Kimber 2019 Micro 9 Giveaway
1. NO PURCHASE NECESSARY. NO PURCHASE, PAYMENT OR OTHER CONSIDERATION IS NECESSARY TO ENTER OR WIN A PRIZE IN THIS GIVEAWAY.
2. Description of Giveaway. In the “Kimber 2019 Micro 9 Giveaway” (the “Giveaway”), Kimber Mfg, Inc. (“Sponsor”) will award one prize immediately following the close of the Giveaway Term (defined below). A total of one (1) 2019 Kimber Micro 9 as chosen by the Giveaway winner, or applicable state compliant substitute pistol will be awarded. The approximate total retail value of the prize awarded is $815.
3. Giveaway Term. The Giveaway begins on December 19th, 2018 at 1:00 p.m. (EST) and ends on January 1st, 2019 at 8:00 p.m. (EST) (the “Giveaway Term”). All entries must be submitted via Giveaway Application during the Giveaway Term in accordance with these Official Rules to be eligible to win. Limit one (1) direct entry per person during the Giveaway Term. Entries that do not comply with these Official Rules will not be accepted.
4. How to Enter. To enter the Giveaway, sign up at our signup page. Entry must include entrant’s first and last name, email address, phone number, city, state and zip code. Entrants must be 21 years of age and a legal U.S. resident to enter and must agree to the official rules.
5. Odds of Winning. Odds of winning a prize depend on the number of valid entries received. Many will enter, one will win. Only one (1) prize will be awarded to any one winner.
6. Eligibility. You must be 21 years of age and a legal U.S. resident to enter. Additional eligibility requirements are set forth in these Official Rules. Employees of Sponsor and its agents, affiliates, and subsidiaries and members of their families and immediate households are not eligible to participate in this Giveaway. All eligible entries will be included in a random drawing for the prize. All federal, state and local laws and regulations apply.
7. Winners. The prize winner will be selected by random drawing immediately following the close of the Giveaway Term. The prize winner will be notified by email and/or phone. The prize winner must respond to Sponsor via phone or email response to the email notification from Sponsor, with the prize winner’s name, address, phone number, and email address within forty-eight (48) hours of the direct reply comment notification or email from Sponsor to claim the prize. Prize winner must be eligible to own and possess a firearm (handgun) in their state of residence and must pass a background check to be eligible (i.e., must not be a “prohibited person” under applicable laws). The firearm prize will be awarded through a participating federally licensed firearms dealer retailer closest to the winner’s official residence and will not be shipped directly to the winner. Prize winner may be required to demonstrate eligibility in accordance with these Official Rules and complete an affidavit of eligibility and release of liability to be eligible to claim and receive the prize. If for any reason Sponsor is unable to contact the prize winner, or the prize winner fails to timely respond or is ineligible, the winner’s prize will be awarded in a random drawing to another eligible entrant. Sponsor, and its agents, affiliates, and subsidiaries, may use the prize winner’s name, likeness and any other information or content without compensation in advertising or otherwise.
8. Prize Restrictions. The prize consists of the firearm (plus any standard accessories) specifically listed in these Rules only (state compliant models will be substituted where applicable). Sponsor shall choose all components of the prize in its sole discretion. The prize (including all components) is subject to availability and may be subject to additional federal, state or local restrictions. No substitution or cash equivalent of the prize (or portion of any prize) will be granted except at Sponsor’s sole discretion due to unavailability of a prize (or portion of a prize) for any reason (including restrictions on firearms in particular state and local jurisdictions). Any substitution by Sponsor of the prize or portion of the prize shall be made with an item of comparable or lesser value. Sponsor is responsible only for delivery of the firearm prize to a participating federally licensed firearms dealer closest to the winner’s official residence. Sponsor is not responsible for prize utility, quality or other attributes. No prize is transferable or assignable to another party.
9. Giveaway Materials. By entering into this Giveaway, you grant to Sponsor an irrevocable, perpetual, worldwide, non-exclusive, royalty-free, sub-licensable right and license to distribute, reproduce, modify, perform and display and otherwise use any and all content, information, posting, communication, message or other materials (including your name, image or likeness) provided by you (“Giveaway Materials”) for Sponsor’s use in the normal conduct of its business, including marketing, promotional and sales activities. Subject to these Official Rules, you understand that all Giveaway Materials will be treated as non-confidential and non proprietary information.
