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ScherZinger “Yeti Cooler” Giveaway
NO PURCHASE OR PAYMENT NECESSARY. A PURCHASE WILL NOT IMPROVE YOUR CHANCE OF WINNING. VOID WHERE PROHIBITED.
BY ENTERING THE SWEEPSTAKES, ENTRANT AGREES TO THESE OFFICIAL RULES.
1. Eligibility: The ScherZinger “Yeti Cooler” Giveaway (the "Sweepstakes") is open only to legal residents of Ohio and Kentucky, 18 and older at the time of entry. Void outside of Ohio and Kentucky, and where prohibited by law. No purchase necessary to enter the Sweepstakes. Employees of ScherZinger, 10557 Medallion Drive, Cincinnati, OH 45241 (the "Sponsor"), Cannonball, 8251 Maryland Avenue, Suite 200, St Louis, MO 63105 ("Administrator”), or any of their respective affiliates, subsidiaries, advertising agencies, or any other company or individual involved with the design, production execution or distribution of the Sweepstakes (collectively with Sponsor and Administrator, the "Sweepstakes Entities") and their immediate family (spouse, parents and step-parents, siblings and step- siblings, and children and step-children) and household members of each such employee are not eligible to enter or win. The Sweepstakes is subject to all applicable federal, state, and local laws and regulations. Participation constitutes entrant's full and unconditional agreement to these Official Rules and Sponsor's decisions, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein.
2. Sweepstakes Entry Period: The Sweepstakes begins on June 20, 2016 at 12:00:01 AM Central Time (“CT”) and ends on September 30, 2016 at 11:59:59 PM CT (the "Sweepstakes Period"). The Website (defined below) clock is the official timekeeper for this Sweepstakes.
3. How to Enter: During the Sweepstakes Period, visit http://stopzbugs.com/yeti-cooler-giveaway-official-rules/ (“Website”), find, complete and submit the free online quote. Upon completing and submitting the online quote (hereinafter, an “Entry”), you will automatically receive one (1) entry into the random drawing. Limit one (1) Entry per person/email/street address. Use of any device or artifice to enter multiple times in violation of the entry limit may result in disqualification. In the event of a dispute as to the identity of entrant, Entry will be deemed made by the authorized account holder of the e-mail address used to enter the Sweepstakes, as determined by Sponsor, in its sole discretion. Entry information must be manually key-stroked; use of automated means of entry is prohibited and entries made via such improper means will be disqualified. Responsibility for receipt of Entry rests solely with the entrant. Sponsor and its agencies are not responsible for lost, misplaced, delayed, illegible, altered, forged, or otherwise defective Entries that will be voided. All Entries become the property of Sponsor and will not be acknowledged or returned. Proof of submission of completed Entry does not constitute proof of receipt or proof of entry in Sweepstakes.
4. RANDOM DRAWING: On or about October 3, 2016, one (1) Grand Prize winner will be selected by a random drawing, to be conducted by Administrator from among all eligible entries received (the “Grand Prize Winner”). The potential Grand Prize Winner will be notified by email or telephone on or about the day of the random drawing and will have seventy-two (72) hours from the time the Grand Prize Winner notification is sent by Administrator to respond. In the event potential Grand Prize Winner fails to respond to the Winner notification with seventy-two (72) hours, he/she will forfeit his/her right to the Grand Prize and the Grand Prize may, at Sponsor’s sole discretion, be awarded to an alternate Grand Prize Winner, time permitting. Upon receiving the Grand Prize Winner notification response, Administrator may send the potential Grand Prize Winner an Affidavit of Eligibility and Publicity and Liability Release, which, if sent, will need to be completed, signed and returned to Administrator within seven (7) days of receipt of the Release. If any Prize notification or attempted notification is returned as undeliverable, the Prize will be forfeited and may be awarded to an alternate Winner, time permitting. Administrator and Sponsor are not responsible for lost, late, damaged, delayed, or illegible paperwork. By signing the Release, Winners acknowledge compliance with these Official Rules.
Odds of winning depend upon the number of eligible entries received.
5. CONDITIONS FOR AWARDING PRIZE: Winners must meet all eligibility requirements. In the event a potential Winner is deemed ineligible, or is not available to claim a Prize during the specified dates, then an alternate Winner may be selected at random from eligible entries received, time permitting.
6. Prize and Approximate Retail Value (“ARV”): One (1) Grand Prize Winner –A Yeti Tundra 50 Cooler, ARV: $379.99. Prize consists of only the item listed as part of the prize. Prize is not transferable or redeemable for cash or substitutable by Winner, except Sponsor may substitute the Prize for one of equal or greater value at Sponsor’s sole discretion. All warranties and guarantees are subject to the manufacturer’s warranties and guarantees.
