Tundra Restaurant Supply – Winter Warm Up Contest – Win Vollrath – 7470140 – 7 Quart Induction Rethermalizer

WINTER WARM UP CONTEST – OFFICIAL RULES
NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN. PURCHASE WILL NOT INCREASE
YOUR CHANCES OF WINNING. ODDS OF WINNING DEPEND ON THE NUMBER OF ELIGIBLE ENTRIES TIMELY
RECEIVED. THIS SWEEPSTAKES IS INTENDED FOR PLAY IN THE 48 CONTIGUOUS UNITED STATES AND THE
DISTRICT OF COLUMBIA ONLY AND WILL BE GOVERNED BY U.S. LAW. DO NOT ENTER UNLESS YOU ARE
ELIGIBLE AND LOCATED IN THE UNITED STATES AT THE TIME OF ENTRY.
1. ELIGIBILITY: WINTER WARM UP CONTEST (“SWEEPSTAKES”) IS OPEN ONLY TO LEGAL RESIDENTS OF
THE FORTY EIGHT (48) CONTIGUOUS UNITED STATES (INCLUDING THE DISTRICT OF COLUMBIA)
EXCLUDING ALASKA AND HAWAII, AND IS EIGHTEEN (18) YEARS OF AGE OR OLDER AS OF MONDAY,
November 5, 2018. Employees, officers and directors of Tundra Restaurant Supply (“Sponsor”), its parent,
subsidiary, and affiliated companies, advertising, promotion or production agencies, Web
masters/suppliers (and their IRS dependents, immediate family members [spouse, parents, children,
siblings] and individuals residing in their same household, whether or not related) are not eligible to
participate. By participating, entrants agree to these Official Rules and the decisions of the Sponsor
and/or its independent judging agency (the “Judges”) which are final and binding in all respects. Void
where prohibited.
2. SWEEPSTAKES PERIOD: Sweepstakes begins at 8:00:00 a.m. Eastern Time on Wednesday, January 17,
2019 and ends at 4:59:59 p.m. Eastern Time on Friday, January 31, 2019 (“Sweepstakes Period”).
Sponsor’s computer is the official time keeping device for this Sweepstakes.
3. TWO WAYS TO ENTER: (a) Online: During the Sweepstakes Period, visit the Backburner Blog by Tundra
Restaurant Supply at http://blog.etundra.com/vollrath-contest/ (“Website”) or (b) by visiting Tundra
Restaurant Supply’s Facebook page at https://www.facebook.com/TundraRestaurantSupply. Follow the
online instructions to complete the entry form, which includes your name and email address and submit
your entry. Any other attempted form of entry is void. Online entries must be received and recorded by
the Sponsor’s computer during the Sweepstakes Period. Limit one (1) entry per person/email address per
day, regardless of entry method. A “day” is defined as each twenty-four (24) hour time period beginning
at 12:00:00 a.m. Eastern Time and ending at the following 11:59:59 p.m. Eastern Time; except the first
day of the Sweepstakes Period which is defined as beginning 8:00:01 a.m. Eastern time and ending
11:59:59 p.m. CDT of the same day. Any attempt by any participant to obtain more than one (1) entry per
day by using multiple/different email addresses, identities or any other methods will void that
participant’s entries and that participant may be disqualified. Online entrants must have a valid email
address. Automated entries are prohibited, and any use of automated devices will cause disqualification.
4. DRAWING: This Sweepstakes will have one (1) prize-winner. No purchase necessary to enter. By
entering your email address, you agree to receive offers from Tundra Restaurant Supply and Vollrath.
You’ll have the opportunity to unsubscribe at any time, immediately, once you receive your first
newsletter. Each entrant selected as a potential winner must comply with all terms and conditions set
forth in these official rules. The Sponsor will conduct one (1) random drawing on or about Wednesday,
December 26, 2018 (a “Drawing”) from all eligible entries received during the contest entry period. The
decision of the Sponsor are final and binding in all matters relating to this Sweepstakes. Potential winners
will be notified by email at the email address provided at time of entry on or about Wednesday,
December 26, 2018. Winners must meet all eligibility requirements and Grand Prize Winner will be
required to provide his/her Social Security number, and complete and submit to Sponsor an Affidavit of
Eligibility which must be completed, signed and returned within seven (7) days from date of issuance, or
the Grand Prize may be forfeited. If any prize or prize notification or attempted notification is returned as
undeliverable, if Sponsor is unable to contact a potential winner within a reasonable time period, if
required information is not timely provided to Sponsor, or if a potential winner is found to be ineligible or
otherwise not in compliance with these Official Rules, the prize may be forfeited. By accepting a prize,
winners acknowledge they are in compliance with these Official Rules. Limit of one (1) prize per
person/household/email address. See Rule #5 for Prize Details.
