TCK PUBLISHING FACEBOOK SWEEPSTAKES RULES
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN.
THE PURCHASE OF ANY GOOD OR SERVICE WILL NOT INCREASE YOUR CHANCES OF WINNING. THE TCK PUBLISHING SWEEPSTAKES (THE “SWEEPSTAKES”) IS VOID OUTSIDE OF THE UNITED STATES AND WHEREVER PROHIBITED BY LAW. THESE OFFICIAL RULES (“RULES”) ARE A LEGALLY BINDING AGREEMENT BY AND BETWEEN YOU AND SPONSOR (AS DEFINED BELOW) AND GOVERN YOUR ENTRY IN THE SWEEPSTAKES. THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED, ADMINISTERED BY OR ASSOCIATED WITH FACEBOOK.
1. SPONSOR. The sponsor of this Sweepstakes is TCK Publishing, 16641 Brick Road, Granger, IN 46530 (“Sponsor”).
2. SWEEPSTAKES ENTRY PERIOD. The Sweepstakes begins EST at the date and time specified in the sweepstakes details as posted on the TCK Publishing Facebook Fan Page wall and ends at the date and time specified in the TCK Publishing Facebook Fan Page wall post (“Promotion Period”) (Approximately June 23, 2014 to July 23, 2014). All entries must be received during the Promotion Period. The Sponsor’s computer is the official time keeping device for online entry into the Sweepstakes. No entries into the Sweepstakes will be accepted before or after the Promotion Period.
3. ELIGIBILITY. The Sweepstakes is open to legal residents of the fifty (50) states of the United States of America and the District of Columbia who are 18 years of age or older as of the start of the Promotion Period and any International citizen of the world who is above 18 years of age. Employees of the Sponsor, its affiliates, subsidiaries, management companies, advertising agencies and marketing companies and the immediate families of any of its respective employees or persons with whom such employees are domiciled are not eligible to enter or win the Sweepstakes.
4. HOW TO ENTER. To enter, go to https://www.facebook.com/tckpublishing (the “Site”) during the Promotion Period and follow the online instructions to complete the entry to enter the Sweepstakes. All entries must be received by the end of the Promotion Period. Entrants must provide all required information for their entry to be eligible. Upon submission, all entries (subject to your rights in the Personal Data (defined below) specified on the entry form) shall become the exclusive property of the Sponsor and will not be acknowledged or returned. The Sponsor reserves the right to, and at its sole discretion may, reject any entry for failure to comply with these entry requirements. The Sponsor assumes no responsibility for lost, late, or incomplete entries. Limit one (1) entry per person or household. Multiple entries from any one person or household will be disqualified.
6. WARRANTIES AND CONSENTS. By completing and submitting an entry form, you: (a) represent and warrant that (i) you have read, and agree to be bound by, these Rules per the instructions included in the TCK Publishing Sweepstakes tweet and any applicable policies or procedures posted on Facebook, (ii) based on the Rules, you are eligible to participate in the Sweepstakes, and (iii) all of the information provided as part of your entry is accurate, does not violate any third party’s legal rights (including without limitation rights of privacy and publicity), and otherwise does not violate applicable law; (b) consent to the use of your name and/or likeness by the Sponsor for promotional purposes (whether online, in print or through any other media now known or hereafter developed), without additional compensation or authorization unless prohibited by law; and (c) agree to be bound by the interpretations of these Rules by the Sponsor which are final in all matters relating to the Sweepstakes; and (d) acknowledge that this Sweepstakes is in no way sponsored, endorsed, administered by or associated with Facebook.
7. WINNER SELECTION. Winners will be selected in a random drawing from among all eligible entries received by the Sponsor no later than 72 hours after the end of the Promotion Period. The Sponsor’s decisions regarding the Sweepstakes are final on all matters. Odds of winning depend on the total number of eligible entries received.
