PFSBRANDS SWEEPSTAKES OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER, WIN, OR CLAIM A PRIZE. A PURCHASE DOES NOT IMPROVE AN ENTRANT’S CHANCES OF WINNING.
OPEN ONLY TO ELIGIBLE LEGAL RESIDENTS OF THE FIFTY (50) UNITED STATES AND THE DISTRICT OF COLUMBIA WHO ARE AT LEAST 18 YEARS OLD AT THE TIME OF ENTRY.
VOID IN PUERTO RICO AND WHERE PROHIBITED BY LAW.
PFSbrands Sweepstakes (“Game”) is sponsored and administrated by PFSbrands®, 170 Commerce Drive, Holts Summit, MO 65043 (“Sponsor” and/or “Administrator”).
- GAME PERIOD: The Game begins at 12:00 AM Central Time (“CT”) on June 10, 2018 and ends at 11:59:59 PM CT on June 12, 2018 (“Game Period”). The Sponsor’s computer is the Game’s official clock.
- ODDS: ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ENTRIES. BY ENTERING THIS GAME, YOU FULLY AND UNCONDITIONALLY AGREE TO ACCEPT THESE “OFFICIAL RULES,” INCLUDING BUT NOT LIMITED TO YOUR AGREEMENT TO RESOLVE ANY DISPUTES BY BINDING ARBITRATION AS PROVIDED IN SECTION 15 BELOW.
- ELIGIBILITY: The Game is offered only to legal residents of the fifty (50) United States and the District of Columbia who are at least 18 years of age at the time of entry. Employees, officers, directors, representatives, and agents of Sponsors, Administrator, and each of their respective parent companies, subsidiaries, affiliates, and advertising, promotion and web design agencies (collectively, “Game Entities”) and members of the immediate family (mother, father, brothers, sisters, sons, daughters and spouse, regardless of where they reside) and household members of each such employee, officer, director, representative or agent whether or not related, are not eligible to enter or win. Void in Puerto Rico, all United States Territories and Possessions and overseas military installations, outside of the United States, and where prohibited or restricted by law. All federal, state, and local laws apply.
Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsors’ and Administrator’s decisions, which are final and binding in all matters related to the Game. Winning a prize is contingent upon fulfilling all requirements set forth herein. Entrants and potential winners may be required to provide proof of identification and eligibility as required by Sponsors or Administrator. If it is discovered or suspected that an entrant has registered for or played or attempted to register for or play the Game using multiple e-mail addresses or multiple identities, all of that entrant’s entries will be declared null and void and any prize that entrant might have been entitled to receive or win will not be awarded. Use of any automated system or any like methods to participate in the Game is prohibited and will result in disqualification of any entrant attempting such use. Employees, officers, directors, agents, representatives, and the immediate family members of Game Entities are not eligible to enter. This Game is void where prohibited by law. All federal, state and local laws and regulations apply.
- HOW TO ENTER: During the Game Period, entrants (“Entrant(s)”) enter via QR scanner at the PFSbrands food show booth.
- PRIZES AND APPROXIMATE RETAIL VALUE (“ARV”): Prize description (“Grand Prize”) and (“Prize”) for winning Entrants (“Winner(s)”).
(a)Each Grand Prize consists of a 55 inch Vizio TV.
Limit one (1) Grand Prize or one (1) Prize per Entrant. No cash or prize substitution is allowed except at the sole discretion of the Sponsor. If a prize cannot be awarded due to circumstances beyond the control of the Sponsor, a substitute prize of equal or greater value will be awarded. Prize is not transferable.
PRIZES ARE AWARDED “AS-IS’’ AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE GAME ENTITIES (INCLUDING EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES AND AFFILIATES) EXPRESSLY DISCLAIM ANY AND ALL RESPONSIBILITY AND LIABILITY ARISING FROM USE OR REDEMPTION OF A PRIZE, AS FURTHER SET FORTH IN THESE OFFICIAL RULES, INCLUDING BUT NOT LIMITED TO ANY DAMAGES OR INJURIES SUSTAINED BY A WINNER OR A WINNER’S GUEST FOR ANY REASON, INCLUDING FROM ANY PART OF THE PRIZE OR ANY OTHER CAUSE(S) BEYOND SPONSOR’S REASONABLE CONTROL.
- SELECTION OF WINNERS: Entrants will be deemed potential Winners subject to verification of eligibility and compliance with these Official Rules, as determined by Sponsor in its sole discretion. Potential winners will be selected from a randomized drawing once the Game Period has ended. Any unclaimed Prizes at the end of the redemption period will not be awarded. Odds of winning depend on the number of eligible entries received.
Potential winners will be notified via email. For entrants that win, the email will be provided within 30 days after the Game Period ends. A potential winner is not a winner of any Prize unless and until entrant’s eligibility has been verified by Sponsor. Once a potential winner has been determined to be a valid and eligible winner, that winner shall be a Prize Winner.
