Fire Pit SWEEPSTAKES
NO PURCHASE NECESSARY TO ENTER. MAKING A PURCHASE WILL NOT INCREASE AN ENTRANT’S CHANCES OF WINNING.
The HEADFRAME Exclusive Fire Pit (“Promotion”) is sponsored by Headframe Spirits, Inc. (“Sponsor”), 21 S. Montana St., Butte MT 59701 and is administered by select Montana Liquor Store Locations (“Administrator”).
The Promotion begins at or about 12:00 AM (midnight) Mountain Time (“MT”) on May 1, 2023 and ends at 11:59:59 PM ET on July 31, 2023 (“Promotion Period”). The Administrator’s computer is the Promotion’s official clock.
This Promotion is open only to legal residents of the fifty (50) United States and the District of Columbia who are at least twenty-one (21) years old at the time of entry. Employees, officers and directors of Sponsor, Administrator, HMT Associates, Inc. and any of their respective owners, parent companies, affiliates, directors, subsidiaries, representatives, advertising, promotion and production agencies or agents (collectively, the “Promotion Entities”) as well as their immediate family members (defined as including spouse; biological, adoptive, and/or step-parents, grandparents, siblings, children and grandchildren, and each of their respective spouses, regardless of where they reside) and persons living in the same household (whether related or not) of any of the above are not eligible to enter or win. Void outside the 50 United States/the District of Columbia and where prohibited by law. All federal, state and local laws apply.
Participation constitutes entrant’s (and entrant’s parent’s or legal guardian’s if entrant is deemed a minor in the jurisdiction in which s/he resides [“Minor”]) full and unconditional agreement to these Official Rules and Sponsor and Administrator’s decisions, which are final and binding in all matters related to the Promotion. Winning a prize is contingent upon fulfilling all requirements set forth herein. Entrants and/or potential winners may be required to provide proof of identification and eligibility as required by Sponsor or Administrator. For purposes of the Promotion, an entrant’s residential address and e-mail address will be the physical address and e-mail address submitted at the time of registration. Entrants will not be allowed to change their physical address or e-mail address on a submitted registration. If it is discovered or suspected that an entrant has registered or attempted to register for the Promotion more than once per calendar day using multiple e-mail addresses or multiple identities, all of that entrant’s Game Plays (as defined in Rule 3, below) will be declared null and void and any prize that he/she might have been entitled to win will not be awarded and will be revoked. Use of any automated system or any like methods to participate in the Promotion is prohibited and will result in disqualification of any entrant attempting such use.
How to qualify
During the Promotion Period, eligible entrants must visit participating Montana liquor stores (“Administrators”) and submit their valid e-mail address. If it is the entrant’s first time participating in the Promotion, the entrant must first complete and submit the registration form with all required information, which may include, but may not be limited to, first and complete last name (no initials), telephone number, street address (no P.O. Boxes will be allowed), city, state and ZIP Code. The Administrators will then notify each individual winner based on their store submissions.
There is a limit of one (1) sweepstakes submission per entrant/person per day during the Promotion Period. A “day” is defined as starting at 12:00 AM MT and ending at 11:59:59 PM MT on a calendar day during the Promotion Period.
prizes, approximate retail value (“arv”) and odds of winning
The following prizes are available in the Promotion (each a “Prize”):
|Prize Description||ARV||Quantity||Total ARV|
|Exclusive Headframe Fire Pit||$200||10||$2,000|
No more than ten (10) Prizes will be awarded for any reason. If, due to a technical, production, human or other error, more than ten (10) entrants receive a winning Notification, the ten (10) intended Prizes will be awarded in a random drawing from among all recipients of such Notifications. No other prizes will be awarded in this Promotion.
Total ARV: The total ARV of all available Prizes in the Promotion is Two Thousand and 00/100 Dollars ($2,000).
Odds of Winning: The odds of winning a Prize depend on the number of eligible submissions during the Promotion Period, the number of prizes available at the time of a submission, and when the entrant completes a submission.
The number of Prizes available to be won will decrease during the Promotion Period as prizes are awarded and claimed.
GENERAL PRIZE CONDITIONS
There is a limit of one (1) Prize per entrant/person/household during the entire Promotion Period. Details of Prizes will be determined by Sponsor in its sole discretion.
how to claim a prize
All entrants who receive a winning Notification are subject to verification of eligibility and compliance with these Official Rules. Potential winners will be notified by e-mail or phone by Administrators with instructions on how to claim a Prize. All potential winners may be requested to provide additional documentation for verification purposes within a specified time period. If a potential winner is disqualified, found to be ineligible or not in compliance with these Official Rules, fails to timely provide any requested additional documentation, or declines to accept a Prize, the Prize may be forfeited. If a Prize is forfeited for any reason, the Prize will not be awarded. If, after a good-faith attempt, Administrators are unable to award or deliver a Prize for any reason, the Prize will be forfeited and will not be re- awarded. Administrators are responsible for ensuring that each Prize winner claims and picks up their Prize from the determined location. Each winner shall be solely responsible for payment of any and all applicable federal, state and local taxes for any Prize won. Administrator will attempt to notify each potential winner as set forth above, but Administrator/Sponsor is not responsible for any undelivered e-mails, including without limitation e-mails that are not received because of a winner’s privacy or spam filter settings which may divert any Promotion email, including any winner notification email, to a spam or junk folder. Administrator will attempt to notify each potential winner as set forth above, but Administrator/Sponsor is not responsible for any unanswered calls or undeliverable phone lines. Prizes that are unclaimed, unredeemed or returned as undeliverable will not be awarded. The right to receive a Prize is non-assignable, non-transferable and no Prize substitution, exchange or cash equivalent will be allowed, except by Sponsor, who reserves the right to substitute a Prize (or Prize component) of equal or greater value in case of unavailability of a Prize (or Prize component) or the occurrence of a force majeure event, at Sponsor’s sole and absolute discretion. Promotion Entities shall not be held responsible for any delays in awarding any Prize for any reason.
