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RuffleButts Sweepstakes Official Rules

NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.

 

    1. Eligibility

The 2023 RuffleButts Swim Party Giveaway-a-Day (the "Sweepstakes") is open to legal residents of the fifty (50) United States and the District of Columbia (except residents of Rhode Island) who are at least eighteen (18) years old at the time of entry. Employees of RuffleButts, LLC and other companies associated with the promotion of the Sweepstakes, and their respective parents, subsidiaries, affiliates and advertising and promotion agencies as well as the immediate family (spouse, parents, siblings, and children) and household members of each such employee are not eligible. The Sweepstakes is subject to federal, state, and local laws and regulations. Void where prohibited or restricted by law or regulations. Winner is responsible for all associated costs to redeem the prize.

 

    1. Sponsor

The Sweepstakes is sponsored by RuffleButts, LLC in Flower Mound, Texas 75077 (the “Sponsor”), whose decisions are final and binding as to all aspects of this Sweepstakes. Sponsor may promote and advertise this Sweepstakes using services provided by Instagram, Inc. (“Instagram”), Facebook, Inc. (“Facebook”), or TikTok, Inc. (“TikTok”); however, this Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Instagram, Facebook, or TikTok. Any inquiries regarding this Sweepstakes are to be directed to Sponsor.

 

    1. Binding Agreement

Participation in the Sweepstakes constitutes entrant's full and unconditional agreement to and acceptance of these Official Rules and the decisions of the Sponsor, which are final and binding. Winning a prize is contingent upon being compliant with these Official Rules and fulfilling all other requirements set forth herein.

 

    1. Sweepstakes Period

 The Sweepstakes begins on January 9, 2023 at 12:00AM CST and ends on January 15, 2023 at 11:59 PM CST (the "Entry Period"). Entries that are submitted before or after the Sweepstakes Period will be disqualified. Submissions will be accepted for the duration of the Sweepstakes using any of the following methods:

 

    1. How to Enter

There are three (3) methods of entry: (i) the Social Method of Entry, (ii) Website Method of Entry, and (iii) the Alternative Method of Entry (“AMOE”) outlined below (collectively, "Entry" or "Entries"). There is no limit on the number of Entries permitted per Entrant. Entrant may be disqualified in Sponsor's sole discretion. AMOE Entries have an equal chance of winning.

 

i. SOCIAL METHOD OF ENTRY: You must have a publicly viewable Instagram, Facebook, or Tiktok with direct messaging enabled to participate in the Sweepstakes. These services are free to join. If you do not have an account, you can sign up for one either at your mobile app store or respective website. When you join Instagram, Facebook, or Tiktok, you are indicating that you have read and agree to accept the respective Terms of Service and Privacy Policy for that service. For avoidance of doubt, this Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Instagram, Facebook, or Tiktok.

The official RuffleButts Instagram, Facebook, and TikTok accounts will upload image(s) and/or video(s) announcing the Sweepstakes during the Entry Period (each, a “Sweepstakes Post”).

To enter the Sweepstakes via the Social Method of Entry, Entrant must:

      1. FOLLOW RuffleButts on appropriate social channel where giveaway is posted (ie Instagram, Facebook or TikTok)
      2. LIKE the Sweepstakes Post;
      3. TAG at least one (1) friend in the comments section under the Sweepstakes Post ("Tagged Friend").

The Entry must be made during the Entry Period and be publicly viewable as of the close of the Entry Period. By making an Entry in connection with your Instagram, Facebook or TikTok account, you acknowledge and agree that the Sponsor has the right to use your Submission in any way they see fit. Entrant `must have a valid e-mail address. It is Entrant's responsibility to update Sponsor in the event that Entrant changes its e-mail address. Entries using macro, robotic, script or other forms of automatic entry will be disqualified. Entries become the property of the Sponsor and will not be returned. Proof of Submission does not constitute proof of receipt. False and/or deceptive Entries or acts, including misrepresentation of age, shall render such Entries ineligible. If there is a dispute as to the identity of an Entrant, the Prize will be awarded to the Authorized Account Holder (defined below) of the Instagram account to which the winning Submission was posted. If a dispute cannot be resolved to Sponsor's satisfaction, the affected Entry will be deemed ineligible and another Potential Winner (defined below) will be selected. By entering via the Social Method of Entry you agree to receive emails from Sponsor.

 

ii. WEBSITE METHOD OF ENTRY: To enter via the Website Method of Entry, visit https://www.rufflebutts.com/giveaway/ during the Entry Period and fill out the prompt. By entering in this method, you are agreeing to our website Terms and Conditions and Privacy Policy.


iii. ALTERNATIVE METHOD OF ENTRY: To avoid entering via the Social Method of Entry, Entrant may enter by the AMOE instead. To enter via this method, e-mail Sponsor at social@rufflebutts.com with the following entry information:

      1. Promotion Name: 2023 RuffleButts Swim Party Giveaway-a-Day;
      2. First and last name;
      3. Street address;
      4. Telephone number; and
      5. E-mail address.

