NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE OR PAYMENT WILL NOT INCREASE OR IMPROVE YOUR CHANCES OF WINNING. SUBSCRIBING TO JERROD NEIMANN’S OFFICIAL E-NEWSLETTER IS ALSO NOT NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES AND WILL NOT INCREASE OR IMPROVE YOUR CHANCES OF WINNING. ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ENTRIES RECEIVED FOR EACH TOUR DATE THAT IS THE SUBJECT OF THIS SWEEPSTAKES. VOID WHERE PROHIBITED BY LAW. AFFIDAVIT OF ELIGIBILITY / RELEASE OF LIABILITY / PRIZE ACCEPTANCE AGREEMENT MAY BE REQUIRED. ONLINE ENTRY ONLY AND INTERNET CONNECTION REQUIRED. BY ENTERING THIS SWEEPSTAKES, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE CONTEST ENTITIES FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
1. BINDING AGREEMENT: In order to enter Zippo Manufacturing Company’s Jerrod Niemann Ticket Sweepstakes (the “Sweepstakes”), you (“You(r)”) must agree to these Official Rules (the “Rules”). Therefore, please read these Rules prior to entry to ensure You understand and agree. You may not submit an entry to the Sweepstakes and are not eligible to receive the prizes described in these Rules unless You agree to these Rules. These Rules form a binding legal agreement between You and Zippo Manufacturing Company (“Zippo” or “Sponsor”) with respect to the Sweepstakes. By entering the Sweepstakes, You (or Your parent/legal guardian if You are a minor in Your jurisdiction of primary residence, on their and Your behalf) agree to be bound by these Rules.
2. ELIGIBILITY: The Sweepstakes is open only to legal residents of the fifty (50) United States and the District of Columbia, who are eighteen (18) years of age or older with Internet access at the time of entry. Only entrants logging onto the Internet from within the fifty (50) United States and the District of Columbia are eligible to enter the Sweepstakes. Zippo, its advertising and promotion agencies and its retailers, together with their respective parents, subsidiaries and affiliates (collectively, the “Sweepstakes Entities”), and the directors, employees and officers of all of the aforesaid organizations, along with all such persons’ immediate family members (regardless of where they live) and household members (whether or not related) are not eligible to enter or win.
3. SPONSOR: The Sweepstakes is sponsored by Zippo, a Pennsylvania company with a principal place of business at 33 Barbour Street, Bradford, PA, 16701, USA. Zippo and its parents, affiliates and subsidiaries are not responsible for the promotion, administration, or execution of this Sweepstakes. The Sweepstakes is not sponsored, endorsed, administered by or otherwise associated with Facebook.
4. SWEEPSTAKES PERIOD: The Sweepstakes begins on Monday, July 21, 2014 at 12:01 pm Eastern Time (ET) and ends on Monday August 18, 2014 at 11:59 am Eastern Time (ET) (the “Sweepstakes Period”). All dates are subject to change.
5. HOW TO ENTER: NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE OR PAYMENT WILL NOT INCREASE OR IMPROVE YOUR CHANCES OF WINNING. SUBSCRIBING TO JERROD NEIMANN’S OFFICIAL E-NEWSLETTER IS ALSO NOT NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES AND WILL NOT INCREASE OR IMPROVE YOUR CHANCES OF WINNING.
There will be a separate Sweepstakes drawing for each tour date specified in Exhibit A. For each entry, You will need to specify the one (1) tour date for which you are entering the Sweepstakes. Each entry will be included in the random drawing for the tour date to which it relates and will not be included in the random drawing for any other tour dates that are the subject of this Sweepstakes.
Each tour date will have its own Sweepstakes entry period. Sweepstakes entry begins on Monday, July 21, 2014 at 12:01 pm Eastern Time (ET) and ends at 11:59 am ET on the date which is four (4) calendar days prior to the tour date to which your entry relates. (each such period an “Entry Period”). For instance, the Entry Period for the August 8 Tour Date in Raleigh, NC starts on Monday, July 21, 2014, at 12:01 pm ET and ends on August 4, 2014 at 11:59 am ET.
There is one (1) method of entry for this Sweepstakes. It can only be entered online and as described below. To enter the Sweepstakes, go to facebook.com/zippoencore (the “Website”) during the applicable Entry Period and follow the links and instructions for online entry. Completely fill out the online entry form and submit it in accordance with the on-screen instructions. All online entries must be received by Sponsor during the applicable Entry Period.
Limit one (1) entry per entrant, per day, in the Sweepstakes. For the avoidance of doubt, You may not submit entries for more than one (1) tour date on any one (1) day. Subsequent entries will be disqualified. Each entry will be deemed to have been made as of the time of its receipt by Sponsor in United States Eastern Standard Time. The authorized account holder of the email address used to enter will be deemed to be the entrant. The potential winner may be required to show proof of being the authorized account holder. The “authorized account holder” is the natural person assigned to an email address by an Internet service provider, online service provider, or other organization responsible for assigning email addresses for the domain associated with the submitted email address.
