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“SPRING OFFER” Sweepstakes Official Rules
- SPONSOR: This Sweepstakes is sponsored by Superior Plus Energy Services, Inc. located at 1870 South Winton Road, Suite 200; Rochester, NY 14618 (the “Sponsor”).
- AGREEMENT TO RULES: By participating, you agree to be fully unconditionally bound by these Rules, and you represent and warrant that you meet the eligibility requirements set forth herein. In addition, you agree to accept the decisions of Lucky Strike Bait Works, Limited, as final and binding as it relates to the content. The Contest is subject to all applicable federal, state and local laws.
- NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW. ALL FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS APPLY.
- Sweepstakes ENTRY PERIOD. The “Spring Offer” Sweepstakes (the “Sweepstakes”) runs from February 1, 2020 to July 31, 2020 (the “Sweepstakes Period”). The Sweepstakes will end at 11:59:59 ET on July 31, 2020 after which time the Sweepstakes will be closed and no further entries will be accepted.
- PARTICIPATION CONSTITUTES ACCEPTANCE OF RULES AND DECISIONS, CONSENT TO USE AND RELEASE OF CLAIMS. By entering this Sweepstakes, each participant warrants that he or she has read and agreed to abide by all Official Rules and that he or she is not prohibited from participating in the Sweepstakes. Participation in this Sweepstakes constitutes participant’s full and unconditional acceptance of these Official Rules and the decisions of the Sponsor, its parents, affiliates, employees and agents, which are final, binding and non-negotiable in all respect. Each participant agrees to release, discharge, indemnify and hold harmless the Sponsor and its parents, affiliates, shareholders, employees, officers, directors, agents, representatives, advertising and promotion agencies and prize suppliers from any liability arising from or related to the Sweepstakes, including without limitation, (i) unauthorized human intervention in the Sweepstakes; (ii) technical errors related to computers, servers, providers, or telephone or network lines; (iii) printing errors; (iv) lost, late, postage-due, misdirected, or undeliverable mail; and (v) claims based on publicity rights, defamation, or invasion of privacy. Further, participants fully and unconditionally release all claims for consideration, copyright infringement and all other claims of any nature relating to the use of their entry, name or likeness.
- ELIGIBILITY. This Sweepstakes is open to United States residents who have reached the age of majority in the state of residence at the time of entry. Proof of age and identity must be furnished upon request. Employees of the Sponsor, its parent, related or affiliated companies, departments, subsidiaries, franchisees, suppliers, advertising and promotional agencies, contest administrators, or any other parties engaged in the development, production or distribution of Sweepstakes materials or those living in the same household as the foregoing are not eligible to participate in this Sweepstakes. Sponsor reserves the right to disqualify any participant for any reason, including, but not limited to, violation of these Official Rules, copyright infringement or infringement of the rights of a third-party. In order to claim a Monthly Prize, the winner must provide a valid delivery address.
- TO ENTER. Participants who register between 12:00:00 AM ET on the first day of a Monthly Entry Period (as defined in Section 8 below) and 11:59:59 PM ET on the last day of the Monthly Entry Period will be eligible for a Draw (as defined in Section 10 below) for that Monthly Entry Period. To enter this Sweepstakes and be eligible to win, each participant will receive an entry by: (i) Navigating to www.propaneoffer.com (the “Website”); and (ii) completing and submitting the entry form (each, an “Entry”). Each participant may have only one Entry, and by submitting an Entry, participants agree to abide by these Official Rules Any attempt or suspected attempt to use robotic, automatic, programmed or otherwise illicit means to enter the Sweepstakes, or any other methods not authorized by these Official Rules, for example, but not limited to, creating multiple accounts, identities, or registrations, all in the Sponsor’s sole discretion, shall be deemed as tampering and may disqualify you from entering, participating and/or winning a prize. Entries that contain false or incomplete information are void. Entries that are late, lost, stolen, illegible, contain false information, are damaged, misdirected, mutilated, garbled or incomplete, altered or otherwise irregular or that do not conform with or satisfy any or all of the conditions of the Official Rules are void. Entrants grant Sponsor a non-exclusive licence to use all entries for any purpose. No correspondence will be entered into except with Selected Entrants. Proof of transmission (for example, screenshots or captures) does not constitute proof of entry or receipt of an entry.
