2019 NATIONAL TAILGATE DAY SOCIAL SWEEPSTAKES
If you participate via mobile device, message and data rates may apply.
A. NO PURCHASE IS NECESSARY TO ENTER OR CLAIM A PRIZE. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. 2019 National Tailgate Day Social Sweepstakes (the “Sweepstakes”) is open to legal residents of the 48 contiguous United States and the District of Columbia (residents of Alaska and Hawaii are not eligible), age eighteen (18) years or older at the time of entry, except employees, their spouses and immediate families (parent, child, sibling, and any of their respective spouses) and household members (whether or not related) of Collegiate Licensing Company, LLC (“Sponsor”), Wyng, Inc., Instagram, Inc., Twitter, Inc. and each of their respective parent, subsidiaries, divisions, trustees, franchisees, participating vendors, sponsors, advertising and promotion agencies, successor entities, and affiliated entities (collectively, including Sponsor, the “Sweepstakes Entities”).
B. The Sweepstakes is governed by U.S. law and is subject to all applicable federal, state, and local laws and regulations. By entering the Sweepstakes, entrants agree to accept and be bound by all terms of these official rules (“Official Rules”). Void where prohibited by law.
2. HOW TO ENTER:
A. From 12:00 am Eastern Time (“ET”) Monday, August 23, 2019 through 11:59 pm ET Sunday, October 6, 2019 (the “Entry Period”), Sponsor will conduct a Sweepstakes encouraging participants to enter each day during the Entry Period for a chance to win one (1) collegiate prize pack. The Winner will be selected out of all qualified entries submitted during the Entry Period.
Entrants can enter in one of the following ways during the Entry Period:
· Twitter Method – make a Twitter post that contains (a) an image of entrant’s tailgate, and (b) #NationalTailgateWeekend and #Sweepstakes in the caption. You must have your Twitter profile settings as PUBLIC (not protected) to enter. To participate in the Sweepstakes if you do not already have a Twitter account, download the free Twitter application and create an account as instructed. Getting a Twitter account is free. Submission of your entry must comply with Twitter’s Terms of Service, which can be found at https://twitter.com/en/tos. Use of multiple Twitter accounts to enter by the same individual is prohibited and may result in disqualification. Submissions will be deemed to have been submitted by the authorized account holder of the Twitter account from which the Submission is uploaded at the time of the entry, as identified by the primary email address associated with that account.
To enter without using your mobile device, you can enter via the Twitter Method by going directly to www.twitter.com from a computer. Make a Twitter post that contains (a) an image of entrant’s tailgate, and (b) #NationalTailgateWeekend and #Sweepstakes in the caption.
Enter as often as you like, but entrants may only use one Instagram account and/or one Twitter account to enter. Each post that complies with the entry instructions will be considered one (1) entry.
B. By participating in the Sweepstakes, each entrant represents and warrants that: (i) the entry is original to the entrant, and all right, title and interest in the entry (including, but not limited to, copyright) is exclusively owned and/or controlled by the entrant; (ii) the entry does not contain any material that is libelous, defamatory, profane or obscene, as determined by Sponsor in its sole discretion; (iii) the entry does not contain any material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; (iv) the entry does not contain any material that is unlawful, in violation of or contrary to the laws or regulations in any jurisdiction where the entry is created; (v) the entry does not infringe the intellectual property or other statutory or common law rights of any third party (including, but not limited to, copyright, trademark, publicity, or privacy rights); (vi) the Sweepstakes Entities’ use and re-use of the entry will not infringe or violate the rights of any third party, or require any payment to or consent/permission from any third party; (vii) the entry has not been previously, and will not during any phase of the Sweepstakes be, published in any form (except as self-published by the entrant through the Sweepstakes or any other means, provided that such publishing shall not derogate from the entrant’s other representations and warranties set forth herein, including, without limitation, that the entrant exclusively owns and/or controls the entry).
C. Entries generated by script, macro, or other automated means will be void. The Sweepstakes Entities are not responsible for misdirected, incomplete, lost, late, illegible, undelivered, inaccurate or delayed entries, or for technical, hardware, or software failures of any kind, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer transmissions or other errors or problems that may limit or affect a person’s ability to participate in the Sweepstakes, whether human, mechanical, typographical, printing, electronic, network or otherwise, relating to or in connection with the Sweepstakes, including, without limitation, errors that may occur in connection with the administration of the Sweepstakes, the processing of entries, the announcement of the prizes or in any Sweepstakes-related materials. In the event of sabotage, acts of God, terrorism or threats thereof, computer virus or other events or causes beyond the Sponsor’s control, that corrupt the integrity, administration, security or proper operation of the Sweepstakes, Sponsor reserves the right, in its sole discretion, to disqualify entrants and/or modify, cancel or suspend the Sweepstakes. In the event of cancellation, Sponsor reserves the right to award prizes from among all eligible, non-suspect entries received prior to the event requiring such cancellation. False or deceptive entries or acts will render the entrant ineligible. All entries become the property of the Sponsor and will not be acknowledged or returned. ANY ATTEMPT DELIBERATELY TO DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
3. HOW TO WIN:
On or around October 8, 2019 one (1) potential winner (when verified by Sponsor as set forth below, a “Winner”) will be selected in a random drawing from all eligible entries received during the Entry Period.
C. The potential Winner will be notified within a reasonable time after each Drawing Day by Sponsor via email and/or telephone and must meet all eligibility requirements, including timely replying to the notification and execution and return of all releases and documents (if any) required by Sponsor. Winning a prize is contingent upon fulfilling all requirements set forth in these Official Rules. Odds of winning depend on the number of eligible entries received.
