The Lawn Institute 2018 Gun Draw Official Rules

Transcription

1 The Lawn Institute 2018 Gun Draw Official Rules OFFICIAL RULES: By participating, entrants agree to be bound by these Official Rules and by the decisions of Sponsor, which shall be binding and final as to all matters related to the Drawing. The Drawing is subject to all applicable federal, state, and local laws. SPONSOR: The Lawn Institute, 444 E. Roosevelt, #346, Lombard, IL USA. NET PROCEEDS: All net proceeds of the Drawing will benefit Sponsor, a 501(c) (3) charity, and the programs that Sponsor supports. Programs include, but are not limited to, research pertinent to the better understanding of turfgrass products and new turfgrass cultivars; scholarship awards to students pursuing an associate degree, bachelor s, master s, or doctorate degree, as defined by The Lawn Institute Scholarship program; public education and outreach to promote the benefits the turfgrass provides. PRIZES: Winners will be selected by random Drawing. Each winner will win one of the prizes listed on the TLI website. The specific Prize awarded to the winner will be determined by Sponsor in its sole discretion. The Prize is awarded "AS IS", and Sponsor and the Released Parties (defined herein) expressly disclaim any warranties, express or implied, including but not limited to the warranties of merchantability and fitness for a particular purpose, relating to the Prize in any way. Winner may choose to substitute the Prize for a Visa gift card equivalent to the stated market value of the Prize. ELIGIBILITY TO ENTER: During the Entry Period specified below, Drawing tickets may be purchased in accordance with these Official Rules from an authorized TLI representative or online at Drawing tickets may be purchased ONLY BY PERSONS WHO ARE OF LEGAL AGE TO OWN A HANDGUN IN THEIR STATE OF RESIDENCE. This Drawing is VOID WHEREVER PROHIBITED BY LAW. The following persons are NOT ELIGIBLE to participate in the Drawing or to win any Prize: Employees or contracted agents of The Lawn Institute and immediate family members of any Ineligible Party. "Immediate family members" means spouses, parents, grandparents, children, grandchildren, and siblings (and any of their respective spouses) of an Ineligible Party. PURCHASING DRAWING TICKETS: Each Drawing ticket will cost $25.00 (Twenty-Five Dollars) per ticket when purchased individually. When tickets are purchased in sets of five (5), the five tickets will be sold as a single unit for $ (One Hundred Dollars). Your ticket is a receipt for your purchase and represents one opportunity to win one of the guns listed on the Drawing ticket. Winners must register all necessary paperwork to take ownership of the guns at their own cost. Ticket purchases are not tax deductible. Winning ticket holders need not to be present to win. Ticket sales shall end at 6:00 pm on Tuesday, February 13, By purchasing a Drawing ticket, winners agree to allow The Lawn Institute to release their names and use their likeness to promote the Drawing or to announce the winner. No compensation will be given for the use of photos and/or testimonials. Winners will also be listed on the website within 10 business days of Drawing. The Lawn Institute 2018 Gun Draw ("Drawing") begins on Monday, November 13, 2017 and ends on Thursday, February 15, 2018 (Drawing Period), unless extended according to the terms contained herein. The Drawing is conducted by The Lawn Institute with the physical address of 2200 S. Main St, #203, Lombard, IL USA.

2 The Internal Revenue Service takes the position that no portion of the Drawing ticket price will qualify as a charitable contribution for federal income tax purposes. For all credit card purchases, the Entrants must provide the full name, billing address of the cardholder and the credit card number, expiration date and three-digit personal security code. Once an Entrant's order is processed, The Lawn Institute will mail the receipt (ticket stub) to the name provided on the Entry Form or to the operator. TRANSFER/RESALE OF DRAWING ENTRIES: Persons who purchase Drawing tickets may opt to give away or otherwise transfer their Drawing tickets to others, but in doing so they give up any claim they might otherwise have to the Prizes if they surrender a winning Drawing ticket. All purchasers of Entries must provide their names, telephone numbers and (if available) addresses at the time of purchase. VALIDITY AND ELIGIBILITY OF ENTRIES: Sponsor shall be the sole judge of the validity and eligibility of all Entries. Entries generated by script, macro or other automated or mechanical means are void. Entries which have been or appear to be tampered with are void. All Entry purchases shall be final, and no refunds or replacements will be issued by Sponsor. All Drawing Entries must be purchased no later than 6:00 p.m. MT on the End Date, whether purchased in person or on the Internet. DRAWING: A maximum of 5,000 tickets will be sold. Potential winners will be selected in a random drawing from eligible Entries received (the "Drawing"). The Drawing will be held at 3800 E. Sunrise Dr., Tucson, AZ on February 15, 2018 at or around 7:30 p.m. MT. The winning ticket numbers will be displayed on as soon as practical after the Drawing. The owners of the winning Drawing ticket numbers will have until 11:59 p.m. CT on March 24, 2018 (the Claim Date) to claim their Prizes. ODDS: The odds of winning depend on the number of eligible Entries received NOTIFICATION OF POTENTIAL WINNERS: Owners of eligible Entries need not be present in person at the Drawing in order to win. Sponsor will endeavor to contact the purchaser-of-record of the winning Entry ("Potential Winner") by phone or immediately after the Drawing, to notify such person that he/she is the Potential Winner, but only if and to the extent that Sponsor can successfully identify and contact such Potential Winner based on the identifying and contact information supplied by the purchasers of the Entry in question. WHETHER OR NOT CONTACTED BY SPONSOR, POTENTIAL WINNER MUST EITHER CLAIM THE PRIZE IN PERSON IMMEDIATELY FOLLOWING THE DRAWING OR CONTACT SPONSOR TO CLAIM HIS/HER PRIZE NO LATER THAN 11:59 P.M. CT ON THE CLAIM DATE BY SENDING AN CONTAINING THAT POTENTIAL WINNER'S CONTACT INFORMATION TO info@thelawninstitute.org SO THAT SPONSOR MAY INSPECT AND VERIFY CLAIMANT'S DRAWING TICKET. If the Potential Winner has not claimed his/her Prize by following the procedures noted above and have not claimed the Prize by 11:59 p.m. CT on the original Claim Date, he/she shall no longer be eligible to win the Prize and a new Potential Winner will be selected from the remaining eligible entries. The same drawing, posting and notification procedures will be used, except the new Potential Winner will have until 11:59 p.m. CT on the 7th full day following the new Drawing Date to claim the Prize. If the Prize is not claimed by the new Claim Date, the procedures in the preceding sentence will be repeated until an eligible entrant properly claims the Prize in the proper manner and within the proper time constraints. ALL WINNERS ARE REQUIRED TO COMPLETE THE NECESSARY PAPERWORK FOR TAX PURPOSES AND FOR THE TRANSFER OF GUNS TO THEIR POSSESSION AT THEIR OWN EXPENSE.