- PRIZES. During each Monthly Entry Period, there are a total of three (3) prizes available to won as follows:
- One (1) unit of Amazon Basics Commercial Outdoor Patio Heater valued at approximately US $135 each,
- One (1) unit of Bali Outdoors Firepit LP Gas Fireplace 28” Square Table 50,000 BTU Fire Pit, Black valued at approximately US $159 each, and
- One (1) unit of Char-Broil Performance 300 2-Burner Cabinet Liquid Propane Gas Grill- Stainless Steel valued at approximately US $230 each ‘
(each, a “Prize” and collectively, the “Monthly Prizes”).
The Prizes are not transferable and must be accepted as awarded with no substitution of any kind or cash value. Sponsor makes no representation or warranty of any kind concerning the appearance or performance of the Prizes. The Sponsor hereby reserves the right to substitute another prize or component of a prize of equal or greater value, without liability, in the event that a Prize cannot be awarded as described for any reason. A Prize will not be awarded if, for any reason, there are no eligible entries for a particular Draw.
- Odds of Winning: Odds of winning a Prize will depend on the number of eligible Entries received during each Monthly Entry Period. For example, if the Sponsor receives 100 eligible Entries in a given Monthly Entry Period, your chances of winning a Prize will be 3 in 100.
- Monthly Entry Periods: One set of Monthly Prizes will be awarded for each Monthly Entry Period (defined in the table below) during the Sweepstakes Period. Entries received by a participant during a Monthly Entry Period shall only be eligible for the Draw (as defined in Section 10 below) for such Monthly Entry Period. The six (6) monthly periods during the Sweepstakes Period are as follow:
Monthly Entry Period February 1, 2020 – February 29, 2020 March 1, 2020 – March 31, 2020 April 1, 2020 – April 30, 2020 May 1, 2020 – May 31, 2020 June 1, 2020 – June 30, 2020 July 1, 2020 – July 31, 2020
- Monthly Prize Draw. A random draw for each month’s Monthly Prizes from all eligible Entries received during a Monthly Entry Period (each, a “Draw”) will take place during the first week of the subsequent month (i.e. May’s winners will be selected the first week of June) at the Sponsor’s office. The Sponsor, or an employee, agent or other representative of the Sponsor will conduct a Draw and select the potential winners (“Selected Entrants”). Selected Entrants will be deemed winners if they meet all of the eligibility criteria set out in these Official Rules. If a Selected Entrant does not meet the eligibility criteria, he/she will be disqualified and will not receive a prize and another entrant will be selected by way of a random draw from the remaining eligible entries. Before being declared a winner, Selected Entrants must: (i) sign and return a copy of these Official Rules; (ii) sign and return the Sponsor’s Declaration of Eligibility, Liability/ Publicity Release Form (“Winner Release”); and (iii) comply with all other Official Rules, all in the sole discretion of Sponsor.
- IDENTIFICATION OF POTENTIAL WINNER. Selected Entrants will be notified within seven (7) business days of the Draw and will be contacted by email or phone provided at the time of entry into the Sweepstakes. Up to three attempts will be made to contact Selected Entrants within seven (7) business days following the Draw. A Selected Entrant that does not or cannot accept a prize may be forfeited and a new Selected Entrants will be selected by random draw, in the Sponsor’s sole discretion. A signed copy of the Sponsor’s Winner Release must be received by the Sponsor no later than the 15th day of the month which a Selected Entrant is selected. The Sponsor is not responsible for the failure for any reason whatsoever of a Selected Entrant to receive notification or for the Sponsor to receive a Selected Entrant’s response.
