Giveaway terms and conditions 10/01/2020
Tier One Monomount Prize Draw - October edition
NO PURCHASE NECESSARY TO PLAY OR TO WIN. PURCHASE WILL NOT INCREASE YOUR ODDS OF WINNING.
The Monomount giveaway (the “Promotion”) is sponsored by Tier One USA (“Sponsor”). By entering the Promotion, you agree to comply with and be bound by the following Contest Rules (the “Contest Rules”). Please review the Contest Rules carefully. If you do not agree to the terms and conditions of the Contest Rules in their entirety, you are not permitted to enter the Promotion.
The Promotion is open only to individuals that are legal residents of, and living in, the United States and the District of Columbia, who are eighteen (18) years of age or older (or the applicable age of majority, if greater than eighteen (18) years of age in your jurisdiction) and that can enter into legally binding contracts under applicable law. The Promotion is expressly void in Puerto Rico and anywhere internationally or otherwise prohibited by law. Employees, officers and directors of Sponsor, its legal representatives, affiliates, parent, subsidiaries, advertising, promotional, fulfillment and marketing agencies, and their immediate families (and those living in their respective households), are not eligible to participate or claim the Prize (as defined below) in the Promotion.
LIMITED TIME ONLY:
The Promotion period (“Promotion Period”) begins at 12pm. Eastern Standard Time (“EST”) on October1st 2020 and ends at 12pm. EST on November 15th 2020. Entries must be received prior to the expiration of the Promotion Period to be eligible for a Prize.
HOW TO ENTER:
Entrants wishing to enter the Promotion must go to the Promotion web page on the Sponsor website, located at [tier-one-usa.com] and completely fill out the online entry form by providing the required information and then submit the online form, OR, by completing the native form in the Facebook ad. In order to complete the online entry form, each contestant must include her/his: (a) email address; (b) full name and any other information requested on the online entry form (collectively, “Registration Data”). Upon successful submission of all Registration Data by an entrant, that entrant shall receive one (1) entry in the Promotion (each, an “Entry”). Entrants must update their Registration Data, as necessary, to remain eligible to win the Prize.
Entrants may only submit one (1) entry during the Promotion Period. Any Entries submitted in excess of this limitation will be discarded. Multiple participants are not permitted to share the same email address. Any attempt by any participant to obtain more than the permitted number of Entries by using multiple/different mobile devices, identities, registrations and user names, or any other method, will void all of that participant’s Entries and that participant will be disqualified from participating in the Promotion. Use of any automated system to participate in the Promotion is prohibited and will result in disqualification. Sponsor reserves the right to reject any Entry that it believes, in its sole and reasonable discretion, is fraudulent, incomplete or otherwise invalid. Sponsor is not responsible for Entries, claims or notices that are lost, late, illegible, misdirected, damaged, incomplete or incorrect. By entering you agree to receive marketing information by email from Tier One USA.
IDENTIFICATION OF ENTRANTS:
Each Entry will be identified by the applicable entrant’s e-mail address, as collected and stored in the Promotion Database. For purposes of these Contest Rules, the “Promotion Database” is defined as the entire list of valid Entries generated during the Promotion Period.
HOW TO WIN A PRIZE:
Within one (1) business days of the end of the Promotion Period, the company will select (1) Entry from the Promotion Database. The potential Prize winner will be notified via e-mail within ten (10) days after Winner Selection. The potential Prize winner shall be subject to eligibility verification and must reply to our contact within 10 days to claim their prize.
Failure to respond within this time period may result in forfeiture of the Prize, with an alternative Prize winner selected. In addition, the potential Prize winner may be required to provide picture proof of identification, which may include a driver’s license, passport, voting card or similar government issued identification, and proof that she/he is the entrant that submitted the applicable winning Entry. The return of a Prize and/or Prize notification as undeliverable may result in forfeiture of the Prize. In no case shall Sponsor be liable in any manner where a potential Prize winner has not received notification sent from Sponsor or where Sponsor fails to receive a response from the potential Prize winner within the required response period.
The winning Entry, as well as the associated information of the potential Prize winner, must identically match the records maintained by Sponsor in order for a Prize to be awarded. In the event of a dispute, the information maintained by Sponsor will govern. Entries will be deemed made by the person under whose e-mail address the Entry was submitted, regardless of who actually submitted the Entry.
