Orca Giveaway Official Rules

NATURAL GEAR’S

ORCA 20 QT COOLER GIVEAWAY

OFFICIAL RULES

 

Natural Gear (“Natural Gear” or “Sponsor”) is pleased to introduce the Natural Gear Orca 20 QT Cooler Giveaway (the “Promotion”). The Promotion begins at 12:00:00 a.m. Central Standard Time (“CST”) on September 24th, 2018 and ends at 11:59:00 p.m. CST on October 31st, 2018 (the “Promotion Period”). Central Standard Time shall control for all purposes of this Promotion. Sponsor’s computer shall be the official clock for purposes of the Promotion.

As a condition of participating in the Promotion, you agree to be fully and unconditionally bound by these Official Rules and the decisions of Sponsor, whose decisions shall be final and binding in all respects, and you agree to waive any right to claim ambiguity in the Promotion, these Official Rules, or any Promotion materials. The Promotion is subject to applicable federal, state, and local laws and regulations and is VOID WHERE PROHIBITED OR RESTRICTED BY LAW. Winning and receiving a Prize (defined in Section 6) is contingent upon fulfilling all requirements set forth herein.

  1. ELIGIBILITY: The Promotion is open only to individuals who: (i) are eighteen (18) years of age or the age of majority in his or her jurisdiction at the time of entry; (ii) are legal U.S. residents of the fifty (50) United States and the District of Columbia (excluding any territories of the United States); and (iii) at all times abide by these Official Rules and requirements contained herein. LIMIT ONE (1) ENTRY PER PERSON. Void where prohibited or restricted by law. The Promotion is subject to all applicable federal, state, and local laws and regulations.

Officers, directors, members, managers, employees, representatives, and agents of Sponsor and each of its respective parent companies, affiliates, subsidiaries, franchisees, fulfillment agencies, and any other companies associated with the design or execution of the Promotion (the “Promotion Entities”), and each of their Immediate Family Members and Household Members (as defined below) are not eligible to participate in or win the Promotion. “Immediate Family Members” shall mean spouse, parents, step-parents, legal guardians, children, step-children, siblings or step-siblings and each of their spouses regardless of where they reside. “Household Members” shall mean those people who share the same residence at least three (3) months a year.

  1. DRAWING: The Promotion is comprised of one (1) drawing.

  2. NO PURCHASE NECESSARY TO ENTER OR WIN THE PRIZE. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.

HOW TO ENTER: Eligible individuals may enter the Promotion during the Promotion Period as follows:

  • Website Method of Entry. Visit the Natural Gear website. Upon your first visit a Promotion pop-up box will appear. Within the pop-up box, a link to these Official Rules will appear, after you have read and agree to the terms and conditions set forth in these Official Rules select the box that states “I have read and agree to the Official Rules,” enter your email address, and click on the “ENTER NOW” button. All entries must be received before the end of the Promotion Period in order to participate in the Promotion.

 

You may only enter the Promotion one (1) time during the Promotion Period.  Proof of an entry submission is not considered proof of delivery to or receipt by Sponsor of the entry into a Raffle Drawing. Any attempt to obtain more than one (1) entry into the Promotion using multiple website visits, multiple/different email addresses, identities, automated systems, or any other methods may void your entry into the Raffle Drawings and may also result in disqualification, as determined by Sponsor in its sole and absolute discretion. In the event of a dispute as to any entry, the authorized account holder of the email address associated with the entry submission will be deemed to be the entrant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Potential winner of the Drawing may be required to show proof of being the authorized account holder.

Entry into the Promotion includes an automatic election to receive occasional marketing emails from Sponsor but allows participants to opt-out of the election. To opt-out of receiving future emails, refer to Section 12. ELECTING TO OPT-OUT FROM RECEIVING SUCH EMAILS WILL NOT IMPACT YOUR ODDS OF WINNING.

