ALABAMA WATERFALLS SWEEPSTAKES (“SWEEPSTAKES”) OFFICIAL RULES
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCE OF WINNING.
THE SWEEPSTAKES IS SUBJECT TO ALL FEDERAL, STATE, AND LOCAL LAWS OF THE UNITED STATES OF AMERICA. VOID WHERE PROHIBITED BY LAW.
1. Sponsor. The sponsor of the Sweepstakes is Alabama Waterfalls (“Sponsor”), located at 645 Wynn Dr #22122 Huntsville, AL 35814. Entrants should look solely to Sponsor with any questions, comments or problems related to the Sweepstakes.
2. Eligibility. Open to individual legal residents of the 50 United States or the District of Columbia who are the older of 18 years of age or the legal age of majority in their state of residence, except that if the total approximate retail value (“ARV”) of all prizes in the Sweepstakes exceeds $5000.00, individual legal residents of New York and Florida are not eligible to enter or win. Sponsor and its respective parents, subsidiaries, affiliates, distributors, retailers, sales representatives, advertising and promotion agencies and each of their respective officers, directors and employees (collectively, the “Promotion Entities”), and members of their immediate families and/or persons living in the same household as such persons, are not eligible to enter or win.
3. Sweepstakes Period. The Sweepstakes period is listed on https://alabamawaterfalls.com/giveaway (the “Sweepstakes Period”).
4. How to Enter. Enter the Sweepstakes during the Sweepstakes Period by visiting https://alabamawaterfalls.com/giveaway and following the instructions to submit an entry. Limit of one (1) entry per person. Any use of robotic, automatic, macro, programmed, or like entry methods will void all such entries by such methods. Any attempt by an entrant to obtain more than the authorized number of entries by using multiple/different email addresses, identities, registrations, logins or any other methods will void all of entrant’s entries and entrant may be disqualified. Final eligibility for the award of any prize is subject to eligibility verification as set forth below. All entries must be submitted by the end of the Sweepstakes Period in order to participate. Sponsor’s database clock will be the official time keeper for the Sweepstakes.
5. Conditions of Entry. By entering the Sweepstakes, entrant agrees to comply with these Official Rules, including all eligibility requirements. Entry will be deemed to have been submitted by the authorized account holder of the e-mail address provided with entry. All entries become the property of Sponsor and will not be returned.
6.1. Number of Prizes: One (1)
6.2. Prize Description: Outdoor gear
6.3. Prize ARV: One Hundred Twenty Five (USD $125.00)
Prizes will only be delivered to addresses within the 50 United States or the District of Columbia. Any depictions of a prize is for illustrative purposes only. All expenses not specifically listed herein are solely the winner’s responsibility, including the cost of assembly and all federal, state, and/or local taxes, fees, and surcharges. Failure to comply with the Official Rules will result in forfeiture of a prize. Residence shall be based on where a prize claimant ordinarily resides. All estimated retail values All other taxes on prizes other than taxes specifically referred to in these rules are the responsibility of the winners. A 1099-MISC will be issued to a U.S. recipient of a prize with a retail value of USD $600 or more. In order to receive the prize, a U.S. winner must provide a completed W-9 form.
Sponsor reserves the right in its sole and absolute discretion to award a substitute prize of equal or greater value if a prize described in these Official Rules is unavailable or cannot be awarded, in whole or in part, for any reason. The ARV of a prize represents Sponsor’s good faith determination. That determination is final and binding and cannot be appealed. If the actual value of the prize turns out to be less than the stated ARV, the difference will not be awarded in cash, credit, or with an additional prize. Sponsor makes no representation or warranty concerning the appearance, safety or performance of any prize awarded. Restrictions, conditions, and limitations may apply. No substitution, refund, replacement or transfer of a prize is permitted except by Sponsor. In the event that a prize is mailed to the winner, winner assumes the risk of its loss. Sponsor is not responsible for the safe arrival of a prize.
7. Winner Determination; Odds of Winning: A potential winner of each prize will be selected in a random drawing by Sponsor held within five (5) days from the close of the Sweepstakes Period from among all eligible entries received throughout the Sweepstakes Period. Sponsors decisions are final and binding. Each potential winner will be notified by email at the email address provided with entry on or about 5 days after the random drawing. A potential winner must accept a prize by email as directed by Sponsor within 5 days of notification. Any winner notification not responded to or returned as undeliverable may result in prize forfeiture. The Sponsor reserves the right, in its sole and absolute discretion, to randomly select an alternate eligible entrant from among the remaining eligible entries (in which case the foregoing provisions of this section shall apply to such new potential winner, with the necessary amendments). The potential prize winner may be required to sign and return an affidavit of eligibility and release of liability, and a publicity release (unless prohibited by law) (collectively “the Prize Claim Documents”). Failure to complete and/or return Prize Claim Documents may result in prize forfeiture. Odds of winning will vary depending on the number of eligible entries received.
