Cooler Giveaway Rules and Regulations
Kayak Cooler Giveaway
OFFICIAL RULES AND REGULATIONS
NO PURCHASE IS NECESSARY TO ENTER OR WIN.
A PURCHASE DOES NOT INCREASE THE CHANCES OF WINNING. VOID OUTSIDE OF THE FIFTY UNITED STATES AND THE DISTRICT OF COLUMBIA AND WHERE PROHIBITED OR RESTRICTED BY LAW.
- Eligibility Requirements The Kayak Cooler Giveaway (the “Promotion”) is open to those who (i) enter according to these official Promotion rules (“Official Rules”), (ii) are at least as of the date of submitting an entry, and (iii) are legal residents of the fifty (50) United States and District of Columbia at the time of entry. Employees, agents, and directors of Swisher International, Inc. (“Sponsor” or “SWI”), and/or partners, dealers, manufacturers, distributors, sponsors, advertising agencies, promotion and administration agencies and any entity which is involved in any aspect of the creation, production, operation, execution or fulfillment of the Promotion, as well as such employees’ immediate family members and/or those living in the same household, are not eligible to participate in the Promotion. The Promotion is subject to all applicable federal, state, and local laws and regulations. This Promotion is void where prohibited by law.
- Agreement to Official Rules By participating, you agree to be fully and unconditionally bound by these Official Rules, and you represent and warrant that you meet the eligibility requirements set forth herein. In addition, you agree to accept the decisions of the Sponsor as final and binding as they relate to the Promotion and the interpretation and application of these Official Rules.
- Promotion Period Entries will be accepted on-site at participating events (each, an “Event”), with the first Event starting on July 14th, 2022, and ending on October 23rd, 2022 (“Promotion Period”). There will be seven (7) Events throughout the Promotion Period, as further outlined in the chart below.
Country Stampede – Topeka, KS
July 14th, 2022
July 16th, 2022
Rock the South – Cullman, AL
Aug. 5th, 2022
Aug. 6th 2022
Federated Auto Parts 400 – Richmond, VA
Aug. 13th, 2022
Aug. 14th, 2022
Coke Zero Sugar 400 – Daytona Beach, FL
Aug. 26th, 2022
Aug. 27th, 2022
Cookout Southern 500 – Darlington, SC
Sept. 3rd, 2022
Sept. 4th, 2022
Born & Raised – Pryor, OK
Sept. 16th, 2022
Sept. 18th, 2022
Country Thunder – Kissimmee, FL
Oct. 21st, 2022
Oct. 23rd, 2022
- How to Enter In order to enter the Promotion entrants must do all of the following during the Promotion Period to receive one (1) entry for the Promotion drawing: (i) visit the Sponsor tent at a participating Event; and (ii) follow the instructions provided to complete and submit an entry form. Limit one (1) entry per person using only one (1) email address per Event throughout the Promotion Period.
In the event of a dispute over who submitted a winning entry, the “authorized account subscriber” of the e-mail account used to participate in Promotion at the actual time of entry, will be deemed to be the participant. Proof to Sponsor’s satisfaction of being the authorized account subscriber may be required by Sponsor. By submitting an entry, any entrant in the Promotion irrevocably grants to the Sponsor and its respective successors, assigns and licensees, the right to use such entrant’s name and hometown (e.g. city and state), as well as the entry in any and all media for any purpose, including without limitation, commercial, advertising and promotional purposes, as well as in, on or in connection with the Sponsor’s website, social media accounts, the Promotion or other promotions, and hereby releases the Sponsor from any liability with respect thereto, unless prohibited by law.