8. WINNER NOTIFICATION; PRIZE AWARDING. The Sponsor will notify the Winners by posting on the TCK Publishing Facebook Fan Page within 48 hours after the end of the Promotion Period. Each winner will be required to execute and return an Affidavit of Eligibility and Liability/Publicity Release (the “Affidavit”) (where permitted and applicable) within fourteen (14) days of notification (first attempted delivery) to the Sponsor. If a winner is under the age of eighteen (18) years of age, but an eligible minor in his/her state of residence, the prize will be awarded to a parent/legal guardian of winner who must execute and return any required documents as noted previously in these Rules. By completing, signing and returning the Affidavit, a winner (i) confirms compliance with these Rules, (ii) releases and forever discharges the Sponsor, its affiliates and subsidiaries, and their respective advertising and promotional agencies from all claims, demands, damages, actions and causes of action arising or to arise by reason of the acceptance or use of the prize, and (iii) gives permission to the Sponsor, at its option, to publish or otherwise use the winner’s name, address, photograph, voice and comments, without compensation, in any publicity carried out by the Sponsor or its respective advertising agencies, except where prohibited by law. Prizes will be awarded by the Sponsor to the winners only on verification that all the Sweepstakes requirements have been met by the winners. Each prize must be accepted as awarded and no substitution, transfer, conversion or assignment of prizes will be allowed, except upon the Sponsor’s sole discretion. The Sponsor may substitute a prize of comparable or greater value. All federal, state, and other taxes, are solely the responsibility of the winners. Prize winners will be issued an IRS form 1099. Each Winner grants (and agrees to confirm this grant in writing, if requested) permission for the Sponsor to use their name, photograph, likeness, statements, voice and address (city and state) on a worldwide basis, and in all forms of media, in perpetuity, without notice or further compensation except where prohibited by law. Failure of winner to comply with the above prize claim requirements for any reason, or the return of any prize notification or prize as undeliverable, or the determination that a winner is ineligible to receive a prize, may result in forfeiture of the prize and result in an alternate winner being selected in accordance with these Rules. The Sponsor is not responsible for a change in your Facebook account that renders the Sponsor unable to notify you.
9. PRIZES. The Grand Prize winner will receive a prize as described in the TCK Publishing Facebook Fan Page Sweepstakes post (Approximate retail value (“ARV”) of each item as described on the Facebook Fan Page).
10. GENERAL RULES. BY PARTICIPATING IN THIS SWEEPSTAKES, YOU AGREE TO BE BOUND BY THESE RULES, the Facebook Statement of Rights and Responsibilities and any other terms that apply to your use of Facebook’s policies and procedures and any other terms that apply to your use of Facebook AND THE DECISIONS OF THE SPONSOR AND TO RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS THE SPONSOR, FACEBOOK AND THE SPONSOR’S PROMOTION ENTITIES FROM AND AGAINST ANY AND ALL LIABILITY WHATSOEVER FOR ANY CLAIMS, COSTS, INJURIES, LOSSES OR DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR PARTICIPATION IN THE SWEEPSTAKES, OR DOWNLOADING OR ACCESSING OF ENTRY MATERIALS, OR THE ACCEPTANCE, POSSESSION OR USE/MISUSE OF ANY PRIZE AWARDED HEREIN, ANY SERVICES PROVIDED BY PARTIES OTHER THAN THE SPONSOR IN CONNECTION WITH THE PRIZE AWARDED, OR PARTICIPATION IN ANY PRIZE-RELATED ACTIVITY (INCLUDING, WITHOUT LIMITATION, CLAIMS, COSTS, INJURIES, LOSSES OR DAMAGES RELATED TO PERSONAL INJURIES, DEATH, DAMAGE TO, LOSS OR DESTRUCTION OF PROPERTY, RIGHTS OF PUBLICITY OR PRIVACY, DEFAMATION OR PORTRAYAL IN A FALSE LIGHT). By entering, you agree that all issues and questions concerning the construction, validity, interpretation, and enforceability of these Rules, your rights and obligations, or the rights and obligations of the Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of State of California without giving effect to any choice of law or conflict of law rules. By entering you consent to the jurisdiction and venue of the federal, state and local courts located in California.
11. RELEASE. You agree to release all rights to bring any claim, action or proceeding against the Sponsor or Facebook, further covenant not to sue the Sponsor or Facebook and hereby acknowledge that the Sponsor and Facebook have not made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to the Sweepstakes or the Prize.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE ANY AND ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” You expressly waive and release any right or benefit which you have or may have under Section 1542 of the Civil Code of the State of California, to the full extent that you may waive all such rights and benefits pertaining to the matters released here. In connection with such waiver and relinquishment, you acknowledge that you are aware that you may hereafter discover claims presently unknown or unsuspected, or facts in addition to or different from those which you now know or believe to be true, with respect to the matters released herein; nevertheless, it is your intention through this release to fully and finally and forever settle and release all such matters and claims relative thereto, which do not exist, may exist or heretofore have existed between yourself and Sponsor or Facebook. The release herein given shall be and remain in effect as a full and complete release of such claims and matters notwithstanding the discovery or existence of any such additional or different claims or facts relative thereto.
