“Beat the Heat” Sweepstakes
NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. ALL FEDERAL, STATE, LOCAL AND LOCAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED.
The “Beat the Heat” Sweepstakes (the “Sweepstakes”) is intended for legal residents of the 50 United States of America and District of Columbia (collectively “USA”) only and shall only be construed and evaluated according to the laws of the State of Connecticut. Do not enter this Sweepstakes if you are not located in the USA at the time of entry.
SPONSOR/ADMINISTRATOR: The Sweepstakes is sponsored by O.F. Mossberg & Sons, Inc., 7 Grasso Avenue, North Haven, CT 06473 (the “Sponsor”), and administered by American Sweepstakes & Promotion Co., Inc., 300 State St., Suite 402, Rochester, NY 14614 (the “Administrator”).
ELIGIBILITY: The Sweepstakes is open and offered only to individuals who are legal residents of the USA who have reached the age of majority in their state of residence at the time of entry (the “Entrants”). Entrants must have a valid government-issued driver’s license or proof of identification. Failure to comply with these requirements will result in the forfeiture of the prize. This offer is void where prohibited by law and subject to all applicable federal, state and local laws and regulations. Employees, officers and directors (including immediate family members and members of the same household) of the Sponsor, the Administrator, their respective divisions, subsidiaries, affiliates, advertising and promotion agencies, prize suppliers and any other entities directly associated with this Sweepstakes are not eligible to enter or win.
AGREEMENT TO OFFICIAL RULES: By participating in the Sweepstakes, Entrants agree to abide by and be bound by these Official Rules and the decisions of the Sponsor, which are final and binding in all matters relating to the Sweepstakes. Winning the Grand Prize (defined below) is contingent upon fulfilling all requirements set forth herein.
HOW TO ENTER: The Sweepstakes begins at 12:00:01am ET on July 20, 2018 and ends at 11:59:59pm ET on August 31, 2018 (“Sweepstakes Period”). Entrants can enter the Sweepstakes by visiting the Sponsor’s created Sweepstakes microsite: Entrants also have the opportunity to earn up to five (5) bonus entries via the post-entry refer-a-friend feature. Entrants will be given a unique URL address to share with their friends. For every friend that enters the Sweepstakes thru the unique URL, the original referrer will receive one (1) bonus entry (max 5 bonus entries via friend sharing). (the “Website”). At the Website, Entrants will can enter the Sweepstakes by completing the Sweepstakes registration form requesting full name, complete mailing address, phone number, and email address. Each properly completed registration form will result in one (1) Sweepstakes entry. Limit one (1) registration entry per Entrant. [MC1]
Proof of entering information at the Website is not considered proof of delivery to or receipt by Sponsor of an entry. Internet entries must be made by the Entrant only at the Website. Entries made by any other individual or any entity and/or originating at any other website or email address, including, but not limited to, commercial Sweepstakes subscription notification and/or entering service sites, will be declared invalid and disqualified for this Sweepstakes. The use of automated entry devices is prohibited and no mechanically reproduced entries are allowed; all such entries are void.
GENERAL CONDITIONS: If the operation or administration of this Sweepstakes is impaired or incapable of running as planned for any reason, including, but not limited to: (a) infection by a computer virus or bugs; (b) tampering or unauthorized intervention; (c) fraud; (d) technical failures; or (e) any other causes beyond the control of the Sponsor that corrupt or affect the security, fairness, integrity or proper administration of this Sweepstakes, the Sponsor reserves the right, in its sole discretion to cancel, terminate, modify or suspend the Sweepstakes in whole or in part, at any time, without notice and/or award of the Grand Prize (below) using all non-suspect eligible entries received as of, or after (if applicable) this cancellation, termination, modification or suspension date. Sponsor reserves the right, in its sole discretion, to disqualify any individual deemed to be; (a) tampering or attempting to tamper with the entry process or the operation of the Sweepstakes or Sponsor’s Website; or (b) acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. Failure by the Sponsor to enforce any provision of these Official Rules shall not constitute a waiver of that provision. In the event of a dispute as to the identity of a winner based on an email address, the winning entry will be declared by the authorized account holder of the email address submitted at time of entry. “Authorized account holder” is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.
