Sweepstakes Official Rules
2014 Pinnacle Propane Qualifying Days
Sweepstakes Official Rules
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE OR IMPROVE YOUR CHANCES OF WINNING. SUBJECT TO APPLICABLE FEDERAL, STATE, LOCAL AND MUNICIPAL LAWS AND REGULATIONS. VOID OUTSIDE SWEEPSTAKES TERRITORY AND WHEREVER PROHIBITED
- ELIGIBILITY. Subject to the additional restrictions below, the Pinnacle Propane Qualifying Days Sweepstakes (the “Sweepstakes”) is open to legal U.S. residents of the States of Texas, Arkansas and Oklahoma (the “Territory”), and (b) are at least 21 years of age. The Sweepstakes is void outside of the Territory and where prohibited or restricted by law. Employees of Sponsor or Sponsor’s affiliates, and household family members of such employees, are ineligible to enter or win.
- ENTRY PERIOD. The Sweepstakes entry period begins at 9:00am Central Time (“CT”) on October 6, 2014 and ends at 11:59pm CT on October 23, 2014 (the “Entry Period”).
HOW TO ENTER. NO ACTUAL PURCHASE OR TRANSACTON IS REQUIRED TO ENTER THE SWEEPSTAKES. There are two (2) ways to enter: automatic entry with purchase or entry without purchase by U.S. mail. All entries must be received during the Entry Period. There are no restrictions on the number of entries a participant may have during the Entry Period. Any attempted form of participation in the Sweepstakes other than as described herein is void. All entries become the exclusive property of Sponsor and will not be acknowledged or returned. Participants agree not to hold Sponsor, their employees, officers and/or affiliates responsible for lost, late, incomplete, misdirected, damaged, postage-due or illegible entry materials.
- Automatic Entry With Purchase. Any Pinnacle Propane, LLC customer who receives a delivery of propane in any quantity from a Participating Location during the Entry Period will automatically receive one (1) Sweepstakes entry per delivery made during the Entry Period. Entry will be deemed submitted by the primary person on the customer’s account. Participants are limited to one (1) entry per delivery, but there is no limit on the number of deliveries or entries a participant may receive.
- Entry Without Purchase by U.S. Mail. You may enter the Sweepstakes without purchase via U.S. Mail by hand-printing your complete name, postal mailing address, city, state, ZIP code, email address and primary phone number (including area code) an a piece of paper, and mail your entry to 2014 Pinnacle Propane Qualifying Days Sweepstakes – Entry Request, Pinnacle Propane, LLC, 600 E. Las Colinas Blvd., Suite 2000, Irving, TX 75039. Mail-in entries must be received during the Entry Period. There is no limit on the number of mail-in entries; however, only one entry per postmarked and stamped envelope will be accepted. No mechanical reproductions permitted. Illegible, incomplete or inaccurate entry materials will be disqualified. Entrants are responsible for all third party-imposed costs and fees, including the cost of postage. Proof of mailing does not constitute proof of delivery. Entries submitted under this Rule 3(b) shall be entered in the drawing at the Dallas, TX branch.
- Participating Locations. Participating locations are Sponsor’s store branches in the following cities: Greenbrier, AR; Hiwasse, AR; Anadarko, OK; Oklahoma City, OK; Bulverde, TX; Dallas, TX; Dripping Springs, TX; Georgetown, TX; Houston, TX; Lubbock, TX; Marble Falls, TX; Midland, TX; Odessa, TX; and Seguin, TX (the “Participating Locations).
- AGREEMENT TO OFFICIAL RULES AND DECISIONS. By entering the Sweepstakes, each entrant irrevocably, fully and unconditionally agrees to be bound by and accepts these Official Rules and the decisions of Sponsor (including, without limitation, decisions regarding the eligibility of entries and entrants, the selection of winners, and the awarding of prize), which are final and binding in all respects.
