Kick Ash Basket Sizzling Summer Giveaway – Terms and Conditions
Kick Ash Basket Sizzling Summer Giveaway Promotional Sweepstakes
NO PURCHASE OF ANY PRODUCT OR SERVICE IS REQUIRED TO PARTICIPATE OR WIN. PARTICIPATION IN THIS PROMOTIONAL SWEEPSTAKES IS FREE. PURCHASE OF THE SPONSOR’S PRODUCTS OR SERVICES WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED.
BY PARTICIPATING, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE SPONSOR FROM YOU AND LIMITATIONS OF YOUR RIGHTS AND REMEDIES.
SPONSOR: Kick Ash Basket, PO Box 854, Neenah, WI. 54957(“Sponsor”).
ELIGIBILITY: This promotional sweepstakes (the “Sweepstakes”) is open to legal residents of the 50 U.S. states and the District of Columbia who are of legal age of majority in the jurisdiction in which they reside (and at least eighteen (18) years of age) at the time of entry. The Sweepstakes is void wherever prohibited or restricted by law. The Sweepstakes is subject to all applicable federal, state and local laws. Employees, officers, directors and agents of Sponsor and its affiliates, and the immediate families (parents, siblings, children and spouse) of, and persons living in the same household (whether related or not) with, such persons are not eligible to enter the Sweepstakes or win a Prize (as defined below). Winning and receiving any Prize is contingent upon fulfilling all requirements set forth in these Official Rules.
AGREEMENT TO OFFICIAL RULES: Participation in the Sweepstakes constitutes each entrant’s full and unconditional agreement to these Official Rules and the Sponsor’s decisions, which are final and binding in all matters related to the Sweepstakes. Winning the Sweepstakes and receiving any Prize is contingent upon fulfilling all requirements set forth in these Official Rules.
HOW TO ENTER: The Sweepstakes begins at 07:00:00AM Eastern Time (“EST”) on July 23rd, 2023 and ends at 11:59:59PM Eastern Time (“EST”) on July 31st 2023 (the “Sweepstakes Period”), according to Sponsor’s time clock. To enter the Sweepstakes, eligible participants must do the following:Eligible individuals will receive one entry into the Sweepstakes by completing and submitting the form found at https://kickashbasket.com/pages/kick-ash-basket-sizzling-summer-giveaway (an “Entry” or “Entries”). By entering, entrants agree to comply with these Official Rules, including all eligibility requirements. Sponsor reserves the right to verify the eligibility of all entrants. Incomplete Entries, and Entries submitted by entrants who do not meet the eligibility requirements (including all requirements with respect to age and residence) are void. Sponsor and its agents are not responsible for lost, late, incomplete, invalid, delayed or misdirected Entries, for technical failures of any kind, or any human error which may occur in the receipt or processing of Entries. Sponsor reserves the right to modify the scheduling of the Sweepstakes without prior notification. All Entries become the sole property of the Sponsor and will not be acknowledged or returned.
