TEXT TO WIN
BAREFOOT YETI COOLER SWEEPSTAKES AT FRED MEYERS
BY SUBMITTING AN ENTRY VIA TEXT MESSAGE, ENTRANTS CONSENT TO RECEIVE UP TO FIVE (5) TEXT MESSAGES VIA AUTOMATED TECHNOLOGY FROM THE SPONSOR REGARDING THIS SWEEPSTAKES. ENTRANTS WILL BE GIVEN THE OPPORTUNITY TO “OPT OUT” (OR UNSUBSCRIBE) EACH TIME THEY RECEIVE A TEXT MESSAGE BY SENDING “STOP” TO SHORTCODE 59925.
CANCELLATION BY THIS METHOD WILL NOT ELIMINATE AN OTHERWISE VALID ENTRY INTO THE SWEEPSTAKES. FOR HELP AT ANY TIME, TEXT “HELP” TO SHORTCODE 59925. CONSENT IS NOT REQUIRED TO BUY GOODS AND SERVICES.
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN
A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING
MESSAGE AND DATA RATES MAY APPLY TO ENTRY VIA TEXT MESSAGE
1. ELIGIBILITY: The Barefoot Yeti Cooler Sweepstakes at Fred Meyers (“Sweepstakes”) is open only to legal United States residents of Alaska who are twenty-one (21) years of age or older at the time of entry. Employees of The Odom Corporation (“Sponsor”) and the "Promotional Participants" (i.e., Barefoot Cellars, participating Fred Meyer stores, Gage Marketing Group, LLC and each of their respective related parent companies, affiliates, subsidiaries, agents, advertising and promotion agencies and suppliers that are involved in the development or execution of this Sweepstakes) and wholesalers, suppliers, distributors and retailers of alcoholic beverage licensees (collectively, “Licensees”) and each of their immediate family members (mother, father, sister, brother, husband, wife, daughter, son, step-father, step-mother, step-daughter, step-son, step‑brother, step-sister, half-brother, half-sister and/or spouses of each) and/or those living in the same household of each are not eligible to enter or win a prize. This Sweepstakes is subject to all applicable federal, state, and local laws and regulations and is void outside of Alaska and where prohibited by law.
2. AGREEMENT TO OFFICIAL RULES: By participating in this Sweepstakes, entrant fully and unconditionally agrees to and accepts these Official Rules and the decisions of the Sponsor, which are final and binding in all matters related to the Sweepstakes.
3. TWO WAYS TO ENTER:
A) Beginning on 11/01/19 at 12:00 AM Alaska Time Zone (“AKT”) through 12/31/19 at 5:00 PM AKT, enter from your text messaging enabled wireless phone by texting the keyword BAREFOOT49 to the shortcode 59925. Once your text message is received, you will receive a reply text message asking you to indicate your date of birth (MM/DD/YYYY) and the 2-letter U.S. postal abbreviation for your state of residence. After you reply to that text message with an eligible date of birth and state of residence, a reply message will be sent to you and you will receive one (1) entry into the Sweepstakes. If you do not reply with an eligible date of birth and state of residence, you will not receive an entry into the Sweepstakes.
B) ALTERNATE METHOD OF ENTRY: To enter without using a text messaging enabled wireless phone, on a plain piece of 3” x 5” paper, hand print your complete name, street address (no P.O. Boxes), city, state, ZIP code, date of birth (mm/dd/yy), plus daytime phone number. Mail entry in a hand-addressed, business-size (#10) envelope with first-class postage affixed, to: Barefoot Yeti Cooler Sweepstakes, The Odom Corporation, 6300 Changepoint Dr., Anchorage, AK, 99518. Entries must be postmarked by 12/31/19 and received by 1/06/20. No mechanically reproduced entries permitted. Illegible or incomplete entries are void.
Limit one (1) entry per person, per day regardless of method of entry. Multiple participants are not permitted to share the same text messaging enabled wireless phone. Any attempt by an Entrant to obtain more than one (1) entry, per day by using multiple text messaging capable devices or any other methods, will void all of that Entrant's attempted Entries and that Entrant may be disqualified.
4. RANDOM DRAWING/WINNER NOTIFICATION: Potential prize winners will be selected in a random drawing held on or about 1/07/20 from among all eligible entries received. Odds of winning depend on the number of eligible entries received. Potential winners will be notified by phone or mail. If applicable, one text or voicemail message will be left, and potential winner must respond to the message to confirm eligibility within forty-eight (48) hours of receipt of message (specified date and time will be indicated in message). If a potential prize winner cannot be contacted, or he/she does not respond by designated deadline or if Sponsor is unable to leave/send a message, such potential winner will be automatically disqualified, and an alternate potential winner may be selected.
