ENTER TO WIN
Disclaimer: No Purchase necessary to enter, win or claim a prize. A purchase or payment will not increase entrant's chances of winning.
Open only to legal US residents of Washington state, who are 21 years or older.
Begins at or about 12:01am June 10, 2016 and ends 11:59pm August 5, 2016
ODOM CORPORATION APPLESOX BASEBALL WEST COAST LEAGUE CONTEST
NO PURCHASE NECESSARY. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING
1. SPONSOR. This sweepstakes is being administered and sponsored by The Odom Corporation, 11400 Southeast 8th Street, Suite 300, Bellevue WA 98004.
2. SWEEPSTAKES PERIOD. From 12:01 A.M. PST June 10, 2016 to 11:59:59 PM PST on August 10, 2016 (“Entry Period”). Sponsor’s computer is the official time-keeping device for each Sweepstakes.
3. ELIGIBILITY: This Sweepstakes is offered only to legal U.S. residents who are at least twenty-one (21) years old at the time of entry. Employees, directors, officers, and agents of Sponsor and each of their respective parent companies, divisions, dealers, affiliates, subsidiaries, distributors, advertising and promotional agencies and suppliers involved in the Sweepstakes ("Sweepstakes Entities"), as well as the members of each of their immediate families (spouse, parents, children, siblings, and in-laws) and persons residing in the same household as such individuals are not eligible to enter or win. In addition, employees, agents and officers of alcohol beverage retailers and distributors and their immediate family members and all other individuals/entities associated with this Sweepstakes are not eligible to enter or win. Void outside of the United States, in all United States Territories and Possessions and overseas military installations and where prohibited or restricted by law.
Participation in the Sweepstakes constitutes entrant's full and unconditional agreement to these Official Rules and Sponsor's decisions and interpretations, which are final and binding in all matters related to the Sweepstakes.
4. HOW TO ENTER THE SWEEPSTAKES:
Participants must complete an entry form online at www.odomcorp.com to enter the sweepstakes.
All entries become the exclusive property of Sponsor and will not be returned or acknowledged. Sponsor and its affiliates, officers, directors, and agents will not be responsible for difficulties associated with entry because of telephone, electronic, hardware, software, network, Internet or any other computer or other communications related malfunctions or failures. Sponsor is not responsible for incomplete, lost, illegible, late, postage-due or misdirected entries. Proof of entering the required information at the Sponsor’s website is not considered proof of delivery to or receipt by Sponsor of entry into the Sweepstakes.
5. ENTRY LIMIT: Regardless of the method used to enter, there is a limit of one (1) entry into the Sweepstakes per entrant per day during the Entry Period. If more than one (1) entry is received from the same person, telephone number and/or email address in a day, only the first entry received that day may be considered valid. For purposes of these Official Rules, a "day" starts at 12:01 AM PST and ends at 11:59:59 PM PST on a calendar day.
6. RANDOM DRAWING: Drawings will be held on or about June 16, 30 July 7, 28 and August 4, 2016. The Sponsor will randomly select 1 potential prize winners from all eligible entries received during the Entry Period. Each winner is considered a potential winner pending verification of his/her eligibility and compliance with these Official Rules, including returning an Affidavit of Eligibility and Liability/Publicity Release (except where prohibited).
7. PRIZES, APPROXIMATE RETAIL VALUE AND ODDS OF WINNING:
A. Prizes. Up to a total of 5 Prizes will be awarded. Each Prize shall consist of one (1) Applesox MVP Card AND four (4) Applesox tickets. Alcoholic beverages are NOT included as part of the Prize. The approximate retail value (“ARV”) for each Prize is Eighty dollars ($80). The ARV should all Prizes be awarded in connection with this Promotion is Eight hundred Dollars ($300).
B. Odds of Winning: The odds of winning a Prize depend on the total number of eligible entries received during the Entry Period.
C. General Conditions: In no event will more Prizes than are stated in these Official Rules be awarded. Limit of one (1) Prize per person/household. No Prize substitution or exchange will be allowed, except by Sponsor, who reserves the right to substitute a Prize of equal or greater value in case of unavailability of a Prize or force majeure.
8. HOW TO CLAIM A PRIZE:
A. Potential prizewinners are subject to verification of eligibility and compliance with these Official Rules. Potential prizewinners will be notified by telephone or email after the Random Drawing with instructions on how to claim the Prize. Time is of the essence in awarding the Prize. Prizewinners will be required to sign and return an Affidavit of Eligibility and Liability/Publicity Release (except where prohibited) and any other requested documents within ten (10) calendar days from the date of attempted notification or the Prize may be forfeited in its entirety and awarded to an alternate winner, at the Sponsor's sole and absolute discretion. If a potential winner is found to be ineligible, is not in compliance with these Official Rules, declines to accept a Prize, or any winner notification is returned as undeliverable or the potential winner fails to respond to a winner notification within the time frame specified in such winner notification, the Prize may be forfeited. If a Prize is forfeited for any reason, it may be awarded to an alternate potential winner, at the Sponsor's sole and absolute discretion, selected at random from the remaining pool of eligible entries received during the Sweepstakes Entry Period, time permitting.
