NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. LIMIT ONE AMOE (1) ENTRY PER PERSON. OPEN ONLY TO RESIDENTS OF THE CONTINENTAL UNITED STATES, WHO ARE OVER THE AGE OF EIGHTEEN (18). VOID WHERE PROHIBITED. SUPPLIES ARE LIMITED, WHILE SUPPLIES LAST. ALL FEDERAL, STATE AND LOCAL REGULATIONS APPLY. BY PARTICIPATING IN THIS PROMOTION, YOU AGREE TO BE BOUND BY THESE OFFICIAL RULES, THAT YOU MEET THE ELIGIBILITY REQUIREMENTS FOR THIS PROMOTION.
These rules (the “Official Rules”) govern the TBNation Pontoon Boat Giveaway Promotion (the “Promotion”) being conducted and sponsored by TBNation, LLC (“Company”). The Promotion will be hosted at https://www.TBNation.Net, (the “Website(s)”). Company is the administrator of the Promotion, it will conduct the Promotion substantially as described in these Official Rules, and it is solely responsible for resolving any disputes that arise regarding the application of these Official Rules. Company’s address is 3228 Canyon Point Ln El Paso TX 79904. The Promotion is in no way sponsored, endorsed, or administered by or associated with YouTube, Instagram, Twitter, Facebook, TikTok, or any entity other than the Company.
Participants may enter for eligibility to win beginning at 9 AM Eastern Standard Time on August 31, 2022, and until 3:00 PM Eastern Standard Time on January 29th, 2022 (the “Promotion Period”). All entries must be received no later than the end of the Promotion Period. Any late entries will be null and void.
This Promotion is open to all natural persons who: (i) enter into the Promotion by following the Entry Method described below, including via AMOE Entry, during the Promotion Period; (ii) are legal residents of the continental United States, and are living in a location the laws of which allow a sweepstakes like the Promotion, without a required permit fee, bonding fee, or registration requirement (the “Territory”); and (iii) are at least eighteen (18) years of age or older as of the start of the Promotion Period. (the “Entrants”).
By entering the Promotion, the Entrant certifies that Entrant lives in the continental United States and that the Entrant’s home state or province does not prohibit participating in the Promotion. Where an Entrant’s entry into the Promotion is prohibited by law, such Entrant’s entry shall be null and void. Entrants shall not include persons residing in Alaska, Hawaii, other territories, countries, or any other jurisdiction where the Promotion is prohibited, or jurisdictions in which the Promotion would be subject to a registration or bonding requirement. The Promotion is subject to federal, state, and local laws and regulations. Offer is void where prohibited by law.
Furthermore, the following individuals are ineligible to enter or win a prize: employees, directors, and officers of Company, Company subsidiaries and affiliates, and any advertising or promotional agencies involved in the administration of this Promotion (collectively with the Company, the “Promotion Entities”); and the immediate family members and those living in the same household of such persons
(whether related or not). Immediate family members include spouses, children, stepchildren, parents, stepparents, siblings, and stepsiblings.
Proof of age, identity, residence, possession of a winning ticket, and eligibility must be furnished upon request. All entry information must be complete and accurate. Entrants are only eligible to win one (1) prize from a Company promotion during each calendar year, regardless of whether such prize drawing is the Promotion or another Company event. If an Entrant has already won a prize from a Company drawing during a given calendar year, any entries into subsequent Company drawings from such Entrant during the same such calendar year will be void, including, if applicable, such Entrant’s entries into the Promotion. For the purposes of the Promotion, Entrant’s address will be the physical address where Entrant permanently lives at the time of the Entrant’s entry into the Promotion. The Entrant’s e-mail address will be the e-mail address submitted at the time of entry into the Promotion. Entrants will not be allowed to change their physical address or e-mail address after Entrant enters the Promotion.
Entrants may enter the Promotion by entering their email address and name in the signup page during the Promotion Period (the “Entry Method”). One entry will be provided for every email address entered during Promotion Period. Proof of submission of an entry will not be deemed proof of Company’s receipt. By entering the Promotion Entrant certifies that Entrant meets the eligibility criteria of the Promotion, including that the Entrant resides in a location that does not prohibit this type of Promotion.