- DRAWING. On or about October 24, 2014, each of Sponsor’s Participating Location will randomly select one (1) winner among all eligible entries received during the Entry Period for a total of fourteen (14) winners. Drawing will be conducted by Sponsor, whose decisions will be final on all matters relating to this Sweepstakes. Odds of winning depend on the number of eligible entries for each Participating Location received by Sponsor in this Sweepstakes. Entries submitted under Rule 3(b) herein shall be entered in the drawing at the Dallas, TX branch.
- ODDS. Actual odds of winning any one (1) prize will depend on the number of eligible entries received at each Participating Location during the Entry Period.
- NOTIFICATION. A potential winner will be notified by phone or e-mail. A potential winner will be required to verify eligibility in order to claim his/her prize. A potential winner will be required to execute and return to Sponsor an Affidavit of Eligibility, a Liability Release and, except where prohibited by law, a Publicity Release (an “Affidavit/Release”) in the form(s) provided by Sponsor in order to claim his/her prize. Such Affidavit/Release (and any other materials required by Sponsor) must be returned to Sponsor by the date and/or time indicated within such documents. If a potential winner cannot be contacted within two (2) days of the first attempt to contact him/her, or if a potential winner fails to return the Affidavit/Release (and any other materials required by Sponsor) within the specified time, or if any prize or prize notification is returned as undeliverable, or if the potential winner is found to be ineligible, or if a potential winner does not comply with the Official Rules, then such potential winner may be disqualified and forfeit the prize and an alternate winner may be selected by Sponsor in his/her place at random from among all eligible non-winning entries received by Sponsor in the Sweepstakes; however, Sponsor, in its sole discretion, may adjust the above timing and delivery requirements to accommodate Sponsor’s Sweepstakes schedule. Sponsor is not responsible for the failure of a potential winner to receive any documents or notices for any reason, or for the inability of such potential winner to return any documents for any reason.
PRIZES, REDEMPTION REQUIREMENTS.
- Subject to the terms and conditions of these Official Rules, fourteen (14) prizes shall be awarded in this Sweepstakes as follows: the prize consists of and is limited to a set of four (4) ticket to each day of the 2014 Pinnacle Propane Qualifying Days at the Texas Motor Speedway in Fort Worth, Texas from Friday, October 31, 2014 through Sunday, November 2, 2014. One prize will be awarded for each Participating Location in the Territory, and winners must be a resident of the state where the Participating Location is located to win.
- Sponsor reserves the right to substitute portions of the prize award with items of equal or greater value in the event of unavailability or other factors as determined by Sponsor in its sole discretion. The approximate retail value (“ARV”) of the prize is $1,160. If actual ARV is less than the stated ARV in these Official Rules, the difference will not be awarded in cash. Winner is solely responsible for any and all costs, fees, taxes and expenses associated with prize award, receipt and use not expressly specified herein as part of the prize, including, without limitation, all transportation costs to and from the Texas Motor Speedway, lodging, meals, gratuities, insurance, surcharges and other costs and expenses incurred by the winner and winner’s guests in accepting the prize, and all federal, state and local taxes on the prize. Winner will be issued a United States Internal Revenue Service 1099 tax form for the ARV of the prize.
- Prize is nontransferable, nonassignable, nonnegotiable, and not redeemable for cash or credit. Prize must be accepted as awarded and 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, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. No cash or other substitution may be made, except by Sponsor, who reserves the right (but has no obligation) to substitute a prize (or a component thereof) with another prize (or component thereof, including cash) of equal or greater value if a prize is not available for any reason as determined by Sponsor in its sole discretion. Potential winner is subject to verification prior to the awarding of the prizes, as are the eligibility, age and other claims of/information provided by a potential winner. Sponsor reserves the right to conduct a background check on the potential prize winner, and Sponsor reserves the right to disqualify any individual based on such background check if Sponsor determines in its sole discretion that awarding the prize to any such individual might reflect negatively on Sponsor and/or any of the Sweepstakes Entities. Potential winner will cooperate with Sponsor and its representatives in connection with any and all verification and background check activities, as applicable, including, without limitation, by signing and delivering background check authorizations in the form(s) provided by Sponsor. Unused components of a prize shall be forfeited and have no redeemable cash value. Prize may be subject to additional restrictions/conditions.
