Masterbuilt Manufacturing, Inc.
LABOR DAY GIVEAWAY
SWEEPSTAKES OFFICIAL RULES
NO PURCHASE NECESSARY.
PURCHASE DOES NOT IMPROVE ONE'S CHANCES OF WINNING.
August 25, 2014
THIS PROMOTION IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH, FACEBOOK. YOU ARE PROVIDING YOUR INFORMATION TO THE SPONSOR AND NOT TO FACEBOOK. THE INFORMATION YOU PROVIDE WILL ONLY BE USED FOR ADMINISTRATION OF THIS CONTEST OR AS OTHERWISE PROVIDED BELOW.
1. Eligibility: The MASTERBUILT LABOR DAY GIVEAWAY 2014 (the "Sweepstakes") is open only to legal residents of the United States (excluding its territories and possessions) and Washington D.C. who are at least 18 years of age at time of entry ("Entrant"(s)). Void where prohibited. The Sweepstakes is sponsored by MASTERBUILT ("ESP" or "Sponsor"). Employees, shareholders, officers, directors, agents, and representatives of Sponsor, and any parent companies, affiliates, divisions, subsidiaries, agents, representatives and promotion and advertising agencies, including WOOBOX (collectively, the "Promotion Entities"), together with the immediate family members and those living in the same household of such persons, are not eligible to participate in the Sweepstakes. For purposes of the Sweepstakes, "Household Members" shall mean those people who share the same residence at least three months a year and "Immediate Family Members" shall mean parents, step-parents, legal guardians, children, step-children, siblings, step-siblings, or spouses. Eligible Entrants who are under the legal age of majority in their state or province of primary residence ("Minor") must get their parent or legal guardian’s permission to participate in the Sweepstakes. A Minor Entrant may be required to provide parental consent in a form satisfactory to the Sponsor before he or she can be declared a winner and any prize can be awarded.
The Sweepstakes allows Entrants to enter a random drawing on Sponsor’s Facebook Fan Page at http://www.facebook.com/MASTERBUILT (the "Site") for a chance at winning the Grand Prize of One (1) MASTERBUILT ELECTRIC SMOKER. The total ARV of the Prizes is up to $299.99. THE ODDS OF WINNING ANY PRIZE DEPENDS ON THE TOTAL NUMBER OF ELIGIBLE ENTRIES RECEIVED.
2. Sweepstakes Period: The Sweepstakes shall begin at 8:30 a.m. Eastern Standard Time ("EST") on August 25th, 2014 and shall end at 11:59:59 p.m. PST on August 31st, 2014 ("Sweepstakes Period"). WOOBOX will automatically select a winner at midnight on September 1st.
3. How to Enter: To enter the Sweepstakes you, the Entrant, must (a) click the "Like Button" on the Site (previously referred to as becoming a "Fan" of the Site and the Sponsor) (b) remain a "Fan" of the Site for the duration of the Sweepstakes and (c) submit an entry ("Entry") by filling out the required information on the entry page (“Entry Page”) with valid and current information. Entries shall be collected by WOOBOX on behalf of Sponsor. Entries must be received during the Sweepstakes Period. The WOOBOX’s computer shall be the official clock for all purposes of this Sweepstakes. Any attempt to submit an Entry other than as described herein is void.
a. Facebook Additional Entries: Entrants may earn an additional Entry (“Facebook Share Entry”) for each Facebook “friend” who submits an Entry subsequent to Entrant’s sharing or promoting their participation in the Sweepstakes (“Facebook Share Entries”), through means such as, but not limited to, posting to their Facebook wall, using the share/post application, link or functionality available on the Site or Entry Page. Entries and Facebook Share Entries shall all be referred to as Entries.
NOTE: To be eligible to win the Prize, an Entrant must remain a Fan of the Site throughout the Sweepstakes Period. Any Entrant who is not a "Fan" or does not "Like" the Site or Sponsor subsequent to Entry or at the end of the Sweepstakes Period shall be disqualified from winning any of the Prizes.
ONLY ONE ENTRY IS PERMITTED PER PERSON PER DAY WITH UNLIMITED FACEBOOK SHARE ENTRIES PERMITTED.
4. Winning: After the end of the Sweepstakes Period, on September 1, 2014, Sponsor will randomly select one (1) potential grand prize (“Grand Prize”) winner from all eligible Entries received. The odds of winning the Grand Prize depends on the total number of eligible Entries received during the entire Sweepstakes Period.
5. Notifications: The Winner of the Grand Prize will be notified within 5 days of the drawing of the Winner. The Grand Prize Winner will be contacted via email (as provided during Entry) or by publication on the Site to confirm eligibility and compliance with these Official Rules.
The Grand Prize Winner may also be required to execute and submit (or return) an Affidavit of Eligibility, a Liability Release, and (where legal) a Publicity Release (collectively, "Prize Claim Documents") within five (5) days from the date Sponsor sends out notice. The Sponsor reserves the right to disqualify anyone who does not fully comply with these Official Rules or meets the participation criteria.
The failure to respond timely to the notifications and the failure to provide the Prize Claim Documents may result in forfeiture of a Prize and, in such case, the Sponsor may, but is not required to, declare an alternate Winner. An Alternate Winner will be chosen based using additional random drawing. If any of the Prizes are unclaimed or are forfeited by any of the Winners, the Prizes may not be re-awarded, in Sponsor’ sole discretion.