Alternatively, Entrants may enter using the alternative method of entry. The Entrant must fill out and send by mail, postage paid by Entrant, a three-and-a-half by five-inch (3.5x5) postcard addressed to Company using the address listed on the first page of these Official Rules and such postcard must also contain the Entrant’s full name, email, address, and a signed statement that the Entrant has reviewed and agrees to these Official Rules (an “AMOE Entry”). The email address must be valid and shall only be used for official correspondence if Entrant is the recipient of a Promotion prize. All AMOE Entries must be RECEIVED no later than the end of the Promotion Period to be eligible to win. For each AMOE Entry, the entrant will receive one (1) entry into the Promotion. Company and Entrant agree that in no event shall the requirement to fill out the AMOE Entry postcard or pay any postage to file an AMOE Entry be construed as consideration on the part of the Entrant for entry into the Promotion.
Each Entrant’s entry will be entered into a database accessible to a random number generator. On January 29, 2023, one (1) Entrant will be randomly selected as the potential winner for the prize described in the next section of these Official Rules (the “Winners”). Company will use a random number generator to select the Winner. The selection will be completely random. Upon identification of the Winner, Company will reach out to Winner to coordinate Winner’s pickup of the Prize.
How to Claim the Prize
To claim the Prize, Winner must respond to the email Company sends notifying Winner of their selection and coordinate their pickup of the Prize with Company. Any Winner may be required to execute and return an Affidavit of Eligibility/Liability & Public Release, a copy of the potential Winner’s driver’s license or government-issued identification, and/or tax acknowledgment form no later than five (5) calendar days from request sent from Company or Prize may be forfeited at Company’s sole discretion.
Upon verification of eligibility and submission of any required documentation, Winner will coordinate with Company to arrange for the in-person pickup of the prize. The transmission method of the Prize shall be determined at Company’s sole discretion.
Company is not responsible for any undelivered mail, direct messages, including without limitation direct messages that are not received because of the Winner’s privacy or spam filter settings which may divert any Promotion e-mail, including a Winner notification e-mail or Prize e-mail to a spam or junk folder. If the potential Winner is found to be ineligible or not in compliance with these Official Rules or declines to accept the Prize, Company is unable to contact a potential Winner, or any Prize notification is returned undeliverable, the Prize will be forfeited. If the Company wishes to select an alternative potential Winner, Company may select the alternative potential Winner at random from the pool of remaining eligible Entrants, but Company is under no obligation to select an additional Winner. The potential replacement Winner will be subject to the same requirements and obligations as set forth for potential Winners in these Official Rules. The right to receive a Prize is non-assignable, non-transferable, and no prize substitution or exchange will be allowed, except by Company, who reserves the right to substitute a prize of equal or greater value in case of unavailability of a Prize or force majeure, at Company’s sole and absolute discretion. Promotion Entities will not be held responsible for any delays in awarding the prize for any reason. The prize will only be awarded to a verified Winner.
Prize, Odds of Winning, Announcement, and Approximate Retail Value
Prize: After confirmation of eligibility and compliance with these Official Rules, Winner may receive the following non-exchangeable, non-substitutable prize: 1x 2022 Pond-Tini Series 12 Pontoon Boat with EPropulsion Navy 6.0 Evo Motor and (2) E Series Batteries valued at approximately twenty three thousand dollars USD ($23,000) and 1x 2022 Pond-Tini Pontoon Boat trailer valued at approximately two thousand dollars ($2,000.00).
If Winner is found to be the winner of a subsequent drawing, Company may invalidate Winner’s later win at its sole discretion.
Announcement: Within a reasonable time after the verification of the respective Winners’ eligibility and compliance with these Official Rules, Company may publicly announce the Winners. The announcement may show the Winner’s photograph or video of Winner, social media handle, and/or name. By way of entry, all Entrants consent to Company’s public use of Entrant’s photograph/video/likeness, social media handle, and name.
Odds of Winning: The odds of winning depend on the total number of eligible entries received during the Promotion Period.
