Grill Country Sweepstakes
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. THE PURCHASE OF ANY GOOD OR SERVICE WILL NOT INCREASE YOUR CHANCES OF WINNING. THE GRILL MARKS THE SPOT SWEEPSTAKES (THE “SWEEPSTAKES”) IS VOID OUTSIDE OF THE UNITED STATES AND WHEREVER PROHIBITED BY LAW. THESE OFFICIAL RULES (“RULES”) ARE A LEGALLY BINDING AGREEMENT BY AND BETWEEN YOU AND SPONSOR (AS DEFINED BELOW) AND GOVERN YOUR ENTRY IN THE SWEEPSTAKES. THIS SWEEPSTAKES IS INTENDED FOR PARTICIPATION IN THE UNITED STATES ONLY AND WILL BE GOVERNED BY U.S. LAW. DO NOT ENTER IF YOU ARE NOT ELIGIBLE AND LOCATED IN THE UNITED STATES AT THE TIME OF ENTRY.
- SPONSOR; ADMINISTRATOR. The sponsor of this Sweepstakes is National Beef Packing Company LLC, P.O. Box 20046, Kansas City, MO 64195-0046 (“Sponsor”). Promotion Activators, Inc., 6240 Oakton Street, Morton Grove, IL 60053 (“PAI”) has been retained by the Sponsor to administer the Sweepstakes.
- SWEEPSTAKES ENTRY PERIOD. The Sweepstakes begins at 12:00:00 AM Central Daylight Time (“CDT”) on April 1, 2013 and ends at 11:59:59 PM CDT on September 3, 2013 ("Sweepstakes Period"). All entries must be received during the Sweepstakes Period. The Sponsor’s computer is the official time keeping device for online entry into the Sweepstakes. No entries into the Sweepstakes will be accepted before or after the Sweepstakes Period.
- ELIGIBILITY. The Sweepstakes is open to legal residents of the fifty (50) United States or the District of Columbia who are 18 years of age or older as of the date of entry. Employees of the Sponsor and PAI, their respective affiliates, subsidiaries, management companies, advertising agencies and marketing companies and the immediate families of any of their respective employees or persons with whom such employees are domiciled are not eligible to enter or win the Sweepstakes.
- HOW TO ENTER. To enter, go to www.grill-country.com (the “Site”) during the Sweepstakes Period and follow the on-screen instructions to complete the online entry form and enter the Sweepstakes. Entries must be received by 11:59:59 PM CDT on September 3, 2013. You must provide all required information for your entry to be eligible. Upon submission, all entry information shall become the exclusive property of the Sponsor and will not be acknowledged or returned. The Sponsor and PAI reserve the right to, and at their sole discretion may, reject any entry for failure to comply with these entry requirements. The Sponsor and PAI assume no responsibility for lost, late, or incomplete entries. Limit one (1) entry per person/email address. Multiple entries from any one person will be disqualified.
- WARRANTIES AND CONSENTS. By completing and submitting an entry form, you: (a) represent and warrant that (i) you have read, and agree to be bound by, these Rules, and (ii) based on the Rules, you are eligible to participate in the Sweepstakes; and (b) agree to be bound by the interpretations of these Rules by the Sponsor and PAI, which are final in all matters relating to the Sweepstakes.
- WINNER SELECTION/ODDS. Fifty-one (51) winners will be selected in a random drawing from among all eligible entries received by PAI no later than September 30, 2013. The Sponsor’s and PAI’s decisions regarding the Sweepstakes are final on all matters. Odds of winning depend on the total number of eligible entries received by both entry methods combined.
