Terms and Conditions
SWEEPSTAKES TERMS AND CONDITIONS
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. OPEN ONLY TO LEGAL RESIDENTS OF [THE 50 UNITED STATES AND D.C.] WHO ARE [18 YEARS OF AGE OR OLDER AND OF THE LEGAL AGE OF MAJORITY AT THE TIME OF ENTRY. U.S. LAW GOVERNS THIS SWEEPSTAKES]. VOID WHERE PROHIBITED.
ELIGIBILITY: The CboysTV Sweepstakes (the “Sweepstakes”) is open only to persons who as of the date of entry (and, if a winner, as of the date of prize fulfillment) are a legal resident of the 50 United States or the District of Columbia and who are 18 years of age or older and of the legal age of majority in the jurisdiction in which he or she resides. Persons who as of the date of entry (and, if a winner, as of the date of prize fulfillment) are an employee of Cormorant Boys LLC (“Sponsor”) or any of Sponsor’s Affiliates (as defined in Section 7), and members of the immediate family or household (whether related) of any such employee, are not eligible. Eligibility determinations will be made by Sponsor in its discretion and will.
HOW TO ENTER: The entry period for the Sweepstakes begins at 12:01am Central Time (CT) on August 8th, 2019 and continues through 11:59 p.m. Central Time (CT) on October 3rd, 2019 (the “Entry Period”). A person who participates in the Sweepstakes shall be considered an “Entrant.” [Any Entrant who is under 18 years of age or otherwise under the legal age of majority in the jurisdiction in which the entrant resides (a “Minor”) must obtain permission to enter from his or her parent or legal guardian, and the agreement of the parent or legal guardian to these Official Rules, prior to entry.] Entrants may enter the Sweepstakes via purchasing an item of merchandise or mailing in a postcard to Cormorant Boys LLC.
Purchase Entry: To enter the Sweepstakes via purchase, during the Entry Period, entrants may purchase an item of merchandise from cboystv.com. With each $5 increment of money spent, you’ll obtain one entry. If the entrant is deemed a winner, they will be prompted to enter their email address so that the Sponsor may contact them and facilitate delivery of the prize.
Mail in Entry. To enter without making a purchase, hand-print your full name, date of birth, mailing address, and email address on a 3” x 5” card, and mail it in a standard #10 envelope to: Cormorant Boys LLC, PO BOX 961, Moorhead, MN 56561 to receive one (1) entry into the Sweepstakes. Entries must be postmarked during the Entry Period and received by Sponsor no later than October 3rd, 2019. Upon receipt of a mail-in entry that complies with all aspects of 24850-6877-2958v.1 - these rules, Sponsor shall send the Entrant a card via US Postal Mail with a Code that Entrant may use to visit cboystv.com “Sweepstakes Webpage” to determine whether they have won. Each mail-in entry must be in a separate postmarked outer envelope. No facsimiles or mechanical reproductions of entries allowed. Sponsor is not responsible for lost, late, illegible, misdirected, mutilated, incomplete, or postage-due mail/entries and mailing of a Code.
General Entry Terms and Conditions: A person who participates in the Sweepstakes shall be considered an “Entrant.” Each Entry Code may be submitted on the Sweepstakes Webpage only once. If an Entry Code is submitted more than once, Sponsor will have the right to disqualify all entrants who submitted the duplicative codes. Entrants may participate multiple times, regardless of the
method of entry used. All submissions of an Entry Code must be completed and received by Sponsor via the Sweepstakes Webpage prior to the conclusion of the Entry Period. All entries are subject to verification at any time. Proof of submission of an Entry Code does not constitute proof of entry. Sponsor will have the right, in its sole discretion, to require proof of identity and/or eligibility in a form acceptable to Sponsor (including, without limitation, government-issued photo identification). Failure to provide such proof to
WINNER SELECTION: Prior to the Sweepstakes Period Sponsor shall develop a universe of Entry Codes based on the number of entries anticipated to participate in the Sweepstakes. Sponsor shall randomly select and identify winning Entry Codes from among all created Entry Codes. Entry Codes shall be randomly distributed to eligible Entrants. Entrants will learn if they are a potential winner upon entering their Entry Code on the Sweepstakes Webpage as instructed above. Winning entrants will be prompted to enter their email address, and Sponsor shall contact winning Entrants via the email address provided for purposes of determining their eligibility as a winner. The potential winner(s) must respond to Sponsor’s initial email notification attempt within 72 hours with such personal and/or contact information as Sponsor may require (for example, the potential winner’s email address, name and/or mailing address). The potential winner is subject to verification of eligibility and may, in Sponsor’s discretion, be required to complete, sign and return to Sponsor an Affidavit of Eligibility/Release of Liability or an Affirmation of Eligibility/Release of Liability, as determined by Sponsor, and, if legally permissible, a Publicity Release [(collectively, a “Declaration and Release” for residents of Canada)], and any other documentation provided by Sponsor in connection with verification of the potential winner’s eligibility and confirmation of the releases and grant of rights set forth herein (as applicable, “Winner Verification Documents”), within three calendar days of attempted delivery of same. The potential winner, if a U.S. resident, may also in Sponsor’s discretion be required to complete and return to Sponsor an IRS Form W-9 34850-6877-2958v.1 - within three calendar days of attempted delivery of same. If the potential winner is a Minor, Sponsor will have the right to request that the potential winner’s parent or legal guardian sign the Winner Verification Documents on behalf of the winner, or to award the prize directly in the name of the winner’s parent or legal guardian, who in such event will be required to sign the Winner Verification Documents and/or, if a U.S. resident, an IRS Form W-9. If the potential winner cannot be reached or does not respond within 72 hours of the initial notification attempt or fails to complete, sign, and return any required Winner Verification Documents or IRS Form W-9 within seven days of attempted delivery of same, or if the potential winner does not otherwise comply with these Official Rules and/or cannot accept the prize as awarded for any reason, then the potential winner may be disqualified and no other potential winners will be selected or awarded a winning Entry Code. A potential winner who satisfies all of the above criteria and verification process shall be considered a “Winner.”