12. INTERNET. The use of any automated launching or entry software or any other mechanical or electronic means that permits you to automatically enter repeatedly is prohibited. Any use or attempt to use by you of such means to enter the Sweepstakes will result in your disqualification from the Sweepstakes. You may not enter the Sweepstakes with multiple entries or use any other device or artifice to enter multiple times or as multiple registrants. Any one who attempts to enter with multiple email addresses under multiple identities or uses any device or artifice to register multiple times will be disqualified and forfeit any prize won. If for any reason the Sweepstakes is not capable of running as planned due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Sweepstakes, the Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify, or suspend the Sweepstakes. In the event that the Sweepstakes is cancelled or terminated prior to the stated end date, Sponsor will randomly select the winners for the Sweepstakes from among all eligible, non-suspect, entries received prior to the time of the action or event warranting such cancellation/termination. Proof of entering information on the Site is not considered proof of delivery or receipt by the Sponsor. 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 electronic transmissions or entries that are lost, late, stolen, incomplete, illegible, damaged, garbled, destroyed or misdirected, or for any problems or technical malfunction of any telephone network or telephone lines, computer on-line systems, servers, or providers, computer equipment, software, failure of any entry to be received by the Sponsor on account of technical problems, human error or traffic congestion on the Internet or at any Website, or any combination thereof, or for any injury or damage to your or any other person’s computer relating to or resulting from your participation in the Sweepstakes or the downloading or accessing of any materials in the Sweepstakes.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO DISQUALIFY AND SEEK DAMAGES OR OTHER REMEDIES FROM YOU AND ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. In the event of a dispute as to the identity of a potential winner based on an email address, the potential winning entry will be declared made by the authorized account holder of the email address submitted at time of entry, provided such person meets the eligibility requirements of these Rules. “Authorized account holder” is defined as the natural person who is assigned to an email address by an Internet access provider, on-line service provider or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.
13. WINNERS’ NAMES. For the winners’ names, which shall be available within 72 hours of the end of the Promotion Period, please check the Sponsor’s Facebook account page: https://www.facebook.com/tckpublishing
These terms and conditions (“Terms”) apply to the TCK Publishing Sweepstakes (“Sweepstakes”).
NO PURCHASE NECESSARY TO PARTICIPATE. MAKING A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING THE SWEEPSTAKES. VOID WHERE PROHIBITED BY LAW.
THESE TERMS ARE A LEGALLY BINDING AGREEMENT BY AND YOU AND SPONSOR (DEFINED BELOW) AND GOVERNS YOUR ENTRY IN THE SWEEPSTAKES. BY PARTICIPATING IN THE SWEEPSTAKES, YOU AGREE TO ABIDE BY THESE TERMS AND ANY RULES, POLICIES OR PROCEDURES OF FACEBOOK. Failure to comply with these Rules will void your entry.
This Sweepstakes is in no way sponsored, endorsed, administered by or associated with Facebook. You understand that you are providing your information to Sponsor and not to Facebook.
GRAND PRIZE DETAILS: Grand Prize consists of one Kindle Fire HDX as described on the Facebook Fan Page. The winners are responsible for all other charges, costs or expenses of any kind not listed in the Prize Details including, but not limited to, batteries, additional watch straps, product warranties, etc. No substitution, cash redemption or transfer of any Prize is allowed, except at the sole discretion of Sponsor. The winner will be required to sign a release and waiver. The winner is responsible for the reporting and payment of all applicable federal, state and local taxes (including income taxes) associated with the Grand Prize and will and hereby does hold Sponsor harmless from liability for failure to timely report and/or pay such taxes.
GENERAL CONDITIONS AND RELEASES: You may be disqualified from the Sweepstakes for failing to comply with these Terms or Facebook’s rules, policies and procedures, as determined in the sole discretion of Sponsor. Sponsor shall not be liable for 1) failed, returned or misdirected notifications based on inaccurate information provided by the winner on the entry form, 2) entries and responses to winner notifications which are lost, late, incomplete, illegible, unintelligible, postage-due, misdirected, damaged or otherwise not received by the intended recipient in whole or in part or for computer or technical error of any kind, 3) any electronic miscommunications or failures, technical hardware or software failures of any kind, lost or unavailable network connections, or failed incomplete, garbled or delayed computer transmissions which may limit ability to participate in the Sweepstakes, 4) any technical malfunctions of the telephone network, computer on-line system, computer equipment, software, program malfunctions or other failures, delayed computer transactions or network connections that are human, mechanical or technical in nature, or any combination thereof, including any injury or damage to your or any other person’s computer related to or resulting from downloading any part of this Sweepstakes or 5) any warranty of fitness or merchantability of any prize or the function or operation thereof. Sponsor does not make any, and hereby disclaims any and all, representations or warranties of any kind regarding any prize. Unless prohibited by applicable law, participation constitutes permission to use your name, photograph, likeness, voice, address (city and state) and testimonials in all media, in perpetuity, in any manner Sponsor deems appropriate for publicity purposes without any further compensation. By participating in the Sweepstakes, you agree to conform to all federal, state and local laws and regulations. The winner may be required to furnish proof of identity, address and birth date in order to receive the prize.