Peachtree Party Night: Official Sweepstakes Rules
NO PURCHASE NECESSARY TO ENTER OR WIN A PRIZE IN THIS SWEEPSTAKES. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.
THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH TWITTER, INC. (“TWITTER”). A VALID TWITTER ACCOUNT AND INTERNET ACCESS ARE REQUIRED FOR A CHANCE TO WIN A PRIZE. IF YOU ENTER VIA TWITTER AND DO NOT FOLLOW @HAWKSONFSSE ON TWITTER, IT MAY AFFECTSPONSOR’S ABILITY TO COMMUNICATE WITH YOU, WHICH MAY RESULT IN YOURDISQUALIFICATION.
BY ENTERING, YOU AGREE TO THESE OFFICIAL RULES (“OFFICIAL RULES”), WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE SPONSOR FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
1. SWEEPSTAKES PERIOD: The Sweepstakes begins January 6, 2020, at 12:01 a.m. Eastern Time(“ET”) and ends January 14, 2020 at 11:59:59 p.m. ET (“Sweepstakes Period”). The Sponsor’s databasecomputer is the official time-keeping device for this Sweepstakes. By participating in this Sweepstakes, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Sportsouth Network II, LLC, a Delaware limited liability company (operator of Fox Sports Southeast), located at 1175 Peachtree Street, NE, Atlanta, Georgia 30361 (“Sponsor”), which shall be finaland binding in all respects.
2. ELIGIBILITY: This Sweepstakes is open only to individuals who are legal residents of the Georgia, Alabama, Mississippi (Greenwood, Greenville, Columbus, Tupelo, Jackson, Meridian, Hattiesburg), Tennessee (Nashville, Chattanooga, Knoxville, Tri-Cities), South Carolina (Charleston, Anderson), and Louisiana (Baton Rouge), who are eighteen (18) years of age or older, who have Internet access and/or a data plan, use of a device to post using the Twitter Platform (defined below), and are registered users of the Twitter Platform in good standing at time of entry and through the Sweepstakes Period. Corporate entities are not eligible and have no right to claim any prize won by its employees. Employees, officers, directors, members, managers, agents, and representatives of Sponsor, , its respective corporate partners, parent companies, divisions, subsidiaries, affiliates, successors in interest, advertising, promotion, public relations, fulfillment and marketing agencies (collectively, the “Promotion Entities”) and members of their immediate families and individuals living in the same household as such individuals, are not eligible. For the purposes of this Sweepstakes, immediate family members are defined as spouse, domestic partner, mother, father, legal guardian, in-laws, grandmother, grandfather, brother, sister, children and grandchildren. Participation in this Sweepstakes constitutes entrant’s full and unconditional agreement to and acceptanceof these Official Rules and the decisions of Sponsor. By participating in the Sweepstakes, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Sponsor, including the interpretation of these Official Rules, which will be final and binding in all respects.
3. TO ENTER: During the Sweepstakes Period, during the Hawks games on FOX Sports Southeast on January 6, January 8, January 10, January 12, and January 14, 2020, listen for the hashtag and instructions. The instructions will require you to Tweet a response using a specified hashtag along with the hashtag#SWEEPSTAKES to @HAWKSONFSSE (the “Entry”). Each Twitter Entry must include the mentioned hashtag along with the official hashtag #SWEEPSTAKES. If you post updates to or receive updates from Twitter via your wireless phone, standard message and data rates will apply. You can also follow
@HawksonFSSE on the Twitter website. Check with your service provider for details. Be sure your account information is up to date because that information will be used to contact you if you are selected as a potential winner. Each eligible Entry will receive one (1) entry into the Sweepstakes. Only Twitter Entries will be deemed eligible. There is a limit of one Entry per person, per Twitter hashtag.
Each entrant must provide a Twitter Account to be eligible. Proof of entering the required information is not considered proof of delivery to or receipt by Sponsor of entry into the Sweepstakes. In the event of a dispute regarding the identity of who actually submitted an entry, the entry will be deemed submitted by the“authorized account holder” of the Twitter Account supplied at the time of entry. The authorized accountholder is defined as the natural person to whom the applicable Twitter Account has been assigned by Twitter. Proof (to Sponsor’s satisfaction) of being the authorized account holder may be required by Sponsor, in Sponsor’s sole and absolute discretion.