DRAWING AND NOTIFICATION: The potential Grand Prize winner will be selected in a random drawing from among all eligible entries received during the Sweepstakes Period. The prize drawing will be conducted on September 10, 2018, by the Administrator, whose decisions are final and binding. Odds of winning the Grand Prize will depend on the total number of eligible entries received throughout the Sweepstakes Period. The potential Grand Prize winner will be contacted by the Administrator via telephone, email, and/or USPS mail.
GRAND PRIZE: One (1) Grand Prize winner will be selected. The Grand Prize winner, upon the Administrator's confirmation of eligibility, will receive one (1) Mossberg 930 JM Pro, 12 Gauge, 10-shot, semiauto shotgun (SKU 85118) (Collectively, “Grand Prize” or “Prize”). The Approximate Retail Value (“ARV”) of Prize is $813. All local, state and federal taxes are the sole responsibility of the Winner. The Winner is subject to verification and all prize transfers are subject to federal, state and local laws and regulations, and Sponsor’s approval, in its sole discretion.
PRIZE CONDITIONS: The potential Grand Prize winner will be required to complete, sign, and return an Affidavit of Eligibility and Liability/Publicity Release (collectively, “Winner Documents”) to be returned within seven (7) days of notification from the Administrator, or prize may be forfeited and an alternate winner selected. Note: The Affidavit sent to the potential Grand Prize winner will require that the winner provide their Social Security Number to the Administrator, which will be used solely for tax reporting purposes. The potential Grand Prize winner will be required to provide a copy of a valid government-issued driver’s license or identification card with return of the completed Winner Documents. The Prize winner will be responsible for all local, state, and federal taxes associated with the receipt of the Grand Prize. The winner must note that the value of the accepted Prize is taxable as income and an IRS Form 1099 will be filed in the name of the winner for the value of the Prize. If any information provided in the Winner Documents is incorrect, the winner in question may be disqualified (in Administrator’s sole discretion). If a prize or prize notification is returned as unclaimed or undeliverable to a potential winner, if a potential winner cannot be reached on the first notification attempt, if a potential winner fails to return Winner Documents within the specified time period, or if a potential winner is not in compliance with these Official Rules, then such person may be disqualified and an alternate winner may be selected for the Prize at issue, at Administrator’s sole discretion. All taxes, if applicable, are the sole responsibility of the winner. The Winner Documents are subject to verification by Sponsor.
The Sponsor will ship the Prize to a valid Federal Firearms Licensee in the U.S. selected by the approved Grand Prize winner. The Grand Prize winner is responsible for providing Sponsor with a copy of the Federal Firearm Licensee’s license to which the Grand Prize winner would like the prize shipped. All firearms transfers must be in compliance with all federal, state and local laws and regulations and will be subject to the requirements, policies and procedures of the chosen Federal Firearms Licensee for delivery. If the Grand Prize winner is unable to complete the firearm transfer because the firearm is not legally available for transfer or sale in his or her state or locale, the Grand Prize winner may select a substitute firearm that is of equal or lesser value. Substitute prizes are subject to availability and Sponsor makes no claims or representations that any particular substitute selected by the Grand Prize winner will be available. Any substitute prize must be legally available for sale in the Grand Prize winner’s state or locale. If a Grand Prize winner is unable to complete the firearm transfer due to a failure of the required background check or other failure to meet the requirements of the Federal Firearms Licensee, the Prize in question will be forfeited and returned to Sponsor at Sponsor’s sole expense and the winner in question will be disqualified. In the event of noncompliance with these requirements, the Prize may be forfeited. The Sponsor is not responsible and the Grand Prize winner is solely responsible for the costs incurred to travel to pick up the firearm and/or any other costs and fees associated with the transfer of the firearm prize, including any amounts charged by the Federal Firearms Licensee to complete the transfer. Sponsor reserves the right, in its sole discretion, to void entries of any Entrant who is or may be ineligible to purchase a firearm in his or her state or locale.
