NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
FOR PERSONS WHO ENTER THE SWEEPSTAKES THROUGH THIS CREATIVE PRESENTATION, THESE RULES GOVERN ALL ASPECTS OF PARTICIPATION AND PRIZE AWARD.
1. Introduction. The contest (“Sweepstakes”) is sponsored by Jerry’s Nut House Inc. (“Sponsor”). All applicable federal, state, and local laws apply.
ONLY ONE (1) GRAND PRIZE WILL BE AWARDED IN THE SWEEPSTAKES.
2. Timing. The Sweepstakes begins on September 9, 2011, at 12:00 a.m. Mountain Time (“MST”) and ends on December 9, 2011, at 11:59 p.m. ET (“Promotion Period”). Sponsor’s computer is the official time-keeping device for this Promotion.
3. Eligibility. The Sweepstakes is open to legal residents of the fifty (50) United States (including the District of Columbia) and Puerto Rico, eighteen (18) years of age or older (the “Program”). Void where prohibited. Employees, officers and directors of Sponsor and Promoter, their respective parents, subsidiaries, and agents, as well as the immediate family (defined as spouse, parents, children, siblings and grandparents) and household members of each such employee, officer and director are not eligible. By participating, entrant agrees to abide by these Official Rules and the decisions of Sponsor, which are final and binding in all respects.
4. How to Enter.
Enter Online: During the Promotion Period, visit www.jerrysnuthouse.com (the “Web Site”) and click on any of the icons for the Sweepstakes located throughout the site. Follow the instructions to complete and submit the entry form. Multiple entrants are not permitted to share the same email address. Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different email addresses, identities, registrations and logins, or any other methods will void that entrant’s entries and that entrant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. In the event of a dispute as to any registration, the authorized account holder of the email address used to register will be deemed to be the registrant or player. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. The potential winner may be required to show proof of being the authorized account holder.
5. Selection and Verification of Potential Winner. Sponsor will randomly select one potential Grand Prize winner from among all eligible entries received, on or about December 9, 2011. Potential winner must comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. The potential winner will be notified by email after the drawing. Except where prohibited, the potential winner (or parent/legal guardian if winner is a minor in his/her state of residence) will be required to sign and return an Affidavit of Eligibility, Liability and Publicity Release (“Affidavit”) which must be received by Administrator within ten (10) calendar days of the date notice or attempted notice is sent, in order to claim the prize. If the potential winner cannot be contacted fails to return the Affidavit within the required time period, or prize is returned as undeliverable, or potential winner forfeits prize. In that event, an alternate entrant will be selected in his/her place at random from among all eligible entries received for the selected Creative Presentation. Only three (3) alternate drawings will be held, after which the prize will remain un-awarded. The winner will receive his/her prize 8-10 weeks after winner verification.
6. Prize. One (1) Grand Prize will be awarded. Prize is non-transferable, and no substitution will be made except as provided herein at the Sponsor’s and Promoters’ sole discretion. Sponsor and Promoters reserve the right to substitute the prize with another prize of greater or equal value if the designated prize should become unavailable for any reason. No Cash prize the winner will be awarded one hundred dollar gift certificate to jerrysnuthouse.com. Winner is solely responsible for any and all applicable fees and taxes associated with prize receipt and use.
7. Publicity. Except where prohibited, participation in the Sweepstakes constitutes winner’s consent to Sponsor’s and Promoter’s use of winner’s name, likeness, voice, opinions, hometown, state and country for promotional purposes in any media without further payment or consideration.
8. General Conditions. Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend the Sweepstakes should virus, bugs, unauthorized human intervention, technical failures or any other factor beyond Sponsor’s reasonable control corrupt the administration, security, fairness, integrity or proper operation of the Sweepstakes. In such event, Sponsor reserves the right to award the prize at random from among the eligible entries received up to the time of impairment. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately damage Sponsor’s or any Promoter’s website or undermine the legitimate operation of this Sweepstakes may be a violation of criminal and civil laws, and, should such an attempt be made, Sponsor and Promoters reserve the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
9. Release. By receipt of the prize, winner agrees that Sponsor and Promoters, their respective parents, subsidiaries and affiliated companies, and the agents, employees, directors and officers of these companies (the “Released Parties”), are not liable whatsoever for any injuries, losses or damages of any kind resulting in whole or in part, directly or indirectly, from the acceptance, possession, use or misuse of any prize or from winner’s participation in the Sweepstakes.
10. Limitations of Liability. The Released Parties are not responsible for: (1) incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes (2) technical failures of any kind, including but not limited to the malfunctions, interruptions or disconnections in phone lines or network, hardware or software; (3) unauthorized human intervention in any part of the entry process or the Sweepstakes; (4) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; (5) late, lost, undeliverable, damaged or stolen mail; or (6) any injury or damage to persons or property, including but not limited to entrant’s computer, which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes, receipt or use or misuse of any prize, or from downloading any material from Sponsor’s or Promoter’s website(s), regardless of whether the material was prepared by Sponsor, Promoter or a third party, and regardless of whether the material is connected to Sponsor’s or Promoter’s website by a hypertext link. If, for any reason, an entrant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Sweepstakes, provided that, if it is not possible to award another entry due to discontinuance of the Sweepstakes, or any part of it, for any reason, Sponsor, in its sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed,Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims.
11. Disputes. Entrant agrees that: (1) any and all disputes, claims, and causes of action arising out of or connected with this Sweepstakes, or any prizes awarded, shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court of Colorado or the appropriate Colorado State Court located in Denver Colorado; (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, 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, 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. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant, Sponsor and Promoter in connection with the Sweepstakes shall be governed by, and construed in accordance with, the laws of the State of Colorado, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of Colorado or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Colorado.
13. Winner List: Winner List requests will only be accepted after the promotion end date (listed above) and will be available online for at least 1 week after the end of the promotion.
14 Severabliity: If any provision or provisions of this Agreement shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.