Red Sun Farms – 2021 The Ultimate Tailgate Package Sweepstakes
Red Sun Farms 2021 Sweets Family “THE ULTIMATE TAILGATE PACKAGE” Contest
Contest Rules and Regulations
NO PURCHASE NECESSARY. THE RED SUN FARMS 2021 “THE ULTIMATE TAILGATE PACKAGE” CONTEST (THE “CONTEST”) IS OPEN ONLY TO LEGAL RESIDENTS OF THE UNITED STATES OF AMERICA OR CANADA, WHO ARE OF THE AGE OF MAJORITY OR OLDER IN THEIR STATE/PROVINCE OF RESIDENCE AT THE TIME OF ENTRY. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. ENTRY IN THIS CONTEST CONSTITUTES ACCEPTANCE OF THESE OFFICIAL RULES (THE “OFFICIAL RULES”).
To be eligible for this Contest, an individual must be at the time of entry:
a legal resident of The United States of America or Canada (excluding Quebec), and
of the age of majority in his/her state/province of residence or older
Employees of Red Sun Farms (“Red Sun Farms” or “Sponsor”), its affiliates, subsidiaries, related companies, advertising and promotional agencies (collectively, “Employee”), any members of an Employee’s immediate family (defined as parent, child, sibling or spouse, regardless of where they reside, and the household members of any Employee, are not eligible to participate in the Contest. Entrants may be natural persons only; no corporation, organization or group entries.
The Sponsor shall have the right at any time to require proof of identity and/or eligibility to participate in the Contest. Failure to provide such proof may result in disqualification. All personal and other information requested by and supplied to the Sponsor for the purpose of the Contest must be truthful, complete, accurate and in no way misleading. The Sponsor reserves the right, in its sole discretion, to disqualify any contestant should such a contestant at any stage supply untruthful, incomplete, inaccurate or misleading personal details and/or information.
CONTEST PERIOD: The Contest begins at 12:00 a.m. Eastern Time (“ET”) on September 6, 2021 and ends at 11:59:59 p.m. ET on October 22, 2021 (the “Contest Period”) after which time the Contest will end and no further Entries (as defined below) will be accepted.
HOW TO ENTER:
ENTRIES: To enter the Contest, an eligible contestant must:
Fully complete and submit the entry form located at www.ultimatetailgatecontest.com (the “Contest Website”). No purchase is necessary.
ii. Limit of one (1) Entry per day per contestant throughout the Contest Period, with a total maximum entries of forty-seven (47). In the case that a contestant tries to enter more than once per day during the Contest Period, only the first eligible Entry will be entered into the Prize draw. Subsequent attempts made by the same individual to exceed the daily or total limit on entries into the Contest by using multiple or false contact information or otherwise may be disqualified. Entries generated by a script, computer programs, macro, programmed, robotic or other automated means are void and may be disqualified. For purposes of this Contest, an Entry is “received” when the Website’s servers record the entry information. Proof of sending (such as an automated computer receipt confirming entry or “thanks for entering” message) does not constitute proof of actual receipt of an entry for purposes of this Contest. The Contest Website’s database clock will be the official time keeper for this Contest. Those who do not follow all of the instructions, provide the required information in their entry form, abide by these Official Rules or other instructions of Sponsor may be disqualified at Sponsor’s sole discretion.
All Entries become the sole property of the Sponsor and none will be returned for any reason. Entries will be declared invalid if they are illegible, incomplete, damaged, irregular, mutilated, forged, garbled or mechanically or electronically reproduced. Unless a contestant otherwise consents, no communication or correspondence will be exchanged with contestants except with those selected as eligible to win a Prize (as defined below).
Entries shall be deemed to be submitted by the authorized account holder of the e-mail address associated with the Entry. For the purpose of the Official Rules, “authorized account holder” of an e-mail address is defined as the natural person who is assigned to an e-mail address by an Internet access provider, on-line service provider, or other organization responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. The selected contestant may be required to provide the Sponsor with proof that the selected contestant is the authorized account holder of the e-mail address associated with the winning Entry.
RANDOM DRAWING, PRIZE, APPROXIMATE RETAIL VALUE AND ODDS OF WINNING:
Random Drawing: The random Grand Prize drawing will be held on or about Monday, November 1, 2021 in Toronto, Ontario, Canada at 4:30 p.m. ET. One (1) contestant will be selected as a potential winner in the random draw from all eligible Entries received during the Contest Period. The winner is a potential winner subject to verification and compliance with these Official Rules. See Rule 5 below.
Grand Prize (1): The “Grand Prize” includes:
YETI Tundra 75 Hard Cooler
YETI Lowlands Blanket
JBL Xtreme 2 Portable Speaker
YETI Trailhead Camp Chair x 2
YETI Rambler One Gallon Jug
YETI Camino Carryall 35
The Sponsor will provide the tailgating package choice and the Sponsor will also be responsible for the shipping of the tailgating package to one destination of the winners choice.