General Prize Conditions: In no event, will more than one (1) Prize be awarded per Winner. The Winners shall be solely responsible for the payment of all applicable federal, state, provincial, and local taxes for any Prize won. Each Winner will be required to complete and submit an IRS Form W-9 or W-8BEN, as applicable, and Company will issue an IRS Form 1099-MISC for the Winner if the Winner is a United States resident or an IRS Form 1042 otherwise. Failure to submit a completed Form W-9 or W-8BEN, when required by Company to receive the Prize, will result in forfeiture of the Prize. The Promotion Entities will not be held responsible for any delays in awarding the Prize for any reason. If, after a good- faith attempt, Company is unable to award or deliver the Prize, the Prize may not be re-awarded. Award Winner is liable for any transportation or shipping charges of delivery of prize if not agreed to pick up in person.
By participating in this Promotion each Entrant grants Company a non-exclusive, worldwide, irrevocable, and perpetual license to use Entrant’s likeness to include photographs and/or video of any winning Entrant, social media handle, and name (the “Materials”), in whole or part for any purpose including but not limited to promotion, trade, commercial, advertising, and publicity purposes, at any time or times, in whole or in part, edited or original, in all media now known or hereafter discovered or created including but not limited to live television, worldwide, including but not limited to on the World Wide Web and Internet, without notice, review or approval and without additional compensation, except where prohibited by law.
Entrants hereby irrevocably permit, authorize, grant, and license Company and its affiliates, successors, and assigns, and their respective licensees, advertising agencies, promotion agencies, and fulfillment agencies, and the employees, officers, directors, and agents of each and all of them ("Authorized Persons"), the rights to display, publicly perform, exhibit, transmit, broadcast, reproduce, record, photograph, digitize, modify, alter, edit, adapt, create derivative works, exploit, sell, rent, license, otherwise use, and permit others to use the Materials in perpetuity, throughout the universe, in any medium or format whatsoever now existing or hereafter created on any platform and for any purpose.
To the fullest extent permitted by applicable law, Entrant hereby irrevocably waives all legal and equitable rights relating to all liabilities, claims, demands, actions, suits, damages, and expenses, including but not limited to claims for copyright or trademark infringement, infringement of moral rights, libel, defamation, invasion of any rights of privacy (including intrusion, false light, public disclosure of private facts, and misappropriation of name or likeness), violation of rights of publicity, physical or emotional injury or distress, or any similar claim or cause of action in tort, contract, or any other legal theory, now known or hereafter known in any jurisdiction throughout the world (collectively, "Claims"), arising directly or indirectly from the Authorized Persons' exercise of their rights under this Agreement or the production, exhibition, exploitation, advertising, promotion, or other use of the Materials, and whether resulting in whole or in part from the negligence of Company or any other person, and Entrant hereby covenants not to make or bring any such Claim against any Authorized Persons and forever release and discharge the Authorized Persons from liability under such Claims.
Entrant agrees that the property of Company is and shall always remain the property of the Company. Entrants shall not use the content produced under these rules to promote their own material on their own social media and network channels.
If Entrant is a resident of Tennessee, Entrant waives any rights of publicity as outlined by Title 46, Chapter 25, Part 11 – Protection of Personal Rights and claims that may reside therein for the purposes of these Official Rules. Tennessee Entrant further waives any claims under the aforementioned statute for eternity and all-time for any usage and participation as a potential Winner.