Submitting mass entries or entries generated by a script, macro or use of automated devices is prohibited and will result in disqualification. No submissions will be returned. Proof of online submission or mailing will not be deemed to be proof of receipt of entry by Sponsor.
6. DrawingS: A separate drawing will be held for each tour date specified in Exhibit A. Each drawing will be held on the final day of the Entry Period to which it relates. For instance, the Entry Period for the August 8 Tour Date in Raleigh, NC starts on Monday, July 21, 2014 and, therefore, the drawing relative to that tour date will be held on August 4, 2014. Prize winners (each a Winner and collectively the Winners) will be randomly selected by Sponsor (whose decisions are final) from the pool of all eligible entries received for the particular tour date that is the subject of that Sweepstakes drawing. Prize drawings for certain tour dates specified as such in Exhibit A will each have total of (2) Winners (consisting of one (1) First Prize Winner and one (1) Second Prize Winner). Prize drawings for certain other tour dates specified as such in Exhibit A will each have a total of four (4) Winners (consisting of two (2) First Prize Winners and two (2) Second Prize Winners). First Prizes and Second Prizes are defined in Section 7, immediately below.
7. PRIZE/ODDS: Only the first randomly drawn entrant in each drawing under this Sweepstakes that has a total of two (2) Winners will receive a First Prize (defined below) and only the second randomly drawn entrant in each such drawing will receive a Second Prize (defined below). Only the first two (2) randomly drawn entrants in each drawing under this Sweepstakes that has a total of four (4) Winners will each receive a First Prize (defined below) and only the second two (2) randomly drawn entrants in each such drawing will each receive a Second Prize (defined below). Each “First Prize” consists solely of: one (1) pair of General Admission tickets and one (1) pair of Meet and Greet Passes for the tour date that is the subject of the drawing. Each “Second Prize” consists solely of: one (1) Pair of General Admission tickets for the tour date that is the subject of the drawing. The Approximate Retail Value (“ARV”) of each First Prize and Second Prize is stated in Exhibit “A”. The aggregate ARV of all prizes to be awarded in this Sweepstakes is, likewise, stated in Exhibit “A”. The ARV of each prize is based on available information provided to Sponsor. Each Winner is responsible for any and all taxes that may become payable by that Winner based on the approximate retail value of his or her prize. Any and all costs, taxes, expenses and/or terms not specifically described as part of the prize are the sole responsibility of each Winner. The odds of winning depend on the total number of entries received.
8. DISCLAIMER OF WARRANTY: EXCEPT TO THE EXTENT THAT MAY BE PROVIDED, IN WRITING, ALONG WITH THE PRIZES, ALL PRIZES ARE AWARDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE).
9. NOTIFICATION OF WINNERS: Winners will be notified at least two (2) calendar days prior to the tour date to which their prize relates. The Winners will be notified by telephone and/or email (Sponsor reserves the right to determine notification method). Each Winner must claim his/her prize within one (1) calendar day after prize notification, or an alternate Winner will be selected. The Winners will be required to complete, execute and return an Affidavit of Eligibility, Liability Release, and where permitted, a Publicity Release. Failure to return these documents as specified therein will result in disqualification of the applicable Winner(s). If prize notification is unsuccessful or a prize is returned as undeliverable, that Winner will be disqualified. The age of majority varies by jurisdiction. If applicable, a prize won by a minor may be awarded in the name of the minor’s parent/legal guardian, or in the name of their parent/legal guardian on their behalf, or forfeited as determined solely and finally by Sponsor. Sponsor reserves the right to ship prizes directly to the mailing addresses provided by the Winners at the time of Sweepstakes entry. The Winners may be required to show proof of U.S. citizenship or lawful permanent residency, and identification, at the request of Sponsor for verification. If a Winner is disqualified, deemed to be ineligible or cannot accept a prize as stated pursuant to these Rules for any reason, his/her prize will be deemed forfeited and an alternate Winner will be selected at random from the remaining eligible entries.
11. GENERAL CONDITIONS: By participating in this Sweepstakes, You agree to forever release, discharge, and hold harmless the Sweepstakes Entities, as well as Facebook, from and against any liability whatsoever for any and all claims, costs, losses, or damages of any kind (including, without limitation, those related to personal injury, death, damage to property, infringement of proprietary rights, rights of publicity, privacy or defamation) arising out of or in connection with Your or any third party’s participation in the Sweepstakes and/or Sweepstakes-related activity including, but not limited to award, acceptance, use or misuse of any Sweepstakes prize. You further agree to indemnify and hold harmless the Sweepstakes Entities, as well as Facebook, from and against any and all liability resulting or arising from the Sweepstakes and to release all rights to bring any claim, action or proceeding against Sweepstakes Entities and/or Facebook. By accepting the prize, each Winner grants to Sponsor the right to use and publish his/her name, biographical information, portrait, picture, voice and likeness for trade, advertising and promotional purposes in any and all known media, in perpetuity, solely in connection with the Sweepstakes, all without further compensation, notification, review or approval, except where prohibited by law. No prize may be transferred, redeemed for cash, or substituted, except that Sponsor may substitute any prize with a prize of comparable value should a stated prize become unavailable.