 

AMOE Entries that do not clearly provide all of the above-listed information will be deemed ineligible (as determined in Sponsor’s sole discretion). Each AMOE must be e-mailed separately and will count as 1 entry. All AMOE Entries must be received by the end of the Entry Period. Sponsor is not responsible for late, lost, or damaged entries, or technical issues that otherwise might prevent Sponsor’s receipt of any AMOE Entries.

Important notice regarding online entry from your mobile device: Depending on your wireless service provider/plan, you may be subject to additional fees when accessing and using the mobile services from your device in connection with entering and participating in the Sweepstakes or communicating with Sponsor or its representatives. Entrants using this means of entry are solely responsible for all charges, fees and taxes associated with entry and participation in this Sweepstakes. Entrants should consult their wireless service provider regarding its pricing plans prior to participating via a mobile device.

 

    1. Prize Drawing

After the Entry Period, the Sponsor will select potential winners in a random drawing from among all eligible entries received. The odds of being selected depend on the number of entries received. The Sponsor will attempt to notify the potential winner via Instagram, Facebook or TikTok direct message (“DM”) or email within 48 hours of the conclusion of the Entry Period. If the potential winner does not respond within 48 hours after the date of the first attempt to contact him/her, the Sponsor may select an alternate potential winner in his/her place at random from the remaining non-winning, eligible entries.

The Prize will be awarded within approximately fourteen (14) days after a Potential Winner is verified by Sponsor and all "Winner Requirements” (detailed in section 7 below) have been met.

In the event of a dispute over the identity of the Potential Winner, Entries will be deemed made by the authorized account holder of the email account submitted at the time of Entry. The authorized account holder is defined as the natural person to whom the email address is assigned by an Internet service 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. Sponsor will disqualify anyone suspected of entering by opening two separate accounts with different email addresses. The Potential Winner may be required to provide Sponsor with proof that he or she is the authorized account holder of the email address associated with the winning Entry and that all eligibility requirements are met. If a dispute cannot be resolved to Sponsor's satisfaction, the affected Entry will be deemed ineligible. Entrant is responsible for notifying Sponsor in writing if his or her email or other contact information has changed.

 

    1. Winner Notification & Requirements

The potential winners will be notified by Instagram, Facebook or TikTok DM or email. The Potential Winner must comply with all terms and conditions of these Rules and winning is contingent upon fulfilling all requirements. The Potential Winner may have to provide Sponsor with a valid social security number for tax reporting purposes. The Potential Winner may be required to execute and return a federal W-9 tax form, as well as an Affidavit of Eligibility, Liability/Publicity Release (both of which include furnishing his/her Social Security Number to the Sponsor) (the "Prize Claim Documents") within five (5) days following the date of attempted notification. If a Potential Winner cannot be contacted, is ineligible, fails to claim the Prize, and/or fails to return any applicable Price Claim Documents within the applicable time period, Sponsor may elect to disqualify the Potential Winner, who will then forfeit his or her right to receive the Prize. In the event the Potential Winner is disqualified for any reason, Sponsor may (in its sole discretion) award the Prize to an alternate winner selected by a random drawing from among all remaining eligible Entries or not award the Prize. Arrangements for delivery of the Prize will be made after winner validation. Potential Winner must be at least 18 years of age and the age of majority in his/her state/province or jurisdiction of primary residence.

Acceptance of any Prize shall constitute and signify the Potential Winner's agreement and consent that Sponsor may use the Potential Winner's name, city, state, likeness, photo, Entry, Photo Submission, and/or prize information in connection with the Sweepstakes for promotional, advertising or other purposes, worldwide, in any and all media now known or hereafter devised, including the Internet, without limitation and without further payment, notification, permission or other consideration, except where prohibited by law. Without limiting the generality of these Rules, the Potential Winner shall irrevocably grant, transfer, convey and assign to Sponsor the entirety of the rights in and to the Entry and all renewals and extensions of copyright, and the right to secure copyright registrations thereto in perpetuity including, without limitation, the rights to use the Entry for any and all purposes in any and all media whether now known or hereafter developed, on a worldwide basis, in perpetuity. Potential Winner accepts and acknowledges that Sponsor shall not be obligated to use the Entry and that Sponsor in its sole discretion shall have the right to refrain from using the Entry. Sponsor shall not incur any liability whatsoever to the extent Sponsor chooses to refrain from any exploitation of its rights hereunder.

 

    1. Prize And the Approximate Retail Value (“ARV”)

Upon completion of the Winner Requirements, each Potential Winner will receive a prize valued up to $60 MSRP.