Incomplete, corrupted, or untimely entries are void and will be disqualified. Sponsor and its agencies are not responsible for lost, late, incomplete, damaged, corrupted, stolen or misdirected entries, or other errors or malfunctions of any kind, whether human, mechanical, electronic or otherwise. If you use fraudulent methods to enter, or otherwise attempt to circumvent the Official Rules as determined by Sponsor, your Entry may be removed from eligibility at the Sponsor’s sole discretion. Regardless of entry method, the entry must fulfill all Promotion requirements and abide by all Official Rules, as specified herein, to be eligible to win a Prize. No changes to any entry information will be permitted once submitted. All entries become the property of Sponsor and will not be acknowledged or returned. Entries that are not complete or do not adhere to the Official Rules or specifications may be disqualified at the Sponsor’s sole discretion. Entries the Sponsor receives outside of the Promotion Period herein will be discarded and deemed void. Any attempt to deliberately damage any website, or undermine the legitimate operations of the Promotion is a violation of criminal and civil laws. Should such an attempt be made or be suspected to have been made, the Sponsor reserves the right to seek criminal prosecution and/or civil damages from any such entrant to the fullest extent permitted by law and to disqualify such entrant from the Promotion. In the event the Promotion is compromised by virus, bug, unauthorized human intervention, or other causes that corrupt or impair the administration, security, fairness, or proper process of the Promotion, Sponsor reserves the right in its sole discretion to suspend or terminate the Promotion and award the applicable Prize(s) from among all eligible entries received for the applicable Event(s) prior to cancellation. Proof of entry is not proof of receipt. Entries cannot be modified in any manner by entrant. In the event of any dispute concerning the identity of any entrant, the entry will be deemed submitted by the natural person who is the authorized holder of the transmitting user account. By submitting an entry, each entrant acknowledges and agrees that Sponsor reserves the right to edit or otherwise revise each entry for any reason, including without limitation, for creative reasons, for technical reasons, etc.
Entry Deadline: Entries must be received by the deadline specified in Section 3 in order to be eligible for the Promotion drawing.
- Selection of Winners by SponsorOne (1) potential winner will be chosen at random approximately three (3) business days following the conclusion of each Event from among all eligible entries received for each Event drawing (for a total of seven (7) potential winners throughout the Promotion Period). The odds of receiving a prize will depend on the total number of eligible entries received for each Event. Participant shall not have the right, and waives any and all rights, to challenge the results of the promotion. Sponsor’s determination of the winner of the Promotion shall be final and binding. Winner’s receipt of the prize offered in this Promotion is conditioned upon compliance with any and all federal and state laws and regulations.
- Grand Prizes (7) (One (1) awarded per Event): A total of seven (7) Grand Prizes will be awarded. Each winner will receive one (1) 18-pack cooler (each, a “Grand Prize”). ARV of each Grand Prize package: $300.00. Exact make, model, size, and color of Grand Prize to be determined by Sponsor, in its sole discretion.
The Grand Prizes may individually be referred to as a “Prize” and collectively referred to as the “Prizes,” unless otherwise specified. The Prizes are not redeemable for cash or transferable. The Prizes cannot be used in conjunction with any other promotion or offer. As a condition of accepting the prize, Grand Prize Winners may be required to execute an affidavit of eligibility and liability/publicity release.
- Winner NotificationThe Grand Prize winners will be notified approximately three (3) business days following the conclusion of each Event via email to the email address that the Grand Prize Winner provided when entering the Promotion. The Sponsor shall have no liability for a Winner’s failure to receive notices due to mail or email service error, Winner’s spam, junk e-mail, or other security settings, or Winner’s provision of incorrect or otherwise non-functioning contact information. At the sole discretion of the Sponsor, disqualification and the selection of a Grand Prize Winner may result from any of the following, without limitation: (i) a Winner’s failure to respond to claim the applicable Prize within 48 hours of notification; (ii) the return of an email notification as undeliverable after two (2) attempts; (iii) a Winner’s failure to provide Sponsor with satisfactory proof of eligibility and/or any requested releases; (iv) a Winner’s failure to execute and return by overnight delivery service any Sponsor-requested documents; or (v) any other non-compliance with these Official Rules. In the event of a disqualification or forfeiture of Winner, Sponsor will make reasonable efforts to select an alternate Winner for the applicable Grand Prize; provided, however, such decision shall be in Sponsor’s sole and absolute discretion and subject to the circumstances and contingencies of the Promotion. The Winners will be responsible for all federal, state and local taxes associated with the claiming of the Winner’s Prize. Sponsor shall not be responsible for any typographical or other errors in the administration of the Promotion. You shall not have the right, and waive any and all rights, to challenge the results of the Promotion. Sponsor’s determination of the Winner of the Promotion shall be final and binding. Winner’s receipt of Winner’s Prize offered in this Promotion is conditioned upon compliance with any and all federal and state laws and regulations. AT SPONSOR’S SOLE DISCRETION, ANY VIOLATION OF THESE OFFICIAL RULES BY ANY WINNER MAY RESULT IN SUCH WINNER’S DISQUALIFICATION AS WINNER OF THE PROMOTION AND IMMEDIATE TERMINATION OF ALL PRIVILEGES AS WINNER.
