9. CLAIMING PRIZES/RELEASES. Prizes are non-refundable for cash and non-changeable once issued. Sponsor will not replace any lost or stolen elements of the Prizes. Prize winners cannot assign or transfer their prizes to another person. Fulfillment/delivery dates for Prizes will be at Sponsor’s sole discretion. No substitution, transfer, or cash equivalent for Prizes (or Prize components), except that Sponsor may substitute a Prize (or Prize component) for one of equal or greater value for any reason. In the event that a Prize component is not available for any reason, then the remaining elements of Prize shall constitute full satisfaction of Sponsor’s Prize obligation to winner and no additional compensation will be awarded. Any depictions of Prize (or Prize elements) are for illustrative purposes only. Prize winners are responsible for any and all expenses and taxes not included in the Prize, including, but not limited to, Federal, state and local taxes. Prizes are provided “as is” and without any warranty of any kind.
Eligibility, age and all claims made by a potential winner are subject to verification as determined in Sponsors’ sole discretion. Such verification may include, but is not limited to, potential winner(s) submitting documentation (e.g. government issued ID, social security/tax ID number, applicable tax forms, etc.) for Sponsors’ review. If a potential winner cannot be reached, or does not submit requested documentation after a reasonable effort has been exerted, or if they are found to be ineligible, an alternate winner may be selected at Sponsor’s sole discretion. If the Prize or Prize notification is returned as undeliverable or if the potential winner fails to respond to notification attempts, the winner may be disqualified, and an alternate winner may be selected at Sponsor’s sole discretion. In the event the winner declines the Prize or winner fails to execute and return the completed releases described below, Sponsor may elect, at its own discretion, to select an alternate winner. If a dispute arises regarding who submitted an Entry, the entry will be deemed to be submitted by the holder of the e-mail account as determined by Sponsor. Potential winner must complete, sign, have notarized and return an Affidavit of Eligibility/Prize Acceptance/Liability and a Publicity Release Form, except where prohibited by law, within five (5) days of receipt of same. By accepting any Prize, Prize winner consents to the use of Prize winner’s name, address (city and state only), voice, biography, photograph, likeness, prize information and/or statements about the Contest without any additional compensation, for programming, advertising, trade and promotional purposes, and any and all matters related to the Contest, in any and all media, whether now known or hereafter devised, in perpetuity, except where prohibited by law. If a potential winner fails to comply with the Rules and/or to submit required documentation within the designated period, the Prize will be forfeited and an alternate winner may be selected at Sponsor’s sole discretion. In accepting Prize, winner further acknowledges that the Contest Entities have neither made, nor are in any manner responsible or liable for, any warranty, representation or guarantee, express or implied in fact or in law, relative to Prize or Prize suppliers or to any portion thereof, including by not limited to its quality, merchantability, mechanical condition, or fitness for a particular purpose. Sponsor shall not be responsible or liable for its failure to contact potential winners due to an incorrect, out of date or undeliverable mailing address, email address or telephone number. Entrants should update their user accounts regularly with their correct contact information so that they will be able to receive Prizes if selected as a potential winner. A potential winner, who fails to notify Sponsor with any complaint or problem within three (3) days after attempted prize notification, forfeits their right to do so. Sponsor is not responsible for fraudulent mail/email sent to entrants not by Sponsor.
10. GENERAL RULES AND REGULATIONS. By entering the Contest and/or accepting any Prize, entrants agree that: entrants have all rights, permissions and consents necessary to grant the rights to Sponsor as expressed herein; entrants will abide by and be bound by the Rules, Sponsor’s decisions, and the Sponsor’s Privacy Policy (as hereinafter defined); and entrants will waive any rights to claim ambiguity with the Rules. All entrants further acknowledge that if they are verified as a winner, certain of their personally identifying information may be disclosed to third parties at least as required by law including, without limitation, on a winners list. The winners’ names will be kept on file for two (2) years after the end of this Contest. Participation in the Contest constitutes entrant’s understanding of and full and unconditional agreement to and acceptance of these Rules. Sponsor’s failure to enforce a specific provision of these Rules does not constitute a waiver of that provision or of the Rules generally. The Sponsor and Contest Entities expressly disclaim any responsibility or liability for injury, death or loss to any person or property relating to the delivery and/or subsequent use, misuse, malfunction, availability, and delay in delivery of the prizes awarded. Sponsor and Contest Entities shall not be liable to winners or any other person for failure to supply the prizes, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulations(s), order(s) or request(s) prove(s) to be invalid), equipment failure, terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond Sponsor’s sole control. Neither Contest Entities nor Sponsor make any warranty, representation or guarantee, express or implied, in fact or in law, relative to the use of the prizes including, without limitation, quality, merchantability or fitness for a particular purpose. Further, no responsibilities are accepted for any additional expenses, omission, delays, re-routing or acts of any government or authority. Sponsor may modify, rescind, cancel or revoke the promotion at any time at its sole discretion without notice or liability. By entering, entrants release the Sponsor and the Contest Entities, from any and all liability for injuries, losses or damages of any kind resulting from participation in the Contest and/or acceptance or use (or misuse) of a prize, including any indirect, incidental, consequential or punitive damages. Sponsor reserves the right, at its sole discretion, to disqualify entrants who attempt to tamper with this Contest in any way. All federal, state and local laws and regulations apply. Additional restrictions may apply. The Internal Revenue Service requires Form 1099-MISC to be issued and filed for each recipient who received a prize/award if the annual aggregate is at least Six Hundred Dollars ($600.00) or more. The recipient is responsible for any income tax liability and should consult their tax advisor for the proper tax treatment of this income on their tax return. Any attempt to deliberately damage the Contest or operation of the Contest is unlawful and subject to legal action by the Sponsor and/or Contest Entities who may seek damages to the fullest extent permitted by law.