If, for reasons beyond Sponsor’s control (including, but not limited to, tampering, false or fraudulent entries or computer virus infection), the Sweepstakes is not able to run as planned, Sponsor, at its sole and absolute discretion, reserves the right to cancel or modify the Sweepstakes, without notice or liability. In such event, Sponsor reserves the right in its sole discretion to award the prize(s) at random from among eligible, non-suspect entries received up to the time of suspected impairment. Sponsor reserves the right to disqualify any individual it finds to have tampered with the entry process or the operation of the Sweepstakes or Website or to be acting in violation of these Rules or the law, and reserves the right to seek prosecution of such individual to the full extent of the law.
12. SPONSOR IS NOT RESPONSIBLE FOR: (a) Incorrect or inaccurate transcription of entry information or late, lost, stolen, unintelligible, illegible, damaged, mutilated, altered, incomplete, misdirected or entries received through impermissible or illegitimate channels, all of which will be disqualified; (b) technical failures of any kind, including but not limited to the malfunctioning of any telephone, computer online systems, computer equipment, website, server, service provider, network, hardware or software; (c) the unavailability or inaccessibility of any website or service; (d) unauthorized intervention in any part of the entry process of this Sweepstakes; (e) printing, typographical, electronic or human errors which may occur in the offer or administration of this Sweepstakes or the processing of entries; or (f) any injury or damage to persons or property, including but not limited to Your computer, which may be caused, directly or indirectly, in whole or in part, from Your participation in this Sweepstakes, or from viewing, playing or downloading any material from the Website or Sponsor’s website, regardless of whether the material was prepared by Sponsor or a third party, and regardless of whether the material is connected to the Website or Sponsor’s website by a hypertext link.
13. GOVERNING LAW/LIMITATION OF LIABILITY: All issues and questions concerning the construction, validity, interpretation and enforceability of the Rules or the rights and obligations of You, Sponsor or the Sweepstakes Entities in connection with the Sweepstakes will be governed by and construed in accordance with the internal laws of the State of Pennsylvania, without giving effect to any conflict of law rules or provisions that would cause the application of any other laws.
BY ENTERING THE SWEEPSTAKES, 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, 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) NOT TO EXCEED Fifty us dollars (US$50), 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 NOT TO EXCEED fifty us dollars (US$50), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANTS’ 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 YOU.
14. DISPUTE RESOLUTION: The parties each agree to finally settle all disputes only through arbitration; provided, however, the Sponsor shall be entitled to seek injunctive or equitable relief in the state and federal courts of McKean County or any other court with jurisdiction over the parties. In arbitration, there is no judge or jury and review is limited. The arbitrator’s decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to this Sweepstakes shall be resolved solely by binding arbitration before a sole arbitrator under the Streamlined Arbitration Rules of JAMS, Inc. (“JAMS”) or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a “Demand for Arbitration”, then either party can elect to have the arbitration administered by the American Arbitration Association (“AAA”) any other mutually agreeable arbitration administration service. If an in-person hearing is required, then it will take place in Chicago, IL, New York City, NY, Los Angeles, CA, Atlanta, GA or Dallas, TX (whichever is closest to Your residence); provided, however, that if none of those locations are convenient for the hearing, the parties may mutually agree on an alternative location. The federal or state law that applies to these Rules will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn’t apply and the dispute must be brought in a court of competent jurisdiction in or for McKean County, Pennsylvania. Sponsor agrees to pay the administrative and arbitrator’s fees in order to conduct the arbitration (but specifically excluding any travel or other costs to You to attend the arbitration hearing). Either party may, notwithstanding this provision, bring qualifying claims in small claims court.
15. WINNERS LIST: For a list of winners, mail a self-addressed stamped envelope to: Zippo Jerrod Niemann Ticket Sweepstakes c/o Event Marketing, 33 Barbour St., Bradford, PA 16701.
List of Tour Dates with Two (2) Winners: (One (1) First Prize Winners and One (1) Second Prize Winners):
- August 8th, Raleigh, NC ARV each First Prize: $260. ARV each Second Prize: $240
- August 9th, Virginia Beach, VA ARV each First Prize: $260. ARV each Second Prize: $240
- August 15th, Holmdel, NJ ARV each First Prize: $260. ARV each Second Prize: $240
- August 16th, Hartford, CT ARV each First Prize: $260. ARV each Second Prize: $240
- August 17th, Bethel, NY ARV each First Prize: $320. ARV each Second Prize: $300
- August 22nd, Charlotte, NC ARV each First Prize: $260. ARV each Second Prize: $240
List of Tour Dates with Four (4) Winners: (Two (2) First Prize Winners and Two (2) Second Prize Winners):
- August 12th, Harrisonburg, VA ARV each First Prize: $200. ARV each Second Prize $160
- August 14th, Marysville, OH ARV each First Prize: $120. ARV each Second Prize $80
ARV of all prizes: $4,240.00