Note: Entry must be made by the entrant, only in the manner as set forth herein. All other methods of entry are considered void, including but not limited to entries made by any other individual or any entity, and/or originating at any other website or e-mail address, including but not limited to commercial sweepstakes subscription notification and/or entering service sites, will be declared invalid and disqualified for this Sweepstakes. Multiple entrants are not permitted to share the same Twitter Account. Any attempt by any participant to obtain more than one (1) Entry by using multiple/different Twitter Accounts, identities, registrations or logins, or any other methods will be declared void and as such deemed ineligible for this Sweepstakes. Any entrant who attempts to repost the same tweet repeatedly will be deemed ineligible. The use of any device to automate the entry process is prohibited.
The Promotion Entities shall not be responsible for incorrect or inaccurate entry information whether caused by Internet users, wireless users, or by any of the equipment or programming associated with or utilized in the Sweepstakes or by any technical or human error, which may occur in the processing of the entries in the Sweepstakes. The Promotion Entities assume no responsibility or liability for any error, omission, interruption, deletion, theft or destruction, or unauthorized access to, or alteration of entries. Sponsor is not responsible for lost, incomplete, late, damaged, or misdirected entries, email messages; or other communications malfunctions; interrupted or unavailable network, server or other connections including those through and/or by the website; miscommunications, failed computer hardware or software or other technical failures; garbled, lost, misrouted or scrambled transmissions; any error, omission, interruption, defect or delay in any transmission or communication; traffic congestion on the Internet or for any technicalproblem, including but not limited to any injury or damage to an entrant’s or any other person’s computerrelated to or resulting from participation in this Sweepstakes; printing or other errors appearing within these Official Rules or in any Sweepstakes-related advertisements or other materials; or other errors or problems of any kind whether mechanical, human, technical, electronic or otherwise.
4. DRAWINGS AND PRIZEWINNER NOTIFICATIONS: Up to a total of five (5) prizewinners will be selected. Non-winning entries from the Sweepstakes Period will not carry forward into a subsequent Sweepstakes Period. Each potential prizewinner will be notified via direct message on Twitter to the Twitter Account used to enter the Sweepstakes. Each potential prizewinner will be required to respond within five (5) minutes to Sponsor via Direct Message or any other method in which Sponsor in its absolute discretion deems appropriate with the required information. If any selected prizewinner cannot be reached or does not respond within five (5) minutes of the initial attempt to notify such potential prizewinner, the prize may be forfeited and an alternate prizewinner may be selected in a random drawing from the remaining eligible entries. Sponsor will attempt to contact up to five (5) potential prizewinners in accordance with the above procedure, after which, the prize may go unawarded if it remains unclaimed. If any potential prizewinner is found to be ineligible, or if he or she has not complied with these Official Rules or declines the prize or any portion thereof for any reason prior to award, such potential prizewinner will be disqualified and an alternate prizewinner may be selected in a random drawing from the remaining eligible entries. Sponsor shall have no liability for any prizewinner notification that is lost, intercepted, or not received by any potential prizewinner for any reason.
5. PRIZE/APPROXIMATE RETAIL VALUE (ARV)/ODDS: Up to a total of five (5) prizes will be awarded. During the Sweepstakes Period, five (5) winners will receive: (a) admission for four (4) to the Atlanta vs. Detroit basketball game on January 18, 2020 at State Farm Arena in Atlanta, Georgia (the“Arena”); and (b) round-trip transportation on a coach bus from TopGolf Midtown, or such other location as designated by Sponsor in its sole discretion, to the Arena. The approximate retail value (“ARV”) of each prize is One Hundred Twenty-Four Dollars ($124.00). The total ARV for the Sweepstakes is Six Hundred TwentyDollars($620.00). Oddsofwinningdependupontheactualnumberofentriesreceivedpriortothe end of the Sweepstakes Period.