  1. WINNER SELECTION: During the Promotion Period, Sponsor (or Sponsor’s designee) will conduct one (1) random Drawing on November 15th, 2018 using randomization methods selected by Sponsor in its sole and absolute discretion, to select one (1) potential Drawing Prize winner.

  2. RAFFLE PRIZE WINNER NOTIFICATION AND VERIFICATION: Within fifteen (15) days of each Drawing, the potential winner will be notified by email to the email address provided upon entry. All decisions of Sponsor on all matters relating to this Promotion, including, without limitation, decisions related to its selection and determination of the potential winner of this Promotion shall be final and binding and not subject to challenge or appeal. The potential winner may be required to sign and return an affidavit of eligibility, liability release and/or other related documents (collectively, the “Prize Claim Documents”), each in the form provided by Sponsor. If a potential winner is not able to be contacted by Sponsor within seven (7) calendar days following the date notice or attempted notice is sent, declines the Prize, fails to return the Prize Claim Documents, as applicable, does not complete the verification process within seven (7) calendar days, or is otherwise not in compliance with these Official Rules or the instructions of Sponsor, the Prize may, in Sponsor’s sole and absolute discretion, be forfeited and/or awarded to an alternate potential winner.

All decisions of Sponsor on all matters relating to this Promotion, including, without limitation, decisions related to Sponsor’s selection and determination of the potential winners of the Raffle Drawings, shall be final and binding and not subject to challenge or appeal.

  1. PRIZE/ODDS: The Prize, its approximate retail value (“ARV”) and the odds of winning the Prize are as follows:

Drawing Prize. Subject to verification of eligibility and compliance with these Official Rules, one (1) Drawing Prize winner will receive one (1) Orca Tan 20 QT Cooler with the following specifications:

  • 20-quart storage capacity

  • Tan color

  • Weight: 18lbs

  • Laser etched Natural Gear Logo on lid

  • See specifications below

The ARV of the Natural Gear Orca Tan 20 QT Cooler is two hundred thirty-nine dollars and ninety-nine cents ($239.99 USD).

Odds of winning a Prize depend on the number of eligible entries received at the time of each Raffle Drawing.

ALL FEDERAL, STATE, AND LOCAL TAXES AND FEES ARE THE SOLE RESPONSIBILITY OF THE PRIZE WINNERS. ALL OTHER COSTS AND EXPENSES RELATED TO ANY PRIZE NOT SPECIFIED HEREIN AND OTHER EXPENSES INCURRED BY ACCEPTING A PRIZE ARE ALSO THE SOLE RESPONSIBILITY OF THE WINNER. ANY REQUIRED TAX REPORTING FORMS WILL BE FURNISHED TO THE APPROPRIATE AUTHORITIES. WINNERS MAY BE REQUIRED TO PROVIDE THEIR SOCIAL SECURITY NUMBER OR TAX ID FOR TAX REPORTING PURPOSES IF SPONSOR IS REQUIRED TO FILE AN IRS FORM 1099 WITH THE INTERNAL REVENUE SERVICE FOR THE FAIR MARKET VALUE OF A PRIZE AWARDED AND ACCEPTED.

  1. PRIZE RESTRICTIONS: Each winner is a potential winner until verified by Sponsor. Eligible entrants may only win one (1) Prize during the Promotion Period. No more than the stated number of Prizes will be awarded.

Winning a Prize is contingent upon accepting these Official Rules and fulfilling all requirements of these Official Rules. All Prize details are at the sole and absolute discretion of Sponsor and any depiction of Prizes, in Promotion materials or otherwise, is for illustrative purposes only. No transfer, refund, cash redemption, substitution, replacement or cash equivalent for a Prize or any Prize component will be made, except that Sponsor at its sole and absolute discretion may substitute a Prize with one of another color or with one of equal or greater value for any reason, including but not limited to instances where any aspect of a Prize is unavailable or any Prize related event is delayed, cancelled or postponed. Sponsor shall have no responsibility or obligation to a Prize winner or a potential winner who is unable or unavailable to, or who does not for any reason, accept or utilize the Prize. In the event of non-compliance with these Official Rules, or if the Prize is unclaimed, the Prize will be forfeited. Any forfeited Prize may be awarded to an alternate winner, at Sponsor's sole and absolute discretion.