WINNER NOTIFICATION; PRIZE AWARDING. PAI will notify the potential Grand Prize winner by overnight mail on or about October 7, 2013. Grand Prize winner will be required to execute and return an Affidavit of Eligibility and Liability/Publicity Release (the “Affidavit”) (where permitted) within ten (10) days of notification (first attempted delivery) to PAI. If the Grand Prize winner is eighteen (18) years of age, but an eligible minor in his/her state of residence, the Grand Prize will be awarded to his/her parent/legal guardian, who must execute and return any required documents as noted previously in these Rules and accompany the Grand Prize winner as one of his/her guests. Grand Prize winner’s guests must execute and return a liability/publicity release prior to issuance of travel documents. If a guest is a minor, he/she must be the child or legal ward of the Grand Prize winner and Grand Prize winner must sign and return release on behalf of such child or legal ward. First Prizes will be shipped to winners within 6-8 weeks of verification. By completing, signing and returning the Affidavit or accepting a prize, Grand Prize winner (i) confirms compliance with these Rules, (ii) releases and forever discharges the Sponsor, its affiliates and subsidiaries, PAI, its affiliates and subsidiaries and their respective advertising and promotional agencies from all claims, demands, damages, actions and causes of action arising or to arise by reason of the acceptance or use of the prize, and (iii) gives permission to the Sponsor and PAI, at their option, to publish or otherwise use the winner’s name, address, photograph, voice and comments, without compensation, in any publicity carried out by the Sponsor, PAI or their respective advertising agencies, except where prohibited by law. Prizes will be awarded by the Sponsor to the winners only on verification by PAI that all the Sweepstakes requirements have been met by the winners.
Each prize must be accepted as awarded and no substitution, transfer, conversion or assignment of prizes will be allowed, except upon the Sponsor’s sole discretion. The Sponsor may substitute a prize of comparable or greater value. All federal, state, and other taxes, are solely the responsibility of each winner. The Grand Prize winner will be issued an IRS form 1099. Each winner grants (and agrees to confirm this grant in writing, if requested) permission for the Sponsor to use their name, photograph, likeness, statements, voice and address (city and state) on a worldwide basis, and in all forms of media, in perpetuity, without notice or further compensation except where prohibited by law. Failure of any winner to comply with the above prize claim requirements for any reason, or the return of any prize notification or prize as undeliverable, or the determination that a winner is ineligible to receive a prize, may result in forfeiture of the prize and result in an alternate winner being selected in accordance with these Rules. Neither the Sponsor nor PAI is responsible for changes of mailing address.
PRIZES. Grand Prize (1): a 4-day/3-night trip for four (4) (winner and up to three (3) guests) to the Sundance Trail Guest Ranch located in Red Feather Lakes, Colorado. Grand Prize includes round-trip economy air transportation from major airport near winner’s residence within the U.S. (as determined by Sponsor) to Denver International Airport for winner and up to three (3) guests, (ii) standard shuttle service to/from Sundance Trail Guest Ranch and airport, and (iii) standard ranch accommodations for four (4) days and three (3) nights (single cabin/quad occupancy). Approximate Retail Value (“ARV”): $8,200.00. Actual value may vary based on point of departure and dates of travel. Any difference between stated ARV and actual value of Grand Prize will not be awarded. All Grand Prize details not specified in the Official Rules will be determined in Sponsor’s sole and absolute discretion. Selection of airline and hotel are solely within Sponsor’s discretion. Additional Grand Prize award details and travel information to be provided to the Grand Prize winner at the time of notification. If winner resides within a 100-mile radius of Red Feather Lakes, Colorado, Sponsor reserves the right to provide ground transportation in lieu of air transportation and no compensation or substitution will be provided for difference in prize value. Grand Prize winner and guests must travel together on the same itinerary and are responsible for obtaining all required travel documents prior to travel. Guests must sign and return a travel release before any ticketing of travel occurs. Once travel guests are selected, they may not be substituted, except in Sponsor’s sole and absolute discretion. It is recommended that the winner and his/her travel guests obtain sufficient personal insurance, including trip cancellation insurance, prior to departure; Sponsor expressly disclaims any responsibility or liability for securing such insurance. Flight schedules are subject to change without notice. Airline tickets are non-refundable/non-transferable and are not valid for upgrades and/or frequent flier miles. Released Parties (as defined below) are not liable for any expenses incurred as a consequence of flight cancellation/delay. Tickets are subject to certain terms and conditions specified thereon. Winner and guest(s) agree to comply with all rules and regulations of the Sundance Trail Guest Ranch. Failure to do so may result in forfeiture of such portion of prize.
