Father’s Day Sweepstakes Prize #1 Official Rules
January 1, 2014 |
Scott McGillivray’s “Show your hero how much you care” Father’s Day Sweepstakes – Prize #1
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING. THIS SWEEPSTAKES IS SUBJECT TO ALL FEDERAL, STATE, PROVINCIAL AND MUNICIPAL LAWS AND REGULATIONS OF USA and CANADA. VOID WHERE PROHIBITED BY LAW.
- Sweepstakes Period: The ‘Father’s Day – Napoleon’ Sweepstakes (“Sweepstakes”) begins on 06/08/2015 at 10:00 AM (Eastern Time (US & Canada)) and ends on 06/10/2015 at 08:00 PM (Eastern Time (US & Canada)) (the “Sweepstakes Period”). Eastern Time shall control for all purposes of this Sweepstakes. McGillivray Group, with offices located in the province of Ontario, Canada, is the sponsor of this Sweepstakes (“Sponsor”). By participating in this Sweepstakes, you agree that you have read and understand these Official Rules (the “Rules”), you meet the Sweepstakes eligibility requirements, you are bound by the Rules, and that you agree to comply with and abide by the Rules and the decisions of Sponsor, whose decisions shall be final and binding. Sponsor is responsible for the collection, submission or processing of Entries and the overall administration of the Sweepstakes. Entrants should look solely to Sponsor with any questions, comments or problems related to the Sweepstakes.
- How to Enter: NO PURCHASE NECESSARY TO ENTER OR WIN. Enter the Sweepstakes during the Sweepstakes Period by visiting Scott McGillivray’s most recent sweepstakes blog post on the website at scottmcgillivray.com, and clicking on the Rafflecopter widget entry form on the blog, and completing at least one (1) or more the tasks provided through the entry widget: (i) visit the EverythingScottMcgillivray Facebook page; (ii) follow @smcgillivray on Twitter; (iii) tweet about the sweepstakes on Twitter via the entry widget, using the provided tweet, and/or (iv) follow scottmcg on Pinterest. If you already follow the above usernames on Twitter and/or Pinterest you do not need to “unfollow” in order to enter by methods (ii) or (iv), simply click on the respective task in the widget entry form. Each time you complete one (1) of the above four (4) tasks through the widget entry form constitutes one (1) entry (“Entry”) to the Sweepstakes. To be eligible, your Entry must be fully completed and submitted during the Sweepstakes Period. PLEASE USE THE WIDGET ENTRY FORM TO ENTER THIS SWEEPSTAKES: only Entries made through the widget entry form will be eligible for this Sweepstakes. Any follow or tweet that is not made through the widget entry form will not constitute an Entry in this Sweepstakes.
Limit of one (1) Entry per person per method of entry per day, for a maximum total of four (4) Entries per day during the Sweepstakes Period. Each entrant may use only one (1) social media user account per platform (Twitter, Facebook, Pinterest) throughout the entire Sweepstakes Period. If more than one Entry per method of entry is received from any person per day, only the first Entry by that method will be eligible. Sponsor reserves the right to disqualify any tweet Entries that are obscene, defamatory, offensive, illegal, violate the rights of third parties or are otherwise objectionable in Sponsor’s sole discretion or violate the Social Media Platform Terms, and any federal, state, local, or provincial laws.
Automated or robotic entries, or entries using scripts or macros, that are submitted by individuals or organizations will be disqualified. Internet entry must be made by the entrant. Any attempt by an entrant to obtain more than the stated number of Entries by using multiple/different email addresses, identities, registrations, logins or any other methods, including, but not limited to, commercial contest/Sweepstakes subscription notification and/or entering services, will void that entrant’s Entries and that entrant may be disqualified. Final eligibility for the award of any prize is subject to eligibility verification as set forth below. All Entries must be posted by the end of the Sweepstakes Period in order to participate. Sponsor’s database clock will be the official time keeper for this Sweepstakes.
- Grand Prize: There is one (1) Grand Prize (the “Grand Prize”), consisting of:
– one (1) Napoleon Gas Grill, LEX485 (approximate retail value or “ARV”: CAD $800.00)
Grand Prize will only be awarded and/or delivered to addresses within the 47 United States and the District of Columbia of the USA or Canada (excluding the province of Quebec, and the United States of Arizona, Alaska, and Hawaii, and Guam, Puerto Rico and all other USA territories and possessions. Sponsor will be responsible for standard shipping costs to ship the Grand Prize to the winner. Any depictions of Grand Prize is for illustrative purposes only. All other expenses not specifically listed herein are solely the winner’s responsibility, including the cost of assembly and all federal, state, provincial, and/or local taxes, fees, and surcharges (including but not limited to any custom duties or customs brokerage fees associated with shipping of the Grand Prize) are the sole responsibility of the prize winner. Failure to comply with the Official Rules will result in forfeiture of the prize.
