POPTICALS® SCOTT SUGGS FISHING TRIP SWEEPSTAKES
OFFICIAL RULES – March 2017
1. NO PURCHASE NECESSARY TO ENTER OR WIN. THE PURCHASE OF ANY GOOD AND/OR SERVICE OR THE COMPLETION OF A SURVEY WILL NOT INCREASE A PARTICIPANT’S CHANCE OF WINNING. THIS SWEEPSTAKES IS INTENDED FOR PARTICIPATION IN THE CONTINENTAL UNITED STATES ONLY AND EXCLUDES HAWAII AND ALASKA. ALL FEDERAL, STATE, LOCAL, AND MUNICIPAL LAWS AND REGULATIONS APPLY. THIS SWEEPSTAKES IS VOID WHERE PROHIBITED. THE ODDS OF WINNING DEPEND ON THE NUMBER OF ENTRIES RECEIVED.
2. SPONSOR: The Popticals® Scott Suggs Fishing Trip Sweepstakes (the “Sweepstakes”) is sponsored by Visoptical, LLC d/b/a Popticals, with an address at 1638 Headland Drive, Fenton, Missouri 63026 (“Sponsor”). The Sweepstakes entry period starts on March 24, 2017 at 10:30 a.m. Central Time (“CT”) and ends on November 30, 2017 at 5:00 p.m. CT (the “Sweepstakes Period”). Eligibility for entry into the Sweepstakes will cease at the applicable time and date, and all entries received thereafter will be considered disqualified and will be ineligible for participation. If Sponsor does not receive your entry for any reason, or if your entry is not entered correctly, the entry will be invalid and you will be ineligible to participate or win. Sponsor’s clock will be the official clock of the Sweepstakes.
3. ELIGIBILITY: ONLY INDIVIDUALS WHO AT THE TIME OF ENTRY ARE (1) LEGAL RESIDENTS OF THE CONTINENTAL UNITED STATES, AND (2) EIGHTEEN (18) YEARS OF AGE OR OLDER, ARE ELIGIBLE TO PARTICIPATE OR WIN. SPONSOR DOES NOT WARRANT THAT THIS SWEEPSTAKES IS VALID IN ANY PARTICULAR JURISDICTION. RESIDENTS OF JURISDICTIONS WHERE THIS SWEEPSTAKES IS PROHIBITED ARE INELIGIBLE TO PARTICIPATE IN THIS SWEEPSTAKES. Employees, agents, or representatives of Sponsor and its respective subsidiaries, parents, affiliates, advertising and marketing promotion agencies, and their immediate family members (defined as a person’s spouse, parents, children, grandparents, and/or siblings, regardless of where they live), and/or persons living in the same households of such employees, whether or not related, are not eligible to enter or win. Only participants who comply with all terms and conditions of these Official Rules will be eligible to win.
4. HOW TO ENTER: There are three (3) methods of entry into the Sweepstakes:
Submission by regular mail.
Submission by online entry.
Submission by in-person entry.
To enter by mail, print your full name, complete mailing address, daytime phone number, email address, and date of birth on a 3” x 5” card. Sign and mail the completed entry in a self-addressed envelope with proper first class postage affixed to: Popticals® Scott Suggs Fishing Trip Sweepstakes, c/o Popticals, 1638 Headland Drive, Fenton, Missouri 63026. All mail entries must be hand printed. Mail entries that are printed by machine, or otherwise mechanically reproduced, shall be ineligible and shall not be accepted. Further, all mail entries postmarked prior to March 24, 2017 or after November 30, 2017 shall be ineligible and shall not be accepted. One (1) entry via regular mail will count as one (1) entry in the drawing.
To enter online, visit www.popticals.com/fishwithsuggs and complete the online entry form with your full name, email address, and daytime phone number where indicated. All online entries must be submitted by 5:00 p.m. CT on November 30, 2017. One (1) submission of a completed online entry form will count as one (1) entry in the Sweepstakes.
To enter in person, visit any participating Popticals® retail location or the Popticals® booth during the Bassmasters Trade Show on March 24-26th and complete an entry form by providing your full name, email address, and daytime phone number. All in-person entries must be submitted by 5:00 p.m. CT on November 30th, 2017. One (1) in-person entry will count as one (1) entry into the Sweepstakes.
By submitting the entry form and entering into the Sweepstakes, Participants agree to receive emails from Sponsor. Participants may opt out of receiving future correspondence from the Sponsor at any time by clicking the “unsubscribe” link contained within any Sweepstakes email or related follow-up communication sent by Sponsor.