WINNER SELECTION AND NOTIFICATION: One (1) potential winner (a “Potential Winner”) will be selected at the end of the Sweepstakes Period in a drawing (the “Drawing”) on or about the date stated in the chart below from among all eligible Entries received on the dates/times stated in the chart below. The Drawing will be conducted by the Sponsor or its designee, the judge of the Sweepstakes, whose decisions are final and binding on all matters relating to the Sweepstakes. The Potential Winner will be eligible to win the applicable prizes stated in the chart (each a “Prize” and collectively the “Prizes”), subject to verification of eligibility and compliance with these Official Rules. The Potential Winner will be notified (the “Prize Notification”) by electronic mail and/or overnight or U.S. mail on or about the dates stated in the chart below using the contact information provided in the Entry (the “Contact Information”). The Potential Winner must then respond by electronic mail and/or overnight or U.S. mail in accordance with the instructions provided in the Prize Notification within three (3) days of the date of the Prize Notification, unless required longer by applicable law (the “Deadline”). Except where prohibited, the Potential Winner must sign and return an affidavit of eligibility and liability and publicity release, which must be in form and substance satisfactory to the Sponsor and received by the Sponsor no later than the Deadline. If the Sponsor does not receive the Potential Winner’s response to the Prize Notification by the Deadline, including a signed affidavit of eligibility and liability and publicity release in form and substance satisfactory to the Sponsor, such Potential Winner will be disqualified. Sponsor is not responsible for the failure for any reason whatsoever of the Potential Winner to receive their Prize Notification or for Sponsor to receive the Potential Winner’s response. The inability of Sponsor to contact the Potential Winner, the failure of the Potential Winner to contact Sponsor in a timely manner, the inability of the Potential Winner to accept or receive the Prize for any reason, the return of any Prize as undeliverable, the non-acceptance by the Potential Winner of any Prize for any reason and/or the failure of the Potential Winner to comply with these Official Rules will result in disqualification of such Potential Winner. If the Potential Winner is disqualified for any reason, the Sponsor may, but shall not be required to, select an alternate Potential Winner from among the remaining eligible Entries received. Only two (2) alternate Potential Winners may be determined, after which the applicable Prize will remain unawarded. Each Potential Winner who complies with all of the foregoing requirements and ultimately receives a Prize is known as a “Winner”. Once an entrant is selected as the Potential Winner, such entrant will not be eligible for any subsequent drawings.
Entry Received: 07:00:00AM Eastern Time (“EST”) on July 23rd, 2023
Date of Drawing: August 1st 2023
Date of Prize Notification: August 1st 2023
1.GrillGrate Set for the PK GO
All trademarks used herein are the property of their respective owners. The Winner of the Drawing is solely responsible for all applicable taxes and other unspecified expenses which may be required for the use of the Prize.
PRIZE CONDITIONS: The total approximate retail value of all of the Prizes awarded to the Potential Winner is $760.24. Selection and specifics of all Prizes will be determined at Sponsor’s sole discretion. All Prizes are subject to availability. No cash redemption or prize substitution allowed, except by the Sponsor, who reserves the right in its sole discretion to substitute another prize it believes is of equal or greater value. All prizes are non-transferable. Odds of winning a Prize depends on the number of eligible Entries received on the dates/times applicable to such Prize stated in the chart above and dividing such number by one (1). All Prizes are awarded “AS IS” and WITHOUT WARRANTY OF ANY KIND, express or implied (including without limitation, any implied warranty of merchantability or fitness for a particular purpose). Acceptance, participation in and/or use of the Prizes are at the Winners’ sole risk and Sponsor is not responsible for damages whatsoever, including special, indirect, or consequential damages, arising out of or in connection with the use and/or misuse of any of the Prizes. Sponsor reserves the right to verify eligibility of all Winners. Prizes will be awarded by Federal Express, UPS and/or other shipping method, in Sponsor’s and/or its Prize suppliers’ sole discretion, using the applicable Contact Information of the Winner.
If any Winner is unable to accept a Prize or any portion of a Prize for any reason, Sponsor shall have no further obligation to such Winner.
TAXES AND COSTS RELATED TO THE PRIZES: All applicable taxes, tariffs and fees are the sole responsibility of the Winner. The Winner may be issued a 1099 tax form for the approximate retail value of the Prize.