LIMITATION OF LIABILITY
By participating in this Promotion entrants (and their parents or legal guardians if entrants are Minors) agree that the Promotion Entities and their respective affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, website providers, Web masters and their respective officers, directors, employees, representatives, designees and agents (collectively, “Released Parties”) are not responsible for lost, late, incomplete, stolen, misdirected or undeliverable 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, service provider/Internet/Website/use net accessibility, availability or traffic congestion; or any technical, mechanical, printing, human or typographical or other error; or unauthorized human intervention; or the incorrect or inaccurate capture of registration information regardless of cause; or the failure to capture, or loss of, any such information regardless of cause. The Released Parties are not responsible for any incorrect or inaccurate information, whether caused by any Promotion 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 a Prize. The Released Parties shall not be responsible or liable for submissions entered late, incorrectly, forged, lost, misplaced, misdirected, tampered with, incomplete, deleted, damaged, garbled or otherwise not in compliance with the Official Rules, and all such submissions may, in Sponsor’s sole discretion, be disqualified.
If, for any reason, the Promotion is not capable of running as planned, Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Promotion and/or proceed with the Promotion, including the selection of winners in a manner it deems fair and reasonable, which may include the selection of the winners from among all eligible, non- suspect Game Plays received prior to such cancellation, termination, modification or suspension.
By entering the Promotion, each entrant agrees: (i) to waive any rights to claim ambiguity with respect to these Official Rules; (ii) to waive all rights to bring any claim, action or proceeding against any of the Released Parties in connection with the Promotion; and (iii) to forever and irrevocably agree to release and hold harmless each of the Released Parties from and against 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, (b) acceptance, attendance at, receipt, travel related to, 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), (c) any change in the Prizes (or any components thereof) due to unavailability or due to reasons beyond Sponsor’s control, including but not limited to by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not such action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened or actual terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, pandemic or epidemic, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot or any other cause beyond any of the Released Parties’ control, or as otherwise permitted in these Official Rules, (d) any interruptions in or postponement or cancellation of the Promotion, (e) human error, (f) any wrongful, negligent, or unauthorized act or omission on the part of any of the Released Parties, (g) lost, late, stolen, misdirected, damaged or destroyed Prizes (or any element thereof), or (h) negligence or willful misconduct by entrant.
Without limiting the foregoing, everything regarding this Promotion, including the Website and Prize components, 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 where prohibited, each entrant agrees that: (a) any and all disputes, claims and causes of action arising out of or connected with this Promotion or any prize awarded shall be resolved individually, without resort to any form of class action; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event attorneys’ fees; and (c) to the extent allowed by applicable law, under no circumstances will entrant be permitted to obtain awards for, and entrant 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 entrant and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of Montana without giving effect to any choice of law or conflict of law rules (whether of the State of Montana or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Montana. Furthermore, entrant and each of the Promotion Entities hereby waive, to the fullest extent permitted by applicable law, any right they may have to a trial by jury in respect of any claim or dispute arising from or relating to the Promotion or these Official Rules. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
By participating in the Promotion and/or accepting a Prize, each entrant agrees to allow Sponsor and/or Sponsor’s designee the perpetual right to use their name, biographical information, photos and/or likeness, and statements for promotion, trade, commercial, advertising and publicity purposes, at any time or times, in all media now known or hereafter discovered including but not limited to live television, social media and the Internet, worldwide, without limitation and without further notice, review, approval or additional compensation.
Any attempted form of participation in this Promotion other than as described herein is void. In the event of a dispute as to the identity of a winner, the winning submission will be declared made by the authorized account holder of the e-mail address submitted on the registration form associated with such submission. “Authorized submission” is defined as the natural person who is connected to the e-mail address, phone number or address listed on the submitted sweepstakes paper. Sponsor and Administrator reserve the right to disqualify any individual found, in their 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 the Promotion. CAUTION AND WARNING: ANY ATTEMPT TO UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR 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 shall be modified or deleted in such manner as to render the remaining provisions of these Official Rules valid and enforceable. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision and such provision shall remain in full force and effect. All materials submitted become the property of Sponsor and will not be returned. In the event of any conflict between any Promotion details contained in these Official Rules and Promotion details contained in any notifications or promotional materials (including but not limited to point of sale, television and print advertising, promotional packaging and other promotional media), the details of the Promotion as set forth in these Official Rules shall govern and prevail.
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