The retail value set above is based on approximate prize value in Canada at the time of printing of these official rules. Winner is not entitled to monetary difference between the actual prize value and stated approximate prize value, if any. Residence shall be based on where a prize claimant ordinarily resides. All estimated retail values do not include applicable shipping fees, goods and services tax, provincial, state or sales and use taxes, or fluctuations in exchange rate. Winner is not required to pay such taxes upon receipt of the prize. All other taxes on prizes other than taxes specifically referred to in these rules are the responsibility of the winners. A 1099-MISC will be issued to a U.S. recipient of a prize with a retail value of USD $600 or more. In order to receive the prize, a U.S. winner must provide a completed W-9 form.
- Random Grand Prize Draw, Winner Selection and Announcement: One (1) potential winner of the Sweepstakes will be selected in a random drawing by Sponsor held within 48 hours from the close of the Sweepstakes Period, at the offices of McGillivray Group, from among all eligible Entries received throughout the Sweepstakes Period by Sponsor, whose decisions are final and binding. Odds of winning will vary depending on the number of eligible Entries received. Winner will be notified by email at the email address provided in the Entry Information on or about 48 hours after the random drawing. Potential winner must accept a prize by email as directed by Sponsor within 48 hours of notification. Any winner notification not responded to or returned as undeliverable may result in prize forfeiture. The Sponsor reserves the right, in its sole and absolute discretion, to randomly select an alternate eligible entrant from among the remaining eligible Entries (in which case the foregoing provisions of this section shall apply to such new potential Grand Prize winner, with the necessary amendments).
The potential prize winner may be required to sign and return an affidavit of eligibility and release of liability, and a Publicity Release (unless prohibited by law) (collectively “the Prize Claim Documents”). No substitution, refund, substitution, replacement or transfer of a prize is permitted except by Sponsor. In the event that a prize is mailed to the winner, winner assumes the risk of its loss. Sponsor is not responsible for the safe arrival of a prize.
Only one Grand Prize per person and per household will be awarded. Prizes cannot be transferred, redeemed for cash or substituted by winner. Sponsor reserves the right in its sole and absolute discretion to award a substitute prize of equal or greater value if a prize described in these Official Rules is unavailable or cannot be awarded, in whole or in part, for any reason. The ARV of the prize represents Sponsor’s good faith determination. That determination is final and binding and cannot be appealed. If the actual value of the prize turns out to be less than the stated ARV, the difference will not be awarded in cash, credit, or with an additional prize. Sponsor makes no representation or warranty concerning the appearance, safety or performance of any prize awarded. Restrictions, conditions, and limitations may apply. Sponsor will not replace any lost or stolen prize items.
BEFORE BEING DECLARED A CONFIRMED GRAND PRIZE WINNER, each potential Grand Prize winner will be required to: (a) If the selected entrant is a Canadian resident, he/she must correctly answer a mathematical skill-testing question without mechanical or other aid which will be administered over the phone; (b) sign and return within ten (10) business days of notification the Sponsor’s declaration and release form, which (among other things): (i) confirms compliance with these Rules; (ii) acknowledges acceptance of the Grand Prize as awarded; (iii) releases Sponsor, Scott McGillivray, Napoleon Grills (Wolf Steel Ltd.), Facebook, Twitter, Pinterest, Rafflecopter (Metric Feat LLC) and each of their respective officers, directors, agents, representatives, successors and assigns (collectively, the “Releasees”) from any and all liability in connection with this Sweepstakes, his/her participation therein and/or the awarding and use/misuse of the Grand Prize or any portion thereof; and (iv) agrees to the publication, reproduction and/or other use of his/her name, city of residence, voice, prize, statements about the Sweepstakes, tweets or other social media posts, and/or photograph or other likeness without further notice, compensation or right of approval, for any and all purposes, including, but not limited to, in any publicity or advertisement carried out by or on behalf of the Sponsor in any manner whatsoever, including print, audio, television, cable, electronic, digital, mobile, social media, broadcast or the internet, and on the winners’ list. If a potential Grand Prize winner: (a) (if a Canadian resident) fails to correctly answer the skill-testing question; (b) fails to return all properly executed Sweepstakes documents in the form provided by Sponsor, within the specified time; and/or (c) cannot accept the Grand Prize as awarded (for any reason); then he/she will be disqualified (and will forfeit all rights to the Grand Prize) and the Sponsor reserves the right, in its sole and absolute discretion, to randomly select an alternate eligible entrant from among the remaining eligible Entries (in which case the foregoing provisions of this section shall apply to such new potential Grand Prize winner, with the necessary amendments).
