THE “GEAR UP FOR SUMMER - MEMORIAL DAY” SWEEPSTAKES OFFICIAL RULES
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
ELIGIBILITY: The “Gear Up for Summer – Memorial Day” Sweepstakes (“Sweepstakes”) is open and offered only to legal residents of the 48 contiguous United States and the District of Columbia, who are 18 years of age and older at the time of entry. Not open to employees, officers or directors, or to members of the immediate family or household of any employees, officers, or directors of Margaritaville Foods, LLC (“Sponsor”), or any of its parents, subsidiaries, affiliates, dealers, retailers, resellers, or any advertising or promotion agencies involved in this Sweepstakes (collectively, the “Sweepstakes Entities”). Eligibility may be verified at any time. The Sweepstakes is subject to all applicable federal, state, and local laws and regulations. Void in Alaska, Hawaii and where prohibited.
ENTRY PERIOD: This Sweepstakes begins at 12:00 am ET on Tuesday, May 21, 2013 and ends at 11:59:59 pm ET on Sunday, May 26, 2013 ("Entry Period").
Limit one (1) entry per person and per email address for this Sweepstakes, except that each entrant may also receive up to a maximum of four (4) Bonus Entries via the Tell-A-Friend Program described below. Subsequent entries from the same person and/or email address will be disqualified. You may not enter with multiple email addresses, nor may you use any other means to enter multiple times, and any entrant who does so, or otherwise attempts to enter multiple times will be disqualified. Released Parties (as defined below) are not responsible for illegible, lost, late, damaged, incomplete, misdirected, or stolen entries; or for lost, interrupted or unavailable network, server, satellite, Internet Service Provider (ISP), website or other connections, availability or accessibility; or for miscommunications, failed computer, telephone or cable transmissions, lines, or technical failure; or jumbled, corrupted, scrambled, delayed, or misdirected transmissions, computer hardware or software malfunctions, failures or difficulties; or for any other errors of any kind whether human, mechanical, electronic, technical or network; or for the incorrect or inaccurate capture of entry or other information or the failure to capture any such information. Proof of transmission is not proof of receipt. Sponsor’s database computer is the official timekeeping device for the Sweepstakes.
TELL-A-FRIEND PROGRAM: Entrants can earn up to four (4) additional Sweepstakes entries through the Tell-A-Friend Program. Once you have entered the Sweepstakes, you will have the opportunity to send your friends a unique referral link informing them of the Sweepstakes. You will receive an additional Sweepstakes entry for each friend you tell who comes back via your Tell-A-Friend referral link and registers for the Sweepstakes.
DRAWING AND NOTIFICATION: One (1) First Prize winner, two (2) Second Prize winners and ten (10) Third Prize winners will be selected in random drawings to be held each day on or about 10:00 am ET on May 22, 2013 through May 27, 2013, from among all eligible entries received by 11:59:59 pm on the previous day. By entering, you agree to be bound by these Official Rules and the decisions of the judges, which are final and binding in all matters relating to this Sweepstakes. The potential winners will be notified by telephone and/or email using the contact information given at the time of entry. Sponsor shall have no liability for any winner notification that is lost, intercepted or not received by a potential winner for any reason. If a potential winner does not respond within 24 hours after the first notification attempt, or if the prize or prize notification is returned as unclaimed or undeliverable to such potential winner, such potential winner may be disqualified and an alternate winner may be selected. If any potential winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines a prize for any reason prior to award, such potential winner will be disqualified and an alternate winner may be selected.
• Item: 1 Margaritaville Painted St. Somewhere Seaplane Adirondack Chair
• Number of Winners: 1 winner per day, 6 total
• Approximate Retail Value: $250 each
• Item: 1 pair Margaritaville Hemisphere Sunglasses (Gold/Brown with Grey/Green) or Margaritaville Traveler Sunglasses (Gold/Bronze Polarized)
• Number of Winners: 2 winners per day, 12 total
• Approximate Retail Value: $88 each
• Item: 1 Margaritaville Summer Fun BBQ Set (LandShark bucket containing 1 each of a BBQ Sauce, Marinade, Seasoning, Salad Dressing, Margarita Mix, Margarita Salt, Sun Care and a coupon for a free package of Seafood)
• Number of Winners: 10 winners per day, 60 total
• Approximate Retail Value: $40 each
Total Prize Package Value: $4,956.
No cash alternative or prize substitutions or transfers will be allowed, except in Sponsor’s discretion; Sponsor may award a substitute of comparable or greater value if any prize listed becomes unavailable for any reason. Odds of winning depend on the number of eligible entries received. Sweepstakes is open to over 200 million internet users in the United States.
