CYA in MK Giveaway Official Rules & Regulations
Mountain Khakis, LLC
“2014 C.Y.A. in MK” Sweepstakes
NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. ALL FEDERAL, STATE, LOCAL AND MUNICIPAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED.
The 2014 C.Y.A. in MK Sweepstakes (the “Sweepstakes”) is intended for legal residents of the 50 United States of America and District of Columbia (collectively “USA”) only who are 18 years or older and shall only be construed and evaluated according to the laws of the State of North Carolina.
SPONSOR/ADMINISTRATOR: The Sweepstakes is sponsored by Mountain Khakis, LLC, 1435 West Morehead St, Suite 120, Charlotte, NC 28208 (“Sponsor”).
ELIGIBILITY: The Sweepstakes is open and offered only to legal residents of the USA who are 18 years of age or older at the time of entry (the “Entrants”). Entrants must have a valid government-issued driver’s license or proof of identification. Failure to comply with these requirements will result in the forfeiture of the prize. This offer is void where prohibited by law and subject to all applicable federal, state and local laws and regulations. Employees, officers and directors (including immediate family members and members of the same household) of the Sponsor, the Administrator, their respective divisions, subsidiaries, affiliates, advertising and promotion agencies, prize suppliers and any other entities directly associated with this Sweepstakes are not eligible to participate.
AGREEMENT TO OFFICIAL RULES: By participating in the Sweepstakes, Entrants agree to abide by and be bound by these Official Rules and the decisions of the Sponsor, which are final and binding in all matters relating to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein.
HOW TO ENTER: The Sweepstakes begins at 12:00:01 am EST on February 5, 2014 and ends at 11:59:59 pm EST on February 12, 2014 (the “Sweepstakes Period”). The Sponsor’s database clock is the official time-keeping device for the Sweepstakes. In order to enter, entrants must completely fill out an Entry Form at http://giveaway.mountainkhakis.com/CYA-in-MK-Giveaway. The Sweepstakes registration requires each participant to provide his or her full name, mailing address, phone number, and email address. Once submitted, entries cannot be deleted, canceled or modified. All entries must be submitted by 11:59:59 pm EST on February 12, 2014 in order to be eligible. Entries limited to one per email address.
All required information must be completed to enter and to be eligible to win. Incomplete entries will be disqualified. The Sponsor is not responsible for late, incomplete, incorrect, delayed, garbled, undelivered or misdirected entries. All entries become the exclusive property of Sponsor and will not be acknowledged or returned.
GENERAL CONDITIONS: If for any reason the operation or administration of this Sweepstakes is impaired or incapable of running as planned for any reason, including, but not limited to, (a) infection by a computer virus or bugs, (b) tampering or unauthorized intervention, (c) fraud, (d) technical failures, or (e) any other causes beyond the control of the Sponsor that corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, the Sponsor reserves the right, in its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Sweepstakes in whole or in part, at any time, without notice and/or award of the Prize using all non-suspect eligible entries received as of, or after (if application) this cancellation, termination, modification or suspension date, or in any manner that is fair and equitable and best conforms to the spirit of these Official Rules. Sponsor reserves the right, in its sole discretion, to disqualify any individual deemed to be (a) tampering or attempting to tamper with the entry process or the operation of the Sweepstakes or the Sweepstakes ballot box; or (b) acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. Failure by the Sponsor to enforce any provision of these Official Rules shall not constitute a waiver of that provision.
DRAWING AND NOTIFICATION: The Prize winner will be selected in a random drawing from among all eligible entries throughout the Sweepstakes Period. The prize drawing will be conducted on or about February 20, 2014 by Mountain Khakis, LLC, whose decisions are final and binding. Odds of winning a prize will depend on the total number of eligible entries received. The potential Prize winner will be contacted by telephone and/or by email. If a potential Prize winner cannot be contacted within three (3) business days after the first attempt to contact him/her, the Sponsor may select an alternate potential winner in his/her place at random from the remaining entries.
PRIZE: Following the conclusion of the Sweepstakes, one (1) Grand Prize and three (3) First Prize winners will be selected at random from among all the eligible entries received. One (1) Grand Prize winner will receive eleven (11) Mountain Khakis products at Approximate Retail Value (“ARV”) of up to $175.00 for each product and one (1) Mountain Khakis product at ARV of up to $250.00. Six (6) Mountain Khakis products are required to be ordered in the month of March 2014 and Six (6) Mountain Khakis products are required to be ordered in the month of September 2014. Subject to availability. All Mountain Khakis products must be placed through Mountain Khakis Marketing Department. Contact information will be provided to the Grand Prize winner. Total of Grand Prize Approximate Retail Value (“ARV”) is up to $2175.00.
Three (3) First Prize Winners will each receive (1) Mountain Khakis product at ARV of up to $100.00 for each product. Subject to availability. Total ARV of First Prize Pool is up to a maximum of $300.00. The total ARV of the Prize Pool is $2,475.00.
Prizes are limited to Mountain Khakis branded items and subject to availability at time of order. No rain checks.
All local, state and federal taxes are the sole responsibility of winner. All winners are subject to verification and all prize transfers are subject to federal, state and local laws and regulations, and Sponsor’s approval in its sole discretion.