Limitation of Liability
By participating in this Promotion, Entrants agree that the Promotion Entities, Company, Instagram, Twitter, YouTube, Facebook, TikTok, and their respective affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, website providers, webmasters and their respective officers, directors, employees, representatives, designees and agents (“Released Parties”) are not responsible for lost, late, incomplete, stolen, misdirected, or undeliverable direct messages or e-mail notifications or postal mail; or for any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections or availability; or garbled, corrupt or jumbled transmissions, availability or traffic congestion; or any technical, mechanical, printing, or typographical or other error; or unauthorized human intervention; or the incorrect or inaccurate capture of registration or eligibility- defining information; or the failure to capture, or loss of, any such information. The Released Parties are not responsible for any incorrect or inaccurate information, whether caused by any Website users, tampering, hacking; or by any of the equipment or programming associated with or utilized in the Promotion and assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, technical error, theft or destruction or unauthorized access to the Website or any Promotion-related website(s). The Released Parties are not responsible for any injury or damage, whether personal or property, to participants or to any person's computer related to or resulting from participating in the Promotion and/or accepting or using the prize. The Released Parties will not be responsible or liable for entries that are entered by any automated computer, program, mechanism, or device, for any entries more than the stated limit or for entries that are late, forged, lost, misplaced, misdirected, tampered with, incomplete, deleted, damaged, garbled, or otherwise not in compliance with the Official Rules, and all such entries may, at Company’s sole discretion, be disqualified.
If for any reason, the Promotion is not capable of running as planned, Company reserves the right, at its sole discretion, to cancel, terminate, modify, or suspend the Promotion and/or proceed with the Promotion, including the selection of the winner in a manner it deems fair and reasonable including the selection of the winner from among eligible entries received before such cancellation, termination, modification or suspension.
By entering the Promotion, each Entrant agrees: (i) to be bound by these Official Rules and by all applicable state and federal laws and by the decisions of Company, which will be binding and final; (ii) to waive any rights to claim ambiguity with respect to these Official Rules; (iii) to waive all of his or her rights to bring any claim, action or proceeding against any of the Released Parties in connection with the Promotion; 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 outside attorneys’ fees) that may arise in connection with: (a) the Promotion, including but not limited to any Promotion-related activity or element thereof, and the Entrant’s entries, participation or inability to participate in the Promotion, (b) violation of Entrant’s privacy, personal, publicity or proprietary rights, (c) typographical or printing errors in these Official Rules or any Promotion materials, (d) acceptance, 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), (e) any change in the prizing (or any components thereof) due to unavailability or due to reasons beyond Company’s control, including but not limited to by reason of any acts of God, any action, regulation, order, or request by any governmental or quasi-governmental entity (whether or not such action, regulation, order or request proves to be invalid), equipment failure, or any other cause beyond any of the Released Parties’ control, or as otherwise permitted in these Official Rules, (f) any interruptions in or postponement, cancellation or modification of the Promotion, (g) human error, (h) incorrect or inaccurate transcription, receipt or transmission of any part of any entry (including, without limitation, the registration information or any parts thereof), (i) any technical malfunctions or unavailability of the Website or any telephone network, computer system, computer online system, mobile device, computer timing and/or dating mechanism, computer equipment, software, or Internet service provider utilized by any of the Released Parties or by an Entrant, (j) interruption or inability to access the Promotion, the Website or any other Promotion-related websites or any online service via the Internet due to hardware or software compatibility problems, (k) any damage to Entrant’s (or any third person’s) equipment used to access the Promotion and/or its contents related to or resulting from any part of the Promotion, (l) any lost/delayed data transmissions, omissions, interruptions, defects, and/or any other errors or malfunctions, (m) any late, lost, stolen, mutilated, misdirected, delayed, garbled, corrupted, destroyed, incomplete, undeliverable, or damaged entries, (n) any wrongful, negligent, or unauthorized act or omission on the part of any of the Released Parties, (o) lost, late, stolen, misdirected, damaged, or destroyed prizing (or any element thereof), or (p) the negligence or willful misconduct by Entrant.
Without limiting the foregoing, everything regarding this Promotion, including the Website and Prize, are 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, except for any express manufacturer’s warranty as may be included with the prize. Some jurisdictions may not allow the limitations or exclusions of liability for incidental or consequential damages or exclusions of implied warranties, so some of the above limitations or exclusions may not apply. Check local laws for any restrictions or limitations regarding these limitations or exclusions.