All prize details not specified in these Official Rules will be determined in Sponsor’s sole discretion. All federal, state and local taxes, as well as any expenses not specified in these Official Rules as being provided as part of the prize, are the sole responsibility of the winner. Sponsor will not replace any lost, mutilated or stolen prize. The Sponsor is not responsible for any inability of a winner to accept or use the prize for any reason. No transfers, prize substitutions (other than substitutions as specifically set forth hereinabove) or cash redemptions will be made, except in Sponsor’s sole discretion. The Sponsor reserves the right to substitute the stated prize with another prize of equal or greater value for any reason, including, without limitation, prize unavailability.
RELEASE AND LIMITATIONS OF LIABILITY: By participating in the Sweepstakes, Entrants agree to release, hold harmless and indemnify the Sponsor and the Administrator, their respective parents, employees, officers, directors, agents, representatives, subsidiaries, divisions, affiliates, distributors, sales representatives, advertising and promotional agencies of each (collectively, the “Released Parties”) from and against any claim or cause of action arising out of participation in the Sweepstakes or receipt or use of any prize, including, but not limited to: (a) any technical errors that may prevent an Entrant from submitting an entry; (b) unauthorized human intervention in the Sweepstakes; (c) printing errors; (d) errors in the administration of the Sweepstakes or the processing of entries; (e) injury, death 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/use of any Prize; or (f) claims or actions based on publicity rights, defamation and/or invasion of privacy. Released Parties assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. Released Parties are not responsible for any problems or technical malfunction of any telephone network or telephone lines, computer online systems, servers or providers, computer equipment, software, failure of any email or entry to be received by Sponsor on account of technical problems, human error or traffic congestion on the Internet or at any Website, or any combination thereof, including any injury or damage to participant’s or any other person’s computer relating to or resulting from participation in this Sweepstakes or downloading any materials in this Sweepstakes. Entrant further agrees that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Sweepstakes, and in no event shall the Released Parties be liable for attorney’s fees. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct or indirect damages. The winner agrees that the prize is provided as-is without any warranty, representation or guarantee, express or implied, in fact or in law, relative to the use or enjoyment of the prize, including, without limitation, its quality, merchantability or fitness for a particular purpose.
EACH ENTRANT UNDERSTANDS AND AGREES THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY OF THE UNITED STATES ARE HEREBY EXPRESSLY WAIVED BY HIM/HER. SECTION 1542 READS AS FOLLOWS:
“CERTAIN CLAIMS NOT AFFECTED BY A GENERAL RELEASE. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
In addition, by accepting the Grand Prize, where permitted by law, the winner grants to the Released Parties and those acting pursuant to the authority of Sponsor and the Released Parties (which grant will be confirmed by the winner in writing upon Sponsor’s request), the right to print, publish, broadcast and use worldwide IN ALL MEDIA, without limitation, the winner’s full name, portrait, picture, voice, likeness and/or biographical information for advertising, trade and promotional purposes without further payment or additional consideration and without review, approval or notification.
RESOLUTION OF Disputes/Governing Law: Except where prohibited, as a condition of participating in this Sweepstakes, each Entrant agrees that any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes, the Prize awarded, or the determination of the winner shall be resolved individually, without resort to any form of class action. Further, in any such dispute, under no circumstances will an Entrant be permitted to obtain awards for, and hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than Entrant’s actual out-pocket expenses (if any), not to exceed two hundred fifty dollars ($250), and Entrant further waives all rights to have damages multiplied or increased. This Sweepstakes and any dispute arising under or related thereto (whether for breach of contract, tortious conduct or otherwise) will be governed by the laws of the State of Connecticut, without reference to its conflicts of law principles. Any legal actions, suits or proceedings arising out of this Sweepstakes (whether for breach of contract, tortious conduct or otherwise) will be brought exclusively in the state or federal courts located in Connecticut, and each Entrant accepts and submits to the personal jurisdiction of these Connecticut courts with respect to any legal actions, suits or proceedings arising out of or related to this Sweepstakes.
WINNERS LIST REQUEST: To request confirmation of the name, city and state of residence of the winner, please send a self-addressed, stamped business size envelope, by October 30, 2018, to: ASC/Mossberg “Beat the Heat” Sweepstakes Winners List Request, 300 State St. Suite 402, Rochester, NY 14614.