1 prize worth $395 or closest to that figure, being a Tier One Monomount in any specification, as configured by the winner. The Prize winner will not receive the difference between the actual Prize value and the ARV.
The Prize is non-transferable, and no substitution will be made except as provided herein, in Sponsor’s sole discretion. Sponsor reserves the right to substitute the Prize, or any portion thereof, for a substitute of equal or greater value for any reason. Some restrictions may apply.
ODDS OF WINNING A PRIZE:
The odds of winning a Prize depend on the number of entrants participating in Promotion during the Promotion Period.
Federal, state and local taxes, customs fees, and all similar fees and assessments, are the responsibility of the Prize winner.
NO SUBSTITUTION OF WINNERS:
No substitution or transfer of Prizes will be accommodated or permitted, other than as expressly set forth herein or in Sponsor’s sole discretion.
Promotion entry constitutes permission for Sponsor to use entrants’ names and likenesses for advertising and promotional purposes without further compensation, excluding residents of the State of Tennessee and where otherwise prohibited by law.
By entering the Promotion, each entrant agrees to release and hold harmless Sponsor, its representatives, affiliates, subsidiaries, parent, agencies and their respective members, officers, directors, employees and agents from and against any and all liability for any injuries, loss or damage of any kind arising from, or in connection with, the Promotion including, but not limited to, liability arising from copyright infringement, improper use of likeness, personal injury, death, damages or monetary loss. Restrictions, conditions and limitations apply. By entering, each entrant further agrees that, in the event that there is any conflict or other inconsistency between the Contest Rules and any advertisements, promotional or marketing materials, e-mails or announcements relevant to the Promotion, these Contest Rules will govern.
CHOICE OF LAW/DISPUTE RESOLUTION/CLASS ACTION:
These Contest Rules shall be treated as though they were executed and performed in England, United Kingdom and shall be governed by and construed in accordance with the laws of England & Wales (without regard to conflict of law principles). If there is a dispute regarding the winner of the competition the dispute will be resolved by decision of the Sponsor only, at his sole discretion. You agree to be bound by this decision in any event.
To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against Sponsor and/or its employees, officers, directors, members, representatives and/or assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney’s fees and court costs that Sponsor incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (A) does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (B) is an independent agreement. You may opt-out of these dispute resolution provisions by providing written notice of your decision within thirty (30) days of the date that you first enter the Promotion.
Sponsor, its legal representatives, affiliates, subsidiaries, parent, agencies and their respective members, officers, directors, employees and agents, are not responsible for lost, interrupted or unavailable network server or other connections, miscommunications, failed telephone or computer transmissions or technical failure, lost Entries, jumbled, scrambled or misdirected transmissions, or other error of any kind, whether human, mechanical or electronic. Persons found tampering with or abusing any aspect of the Promotion, as solely determined by Sponsor, will be disqualified. If disqualified for any of the above reasons, Sponsor reserves the right to terminate entrant’s eligibility to participate in the Promotion. In the event that any portion of the Promotion is compromised by technical error, virus, bugs, non-authorized human intervention or other causes beyond the control of Sponsor which, in the sole opinion of Sponsor, corrupts or impairs the administration, security, fairness or proper determination of the Promotion, Sponsor reserves the right, in its sole discretion, to suspend or terminate the Promotion or any part of the Promotion, or any combination of the above. Sponsor, its legal representatives, affiliates, subsidiaries, parent, agencies and their respective members, officers, directors, employees and agents are not responsible for any problem with Entries generated by computer hardware or software malfunction, error or failure, whatever the cause.
You agree to release, indemnify and hold Sponsor, its legal representatives, affiliates, subsidiaries, parent, agencies and their respective members, officers, directors, employees and agents, harmless from and against any and all claims, expenses (including reasonable attorneys' fees, costs and settlement costs), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your improper and/or unauthorized participation in the Promotion; (b) your breach of these Contest Rules; and/or (c) your violation of any rights of another individual and/or entity. The provisions of this paragraph are for the benefit of Sponsor and its legal representatives, affiliates, subsidiaries, parent, agencies and their respective members, officers, directors, employees and agents. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
Any attempt by any individual, whether or not an entrant, to damage, destroy, tamper with or vandalize the Site, or otherwise interfere with the operation of the Promotion, is a violation of criminal and civil law and Sponsor will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.