- NO PURCHASE IS NECESSARY TO ENTER OR WIN. PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.
2. Eligibility. The Check Outside ”S’mores Shack Shade Tent Package Giveaway” (“Sweepstakes“ or “Promotion”) is open to all individuals over the age of 18 and who are legal residents of the United States at the time of entry, except as follows: Employees of Check Outside, the participating brands (“Sponsors”) and its subsidiaries, affiliates, partners, distributors and advertising or promotion agencies and the immediate families of such persons (spouse, parents, siblings and children and each of their spouses) and persons living in the households of each of these individuals whether related or not are ineligible to participate or win. The term “affiliate” includes companies donating prizes to Sponsor for this Promotion. All eligibility is subject to applicable federal, state, and local laws and regulations.
3. Entry: Entrants who participate in the “Say It With A S’more Promotion” are eligible to receive the giveaway package.
- “Like” the Check Outside Facebook or Instagram account.
- Take a photo with a S’more and post it, tagging @Check Outside and #SayItWithASmore
- Participants may also enter to win by simply sign up for our newsletter using the form.
The Promotion begins at 12:00 a.m. on May 25th, 2019, and ends June 17th, 2019 at 6:00 p.m. Mountain Standard Time (the “Contest Period”). Sponsor’s computer is the official time keeping device for this Promotion. One entry per person.
4. Odds of winning are equal to all. We will use a randomizing software to select the winners.
5. Limit: Each entrant must have his or her own personal email address to enter. Entrants may not share the same email address. Using multiple/different email addresses, identities, registrations, logins, or any other method to attempt to enter the Promotion more than the allowed number of times will void all of an entrant’s entries, and that entrant may be disqualified from participation in the Promotion. Use of any automated system to enter the Promotion is prohibited and will result in disqualification. Sponsor and its affiliates are not responsible for lost, late, incomplete, invalid, unintelligible or misdirected registrations, which will be disqualified. If there is a dispute as to any registration, the authorized account holder of the email address used to register will be deemed to be the registrant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address, or the person who is assigned to a Facebook, Instagram or Twitter account by Facebook, Instagram or Twitter and associated with the entry. Each entrant may be required to show proof of being the authorized account holder.
A winner will be selected to receive the following items:
• Kelty Cabana Shade Tent – MSRP $145.00
• 2x Kelty Camp Chairs – MSRP $105.00
7. The Winners will be randomly selected by Sponsor on or before June 17th, 2019. The Winner will be notified by email at the email address provided with the entries in the Promotion. If a Winner cannot be reached within fourteen (14) days from the first notification attempt, then that Winner shall be disqualified and an alternative Winner will be randomly selected. All prizes are awarded “AS IS,” “AS AVAILABLE,” and without warranty of any kind, express or implied, including without limitation any implied warranty of merchantability or fitness for a particular purpose. All federal, state and local taxes and duties are the Winner’s responsibility. A prize may not be assigned, transferred, substituted or redeemed for cash, except that Sponsor or an affiliate provided a prize may substitute a prize of equal or greater value in the event the listed prize is not available or cannot be awarded. The Winner will be required to provide his/her personal details and mailing address before the prize can be released. The prizes will be delivered by regular U.S. mail or private courier. Unclaimed prizes will not be awarded.
8. Decisions: By entering into the Promotion, entrants agree to abide by and be bound by these official rules, and to accept the decisions of Sponsor or an applicable affiliate as final. Entry in this Promotion does not constitute entry into any other promotion, contest or sweepstakes of Sponsor or any affiliate. Neither Sponsor nor any affiliate is responsible for stolen, lost, late, misdirected, damaged, incomplete, or illegible entries, whether due to system errors or failures, faulty transmission or other telecommunications malfunctions, entries not received resulting from any hardware or software failures of any kind, lost or unavailable network connections, failed, incomplete or garbled computer or telephone transmissions, typographical or system errors and failures, technical malfunctions, spam filters, or otherwise. Sponsor may prohibit an entrant from participating in the Promotion or winning a prize if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the Promotion by cheating, hacking, deception, or other unfair playing practices (including the use of automated quick entry programs or any other entries generated by a script, macro, or other automated means) or intending to annoy, abuse, threaten or harass any other entrants or Sponsor. CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION 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 ATTORNEYS’ FEES) FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW, INCLUDING SEEKING CRIMINAL PROSECUTION. By participating, entrants acknowledge and represent that they unconditionally agree to be bound by these Official Rules and the decisions of Sponsor, which are binding and final in all matters relating to this Promotion and waive any right to claim ambiguity in the Promotion or these Official Rules.
9. Publicity: Each Winner agrees to permit Sponsor to use his/her name and likeness in promotional and other Sponsor materials, without additional compensation or permission, except where prohibited by law. Each Winner also agrees that their name and prize value will be given to other people upon request.