Limit is one (1) entry per person and email address regardless of the method of entry. If multiple submissions of the same survey are submitted by any participant, only the first entry received by Sponsor (as determined by the Sponsor) will be entered into the Sweepstakes.
Participants may not enter with multiple email addresses, nor may participants use any other device or artifice to enter as multiple participants. Any participant who attempts to enter with multiple email addresses under multiple identities or uses any device or artifice to enter multiple times will be disqualified, in Sponsor’s discretion. Multiple participants are not permitted to share the same email address. Automated entries are prohibited, and any use of automated devices will cause disqualification. All entries will be deemed to have been submitted by the holder of the email from which it was sent. For these purposes, an email account holder shall mean the primary person who is assigned to such email account by the Internet access provider, online service provider, or other organization responsible for assigning email addresses for the domain associated with such email account. All entries become the sole and exclusive property of Sponsor and will not be returned. Receipt of entries may not be acknowledged, and proof of submission will not be deemed to be proof of receipt by Sponsor. Sponsor is not responsible for, and shall not be liable for late, lost, misdirected, unsuccessful, damaged, postage-due, stolen, or illegible entries for any reason. Entries that are mutilated, tampered with, illegible, invalid, or incomplete are not eligible and will not be accepted. Sponsor reserves the right in its sole discretion to reject any entry for failure to fully comply with these Official Rules.
5. PRIZE: [One (1) Prize]: One (1) prize consisting of:
- a fishing trip in Bryant, Arkansas guided by fishing pro Scott Suggs from January 5-8, 2018 (fishing will take place on January 6-7, 2018),
- airfare for the winner and a guest (arrival date is January 5, 2018 and departure date is January 8, 2018),
- hotel accommodations (3 nights),
- meals provided (not to exceed $45 per day per person), and
- two pair of Popticals® eyewear,
(collectively, the “Prize”) will be awarded by a drawing conducted on or about December 4, 2017 but in no event later than December 14, 2017 (the “Drawing”). All eligible entries submitted or postmarked by November 30, 2017 at 5:00 p.m. CT will be eligible for the Drawing. The reporting and payment of all tax liabilities incurred by any winner as a result of the Sweepstakes, including but not limited to federal, state, and local income taxes, is the sole responsibility of the winner. All federal, state, and local laws and regulations apply. The winner is solely responsible for all other fees or costs associated with the Prize received, regardless of whether it, in whole or in part, is used. The winner may be required to provide his/her Social Security Number for tax reporting purposes. The winner may also be required to complete applicable tax documents and return them to Sponsor. The Prize is awarded AS IS and WITHOUT WARRANTY OF ANY KIND, expressed or implied, including, without limitation, any implied warranty of merchantability or fitness for a particular purpose. The winner may waive his/her right to receive the Prize. No substitution of the Prize will be permitted, except by Sponsor, which may substitute a prize of equal or greater value if the advertised Prize becomes unavailable. The Prize is non-assignable and non-transferable and may not be redeemed for cash. Odds of winning will be dependent upon the number of entries received. The odds of winning will be the same, whether the entry was received online or via regular mail. The total approximate retail value of the Prize is $4,00.00.