8. Entry Conditions and Release: By entering, each entrant agrees to: (a) comply with and be bound by these Official Rules and the decisions of the Sponsor which are binding and final in all matters relating to this Sweepstakes; (b) release and hold harmless the Sweepstakes Entities from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a participant's entry, creation of an entry or submission of an entry, participation in the Sweepstakes, the Submission, acceptance or use or misuse of prize and/or the broadcast, exploitation or use of entry or the Submission; and (c) indemnify, defend and hold harmless the Sweepstakes Entities from and against any and all claims, expenses, and liabilities (including reasonable attorney’s fees) arising out of or relating to an entrant's participation in the Sweepstakes and/or entrant's acceptance, use or misuse of prize or any portion thereof.
9. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, for any reason whatsoever, including, without limitation, fire, flood, natural or man-made epidemic of health of other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis, order of any court or jurisdiction or if any fraud, technical failures or any other factor beyond Sponsor's reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor in its sole discretion. If the Sweepstakes is terminated before the designated end date, Sponsor will (if possible) select the winner by random drawing from all eligible, non-suspect entries received as of the date of the event giving rise to the termination. Inclusion in such random drawing shall be each entrant’s sole and exclusive remedy under such circumstances. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Only the type and quantity of prizes described in these Official Rules will be awarded. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
10. Limitations of Liability: The Sweepstakes Entities as set forth above are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Sweepstakes; (4) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant's participation in the Sweepstakes or receipt or use or misuse of any Prize. If for any reason an entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant's sole remedy is another entry in the Sweepstakes, provided that if it is not possible to award another entry due to discontinuance of the Sweepstakes, or any part of it, for any reason, Sponsor, at its discretion, may elect to hold judging from among all eligible entries received up to the date of discontinuance for any or all of the Prizes offered herein. Entrant (or entrant’s parent/legal guardian, if entrant is a minor in the state of his/her residence) further agrees and acknowledges that Sponsor reserves the right to forfeit or award any unclaimed or leftover Prize at its sole discretion.
11. Disputes/Governing Law: Entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes, other than those concerning the administration of the Sweepstakes or the determination of winner or for any disputes arising from the loss or injury from the participation in a Prize, shall be resolved individually, without resort to any form of class action; (ii) any disputes arising out of these Official Rules (except for any disputes arising from the loss or injury from the use of Prizes) shall be submitted to final, binding arbitration conducted in Ohio, under the Arbitration Rules and Procedures of the Judicial Arbitration and Mediation Services Inc. before a single, neutral arbitrator who is a former or retired Ohio state or federal court judge with experience in entertainment matters who shall follow Ohio law and the Federal Rules of Evidence and have no authority to award punitive damages. Either party may enforce a final arbitration award in any court of competent jurisdiction in Ohio, including an award of costs, fees and expenses incurred in enforcing the award. Notwithstanding the foregoing, Sweepstakes Entities shall be entitled to seek injunctive relief (unless otherwise precluded by any other provision of these Official Rules) in the state and federal courts of Ohio. Any dispute or portion thereof, or any claim for a particular form of relief (not otherwise precluded by any other provision of these Official Rules), that may not be arbitrated pursuant to applicable state or federal law may be heard only in a court of competent jurisdiction in Ohio; (iii) any and all claims, judgments and awards shall be limited to actual out-of- pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys' fees; and (iv) 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. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of
Ohio, without giving effect to any choice of law or conflict of law rules (whether of the State of Ohio or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Ohio.
12. Sweepstakes Winners: For the Sweepstakes Winner’s name (available after October 17, 2016), send a hand-printed, self-addressed, stamped envelope by October 10, 2016 to: Winners List, ScherZinger “Yeti Cooler” Giveaway, Cannonball, 8251 Maryland Avenue, Suite 200, St Louis, MO 63105.
13. Official Rules: For a copy of these Official Rules see the Website.
14. Sponsor: ScherZinger, 10557 Medallion Drive, Cincinnati, OH 45241.
Administrator: Cannonball, 8251 Maryland Avenue, Suite 200, St Louis, MO 63105.
NO PURCHASE NECESSARY. ScherZinger “Yeti Cooler” Giveaway is open to legal residents of the OH and KY, 18+. Void where prohibited. Begins at 12:00:01 PM CT on 6/20/2016 and ends at 11:59:59 PM CT on 9/30/2016. To enter and for rules, visit http://stopzbugs.com/yeti-cooler-giveaway-official-rules/. Sponsor: ScherZinger, 10557 Medallion Drive, Cincinnati, OH 45241.