- Prize Conditions: If for any reason the prize is unavailable or any prize or related event is delayed, cancelled or postponed, or for any other reason, Sponsor reserves the right to modify the Promotion in its sole discretion and award a substitute prize, or portion of a prize, of comparable or greater value as set forth in these Official Rules. No substitution, transfer, assignment or cash equivalent of the prize, or any portion thereof, is permitted by a winner. Promotion Entities shall have no responsibility or obligation to the Winner who is unable or unavailable to, or who does not for any reason, accept or utilize the prize. All costs and expenses not specifically listed above as part of the prize are solely Winner’s responsibility. PRIZES ARE PROVIDED “AS IS”. PARTICIPANTS ACKNOWLEDGE THAT PROMOTION ENTITIES HAVE NEITHER 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 PRIZES AND ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Prizes pictured in online television, print advertising, and other Promotion materials are for illustrative purposes only. Arrangements for the fulfillment of the prizes will be made by Sponsor.
- Rights Granted by You By entering this Promotion and provided you opt-in on the Promotion entry form, you understand and permit that the Sponsor, its subsidiaries and other affiliated entities, employees, agents, licensees, successors, assigns, and anyone else acting by, through, or on behalf of the Sponsor will have the right, where permitted by law, without any further notice, review, or consent to use the information provided on your Entry for marketing and other valid business purposes. To opt-in to granting this right, you must check the opt-in box on the online entry form, or mail a written request, including the name and address used to enter, to: Swisher International, Inc. 459 East 16th Street, Jacksonville, Florida 32206, U.S.A. Provided you opt-in on the Promotion entry form, you agree to receive marketing emails and/or mail periodically from Sponsor and its subsidiaries and other affiliated entities, employees, agents, licensees, successors, assigns, and anyone acting by, through, or on their behalf. You can opt-out of receiving this communication at any time by clicking the unsubscribe link in the email or calling the telephone number on the mailing. Opting out of granting this right will have no impact on your chances of winning the Promotion.
- Terms Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. The Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, or suspend the Promotion should a virus, technical issue, non-authorized human intervention, fraud, act of God, act of terrorism, epidemics, pandemics (including, but not limited to (a) COVID-19 (a/k/a coronavirus) and/or (b) any communicable disease or threat thereof as such terms are defined in the 2019 Florida Statutes, Title XXIX, Chapter 381.003(1)), or other causes beyond Sponsor’s control that corrupt or affect the administration, security, fairness, or proper conduct of the Promotion. In such case, the Sponsor may, in its sole discretion, select a winner from all eligible entries received prior to and/or after (if appropriate) the action taken by the Sponsor to address the intervening event, and the Sponsor may also cancel the Promotion entirely. The Sponsor has the right, in its sole discretion, to maintain the integrity of the Promotion. This includes, without limitation, the rights to (i) void entries for any reason, including but not limited to multiple entries from the same user from different IP addresses, multiple entries from the same computer in excess of that allowed by the Official Rules, or entering the Promotion by the use of bots, macros, scripts, or other technical means; and (ii) disqualify and/or pursue any legal action against any individual who tampers or attempts to tamper with the entry process, the operation of the Promotion or its website, or otherwise violates these Official Rules.