Each Entrant agrees, to the maximum extent permitted by law, to indemnify, defend, and hold harmless the Released Parties from and against any and all tax liability that may be imposed or associated with his/her receipt or use of any Promotion prize and any and all cost, loss, damage, penalty, or expenses (including, without limitation, reasonable attorneys’ fees) arising from third-party claims, lawsuits, judgments, causes of action, proceedings, or demands brought or asserted against Released Parties that may arise in connection with (a) the Entrant’s receipt, ownership, or use of any Promotion prize, (b) the Entrant’s participation in any Promotion-related or prize-related activity, (c) the Entrant’s violation or alleged violation of any third-party privacy, personal, publicity, intellectual property, or proprietary
rights, (d) the Entrant’s negligence or willful misconduct, (e) any conduct of the Entrant associated with Entrant’s participation or attempted participation in the Promotion.
THIS PROMOTION IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF Texas, WITHOUT REGARD TO ITS CONFLICT OF LAWS RULES, AND THE FORUM AND VENUE FOR ANY DISPUTE WILL BE IN DENVER COUNTY, COLORADO. ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS PROMOTION THAT IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION WILL 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”), AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. THE AAA RULES FOR SELECTION OF AN ARBITRATOR WILL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR WILL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN Texas. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN RUSSELL COUNTY, Texas IN THE ENGLISH LANGUAGE. THE REMEDY FOR ANY CLAIM WILL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT WILL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OR HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, INCLUDING ATTORNEY’S 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 PROMOTION ENTITIES AND/OR ANY OTHER PARTY WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS OR REPRESENTATIVE ACTION. ANY DEMAND FOR ARBITRATION OR ANY OTHER CLAIM OR ACTION ARISING OUT OF OR RELATING TO THE PROMOTION MUST BE FILED WITHIN ONE (1) YEAR OF THE TIME THE CAUSE OF ACTION OCCURRED, OR THE CAUSE OF ACTION WILL BE FOREVER BARRED.
Further, Entrants hereby waive all rights, to (i) claim punitive, exemplary, special, incidental, indirect, and consequential damages, and any other damages (whether due to negligence or otherwise), other than for actual out-of-pocket costs; and (ii) have damages multiplied or otherwise increased. Entrants agree that the rights and obligations of any Entrant and/or Promotion Entities and/or Released Parties and/or any other party will be resolved individually, without resort to any form of class action.
Any attempted form of participation in this Promotion other than as described herein is void. If it is discovered or suspected at Company’s sole and absolute discretion that an Entrant has registered or attempted to register more than once using multiple e-mail addresses, accounts, multiple identities, proxy servers, or like methods, all of that Entrant’s entries will be declared null and void, and that Entrant will be ineligible to win the Prize. Also, if it is discovered that any Entrant attempts to receive additional entries in excess of the stated limitation, that Entrant may, in Company’s sole discretion, be disqualified from the Promotion. In the event of a dispute as to the identity of a Winner, the winning entry will be declared made by the authorized account holder of the e-mail address submitted by Entrant. “Authorized Account Holder” is defined as a natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization (e.g., business, educational institution) that is responsible for assigning e-mail addresses for the domain associated with the respective account or e-mail address. Company reserves the right to disqualify any individual found, in its sole opinion, to be tampering with the operation of the Promotion, 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 a Promotion. Any use of robotic, automatic, macro, programmed, third-party, or like methods to participate in the Promotion 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 ANY WEBSITE OR TO UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE COMPANY 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. 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 will 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 the prize documents will not affect the validity or enforceability of any other provision. Company’s interpretation and application of these Official Rules are final and binding in all matters related to the Promotion. Company’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision and such provision will remain in full force and effect. All entries and/or materials submitted become the property of Company and will not be returned. In the event of any conflict with any Promotion details contained in these Official Rules and Promotion details contained in any promotional materials (including but not limited to point of sale, television and print and internet advertising, promotional packaging, and other promotional media), the details of the Promotion as outlined in these Official Rules will prevail.
Official Rules and Winner List
To obtain a copy of these Official Rules or the identity of the winners of the Promotion, mail a self- addressed, stamped (although Vermont residents may omit return postage), business-sized envelope specifying “Official Rules” or “Winner Identification” to the address listed on the first page of these Rules. Requests pursuant to this heading must be received within twelve (12) months of the end of the Promotion Period.