5. PRIZE DETAILS/APPROXIMATE RETAIL VALUES (“ARV”): Grand Prize: One (1) Vollrath – 7470140 – 7
Quart Induction Rethermalizer. Total ARV of all prizes: $949.10. If winner cannot accept the prize as
stated, prize will be forfeited and awarded to an alternate winner. No substitution, cash redemption or
transfer of prize permitted. However, Sponsor reserves right to substitute prize with prize of equal or
greater value if advertised prize becomes unavailable. Odds of winning depend on the number of eligible
entries received for a corresponding Drawing. Any difference between stated value and actual value will
not be awarded. All taxes, fees and surcharges on prizes are the sole responsibility of the winner.
6. GENERAL CONDITIONS: Participants agree (a) that Sponsor and each of its parents, subsidiaries and
affiliated companies, advertising and promotion agencies, and all of their respective officers, directors,
employees, representatives and agents (collectively, the “Released Parties”) are released, will have no
liability whatsoever for, and shall be held harmless by participants against any liability for any injuries,
losses or damages of any kind to person(s), including death, or property resulting in whole or in part,
directly or indirectly, from acceptance, possession, misuse or use of any prize or participation in this
Sweepstakes or any Sweepstakes-related activities (including any travel related thereto), and (b) except
where legally prohibited, winners grant (and agree to confirm that grant in writing) permission to Sponsor
and those acting under its authority the right to the use of his/her name, picture, likeness, voice,
biographical information and statements, at any time or times, for advertising, trade, publicity and
promotional purposes without additional compensation, in all media now known or hereafter discovered,
worldwide in perpetuity, and on the Internet and World Wide Web, without notice, review or approval,
unless prohibited by law. ALL PRIZES ARE AWARDED “AS IS” AND SPONSOR MAKES NO REPRESENTATIONS
OR WARRANTIES OF ANY KIND CONCERNING THE APPEARANCE, SAFETY OR PERFORMANCE OF ANY PRIZE
EXCEPT FOR ANY WARRANTY AVAILABLE FROM THE MANUFACTURER OF THE PRIZE. All federal, state and
local taxes, if any, on prizes and any other costs and expenses associated with prize acceptance and use
not specified herein as being provided are solely winner’s responsibility. Unclaimed prizes will not be
awarded. Please see the Privacy Policy located at https://www.etundra.com/privacy-policy/ for details of
Sponsor’s policy regarding the use of personal information collected in connection with this Sweepstakes.
The winner agrees to submit to the Sponsor all documentation requested by Sponsor to permit it to
comply with all applicable federal, state, provincial, local and tax reporting and withholding
requirements. No Released Party shall be responsible for any tax implications that may arise from prize
winnings. Independent financial and tax advice should be sought regarding the tax consequences of
winning a prize. If you are selected as a winner, your information may also be included in a publicly-
available winner’s list.
7. LIABILITY LIMITATIONS: Released Parties are not responsible for lost, late, misdirected, incomplete, or
non-delivered entries or e-mail; or for interrupted or unavailable satellite, network, server, Internet
Service Provider, Website, telephone or other connections, availability or accessibility, or
miscommunications, or failed computer, satellite, telephone or cable transmissions, or lines, or technical
failure or jumbled, corrupted, scrambled, delayed, or misdirected transmissions or computer hardware or
software malfunctions, failures, or technical errors or difficulties, or other errors of any kind whether
human, mechanical, electronic or network or the incorrect or inaccurate capture of entry or other
information or the failure to capture, or loss of, any such information. Persons who tamper with or abuse
any aspect of this Sweepstakes or otherwise attempt to undermine the legitimate operation of the
Sweepstakes by cheating, hacking, deception, or other unfair playing practices or intending to annoy,
abuse, threaten or harass any other entrants or Sponsor representatives, as solely determined by the
Sponsor, will be disqualified. Any use of robotic, automatic, macro, programmed or like entry methods
will void all such entries by such methods, and disqualify any entrant using such methods. Released
Parties are not responsible for injury or damage to entrant’s or to any other person’s computer related to
or resulting from participating in this Sweepstakes or downloading materials from or use of the Website.