6. GENERAL PRIZE RESTRICTIONS: No cash alternative or prize substitutions will be allowed except Sponsor reserve the right to substitute prizes of comparable value if a prize listed is unavailable for any reason. The prize packages awarded herein are non-assignable and nontransferable. If lost, the prize package or any portion thereof will not be replaced. Each prizewinner is solely responsible for the reporting and payment of any federal, state and/or local taxes on a prize. In the event a prizewinner or his or her guest engage in behavior that (as determined by Sponsor in its sole discretion) is obnoxious or threatening, illegal or that is intended to annoy, abuse, threaten any other person, Sponsor reserves the right to terminate the applicable event, in whole or in part, and send the prizewinner and/or his or her guests home with no further compensation. Upon verification of entrant’s win and compliance with these Official Rules, delivery of theapplicable prize package will be coordinated by a representative of Sponsor and the prizewinner will receive further notification with details on how to claim the applicable prize package once contact has been made via Direct Message on Twitter.
7. GENERAL PRIZE CONDITIONS: Eligibility, age and all claims made by prizewinner(s) are subject to verification. Sponsor and its agents are not responsible for fraudulent communications including without limitation phone calls, mail, and e-mails made by or sent to entrants. Prizewinners may be required to execute an Affidavit of Eligibility, a Liability Release and a Publicity Release (“Affidavit/Publicity Release”). The Affidavit/Publicity Release must be returned within the time indicated on the documents.If a potential prizewinner fails to return such documents within the prescribed time, then such potential prizewinner may be disqualified and an alternate prizewinner may be selected from the remaining eligibleentries. Except where imposing such condition is expressly prohibited by law, each prizewinner’s entry andacceptance of the prize constitutes permission for the Sponsor and its agents to use said prizewinners’ name,photograph, likeness, statements, biographical information, voice, and city and state for all purposes and in all forms of media, in perpetuity, without further notice or compensation.
Depiction of the prizes in any advertising, promotional materials, or on the website may not reflect the actual prize delivered to the winner. Sponsor or its agents shall not be responsible for delays in delivery of any3
prize once it has been shipped by Sponsor or its agents. Prizewinners shall bear all risk of loss or damage to the prize after it has been delivered to the prizewinners.
8. CONDITIONS OF PARTICIPATION: This Sweepstakes is subject to all applicable federal, state, and local laws. Each entrant hereby: (a) agrees that the Promotion Entities will have no liability whatsoever for, and shall be held harmless by participants against any liability for any injuries, losses or damages of any kind to person(s), including death, or property resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any prize or participation in this Sweepstakes or any Sweepstakes- related activity, or for any typographical or other error in the printing, offering or announcement of any prize; (b) releases the Promotion Entities from all liability, claims, action, or proceedings relating to this Sweepstakes and from injuries or damages arising in connection with or relating to participation in this Sweepstakes, or use or misuse of the prize; and (c) waives any right to claim ambiguity in the Sweepstakes or these Official Rules. This Sweepstakes may not be used for any form of gambling.
