Atomic Ranch + Modfire Outdoor Fireplace GIVEAWAY
OFFICIAL RULES
NO PURCHASE OR PAYMENT OF MONEY IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE OR PAYMENT OF MONEY WILL NOT IMPROVE THE CHANCES OF WINNING.
These Official Rules govern the the Atomic Ranch + Modfire Outdoor Fireplace GIVEAWAY Giveaway (the “Sweepstakes”), which is open to eligible legal residents of the United States. The Sweepstakes shall only be construed and evaluated according to applicable U.S. law and state law. Do not enter this Sweepstakes if you are not located in the United States or are otherwise ineligible to enter in accordance with these Official Rules at the time of entry.
SPONSOR/ADMINISTRATOR: The Sweepstakes is sponsored and administrated by Engaged Media, LLC (“Engaged”), 2222 Sedwick, Durham, NC 27713. For the purposes of the Official Rules, “Sponsor” includes Engaged and any of its affiliates, partners, vendors, independent contractors, employees, or agents (collectively the “Sponsor”).
ELIGIBILITY: The Sweepstakes is open to legal U.S. residents residing in the fifty (50) United States (including the District of Columbia) who are at least eighteen (18) years of age or the age of majority, whichever is older, in their respective states of permanent residence as of June 15, 2021 (the “Entrants”). Employees, officers and representatives of the Sponsor, their respective parent companies, employees, officers, directors, subsidiaries, affiliates, distributors, sales representatives and advertising and promotional agencies, and the officers, directors, agents, and employees of each of the foregoing, and members of their immediate families or other members of their household are NOT eligible to participate in the Sweepstakes. For the purposes of these Official Rules, immediate family members are defined as spouse, children, siblings, grandparents, grandchildren (including any respective steps of the foregoing) and each of their respective spouses, regardless of where they reside, and Non-eligibility or non-compliance with any of these Official Rules will result in disqualification. Void in Puerto Rico, U.S. territories, and where prohibited or restricted by law. (For the avoidance of doubt, any references in these Official Rules to Entrants shall also include the Entrant who is deemed the Winner (as defined below).
AGREEMENT TO OFFICIAL RULES: Individuals who participate in the Sweepstakes (“Entrants”) agree to abide by and be bound by these Official Rules and the decisions of the Sponsor, which are final and binding in all matters relating to the Sweepstakes. Winning a Prize (as defined below) is contingent upon fulfilling all requirements set forth herein.
These official rules are available at the Website or by writing to the Atomic Ranch + Modfire Outdoor Fireplace GIVEAWAY Rules Request, 2220 Sedwick, Durham, NC 27713.
HOW TO ENTER:
Beginning at 12:00:01 AM Eastern Time (“ET”) on September 16th, until 11:59:59 PM ET on October 16th, (the “Sweepstakes Period”), you may enter the Atomic Ranch + Modfire Outdoor Fireplace GIVEAWAY sweepstakes (the “Sweepstakes”) online, by visiting the Atomic Ranch website, atomic-ranch.com, (the “Website”) and completing an official entry form. Limit one (1) entry per valid email address, per eligible person. Sponsor reserves the right to disqualify any person or email address that submits more than one entry. Incorrect, illegible, corrupt and incomplete entries are void. Released Parties (as defined below) are not responsible for: lost, late, incomplete, invalid, unintelligible, illegible, misdirected or postage-due mailed entries. All entries become the exclusive property of Sponsor and will not be acknowledged or returned. Entrant hereby represents and warrants that the information it provides in the Sweepstakes shall be true and accurate, to the best of Entrant’s knowledge, and that Entrant has not purported to be anyone other than Entrant. Entrant further represents and warrants that the entry, and any content, images, or other information contained in the entry do not infringe or otherwise violate any intellectual property or other rights of any third parties. The Sponsor’s computer is the official timekeeping device for the Sweepstakes. All eligible entries received will be entered in the Drawing.
When you enter the Sweepstakes, you give consent to receive promotional e-mails and reminders for upcoming promotions from Engaged Media LLC and its affiliates. You also consent for Sponsor to obtain, use, and transfer your name, address and other information for the purpose of administering this Sweepstakes and for other purposes as set forth below, including sharing such information with Modfire [co-sponsor]. Consent to receive such e-mails does not improve your chances of winning. Entries are considered only upon receipt. Proof of online submission is not considered proof of delivery or receipt. All entries become the property of Sponsor and will not be returned. A purchase will not increase your chance of winning. All entries become the exclusive property of Sponsor and will not be acknowledged or returned.
CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY’S FEES) FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
If by reason of a printing or other error, more prizes are claimed than the number set forth in these rules, all persons making purportedly valid claims will be included in a random drawing to award the advertised number of prizes available in the prize category in question. No more than the advertised number of prizes will be awarded.
By participating in the Sweepstakes, Entrants hereby grant to Sponsor an irrevocable, non-exclusive license or other right to use, license or sub-license (without payment of royalty or other compensation to Entrant or any Person) any and all information disclosed by Entrant, whether confidential, proprietary, or otherwise, including but not limited to intellectual property which Entrant owns or has the legal right to use. Entrant further grants Sponsor an irrevocable and non-exclusive license to use Entrant’s personal information, name, image and likeness for promotional or marketing purposes, including, but not limited to, publication in magazines (both print and online), social media posts, and advertisements, etc., which is granted without payment of royalty or other compensation to either Entrant or any Person.
Entrant hereby indemnifies Sponsor and their respective parent companies, employees, officers, directors, volunteers, members, subsidiaries, affiliates, distributors, sales representatives, advertising, and promotional agencies (collectively, the “Released Parties”) from any third-party claim arising out of use of Entrant’s information, image, or likeness, or any other information, content, or imagines submitted to Sponsor in connection with the Sweepstakes.
RELEASE AND LIMITATIONS OF LIABILITY: By participating in the Sweepstakes, Entrants agree to release and hold harmless the Released Parties from and against any claim, action, injury, loss, damage or cause of action arising out of lost, late, incomplete, damaged, inaccurate, stolen, delayed, misdirected, undelivered, or garbled entries, or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to participation in the Sweepstakes, acceptance or receipt of any prize, use or misuse of any prize, or participation in any prize-related activity, including, but not limited to: (a) any technical errors that may prevent an Entrant from submitting an entry; (b) unauthorized human intervention in the Sweepstakes; (c) errors in the administration of the Sweepstakes or the processing of entries; or (d) injury, death, or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Sweepstakes or receipt or use of any prize. Released Parties assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, theft or destruction or unauthorized access to, or alteration of, entries. Entrant further agrees that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Sweepstakes, and in no event shall the Released Parties be liable for attorney’s fees.
IN NO EVENT WILL RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND (INCLUDING WITHOUT LIMITATION, LOSS PROFIT, CLAIMS OF THIRD PARTIES, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES) ARISING OUT OF PARTICIPATION IN THIS SWEEPSTAKES OR THE ACCEPTANCE, POSSESSION, USE, OR MISUSE OF, OR ANY HARM RESULTING FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF THE PRIZE.
By participating, Entrants release and agree to hold harmless the Released Parties from any and all liability for any injuries, death or losses or damages to persons or property AS WELL AS CLAIMS/ACTIONS BASED ON PUBLICITY RIGHTS, DEFAMATION, AND/OR INVASION OF PRIVACY that may arise from participating in this Sweepstakes or its related activities or the acceptance, possession, use or misuse of, or any harm resulting from the acceptance, possession, use or misuse of the Prize. The Prize Winner also acknowledges that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to the Prize.
You further understand and agree that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived. You acknowledge that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.
GENERAL CONDITIONS: If for any reason the operation or administration of this Sweepstakes is impaired or incapable of running as planned for any reason, including but not limited to (a) infection by computer virus or bugs, (b) tampering, unauthorized intervention, (c) fraud, (d) technical failures, or (e) any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, the Sponsor reserves the right at its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Sweepstakes in whole or in part, at any time, without notice and award the Prizes using all non-suspect eligible entries received as of, or after (if applicable) this cancellation, termination, modification or suspension date, or in any manner that is fair and equitable and best conforms to the spirit of these Official Rules. Sponsor reserves the right, at its sole discretion, to disqualify any individual deemed to be (a) tampering or attempting to tamper with the entry process or the operation of the Sweepstakes or Sponsor’s Website; or (b) acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner.
Failure by the Sponsor to enforce any provision of these Official Rules shall not constitute a waiver of such provision. In the event of a dispute as to the identity of a Winner based on an email address, the winning entry will be declared by the authorized account holder of the email address submitted at time of entry. “Authorized account holder” is defined as the natural person who is assigned to an email address by an Internet access provider, online 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.
