BY ENTERING THIS GIVEAWAY, YOU AGREE TO THESE OFFICIAL RULES, WHICH FORM A BINDING CONTRACT. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITY OBLIGATIONS ON THE PART OF ENTRANT AND A LIMITATION OF ENTRANT'S RIGHTS AND REMEDIES.
ELIGIBILITY: Open to all foodservice operations whose representative attended the PGA Merchandise Show and who are at least the legal age of majority in the state in which they reside at the time of entry. Employees of Sponsor, its parent company, affiliates, subsidiaries, administrator, distributors, sales representatives, retailers, advertising, and members of the immediate families (parent, child, sibling or spouse of any of the foregoing) or households of any of the above are NOT eligible. This Giveaway is subject to all federal, state and local laws and regulations and is void where prohibited or restricted by law.
GIVEAWAY PERIOD: The Equipment Giveaway (“Giveaway”) begins at 8:00 a.m. ET on March 2, 2019 and ends at 5:00 p.m. ET on April 1, 2019 ("Giveaway Period"). Sponsor’s computer is the official time-keeping device for the Giveaway.
HOW TO ENTER: Click on the Enter button on the e-mail and complete the entry form. Sponsor’s advertising agency will conduct the drawing on April 1. Winners will be notified approximately three (_3_) days after the drawing. Limit of one entry per operator.
PRIZES: (3 total). There will be three prizes awarded.
Roller Grill – Approximate Retail Value (ARV) $600
Sandwich Warmer – ARV $499
Cooler – ARV $599
EACH PRIZE IS AWARDED "AS IS" SUBJECT TO MANUFACTURER’S WARRANTY ONLY, WHERE APPLICABLE. SPONSOR AND ADMINISTRATOR MAKE NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITHOUT LIMITATION AND EXPRESSLY EXCLUDE ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT.
The odds of winning depend on the number of entries. All expenses associated with receipt or use of any prize not expressly stated herein, are the sole responsibility of the winners. All federal, state and local taxes, and any other charges, if any, are the sole responsibility of the winners.
Prizes are non-transferable. No cash redemptions or substitutions permitted, except by Sponsor, who may, in its sole discretion, substitute a prize, or any portion thereof, of equal or greater value. Sponsor reserves the right, in its sole discretion, to award less than the stated number of prizes.
RELEASE: By entering the Giveaway, entrants do hereby release, indemnify and hold harmless Sponsor and its respective subsidiaries, affiliates, suppliers, distributors, advertising/Giveaway agencies, and prize suppliers and each such company’s officers, directors, employees, and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising from or in connection with participation in the Giveaway, or the acceptance, possession, use or misuse of any prize.
GENERAL CONDITIONS: Sponsor reserves the right to terminate, cancel, suspend and/or modify the Giveaway if any fraud, virus, technical failures or any other factor beyond problem corrupts the administration, security, or proper play of the Giveaway, as determined by Sponsor in its sole discretion. In such event, Sponsor reserves the right to award the prizes in a random drawing from among the eligible entries received up to the time of the impairment or take such other action deemed fair and equitable by Sponsor. Sponsor reserves the right to award only the number of prizes stated in these Official Rules. No more than the number of prizes stated in these Official Rules will be awarded. The Released Parties are not responsible for lost, late, stolen, illegible, misdirected, or non-delivered orders, Website or other connections availability, accessibility or traffic congestion, or miscommunications, or failed computer, network, telephone, satellite, or cable hardware, software or lines, or technical failure, or jumbled, scrambled, delayed, or misdirected transmissions, or computer hardware or software malfunctions, failures or difficulties, or other errors of any kind whether human, mechanical, electronic or network, or the incorrect or inaccurate capture of entry or other information or the failure to capture, or loss of, any such information.
LIMITATIONS OF LIABILITY: The Released Parties are not responsible for any incorrect or inaccurate information, whether caused by Website users, or by any equipment or programming associated with or utilized in the Giveaway and assume no responsibility for any error, omission, interruption, deletion, defect or delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or tampering with or hacking of Website. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds may be tampering with the entry process or operation of the Giveaway or Website, may be acting in violation of the terms of the Website or may be acting in a non-sportsmanlike or disruptive manner, or with intent to threaten, abuse or harass any other person. Any attempt to deliberately damage any Website or undermine the legitimate operation of the Giveaway is unlawful and subject to legal action by Sponsor or its agents. IN NO EVENT WILL SPONSOR AND ITS AFFILIATES, SUBSIDIARIES AND RELATED COMPANIES, THEIR ADVERTISING AGENCIES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF ENTRANT'S ACCESS TO AND USE OF THE GIVEAWAY INTERNET SITE OR DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SAID SITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THIS SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
DISPUTES: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Giveaway or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by appropriate courts in the State of Arkansas; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Giveaway, but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. By entering, entrants agree that all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrant’s rights and obligations, or the rights and obligations of the Sponsor in connection with the Giveaway, shall be governed by, and construed in accordance with, the laws of State of Arkansas, without giving effect to any choice of law or conflict of law rules. By entering, entrants consent to the jurisdiction and venue of the federal, state and local courts located in Washington County, Arkansas.
SPONSOR: Tyson Foods, Inc., 2200 W. Don Tyson Parkway, Springdale, AR 72762.