Frontgate – $30000 End Of Summer Giveaway Sweepstakes

Frontgate “$30,000 End of Summer” Giveaway

OFFICIAL RULES

NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. TEXT CAPABLE MOBILE DEVICE OR EMAIL ADDRESS REQUIRED TO ENTER. Void where prohibited or restricted by law. These Official Rules may be found at http://attn.tv/frontgate/giveawayterms.html.

BY ENTERING, USING EITHER ENTRY METHOD, ENTRANT FULLY AND UNCONDITIONALLY AGREES TO AND ACCEPTS THESE OFFICIAL RULES, THE INFORMATION PROVIDED BY PROMOTION ENTITIES IN CONNECTION WITH THE PROMOTION, THE SPONSOR’S PRIVACY POLICY, SMS PROGRAM MESSAGING TERMS, AND THE DECISIONS OF THE SPONSOR WHICH ARE FINAL AND BINDING WITH RESPECT TO ALL MATTERS AND INTERPRETATIONS PERTAINING TO THIS PROMOTION. Entrants agree that personal data captured during the registration may be processed, stored, and otherwise used for the purposes and within the context of the Promotion and as permitted by and in accordance with the aforementioned Terms. By entering, you agree to be contacted by Sponsor (and its authorized representatives) with communications and reminders relating to the Promotion and you also understand your data may be used by Sponsor to verify an entrant’s identity and eligibility to receive a prize, and for prize fulfillment purposes.

ARBITRATION NOTICE: BY ENTERING THIS PROMOTION, PROVIDED PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY AND ALL DISPUTES BETWEEN YOU AND ANY PROMOTION ENTITY WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WILL WAIVE YOUR RIGHT TO PARTICIPATE IN A JURY TRIAL, CLASS ACTION LAWSUIT, OR CLASS-WIDE ARBITRATION. (SEE DISPUTES/ARBITRATION PROVISION, BELOW).

ELIGIBILITY: Frontgate “$30,000 End of Summer” Giveaway (“Promotion”) is offered only in the fifty (50) United States (including D.C.) and Territories (“U.S.”) to legal U.S. residents, 18 or older (eligible “entrants”). Employees, officers, directors of Frontgate Marketing, Inc. (“Sponsor”), its parent, subsidiary, affiliated companies, agents, contractors, advertising/promotion agencies, and individuals/entities engaged or involved in the development, production, or distribution of materials for, execution or implementation of the Promotion (all collectively the “Promotion Entities”), and the immediate family members (spouse (including domestic partners), siblings, children and parents including foster and step-relations) or those living in their same household (whether or not related) of the aforementioned parties are not eligible to enter or win a prize.

PROMOTION PERIOD: The Promotion starts on or about July 22, 2022 about 8:00 AM Eastern Time (“ET”) and ends on September 2, 2022 at 12:00 PM ET (“Promotion Period”). All time referenced herein is Eastern Time. Entrants are solely responsible for determining the correct time zone in their respective jurisdictions; Promotion Entities disclaim all liability or responsibility relating thereto. Sponsor’s server/computer is the official timekeeping device for the Promotion.

TO ENTER BY JOINING SMS PROGRAM & EXISTING PROGRAM MEMBERS: During the Promotion Period, eligible Entrants may enter by accessing the Promotion specific landing page and joining Sponsor’s SMS Program by providing their text-capable mobile device phone number to receive marketing and promotional texts from Sponsor (“Entry”). During the Promotion Period, existing SMS Program members who are eligible to enter may enter the Promotion by texting the key word to the number provided (“Entry”). By entering, you agree to be bound to these Official Rules. In addition, by signing up via text, you agree to receive recurring automated promotional and personalized marketing text messages from Frontgate at the cell number used when signing up. Consent is not a condition of any purchase. Reply HELP for help and STOP to cancel. Message frequency varies. Message and data rates may apply. By signing up via text, you agree to our SMS Messaging Program Terms and Privacy Policy (see links above).

TO ENTER WITHOUT TEXT: During the Promotion Period, to enter without providing your mobile phone number or joining Sponsor’s SMS Program, eligible Entrants may send an email with the subject line: Entry Request, to pr@frontgate.com, provide your full name, U.S. state or Territory in which you live, and age (“Entry”). By entering, you agree to be bound to these Official Rules.

Once submitted, an Entry cannot be modified, deleted or cancelled. Entries become the property of Sponsor and will not be returned. Limit one (1) entry per person, regardless of entry method used. Failure to follow all steps will void Entry. Entries must be complete, compliant, submitted via the methods communicated, and received by Sponsor within the Promotion Period. Promotion may be advertised via Social Media; however, entries will only be accepted via the specified methods herein. Sponsor has the right to verify entrants’ eligibility and compliance with these Official Rules and, on the basis of its investigation, to disqualify any Entry/entrant at any time and require immediate prize return if applicable. Entries may only be submitted by a single registered account user; group or commercial submissions are not permissible. Multiple entrants are not permitted to share the same device, social media account, IP or email address. Entrants may not (whether apparent or suspected) enter through a sweepstakes club or exchange sites (or similar method, whether paid or not), with multiple or false identities, accounts, or devices, or use multiple e-mail and/or street addresses, or use any other device or artifice to enter. Engaging directly or indirectly in any (apparent or suspected) artifice, cheating, fraud, spamming, phishing, on-line sweepstakes clubs (or similar methods), exchange sites (whether or not paid), robotic, automatic, macro, programmed or like participation methods as determined in Sponsor’s sole and absolute discretion, will void all such entries, and disqualify any entrant suspected of using/benefitting directly or indirectly from such methods. If an Entry, for any reason appears unpleasant, distasteful, nasty or otherwise inappropriate for the Sponsor community or are not in the spirit of this Promotion, Sponsor reserves the right to disqualify Entry/entrant and remove any such Entry.

Promotion Entities assume no responsibility for lost, late, incomplete, inaccurate, non-compliant, illegible, delayed, destroyed, damaged, not received, undelivered, or misdirected entries (in whole or in part). Entries will not be acknowledged or returned. If, upon review, Sponsor (or its authorized representative) is unable to determine that an entrant/Entry is compliant, or reasonably suspects that he/she/it is not compliant in whole or in part, the Entry as a whole (and entrant) may be disqualified. Proof that you uploaded an Entry does not constitute proof or evidence that it was received within the Promotion Period or eligible for this Promotion.

YOUR USE OF A MOBILE DEVICE: Normal internet access and device usage charges imposed by your mobile plan and/or on-line service may apply to Entry via mobile device. For those entrants entering with a mobile device: Promotion may not be available via all mobile carriers; messaging and data rates apply to text or internet access via mobile devices; other charges may apply; check your mobile plan for rates/details; and consent is not a condition of purchase.

RANDOM DRAWING/ODDS: Three (3) potential winners will be selected in a random drawing conducted by Sponsor (or its authorized representative) on or within approx. ten (10) business days after the end of the Promotion Period from among all eligible Entries received during the Promotion. Odds of winning depend on the number of eligible Entries received during the entire Promotion Period. Potential winners will be notified by email or text message (in Sponsor’s discretion) and will be asked to respond with their contact information within a time specified by Sponsor. If a potential winner cannot be reached, declines or refuses the prize for any reason, fails to follow the instructions on or within the time specified by Sponsor in any notification, is non-compliant, or is found to be ineligible, they will forfeit the prize and an alternate potential winner may be randomly selected in Sponsor’s sole discretion, as provided herein. Once notified, potential winner will not be notified again. Promotion Entities shall have no liability for any winner notification that is intercepted, not received, not delivered, misdirected into spam/junk folders, not timely acted upon, or otherwise not responded to by a potential winner for any reason whatsoever, and the prize will be forfeited. After one additional unsuccessful attempt to award the respective prize, that prize may remain unawarded; there will not be a second-chance drawing. Prize or prize notifications that are unawarded, unclaimed, undelivered, misdelivered (including into spam or junk folders), refused, or returned will not be re-awarded. Potential winners may be required to sign, have witnessed and return a Declaration of Eligibility, Liability and Publicity Release (where legal) within the time specified by Sponsor, or else prize will be forfeited.

PRIZE/APPROXIMATE RETAIL VALUE (“ARV”): Assuming sufficient eligible Entries are received, the following prize(s) is/are available to be awarded, subject to verification of eligibility and compliance with these Rules:

Prizes (3): One $10,000 Frontgate® gift card. ARV: $10,000 each. Total ARV of all prizes: $30,000.

Limit one (1) prize, per person/household. Use of prize to purchase merchandise may be subject to, among other things, shortages or transportation delays imposed by potential COVID-19 restrictions, or any other unforeseen or force majeure situations beyond Sponsor’s reasonable control that may necessitate delays. Prize winners must each provide U.S. mailing address within time specified by Sponsor, or prize may be forfeited. Any difference between ARV and actual value of a prize will not be awarded. Any and all applicable local, state, and federal taxes, fulfillment of reporting requirements, and all expenses not specifically stated herein are solely the responsibility of a winner, if applicable. Winner(s) is/are advised to seek independent counsel regarding tax implications of their prize winning, if applicable. If applicable, all makes, models, features, colours, equipment and any other details and other restrictions of prizes not specified in these Official Rules will be determined by Sponsor in its absolute discretion. Prize will only be awarded to a verified and confirmed winner. Prize must be accepted in its entirety or will be forfeited. Only the description, denomination and number of prizes stated in these Official Rules is available to be won in the Promotion; in no event will Promotion Entities be responsible to award more than the stated number, or different denomination of prizes herein. Prize(s) awarded only assuming sufficient eligible Entries are received. If because of technical, typographical, mechanical or other errors or for any other reason, there are more claims for a prize than prizes offered as stated in these Official Rules, a random drawing will be held among all eligible non-suspect claimants in such category to award such prize. Gift certificate, gift card, coupon or similar item received as a prize is for promotional purposes only; redeemable only through Frontgate; will may not be replaced if lost, misplaced, damaged, destroyed or stolen; and is subject to the terms and conditions of issuer. Prize cannot be assigned, transferred, redeemed for cash, or substituted, except by Sponsor who may, at its sole discretion, substitute a prize, or any item therein with a prize or substitute item of equal or greater value. Prize, and any element thereof, including any products received as a prize, may not be sold, resold, auctioned, bartered, or placed into any other unauthorized channels of distribution. Any prize pictured in advertising, any website or Promotion materials is for illustrative purposes only and may not be the actual prize awarded. With the exception of all valid manufacturer’s warranties with respect to a prize, prize is provided “AS IS” without warranty of any kind, either express or implied, including but not limited to, the implied warranties or conditions of merchantability, fitness for a particular purpose, and non-infringement. References to any non-Promotion Entity third party logos or trademarks in connection with this Promotion and/or prizes are registered trademarks or trademarks of their respective owner/manufacturer, which are not sponsors of, nor otherwise affiliated with this Promotion.

LIMITATIONS OF LIABILITY/RELEASE: To the maximum extent permitted by applicable law, entrants and winner(s) agree to the fullest extent permitted by applicable law to release, indemnify, defend and hold harmless (“release”) Sponsor, other Promotion Entities, their parents, affiliates, subsidiaries and divisions, and their respective entities, and each of their officers, employees, members, managers, shareholders, successors, assigns, contractors, agents, and representatives, and any Social Media Platform used to facilitate advertising of the Promotion (the “Released Parties”) from and against any and all threatened or actual claims, debts, demands, actions, causes of action, suits, proceedings, judgments, settlements (whether or not litagation is commenced), obligations, damages (including without limitation wrongful death, bodily or personal injury and disability), losses, accounts, reckonings, executions, liabilities, costs and expenses (including reasonable attorney’s fees), property damages and any other losses, penalties or fines whatsoever of any kind or nature, whether at law or in equity, known or unknown, asserted or un-asserted, that entrant or winner(s) ever had, now have, or that may arise in the future (“Disputes”) asserted in, arising out of or based upon participation in the Promotion, the entry or use of the entry (in whole or in part), participation in any Promotion and/or prize-related activity or inability to participate therein (or parts thereof), the delivery, acceptance, use, mis-use of a prize or any failure with respect thereto, including but not limited to personal injuries, death, damage to or destruction of property, invasion of the rights of publicity or privacy, defamation or portrayal in a false light (whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty or other theory, any act, default, omission, non-compliance, and/or a violation or breach of any agreement, representation, warranty or covenant made herein, or any other agreements by/with entrant, the Promotion Entities, and/or any other party or entity. Further, to the maximum extent permitted by applicable law, and without limiting the foregoing, entrants and winners covenant not to sue any Released Party or cause them to be sued regarding any matter released herein, and further covenant not to disaffirm, limit or rescind these releases. A waiver by one or more of the Promotion Entities of any term in these Official Rules does not constitute a waiver of any other provision. Any provision determined to be invalid shall be stricken to the extent of its invalidity and the remainder of these Rules shall remain in full force and effect.

IN NO EVENT WILL THE RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING DIRECTLY OR INDIRECTLY OUT OF THIS PROMOTION. Without limiting the foregoing, this Promotion is provided “AS IS” without warranty of any kind, either express or implied, including but not limited to, the implied warranties or conditions of merchantability, fitness for a particular purpose, and non-infringement.

PUBLICITY RELEASE: By entering and/or accepting a prize, entrants and winners hereby consent, where lawful, to the use (but without obligation) by Sponsor (and its affiliated companies and their respective authorized representatives) of their name, entry, and all information, image, photographs, videotape, likeness, hometown name, biographical information, voice, as well as any statements made by a winner regarding the Promotion and/or Promotion Entities (provided they are true) for publicity, trade, advertising and promotional purposes in all media now known or hereafter developed worldwide, including but not limited to the Internet, Sponsor’s and unrelated third parties’ social media pages, mobile and digital devices, and World Wide Web, without additional compensation, and without the right of review, notification or approval.

GENERAL CONDITIONS: Neither Sponsor nor any of the other Promotion Entities are responsible for lost, late, misdirected, incomplete, unintelligible, illegible, misdirected, undelivered, or stolen entries, or for lost, interrupted or unavailable satellite, network, server, devices, Internet Service Provider (ISP), website, platform, or other connections unavailability, inaccessibility or traffic congestion, or miscommunications, or failed equipment, computer, network, telephone, satellite, cable hardware, software or lines, or technical failure, or jumbled, scrambled, delayed, or misdirected transmissions, or network, hardware or software malfunctions, failures or difficulties, incompatibility, or errors of any kind whether human, mechanical, electronic or network, or the incorrect or inaccurate capture of any information, nor for the failure to capture any such information. Persons who are suspected of fraud, artifice, cheating, tampering with, or abusing any aspect of the Promotion or any element thereof, including but not limited to use of robotics, bots, malware, or other unauthorized devices or participation methods, as solely determined by Sponsor will be disqualified. ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION. Sponsor is not responsible for injury or damage to entrants’ or to any other person’s computer or (mobile) device related to or resulting from participating in this Promotion or downloading or uploading materials from or use of any social media platform, email or website. Should any portion of the Promotion be, in Sponsor’s sole opinion, compromised by virus, worms, bugs, non-authorized human intervention, technical failures or other causes (similar or dissimilar) which, in the sole opinion of the Sponsor, could corrupt or impair the Promotion or any element thereof including but not limited to its administration, security, fairness or proper play, or submission of entries or ability to notify a winner, Sponsor reserves the right at its sole discretion to suspend, modify or terminate the Promotion, or any element thereof and determine entrants and/or winner(s) from eligible entries received prior to the action taken, or as otherwise deemed fair by Sponsor in its absolute discretion. In the event of any discrepancy, ambiguity, inconsistency, printing or any other error or miscommunication in any posts, comments, advertising, brochures, Promotion materials, announcements and/or any other information or communications by any person/entity in whatever media/medium relating to this Promotion or any element thereof, these Official Rules shall govern.

FORCE MAJEURE: Promotion Entities shall not be liable to entrants, winner(s), or any other person or entity for failure to execute the Promotion, or any element thereof or supply a prize, or any part thereof, by reason of any act 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 act, cyber-attack, 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, cancellation or delay of any event, closures, epidemic or pandemic, or any similar or dissimilar event beyond their reasonable control.

DISPUTES/ARBITRATION: Sponsor’s decisions are final and binding in all matters and disputes relating to this Promotion, including, but not limited to, interpretation and application of these Official Rules. For greater certainty, such matters and disputes are to be resolved in Sponsor’s sole discretion. By entering, to the fullest extent permitted by applicable law, entrants waive all rights to jury trial, class-action lawsuit, or class-wide arbitration in connection with these Official Rules, including, without limitation, the Promotion. To the fullest extent permitted by law, for any controversy or claim arising out of or relating to these Official Rules and/or the Promotion, entrants and Sponsor submit and consent to binding, exclusive arbitration before a neutral one-person arbitrator located in Butler County, Ohio. THESE OFFICIAL RULES AND THE INTERPRETATION OF ITS TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF OHIO WITHOUT REGARD TO CONFLICT OF LAW DOCTRINES.

WINNER LIST: For the names of winner(s), contact Sponsor by sending an email to: pr@frontgate.com, “$30,000 End of Summer Winner List Request” in the subject line, for receipt within ten (10) business days after the end of the Promotion Period. Limit one request per person/household/email address.

SPONSOR: Frontgate Marketing, Inc., 5566 West Chester Road, West Chester, OH 45069.

Sponsor reserves the right, without notice or prior approval, to cancel or terminate the Promotion in its entirety or modify or supersede these Official Rules in its sole reasonable discretion due to exigencies of the circumstances and in such event will post termination notice or revised Rules, as applicable, any such revised Rules will continue to govern all aspects of the Promotion.