- Winner’s List: To obtain a copy of any legally required winners list or a copy of the Official Rules, send the applicable request and a self-addressed, stamped (Vermont, U.S.A. state residents only may omit return postage), #10 envelope to: McGillivray Group cc: Father’s Day – Contest at PO Box 50208 Sunnybrook PO, Toronto, ON M4G 0B5. Request must be received no earlier than 48 hours after, and no later than within three months of, the closing date of the Contest Period for the name of the winner (subject to applicable privacy laws) and, by the end of the promotion, for a copy of the rules.
- Limitation of Liability, and Waiver: Sponsor is not responsible for any incorrect or inaccurate information, whether caused by website users or by any of the equipment or programming associated with or utilized in the Sweepstakes or by any technical or human error, which may occur in the processing of submissions in the Sweepstakes. Sponsor assumes no responsibility for any misdirected or lost mail, or any error, omission, interruption, deletion, defect, delay of operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Entries. Sponsor is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to entrant’s or any other person’s computer related to or resulting from participating downloading materials in the Sweepstakes. If, for any reason, the Sweepstakes is not capable of running as planned, including infection by computer virus bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes, then Sponsor reserves the right in its sole discretion to cancel, terminate, modify or suspend the Sweepstakes and notice of such cancellation, termination, modification or suspension will be posted at www.scottmcgillivray.com. In such event, Sponsor may, in its sole discretion, perform the random drawing from among all eligible Entries received prior to or after such cancellation, suspension, or modification.
As a condition of participating, YOU agree that a) under no circumstances will YOU be permitted to obtain awards for, and YOU hereby waive all rights to claim, punitive, incidental, consequential, or any other damages, other than for actual out of pocket expenses, if any, and b) all causes of action arising out of or connected with the sweepstakes or the grand prize, and any grand prize to be provided, shall be resolved individually, without resort to any form of class action; and c) any and all claims, judgments, and award shall be limited to actual out of pocket costs incurred, if any, AND in no event SHALL YOU BE ENTITLED TO RECEIVE attorneys’ fees OR OTHER LEGAL COSTS OR EXPENSES.
In the event of a dispute concerning who registered online to participate in the Sweepstakes, the registration will be declared to have been made by the authorized account holder, defined as the natural person who is assigned to an email address by an internet provider, online service provider, or other organization (e.g., business, education institution, etc.) that is responsible for assigning email addresses for the domain associated with the email address that is associated with social media account used to enter the Sweepstakes. A potential winner may be requested to provide Sponsor with proof that the potential winner is the authorized account holder of the email address. If a dispute cannot be resolved to Sponsor’s satisfaction, the entry will be deemed ineligible.
- Release of Liability. Disclaimer of Warranty. Forum Selection Clause. By entering, entrants and winner agree that the Releasees (as defined in Section 5 above) shall have no liability for, and shall be held harmless for and against any damage, loss, property damage, or personal injury (including emotional distress) and/or death that may arise in whole or in part, directly or indirectly, from the acceptance, possession, use or misuse of the prize or participation in this Sweepstakes or prize and for any claims or causes of action based on publicity rights, defamation or invasion of privacy and merchandise delivery. Sponsor makes no warranty, representation or guarantee, express or implied, in fact or in law, relative to the prize, the Sponsor’s website, any third party websites, any social media platforms, including Facebook, Twitter, and Pinterest, or the sweepstakes entry from widget. Releasees assume no responsibility for any injury or damage to entrants or to any other person’s computer, regardless of how caused, relating to or resulting from entering or downloading materials or software in connection with this Sweepstakes. In the event that you breach any of your representations, warranties or undertakings contained herein, Releasees shall be entitled to and may seek indemnification from you for recovery of all legal fees, damages, claims and other expenses that may be incurred by Releasees as a result of your aforementioned breach. Entrants and winner agrees to indemnify and hold harmless Releasees from any third party claims, damages, losses or injuries, including reasonable attorney’s fees and costs, arising from or relating to entrant’s participation in the Sweepstakes and their Entries. Except where prohibited, all issues and questions concerning the construction, validity, interpretation and enforceability of these rules, or the rights and obligations of entrant or Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the applicable laws of the Canada and the United States of America without giving effect to any choice of law or conflict of law rules (whether of Canada, the United States of America, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than Canada or the United States of America. In addition, any dispute relating to the Sweepstakes (including these Sweepstakes Rules) shall be brought in the courts of the province of Ontario in Toronto, Ontario, Canada. Entrants hereby irrevocably consent to the personal jurisdiction of said courts and waive any claim of forum non-conveniens or lack of personal jurisdiction they may have.
- Sponsor: The Sweepstakes is sponsored by McGillivray Group, PO Box 50208 Sunnybrook PO, Toronto, ON M4G 0B5, email@example.com.