PRIZES: One (1) Grand Prize will be offered. Grand Prize: The Grand Prize consists of one (1) 2018 Can Am Maverick X3 (approximate retail value (“ARV”): $15,00 USD. All ARVs are valid as of the date of the start of the Entry Period. All prize Winners must, at their sole cost, expense and risk. Sponsor shall have no liability whatsoever in connection with a Winner’s ability or inability to receive and use a prize. No substitution, cash redemption or transfer of the right to receive a prize is permitted by a Winner, except in the discretion
of Sponsor, which has the right to substitute a prize or any component of a prize with a prize or prize component of equal or greater value selected by Sponsor in its discretion. Prizes consist only of the item(s) expressly specified in these Official Rules. All expenses or costs associated with the acceptance or use of a prize or any component of a prize are the responsibility of the Winner. The prize is awarded “as is” and without any warranty, except as required by law. In no event will more than the number of prizes stated in these Official Rules be awarded. All federal, state and local taxes on the value of the prize are the responsibility of the winner. An IRS form 1099 will be issued if required by law.
5. RELEASE AND LIMITATION OF LIABILITY: By entering the Sweepstakes, to the fullest extent permitted by applicable law, each Entrant on behalf of himself or herself and anyone who succeeds to entrant’s rights and responsibilities including without limitation entrant’s heirs, executors, administrators, personal representatives, successors, assigns, agents, and attorneys, and with respect to minors entrant’s parents and legal guardians (collectively the “Entrant Parties”) releases Sponsor, each of Sponsor’s Affiliates, the licensees and licensors other than Entrant Parties, all other companies involved in the development or operation of the Sweepstakes, the successors and assigns of each of the foregoing and the directors, officers, employees and agents of each of the foregoing (collectively, the “Released Parties”) from and against any and all claims and causes of 4 4850-6877-2958v.1 - action of any kind that the entrant and/or Entrant Parties ever had, now have or might in the future have arising out of or relating to the Sweepstakes, participation in the Sweepstakes, the provision, acceptance or use of any prize or any component thereof, including without limitation any and all claims and causes of action: (a) relating to any personal injury, death or property damage or loss sustained by any entrant or any other person, (b) based upon any allegation of violation of the right of privacy or publicity, misappropriation, defamation, or violation of any other personal or proprietary right, (c) based upon any allegation of infringement of copyright, trademark, trade dress, patent, trade secrets, moral rights or any intellectual property right, or (d) or based upon any allegation of a violation of the laws, rules or regulations relating to personal information and data security. Each Entrant on behalf of himself or herself and the Entrant Parties agrees not to assert any such claim or cause of action against any of the Released Parties. Each Entrant on behalf of himself or herself and the Entrant Parties assumes the risk of, and all liability for, any injury, loss or damage caused, or claimed to be caused, by participation in this Sweepstakes, acceptance or use of any prize or any component of any prize. The Released Parties are not responsible for, and will not have any liability in connection with, any typographical or other error in the printing and publication of the Sweepstakes offer and Entry Codes, administration of the Sweepstakes or in the announcement of the prizes. The Released Parties are not responsible for, and will not have any liability in connection with, late, lost, delayed, illegible, damaged, corrupted or incomplete entries, incorrect or inaccurate capture of, damage to, or loss of entries or entry information, or any other human, mechanical or technical error of any kind relating to attempted communications with any entrant or Entrant Parties, the submission, collection, storage and/or processing of entries, Entry Codes or the administration of the Sweepstakes. The term “Affiliate” of Sponsor means any entity that directly or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control with Sponsor. The term “control” means the possession, directly or indirectly, of the power to direct or cause the direction of
management and policies of an entity, or the ownership, directly or indirectly, of more
than fifty percent (50%) of the equity interests of the entity.