DRAWING AND NOTIFICATION: The potential Prize Winner will be selected in a random monthly drawing from among all eligible entries received by the Sponsor whose decisions are final and binding. The Prize drawing will each be conducted on or about October 17, 2022. There will be one (1) potential Prize Winner selected in the prize drawing. Odds of winning a Prize will depend on the total number of eligible entries received. The potential Prize Winner will be contacted by the Sponsor via email of prize confirmation. The potential Prize Winner must sign and return to the Sponsor within seven (7) days of the date of notice or attempted notice is sent, an Affidavit of Eligibility, Liability & Publicity Release in order to claim his/her prize. Note: The Affidavit sent to a potential Prize Winner will require that the potential Winner provide their Social Security Number to the Sponsor, which will be used solely for tax reporting purposes. If a Prize or prize notification is returned as unclaimed or undeliverable to the potential Winner, if a potential Winner cannot be reached within three (3) calendar days from the first notification attempt, if a potential Winner fails to accept the Prize by returning requisite document(s) within the specified time period, or if a potential Winner fails to comply with these Official Rules, then such person shall be disqualified and, at Sponsor’s sole discretion, an alternate Winner may be selected for the Prize at issue. If the alternate Winner is also disqualified for the above-described reasons, Sponsor may select another alternate, and so on. A maximum of four (4) alternate Prize Winners will be selected, and if all five potential Winners are disqualified, then the Sponsor, in its discretion, may declare the contest void and conclude the Sweepstakes without awarding the Prize.
PRIZES & PRIZE CONDITIONS: There will be one (1) Prize awarded at the end of the Sweepstakes Period. Prize Winner (“Prize Winner” or “Winner”), upon the Sponsor’s confirmation of eligibility, will receive one (1) outdoor fireplace from the following selection: The Modfire, Astrofire, Tribalfire, and Boxfire . ALL EXPENSES OR COSTS ASSOCIATED WITH ACCEPTANCE OF A PRIZE NOT MENTIONED HEREIN ARE THE SOLE RESPONSIBILITY OF THE PRIZE WINNER. No substitution or transfer of Prize will be permitted. The Sponsor reserves the right at its sole discretion to substitute the Prize with another prize of equal or greater value in the event that the aforementioned Prize is not available.
The Prize Winner will be responsible for all local, state, and federal taxes associated with the receipt of their accepted Prize. The Prize Winner must also note that the value of their accepted Prize is taxable as income and an IRS Form 1099 will be filed in the name of the Winner for the value of their Prize. The Prize Winner is solely responsible for all matters relating to their Prize after it is awarded.
By accepting a Prize, the Prize Winner agrees to release and hold harmless the Released Parties from and against any claim or cause of action arising out of participation in the Promotion or receipt or use of the prize in question.
By accepting a Prize, where permitted by law, the Prize Winner grants to the Released Parties and those acting pursuant to the authority of Sponsor and the Released Parties (which grant will be confirmed in writing upon Sponsor’s request), the right to print, publish, broadcast and use worldwide IN ALL MEDIA without limitation at any time a Winner’s full name, portrait, picture, voice, likeness and biographical information for advertising, trade and promotional purposes without further payment or additional consideration, and without review, approval or notification.
DISPUTES: By entering the Sweepstakes, Entrants agree that: (1) any and all disputes, claims, and causes of action arising out of or connected with the Sweepstakes, or any prizes awarded, shall be resolved individually, without resort to any form of class action; (2) 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 (3) Under no circumstances will any Entrant be permitted to obtain any award for, and Entrant hereby waives all rights to claim, punitive, 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 and Sponsor or the Released Parties in connection with the Sweepstakes, shall be governed by, and construed in accordance with United States law. Any legal proceedings arising out of this Sweepstakes or relating to these Official Rules shall be instituted only in the federal or state courts of North Carolina, and the parties consent to jurisdiction therein with respect to any legal proceedings or disputes of whatever nature arising under or relating to these Official Rules. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
WINNERS LIST REQUEST: To request confirmation of the name, city, and state of residence of each Prize Winner, please send a self-addressed, stamped business size envelope, by 11/16/22, to: Atomic Ranch + Modfire Outdoor Fireplace GIVEAWAY Winners List Request Engaged Media LLC 2220 Sedwick, Durham, NC 27713.