SPONSOR, ITS PARENT, RELATED, AFFILIATED, AND SUBSIDIARY COMPANIES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES AND ASSIGNS ARE HEREBY RELEASED AND DISCHARGED FROM ANY AND ALL LEGAL CLAIMS, LOSSES, EXPENSES, LIABILITIES, INJURIES, DEMANDS, DAMAGES, ACTIONS, AND/OR CAUSES OF ACTION THAT ARISE OUT OF AND/OR ARE IN ANY WAY RELATED TO THE GRAND PRIZE, THE RECEIPT AND/OR PARTICIPATION IN THE GRAND PRIZE AND/OR THE CONTEST.
Approximate Retail Value. Total approximate retail value of Grand Prize is:
Prize Package Retail Value ($1,779.89 USD)
YETI Tundra 75 Hard Cooler ($449.99 USD)
YETI Lowlands Blanket($199.99 USD)
JBL Xtreme 2 Portable Speaker ($249.95 USD)
YETI Trailhead Camp Chair x 2 ($299.99 USD x 2)
YETI Rambler One Gallon Jug ($129.99 USD)
YETI Camino Carryall 35 ($149.99 USD)
Odds of Winning. The odds of being selected as the potential Grand Prize winner are dependent upon the number of eligible Entries received by the Sponsor during the Contest Period.
General Provisions. The only prize awarded in this Contest is the Grand Prize. No other prize will be awarded. If for any reason a prize becomes unavailable, Sponsor may award a substitute prize of equal or greater monetary value. Federal, state, and local taxes, if any, and all other expenses not specified herein are the Grand Prize winner’s sole responsibility.
NOTIFICATION TO THE GRAND PRIZE WINNER, SKILL-TESTING QUESTION, AND RELEASE.
Notification. THE SELECTED CONTESTANT WILL BE NOTIFIED BY PHONE AND/OR EMAIL NO LATER THAN 2 BUSINESS DAYS AFTER THE DRAW AND MUST RESPOND WITHIN TEN (10) BUSINESS DAYS OF NOTIFICATION. If the selected contestant does not respond in accordance with the Official Rules, he/she will be disqualified and will not receive the Prize and another contestant may be selected in the Sponsor’s sole discretion until such time as a contestant satisfies the terms set out herein. The Sponsor is not responsible for the failure for any reason whatsoever of a selected contestant to receive notification or for the Sponsor to receive a selected contestant’s response.
Skill-Testing Question. Before being declared the Grand Prize winner, the selected contestant will be required to correctly answer, without assistance of any kind, whether mechanical or otherwise, a time-limited, mathematical skill-testing question to be administered during a pre-arranged telephone call or by e-mail. Failure to answer the skill-testing question correctly will result in disqualification and an alternate entrant will be selected who will be subject to disqualification in the same manner. To be eligible to win, the selected contestant must also comply with the Official Rules and sign and return the Release (described below).
Release. The selected contestant will be required to execute a legal agreement and release (“Release”) that confirms his/her: (i) eligibility for the Contest and compliance with these Official Rules; (ii) acceptance of the Prize as offered; (iii) release of the Sponsor, its parent company, subsidiaries, affiliates, related companies, advertising, media buying and promotional agencies, and/or licensees, and each of their respective employees, directors, officers, suppliers, agents, administrators, representatives, successors and assigns (collectively, the “Releasees”) from any and all liability for any loss, harm, damages, cost or expense arising out of participation in the Contest, participation in any Contest-related activity or the acceptance of and participation in any element of the Prize, including but not limited to costs, injuries, losses related to personal injuries, death, damage to, loss or destruction of property, rights of publicity or privacy, defamation, or portrayal in a false light, or from any and all claims of third parties arising therefrom; and (iv) to the full extent permitted by law, grant to the Sponsor of the right, in the Sponsor’s discretion, to produce, reproduce, publish, broadcast, communicate by telecommunication, exhibit, distribute, adapt and otherwise use or re-use the Winner’s name, photograph, likeness, voice, and biography, in any and all media now known or hereafter devised, without notice, review or approval and without compensation. The executed Release must be returned to the address specified on the Release within ten (10) business days of receipt or the selected contestant will be disqualified and another contestant will be selected.
INDEMNIFICATION BY CONTESTANT. By entering the Contest, contestant releases and holds Releasees harmless from any and all liability for any injuries, loss or damage of any kind to the contestant or any other person, including personal injury, death, or property damage, resulting in whole or in part, directly or indirectly, from acceptance of and participation in any element of the Prize, participation in the Contest, any breach of the Official Rules, or in any Prize-related activity. The contestant agrees to fully indemnify Releasees from any and all claims by third parties relating to the Contest, without limitation.