9. IMPORTANT: PLEASE READ – GENERAL RELEASE AND LIMITATIONS ON LIABILITY. By entering the Sweepstakes, entrants agree that: (1) any and all disputes, claims, and causes of action arising out of or connected with the Sweepstakes, or any prizes awarded, shall be resolved individually, without resort to any form of class action; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes, but in no event will attorneys’ fees be awarded or recoverable; and (3) under no circumstances will any entrant be permitted toobtain any award for, and entrant hereby knowingly and expressly waives all rights to seek, punitive, incidental or consequential damages and/or any other damages, other than actual out-of-pocket expenses, and/or any and all rights to have damages multiplied or otherwise increased. Each entrant acknowledges and agrees that the Promotion Entities are not responsible for any costs, injuries, losses, or damages of any kind arising from or in connection with: (i) incomplete, lost, late, misdirected, or illegible entries or for failure to receive entries due to any cause, including without limitation human, transmission, or technical problems, failures, or malfunctions of any kind, whether originating with sender, with Sponsor, or otherwise,that may limit an entrant’s ability to participate in the Sweepstakes; (ii) incorrect or inaccurate informationwhether caused by internet users, or by any equipment or programming associated with or utilized in connection with this Sweepstakes and assume no responsibility for any error, omission, malfunction, interruption, deletion, defect, or delay in operation or transmission, communications line failure, theft, or destruction or unauthorized access to, tampering, or hacking; (iii) any injury or damage resulting from participation in the Sweepstakes and/or the use and/or misuse of any prize (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to, loss or destructionof property, or any claims, costs, injuries, losses, or damages related to or based on the entrant’s rights of publicity or privacy); or (iv) the entrant’s claim that he or she has somehow been defamed or portrayed in afalse light. Promotion Entities assume no responsibility for any damage to an entrant’s computer system,which is occasioned by accessing the website, or participating in the Sweepstakes, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature, or for the incorrect or inaccurate capture of information, or the failure to capture any information. Sponsor reserves the right, in its sole discretion, to disqualify any entrant it finds to be tampering with the entry process or operation of the Sweepstakes or to be acting in an unsportsmanlike or disruptive manner, or with intent to threaten, abuse or harass any other person. Sponsor reserves the right to modify, extend, suspend, or terminate the Sweepstakes if it determines, in its sole discretion, that the Sweepstakes is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other causes beyond Sponsor’s control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of the Sweepstakes as contemplated herein. In the event Sponsor is prevented from awarding prizes or continuing with the Sweepstakes as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made epidemic of health of other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance,
terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis (e.g., SARS), order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), then subject to anygovernmental approval which may be required, Sponsor shall have the right to modify, suspend, or terminate the Sweepstakes. If the Sweepstakes is terminated before the designated end date, Sponsor will (if possible) select winner(s) in a random drawing from all eligible, non-suspect entries received as of the date of the event giving rise to the termination. Inclusion in such drawing shall be each entrant’s sole and exclusiveremedy under such circumstances. These Official Rules cannot be modified or amended in any way except in a written document issued by a duly authorized representative of Sponsor. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
10. GOVERNING LAW: ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES, OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR SPONSOR IN CONNECTION WITH THE SWEEPSTAKES OR IN CONNECTION WITH ANY SUBMISSION OR OTHER MA TERIAL SUBMITTED IN CONNECTION WITH THE SWEEPSTAKES, SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF CALIFORNIA WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OF CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S LAWS. THEINVALIDITY OR UNENFORCEABILITY OF ANY PROVISION OF THESE RULES SHALL NOT AFFECT THE VALIDITY OR ENFORCEABILITY OF ANY OTHER PROVISION. IN THE EVENT THAT ANY PROVISION IS DETERMINED TO BE INVALID OR OTHERWISE UNENFORCEABLE OR ILLEGAL, THESE OFFICIAL RULES SHALL OTHERWISE REMAIN IN EFFECT AND SHALL BE CONSTRUED IN ACCORDANCE WITH THEIR TERMS AS IF THE INVALID OR ILLEGAL PROVISION WERE NOT CONTAINED HEREIN.
IN NO EVENT WILL THE PROMOTION ENTITIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR PARTICIPATION IN THE SWEEPSTAKES. WITHOUT LIMITING THE FOREGOING, ALL PRIZES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND THE PROMOTION ENTITIES HEREBY EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES, 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. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE RIGHT IS RESERVED BY SPONSOR TO SEEK DAMAGES TO THE FULLEST EXTENT OF THE LAW.
11. WINNER’S LIST/OFFICIAL RULES: For a copy of these Official Rules or to find out who won, send a self-addressed, stamped envelope indicating “Peachtree Party Nights Sweepstakes,” to Sportsouth Network II, LLC, a Delaware limited liability company (operator of Fox Sports Southeast). Requests for winner information must be received no later than six (6) months after the Promotion Period. Vermont 5 residents may omit return postage for Official Rules requests. Only one (1) request per outer envelope. The Official Rules may not be available following the end of the Sweepstakes Period.
12. ADMINISTRATOR: to Sportsouth Network II, LLC, a Delaware limited liability company (operator of Fox Sports Southeast) located at 1175 Peachtree Street, NE, Atlanta, Georgia 30361.