5. PRIZES AND APPROXIMATE RETAIL VALUES (“ARV”): Two (2) Grand Prizes - one (1) Yeti Hopper soft cooler. ARV: $300 each prize. Two (2) First Prizes – one (1) Yeti Panga Backpack. ARV: $300 each prize. Two (2) Second Prizes – one (1) Yeti Tundra 35 Hard cooler. ARV: $250 each prize. Two (2) Third Prizes – one (1) Yeti Roadie Cooler. ARV: $200 each prize. Prizes consist of only the item specifically listed as the prize. Sponsor reserves the right to substitute a prize with a prize of equal or greater value should any of the advertised prizes become unavailable for any reason. No substitution, cash redemption or transfer of prize by winners permitted. Prize must be accepted as awarded. Each prize is awarded “AS IS” with no warranty, representation, or guarantee, express or implied, in fact or in law, made by Sponsor or for which Sponsor shall be liable, including, without limitation, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. All federal, state and local taxes are the sole responsibility of each winner. Limit of one (1) prize per person/household.
6. PUBLICITY: Except where prohibited, participation in the Sweepstakes and acceptance of a prize constitutes winner’s consent for Sponsor to use winner’s name, likeness, prize information, city and state of residence for promotional purposes in any media without further consideration.
7. RELEASE AND LIMITATIONS OF LIABILITY/GENERAL RULES: Except where prohibited, by participating in the Sweepstakes, entrants agree to release and hold harmless Sponsor, Barefoot Cellars, participating Fred Meyer stores, The Kroger Company, Gage Marketing Group, LLC and their respective parents, subsidiaries, affiliates, promotional partners, prize providers, agents and agencies, and the officers, directors and employees of them (the “Released Parties”) from and against any claim or cause of action arising out of participation or attempt to participate in the Sweepstakes or receipt or use of any prize, including, but not limited to (a) unauthorized human intervention in the Sweepstakes; (b) printing errors or incorrect announcements of any kind; (c) errors in the administration of the Sweepstakes or the processing of entries; (d) lost, late, damaged, delayed, mutilated, postage due, incomplete, invalid, illegible, unintelligible, or misdirected entries, entries not received by the entry deadline or for electronic, network failures, malfunctions, lost or unavailable network connections, traffic congestion of wireless waves, or failed, incomplete, garbled, interrupted, disconnected or delayed wireless transmission that may limit a user's ability to participate in this Sweepstakes, or other hardware, software or technical errors of any kind including any injury or damage to any person's wireless device related to or resulting from participating in or experiencing any material connection with the Sweepstakes undeliverable text messages; (e) injury 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. 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. If for any reason an entrant’s entry is confirmed to have been erroneously lost or otherwise destroyed, entrant’s sole remedy is another Sweepstakes entry, if it is possible. Sponsor reserves the right to cancel or modify the text message entry portion of the Sweepstakes if fraud, misconduct or technical failures destroy the integrity of the Sweepstakes or if a computer virus, bug, or other technical problem corrupts the administration, security, or proper administration of the Sweepstakes as determined by Sponsor, in their sole discretion. If the Sweepstakes, or any part of it, is discontinued for any reason, Sponsor, in its sole discretion, may elect to hold the random drawing from among all eligible entries received up to the date of discontinuance for the prizes offered herein. In the event a dispute arises regarding specific individual entitled to receive prize, an entry made by text-messaging will be declared made by the "authorized account holder" of the wireless phone number account from which the winning text message was received. "Authorized account holder" is defined as the natural person in whose name the wireless account has been issued and the services are billed. Entrants may be requested to provide Sponsor with proof that the participant is the authorized wireless device account holder of the wireless device associated with the account/submission. Any use of robotic, automatic, programmed or the like methods of participation will void all submissions by such methods and be deemed tampering. Sponsor reserves the right to prohibit the participation of an individual if fraud or tampering is suspected, or if the individual fails to comply with any requirement of participation as stated herein or with any provision in these official rules. No more than the stated number of prizes will be awarded. All materials submitted become the property of the Sponsor and will not be returned.
8. PRIVACY: By participating in this Sweepstakes, you acknowledge and agree that all information and material, including any personal information provided in your entry materials or prize acceptance documents, will be collected, used and disclosed by Sponsor and its authorized agents, representatives, and other third parties involved in the execution, administration, or hosting of this Sweepstakes, for the purposes of administering the Sweepstakes and prize fulfillment and may be further publicized as described above.
9. DISPUTES: Entrant agrees that: (a) 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 resorting to any form of class action, and exclusively by the United States District Court for Juneau, Alaska or the appropriate Alaska State Court; and (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering any Promotion, but in no event attorneys' fees. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor’s in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Alaska, without giving effect to any choice of law or conflict of law rules (whether of the State of Alaska or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Alaska.
10. WIN LIST: For the names of the winners, available after 1/07/20, send a separate, self-addressed, stamped (#10) envelope to: The Barefoot Yeti Cooler Sweepstakes Win List Request, The Odom Corporation, 6300 Changepoint Dr., Anchorage, AK, 99518, to be received by 1/31/20.
11. SPONSOR: The Odom Corporation, 6300 Changepoint Dr., Anchorage, AK, 99518. Barefoot Cellars is not a sponsor of this Sweepstakes.
ADMINISTRATOR: Gage Marketing Group, LLC, 10000 Highway 55, Minneapolis, MN 55441.