If a potential winner is disqualified, found to be ineligible or not in compliance with these Official Rules, declines to accept a prize, or cannot be reached after a reasonable effort has been exerted, the Grand Prize or Prize may be awarded to a randomly selected alternate winner, as determined by Sponsor in its sole discretion. If, after a good-faith attempt, Sponsor is unable to award or deliver a Grand Prize or Prize, the Grand Prize or Prize may not be re-awarded.
Sponsor is not responsible for any undelivered emails, including without limitation messages that are not received because of an entrant’s privacy settings. All Prizes that are unclaimed, unredeemed, or returned as undeliverable will not be awarded. The right to receive a prize is non-assignable, non-transferable and no prize substitution, exchange or cash equivalent will be allowed, except by Sponsor, who reserves the right to substitute a prize of equal or greater value in case of unavailability of a prize or force majeure, at Sponsor’s sole and absolute discretion. All other costs and expenses not expressly set forth herein shall be solely the winner’s responsibility. Game Entities shall not be held responsible for any delays in awarding the prize for any reason. Each prize will only be awarded to a verified winner.
- PUBLICITY: As a condition of entry into the Game, except where prohibited by law, each entrant by entering (including the potential Winners) grants to the Game Entities all right, title and interest in and to publicize, broadcast, display and/or otherwise use the Entrant’s name, likeness, address (city and state) and biographical material (collectively, “Licensed Rights”) in any media now known or hereafter devised throughout the world in perpetuity for advertising and publicity purposes, without additional review, compensation, permission or approval, unless prohibited by law.
- CONDITIONS AND GENERAL RULES: By entering, participants agree to be bound by these complete Official Rules and by the decisions of Sponsor, which are final and binding in all respects. By entering or participating in this Game entrants waive the right to claim any ambiguity or error in the Official Rules or in the Game itself. All federal, state and local laws and regulations apply. All applicable federal, state and local taxes are the responsibility of the prize winner(s). Game Entities are not responsible for: (i) late, lost, delayed, damaged, misdirected, incomplete, stolen, postage due or illegible entries; (ii) any injuries, losses, or damages of any kind caused by the prize or resulting from acceptance, possession, or usage of the prize; (iii) printing, distribution or production errors; (iv) any incorrect or inaccurate information or technical failures of any kind; (v) unauthorized human intervention in any part of the entry process or the Game; or (vi) any other computer, network, technical, human or other error, problem or malfunction that may occur in connection with the administration of the Game, the processing of entries, or the selection or notification of winners. Return of prize or prize notification as undeliverable will result in disqualification and an alternate winner may be selected. Any person attempting to defraud or in any way tamper with this Game will be ineligible for prizes and may be prosecuted to the full extent of the law.
Sponsor reserves the right to modify these Official Rules for clarification purposes without materially affecting the terms and conditions of the Game. If, for any reason, the Game is not capable of running as planned for reasons which, in the sole opinion of Sponsor, may corrupt or affect the administration, security, fairness, integrity or proper conduct of the Game (or portion thereof), Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify or suspend the Game (or portion thereof). In the event of such cancellation, termination, modification or suspension, Sponsor will select a prize winner from all eligible, non-suspect entries received prior to such action.
Sponsor also reserves the right at its sole discretion to disqualify the entry of any individual found to be (a) tampering or attempting to tamper with the entry process or the operation of the Game; (b) using any robotic, macro, automatic, programmed or like entry methods, which will void all such entries; (c) violating these Official Rules or terms of service of the Game platforms, or (d) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten, or harass any other person. Game Entities are not responsible for claims, injuries, losses or damages of any kind resulting, in whole or in part, directly or indirectly, from the awarding, delivery, acceptance, use, misuse, possession, loss or misdirection of the prize; participation in this Game or in any activity or travel related thereto or from any interaction with computer or mobile Game information. Game Entities make no warranties, and hereby disclaim any and all warranties, express or implied, concerning any prize furnished in connection with this Game.
Void where prohibited.
- DISCLAIMERS: Sponsor and Game Entities are not liable for losses or injuries of any kind resulting from acceptance/possession and/or use/misuse of prize(s), participation in Game, or any technical malfunctions of the telephone network, computer Internet system, computer dating mechanism, computer equipment, software, or any combination thereof, or any entries that are late (including delayed data transmissions), tampered with, garbled, incomplete, misdirected, lost, illegible, or otherwise not in compliance with these Official Rules. Sponsor is not responsible or liable for any injury or damage to an entrant’s or third person’s computer and/or other electronic devices and/or their contents, related to or resulting from Game.
