Win a Glowing Kickapoo Chair Sweepstakes
The following promotion is intended for viewing in the United States and District of Columbia (D.C.) only (including territories, possessions, and commonwealths) and will be construed and evaluated according to United States laws. Do not proceed in this site if you are not a legal resident of the U.S. or D.C., 18 years or older, and accessing this site in the United States, its territories, possessions, or commonwealths.
Win a Glowing Kickapoo Chair Sweepstakes (the “Promotion”)
Official Rules – No purchase or online entry necessary to enter or win. A purchase will not increase your chance of winning. Void where prohibited.
- How to Enter. Beginning at 12 a.m. CST on June 6th, 2016 until 12 a.m. CST on July 31st, 2016 (the “Sweepstakes Period”), you may enter the Win A Glowing Kickapoo Chair Sweepstakes (the “Sweepstakes”) in any of the following ways: (i) online, by visiting the Kickapoo website (www.drinkkickapoo.com) (the “Kickapoo Website”) and completing and submitting the online entry form (limit one (1) online entry, per valid email address, per eligible person per day) or (ii) by mail, by hand printing your name, complete address, phone number (including area code) and date of birth either on a postcard or on a separate piece of paper no larger than 8½ x 11 inches, and mailing the postcard or paper in an envelope with the proper postage affixed to: “Win a Glowing Kickapoo Chair Sweepstakes, 1145 Zonolite Raod, Suite 9, Atlanta, Georgia 30306.” Entrants using US mail may enter as often as they wish. Mail-in entries must be postmarked by July 31st, 2016 and received by August 15th, 2016. Limit one (1) entry per stamped envelope. Mechanically reproduced or pre-printed mailing labels or entries generated by script, macro or other automated or mechanical means and entries by any means which subvert the entry process will not be accepted. Mechanical stamping machines are acceptable. Incorrect, illegible, corrupt, and incomplete entries are void. These official rules are also available at the Kickapoo Website or by writing to “Win a Glowing Kickapoo Chair Sweepstakes,1145 Zonolite Raod, Suite 9, Atlanta, Georgia 30306”.
All eligible entries received will be entered in the Prize Drawing. When you enter through the Kickapoo Website, you may be asked to consent to receive promotional e-mails and reminders for upcoming promotions and to receive information about Sponsor and its affiliates. Consent to receive such e-mails is optional, does not have to be agreed to in order to be eligible to enter the Sweepstakes, and does not improve your chances of winning. Sponsor, Sweepstakes Administrator, and each of their respective affiliates, subsidiaries, parent corporations, advertising and promotion agencies, all local sponsors, and their respective officers, directors, shareholders, employees and agents, and any and all Internet servers and access provider(s) (collectively, “Released Parties”) are not responsible for: any incorrect or inaccurate entry information; human error; technical malfunctions; failures, omission, interruption, deletion, or defect of any telephone network, computer online systems, computer equipment, server providers, or software, including any injury or damage to participant’s or any other person’s computer relating to or resulting from participation in this Sweepstakes; inability to access the Websites; theft, tampering, destruction, or unauthorized access to, or alteration of entries; entries that are processed late or incorrectly or are incomplete or lost due to computer or electronic malfunction or traffic congestion on the Internet or at any website; printing, typographical, human or other errors; and any entries which are late, lost, incomplete, delayed, misdirected, stolen, mutilated, inaccurate, illegible or arrive postage due, or any combination thereof. Entries are considered only upon receipt. Proof of mailing or online submission is not considered proof of delivery or receipt. All entries become the property of Sponsor and will not be returned. A purchase will not increase your chance of winning. CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY’S FEES) FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION. If by reason of a printing or other error, more prizes are claimed than the number set forth in these rules, all persons making purportedly valid claims will be included in a random drawing to award the advertised number of prizes available in the prize category in question. No more than the advertised number of prizes will be awarded. You further understand and agree that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived. You acknowledge that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.