6. DRAWING: The potential winner will be selected on December 4, 2017 by Sponsor in a random drawing among all eligible entries properly submitted prior to the date of that drawing, as defined above. Each potential winner will be notified on or about December 4, 2017 via the email address provided on the entry form. The potential winner will have seven (7) business days from the date of notification to accept the Prize by email. If the Prize notification is returned as undeliverable, if Sponsor does not receive a response from the potential winner within seven (7) business days of the Prize notification attempt, if the potential winner rejects the Prize, or in the event of non-compliance with any of these Official Rules, the potential winner’s interests in the Prize may be forfeited and awarded to an alternate winner from among the remaining eligible entries. In the event that the Prize notification to the subsequent potential winner is returned as undeliverable, if Sponsor does not receive a response from the substitute winner within seven (7) business days of the Prize notification attempt, if the substitute potential winner rejects the Prize, or in the event of non-compliance with any of these Official Rules, a further potential winner will be selected among the remaining eligible entries, until a maximum of two (2) re-draws are completed, provided further that in the event that a winner is not determined after attempts have been made to contact three (3) potential winners, Sponsor may elect not to conduct any further redraws and not award any such Prize. Upon Prize forfeiture, no compensation will be given. The Popticals® eyewear will be delivered to the winner via mailing address listed in the entry, and the winner will be contacted by a representative of Sponsor to arrange airfare and accommodations for the fishing trip. The trip will be scheduled in January 2018. Sponsor is not responsible for, and shall not be liable for late, lost, misdirected, or unsuccessful efforts to notify the winner, for any communication from participant to Sponsor which is late, lost, misdirected, or unsuccessful, or for any change of the winner’s contact information. The potential winner will be subject to all requirements set forth in these Official Rules. The potential winner will be required to comply with all instructions in the Prize notification and may be required to sign an affidavit of eligibility, a liability release, a publishing rights release, and/or a publicity release (where permitted by law), including, without limitation, a “Consent to the Prize Declaration and Release Form”. The potential winner IS subject to verification, including verification of age AND RESIDENCY, by SPONSOR, WHOSE DECISION IS FINAL AND BINDING IN ALL MATTERS RELATED TO THE SWEEPSTAKES. A PARTICIPANT IS NOT A WINNER OF THE PRIZE, EVEN IF THE SWEEPSTAKES SO INDICATES, UNLESS AND UNTIL THE PARTICIPANT’S ELIGIBILITY HAS BEEN VERIFIED. SPONSOR WILL NOT ACCEPT EVIDENCE OF WINNING IN LIEU OF ITS VALIDATION PROCESS.
7. LIMITATION OF LIABILITY: By entering the Sweepstakes, all participants agree to these Official Rules and all eligibility requirements and all decisions of Sponsor. BY ENTERING THE SWEEPSTAKES AND/OR ACCEPTING THE PRIZE, EACH PARTICIPANT AGREES THAT THE SPONSOR, AFFILIATES OF SPONSOR, AND ALL OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS (COLLECTIVELY, ITS “REPRESENTATIVES”), WILL HAVE NO LIABILITY WHATSOEVER TO THE PARTICIPANT FOR, AND WILL BE HELD HARMLESS BY THE PARTICIPANT FOR, ANY LIABILITY, CLAIMS, INJURY, LOSS, OR DAMAGE OF ANY KIND, DUE IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, INCLUDING WITHOUT LIMITATION, CLAIMS ARISING OUT OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE, CLAIMS ARISING OUT OF THE PARTICIPANT’S PARTICIPATION IN THIS SWEEPSTAKES OR THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF THE PRIZE, CLAIMS BASED ON INTELLECTUAL PROPERTY RIGHTS, PUBLICITY RIGHTS, PRIVACY, OR DEFAMATION, OR CLAIMS BASED ON THE NEGLIGENCE OF SPONSOR. Sponsor is not responsible if Sweepstakes cannot take place or if any Prize cannot be awarded due to acts of war, natural disasters, weather or acts of terrorism, or any other acts or events beyond its control. Participants further agree that Sponsor is not responsible for: 1) any incorrect or inaccurate information, whether caused by participants, printing errors, or by any of the equipment or programming associated with or utilized in the Sweepstakes; 2) technical malfunctions or failures of any kind, including without limitation, malfunctions, interruptions, traffic congestion, or disconnections in the telephone network, computer online system, computer dating mechanism, computer equipment, software, servers, providers, or any combination thereof; 3) unauthorized human intervention in any part of the Sweepstakes, including theft, destruction, or unauthorized access to, or alteration of, entries; 4) technical or human error which may occur in the administration of the Sweepstakes or the processing of the entries; or 5) any injury, damage, or loss to persons or property which may be caused, directly or indirectly, in whole or in part, from participant’s participation in the Sweepstakes, or receipt, possession, acceptance, and/or use or misuse of any Prize.