Should any portion of the Sweepstakes be, in Sponsor’s sole opinion, compromised by virus, worms, bugs,
nonauthorized human intervention, technical failures or other causes which, in the sole opinion of the
Sponsor, corrupt or impair the administration, security, fairness or proper play, or submission of entries,
Sponsor reserves the right at its sole discretion to suspend, modify or terminate the Sweepstakes, and
randomly select the winners from among all eligible, nonsuspect entries received prior to action taken or
as otherwise deemed fair and appropriate by Sponsor. Released Parties are not responsible for any
incorrect or inaccurate information, whether caused by Website users, tampering, hacking, or by any
equipment or programming associated with or utilized in the Sweepstakes, and assume no responsibility
for any error, interruption, deletion, defect, delay in operation, or transmission, communications line
failure, theft or destruction, or unauthorized use of this Website. All entries become the sole property of
the Sponsor and none will be returned. In case of dispute, the authorized account subscriber of the email
account used to enter the Sweepstakes at the actual time of entry will be deemed to be the entrant, and
must comply with these Official Rules. The “authorized account subscriber” is deemed to be the natural
person who is assigned an e-mail address by an Internet Access Provider, on-line service provider, or
other organization which is responsible for assigning e-mail addresses.
IN NO EVENT WILL RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY
KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT
OF THE SWEEPSTAKES, PRIZES, OR AN ENTRANT’S ACCESS TO AND USE OF THE WEBSITE OR
DOWNLOADING FROM AND/OR PRINTED MATERIAL DOWNLOADED FROM SAID WEBSITE. WITHOUT
LIMITING THE FOREGOING, THE PRIZES AND EVERYTHING ON THE WEBSITE IS PROVIDED “AS IS”
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-
INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE
ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO EVERY PARTICIPANT. CHECK LOCAL LAWS FOR
ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
8. BINDING ARBITRATION: Any controversy or claim arising out of or relating to this Sweepstakes shall be
settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that
such location is reasonably convenient for claimant), or at such other location as may be mutually agreed
upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the
Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing,
and judgment upon the award rendered by the arbitrator(s) may be entered in any court having
jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The
arbitrator shall apply Colorado law consistent with the Federal Arbitration Act and applicable statutes of
limitations, and shall honor claims of privilege recognized at law. In the event that the claimant is able to
demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation,
Sponsor will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the
arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this
arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be
arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures
established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be
construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were
not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that
claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration
provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their
dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of
discovery, which discovery shall be completed within sixty days after the demand for arbitration is made,
unless further extended by mutual agreement of the parties. THE ARBITRATION OF DISPUTES PURSUANT
TO THIS PARAGRAPH SHALL BE IN THE ENTRANT’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR
CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY
NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY
SITUATED. DO NOT ENTER THIS SWEEPSTAKES IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR
CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES. BY PARTICIPATING IN THIS
SWEEPSTAKES, EACH ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY
AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE
SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING
ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND
ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET
COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3)
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), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR
OTHERWISE INCREASED; AND (4) ENTRANT’S 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 EVERY ENTRANT.
9. GOVERNING LAW & JURISDICTION: These Official Rules and the Sweepstakes are governed by US law
and are subject to all applicable federal, state and local laws and regulations. All issues and questions
concerning the construction, validity, interpretation and enforceability of the Sweepstakes Official Rules,
or the rights and obligations of entrant and Sponsor in connection with the Sweepstakes, shall be
governed by, and construed in accordance with, the laws of the State of Colorado, U.S.A., without giving
effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to
arbitration as set forth in Section 8 of these Official Rules and/or for entering any judgment on an
arbitration award, shall take place in Colorado.
10. WINNERS’ LIST: For the names of the winners, mail a self-addressed, stamped envelope to “Winter
Warm Up Contest” List Request, 3825 Walnut Street, Boulder, CO 80301.
11. SPONSOR: Tundra Restaurant Supply, 3825 Walnut Street, Boulder, CO 80301.