B. Each potential winner may be subject to a background check before a Prize is awarded. Sponsor reserves the right to disqualify the potential winner based on the results of such background check if Sponsor determines in its sole discretion that awarding the Prize to any such individual might reflect negatively on the Sponsor. Upon verification of eligibility, each Prize winner will be notified by phone or email. Prize winners will be provided with directions to claim their respective Prize. The Sponsor shall not be held responsible for any delays in awarding a Prize for any reason. If, after a good-faith attempt, Sponsor is unable to award or deliver a Prize, the Prize may not be re-awarded. Prizes are not transferable and include only the items specifically listed as part of each Prize. Any portion of a Prize not accepted by winner will be forfeited.
C. Each winner shall be solely responsible for payment of any and all applicable federal, state, and local taxes for any Prize won. Approximate retail values are as of the time these Official Rules were printed and the value of a Prize may fluctuate. The prizewinners shall additionally be solely responsible for all other expenses not specified herein as being awarded including without limitation, delivery charges, processing, and handling fees. No purchase or payment of any consideration is necessary to enter the Sweepstakes.
9. PUBLICITY RIGHTS: By participating in the Sweepstakes and/or accepting a Prize, each entrant agrees to allow Sponsor and Sponsor's designee the perpetual right to use his/her name, biographical information, photos and likeness, voice recording, video images and all related footage, and statements for Sweepstakes, trade, commercial, advertising and publicity purposes, at any time or times, in all media now known or hereafter discovered worldwide including but not limited to television (including live television), radio, Internet, without notice, review or approval and without additional compensation except where prohibited by law.
10. LIMITATION OF LIABILITY: By participating in this Sweepstakes, entrants acknowledge that the Sweepstakes Sponsor and its officers, directors, stockholders, affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, website providers and each their respective officers, directors, stockholders, employees, representatives, designees and agents ("Released Parties") are not responsible for: (i) lost, late, incomplete, stolen, misdirected, postage due or undeliverable e-mail/text notifications or postal mail; (ii) any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections, or availability; (iii) garbled, corrupt or jumbled transmissions, service provider/network accessibility, availability or traffic congestion; (iv) any technical, mechanical, printing or typographical or other error; (v) the incorrect or inaccurate capture of registration information or the failure to capture, or loss of, any such information; (vi) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, technical error, theft or destruction or unauthorized access to the Sweepstakes; (vii) any injury or damage, whether personal or property, to entrants or to any person's computer related to or resulting from participating in the Sweepstakes and/or accepting a Prize; and (viii) entries that are late, forged, lost, misplaced, misdirected, tampered with, incomplete, deleted, damaged, garbled or otherwise not in compliance with the Official Rules. Further, the Sponsor is not responsible for any undelivered text messages or e-mails, including without limitation, e-mails that are not received because of an entrant's privacy or spam filter settings that may divert any winner notification or other Sweepstakes related e-mail to a spam or junk folder.
By entering the Sweepstakes, each entrant agrees: (i) to be bound by these Official Rules, including entry requirements; (ii) to waive any rights to claim ambiguity with respect to these Official Rules; (iii) to waive all of his/her rights to bring any claim, action or proceeding against any of the Released Parties in connection with the Sweepstakes; and (iv) to forever and irrevocably agree to release and hold harmless each of the Released Parties from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability, costs and expenses (including, without limitation, reasonable attorneys' fees) (collectively, “Claims”), WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF ANY OF THE RELEASED PARTIES, that may arise in connection with, or are related in any way, to the Sweepstakes, including, without limitation any Claims related to (a) any Sweepstakes-related activity or element thereof, or the entrant's entries, participation or inability to participate in the Sweepstakes; (b) the violation of the entrant’s or any third-party privacy, personal, publicity or proprietary rights; (c) acceptance, attendance at, receipt, travel related to, participation in, delivery of, possession, defects in, use, non-use, misuse, inability to use, loss, damage, destruction, negligence or willful misconduct in connection with the use of a Prize (or any component thereof); (d) any change in the prizing (or any components thereof); (e) human error; (f) any wrongful, negligent, or unauthorized act or omission on the part of any of the Released Parties; (g) lost, late, stolen, misdirected, damaged or destroyed prizing (or any element thereof); or (h) the negligence or willful misconduct by entrant.
