Ackerman Mcqueen Adventure Road – Water Giveaway – Win package will include One boat OR party barge valued up to $25000.
THE WATER GIVEAWAY
NO PURCHASE NECESSARY TO ENTER OR WIN. MAKING A PURCHASE WILL NOT
IMPROVE YOUR CHANCES OF WINNING.
ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS
WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.
GIVEAWAY ENTRY PERIOD: The Water Giveaway (the “Giveaway”) begins at 12:00:01 PM
Central Time (“CT”) on Wednesday, June 5, 2019 and ends at 11:59:59 AM CT on Wednesday, July
3, 2019 (the “Giveaway Period”).
ELIGIBILITY: The Giveaway is open to legal residents of the 48 contiguous United States
(excluding NY & FL), including the District of Columbia, who are age 21 or older at the time of
entry. Void in Alaska, Florida, Hawaii, New York, Puerto Rico, Guam, the U.S. Virgin Islands,
outside the U.S., and wherever else prohibited by law. Employees of Ackerman McQueen (the
“Sponsor”), US Sweepstakes & Fulfillment Company (the “Sweepstakes Administrator”), and their
respective subsidiaries, affiliates, advertising and promotion agencies, and the immediate family
members (spouses, parents, children, and siblings and their spouses) of, and/or those living in the
same household of each, are not eligible to enter. Giveaway is subject to all applicable federal,
state and local laws and regulations.
HOW TO ENTER: There is one (1) way to enter.
Method #1: Online Entry. During the Giveaway Period, visit
www.adventureroad.com/giveaways/water-giveaway-2019 and follow all entry instructions to
complete the entry form and submit to receive one (1) entry into the Giveaway (the “Online Entry”).
Online Entries must be received between Wednesday, June 5, 2019 at 12:00:01 PM CT and
Wednesday, July 3, 2019 at 11:59:59 AM CT. Online entrants are subject to all notices posted
Limit: One (1) Online Entry per person during the Giveaway Period regardless of whether
entrant has more than one email address. All entries become the property of the Sponsor and
will not be acknowledged or returned.
PRIZE/APPROXIMATE RETAIL VALUE (“ARV”)/ODDS:
Grand Prize: There is one (1) Grand Prize available to be won. Prize package will include:
§ One (1) boat OR party barge valued up to $25,000. Any unused portion of
prize will not be awarded and winner may only select one (1) boat OR party
barge and one (1) trailer. Winner will have the option to select a $15,000 cash
alternative in place of boat/party barge + trailer. Sponsor reserves the right, in
its sole discretion, to require the winner to select the boat/party barge and
trailer from available dealer stock. Winner shall bear all risk of loss or damage
to the boat/party barge and trailer after it has been delivered to the specified
delivery site. Winner will be responsible for any and all costs associated with
the collection and use of the boat/party barge and trailer, including but not
limited to, title, license, insurance, registration fees, and applicable taxes. All
other costs not specifically stated herein are the responsibility of the winner.
Winner must make selection within 30 days of winner verification. Winner must
have proof of a valid U.S. driver’s license from his or her State or place of
residence in the United States and proof of insurance to take delivery of
boat/party barge and trailer; noncompliance may result in forfeiture of prize.
§ One (1) $500 gift certificate for Lake Murray Marina Store merchandise
purchases or may be applied towards pontoon boat rentals.
§ One (1) $250 gift certificate to Lake Murray Water Sports & Mini Golf.
Reservations are recommended. Rentals may require credit card information
for security deposit.
§ Four Pauls Valley Water Park season passes for the 2020 season. Expires
October 1, 2020.
§ One (1) gift certificate for a two-night weekend (Friday & Saturday) stay in a
villa that will accommodate up to eight (8) people at Lake Murray Floating
Cabins. Winner will be required to sign a lease agreement.
§ One (1) $80 gift card good for Oklahoma River Cruise tickets
Gift certificates may not be redeemed for alcohol.
The ARV of Grand Prize: $27,460.00.
The total ARV of all prizes available to be won: $27,460.00.
Odds of winning will depend upon the total number of eligible entries received.
RANDOM DRAWING: The winner will be selected in a random drawing on or about Monday, July
8, 2019 from among all eligible entries received during the Giveaway Period by the Sweepstakes
Administrator, an independent representative of the Sponsor whose decisions are final.
