Amerigas – Ultimate Backyard Giveaway 2020 – Win charges)
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. ODDS OF WINNING DEPEND ON NUMBER OF ELIGIBLE ENTRIES. MINIMUM OF 100 TOTAL ELIGIBLE ENTRIES REQUIRED. VOID WHERE PROHIBITED.
OPEN TO ALL LEGAL RESIDENTS OF THE CONTINENTAL UNITED STATES WHO RESIDE IN AREAS WHERE AMERIGAS® OR ITS AFFILIATES PROVIDE HOME DELIVERY OF PROPANE, EXCEPT FOR RESIDENTS IN RHODE ISLAND. MUST BE 18 YEARS OF AGE OR OLDER AS OF DATE OF ENTRY AND USE PROPANE TO HEAT THEIR HOMES OR POWER HOME APPLIANCES.
CONSUMER DISCLOSURES: You have not yet won. No purchase is necessary to enter or win this Sweepstakes. Sweepstakes ends August 30, 2020. Prizes: One (1) prize winner will receive a new Propane Mosquito. Two (2) prize winners will receive a new Three-burner Grill. Two (2) prize winners will receive a new Propane Patio Heater (Approximate Retail Value is $214 excluding taxes and delivery charges). Two (2) prize winners will receive a new Propane Firepit. One (1) prize winner will receive a new Propane Gas Grill Griddle. One (1) grand prize winner will receive a combination of three (3) prize items of their choice. Prizes subject to the restrictions and terms stated below. Odds of winning depend on the total number of entries received. Sponsor: AmeriGas Propane, L.P. (“AmeriGas”), Box 965, Valley Forge, PA, 19482.
1. OVERVIEW: The “AmeriGas® Ultimate Backyard Giveaway 2020” (“Promotion”) consists of six (6) grand prize sweepstakes. The Promotion starts on June 29, 2020 at 12:00:00 AM Eastern Standard Time (“EST”) and ends on August 30, 2020 at 11:59:59 PM EST (“Promotion Period”). All eligible entries must be received no later than 11:59 PM EST on the prior to each drawing date.
2. HOW TO ENTER: There are seven ways to enter the Promotion:
(1) An individual participates in a designated consumer survey,
(2) A customer enrolls in Convenience Pay
(3) A customer takes a propane delivery
(4) A non-customer signs up for AmeriGas service and takes first delivery
(5) A customer makes a referral at www.trustamerigas.com
(6) A customer enrolls in a MyAmeriGas online account
(7) An individual fills out the form a www.amerigas.com/ultimate-backyard-giveaway
3. ELIGIBILITY: The Promotion is open only to all legal residents of the continental United States who reside in areas where AmeriGas provides service that use propane to heat their home or power their home appliances, except for residents in Rhode Island. Officers, directors, employees and independent contractors (and the household members and immediate family members, e.g. children, spouse, siblings, parents, grandparents and the “steps” of each of the aforementioned) of Sponsor, their parent companies, subsidiaries, affiliates, and their advertising, promotion and web design agencies, and other individuals/entities associated with this Promotion (collectively, “Sponsor & Others”) are not eligible to enter or win. The Promotion is void in Alaska, Hawaii, Puerto Rico, Rhode Island and wherever else prohibited.
4. RANDOM DRAWINGS: On a weekly basis, the Sponsor will randomly select the name of the potential Winner from all the eligible entries received through that date (“Drawing”). Drawings will occur on
• Week 1: Entry by July 5, 2020 at 11:59:59 PM EST; Drawing on July 6, 2020 by 5:00:00 PM EST
• Week 2: Entry by July 12, 2020 at 11:59:59 PM EST; Drawing on July 13, 2020 by 5:00:00 PM EST
• Week 3: Entry by July 19, 2020 at 11:59:59 PM EST; Drawing on July 20, 2020 by 5:00:00 PM EST
• Week 4: Entry by July 26, 2020 at 11:59:59 PM EST; Drawing on July 27, 2020 by 5:00:00 PM EST
• Week 5: Entry by August 2, 2020 at 11:59:59 PM EST; Drawing on August 3, 2020 by 5:00:00 PM EST
• Week 6: Entry by August 9, 2020 at 11:59:59 PM EST; Drawing on August 10, 2020 by 5:00:00 PM EST
• Week 7: Entry by August 16, 2020 at 11:59:59 PM EST; Drawing on August 17, 2020 by 5:00:00 PM EST
• Week 8: Entry by August 23, 2020 at 11:59:59 PM EST; Drawing on August 24, 2020 by 5:00:00 PM EST
• Week 9: Entry by August 30, 2020 at 11:59:59 PM EST; Drawing on August 31, 2020 by 5:00:00 PM EST
The potential Winner will be notified by mail and email sent within twenty-four (24) hours of the Drawing. If no response is received from the potential Winner within seven (7) calendar days of the sending of the notification or if the correspondence and email notifying the potential Winner is returned as undeliverable, Sponsor will select a new potential Winner and the new potential Winner will be contacted in accordance with this Section 4. In the event of a dispute as to the identity of a winner based on an email address, the winning entry will be declared made by the authorized account holder of the email address submitted at time of entry. “Authorized account holder” is defined as the natural person who is assigned to an email address by an Internet access provider, on-line 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.