- Release and Indemnification. All winners must sign the Sponsor’s Winner Release to: (i) confirm compliance with all Official Rules; (ii) agree to accept prizes as awarded; (iii) release, discharge and hold harmless the Sponsor, its departments and agencies, parent, related and affiliated companies, subsidiaries, franchisees, advertising and promotional agencies, counsel, marketing partners, and each of their respective directors, officers, employees, shareholders, successors, sponsors, partners, licensees, subsidiaries, agents, artists, advisors, assignees, and all others associated with the administration, development and execution of the Sweepstakes (“Released Parties”) from and against any and all manner of action, cause of action, claim or demand, loss or injury, use or misuse of a prize or any travel related thereto, and the use of entries by the Sponsor, suit, debt, covenant, contract, including legal fees and expenses, whatsoever, including but not limited to, claims based on negligence, breach of contract and fundamental breach, failure of any third-party contractor or supplier used in connection with any aspect of the Sweepstakes to perform or deliver any goods or services, any act of God or any other event beyond the Released Parties’ control, any dissatisfaction of any kind by a winner with any aspect of the Sweepstakes or any prize, liability for physical injury, death, or property damage which the entrants, guests, their heirs, successors or assigns have, might have or could have suffered, by reason of or arising out of the entrant’s participation in the Sweepstakes and/or in connection with the acceptance and/or exercise by the entrant of prizes as awarded; and (iv) indemnify the Released Parties against any loss, damage or expense, including legal fees, that any of the Released Parties may suffer or incur as a result of any non-compliance by entrants with any of the Official Rules or participation in the Sweepstakes and/or in connection with the acceptance and/or exercise by an entrant of a prize, and the use of entries by the Sponsor.
The Sponsor is not responsible for: (i) incorrect or inaccurate entry information that may affect a person’s ability to participate in the Sweepstakes or be awarded a prize, including but not limited to human error, technical malfunctions, lost or delayed entries for any reason, mail failures, omission, or any combination thereof, and entries that fail to fully comply with these Official Rules; (ii) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (iii) lost, incomplete, delayed, mutilated or misdirected entries or Winner Releases; (iv) injury or damage to entrants’ computers or to any other individual’s computer related to or resulting from participating in, or downloading any material regarding the Sweepstakes or accepting a prize; (v) 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, including the use of entries by Sponsor; (vi) the security or privacy of information transmitted via computer networks or for breaches of privacy due to interference by third-party computer hackers or otherwise; or (vii) late, lost, misdirected or unsuccessful efforts to notify a potential winner.
- Other conditions. No P.O. Box addresses will be accepted as a valid delivery address. Except for the shipping costs, a Prize’s winner is solely responsible for the any taxes or other costs or expenses associated with the delivery of the Prize to the address provided by the winner. No responsibility is assumed by the Sponsor for any of the Prizes after they are shipped and the winners will bear all risk of loss or damages.
- Sweepstakes and Rule Amendments. The Sponsor reserves the right to terminate or amend the Sweepstakes at any time and in any way, without prior notice to entrants. The Sponsor further reserves the right, in its sole discretion, to amend or modify these Official Rules, or modify, cancel or suspend this Sweepstakes, without prior notice for any reason whatsoever, including without limitation in the event that any cause beyond the reasonable control of the Sponsor corrupts, or threatens to corrupt, the security or proper administration of the Sweepstakes.
- Law. The Sweepstakes is void where prohibited by law and is subject to all applicable United States federal, state, and local laws. This Sweepstakes shall be governed exclusively by the laws of the State of New York, including all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, rights and obligations between entrants and the Sponsor, and procedural provisions, without giving effect to any choice of law or conflict of law rules. Any dispute shall be adjudicated by the courts sitting within the area comprising the Southern District of New York.
- Intellectual Property. All intellectual property, including but not limited to trademarks, logos, designs, promotional materials, web pages, source codes, images, drawings, illustrations, slogans and representations are owned by the Sponsor. All rights reserved. Unauthorized copying or use of any of the Sponsor’s intellectual property without the express written consent of the Sponsor is strictly prohibited.
- MISCELLANEOUS. The decision of the official judges and Sponsor in respect of all matters pertaining to the Sweepstakes, including without limitation, eligibility, validity, contents, and/or disqualification of any Entry, shall be final and binding without right of appeal.
“SPRING OFFER” Sweepstakes (the “Sweepstakes”)
Declaration of eligibility, liability/ publicity Release
In order to be declared an official winner of the Prize, you, as a Selected Entrant, must accept the terms of, and complete this Declaration, Release and Waiver form and return to: SPES Marketing; Superior Plus Energy Services, Inc.; 1870 South Winton Road, Suite 200; Rochester, NY 14618 WITHIN 7 DAYS FROM THE DATE IT IS RECEIVED or Prize will be forfeited and you will no longer be eligible to receive the Prize. Email transmission will also be accepted at: firstname.lastname@example.org. Upon receipt of a completed Declaration, Release and Waiver form, you will receive a phone call within 7 business days confirming you are declared as an official winner. Awarding of the Prize is subject to verification and compliance with the Official Rules of the Sweepstakes.