- Eligibility. This Sweepstakes is open only to legal residents of the U.S. and its territories, possessions and commonwealths who are 18 years of age or older as of June 6th, 2016, except employees and members of their households, whether or not related, and immediate families (spouses, parents, siblings, children and each of their respective spouses regardless of where they reside) of Sponsor and Sweepstakes Administrator and their respective parent companies, subsidiaries, dealerships, and affiliates, and their advertising and promotion agencies are not eligible to enter or win the Prize. Sponsor reserves the right to conduct a background check on any potential Prize Winner (as defined below) and reserves the right in its sole discretion to disqualify any person based on such background check if Sponsor determines in its sole discretion that awarding the prize to such potential Prize Winner might reflect negatively on Sponsor or Sweepstakes Administrator. By entering, all participants and/or entrants agree to release the Released Parties from and against all claims and damages arising in connection with each entrant’s participation and/or entry in the Sweepstakes and/or his/her receipt or use of any element of the Grand Prize awarded in this Sweepstakes including any injury or harm resulting from or any travel or activity related thereto. Any and all warranties and guarantees with respect to any prize element are subject to the respective manufacturer’s terms. This Sweepstakes is governed by U.S. law and is subject to all applicable federal, state and local laws and regulations. Void outside the U.S. and its territories, possessions, and commonwealths and where prohibited by law.
- How the Prize Winners will be Determined; Odds of Winning. Two (2) potential prize winners (“Prize Winner(s)”) will be chosen by Sponsor in a random drawing from among all eligible entries received during the entire Sweepstakes Period on or about August 20th, 2016 (the “Prize Drawing”) by Aztech Graphics, Inc. d/b/a Object 9 (“Sweepstakes Administrator”). Sponsor anticipates that the potential Prize Winners will be contacted either by phone, e-mail from the email address firstname.lastname@example.org or in writing between August 20th and August 31st, 2016 (subject to change). The Prize Winners will be required to execute an affidavit of eligibility and release of liability and publicity (where permitted by law), and return same, fully-executed, within five (5) days of date of issuance of prize notification. If Sponsor is unable to contact the potential Prize Winner within five (5) days of the initial attempt, if the potential Prize Winner fails to return all requested forms fully-executed by the specified date, or if the potential Prize Winner fails to comply with these Official Rules, his/her place as a possible Prize Winner will be forfeited at Sponsor’s discretion, and an alternate Prize Winner shall be selected. Sponsor reserves the right to select the winner in a random drawing format that shall be determined by Sponsor. Odds of winning depend on the total number of entries received.
- Prize Terms. Sponsor and Sweepstakes Administrator’s decisions with respect to the Grand Prize Winner and other matters pertaining to the Sweepstakes shall be final and binding. By entering into the Sweepstakes, each entrant consents to the use by Sponsor and Participating Parties and their designees of entrant’s name, photograph, likeness, biography, voice, performance and/or video for advertising and promotional purposes including Participating Parties’ content in any and all media (including online announcements) now or hereafter known, throughout the universe in perpetuity without additional compensation, notification or permission, except where prohibited by law. In addition, participants in any of Sponsor’s on-air presentations will be required to sign any agreements and releases designed by Sponsor with respect to their services and performances.
- General Conditions. Entry materials that have been tampered with or altered are void. If, in the Sponsor’s opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Sweepstakes, or if computer virus, bug, unauthorized intervention, fraud, or technical difficulties or other failures compromise, corrupt, or affect the administration, integrity, security, fairness, or proper conduct of the Sweepstakes, the Sponsor reserves the right at its sole discretion to disqualify any individual who tampers with the entry process and void any entries submitted fraudulently, to modify or suspend the Sweepstakes, or to terminate the Sweepstakes and conduct a random drawing to award the prize using all eligible, non-suspect entries received as of the termination date. Should the Sweepstakes be terminated prior to the stated expiration date, notice will be posted on the Website. Any attempt by an entrant or any other individual to deliberately 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, Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. In the event of a dispute as to the identity of the potential Prize Winner based on an e-mail address, the winning entry will be declared made by the authorized account holder of the e-mail address submitted at time of entry. “Authorized account holder” is defined as the natural person who is assigned to an e-mail address by an Internet access provider, on-line service provider, or other organization (e.g., business, educational, institution) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Such Authorized account holder will be required to comply with these Official Rules.
- Prize. Two (2) Prize Winners shall each win the Prize, which consists of one vinyl inflatable chair with approximate value of $80 USD (the “Prize”). Prize shall be conveyed to the Prize Winner AS IS without any representations or warranties, express or implied. Neither Sponsor nor Sweepstakes Administrator shall be held liable for any defects in or damages arising from use of any Prize.
- General Prize Conditions. All costs, taxes, fees, and expenses associated with a Prize or the acceptance and use of any element of a Prize not specifically addressed above are the sole responsibility of the winner. All federal, state, and local taxes on Prize are winner’s responsibility. Some restrictions may apply. Prizes cannot be transferred, substituted or redeemed for cash except at Sponsor’s sole discretion. Sponsor reserves the right to substitute any prize, or portions thereof, with a prize of comparable or greater value, at its sole discretion.
- Release of Liability. By participating in this Promotion, entrants agree to release, discharge and hold harmless Sponsor, Sweepstakes Administrator and their respective parents, affiliates, subsidiaries, advertising and promotion agencies, and other individuals engaged in the development or execution of this Promotion, from any liability, claims, losses and damages arising out of or relating to their participation in this sweepstakes or the acceptance, use, misuse or possession of any prize received in this sweepstakes.
- Disputes/Governing Law. All issues and questions concerning the construction, validity, interpretation and enforceability of these rules, or the rights and obligations of any entrant or the Sponsor or Sweepstakes Administrator in connection with the Promotion, shall be governed by and construed in accordance with the laws of the State of Louisiana without giving effect to any choice of law or conflict of law rules or provisions which would cause the application or the laws of any jurisdiction other than the State of Louisiana. Any action or litigation concerning this Agreement shall take place exclusively in the federal or state courts sitting in Lafayette Parish, Louisiana, and you expressly consent to the jurisdiction of and venue in such courts and waive all defenses of lack of jurisdiction and inconvenient forum with respect to such courts. Any and all disputes, claims, and causes of action arising out of or in connection with this Promotion, shall be resolved individually, without resort to any form of class action. You agree to service of process by mail or other method acceptable under the laws of the State of Louisiana. ANY CLAIMS, JUDGMENTS AND/OR AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS ASSOCIATED WITH ENTERING THIS PROMOTION. YOU (AND YOUR PARENTS OR LEGAL GUARDIANS IF YOU ARE A MINOR) HEREBY WAIVE ANY RIGHTS OR CLAIMS TO ATTORNEY’S FEES, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ENTRANT, IDENTIFIABLE PERSONS, OR THIRD PARTY PARTICIPANTS, WHETHER FORESEEABLE OR NOT AND WHETHER BASED ON NEGLIGENCE OR OTHERWISE.
- Winner’s List. Beginning on or about August 31st, 2016, you may obtain the name of the Prize Winners by going to the Kickapoo Website (www.drinkkickapoo.com) or mailing a self-addressed stamped envelope to: “Win a Glowing Kickapoo Chair Sweepstakes – Winner’s List, 1145 Zonolite Road, Suite 8, Atlanta, Georgia 30306”. Requests received after September 30th, 2016 will not be honored.
- Inquiries or Questions. Any inquiries or questions regarding this Promotion may be sent by e-mail to email@example.com or by regular mail to “Win a Glowing Kickapoo Chair Sweepstakes, 1145 Zonolite Road, Suite 9, Atlanta, Georgia 30306”.
Sponsor: Monarch Beverages.
Sweepstakes Administrator: Aztech Graphics, Inc. d/b/a Object 9.