If, for any reason, the Sweepstakes is not capable of running as planned, or the integrity and/or feasibility of the Sweepstakes is severely undermined by any event beyond the control of Sponsor, including, but not limited to fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, or any federal, state or local government law, order, or regulation, order of any court or jurisdiction, infection by computer virus, unauthorized intervention, technical failures or other cause not reasonably within the control of Sponsor (each a "Force Majeure" event or occurrence), Sponsor reserves the right, at its sole and absolute discretion, to abbreviate, cancel, terminate, modify or suspend the Sweepstakes and/or proceed with the Sweepstakes, including the selection of winners in a manner it deems fair and reasonable, including the selection of winners from among eligible entries received prior to such cancellation, termination, modification or suspension without any further obligation provided a sufficient number of eligible entries are received. If Sponsor, in its discretion, elects to alter this Sweepstakes as a result of a Force Majeure event, a notice will be posted at www.odomcorp.com.
Without limiting the foregoing, everything regarding this Sweepstakes, including the Prizes, is 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. DISPUTES: THIS SWEEPSTAKES IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF WASHINGTON, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN SPOKANE COUNTY, WASHINGTON. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION IN ACCORDANCE WITH ITS ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF ("AAA RULES"). THE AAA RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN WASHINGTON. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN SPOKANE COUNTY, WASHINGTON. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, INCLUDING ATTORNEYS' FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. ENTRANTS AGREE THAT THE RIGHTS AND OBLIGATIONS OF ANY ENTRANT AND/OR SWEEPSTAKES ENTITIES AND/OR ANY OTHER PARTY SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. ANY DEMAND FOR ARBITRATION MUST BE FILED WITHIN ONE (1) YEAR OF THE TIME THE CAUSE OF ACTION OCCURRED, OR THE CAUSE OF ACTION SHALL BE FOREVER BARRED.
13. GENERAL: This Sweepstakes is subject to all federal, state and local laws and regulations. Winning a Prize is contingent upon fulfilling all requirements set forth herein. Any attempted form of participation in this Sweepstakes other than as described herein is void and will result in disqualification, and if such person is selected as a potential winner, revocation of his/her Prize. If it is discovered or suspected that a person has registered or attempted to register or receive entries using multiple telephone numbers, e-mail addresses, identities, IP addresses, or use of proxy servers or like methods, all of that person's entries will be declared null and void and that person will not be awarded any Prize that he/she might have been entitled to receive and such Prize may be forfeited at the Sponsor's sole and absolute discretion. Sponsor reserves the right to disqualify any individual found, in its sole and absolute opinion, to be tampering with the operation of the Sweepstakes, to be acting in violation of these Official Rules or to be acting in an unsportsmanlike manner or with the intent to disrupt the normal operation of the Sweepstakes. Any use of robotic, automatic, macro, programmed, third-party or like methods to participate in the Sweepstakes will void any attempted participation effected by such methods and the disqualification of the individual utilizing the same. CAUTION AND WARNING: ANY ATTEMPT TO DELIBERATELY DAMAGE THE SWEEPSTAKES OR TO UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. 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. In the event of a dispute as to the identity of an entrant, the entry will be declared made by the primary account holder the based on the applicable provider's records. If any provision of these Official Rules or any word, phrase, clause, sentence or other portion thereof should be held unenforceable or invalid for any reason, then that provision or portion thereof shall be modified or deleted in such manner as to render the remaining provisions of these Official Rules valid and enforceable. The invalidity or unenforceability of any provision of these Official Rules or any Prize documents will not affect the validity or enforceability of any other provision. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision and such provision shall remain in full force and effect. All entries and/or materials submitted will not be returned. In the event of any conflict with any Sweepstakes details contained in these Official Rules and the Sweepstakes details contained in any Sweepstakes promotional materials (including, but not limited to, point of sale, television and print advertising, promotional packaging and other promotional media), the details of the Sweepstakes as set forth in these Official Rules shall prevail.
14. RULES. To obtain a copy of these Official Rules, send a stamped, self-addressed envelope to ODOM CORPORATION APPLESOX BASEBALL WEST COAST LEAGUE CONTEST, c/o The Odom Corporation, 11400 Southeast 8th Street, Suite 300, Bellevue WA 98004.
15. WINNERS. For names of winners, send a self-addressed, stamped envelope to: ODOM CORPORATION APPLESOX BASEBALL WEST COAST LEAGUE CONTEST, c/o The Odom Corporation, 11400 Southeast 8th Street, Suite 300, Bellevue WA 98004.