- COPY OF OFFICIAL RULES: For a copy of the Official Rules, send a self-addressed, stamped envelope to: PFSbrands, attn. OFFICIAL RULES PFSBRANDS SWEEPSTAKES, 170 Commerce Drive, Holts Summit, MO 65043.
- NO INTERRUPION: Entrants agree not to knowingly damage or cause interruption of the Game and/or prevent others from participating in the Game. CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE OR WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE GAME VIOLATES CRIMINAL AND/OR CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, SPONSOR MAY DISQUALIFY ANY ENTRANT MAKING SUCH ATTEMPT AND SEEK DAMAGES TO THE FULLEST EXTENT OF THE LAW.
- PARTICIPANT OBLIGATIONS: By entering, each entrant agrees that THE GAME ENTITIES AND ANY OF THEIR RESPECTIVE PARENTS, AFFILIATES, SUBSIDIARIES, FRANCHISES, ADVERTISING AND PROMOTION AGENCIES, RETAILERS, DISTRIBUTORS AND SUPPLIERS, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS AND EMPLOYEES (COLLECTIVELY, THE “RELEASED PARTIES”) SHALL HAVE NO LIABILITY AND SHALL BE HELD HARMLESS FOR ANY DAMAGE, LOSS OR INJURY TO AN ENTRANT OR ANY THIRD PARTY RESULTING FROM PARTICIPATION IN THIS GAME OR THE USE OR MISUSE OF ANY GRAND PRIZE OR PRIZE. By participating in the Game each entrant (including Winners) agrees to be bound by these Official Rules and the decisions of Sponsor, and agrees to defend, indemnify, release and hold harmless Game Entities from and against any and all losses, demands, damages, rights, claims, injuries, actions and liabilities of any kind arising out of, related to or in connection with: (i) the Game; (ii) receipt or redemption of the Grand Prize or Prize; or (iii) entrant’s participation in any prize-related activities (including, without limitation, any property loss, damage, personal injury or death caused to any person(s)). Each Winner assumes all liability for any injury, death, or damage caused, or allegedly caused, by participating in this Game or use or redemption of the Prize.
- FORCE MAJEURE: Released Parties shall not be liable to a Winner or any other person for failure to supply a prize or any part thereof, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, network or computer problems, internet problems, hacking, computer viruses, unauthorized computer access, tampering, or any other cause beyond Sponsor’s sole control. Released Parties shall not be liable for any loss or damage.
- BINDING ARBITRATION OF DISPUTES: Please read this Section (“Arbitration Agreement”) carefully. It is part of your contract with PFSbrands and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER, except where prohibited by law. Pursuant to these Official Rules, if you have any dispute or disagreement with the Sponsor regarding or relating to the Game, the Grand Prize, Prize, or other aspect of your interaction with the Sponsor or the website or service where this Game appears, including any data or information you may provide to the Sponsor or that the Sponsor may gather in connection with such use, interaction or transaction with PFSbrands® (collectively, “PFSbrands® Transactions or Relationships”), you will not have the right to pursue a claim in court, or have a jury decide the claim and you will not have the right to bring or participate in any class action or similar proceeding in court or in arbitration. By entering the Game or engaging in any other PFSbrands® Transactions or Relationships, you agree to binding arbitration as provided below.
(b) Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to PFSbrands should be sent to: PFSbrands, attn: Legal, 170 Commerce Drive, Holts Summit, MO 65043. After the Notice is received, You and PFSbrands may attempt to resolve the claim or dispute informally. If You and PFSbrands do not resolve the claim or dispute within 30 days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
(c) Arbitration Rules. Arbitration shall be initiated through an Arbitration Dispute Resolution Provider (“ADR”) of PFSbrands selection that offers arbitration as set forth in this section. The rules of the ADR Provider shall govern all aspects of this arbitration, including but not limited to the arbitrability of the dispute and the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms and/or these Official Rules. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than ten thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is ten thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within one hundred (100) miles of Your residence, unless You reside outside of the United States, and unless the parties agree otherwise. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
(d) Additional Rules for Non-Appearance Based Arbitration. If non-appearance arbitration is elected, the arbitration shall be conducted by telephone, online, and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties.
(e) Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of You and PFSbrands, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, these Official Rules and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon You and PFSbrands.
Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient, and less costly than court proceedings and are subject to very limited review by a court. In the event any litigation should arise between You and PFSbrands in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND PFSBRANDS WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
(g) Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
(h) Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed, and the remainder of the Arbitration Agreement shall continue in full force and effect.
(i) Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.
(j) Survival of Agreement. This Arbitration Agreement will survive the termination of Your relationship with PFSbrands.
(k) Small Claims Court. Notwithstanding the foregoing, either You or PFSbrands may bring an individual action in small claims court.
(l) Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
(m) Courts. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located in Missouri, for such purpose.
- SPONSOR: PFSbrands, 170 Commerce Drive, Holts Summit, MO 65043.