6. Prize: Grand Prize: After the end of the Sweepstakes Period, Sponsor will randomly select one (1) Grand Prize winner from all eligible Entries received. The Grand Prize Winner shall be awarded One (1) MASTERBUILT ELECTRIC SMOKER. The total ARV of all Prizes shall be up to $250.99. THE ODDS OF WINNING THE PRIZE DEPENDS ON THE TOTAL NUMBER OF ELIGIBLE ENTRIES RECEIVED.
A Winner may not assign or transfer the Prize to another person. No prize substitution is allowed except at the sole discretion of Sponsor, who reserves the right to substitute a prize (or any portion thereof) of comparable or greater value, in their sole discretion. If a Prize cannot be awarded due to circumstances beyond the control of Sponsor, a substitute prize of equal or greater retail value may be awarded.
The Winners will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the Prize he/she receive. Expenses not stated are the sole responsibility of the Winner. The value of the Prize awarded to the Winner may be reported for tax purposes as required by law. The Winner may be required to provide Sponsor with a valid social security number before the Prize will be awarded for tax reporting purposes. An IRS Form 1099 may be issued in the name of the Winner, for the actual value of the Prize received. Other restrictions may apply.
7. Rights of Sponsor: Sponsor, shall have the right, at its sole and absolute discretion to refuse any Entry whatsoever made by Entrants which it finds to be in violation of these Official Rules, does not fully comply with all of Sponsor’ and/or these Official Rules’ requirements in connection with any and all legal clearance issues, or which it finds in its sole discretion to be otherwise objectionable for any reason. Sponsor also reserves the right, in its sole and absolute discretion, to terminate the Sweepstakes for any reason in the event that there is an error, problem, fraud or cause that impacts the operation, administration or security of the Sweepstakes. If the Sweepstakes is terminated by Sponsor as provided above, Sponsor may refrain from selecting Winners or in the alternate may select Winners from all eligible Entrants received prior to the action taken or in such manner as deemed fair and appropriate by Sponsor in their sole discretion.
Reservation of Right to Modify: Sponsor reserves the right to suspend, modify, alter or terminate the Sweepstakes if any federal or state law, rule or regulation, or any judicial decision or Attorney General Opinion, or any change in the current enforcement policy affects the legality of the Sweepstakes, in whole or in part. Any attempt by an Entrant to deliberately damage the Sweepstakes, the Site or Entry Page or undermine the legitimate operation of the Sweepstakes is a violation of criminal and civil laws. Sponsor reserves the right to prosecute and seek damages to the fullest extent of the law.
8. General Terms And Conditions: By participating, each Entrant agrees that the Sponsor and the Sweepstakes Entities are not responsible or liable for, and shall be released and held harmless from: (i) late, lost, delayed, damaged, incomplete, illegible, unintelligible, misdirected or otherwise undeliverable mail, email, SMS/MMS, postage-due notices, release forms, affidavits or other correspondence; (ii) telephone, electronic, hardware or software program, network, Internet or computer malfunctions, failures, or difficulties of any kind; (iii) any condition caused by events beyond the control of the Sponsor that may cause the Sweepstakes to be disrupted or corrupted; (iv) any printing, human, typographical or other errors or ambiguities in (or involving) any materials associated with the Sweepstakes; (v) any and all losses, damages, rights, claims and action of any kind in connection with or resulting from participation in the Sweepstakes; (vi) acceptance, possession, use or misuse of any Prize, including, without limitation, personal injury, death and property damage arising there from; and (vii) claims based on publicity rights, defamation or invasion of privacy.
Sponsor reserves the right, at its sole discretion, to prohibit any Entrant from participating in the Sweepstakes or to disqualify any individual it finds, in its sole determination, to be tampering with the Entry process or the operations of the Sweepstakes; to be attempting to undermine the legitimate operations of the Sweepstakes by cheating, hacking, deception, or any other unfair playing practices; to be acting in violation of these Official Rules; or to be acting in a disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Sponsor may suspend or discontinue the Sweepstakes if, in its sole opinion, there is any actual or suspected tampering of the Sweepstakes, or any other malfunction, event or activity that may affect the integrity of the Sweepstakes. SPONSOR SHALL NOT BE OBLIGATED TO AWARD ANY PRIZE THAT RELATES TO OR ARISES OUT OF IMPROPER OR MISTAKEN PRIZE NOTIFICATION, OPERATION OR FUNCTION OF THESE SWEEPSTAKES. The invalidity or unenforceability of any provision of these Official 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 Official 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.
BY ENTERING THE SWEEPSTAKES, ENTRANTS AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED, (IF ANY), NOT TO EXCEED TWO HUNDRED FIFTY ONE DOLLARS ($251.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; AND 3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
9. Governing Law: All issues and questions concerning the construction, validity, interpretation and enforceability of these Sweepstakes Official Rules, or the rights and obligations of the Entrants and Sponsor in connection with the Sweepstakes, shall be governed by and construed in accordance with the laws of the State of Virginia without giving effect to any choice of law or conflict of law rules or provisions which would cause the application of the laws of any jurisdiction other than the State of Virginia. Sponsor' decisions as to all matters related to the administration of the Sweepstakes are final.
11. Official Rules/Winners List: For a copy of these Official Rules or the names of the Winners, send a self-addressed, stamped envelope to:
Masterbuilt Sweepstakes 2014 Official Rules
c/o MEDIA/PR TEAM
1 Masterbuilt Court
Columbus, GA 31907
All requests must be received by August 31st, 2014.