PRIZE CONDITIONS: The potential Prize winner will be required to complete, sign, and return an Affidavit of Eligibility and Liability/Publicity Release (collectively, “Winner Documents”) to be returned within 14 days of written notification, or Prize may be forfeited and an alternate winner selected. The Prize winner will be required to provide a copy of a valid government-issued driver’s license or identification card with return of the completed Winner Documents. If any information provided in the Winner Documents is incorrect, the winner may be disqualified (in Sponsor’s sole discretion). If a prize or prize notification is returned as unclaimed or undeliverable to a potential winner, if a potential winner cannot be reached within three (3) calendar days from the first notification attempt, if potential Prize winner fails to return Winner Documents within the specified time period or if a potential winner is not in compliance with these Official Rules, then such person shall be disqualified and an alternate winner may be selected for the prize at issue. All taxes, if applicable, are the sole responsibility of the winner. The Prize winner will each be required to complete a tax form in which he or she must provide his or her Social Security Number. The Winner Documents and tax form are subject to verification by Sponsor.
Sponsor will arrange for delivery of the prizes to winners. Substitute prizes are subject to availability and Sponsor makes no claims or representations that any particular substitute selected by the winner will be available. In the event of noncompliance with these requirements, the Prize may be forfeited.
All prize details not specified in these Official Rules will be determined in Sponsor’s sole discretion. All federal, state and local taxes, as well as any expenses not specified in these Official Rules as being provided as part of the prize, are the sole responsibility of the winners. Sponsor will not replace any lost, mutilated or stolen prize. Sponsor is not responsible for any inability of any winner to accept or use any prize (or portion thereof) for any reason. No transfers, prize substitutions or cash redemptions will be made, except in Sponsor’s sole discretion. Sponsor reserves the right to substitute the stated prize or portion thereof with another prize or portion thereof of equal or greater value for any reason, including, without limitation, prize unavailability.
RELEASE AND LIMITATIONS OF LIABILITY: By participating in the Sweepstakes, Entrants agree to release, hold harmless and indemnify the Sponsor, the Agency and the Administrator, their respective parents, employees, officers, directors, agents, representatives, subsidiaries, divisions, affiliates, distributors, sales representatives, advertising and promotional agencies of each (collectively, the “Released Parties”) from and against any claim or cause of action arising out of participation in the Sweepstakes or receipt or use of any prize, including but not limited to: (a) any technical errors that may prevent and Entrant from submitting an entry; (b) unauthorized human intervention in the Sweepstakes; (c) printing errors; (d) errors in the administration of the Sweepstakes or the processing of entries; (e) injury, death or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Sweepstakes or receipt of any prize; or (f) claims or actions based on publicity rights, defamation and/or invasion of privacy. Released Parties assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. Entrant further agrees that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Sweepstakes, and in no event shall the Released parties be liable for attorney’s fees. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct or indirect damages. Winners agree that the prize is provided as-is without any warranty, representation or guarantee, express or implied, in fact or in law, relative to the use or enjoyment of the prize, including without limitation, its quality, merchantability or fitness for a particular purpose.
EACH ENTRANT UNDERSTANDS AND AGREES THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY OF THE UNITED STATES ARE HEREBY EXPRESSLY WAIVED BY HIM/HER. SECTION 1542 READS AS FOLLOWS:
“CERTAIN CLAIMS NOT AFFECTED BY A GENERAL RELEASE. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
In addition, by accepting a prize, where permitted by law, all prize winners grant to the Released Parties and those acting pursuant to the authority of Sponsor and the Released Parties (which grant will be confirmed by winner in writing upon Sponsor’s request), the right to print, publish, broadcast and use worldwide IN ALL MEDIA, without limitation, a prize winner’s full name, portrait, picture, voice, likeness and/or biographical information for advertising, trade and promotional purposes without further payment or additional consideration and without review, approval or notification.
RESOLUTION OF DISPUTES/GOVERNING LAW: Except where prohibited by law, by entering this Sweepstakes, Entrants and winner agree that: (1) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Middle District of North Carolina, or the appropriate North Carolina State Court located in Wake or Guilford County, North Carolina; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, not to exceed two hundred fifty dollars ($250), 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. Winner agrees that the prize is provided as-is without any warranty, representation or guarantee, express or implied, in fact or in law, relative to the use or enjoyment of the prize, including without limitation, its quality, merchantability or fitness for a particular purpose. Except where prohibited, as a condition of participating in this Sweepstakes, each Entrant agrees that any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes, the Prize awarded, or the determination of the winners shall be resolved individually, without resort to any form of class action.
All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of Entrant and Sponsor in connection with this Sweepstakes, and any dispute arising under or related thereto (whether for breach of contract, tortuous conduct or otherwise) will be governed by the laws of the State of North Carolina, without giving effect to any choice of law or conflict of law rules (whether of the State of North Carolina or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of North Carolina.
OPT-IN: By participating in this Sweepstakes, you consent for the Sponsor to obtain, use and transfer your name, address and other information for the purpose of administering this Sweepstakes. You also authorize the Sponsor to send information, including emails, to the address on the entry form about Mountain Khakis products and services. You may opt out of receiving future emails from Sponsor by clicking on the link contained in any email. You will remain eligible for this Sweepstakes whether or not you opt out of receiving promotional emails from Sponsor.
WINNERS LIST REQUEST: To request confirmation of the name, city and state of residence of the Prize winner, please send a self-addressed, stamped business size envelope by April 1, 2014 to: Mountain Khakis, LLC, c/o 2014 C.Y.A. in MK Sweepstakes, 1435 West Morehead St, Suite 120, Charlotte, NC 28208.