These Official Rules, govern the rules and procedures associated with the giveaway (the “Giveaway”) described on @buzzardpointdc in the “Giveaway” post brought to you by Buzzard Point and the sponsor described in the Post (the “Sponsor”).
ELIGIBILITY
To win, you must be a legal resident of the United States of America and 18 years of age or older at the time of entry.
ENTRY
Entry instructions are described in the Post.
DRAWING
The Sponsor will randomly select winner(s) (the “Grand Prize Winner(s)”) through a random comment generator. The drawing date (the “Drawing Date”) and prize (the “Grand Prize”) are described in the Post. The promotional graphics used in this Giveaway do not necessarily represent the actual prizes.
There is no cash equivalent or substitution of the Grand Prize and no person other than the Grand Prize Winner may take possession of the Grand Prize. The Sponsor may award a prize of comparable or greater value due to prize unavailability, safety, or security considerations, or any other reason as solely determined by Sponsor. The Sponsor furthermore reserves the right to withdraw the prize, if the Grand Prize Winner is found to have engaged in fraud.
NOTIFICATION
The Sponsor will notify the potential Grand Prize Winner at the time of the selection via direct message from Sponsor’s social media account. This is the only account that will reach out to the Grand Prize Winner.
To claim a prize, a potential Grand Prize Winner must respond to the direct message within 48 hours of the Drawing Date. If a potential Grand Prize Winner fails to respond within a timely manner, that potential Grand Prize Winner will be deemed to have forfeited the prize and a new Grand Prize Winner will be selected.
By participating in the Giveaway, the Grand Prize Winner grants the Sponsor and its agents and its affiliated companies the right to use the Grand Prize Winner’s name, likeness, and photograph for advertising, publicity and promotional purposes worldwide and in any media including, but not limited to, on air and online, without additional compensation or further notification, permission, or consideration (except where prohibited by law). Nothing contained in these Official Rules will be deemed to obligate the Sponsor to make use of any of the rights granted herein and the Grand Prize Winner waives any right to inspect or approve any such use of any and every nature and kind.
ODDS OF WINNING
Your odds of winning will be determined by the number of eligible entries received during the Entry Period.
TAXES AND EXPENSES
The Grand Prize Winner is solely responsible for all taxes on the prize and other expenses related to taking possession of the prize including, but not limited to, costs associated with claiming, registering and/or using any prize. All other expenses and costs, not expressly listed above, including, but not limited to, federal, state, and local taxes are the Grand Prize Winner’s sole responsibility. All travel risks, insurance, loss or damage due to prize acceptance or use are the sole responsibility of the Grand Prize Winners. Neither Sponsor nor its affiliates or subsidiaries will be responsible for any loss, liability or damage arising out of a Grand Prize Winner’s acceptance or use of the prize. All expenses and incidental costs not expressly stated in the Prize description above, including, but not limited to, ground transportation, title, registration and all other fees associated with the Grand Prize, personal charges, security fees, or other expenses or incidentals are the responsibility solely of the Grand Prize Winner. No cash back or credit will be given for any reason. Sponsor reserves the right to substitute a different version of the Grand Prize to the extent that the Grand Prize is not commercially released or in short supply. The Grand Prize Winner may be required to provide Sponsor with a valid social security number before the prizes will be awarded for tax reporting purposes. Winners of prizes valued at $600 or more will be issued an IRS 1099 form for the value of the prize.
DISCLAIMER
The Giveaway is in no way sponsored, administered by, or associated with the social media platform where the Giveaway was promoted (ex: Facebook, Instagram, TikTok).
Sponsor and its agents are not responsible for and will not be liable for: (a) technical malfunctions including, but not limited to, server, electronic, hardware, software programs, network, Internet, and computer malfunctions, failures or difficulties of any kind, or by any human error which may occur in the collection, processing, and transmission of entries and data; (b) lost, late, misdirected, illegible, or incomplete entries; (c) any type of graphical or other error in the advertising or printing of the selection or in the administration of the Giveaway; or (d) any condition that may cause the administration, security, or proper play of the Giveaway and selection to be disrupted or corrupted; and in such event Sponsor reserves the right in its sole discretion to cancel or suspend the Giveaway or any portion thereof and to award the prize(s) via a random drawing from among all eligible entries legitimately received prior to cancellation. Sponsor and its agents are not responsible if the Giveaway cannot be implemented due to delays or interruptions caused by acts of nature, acts of war, natural disasters, weather, utility outages, acts of terrorism, or any other action beyond the reasonable control of Sponsor and its agents.
ADDITIONAL TERMS
You agree that these Official Rules and any and all disputes, claims, causes of action, or other matters arising out of or related to this Giveaway and any prizes awarded will be governed by the laws of the state of Arizona, without regard to any conflict of law principles, and will be resolved exclusively in a court of competent subject matter jurisdiction located in Maricopa County, Arizona. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts. If any provision of this Giveaway is deemed to violate any federal, state or local law, it will be amended to conform to that law and all other provisions will remain in full force and effect.
The Sponsor may, to the extent permitted by law, cancel, suspend, and/or modify this Giveaway at any time in its sole discretion. By entering this Giveaway, you warrant that you are legally able to make this purchase and have complied with all applicable laws.
RELEASES
By participating in the Giveaway you agree to be bound by these Official Rules and the decisions of the Sponsor which will be final in all respects.
By entering this Giveaway, you release the Sponsor, its respective parent, subsidiary, affiliated and successor companies, prize suppliers, and each of their respective officers, directors, agents, representatives, and employees, as well as each of their respective successors, representatives, and assigns from any and all actions, claims, injury, loss, or damage arising in any manner, directly or indirectly, from participation in the competition and/or acceptance or use of the prizes including, but not limited to, personal injury, death, and property damage.
You also agree to indemnify, defend, release and hold harmless Sponsor and its directors, officers, volunteers, employees, parent companies, subsidiaries, affiliates, sales representatives, distributors, licensees, agents, advertising and promotion agencies (collectively, the “Released Parties”) from and against any losses, damages, rights, claims or causes of action of any kind arising, in whole or in part, directly or indirectly, out of: (i) participation in the Giveaway; (ii) acceptance, possession, use, or misuse of any prize awarded in connection with the Giveaway, including, without limitation personal injury, death and/or property damage, (iii) claims based on publicity rights, defamation and/or invasion of privacy; and (iv) any typographical, human, or other error in the printing, offering, selection, operation or announcement of any prize.
BY PARTICIPATING IN THE GIVEAWAY, YOU AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE GIVEAWAY, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (C) UNDER NO CIRCUMSTANCES WILL YOUBE PERMITTED TO OBTAIN ANY AWARD FOR, AND YOU HEREBY KNOWINGLY AND EXPRESSLY WAIVE 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 TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (D) YOUR REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND YOU IRREVOCABLY WAIVE 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.