8. DISCLAIMER: If for any reason the Sweepstakes is not capable of running as planned, including due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failure, human error or any other causes beyond the control of the Sponsor that corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Sweepstakes, Sponsor reserves the right, in its sole discretion, to disqualify any individual (and all of his or her entries) who tampers with or abuses any aspect of the Sweepstakes, and/or to cancel, terminate, modify or suspend the Sweepstakes, or any portion thereof. In the event of early termination or cancellation of the Sweepstakes, Sponsor may, in its sole discretion, choose not to award the Prize, or to award such Prize to individuals selected at random from the pool of eligible entrants received up to the point of termination or cancellation. In no event will more Prizes be awarded than those listed in these Official Rules. CAUTION: ANY ATTEMPT BY A PARTICIPANT TO DELIBERATELY DAMAGE ANY WEB 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, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
9. RELEASE: BY SUBMITTING AN ENTRY AND/OR COMPLETING A SURVEY, THE PARTICIPANT ACKNOWLEDGES THAT THE NON-IDENTIFYING DETAILS OF HIS/HER ENTRY MAY BE USED IN SPONSOR’S ADVERTISING AND MARKETING MATERIALS, IN SPONSOR’S SOLE DISCRETION. Specifically, by entering the Sweepstakes, the participant agrees that the Sponsor and its Representatives, and those acting under the authority of the Sponsor or its Representatives may use (or refrain from using) information from the participant’s entry, anonymously, for any and all advertising and promotional purposes in any and all media now known or hereafter invented (including but not limited to digital and print media) without territorial or time limitations and without further consideration, at the sole discretion of the Sponsor, unless prohibited by law, in conjunction with this Sweepstakes and similar promotions without notice to the participant. Notwithstanding the above and except as provided for in Section 11 herein, Sponsor will never use the participant’s identifying information, such as his/her full name or specific address, but may use the participant’s location information. By way of example, Sponsor may use the following in its marketing materials: “Bob S. from Clayton, MO won a fishing trip with Scott Suggs and two pair of Popticals® eyewear.” The participant will have no right of approval, no claim to any compensation, or no claim arising out of the use, alteration, distortion, or illusionary effect or use in any composite form of the participant’s entry. By submitting an entry, the participant agrees that the submission is gratuitous and made without restriction, and will not place the Sponsor under any obligation. Sponsor is free to disclose the ideas contained in the entry on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to the participant. Participant acknowledges that by acceptance of his/her entry, Sponsor does not waive any rights to use similar or related ideas previously known to Sponsor, or developed by its employees, or obtained from sources other than the participant.
10. GENERAL: ENTRIES POSTED BY SPONSOR ARE THE VIEWS AND OPINIONS OF THE INDIVIDUAL PARTICIPANT, AND DO NOT REFLECT THE VIEWS OF THE SPONSOR IN ANY MANNER. Any waiver of any obligation hereunder by Sponsor does not constitute a general waiver of any obligation to participants. Participant warrants and represents that his/her entry does not infringe upon the copyrights, trademark rights, rights of privacy, publicity, or other intellectual property, or other rights of any person or entity, and that any publication of the entry via various media outlets, including Internet posting, will not infringe on the rights of any third party. Each participant or winner further agrees to indemnify and hold Sponsor and its Representatives harmless from any claims arising from Sponsor’s use of the participant’s or winner’s entry.
11. OFFICIAL RULES AND WINNER: These Official Rules and the name of the winner may be obtained by sending a self-addressed, stamped envelope to Popticals® Scott Suggs Fishing Trip Sweepstakes, c/o Popticals, 1638 Headland Drive, Fenton, Missouri 63026, within thirty (30) days of the Sweepstakes’ deadline date.
12. COLLECTION OF INFORMATION: Participants agree that personal data, for example, name and address, may be processed, including metadata (i.e. geolocation information associated with the Entry), shared, publicly disclosed, and otherwise used in furtherance of and for purposes within the context of the Sweepstakes and any other purposes outlined in these Official Rules. For example, it may be used by Sponsor in order to verify the participant’s identity, email address, postal address, and telephone number or to otherwise verify the participant’s eligibility to participate in the Sweepstakes. Sponsor will not sell or rent the participant’s data to third parties, but Sponsor cannot control, and assumes no obligation or responsibility for, others’ appropriation or use of any data Sponsor may disclose in connection with this Sweepstakes.
13. RIGHT OF NON-PARTICIPATION: Pursuant to federal law, any participant has the right to notify the Sponsor that he/she does not wish to be contacted by the Sponsor regarding any future sweepstakes, contests, or mailings and that Sponsor may not use any information provided to it by such participant for any purposes other than as needed for this Sweepstakes. Additionally, any participant has the right to opt out of the Sweepstakes at any time by providing such notice to Sponsor. The Sponsor may be so notified by email at email@example.com.
14. GOVERNING LAW AND JURISDICTION: Except where prohibited, all participants agree that: 1) any and all disputes, claims, and causes of action arising out of or in connection with the Sweepstakes or any Prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by a state or federal court having venue in Saint Louis County, Missouri; 2) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, if any; and 3) under no circumstances will participant be permitted to obtain awards for, and each participant hereby waives all rights to claim, indirect, 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. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of the participant and the Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Missouri, without giving effect to any choice of law or conflict of law rules (whether of the State of Missouri or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Missouri.