GENERAL CONDITIONS: By participating in the Sweepstakes and/or by accepting a Prize, participants: (a) agree to be bound by these Official Rules, the decisions of the Sponsor and/or its designees and (b) agree to release and hold harmless Sponsor and its affiliates, together with their respective employees, directors, officers, licensees, licensors, shareholders, members, attorneys and agents including, without limitation, any person or entity associated with the production, judging or administration of the Sweepstakes (collectively, the “Released Parties”), from any and all claims, demands, damages, losses, liabilities, costs or expenses caused by, arising out of, in connection with, or related to their participation in the Sweepstakes and/or their use or misuse of any Prize. By accepting a Prize, the Winner consents to the use of his/her name and/or likeness (voice, biographical information, city and state of residence, statements (including, but not limited to, any statements on any Entry), photograph, and recordings) for advertising and promotional purposes (including, but not limited to, use on Sponsor’s web site without additional compensation, except where prohibited by law). Sponsor reserves the right to make changes or additions to these Official Rules and/or extend the dates of the Sweepstakes for any reason at any time. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
RELEASE: All decisions of Sponsor are final and binding; and entrants agree to waive any right to claim ambiguity in the Sweepstakes or these Official Rules, except where prohibited by law. By accepting a Prize, the Winner agrees to release the Released Parties from any and all liability, loss or damage arising from or in connection with awarding, receipt and/or use or misuse of any Prize. Sponsor reserves the right to use the Sweepstakes for publicity purposes in any media and to use the name, likeness, and hometown name and/or Prize information of selected entrants as part of that publicity, without any compensation or prior review unless prohibited by law. The Sweepstakes is void outside the US and where prohibited or restricted by law, and subject to applicable federal, state, and local laws. Sponsor reserves the right to disqualify any entrant it finds to be tampering with the entry process or the operation of the Sweepstakes or violating these Official Rules. The Released Parties shall not be liable for: (a) late, lost, delayed, stolen, misdirected, postage due, incomplete, unreadable, inaccurate, garbled or unintelligible Entries or communications, regardless of the method of transmission; (b) telephone system, telephone or computer hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors; (c) data corruption, theft, destruction, unauthorized access to or alteration of Entry or other materials; (d) any injuries, losses or damages of any kind caused by the Prize or resulting from acceptance, possession or use of a Prize, or from participation in the Sweepstakes; or (e) any printing, typographical, administrative or technological errors in any materials associated with the Sweepstakes. Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend the Sweepstakes should any unauthorized intervention or other cause beyond Sponsor’s control corrupt the administration, security or proper play of the Sweepstakes. Sponsor may prohibit an entrant from participating in the Sweepstakes or winning a Prize if, in its sole discretion, it determines such entrant is attempting to undermine the legitimate operation of the Sweepstakes in any way by cheating, deception, or any other unfair playing practice that annoys, abuses, threatens or harasses any other entrants or representatives of Sponsor.
CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATIONS OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
DISPUTES: EACH ENTRANT AGREES THAT (A) ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR IN CONNECTION WITH THE SWEEPSTAKES, OR ANY PRIZES AWARDED, SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, AND ANY JUDICIAL PROCEEDING SHALL TAKE PLACE IN A FEDERAL OR STATE COURT IN ATLANTA, GEORGIA; (B) ANY AND ALL CLAIMS, JUDGMENTS, AND AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED, INCLUDING COSTS ASSOCIATED WITH ENTERING THE SWEEPSTAKES, BUT IN NO EVENT ATTORNEYS’ FEES; AND (C) 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 EXPENSES) AND ANY AND ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED. ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES, OR THE RIGHTS AND OBLIGATIONS OF ENTRANT AND THE SPONSOR IN CONNECTION WITH THE SWEEPSTAKES SHALL BE 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 OR PROVISIONS (WHETHER OF THE STATE OF GEORGIA OR ANY OTHER JURISDICTION), THAT WOULD CAUSE THE APPLICATION OF THE LAWS OF ANY JURISDICTION OTHER THAN THOSE OF THE STATE OF GEORGIA.
WINNER’S LIST/OFFICIAL RULES: For a list of the Winner or a copy of the Official Rules, please send a self-addressed stamped envelope to: Kick Ash Basket, PO Box 854, Neenah, WI. 54957, to be received no later than the date that is 60 days after the end of the Sweepstakes Period. The Winners’ list will be sent once the Winner has been verified and Prizes have been awarded.
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