10. Taxes / Fees. All taxes or incidental expenses (including transfer fees) are the sole responsibility of the prize winner. Rights to the prize are not transferable. Except as provided herein, the prize may not be substituted or redeemed for cash or other consideration. The prize winner may be required to complete and submit an IRS Form W-9 to Sponsor before prize package can be delivered.
11. Announcement of the Winner. The prize winner will be publicly announced via Sponsor’s Facebook, Twitter, and/or Instagram page and otherwise following the conclusion of the Giveaway Term.
12. No Sponsorship by Facebook, Twitter, or Instagram. This Giveaway is in no way sponsored, endorsed or administered by, or associated with Facebook, Inc., Twitter, Inc., or Instagram.
13. Void Where Prohibited. The Giveaway is void where restricted by law, subject to tax, or otherwise prohibited. The Giveaway is strictly for entertainment purposes and may not be used in connection with any form of gambling.
14. Changes to Official Rules. Sponsor reserves the right to change the Official Rules or cancel the Giveaway at any time without further obligation or liability.
15. Disclaimer of Liability. Sponsor is not responsible for any incorrect or inaccurate information associated with or utilized in the Giveaway, including but not limited to any printing or typographical errors in any Giveaway materials, or for any technical or human error, which may occur in the processing of entries in the Giveaway. Sponsor has no liability or responsibility for entrant’s participation in or attempt to participate in the Giveawway or ability or inability to enter the Giveaway. Sponsor is not responsible for any personal injury or property damage or losses of any kind which may be sustained to entrant’s or any other person’s computer equipment, smart phone or mobile device resulting from participation or attempted participation in the Giveaway. Sponsor assumes no responsibility for any incomplete, misdirected, late, or lost entries, or any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, garbled or corrupted data transmitted, inaccessibility of any entry website, theft or destruction or unauthorized access to, or alteration of, entries or entry data, telephone, cable, satellite, network, electronic or Internet connectivity or other online or telephone network communication problems, errors or limitations of any Internet or telephone service providers, servers, hosts or other providers, failure of any online transmissions to be sent or received, or traffic congestion on the Internet or any entry website. If, for any reason, the Giveaway is not capable of running as planned, including tampering, unauthorized intervention, fraud, or any other causes beyond the control of the Sponsor which affects the administration, security, fairness, integrity or proper conduct of the Giveaway, then Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Giveaway. In the event that proper administration of the Giveaway is prevented by such causes as contemplated above, Sponsor will pick the prize winner from all eligible, non-suspect entries received prior to such action.
Entrants agree that Sponsor, its parent, subsidiaries and affiliated companies, Facebook, Inc., Twitter, Inc., and Instagram and their respective officers, managers, members, directors, employees, representatives and agents will have no liability whatsoever for, and shall be held harmless by entrants against, any and all liability, including but not limited to any death, injury, loss or damage of any kind, resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any prize, participation or attempted participation in this Giveaway, or while traveling to, preparing for or participating in any prize-related activity.
16. Disqualification. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of any of the Giveaway; to be acting in violation of the Official Rules; or to be acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Sponsor, its subsidiaries, affiliates and agents, will be the sole judge of all matters relating to this Giveaway.
17. General. By entering this Giveaway, each entrant warrants that, (a) the entrant has read, understood and followed these Official Rules; (b) the entrant agrees to be bound by the decisions of the Sponsor; and (c) the entrant is eligible under these Official Rules. Each potential prize winner may be subject to verification and investigation before being awarded any prizes. (d) the entrant agrees to receive future emails and promotions from Kimber Mfg, Inc. You may unsubscribe at anytime by clicking the "unsubscribe" link in our emails. This Giveaway shall be governed by New York law. By participating in this Giveaway, entrants agree that, except to the extent prohibited by applicable law, (1) any and all disputes, claims and causes of action arising out of or connected with this Giveaway, shall be resolved individually, without resort to any form of class action and New York state courts shall have exclusive jurisdiction over any dispute or litigation arising from or relating to this Giveaway and that the exclusive venue shall be in Yonkers, New York; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Giveaway, but in no event shall there be a claim or award of attorney's fees or costs; and (3) under no circumstances will entrants be permitted to obtain, 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.
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