GENERAL PRIZE CONDITIONS: Winners are responsible for all federal, state and/or local taxes, and for any other fees or costs associated with acceptance or use of any prize. Each potential winner may be required to execute an Affidavit of Eligibility, a Liability Release, and (where legal) a Publicity Release (collectively, “Prize Claim Documents”). If any eligible winner is not of legal age of majority in his or her state of residence (a “minor”), at Sponsor’s option, the applicable prize either may be awarded in the name of parent or legal guardian of winner, or parent or legal guardian of winner may be required to ratify and sign all Prize Claim Documents.
GENERAL PROVISIONS: Acceptance of a prize constitutes winner’s permission for Sponsor to use winner’s name, photograph, likeness, voice, biographical information, statements and address (city and state) for advertising and/or publicity purposes worldwide and in all forms of media now known or hereafter developed, in perpetuity, without further compensation except where prohibited by law. Entrants (and any minor entrant’s parent or legal guardian) agree that the Sweepstakes Entities (A) shall not be responsible or liable for, and are hereby released from, any and all costs, injuries, losses or damages of any kind, including, without limitation, death and bodily injury, due in whole or in part, directly or indirectly, to participation in the Sweepstakes or any Sweepstakes-related activity, or from entrants’ acceptance, receipt, possession and/or use or misuse of any prize, and (B) have not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to any prize, including, without limitation, to such prize’s quality or fitness for a particular purpose.
No responsibility for any damage to an entrant’s computer system which is occasioned by accessing the Website or otherwise participating in the Sweepstakes, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures or delays. Without limiting the generality of the foregoing, Sponsor is not responsible for incomplete, illegible, misdirected, misprinted, late, lost, damaged, stolen, or postage-due submissions or prize notifications; or for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet service providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, difficulties or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information.
Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Sweepstakes or the Website, to be acting in violation of these Official Rules, or to be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Sweepstakes, or to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. No mechanically reproduced, illegible, incomplete, forged, software-generated or other automated multiple entries will be accepted.
In the event of a dispute as to the identity of the entrant, any on-line entry will be deemed submitted by the authorized account holder of the e-mail account from which it was sent, provided such account holder must still meet the eligibility requirements for the Sweepstakes. The authorized account holder shall be the natural person to whom the applicable email address has been assigned by the Internet access provider, service provider, or other online organization responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.
Sponsor reserves the right to modify, extend, suspend, or terminate the Sweepstakes, in whole or in part, if it determines, in its sole discretion, that the Sweepstakes is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other unintended circumstances have impaired the integrity, administration, security, proper play and/or feasibility of the Sweepstakes as contemplated herein. If the Sweepstakes is terminated before the designated end date, Sponsor will (if possible) select winner(s) in a random drawing from all eligible, non-suspect entries unaffected by the problem. Inclusion in such drawing shall be each entrant’s sole and exclusive remedy in such circumstances.
Only the type and quantity of prizes described in these Official Rules will be awarded. If, for any reason, more bona fide winners come forward seeking to claim prizes in excess of the number of each type of prize set forth in these Official Rules, the winners, or remaining winners, as the case may be, of the advertised number of prizes available in the prize category in question may be selected in a random drawing from among all persons making purportedly valid claims for such prize(s). Inclusion in such drawing shall be each entrant’s sole and exclusive remedy in such circumstances.
By entering the Sweepstakes, you further agree that: (i) any and all disputes, claims, and causes of action arising out of or in connection with the Sweepstakes, or any prize awarded, shall be resolved individually without resort to any form of class action; (ii) any claims, judgments and awards shall be limited to reasonable and actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes, but in no event attorney's fees; and (iii) under no circumstances will any entrant be permitted to obtain any award for, and entrant hereby waives all rights to claim, punitive, incidental, indirect or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than damages for reasonable and actual out-of-pocket expenses. These rules and any disputes relating hereto are governed by the internal laws of the State of New Hampshire, without regard to principles of conflicts of laws, and by entering you consent to the exclusive jurisdiction of the state and federal courts in New Hampshire, for resolution of any disputes relating to the Sweepstakes and waive any objection thereto.Facebook: By participating, you release Facebook and its parent companies, subsidiaries, affiliates, partners, employees, directors, agents, advertising agencies, from any and against any and all injury, loss or damage caused or claimed to be caused by your participation in the Sweepstakes and/or the acceptance, awarding, receipt, use and/or misuse of the prize. Any information you submit online is to the Sponsor, and not to Facebook. This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook.
OFFICIAL RULES AND WINNERS LIST: For an additional copy of these Rules or the names of the Winners, send a self-addressed stamped envelope to: “GEAR UP FOR SUMMER – MEMORIAL DAY” SWEEPSTAKES, Margaritaville Foods, LLC, 123 Water Street, 4SW, Exeter, NH. Requests must be received by June 30, 2013.
Sponsor: Margaritaville Foods, LLC, 123 Water Street, 4SW, Exeter, NH 03833.
Administrator: BubbleUp, 719 Sawdust Road, Suite 104, The Woodlands, TX 77380.