- Release, Indemnification, and Limitation of Liability By submitting an Entry to the Promotion, you agree to fully, completely, and forever release, indemnify, and hold harmless Sponsor, and any and all of its parents, subsidiaries, affiliates, and all other related entities, general and limited partners, joint venturers, successors, assigns, beneficiaries, attorneys, insurers, subrogees, advertising and promotional agencies, representatives, agents, principals, employees, officers, directors, and anyone else acting by, for, or through SWI or Sponsor, from and against any and all claims, demands, actions, cause of action, damages, suits at law, suits in equity, liabilities, illnesses, injuries, death, and any other losses, suffered, incurred, claimed, or brought by you (including any of your beneficiaries, successors, assigns, and anyone acting on your behalf), whether known or unknown, that currently exist or that may arise or occur, directly or indirectly, whether caused by negligence or not, in connection with your attempted entry, or participation in the Promotion. This includes, but is not limited to, (i) your acceptance, possession, use, or misuse of any Prize or any portion thereof, (ii) technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network, hardware, or software; (iii) the unavailability or inaccessibility of any transmissions, or of telephone or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Promotion; and (v) electronic or human error which may occur in the administration of the Promotion or the processing of entries.
- Dispute Resolution
- Any dispute or claim between you, on the one hand, and Sponsor, its parents, subsidiaries, affiliates, agents, employees, and assigns, on the other hand (“Claims”) will be resolved exclusively by binding arbitration, rather than in court. There is no judge or jury in arbitration, and court review of an arbitration award is limited. Further, you will not have the right to participate as a representative or a member of a class of claimants. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages).
- Claims include, without limitation, (a) Claims related to or arising out of any aspect of any relationship between you and Sponsor; and (b) Claims relating to the construction, scope, applicability, or enforceability of this arbitration agreement. Claim has the broadest possible meaning and includes disputes based on contract, tort, consumer rights, fraud or other intentional torts, statutes, regulations, common law, or equity. Notwithstanding the foregoing, “Claim” does not include an action to enjoin infringement or other misuse of intellectual property rights, which you or Sponsor may file in court.
- You and Sponsor each agree to notify the other in writing of any Claim and will attempt in good faith to resolve the dispute before beginning an arbitration proceeding. Notice to Sponsor shall be sent to Swisher International, Inc., attn: VP Consumer Marketing, 459 E. 16th St., Jacksonville, FL 32206. If you and Sponsor cannot resolve the dispute between yourselves within 30 days of you or Sponsor providing written notice, either party may initiate an arbitration.
- You and Sponsor agree that the arbitration will be administered by JAMS. The JAMS arbitration rules can be obtained at www.jamsadr.com or 1-800-352-5267. The arbitration will be decided by a single arbitrator selected in accordance with JAMS rules. The arbitrator will take reasonable steps to protect proprietary and confidential information. At your or Sponsor’s request, the arbitrator will issue a reasoned written decision explaining the basis for the award.
- You and Sponsor agree that no class action, private attorney general, or other representative claims may be pursued in arbitration. Unless you and Sponsor agree, Claims of two or more people cannot be joined or consolidated in the same arbitration.
- You and Sponsor agree that this Promotion involves interstate commerce and that these Official Rules and any arbitration proceedings are governed by the Federal Arbitration Act. Any Claim or other dispute between the parties will be governed by these Official Rules and the laws of the state of Florida and applicable United States law, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction.
- Modification of Promotion Timeline: Sponsor cannot accurately predict the number of entrants who will participate in the Promotion. As a result, Sponsor reserves the right, in addition to those other rights reserved herein, to modify any date(s) or deadline(s) set forth in these Official Rules or otherwise governing the Promotion.
- To request the names of the Promotion Winners, or a copy of these Official Rules, please mail your request along with a stamped, self-addressed envelope to: 459 East 16th Street, Jacksonville, Florida 32206, U.S.A. All such requests must be received no later than 5:00PM ET on October 27, 2022.
- : The Sponsor of the Promotion is: Swisher International, Inc., 459 East 16th Street, Jacksonville, Florida 32206, U.S.A.
- Severability: If any provision of these Official Rules shall be held void, voidable, invalid or inoperative, no other provisions of these Official Rules shall be affected as a result thereof, and, accordingly, the remaining provisions of these Official Rules shall remain in full force and effect as though such void, voidable, invalid or inoperative provisions had not been contained herein.