100 Year Celebration Sweepstakes
We would like to thank you for supporting us over the last 100 Years. Celebrate with us! One lucky winner will receive $10,000!
2020 SWEEPSTAKES OFFICIAL RULES
(the “Official Rules”)
Sweepstakes Name: 2020 TEN THOUSAND DOLLAR ($10,000.00) Sweepstakes (the “Sweepstakes”)
Sweepstakes Sponsor: American Promotional Events, Inc., a Delaware 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? Subject to Section 1 and the following sections, the Sweepstakes is only open to legal residents of one of the fifty (50) states of the United States of America or the District of Columbia, who are nineteen (19) years (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 complete the electronic registration form found on www.tntfireworks.com. A link to this electronic registration form will be available by using a QR code reader at the Sponsor’s stand and tent locations. There will be no paper registration forms made available to a Participant; provided however, if a Participant is eligible for the Sweepstakes and requires reasonable accommodation to enter the Sweepstakes, please contact the Sponsor by email at email@example.com or by phone at (800) 243-1189. Incomplete registration forms will not be accepted or considered. Each Participant is limited to one (1) entry.
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 12:00 a.m. central time on Friday, May 15th, 2020 until 11:59 p.m. central time on Monday, July 6th, 2020. No entries after 11:59 p.m. central time on Monday, July 6th, 2020 will be accepted or considered.
6. How is a winner of the Sweepstakes selected? A Participant will be randomly selected as the winner of the Sweepstakes from a list of entries (the “Winner”). The Winner of the Sweepstakes will be contacted by the Sponsor either by the phone number or email provided to the Sponsor on the registration form. In addition, the Winner may be announced on the Sponsor’s social media platforms, such Facebook, Instagram and/or Twitter. The Winner has one (1) week (or seven (7) calendar days) from receiving either a phone call or email form the Sponsor to accept the Prize. If the Winner does not accept or claim the Prize within this time frame, another winner will be selected in accordance with manner described in this Section 6.
7. What is the prize for the Sweepstakes? The prize for the Sweepstakes is TEN THOUSAND UNITED STATES DOLLARS AND NO CENTS ($10,000.00) (the “Prize”). Subject to Section 8, the Prize will be delivered in lawful tender of the United States of America to the Winner, at an address provided by the Winner. The Sponsor will pay for the shipping and handling costs, if any, associated with the Prize being transmitted to the Winner.
8. Applicable Taxes. The Winner 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 Winner shall provide the Sponsor simultaneously upon the acceptance of the Prize with a completed Internal Revenue Service Form W-9. The failure of the Winner to provide a completed Internal Revenue Service Form W-9 shall disqualify the Winner and another winner will be selected in accordance with the manner described in Section 6. Since the value of the Prize is in excess of SIX HUNDRED UNITED STATES DOLLARS AND NO CENTS ($600.00), the Winner will receive an Internal Revenue Service Form 1099-MISC at the end of the calendar year in which the Prize was awarded. In addition to Section 11, the Winner agrees to defend, indemnify and hold harmless the Sponsor, its affiliates, its agents, its directors, its employees, its officers and its subsidiaries from any and all actions, claims, costs, demands, expense (including, but not limited to, reasonable attorneys’ fees), fines, investigations, judgments and/or penalties resulting from the Winner’s delay or failure to timely pay any applicable federal, state or local tax assessed on or related to the Prize.
9. Rights granted by Participant. To the fullest extent permitted by law, by entering into the Sweepstakes, each and every Participant: (1) grants the Sponsor a royalty-free, perpetual, and worldwide license to broadcast, distribute, exploit, print, publish, reproduce, share, and use: (a) the Participant’s name;(b) the Participant’s Instagram handle (or username);(c) the Participant’s biographical information; (e) the Participant’s image; and (f) and the Participant’s likeness for the Sponsor’s advertising, marketing and promotional purposes, as well as for the purpose of disclosing the Winner of the Sweepstakes; and (2) consents to receiving advertising, marketing and promotional email communications from the Sponsor, until such time this consent has been subsequently withdrawn by a Participant in the manner prescribed by those email communications.
10. Disclaimer of Representations and Warranties. THE SPONSOR MAKES NO EXPRESS REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE WHATSOEVER WITH RESPECT TO THE PRIZE OR THE SWEEPSTAKES. THE SPONSOR DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND AND NATURE WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, THOSE WHICH MAY OTHERWISE BE IMPLIED, WITH RESPECT TO THE PRIZE OR THE SWEEPSTAKES.
11. Limitation of Liability of the Sponsor. By entering the Sweepstakes, each and every 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 jurisdictionand/or forum non conveniens. To the fullest extent permitted by law, by entering the Sweepstakes, each and every Participant agrees to resolve any dispute regarding the Sweepstakes with the Sponsor individually, without resort to any form of a class action. ACCORDINGLY, BY ENTERING INTO THE SWEEPSTAKES, EACH AND EVERY PARTICIPANT WAIVES THEIR RIGHT(S) TO PARTICIPATE IN OR PURSUE A CLASS ACTION AGAINST THE SPONSOR RELATED TO THE SWEEPSTAKES TO THE FULLEST EXTENT PERMITTED BY LAW.
14. California Residents. Information shared or submitted by a Participant, who is a resident of the State of California, is subject to the Sponsor’s Privacy Notice for California Residents which may be found on the following link: https://www.tntfireworks.com/ca-privacy. The Sponsor reserves the right to amend or modify the Sponsor’s Privacy Notice for California Residents found on the foregoing link, without providing notice to a Participant, who is is a resident of the State of California. Any amendments or modifications to the Sponsor’s Privacy Notice for California Residents found on the foregoing link shall be binding upon a Participant by the same Participant’s continued entrance in the Sweepstakes or by the same Participant’s continued use of the Sponsor’s website, whichever occurs earlier.
15. OFAC Compliance. By entering into the Sweepstakes, each and every Participant represents and warrants to the Sponsor that at the time of their respective entrance into the Sweepstakes and thereafter, they are not a blocked or restricted person under any executive order (including, but not limited to, that certain Executive Order Blocking Property and Prohibiting Transactions with Persons Who Commit, Threaten to Commit, or Support Terrorism from September 24, 2001), any statute, or any the regulations of the Office of Foreign Asset Control (“OFAC”) within the United States Department of Treasury (including, but not limited to, a person named on OFAC’s Specially Designated and Blocked Persons list).
16. 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 each and every 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, 14, 15, and 16 of these Official Rules shall survive the expiration or termination of the Sweepstakes.