Prize must be claimed in and shipped to an address in the fifty (50) United States of America, including the District of Columbia, except in Sponsor’s sole and absolute discretion. All Prizes will be delivered to the winner by regular mail, United States Postal Service or courier such as Federal Express. Type of delivery service will be at the sole and absolute discretion of Sponsor. Please allow thirty (30) calendar days for delivery from the date the potential winner has been verified as a winner. Sponsor is not responsible for and will not replace any lost, mutilated, or stolen Prizes. Sponsor assumes no liability for non-deliverability.

PRIZE IS AWARDED AS IS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SOME JURISDICTIONS MAY NOT ALLOW (OR MAY LIMIT) DISCLAIMERS OF CERTAIN WARRANTIES, IN WHICH CASE THE FOREGOING DISCLAIMERS WILL BE ENFORCED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

  1. PUBLICITY RELEASE AND USE OF PERSONAL INFORMATION: Except where prohibited or restricted by law, by participating in this Promotion and/or accepting a Prize, you grant to Sponsor and Sponsor’s designees the right to use and/or publish your full name, city and state of residence, photographs or other likenesses, pictures, portraits, video, voice, testimonials, biographical information (in whole or in part), and/or statements made by you regarding the Promotion, Sponsor, worldwide and in perpetuity for any and all purposes, including, but not limited to, advertising, trade and/or promotion on behalf of Sponsor and/or any of Sponsor’s designees, in any and all forms of media, now known or hereafter devised, including, but not limited to, print, TV, radio, electronic, cable, or World Wide Web, without further limitation, restriction, compensation, notice, review, or approval.

By entering the Promotion, you acknowledge you will be sharing your personal information with Sponsor. In addition, by entering, you agree to Sponsor’s use of your personal information in accordance with its online privacy policy, available at https://www.Natural Gear.com/privacy-policy/. Please refer to Sponsor’s privacy policy for important information regarding the collection, use and disclosure of personal information.

YOU FURTHER ACKNOWLEDGE THAT YOUR PERSONAL IDENTIFYING INFORMATION MAY BE DISCLOSED TO THIRD PARTIES INCLUDING, WITHOUT LIMITATION, PLACING YOUR NAME ON A WINNERS’ LIST AND ON SPONSOR’S WEBSITE.

  1. GENERAL CONDITIONS AND RELEASE: By entering this Promotion, you agree to be bound by all terms of these Official Rules and to release, hold harmless, covenant not to sue, and forever discharge the Promotion Entities (all such individuals and entities collectively referred to herein as the “Released Parties”), from, against, and as to any and all third-party claims, actions, damages, losses, liabilities, costs, expenses, injuries or causes of action of any kind that in any way now or hereinafter may arise from or relate to the Promotion including without limitation, in connection with (i) the administration of the Promotion, including without limitation typographical, printing, seeding, technical malfunctions, or other errors (human or otherwise) relating to or in connection with the Promotion, the processing of entries, the announcement of any Prizes or any related materials, inaccurate, fraudulent, incomplete, illegible, late, lost, stolen, misdirected, undelivered, incomplete, damaged or postage due entries or mail, or any delays in delivery or lack of availability of any Prize or Prize materials, and/or (ii) your participation in this Promotion or acceptance or use of any Prize, and for any claims or causes of action based on publicity rights, defamation or invasion of privacy. Released Parties assume no responsibility for any damage to your or any other person’s computer system, mobile device or tablet which is occasioned by participating in the Promotion, or for any computer system, mobile device, tablet, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature. No mechanically reproduced, illegible, incomplete, forged, software-generated or other automated multiple entries will be accepted. Under no circumstances will you be permitted to obtain awards for, and you hereby waive all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. Some jurisdictions do not allow the limitations or exclusion of liability for punitive, incidental or consequential damages, in which case the liability of the Released Parties will be limited to the maximum extent permitted by law.