I declare that I willingly participated in the Sweepstakes. In consideration for having participated in the Sweepstakes and accepting and using the prize, I, ____________________________, in the state of ____________________ declare that I am _________ year of age and that my email address is __________________________________________________.
I am making this declaration (Winner Release) with the understanding that it will be relied upon to confirm my eligibility in the Sweepstakes.
I declare that I have read and complied with, and that I understand, all of the Official Rules, which are available at https://www.propaneoffer.com, that all of the information below is true and that I have committed no fraud or deception in entering the Sweepstakes or claiming a prize.
I further declare that I am age of majority in the province or territory in the United States of America in which I reside and that I am not an employee of Superior Plus Energy Services, Inc. (the “Sponsor”), its parent, related or affiliated companies, departments, subsidiaries, franchisees, suppliers, advertising and promotional agencies, contest administrators, or any other parties engaged in the development, production or distribution of Sweepstakes materials or those living in the same household as the foregoing, none of whom are eligible to enter the Sweepstakes or win a prize.
In consideration of the prize, which I acknowledge is good, valuable and sufficient consideration, I agree as follows:
- To accept the prize as awarded.
- To release, discharge and hold harmless the Sponsor, its departments and agencies, parent, related and affiliated companies, subsidiaries, franchisees, advertising and promotional agencies, counsel, marketing partners and each of their respective directors, officers, employees, shareholders, successors, sponsors, partners, licensees, subsidiaries, agents, artists, advisors, assignees, and all others associated with the administration, development and execution of the Sweepstakes (the “Released Parties”) from and against any and all manner of action, cause of action, claim or demand, loss or injury, use or misuse of a prize, suit, debt, covenant, contract, including legal fees and expenses whatsoever, including but not limited to, claims based on negligence, breach of contract and fundamental breach, failure of any third-party contractor or supplier to the Sponsor or used in connection with any aspect of the Sweepstakes to perform or deliver services, any act of God or any other event beyond the Sponsor’s control, any dissatisfaction of any kind with any aspect of the Sweepstakes or any prize, liability for physical injury, death, or property damage which I, my heirs, successors or assigns have, might have or could have suffered, by reason of or arising out of participation in the Sweepstakes and/or in connection with the acceptance and/or exercise of the prize as awarded.
- To indemnify the Released Parties against any loss, damage or expense, including legal fees, that any of the Released Parties may suffer or incur as a result of any non-compliance by me with any of the Official Rules or participation in the Sweepstakes and/or in connection with the acceptance and/or exercise of the prize.
- To grant to the Sponsor, its agents and representatives, and marketing partners, the right to print, publish, broadcast and use worldwide in any media now known or hereafter developed, including, but not limited to, the World Wide Web, the Sponsor’s internet websites and social media pages, at any time(s), my name, likeness, portrait, picture, photograph, voice, video-camera footage and biographical information (name, city, state of residence and image), as is or as may be edited by the Sponsor, as news or information and for advertising promotional purposes without any compensation or review by me.
- I agree, upon the Sponsor’s request, to execute and deliver any further documents and perform all further acts, as the Sponsor in its sole discretion may deem necessary to give effect to this form.
- To return upon demand to the Sponsor, or its agents, representatives or marketing partners, any prize that has been or may be awarded to me if any statement made by me in this Winner Release is false or if I have failed to comply with any of the Official Rules, all as determined in the sole discretion of the Sponsor.
- I agree that this document is governed by the laws of the State of New York, and any applicable federal laws of the United States of America, and operates to the benefit of the Released Parties, and is binding on me and my heirs, administrators, successors, assigns, insurers and estate.
ALL CONTEST SUBMISSIONS ASSUME THE ENTRANT HAS READ THIS DECLARATION, RELEASE AND WAIVER FORM CAREFULLY, FULLY UNDERSTAND ITS CONTENTS AND VOLUNTARILY AGREE TO ITS TERMS. ALL ENTRANTS ACKNOWLEDGE THAT THEY ARE WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE.