Phantom Fireworks – Name The Firework Contest Sweepstakes
NAME A FIREWORK CONTEST
Official Rules & Regulations
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN.
This “Name A Firework” contest (this “Contest”) is sponsored by Phantom Fireworks, Inc. and its subsidiaries, successors and affiliates (“Phantom”). This Contest is in in no way sponsored, endorsed or administered by, or associated with, Facebook, Instagram, nor Twitter. The Contestant (“You”) understand that You are providing Your information to Phantom and not to Facebook, Instagram, nor Twitter.
This Contest is governed by these Official Rules & Regulations (these “Rules”) and is subject to all federal, state, and local laws and regulations. VOID WHERE PROHIBITED.
1. Eligibility: This Contest is open to legal residents of the United States of America where not prohibited by law, who are eighteen (18) years of age or older at the time of entry, who have Internet access and a valid e-mail account prior to the beginning of the Contest Period (defined below). Phantom has the right to verify the eligibility of each entrant. Employees of Phantom Fireworks as well as household family members of such employees are not eligible.
2. Agreement to Rules: By participating in this Contest, You agree to be fully and unconditionally bound by these Rules, and You represent and warrant that You meet the eligibility requirements. In addition, You understand and agree to accept that the results of this Contest, as determined by Phantom, its successors, affiliates, and its agents, are final in all respects.
3. Contest Period: This Contest begins on Wednesday, December 22, 2020 and ends on Sunday, February 28, 2021 (the “Contest Period”). All entries (submissions) must be received during the Contest Period. Phantom reserves the right to extend or shorten the Contest Period at its sole discretion.
4. How to Enter: All contest entries must be entered through fireworks.com. Entrants must fill out all required fields on the entry form to participate in this Contest. After submitting the required information on the entry form, the entrant will receive one (1) entry into the drawing. Only one entry per email address. Participants can only win 1 time regardless of number of entries.
5. Winner Selection: All eligible entries received during the Contest Period will be gathered into a database at the end of the Contest Period. A total of eight (8) Winners (the “Winners”) will be chosen by Phantom; whose decision is final. The Winner(s) will be announced on or about Friday, May 21, 2021.
Announcement and instructions for the prize will be sent to the e-mail address and/or phone number supplied on the potential prize Winner’s entry form. Each entrant is responsible for monitoring his/her email/voicemail account for prize notification and receipt or other communications related to this contest. Upon the request of Phantom, the potential Winners may be required to return an Affidavit of Eligibility, Release and Prize Acceptance Form, and IRS W-9 form. If a potential Winner fails to comply with these Rules, that potential Winner will be disqualified. Phantom shall not be liable for Winner’s failure to receive notices due to spam, junk e-mail or other security settings or for Winner’s provision of incorrect or otherwise non-functioning contact information.
If a potential Winner cannot be contacted, is ineligible, fails to claim the prize, or fails to timely return a completed and executed Affidavit of Eligibility, Release and Prize Acceptance Form and IRS W-9 form as required, within five (5) days from the time the award notification was sent, the prize may be forfeited and an alternate Winner selected. Receipt by the Winner of the prize offered in this Contest is conditioned upon compliance with any and all federal, state, and local laws and regulations.
Prizes may not be awarded if an insufficient number of eligible entries are received.
ANY VIOLATION OF THESE RULES BY WINNER (AT PHANTOM’S SOLE DISCRETION) WILL RESULT IN WINNER’S DISQUALIFICATION AS WINNER OF THE CONTEST AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.
6. Prizes: The eight (8) Winners will be separated into three (3) tiers as determined by Phantom in its sole discretion. Each Winner will receive the prize associated with the respective tier that it is placed in as follows:
● Tier 1: One (1) Winner = $1,000 Gift Card
● Tier 2: Two (2) Winners = $500 Gift Card
● Tier 3: Five (5) Winners = $250 Gift Card
Actual/appraised value may differ at time of prize award. The specifics of the prize shall be solely determined by Phantom. No cash or other prize substitution shall be permitted.
Prizes are non-transferrable. Terms and conditions may apply. Incidental expenses and all other costs and expenses which are not specifically listed as part of a prize in these Rules and which may be associated with the award, acceptance, receipt, and use of all or any portion of the awarded prize are solely the responsibility of the respective Winner. ALL FEDERAL, STATE AND LOCAL TAXES ASSOCIATED WITH THE RECEIPT OR USE OF ANY PRIZE IS SOLELY THE RESPONSIBILITY OF THE WINNER.
Acceptance of a prize constitutes permission for Phantom to use the Winner’s name, likeness and entry for purposes of advertising and trade without further compensation, unless prohibited by law.
7. Additional Limitations: Phantom and its agents, and representatives are not responsible for any typographical or other errors in the offer or administration of the Contest, including, but not limited to, errors in any printing or posting or these Official Rules, the selection and announcement of any Winner, or the distribution of any prize.
Any attempt to damage the content or operation of this Contest is unlawful and subject to possible legal action by Phantom. Phantom reserves the right to terminate, suspend or amend the Contest, without notice, and for any reason, including, without limitation, if Phantom determines that the Contest cannot be conducted as planned or should a virus, bug, tampering or unauthorized intervention, technical failure or other cause beyond Phantom’s control corrupt the administration, security, fairness, integrity or proper play of the Contest. In the event any tampering or unauthorized intervention may have occurred, Phantom reserves the right to void suspect entries at issue. Phantom and its agents, and representatives, and any telephone network or service providers, are not responsible for incorrect or inaccurate transcription of entry information, or for any human error, technical malfunction, lost or delayed data transmission, omission, interruption, deletion, line failure or malfunction of any telephone network, computer equipment or software, the inability to access any website or online service or any other error, human or otherwise.
8. Odds: The odds of winning depend on the number of eligible entries received.
9. Rights Granted by You: By entering this content (e.g., photo, video, text, etc.), You understand and agree that Phantom, anyone acting on behalf of Phantom, and Phantom’s licensees, successors, and assigns, shall have the right, where permitted by law, to print, publish, broadcast, distribute, and use in any media now known or hereafter developed, in perpetuity and throughout the World, without limitation, your entry, name, portrait, picture, voice, likeness, image, statements about the Contest, and biographical information for news, publicity, information, trade, advertising, public relations, and promotional purposes. without any further compensation, notice, review, or consent.
By entering this content, You represent and warrant that your entry is an original work of authorship, and does not violate any third party’s proprietary or intellectual property rights. If your entry infringes upon the intellectual property right of another, You will be disqualified at the sole discretion of Phantom. If the content of your entry is claimed to constitute infringement of any proprietary or intellectual proprietary rights of any third party, You shall, at your sole expense, defend or settle against such claims. You shall indemnify, defend, and hold harmless Phantom from and against any suit, proceeding, claims, liability, loss, damage, costs or expense, which Phantom may incur, suffer, or be required to pay arising out of such infringement or suspected infringement of any third party’s right.
10. LIMITATION OF LIABILITY: BY ENTERING, YOU AGREE TO RELEASE AND HOLD HARMLESS PHANTOM AND ITS SUBSIDIARIES, AFFILIATES, ADVERTISING AND PROMOTION AGENCIES, PARTNERS, REPRESENTATIVES, AGENTS, SUCCESSORS, ASSIGNS, EMPLOYEES, OFFICERS, AND DIRECTORS FROM ANY LIABILITY, ILLNESS, INJURY, DEATH, LOSS, LITIGATION, CLAIM, OR DAMAGE THAT MAY OCCUR, DIRECTLY OR INDIRECTLY, WHETHER CAUSED BY NEGLIGENCE OR NOT, FROM: (I) SUCH YOUR PARTICIPATION IN THE CONTEST AND/OR YOUR ACCEPTANCE, POSSESSION, USE, OR MISUSE OF ANY PRIZE OR ANY PORTION THEREOF; (II) TECHNICAL FAILURES OF ANY KIND, INCLUDING BUT NOT LIMITED TO THE MALFUNCTION OF ANY COMPUTER, CABLE, NETWORK, HARDWARE, OR SOFTWARE, OR OTHER MECHANICAL EQUIPMENT; (III) THE UNAVAILABILITY OR INACCESSIBILITY OF ANY TRANSMISSIONS, TELEPHONE, OR INTERNET SERVICE; (IV) UNAUTHORIZED HUMAN INTERVENTION IN ANY PART OF THE ENTRY PROCESS OR THE PROMOTION; (V) ELECTRONIC OR HUMAN ERROR IN THE ADMINISTRATION OF THE PROMOTION OR THE PROCESSING OF ENTRIES.
PHANTOM AND ITS AFFILIATES AND SUBSIDIARY COMPANIES DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, AS TO THE CONDITION, FITNESS OR MERCHANTABILITY OF THE PRIZE.
11. Disputes: THIS CONTEST IS GOVERNED BY THE LAWS OF THE STATE OF OHIO WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Contest, You agree that any and all disputes that cannot be resolved between the parties, and causes of action arising out of or connected with this Contest, shall be resolved individually, without resort to any form of class action, exclusively before a court having jurisdiction located in Mahoning County, Ohio. Further, in any such dispute, under no circumstances shall You be permitted to obtain awards for, and hereby waive all rights to, punitive, incidental, or consequential damages, including reasonable attorney’s fees, other than Your actual out-of-pocket expenses (i.e. costs associated with entering this Contest). You hereby further waive all rights to have damages multiplied or increased.