If winner is eligible, but a minor in his/her state of residence, one guest must be winner’s parent or legal guardian. Guests must be of legal age of majority in their jurisdiction of residence (and at least 18), unless a guest is a child or legal ward of the winner. Minors must be accompanied at all times during the trip (including, but not limited to, in-flight, hotel stay and all Grand Prize-related activities) by minor’s parent or legal guardian. By participating and accepting the Grand Prize, winner represents that he/she understands that travel, whether by plane, automobile, or other conveyance, or by foot, and in the air, contains some inherent element of risk of accident, illness, injury, loss or death, which may be caused by negligence, forces of nature, or other agencies, known or unknown. Winner and his/her guest(s) represent that they recognize that such risks may be present at any time before, during and after the trip. Certain black out dates and travel restrictions may apply. Air transportation, exact travel dates and accommodations are subject to availability. All airline tickets are subject to flight variation, work stoppages and schedule or route changes. Sponsor shall not be responsible for any cancellations, delays, diversions or substitution or any act or omissions whatsoever by the air carriers, hotels, venue operators, transportation companies, prize providers or any persons providing any Grand Prize-related services or accommodations. All other costs and expenses associated with the acceptance and use of the prize not stated in the prize description above as being provided including, but not limited to, all federal, state and local taxes, insurance, luggage fees, meals and beverages other than those provided at the Sundance Trail Guest Ranch, gratuities, incidentals, souvenirs, and all personal expenses of any kind or nature, will be the sole responsibility of the winner. Lost, stolen or damaged airline tickets, travel vouchers or certificates will not be replaced or exchanged. In the event Sponsor is unable to provide any portion of the trip for any reason, no compensation or substitution will be provided for that portion of the prize; however, the remainder of the prize package will be awarded and Sponsor will have no further obligation to winner. Travel must be taken by 12/31/2014 or prize will be forfeited and Sponsor will have no further obligation to such winner. First Prizes (50 total): a Buccaneer Grill Set (includes cooler, BBQ grill, and 3-piece BBQ tool set). ARV: $149.95. Limit one (1) prize per person/household. Unclaimed prizes will not be awarded.
- GENERAL RULES. BY PARTICIPATING IN THIS SWEEPSTAKES, YOU AGREE TO BE BOUND BY THESE RULES AND THE DECISIONS OF THE SPONSOR AND PAI AND TO RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS THE SPONSOR, PAI AND THEIR RESPECTIVE PROMOTION ENTITIES FROM AND AGAINST ANY AND ALL LIABILITY WHATSOEVER FOR ANY CLAIMS, COSTS, INJURIES, LOSSES OR DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR PARTICIPATION IN THE SWEEPSTAKES, OR DOWNLOADING OR ACCESSING OF ENTRY MATERIALS, OR THE ACCEPTANCE, POSSESSION OR USE/MISUSE OF ANY PRIZE AWARDED HEREIN, ANY SERVICES PROVIDED BY PARTIES OTHER THAN THE SPONSOR IN CONNECTION WITH THE PRIZE AWARDED, OR PARTICIPATION IN ANY PRIZE-RELATED ACTIVITY (INCLUDING, WITHOUT LIMITATION, CLAIMS, COSTS, INJURIES, LOSSES OR DAMAGES RELATED TO PERSONAL INJURIES, DEATH, DAMAGE TO, LOSS OR DESTRUCTION OF PROPERTY, RIGHTS OF PUBLICITY OR PRIVACY, DEFAMATION OR PORTRAYAL IN A FALSE LIGHT).