C. If there is a dispute as to the identity of the Winner, the winning entry will be declared to have been made by the authorized email account holder at time of entry. Such potential Winner will be disqualified, the prize will be forfeited and an alternate potential Winner will be selected by alternate random drawing from among all remaining eligible entries and an alternate Winner may be selected at Sponsor’s sole and absolute discretion if: (i) any prize notification is returned as undeliverable; (ii) a potential Winner declines his or her prize; (iii) a potential Winner fails to comply with any of the Official Rules; or (iv) a potential Winner does not respond to notification or accept the prize within forty-eight (48) hours.
C. The decisions of Sponsor in all matters regarding this Sweepstakes are final and binding.
4. PRIZE: The Winner will receive a collegiate prize pack and approximate retail value (“ARV”) of which is six-hundred dollars ($600 USD). Sponsor reserves the right to substitute a prize (or portion thereof) of comparable or greater value, in its sole discretion. Not all colleges may be available for any or all of the items included in the prize pack. The Winner is responsible for the reporting and payment of all federal, state and local taxes (if any) and any other costs and expenses associated with prize acceptance and use not specified in these Official Rules and/or in the applicable entry instructions as being provided. Prizes will be fulfilled within a reasonable time after Sponsor’s verification of Winner. All gift cards and promotional codes are subject to the terms and condition of their issuer. All prize details and additional terms, conditions, or eligibility requirements are in Sponsor’s discretion.
5. GENERAL: By entering this Sweepstakes, entrant grants Sweepstakes Entities and their designees the right, unless prohibited by law, to use their names, user names, cities and states of residences, voices, avatars, pictures and likenesses, and entries without compensation, notification or approval, for the purpose of advertising and publicizing the goods and services of the Sweepstakes Entities and all matters related to the Sweepstakes, in any manner or medium, now or hereafter known, throughout the world in perpetuity. THE SWEEPSTAKES ENTITIES EXPRESSLY DISCLAIM ANY RESPONSIBILITY AND ENTRANTS AGREE TO INDEMNIFY AND HOLD HARMLESS THE SWEEPSTAKES ENTITIES AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS AND AGENTS, FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, DEMANDS AND/OR LIABILITIES FOR INJURY/DEATH, DAMAGE OR LOSS TO ANY PERSON OR PROPERTY RELATING TO OR ARISING IN CONNECTION WITH PARTICIPATION IN THIS SWEEPSTAKES (REGARDLESS OF THE CAUSE OF SUCH INJURY OR LOSS), THE DELIVERY AND/OR SUBSEQUENT USE OR MISUSE OF THE PRIZE AWARDED AND/OR PRINTING, DISTRIBUTION OR PRODUCTION ERRORS. WINNER ACKNOWLEDGES THAT THE PRIZE IS AWARDED “AS IS” AND THAT SPONSOR HAS NOT MADE, AND IS NOT IN ANY MANNER RESPONSIBLE OR LIABLE FOR ANY REPRESENTATION, GUARANTEE OR WARRANTY, EXPRESSED OR IMPLIED, IN LAW OR IN FACT, RELATIVE TO ANY PRIZE, INCLUDING, BUT NOT LIMITED TO ITS QUALITY, MECHANICAL CONDITION OR FITNESS FOR A PARTICULAR PURPOSE.
By entering this content, entrant represents and warrant that the entry is an original work of authorship, and does not violate any third party’s proprietary or intellectual property rights. If the entry infringes upon the intellectual property right of another, entrant will be disqualified at Sponsor’s sole discretion. If the entry is claimed to constitute infringement of any proprietary or intellectual proprietary rights of any third party, entrant will, at entrant’s sole expense, defend or settle against such claims. Entrant indemnifies, defends, and holds harmless the Sweepstakes Entities from and against any suit, proceeding, claims, liability, loss, damage, costs or expense that the Sweepstakes Entities may incur, suffer, or be required to pay arising out of such infringement or suspected infringement of any third party’s right.
A. Except where prohibited, entrants agree that: (i) any and all disputes, claims and causes of action arising out of or connected with the Sweepstakes or any prize awarded will be resolved individually, without resort to any form of class action and exclusively by the appropriate court located in Atlanta, GA; (ii) any and all claims, judgments, and awards to entrants will be limited to actual out of pocket costs incurred, including costs associated with participating in this Sweepstakes, but in no event attorneys’ fees; and (iii) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental and consequential damages, and any other damages other than for actual out of pocket expense and any and all rights to have damages multiplies or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or entrants’ and/or Sponsor’s rights and obligations in connection with the Sweepstakes are governed by and construed in accordance with the laws of the State of Georgia, without giving effect to any choice of law or conflict of law rules.
B. In the event of any conflict with any Sweepstakes details contained in these Official Rules and Sweepstakes details contained in sweepstakes materials (including, but not limited to, point of sale, television, radio, and print advertising, promotional packaging, and other promotion media), the details of the Sweepstakes as set forth in these Official Rules shall prevail.
8. OFFICIAL RULES OR WINNER LIST: For a copy of the Official Rules or Winner List (available on or about October 30, 2019, send a self-addressed, stamped envelope (residents of VT need not include return postage on rules requests) to the following address no later than December 31, 2019 (please specify “Official Rules” or “Winners”): 2018 National Tailgate Weekend Social Sweepstakes, Collegiate Licensing Company, LLC, Brand Marketing Division, 1075 Peachtree Street NE, Suite 3300, Atlanta, GA 30309.
9. SPONSOR: Collegiate Licensing Company, LLC, 1075 Peachtree Street, Suite 3300, Atlanta, GA 30309.
Ó 2019 Collegiate Licensing Company, LLC. All Rights Reserved.