3 DETERMINATION OF OFFICIAL WINNER(S): Sponsor shall have the sole discretion to determine whether the Potential Winner is an official winner of the Prize (an "Official Winner"). Sponsor's decision concerning the identity of the Official Winner shall be final and binding. To become an Official Winner: (1) a Potential Winner must be eligible to participate in the Drawing under these Official Rules and must not be in violation of these Official Rules as determined in Sponsor's sole judgment; (2) that Potential Winner must contact Sponsor, or be contacted by Sponsor, by the deadline specified above under "NOTIFICATION OF POTENTIAL WINNERS"; (3) that Potential Winner's winning Entry must be inspected and verified by Sponsor and Potential Winner must present the winning ticket; (4) that Potential Winner must execute and return to Sponsor the necessary Prize claim/gun transfer paperwork to be provided by Sponsor; and (5) that Potential Winner must provide Sponsor with all tax identification information required by federal, state or local law and, where applicable, provide Sponsor with payment for any required withholding taxes due prior to that Potential Winner's receipt of the Prize. If for any reason whatsoever all of the foregoing requirements are not satisfied with respect to a particular Potential Winner, or if Sponsor is unable for any reason to identify the holder of a winning Drawing Ticket or to contact a Potential Winner, then that Potential Winner's Prize will be deemed forfeited and, at Sponsor's sole discretion, an alternate Potential Winner and Official Winner of that Prize will be selected, through another random drawing from the remaining pool of eligible Entries in accordance with the procedures noted in "Notification of Potential Winners" above. Sponsor shall use the following rules to determine the identity of any Potential Winner and of the Official Winner of each Prize: (1) in the case of a Drawing ticket that was purchased at Sponsor shall conclusively presume that the purchaser of that ticket, as determined by credit-card purchase records, is the lawful owner of that Drawing ticket and such purchaser resides at the billing address of record, and (2) in the case of a Drawing ticket that was purchased from an authorized reseller, Sponsor shall conclusively presume that the name and contact information provided on the Drawing ticket is the lawful owner of that Drawing ticket and Sponsor shall not make, nor have any duty to make, any inquiry whatsoever into the circumstances under which that person came into possession of such winning Drawing ticket. In the unlikely event that an error or problem in the administration of the Drawing results in two (2) Drawing ticket purchasers holding winning Drawing tickets that contain identical ticket numbers, then the person who has record of the earliest ticket purchase shall be deemed to hold the winning Entry. AWARD OF PRIZE(S) TO OFFICIAL WINNER(S): Prizes will be awarded to the Official Winners. Official Winners must complete the necessary legal paperwork to claim the Prizes and will then take possession of the Prizes on or after February 15, 2018 in Tucson, AZ. Should the winner live in a state other than Arizona, the gun will be shipped to a FFL (FEDERAL FIREARMS LICENCSE) dealer of the winner s choice. The FFL dealer may charge to complete the proper paperwork and complete a background check. If a Visa gift card is selected in lieu of a gun, the gift card can be mailed to the Official Winner, upon completion of U.S. federal tax paperwork (if applicable). TAXES: All federal, state and local income taxes are the sole responsibility of Official Winner. The taxable value of the Prize will be treated as ordinary income to the Official Winner for federal and state income tax purposes, and such winner will be required by law to report the value of the Prize as income for tax year GENERAL CONDITIONS: The Released Parties (defined below under "RELEASE OF LIAIBLITY") are not responsible for: (1) Entries which are stolen, lost, damaged, illegible, given away or no longer in the purchaser's possession, (2) Entries that have been or may have been tampered with or re-sold in