- GENERAL CONDITIONS. By participating, each participant forever and irrevocably releases, indemnifies and holds harmless Sponsor and the Sweepstakes Entities (collectively, the “Releasees”), from and against all claims, losses, damages, liabilities, costs or expenses, arising in whole or in part, directly or indirectly, from participant’s participation and/or entry in the Sweepstakes, or related activities, and/or participant’s award, redemption, receipt or use of any prize awarded in the Sweepstakes or related activities. The foregoing release includes, without limitation, any and all liability, bodily injury, death, loss or damage to participant or any third party arising in whole or in part, directly or indirectly, from any prize or the use of any prize, the award, acceptance, possession, use or misuse of any prize, and entry and participation in the Sweepstakes, any Sweepstakes activities or any prize activities. Each participant further COVENANTS NOT TO SUE any of the Releasees with respect to any matter addressed by the foregoing release, or encourage or assist any third party in doing so. This is a complete RELEASE and DISCHARGE of all claims and rights of each participant against the Releasees and no action will be taken by or on behalf of an participant with respect to any such claims and rights, it being understood that these Official Rules, including this Section 9, shall be binding upon each participant, and his/her successors, assignees, subrogors, insurers, heirs, next of kin, executors, representatives, and legal and personal representatives.
- PUBLICITY. Except where prohibited by law, participation in the Sweepstakes constitutes winner’s consent to Sponsor’s (and its designees’, successors’ and assigns’) use of winners’ name, biography, likeness, voice, photographs, video, opinions, statements, hometown, state and country for promotional purposes in any manner or media (including, without limitation, online), worldwide, in perpetuity, and without further payment, consideration, notice, review or consent.
- LIMITATION OF LIABILITY. Sponsor is not responsible for: (a) incorrect or inaccurate transcription of entry information or late, lost, stolen, unintelligible, illegible, damaged, mutilated, altered, incomplete, misdirected entries or entries received through impermissible or illegitimate channels, all of which will be disqualified; (b) technical failures of any kind, including but not limited to the malfunctioning of any telephone, computer online systems, computer equipment, website, server provider, network, hardware or software; (c) the unavailability or inaccessibility of any website or service; (d) unauthorized intervention in any part of the entry process or the Sweepstakes; (e) printing, typographical, electronic or human errors which may occur in the offer or administration of the Sweepstakes or the processing of entries; or (f) 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, or from viewing, playing or downloading any material from Sponsor’s website(s), regardless of whether the material was prepared by Sponsor or a third party, and regardless of whether the material is connected to Sponsor’s website(s) by a hypertext link.
- DISPUTES. Entrant agrees that: (a) any and all disputes, claims, and causes of action arising out of or connected with this Sweepstakes, or any prize awarded shall be resolved individually, without resort to any form of class action; (b) 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 (c) 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 or Sponsor in connection with the Sweepstakes shall be governed by, and construed in accordance with, the laws of the State of Texas, without giving effect to any choice of law or conflict of law rules of provisions (whether of the State of Texas, the United States, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Texas.
- OFFICIAL RULES. These Official Rules are available at the Sweepstakes’ section of Sponsor’s website at www.pinnpropane.com/sweepstakes, or by sending a self-addressed, postage-stamped envelope to 2014 Pinnacle Propane Qualifying Days Sweepstakes – Rules Request, Pinnacle Propane, LLC, 600 E. Las Colinas Blvd., Suite 2000, Irving, TX 75039.
- WINNERS’ LIST. Beginning on or about November 1, 2014 you can obtain the name, city and state of the winners by sending a self-addressed, stamped envelope to 2014 Pinnacle Propane Qualifying Days Sweepstakes – Winner’s List Request, Pinnacle Propane, LLC, 600 E. Las Colinas Blvd., Suite 2000, Irving, TX 75039. Requests received after December 31, 2014 will not be honored.
- SPONSOR. The sole sponsor of the Sweepstakes and the address at which the Sponsor may be contacted is: Pinnacle Propane, LLC, 600 E. Las Colinas Blvd., Suite 2000, Irving, TX 75039.