5. ODDS OF WINNING: Odds of winning the Promotion depend on the total number of eligible entries received.
6. PRIZES: The weekly Winner will receive
• Week 1: a new Three-burner Propane Grill (Approximate Retail Value is $479 excluding taxes and delivery charges)
• Week 2: a new Mosquito Trap (Approximate Retail Value is $333 excluding taxes and delivery charges)
• Week 3: a new Patio Heater (Approximate Retail Value is $214 excluding taxes and delivery charges)
• Week 4: a new Propane Firepit (Approximate Retail Value is $309 excluding taxes and delivery charges).
• Week 5: Gas Grill Griddle (Approximate Retail Value is $200 excluding taxes and delivery charges)
• Week 6: a new Patio Heater (Approximate Retail Value is $214 excluding taxes and delivery charges)
• Week 7: a new Propane Firepit (Approximate Retail Value is $309 excluding taxes and delivery charges).
• Week 8: a new Three-burner Propane Grill (Approximate Retail Value is $479 excluding taxes and delivery charges)
• Week 9: Grand Prize – choice of three (3) of the prizes from weeks 1 to 5 (Approximate Retail Value is $750 excluding taxes and delivery charges)
Prize will only be delivered to Winner at one location. Sponsor has no responsibility for a Winner’s inability or failure to accept or utilize the Prize as described herein. Federal, state and local taxes are solely the responsibly of Winner.
7. ACCEPTING THE PRIZE: Winner will be required to sign and return an Affidavit of Eligibility/Compliance (and may be required to provide his/her Social Security Number for tax purposes) and a Liability/Publicity Release. Sponsor reserves the right, in its sole discretion, to disqualify and randomly select an alternate potential Winner from among eligible entries, received during the Promotion Period in the event that: (a) the potential Winner is unreachable as described in Section 4; (b) the potential Winner fails to execute and return the required Affidavit of Eligibility/Compliance (including, without limitation, providing his/her respective Social Security Number for tax purposes) and a Liability/Publicity Release by the return date identified in those documents, regardless of the cause of such failure; (c) the potential Winner declines acceptance of the Prize; (d) if in Sponsor’s determination, the potential Winner has not complied with these Official Rules; or (e) Sponsor, in its sole discretion, determines that propane fuel cannot be delivered safely to Winner.
8. RELEASE/INTERNET AND COMMUNICATION ERRORS/LIMITATIONS OF LIABILITY: BY ENTERING OR PARTICIPATING IN THIS PROMOTION, THE ENTRANT AGREES TO ACCEPT THE PRIZE AS IS, READ AND REVIEW ALL INSTRUCTIONS AND SAFETY WARNINGS PROVIDED BY THE MANUFACTURER OF THE PRIZE AND ASSUMES THE RISK OF INJURY AND DAMAGE THAT MAY RESULT FROM USING THE PRIZE. PARTICIPANT FURTHER RELEASES AND AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS SPONSOR & OTHERS, ON AN INDIVIDUAL AND COLLECTIVE BASIS, FROM AND AGAINST ANY AND ALL COSTS, CLAIMS, DAMAGES OR ANY OTHER INJURY, WHETHER DUE TO NEGLIGENCE OR OTHERWISE, TO PERSON(S) OR PROPERTY (INCLUDING, WITHOUT LIMITATION, DEATH OR VIOLATION OF ANY PERSONAL RIGHTS, SUCH AS VIOLATION OF RIGHT OF PUBLICITY/PRIVACY, LIBEL, OR SLANDER), DUE IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, TO PARTICIPATION IN THE PROMOTION, OR ARISING OUT OF PARTICIPATION IN ANY PROMOTION OR THE RECEIPT, USE OR MISUSE OF THE PRIZE OR ANY GOODS OR SERVICES DELIVERED AS PART OF THE PRIZE. Sponsor & Others are not responsible for interrupted or unavailable network server or other connections; for miscommunications; failed telephone or computer transmissions; for jumbled, scrambled or misdirected entries or transmissions; for phone, electrical, network, computer hardware or software or program malfunctions, failures or difficulties; for other errors, omissions, interruptions, or deletions of any kind, whether due to electronic, human, mechanical, printing, production or technical errors or other causes; or for any damage to any person’s computer related to participating in the Promotion. Additionally, Sponsor & Others are not responsible for illegible, unintelligible, late, lost or stolen entries; for incorrect or inaccurate entry information, whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Promotion; or for any technical or human errors which may occur in the processing of any entries in the Promotion. Any person attempting to enter using multiple addresses, multiple identities or any other device or artifice to enter multiple times or to interfere with the proper play of the Promotion will be disqualified from participation in the Promotion. Any use of robotic, automatic, macro, programmed, third party or like methods to participate in the Promotion will void any attempted participation effected by such methods and the disqualification of the individual utilizing the same. Sponsor reserves the right to disqualify any individual found, in its sole opinion, to be tampering with the operation of the Promotion; to be acting in violation of these Official Rules; or to be acting with the intent to disrupt the normal operation of the Promotion. ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR MAY SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. If in the judgment of Sponsor, the Promotion is compromised by viruses, bugs, non-authorized human intervention or other causes which corrupt, or may corrupt, the administration, security, fairness or intended proper play of the Promotion, the Sponsor has the right, in their sole discretion, to modify, discontinue, suspend or terminate the Promotion and proceed to select potential winners in a manner it deems fair and reasonable including, without limitation, the selection of potential winners in a random drawing from among entries received prior to any such modification, discontinuation, suspension or termination. SPONSOR & OTHERS MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT AS REGARDS THE PRIZE OR ANY OF THE GOODS SUPPLIED PURSUANT THERETO. As some jurisdiction may not allow limitations or exclusion of liability for incidental or consequential damages or exclusion of liability for incidental or consequential damages or exclusion of warranties, check your local laws to learn if any of the above limitations or exclusion may apply to you.
9. PUBLICITY RIGHTS: By accepting a Prize, Winner agrees to allow Sponsor and/or Sponsor’s designee the perpetual right to use his/her name, biographical information, photos and/or likeness, and statements for promotion, trade, commercial, advertising and publicity purposes, at any time or times, in all media now known or hereafter discovered, worldwide, including but not limited to on the World Wide Web and Internet, without notice, review or approval and without additional compensation except where prohibited by law.
11. GENERAL: By entering this Promotion, participants agree to abide by these Official Rules and the decisions of Sponsor which are final and binding in all matters pertaining to this Promotion. In no event will more Prizes be awarded than are stated in these Official Rules. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of any participant and/or Sponsor shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without giving effect or regard to any principles or doctrines of conflicts of law of the Commonwealth of Pennsylvania or any other jurisdiction. Any action arising out of or relating to these Official Rules or the rights and obligations of any participant and/or Sponsor shall be filed exclusively in the United State District Court for the Eastern District of Pennsylvania, or if that District Court shall not have jurisdiction over the subject matter thereof, then to the Court of Common Pleas situated in Montgomery County, Pennsylvania. Participants hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action, and any RIGHT TO A TRIAL BY JURY IS HEREBY WAIVED. Any and all disputes, claims, and causes of action arising out of or connected with these Official Rules, and/or the rights and obligations of any participant and/or Sponsor shall be resolved individually, without resort to any form of class action. Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred and in no event will participants be entitled to receive attorneys’ fees or other legal costs. Under no circumstances will participants be permitted to obtain injunctive or other equitable relief and a participant’s sole remedy will be an action at law for damages to the extent allowed by this Section 11. Under no circumstances will participants be permitted, and participants hereby waive all rights, to: (a) claim punitive, exemplary, special, incidental, indirect and consequential damages and any other damages (whether due to negligence or otherwise), other than for actual out-of-pocket costs as described above; and (b) have damages multiplied or otherwise increased. If any provision or provisions of these Official Rules shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. All federal, state, and local laws apply.
12. WINNERS LIST: To obtain the name of Winners, send a properly stamped self-addressed envelope, by September 30, 2020 to: AmeriGas Propane, L.P. (“AmeriGas”), c/o Marketing Department – Sweepstakes Winner, Box 965, Valley Forge, PA, 19482.
13. SPONSOR: AmeriGas Propane, L.P.(“AmeriGas”), Box 965, Valley Forge, PA, 19482.
These Official Rules may not be reprinted or re-published elsewhere without the express written permission of Sponsor.
2020 © AmeriGas Propane, L.P