10. Additional Terms:
YOU ACKNOWLEDGE AND AGREE THAT ANY ACCEPTANCE, PARTICIPATION IN OR WITH, AND/OR USE OF ANY PRIZE ARE SOLELY AT YOUR OWN RISK. YOU, ON BEHALF OF YOURSELF AND YOUR ASSIGNS, HEIRS, DEVISEES AND ESTATE (COLLECTIVELY, “SUCCESSORS”), HEREBY UNCONDITIONALLY AND FOREVER RELEASE, DISCHARGE, AND AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS SPONSOR, ITS AFFILIATES AND OTHER PROVIDERS OF ANY PRIZE AND EACH OF THEIR RESPECTIVE PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROFESSIONAL ADVISORS, AND CONTRACTORS (COLLECTIVELY, “RELEASED PARTIES”), FROM ANY AND ALL CLAIMS, JUDGMENTS, COSTS, DAMAGES, LOSSES, EXPENSES, AND LIABILITIES (WHETHER UNDER CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE (WHETHER ACTIVE, PASSIVE, OR IMPUTED), STRICT LIABILITY, PRODUCT LIABILITY, OR ANY OTHER THEORY) RELATING TO ANY CLAIM YOU MAY NOW OR LATER HAVE WITH RESPECT TO ANY DEATH, PERSONAL INJURY, PROPERTY DAMAGE, PECUNIARY, OR OTHER LOSS, DAMAGE, COST, OR EXPENSE (COLLECTIVELY, “HARM”) THAT MAY BE SUFFERED BY YOU OR ANY THIRD PARTY AS A RESULT OF THE PROMOTION, ANY USE BY THE RELEASED PARTIES OF YOUR NAME, LIKENESS (INCLUDING, WITHOUT LIMITATION, AURAL AND VISUAL LIKENESSES OF YOU), OR BIOGRAPHICAL DATA, OR IN CONNECTION WITH YOUR ACCEPTANCE, PARTICIPATION IN OR WITH, USE OF, AND/OR INABILITY TO USE ANY PRIZE AWARDED TO YOU, EVEN IF SUCH HARM IS CAUSED SOLELY BY THE RECKLESSNESS, NEGLIGENCE, OR FAULT OF ONE OR MORE RELEASED PARTIES (COLLECTIVELY, THE “RELEASED CLAIMS”). YOU UNDERSTAND AND AGREE THAT THIS RELEASE WILL PREVENT YOU AND YOUR SUCCESSORS FROM BRINGING ANY ACTION AGAINST ANY RELEASED PARTY AND FROM RECOVERING ANY MONEY DAMAGES OR OTHER RELIEF FROM ANY RELEASED PARTY IN CONNECTION WITH ANY OF THE RELEASED CLAIMS.
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 substantive laws of the State of Illinois, without regard to its choice of law provisions. You irrevocably consent to the exclusive jurisdiction and venue of the federal and state courts located in La Plata County, Colorado, with respect to any claim or suit arising out of or in connection with these Official rules, the Promotion, any delivery, mis-delivery, or non-delivery of any prize or your acceptance, participation in, use of, or inability to use any prize, and agree not to commence or prosecute any such claim or suit other than in the aforementioned courts. EACH OF THE PARTIES HEREBY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THESE OFFICIAL RULES, THE PROMOTION OR ANY OF THE RELEASED CLAIMS.
You understand and agree that if any provision of these official rules is found to be unenforceable in any respect by a court of competent jurisdiction, it is your intention and understanding that these official rules shall nonetheless be enforced to the maximum extent to which they are found to be legally enforceable. TO THE EXTENT PERMITTED BY LAW, YOU WAIVE THE BENEFIT OF ANY PROVISIONS OF ANY STATUTE OR OTHER LAW THAT MIGHT ADVERSELY AFFECT THE RIGHTS OF ANY RELEASED PARTY UNDER THESE OFFICIAL RULES.
You understand and agree that your consent to these official rules set forth above are a material inducement for Sponsor and its affiliates to award a prize to you and that Sponsor and its affiliates would not do so in the absence of your consent as evidenced by your participation in the Promotion.
These official rules are the entire agreement between Sponsor and its affiliates and you with respect to the matters described herein, and supersedes any and all other agreements and communications, oral or written, between you and Sponsor or any other Released Party with respect to such matters. These official rules may not be amended or supplemented except by a writing signed by Sponsor specifically referencing these official rules.
Except where prohibited by law, as a condition of participating in the Promotion, each entrant agrees that (1) any and all disputes and causes of action arising out of or connected with the Promotion drawing or any prizes awarded, shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of the American Arbitration Association and held in Chicago, Illinois; (2) the laws of the State of Illinois will govern the enforcement and all proceedings at such arbitration; and (3) judgment upon such arbitration award may be entered in any court having jurisdiction. Under no circumstances will any participant be permitted to obtain awards for, and each participant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than actual out-of-pocket expenses (i.e., costs associated with entering the Promotion), and waives all rights to have damages multiplied or increased under any federal or state law.
This Promotion is void where prohibited by law or regulation. Sponsor may substitute prizes of equivalent value, amend the rules or discontinue the Promotion at any time. Sponsor disclaims any responsibility to notify participants of any aspect related to the conduct of this Promotion.
©2019 Check Outside. All Rights Reserved.
This promotion is in no way sponsored, endorsed or administered by, or associated with, Instagram or Facebook or any other media outlets.