 

    1. General Conditions

In the event that the operation, security, or administration of the Sweepstakes is impaired in any way for any reason, including, but not limited to fraud, virus, bug, worm, unauthorized human intervention or other technical problem, or in the event the Sweepstakes is unable to run as planned for any other reason, as determined by Sponsor in its sole discretion, the Sponsor may, in its sole discretion, either (a) suspend the Sweepstakes to address the impairment and then resume the Sweepstakes in a manner that best conforms to the spirit of these Official Rules or (b) terminate the Sweepstakes and, in the event of termination, award the prize at random from among the eligible, non-suspect entries received up to the time of the impairment. The Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to damage the website or undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, the Sponsor reserves the right to seek damages (including attorney's fees) and any other remedies from any such person 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.

 

    1. Release and Limitations of Liability

By participating in the Sweepstakes, entrants agree to release and hold harmless the Sponsor, and each of their respective parents, subsidiaries, affiliates, advertising and promotion agencies, other companies associated with the Sweepstakes, and each of their respective officers, directors, employees, shareholders, representatives, and agents (the "Released Parties)" from and against any claim or cause of action arising out of participation in the Sweepstakes or receipt or use of the prize (including any travel or activity related thereto), including, but not limited to: (a) any technical errors associated with the Sweepstakes, including lost, interrupted or unavailable Internet Service Provider (ISP), network, server, wireless service provider, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone, cellular tower or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties; (b) unauthorized human intervention in the Sweepstakes; (c) mechanical, network, electronic, computer, human, printing or typographical errors; (d)any other errors or problems in connection with the Sweepstakes, including, without limitation, errors that may occur in the administration of the Sweepstakes, the announcement of the winner, the cancellation or postponement of the event and/or the flyover, if applicable, or in any Sweepstakes-related materials; or (e) injury, death, losses or damages of any kind, to persons or property which may be caused, directly or indirectly, in whole or in part, from entrants participation in the Sweepstakes or acceptance, receipt or misuse of the prize (including any travel or activity related thereto). 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 entrant be entitled to receive attorney's fees. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Sweepstakes. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.

 

    1. Additional Rules

Sponsor reserves the right to (i) permanently disqualify from any Sweepstakes it sponsors any person it believes has intentionally violated these Rules; and (ii) suspend, modify or terminate the Sweepstakes if Sponsor believes, in its sole discretion, that fraud, virus, tampering, malfunction, error, disruption, damage or any other cause beyond the control of Sponsor is impairing or will impair the administration, security, fairness, or integrity of the Sweepstakes. If, for any reason, the Sweepstakes is not capable of running as planned (including, without limitation, due to a Force Majeure event or any unanticipated occurrence that is not fully addressed in these Rules), Sponsor reserves the right to cancel, modify, or suspend the Sweepstakes or any element thereof. If, for any reason, more prize notifications are sent (or more claims are received) than the number of prizes offered, as set forth in these Rules, Sponsor reserves the right to award the intended number of prizes through a random drawing from among all eligible prize claims received. Sponsor may prohibit an Entrant from participating, winning, or accepting a prize (and void all associated Entries) if, in its sole discretion, it determines that said Entrant is attempting to undermine the legitimate operation of the Sweepstakes and associated prize by cheating, deception or other unfair practices or intending to annoy, abuse, threaten or harass any other participants or Sponsor’s representatives. Sponsor's failure to enforce any term of these Rules shall not constitute a waiver of that provision. Entrants must have a valid e-mail address, and it is Entrant's responsibility to update Sponsor of any change in e-mail address. Any violation of these Rules or any behavior of the Potential Winner that may bring the Potential Winner or Sponsor into disrepute (in Sponsor's sole discretion) or false and/or deceptive Entries or acts, including misrepresentation of age, may result in Potential Winner’s disqualification from the Sweepstakes and all privileges as a winner will be immediately terminated.

 

    1. Disputes

Except where prohibited, each entrant agrees that any and all disputes, claims and causes of action arising out of, or connected with, the Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in Texas. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrants rights and obligations, or the rights and obligations of the Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of Texas, without giving effect to any choice of law or conflict of law rules, which would cause the application of the laws of any jurisdiction other than Texas.

 

    1. Indemnity

Each Entrant (including Potential Winner) shall indemnify, defend and hold harmless the Released Parties from and against any and all claims, damages, actions, liability, loss, injury or expense, including reasonable attorneys’ fees and costs, arising out of or in connection with: (a) Entrant’s participation in the Sweepstakes; (b) a breach or allegation which if true would constitute a breach of any of the representations, warranties or obligations herein; and (c) acceptance, possession, grant, or use of any Prize, including without limitation, personal injury, death and property damage arising therefrom.

 

    1. Privacy

Information collected from entrants is subject to Sponsor's privacy policy.

 

    1. Winner List

To request the name of the winner(s), send a self-addressed, stamped envelope to:

Attn: RuffleButts Marketing Department

281 International Parkway

Flower Mound TX, 75077

 

or email to social@rufflebutts.com. Winner List requests will only be accepted after the promotion end date (listed above). Requests must be received within thirty (30) days following the close of the Entry Period.

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