Without limiting the foregoing, in the event the Sponsor is prevented from continuing with the Promotion as contemplated herein or by any event beyond their control, including, but not limited to, a force majeure, fire, flood, epidemic or other national health emergency, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared,) or any federal, state or local government law, order, or regulation, order of any court or jurisdiction, public health crisis, or other cause not reasonably within their control, then they shall have the right to modify, suspend, extend or terminate the Promotion. In the event that the Promotion is terminated, cancelled or postponed for any reason whatsoever, the ARV of the Prizes will be awarded to the extent required by law.

Sponsor reserves the right, at its sole and absolute discretion, to disqualify any individual who tampers in any way with any part of the Promotion and/or who submits a fraudulent entry or an entry not otherwise in accordance with these Official Rules, and to cancel, terminate, modify or suspend the Promotion or any element thereof. Sponsor also reserves the right in its sole and absolute discretion to disqualify any individual who is found to be (i) acting in violation of these Official Rules, including, but not limited to, entering or attempting to enter the Promotion through the use of any robotic or automated devices; or (ii) with the intent to disrupt or undermine the legitimate operation of the Promotion; or (iii) otherwise acting in violation of the Natural Gear’s Policies

ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK CIVIL AND/OR CRIMINAL PROSECUTION AND DAMAGES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. In the event that any provision of the Official Rules is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision. Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the Official Rules or any provision hereof.

  1. GOVERNING LAW AND JURISDICTION: You agree that: (i) any and all disputes, claims, and causes of action arising out of or connected with this Promotion, these Official Rules or any Prize awarded shall be resolved individually, without resort to any form of class action; (ii) any and all disputes, claims, and causes of action arising out of or connected with this Promotion, these Official Rules or any Prize awarded, shall be resolved exclusively by the United States District Court or the appropriate Arkansas State Court located in Pulaski County, Arkansas; (iii) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but will in no event include attorneys’ fees; and (iv) under no circumstances will you be permitted to obtain awards for, and you hereby waive all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. Some jurisdictions do not allow the limitations or exclusion of liability for punitive, incidental or consequential damages, in which case the liability of the Sponsor and Released Parties will be limited to the maximum extent permitted by law. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of you and the Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of Arkansas, without giving effect to any choice of law or conflict of law rules (whether of the State of Arkansas or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Arkansas.

  2. EXTENDED MEANINGS; CURRENCY: Unless otherwise specified in these Official Rules, words importing the singular include the plural and vice versa and words importing gender include all genders. All dollar amounts referred to in these Official Rules are in lawful money of the United States of America.

  3. OPT-OUT: If you do not wish to receive any marketing emails or further notices from the Sponsor regarding promotional offerings, please click on the “UNSUBSCRIBE” button at the bottom of the corresponding email. Please allow for five (5) business days to be removed from the mailing list.

  4. OFFICIAL RULES AND WINNERS' LIST: Official Rules are available at https://www.Natural Gear.com/(insert when created). You may obtain a copy of the Winners’ List by mailing a self-addressed, stamped envelope to Natural Gear, Attn: “Natural Gear Orca Tan 20 QT Cooler Giveaway Winners’ List,” 9823 Hilaro Springs Rd., Little Rock, AR 72209. Requests must be received no later than three (3) months after the completion of the Promotion Period.

  5. SPONSOR: The Promotion is sponsored by Natural Gear, 9823 Hilaro Springs Rd., Little Rock, AR 72209. Any and all questions, comments or complaints regarding the Promotion must be directed only to Sponsor.