8. General Terms and Conditions. Sponsor reserves the right to disqualify any individual Sponsor determines, in its sole discretion: (i) to be tampering with the entry process or the operation of the Sweepstakes or any web site or application associated with the Sweepstakes; (ii) to be in violation of the terms of service of the Sweepstakes Entities’ web site; (iii) to be acting in violation of the Official Rules; or (iv) to be acting in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. In the event of a dispute as to entries submitted by multiple users having the same email account, the authorized subscriber of the email account used to enter the Sweepstakes at the actual time of the entry will be deemed to be the participant and must comply with these Official Rules. Authorized account subscriber is deemed to be the natural person who is assigned an email address by an Internet access provider, online service provider or other organization, which is responsible for assigning email addresses, or the domain associated with the submitted email address.
9. DISCLAIMER AND RELEASE OF LIABILITY. Sponsor is not responsible for: (a) lost, misdirected, late, incomplete, or unintelligible entries or for inaccurate entry information, whether caused by you or by any of the equipment or programming associated with or utilized in a Sweepstakes, or by any technical or human error that may occur in the processing of entries; (b) any printing or typographical errors in any materials associated with a Sweepstakes; (c) any error in the operation or transmission, theft, destruction, unauthorized access to, or alteration of, entries, or for technical, network, telephone, computer, hardware or software, malfunctions of any kind, or inaccurate transmission of, or failure to receive any entry information on account of technical problems or traffic congestion on the Internet or at any website; or (d) injury or damage to your or any other computer or device resulting from downloading any materials in connection with a Sweepstakes. IN NO EVENT WILL SPONSOR OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, ADVERTISING, PROMOTION, FULFILLMENT, MARKETING AGENCIES, PUBLIC RELATION FIRMS, CONSULTANTS OR CONTRACTORS BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING WITHOUT LIMITATION, EXEMPLARY, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ATTORNEY’S FEES, ARISING OUT OF THIS SWEEPSTAKES AND/OR ANY ACCEPTANCE, POSSESSION, USE, MISUSE OR FAILURE TO USE THE PRIZE AWARDED IN CONNECTION WITH THIS SWEEPSTAKES, INCLUDING WITHOUT LIMITATION, PERSONAL INJURY, DEATH AND/OR PROPERTY DAMAGE, AS WELL AS ANY CLAIMS BASED ON PUBLICITY RIGHTS OR INVASION OF PRIVACY. IN NO EVENT SHALL SPONSOR’S AGGREGATE LIABILITY FOR CLAIMS ARISING OUT OF THIS SWEEPSTAKES EXCEED THE RETAIL VALUE OF THE PRIZE TO BE AWARDED IN CONNECTION WITH THIS SWEEPSTAKES.
SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND THEREFORE SUCH LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
10. DISCLAIMER OF WARRANTIES. SPONSOR MAKES NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SWEEPSTAKES OR ANY PRIZE, AND TO THE FULLEST EXTENT ALLOWABLE UNDER LAW, FULLY DISCLAIMS ALL SUCH WARRANTIES. WITHOUT LIMITING THE FOREGOING, THE SWEEPSTAKES AND THE PRIZE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
11. WAIVER OF CLASS ACTION. EXCEPT WHERE PROHIBITED, AS A CONDITION OF PARTICIPATING IN THIS SWEEPSTAKES, ENTRANTS AGREE THAT ANY AND ALL DISPUTES WHICH CANNOT BE RESOLVED BETWEEN OR AMONG THE PARTIES, AND ANY CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS SWEEPSTAKES, THE PRIZES AWARDED, OR THE DETERMINATION OF THE WINNERS, SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION.
12. Privacy Notice. Any personal information collected by Sponsor through this Sweepstakes will be used solely for prize fulfillment purposes and for Sponsor’s marketing purposes in compliance with all applicable law.
13. Winner’s List. To request a copy of the winners list for the Sweepstakes or a copy of these Official Rules, send the request and a self-addressed, postage-paid envelope to: Alabama Waterfalls, 645 Wynn Dr #22122 Huntsville, AL 35814. Any such request must be received within ninety (90) days of the closing date of the Sweepstakes Period.
14. SOCIAL MEDIA DISCLAIMER AND RELEASE OF LIABILITY. THE SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH FACEBOOK, TWITTER, INSTAGRAM OR PINTEREST. ENTRANTS RELEASE FACEBOOK, TWITTER, INSTAGRAM AND PINTEREST FROM ANY LIABILITY FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING WITHOUT LIMITATION, EXEMPLARY, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ATTORNEY’S FEES, ARISING OUT OF THIS SWEEPSTAKES AND/OR ANY ACCEPTANCE, POSSESSION, USE, MISUSE OR FAILURE TO USE THE PRIZE AWARDED IN CONNECTION WITH THIS SWEEPSTAKES, INCLUDING WITHOUT LIMITATION, PERSONAL INJURY, DEATH AND/OR PROPERTY DAMAGE, AS WELL AS ANY CLAIMS BASED ON PUBLICITY RIGHTS OR INVASION OF PRIVACY.