter the Sweepstakes, a Participant must: (1) “Like” the Sponsor’s post on Instagram featured on the following link: https://www.instagram.com/p/BxyFG5vnhYj/ ; (2) follow @tntfireworks on Instagram; and (3) “tag” someone in the comment section of the Instagram post featured in the foregoing link.
4. What are the odds of winning the Sweepstakes? The odds of winning the Sweepstakes are wholly dependent on the number of Participants within the specific time period set forth below.
5. How long are the Sweepstakes? The Sweepstakes is open from the time of the Instagram post on Wednesday, May 22, 2019 (in the Central time zone) until 11:59 p.m. Central time on Saturday, June 15 th , 2019.
6. How is a winner of the Sweepstakes selected? The winner of the Sweepstakes will be randomly selected from a list of Instagram handles (or usernames) of those Participants who have entered the Sweepstakes. The winner of the Sweepstakes will be announced via the Sponsor’s Instagram page on Sunday, June 16 th , 2019. The winner will be contacted through a direct message on Instagram, and the winner will have one (1) week (or seven (7) calendar days) in order to claim the Prize (as hereinafter defined). If the winner does not claim the Prize (as hereinafter defined), another winner will be selected in accordance with the same manner as described by this Section 6.
7. What is the prize for the Sweepstakes? The prize for the Sweepstakes is one (1) Traeger Wood Pellet Generation 1 Pro Series Grill (the “Prize”) with an approximate retail value of $649.99 USD. The Prize will be shipped to the winner, at an address provided by the winner. The Sponsor will pay for the shipping and handling costs associated with the Prize being shipped to the winner.
8. Applicable Taxes. The Participant who wins the Prize for the Sweepstakes 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. The Participant who wins the Prize for the Sweepstakes shall provide the Sponsor with valid identification and a valid taxpayer identification number or social security number before the Prize will be awarded. 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. Rights granted by Participant. To the fullest extent permitted by law, by entering the Sweepstakes, a Participant grants the Sponsor a royalty-free, perpetual, and worldwide license to broadcast, distribute, exploit, print, publish, reproduce, share, and use the Participant’s name, the Participant’s Instagram handle (or username), the Participant’s biographical information, the Participant’s image, and the Participant’s likeness for the Sponsor’s advertising, marketing, and/or promotional purposes, as well as for the purpose of disclosing the winner of the Sweepstakes.
10. Disclaimer of Representations and Warranties. THE SPONSOR MAKES NO EXPRESS REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE PRIZE OR THE SWEEPSTAKES. THE SPONSOR DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, INCLUDING THOSE WHICH MAY BE IMPLIED, REGARDING THE PRIZE OR THE SWEEPSTAKES. FURTHER, A PARTICIPANT ACKNOWLEDGES AND AGREES THAT THE SPONSOR IS NEITHER THE DESIGNER NOR THE MANUFACTURE OF THE PRIZE.
11. Limitation of Liability of the Sponsor. By entering the Sweepstakes, a Participant agrees to hold harmless and release the Sponsor, its affiliates, its agents, its directors, its employees, its officers, its parent, 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 the Sweepstakes 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 the Sweepstakes, 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 the Sweepstakes with the Sponsor individually, without resort to any form of a class action.
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 8, 9, 10, 11, 12, 13, and 14 of these Official Rules shall survive the expiration or termination of the Sweepstakes.