GENERAL RULES: Sponsor has the right, in its sole discretion, to modify these
Official Rules (including without limitation by adjusting any of the dates and/or timeframes stipulated in these Official Rules) and to cancel, modify or suspend this Sweepstakes at any time in its discretion, including without limitation if a virus, bug, technical problem, entrant fraud or misconduct, failure or refusal of any person or entity involved in the development or operation of the Sweepstakes (including without limitation any author) to comply with such party’s obligations in connection with the Sweepstakes, failure or unavailability of any website or social media channel, account or platform on which the Sweepstakes is to be offered or other cause beyond the control of Sponsor corrupts the administration, integrity, security or proper operation of the Sweepstakes or if for any other reason Sponsor is not able to conduct the Sweepstakes as planned (including without limitation in the event the Sweepstakes is interfered with by any fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or of public enemy, 5 4850-6877-2958v.1 - communications failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, federal, state or local law. In the event of termination of the Sweepstakes, a notice will be posted on Sponsor’s website and a random drawing will be conducted to award the prize from among all eligible entries received prior to the time of termination. Sponsor has the right, in its sole discretion, to disqualify or prohibit from participating in the Sweepstakes any individual who, in Sponsor’s discretion, Sponsor determines or believes (i) has tampered with the entry process or has undermined the legitimate operation of the Sweepstakes by cheating, hacking, deception or other unfair practices, (ii) has engaged in conduct that annoys, abuses, threatens or harasses any other entrant or any representative of Sponsor or (iii) has attempted or intends to attempt any of the foregoing. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS SWEEPSTAKES OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR HAS THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) FROM ANY PERSON INVOLVED TO THE FULLEST EXTENT PERMITTED BY LAW. By participating in this Sweepstakes, entrants on behalf of themselves, and to the extent permitted by law on behalf of the Entrant Parties agree to be bound by these Official Rules and the decisions of Sponsor, which are final and binding in all respects. These Official Rules may not be reprinted or republished in any way without the prior written consent of Sponsor.
DISPUTES: By entering the Sweepstakes, each entrant on behalf of himself or herself and the Entrant Parties agrees that, to the maximum extent permitted by applicable law, (a) any and all disputes, claims and causes of action arising out of or connected with the Sweepstakes, or the provision, acceptance and/or use of any prize or prize component, will be resolved individually, without resort to any form of class action (Note: Some jurisdictions do not allow restricting access to class actions. This provision will not apply to you if you live in such a jurisdiction); (b) 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 attorneys’ fees; and (c) under no circumstances will any entrant or Entrant Party be permitted to obtain any award for, and each entrant
and Entrant Party hereby waives all rights to claim, punitive, special, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than for actual out-of-pocket expenses. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of the entrants, Entrant Parties and Sponsor in connection with the Sweepstakes shall be governed by, and construed in accordance with, the laws of the State of Minnesota in the United States of America without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of the laws of any jurisdiction other than the State of Minnesota. Any legal proceedings arising out of this Sweepstakes or relating to these Official Rules shall be instituted only in the federal or state courts located in Moorhead in the State of Minnesota waiving any right to trial by jury, and each entrant and Entrant Party consents to jurisdiction therein with respect to any legal proceedings or 64850-6877-2958v.1 - disputes of whatever nature arising under or relating to these rules or the Sweepstakes. In the event of any conflict between these Official Rules and any Sweepstakes information provided elsewhere (including but not limited in advertising or marketing materials), these Official Rules shall prevail.
WINNER NAME AND RULES REQUESTS: For the name(s) of the winner(s) (or, if Sponsor does not collect the name(s) of the winner(s), the user name(s) of the winner(s)), which will be available two weeks after the conclusion of the Entry Period, or a copy of these Official Rules, send a self-addressed, stamped envelope to CboysTV Sweepstakes, Winners List, PO BOX 961, Moorhead, MN 56561. Winner name requests must be received by Sponsor within six months after the conclusion of the Entry Period.
SPONSOR: Cormorant Boys LLC, PO BOX 961, Moorhead, MN 56561.
No purchase necessary. Open only to legal residents of the 50 United States and D.C who are age 18 or older. Entry period begins on August 8th, 2019 at 12:01AM Central Time (CT) and ends on October 3rd 2019 at at 11:59pm Central Time (CT). Void where prohibited.
Sponsored by Cormorant Boys LLC, PO BOX 961, Moorhead, MN 56561.