LIMITATION OF LIABILITY. The Sponsor, Releasees, and all retailers where Red Sun Farms products are sold assume no responsibility or liability for lost, late, unintelligible/illegible, falsified, damaged, misdirected or incomplete Entries, notifications, responses, replies or any Release, or for any computer, online, software, telephone, mobile device, hardware or technical malfunctions that may occur, including but not limited to malfunctions that may affect the transmission or non-transmission of an entry. The Sponsor is not responsible for any incorrect or inaccurate information, whether caused by website users or by any of the equipment or programming associated with or utilized in the Contest or by any technical or human error which may occur in the administration of the Contest. The Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Entries. The Sponsor is not responsible for any problems, failures or technical malfunction of any telephone network or lines, computer online systems, servers, providers, computer equipment, software, e-mail, mobile device, players, or browsers, on account of technical problems or traffic congestion on the Internet, any network, at any website, or on account of any combination of the foregoing. The Sponsor is not responsible for any injury or damage to contestant or to any computer or mobile device related to or resulting from participating or downloading materials in this Contest. Contestant assumes liability for injuries caused or claimed to be caused by participating in the Contest, or by the acceptance of, participation in, or failure to receive any prize. The Sponsor assumes no responsibility or liability in the event that the Contest cannot be conducted as planned for any reason, including those reasons beyond the control of the Sponsor, such as infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or corruption of the administration, security, fairness, integrity or proper conduct of this Contest, and/or the Contest Website.
TO THE FULL EXTENT PERMITTED BY LAW: ANY CLAIM FOR DAMAGES SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ATTORNEY’S FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM. ONLY SPONSOR AND/OR ADMINISTRATOR MAY RESCIND THIS CONTEST AND/OR SEEK INJUNCTIVE AND/OR ANY OTHER EQUITABLE RELIEF. CONTESTANTS AGREE THAT THE RIGHTS AND OBLIGATIONS OF ANY CONTESTANT AND/OR RELEASEES AND/OR ANY OTHER PARTY SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. ANY CLAIM MUST BE FILED WITHIN ONE (1) YEAR OF THE TIME THE CAUSE OF ACTION OCCURRED, OR THE CAUSE OF ACTION SHALL BE FOREVER BARRED.
CONDUCT. By participating in the Contest, each contestant agrees to be bound by the Official Rules, which will be posted at the Contest Website and made available throughout the Contest Period. Contestant further agrees to be bound by the decisions of the Sponsor, which shall be final and binding in all respects. The Sponsor reserves the right, in its sole discretion, to disqualify any contestant found to be: (a) violating the Official Rules; (b) tampering or attempting to tamper with the entry process or the operation of the Contest and/or the Contest Website; and/or (c) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE CONTEST WEBSITE OR ANY RELATED WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING BUT NOT LIMITED TO CRIMINAL PROSECUTION.
PRIVACY / USE OF PERSONAL INFORMATION.
By participating in the Contest, contestant: (i) grants to the Sponsor the right to use his/her name, mailing address, telephone number, and e-mail address (“Personal Information”) for the purpose of administering the Contest, including but not limited to contacting and announcing the Winner and fulfilling the Grand Prize; (ii) if he/she is the Winner, grants to the Sponsor the right to use his/her Personal Information (first name and last initial and city of residence) for publicity and promotional purposes, in any and all media now known or hereafter devised, without compensation or notice, review or approval unless prohibited by law; and (iii) acknowledges that the Sponsor may disclose his/her Personal Information to third-party agents and service providers of any of the Sponsor in connection with any of the activities listed in (i) and (ii) above.
If you choose to opt-in online, you consent to Red Sun Farms’ use of your Personal Information so that you may receive newsletters, be contacted to promote draws and contests similar to the Contest, promote opportunities to subscribe to other newsletters or promotional clubs, and notify you about Red Sun Farms’ products. You may withdraw your consent at any time.
Red Sun Farms will protect the contestants’ Personal Information and use it only for identified purposes.
INTELLECTUAL PROPERTY. All intellectual property of Sponsor, including but not limited to trade-marks, trade names, logos, designs, promotional materials, web pages, source code, drawings, illustrations, slogans and representations are owned by the Sponsor and/or its affiliates. All rights are reserved. Unauthorized copying or use of any copyrighted material or intellectual property without the express prior written consent of its owner is strictly prohibited.
TERMINATION. Sponsor reserves the right, in its sole discretion to terminate the Contest, in whole or in part, and/or modify, amend or suspend the Contest, and/or the Official Rules in any way, at any time, for any reason without prior notice.
JURISDICTION AND CHOICE OF LAW/SEVERABILITY: The Contest is governed by the laws of the United States of America and Canada and is subject to all applicable federal, state/provincial and municipal laws and regulations. The Official Rules are subject to change without notice in order to comply with any applicable federal, state and municipal laws or the policy of any other entity having jurisdiction over the Sponsor. To the full extent permitted by law, all issues and questions concerning the construction, validity, interpretation and enforceability of the Official Rules or the rights and obligations as between the contestant and the Sponsor in connection with the Contest shall be governed by and construed in accordance with the laws of the United States of America and Canada including procedural provisions without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other jurisdiction’s laws. In the event that any provision of these Official Rules is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions. No waiver of any term of these Official Rules shall be deemed a further or continuing waiver of such term or any other term, and the failure by Sponsor to assert any right or provision under these Official Rules shall not constitute a waiver of such right or provision.
SOCIAL MEDIA. This Contest is in no way sponsored or endorsed by any social media platforms on which the Contest may have been promoted and/or publicized.