- INTERNET. The use of any automated launching or entry software or any other mechanical or electronic means that permits you to automatically enter repeatedly is prohibited. Any use or attempt to use by you of such means to enter the Sweepstakes will result in your disqualification from the Sweepstakes. You may not enter the Sweepstakes with multiple entries or use any other device or artifice to enter multiple times or as multiple registrants. Any one who attempts to enter with multiple email addresses under multiple identities or uses any device or artifice to register multiple times will be disqualified and forfeit any prize won. If for any reason the Sweepstakes is not capable of running as planned due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Sweepstakes, the Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify, or suspend the Sweepstakes. In the event that the Sweepstakes is cancelled or terminated prior to the stated end date, Sponsor will randomly select the winners for the Sweepstakes from among all eligible, non-suspect, entries received prior to the time of the action or event warranting such cancellation/termination. Proof of entering information on the Site is not considered proof of delivery or receipt by the Sponsor. The Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, or destruction or unauthorized access to, or alteration of, entries. The Sponsor is not responsible for electronic transmissions or entries that are lost, late, stolen, incomplete, illegible, damaged, garbled, destroyed or misdirected, or for any problems or technical malfunction of any telephone network or telephone lines, computer on-line systems, servers, or providers, computer equipment, software, failure of any entry to be received by the Sponsor on account of technical problems, human error or traffic congestion on the Internet or at any Website, or any combination thereof, or for any injury or damage to your or any other person's computer relating to or resulting from your participation in the Sweepstakes or the downloading or accessing of any materials in the Sweepstakes.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE SITE 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 SPONSOR RESERVES THE RIGHT TO DISQUALIFY AND SEEK DAMAGES OR OTHER REMEDIES FROM YOU AND ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. In the event of a dispute as to the identity of a potential winner based on an email address, the potential winning entry will be declared made by the authorized account holder of the email address submitted at time of entry, provided such person meets the eligibility requirements of these Rules.
“Authorized account holder” is defined as the natural person who is assigned to an email address by an Internet access provider, on-line service provider or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.
- PUBLICITY; PRESS RELEASES. You may not issue press releases or other publicity in connection with your participation in the Sweepstakes.
- DISCLAIMER OF WARRANTIES. THE SPONSOR IS PROVIDING THE SWEEPSTAKES ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE SPONSOR DOES NOT REPRESENT OR WARRANT THAT THE SWEEPSTAKES OR THE TECHNOLOGY USED TO PROVIDE IT: (I) WILL BE UNINTERRUPTED OR SECURE, (II) WILL BE FREE OF DEFECTS, INACCURACIES OR ERRORS, OR (III) WILL MEET YOUR REQUIREMENTS OR ENABLE YOU TO PARTICIPATE IN IT. THE SPONSOR MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE RULES, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.
- LIMITATION OF LIABILITY. THE SPONSOR WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES ARISING OUT OF, RELATING TO OR CONNECTED WITH THE SWEEPSTAKES, INCLUDING, BUT NOT LIMITED TO, CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES WHETHER OR NOT SUCH DAMAGES ARE RELATED TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL, AND WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, REGARDLESS OF THE CAUSE OF ACTION ON WHICH THEY ARE BASED, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING.
- LEGAL RIGHTS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS PROVIDED ABOVE OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
BINDING ARBITRATION. Any controversy or claim arising out of or relating to the Sweepstakes shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply Missouri law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law.
In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE ENTRANT’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS SWEEPSTAKES IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.
BY PARTICIPATING IN THE SWEEPSTAKES, EACH ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANT'S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO EVERY ENTRANT.
- GOVERNING LAW & JURISDICTION. These Official Rules and the Sweepstakes are governed by US law and are subject to all applicable federal, state and local laws and regulations. All issues and questions concerning the construction, validity, interpretation and enforceability of the Official Rules, or the rights and obligations of Entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Missouri, U.S.A., without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth in Section 16 of these Official Rules and/or for entering any judgment on an arbitration award, shall take place in the State of Missouri, in the City of Kansas City.
- WINNERS’ NAMES. For the winners’ names, which shall be available after October 10, 2013, send a self-addressed stamped envelope to: Grill Country Winners, 6240 Oakton Street, Morton Grove, IL 60053. Vermont residents may omit postage.
- SPONSOR. National Beef Packing Company LLC, P.O. Box 20046, Kansas City, MO 64195-0046.