4 violation of these Official Rules; (3) Entries, payments for Entries or any other Drawing-related communications which are lost, late, incomplete, inaccurate, delayed, misdirected, undelivered, not fully captured, or garbled as a result of any failure or problem whatsoever with the availability, functionality, operability or use of any network, server, ISP, website, Internet connection, computer, telephone, cable or satellite modem or connection, hand-held mobile device or any other computer equipment or connection, whether or not caused by site users, tampering, hacking, or by viruses, worms, or malfunctions affecting a network, server, ISP or any equipment or programming used in or associated with the Drawing; (4) the inability of a purchaser or prospective purchaser of an Entry to connect or stay connected to the Internet, to log on to any website, or to participate in or complete any online communication or activity related to the Drawing; (5) any other errors of any kind, whether human, typographical, printing, mechanical, or electronic in nature, which relate to or are connected with the Drawing (collectively, as described in clauses (1) through (5), "Errors"), including without limitation, Errors in Drawing-related materials or in the administration of the Drawing, such as Errors in processing Entries, identifying Potential Winners, determining Official Winners, or announcing or delivering Prizes; or (6) any injury or damage to any person's computer equipment related to or resulting from participation in this Drawing, the use of any website associated with the Drawing, or the downloading of any materials from such website(s). Anyone who tampers with or abuses any aspect of the Drawing or associated website, as determined in Sponsor's sole judgment, will be disqualified from participation in the Drawing and if applicable, will be deemed to have forfeited all claims to any Prize. If any portion of the Drawing is compromised, in Sponsor's sole judgment, by a virus, worm, bug, nonauthorized human intervention or other causes which, in Sponsor's sole judgment, corrupt or impair the administration, security, fairness or proper play of the Drawing, or the proper submission or capture of Entries (collectively, a "Compromising Event"), then Sponsor reserves the right, in its sole discretion, to suspend, modify or terminate the Drawing, and to select the winners from all eligible, non-suspect Entries received before the known occurrence or discovery of such Compromising Event. RELEASE OF LIABILITY: Entrants, by participating in the Drawing, agree that The Lawn Institute and all of the respective officers, directors, employees, representatives, consultants and agents (collectively, the "Released Parties") will have no liability whatsoever for, and shall be held harmless by entrants against, any liability for injuries, losses, costs, expenses or damages of any kind, including damages for death, personal injury, property damage or property loss, resulting from, whether in whole or in part or directly or indirectly, participation in this Drawing or the acceptance, possession, misuse or use of any Entry or Prize. PUBLICITY RELEASE: Each Official Winner, by accepting his/her Prize, grants Sponsor and Sponsor's designees and affiliates, including The Lawn Institute, full permission, except where legally prohibited, to use that Official Winner's name, address (city and state only), photograph, voice and/or other likeness and Prize information for advertising, trade and promotional purposes without further compensation and without notice, review or approval, in all media now known or hereafter discovered, worldwide, and on the Internet and world wide web, in perpetuity. CLAIMS: Any claim or controversy between any Drawing participant and The Lawn Institute arising out of or relating to the Drawing or to these Official Rules shall be settled by binding arbitration administered by the American Arbitration Association under its commercial arbitration rules, and judgment on the award rendered by the arbitration may be entered in any court having jurisdiction thereof. A Drawing participant s sole and exclusive remedy for any claim against The Lawn Institute arising out of the sale of Drawing tickets or the conduct of the Drawing shall be limited to the return of the purchase price paid for their Drawing ticket(s). In no event shall The Lawn Institute, its directors,

5 officers, employees, contractors, agents or representatives be liable to any party for any loss or injury to earnings, profits or goodwill, or for any incidental, special, punitive or consequential damages of any person or entity whether arising in contract, tort or otherwise, even if advised of the possibility of such damages. CANCELLATION: If for any reason the Drawing is cancelled, The Lawn Institute must reimburse each Drawing ticket purchase within 60 days of the Drawing cancellation date but may retain up to 10% of the ticket price for administrative cost. PRIVACY: All personal information collected by The Lawn Institute will be used for administration of the Drawing. The Lawn Institute will not share, sell or otherwise distribute personal information collected by The Lawn Institute except as stated above. COPYRIGHT: All Drawing materials are copyrighted by Sponsor, and may not be copied, reproduced or used for any purpose without Sponsor's express prior written consent. GOVERNING LAW; SEVERABILITY: The Drawing and these Official Rules shall be subject to and governed by the laws of the State of Illinois. If a court of competent jurisdiction finds that any provision of these Official Rules, or their application to a particular persons or circumstances, is invalid or unenforceable to any extent, then the remainder of these Official Rules, and the application of all of these Official Rules to other persons or circumstances, shall not be affected by that determination, and shall remain enforceable to the fullest extent permitted by law.