WINNER NOTIFICATION & VERIFICATION: Potential Grand Prize winner will be notified via email
and/or phone, and will be required to sign and return, within seven (7) days of notification, an
Affidavit of Eligibility, a Liability Waiver, an IRS W-9 Form and where allowable, a Publicity Release
(collectively, “the Releases”). These Releases will require the Grand Prize winner to furnish his/her
Social Security Number for the sole purpose of tax reporting, as required by law. Noncompliance
will result in disqualification and an alternate winner may be selected. The prize package will be
awarded within approximately 45 days after the winner is verified.
If a prize notification or prize is returned as undeliverable, or if winner is found to be ineligible or not
in compliance with these rules that winner will be disqualified, and the prize may be awarded to an
alternate winner in a separate random drawing. Only four (4) alternate winners may be determined
through this process, after which the prize may remain un-awarded.
PRIZE CONDITIONS: Prize is not redeemable for cash. Prize is not assignable nor transferable.
No substitution is permitted except if prize is unavailable, in which case a prize of equal or greater
value will be awarded. No cash in lieu of prizes and no exchange or substitution of prizes, except at
the sole discretion of the Sponsor. Any other incidental expenses on prize not specified herein are
the winner’s sole responsibility.
Gift certificates are not redeemable for cash and will not be replaced if lost or stolen. Gift certificate
usage is subject to the issuing company’s complete terms and conditions, including expiration
Winner is responsible for all federal, state, local and income taxes associated with winning prize.
Grand Prize winner will be required to furnish his/her Social Security Number for the sole purpose
of preparation of tax forms as required by law. Except where prohibited by law, entry and
acceptance of prize constitute permission to use winner’s name, prize won, hometown, likeness,
video tape, photographs, and statements for purposes of advertising, promotion and publicity
(including online posting) in any and all media now or hereafter known throughout the world in
perpetuity, without additional compensation, notification or permission.
GENERAL: Although subsequent attempts to enter during the Giveaway Period may be received,
only the first complete entry received from a particular entrant will be eligible; subsequent attempts
by the same person to enter, including entries submitted with an alternate email address, will be
Participating entrants agree to these Official Rules and the decisions of the Sponsor and the
Sweepstakes Administrator, and release the Sponsor, the Sweepstakes Administrator, and their
affiliated companies, and all other businesses involved in this Giveaway, as well as the employees,
officers, directors and agents of each (the “Released Parties”), from all claims and liability relating
to their participation in the promotion, and the acceptance and use/misuse of the prize offered.
Winner assumes all liability for any injury or damage caused or claimed to be caused, by
participation in this Giveaway or use/misuse or redemption of the prize. Sponsor is not responsible
for any typographical or other error in the printing of the offer, administration of the Giveaway or in
the announcement of the prize.
In the event of a dispute over the identity of an entrant, entry will be deemed submitted by the
“Authorized Account Holder” of the e-mail address submitted at time of entry. Authorized Account
Holder means the natural person who is assigned to an e-mail address by an Internet access
provider, online service provider, or other organization that is responsible for assigning e-mail
addresses for the domain associated with the submitted e-mail address. Sponsor may ask any
entrant or potential winner to provide Sponsor with proof, to Sponsor’s satisfaction, that such party
is the authorized account holder of the email address associated with the entry. Entry
materials/data that have been tampered with or altered, or mass entries or entries generated by a
script, macro or use of automated devices are void. The Released Parties are not responsible for:
(i) lost, late, misdirected, damaged or illegible entries; or (ii) error, omission, interruption, deletion,
defect, delay in operations or transmission, theft or destruction or unauthorized access to or
alterations of entry materials, or for technical, network, telephone equipment, electronic, computer,
hardware or software malfunctions of any kind, or inaccurate transmission of or failure to receive
entry information by Sponsor on account of technical problems or traffic congestion on the Internet
or at any web site or any combination thereof; or (iii) any injury or damage to entrant’s or any other
person’s computer related to or resulting from participating in the Giveaway. By participating in the
Giveaway, you (i) agree to be bound by these official rules, including all eligibility requirements,
and (ii) agree to be bound by the decisions of Sponsor and the Sweepstakes Administrator, which
are final and binding in all matters relating to the Giveaway. Failure to comply with these official
rules may result in disqualification from the Giveaway. Sponsor reserves the right to: (i)
permanently disqualify from any Giveaway it sponsors any person it believes has intentionally
violated these official rules; and (ii) withdraw a method of entry if it becomes technically corrupted
(including if a computer virus or system malfunction inalterably impairs its ability to conduct the
Giveaway). If for any reason this Giveaway is not capable of running as planned due to an infection
by a computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any
other causes beyond the control of the Sponsor which corrupt or affect the administration, security,
fairness, integrity, or proper conduct of this Giveaway, the Sponsor reserves the right at its sole
discretion, to disqualify any individual who tampers with the entry process, and to cancel,
terminate, modify or suspend the Giveaway, at which time, Sponsor will conduct a random drawing
from among all eligible entries received at the time of the Giveaway termination.
LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO
DAMAGE, DESTROY, TAMPER OR VANDALIZE THIS WEB SITE OR INTERFERE WITH THE
OPERATION OF THE GIVEAWAY, IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND
SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL
REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY
GOVERNING LAW AND LIMITATION OF LIABILITY: All issues and questions concerning the
construction, validity, interpretation and enforceability of these Official Rules or the rights and
obligations of entrants, Sponsor or the Released Parties in connection with the Giveaway will be
governed by and construed in accordance with the internal laws of the State of Oklahoma, without
giving effect to any choice of law or conflict of law rules or provisions that would cause the
application of any other laws.
BY ENTERING THE GIVEAWAY, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY
APPLICABLE LAW: (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING
OUT OF OR CONNECTED WITH THE GIVEAWAY, OR ANY PRIZE AWARDED, WILL BE
RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ANY
AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY,
OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00),
BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (C) 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 OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO
EXCEED TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED
OR OTHERWISE INCREASED; AND (D) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM
FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO
SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE
LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
DISPUTES: The parties hereto each agree to finally settle all disputes only through arbitration;
provided, however, the Released Parties shall be entitled to seek injunctive or equitable relief in the
state and federal courts in Oklahoma County, Oklahoma and any other court with jurisdiction over
the parties. In arbitration, there is no judge or jury and review is limited. The arbitrator’s decision
and award are final and binding, with limited exceptions, and judgment on the award may be
entered in any court with jurisdiction. The parties agree that, except as set forth above, any claim,
suit, action or proceeding arising out of or relating to this Giveaway shall be resolved solely by
binding arbitration before a sole arbitrator under the streamlined Arbitration Rules Procedures of
JAMS Inc. (“JAMS”) or any successor to JAMS. In the event JAMS is unwilling or unable to set a
hearing date within fourteen (14) days of the filing of a “Demand for Arbitration”, then either party
can elect to have the arbitration administered by the American Arbitration Association (“AAA”) or
any other mutually agreeable arbitration administration service. If an in-person hearing is required,
then it will take place in Oklahoma County, Oklahoma. The federal or state law that applies to
these Official Rules will also apply during the arbitration. Disputes will be arbitrated only on an
individual basis and will not be consolidated with any other proceedings that involve any claims or
controversy of another party, including any class actions; provided, however, if for any reason any
court or arbitrator holds that this restriction is unconscionable or unenforceable, then the
agreement to arbitrate doesn’t apply and the dispute must be brought in a court of competent
jurisdiction in Oklahoma County, Oklahoma. Sponsor agrees to pay the administrative and
arbitrator’s fees in order to conduct the arbitration (but specifically excluding any travel or other
costs of entrant to attend the arbitration hearing). Either party may, notwithstanding this provision,
bring qualifying claims in small claims court.
PRIVACY: Personal information collected from entrants are subject to the Sponsor’s Privacy
Policy, which can be found at
OFFICIAL RULES REQUEST: To request a copy of the Official Rules, see
www.adventureroad.com/giveaways/water-giveaway-2019 or send a self-addressed, stamped
envelope by July 8, 2019, to: The Water Giveaway Official Rules Request, PO Box 25466,
Rochester, NY 14625-0466.
WINNER CONFIRMATION REQUEST: For a written confirmation of the winner (available after
July 8, 2019), send a stamped, self-addressed envelope (no later than August 5, 2019), to: The
Water Giveaway Winner Confirmation Request, PO Box 25466, Rochester, NY 14625-0466.
SPONSOR: Ackerman McQueen, 1601 Northwest Expressway, Suite 1100, Oklahoma City, OK
Void in AK, FL, HI, NY, outside the US, in Puerto Rico, Guam, the U.S. Virgin Islands and
wherever else prohibited by law.