The Dan Post Boot Company (“Sponsor”) Swag & Gift Card Giveaways (the “Sweepstakes”) is a promotional giveaway, with a fixed number of prizes to be awarded over the specified Promotion Period (as defined below), in which participants qualify to win Prizes by various methods which are defined when a Giveaway point of entry (“each a Giveaway Posting and collectively “Giveaway Postings”) is posted on one or more of the Sponsors social media sites.
NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING.
1. Eligibility: Except where prohibited by law, the Sweepstakes is open only to legal residents of the 50 United States and the District of Columbia who are 18 years of age or older as of the date of entry. Employees, contractors, directors and officers of the Sponsor its affiliates, subsidiaries, advertising and promotion agencies, suppliers and their immediate family members (parent, child, sibling and spouse of each) and those living in the same household of each are not eligible to enter or win. Other eligibility requirements and conditions of participation are set forth below in these official rules for the Sweepstakes (“Official Rules”). All federal, state, municipal and local laws and regulations apply. Void where prohibited.
2. Promotion Period: The Promotional Period of the Sweepstakes begins at 12:01 a.m. Central Time (“CT”) on January 1st, 2017 and ends at 11:59 p.m. CT on August 30th, 2017 (the “Promotion Period”). Each individual Giveaway (“Giveaway Entry Period”) begins and ends on the dates and times defined on the Giveaway Posting on one or more of the Sponsor’s social media sites.
3. How to Enter: By entering a Sweepstakes, you will not be eligible to receive any prizes awarded in any other Sweepstakes unless you enter each Sweepstakes separately. There are multiple ways to enter the Sweepstakes during the Promotion Period, as follows:
ENTRY METHOD #1
Eligible participants must have or create an account on one or more of the following social media sites: Facebook, Twitter, Instagram or Pinterest. To enter, eligible participants must do one of the following:
(a) Facebook: To enter via Facebook, access your Facebook account, visit and “Like” the Sponsor’s Facebook page (https://facebook.com/danpostboots), access the Sweepstakes posting, and then follow the directions defined on the current Giveaway Posting.
(b) Twitter: To enter via Twitter, access your Twitter account, follow the Sponsor on Twitter (https://twitter.com/danpostbootco), access the Sweepstakes tweet, and then follow the directions defined on the current Giveaway Posting.
(c) Instagram: To enter via Instagram, access your Instagram account, follow the Sponsor on Instagram (https://instagram.com/danpostbootco), access the Sweepstakes photo, and then follow the directions defined on the current Giveaway Posting.
(d) Pinterest: To enter via Pinterest, access your Pinterest account, follow the Sponsor on Pinterest (https://pinterest.com/danpostbootco), access the Sweepstakes pin, and then follow the directions defined on the current Giveaway Posting.
Each eligible participant completing the entry process (“Entrant”) through one of the above social media sites (“each as an Entry and collectively, the “Entries”) will be entered in the Sweepstakes. All Entries must be received during the Giveaway Entry Period to be eligible for the Sweepstakes
ENTRY METHOD #2
(a) Text Message: Use your SMS-enabled mobile phone to test “DPBCSWAG” to shortcode 38470 (“Text Message”) for a chance to win a prize. For each Text Message entry, you may receive up to five reply text messages about the Sweepstakes from the Sponsor. By participating you consent to receive such messages. Entrants must have a mobile phone with text messaging capabilities to enter by Text Message. Message and data rates may apply. Check with your wireless service provider for details on these and other applicable charges. Entrants are solely responsible for any such wireless charges. Not all wireless carriers participate. Proof of text message does not constitute proof of delivery. A Text Message entry must be received by Sponsor during the Entry Period in order to be eligible for the drawing.
(b) Mail-In: Hand print your name, address, daytime and evening phone number, date of birth, and email address on a 3” x 5” piece of paper and mail in a first-class stamped envelope to: Dan Post Boot Company Text to Win Sweepstakes, P.O. Box 30189, Clarksville, TN 37040 (“Mail-In Entry”). Mail-in entries must be postmarked during the Entry Period and must be received by Sponsor within seven days after the end of the Entry Period in order to be eligible for the drawing. Each Mail-In Entry must be mailed separately in a hand-addressed, stamped envelope. No photocopied or mechanically reproduced entries will be accepted. No responsibility is assumed by Sponsor for lost, late, illegible, incomplete, stolen, postage due or misdirected entries or mail, non-delivered text messages; or for interrupted or unavailable satellite, network, server, Internet Service Provider, telephone or other connections, failed computer hardware or software or telephone malfunctions, failures, or other errors of any kind.
Each eligible Entrant completing the entry process either through Text Message entry or Mail-In Entry will be entered in the Sweepstakes. All Text Message Entries must be received, and all Mail-In Entries must be mailed, during the Giveaway Entry Period to be eligible for the Sweepstakes.
4. Entry Conditions:
ENTRY METHOD #1
Entries must be submitted during the Giveaway Entry Period to be eligible for the Sweepstakes. Limit of One Entry per Person during the Giveaway Entry Period. Any attempts by an Entrant to submit more than one Entry into the Sweepstakes will result in such Entries being disqualified. Entrants must meet all eligibility requirements listed herein. The first and last name provided by Entrants will be the identity of the Entrant and, if selected and qualified for a prize, the identity of the winner. The use of a fake name or email address will disqualify an Entrant. Use of agencies or robotic, repetitive, programmed or similar entry methods is prohibited. Any duplicate Entries, after the first Entry per day during the Giveaway Entry Period, will be void. All Entrants agree to abide by these Official Rules and waive any right to claim ambiguity in this Sweepstakes or these Official Rules and to conform to all federal, state, municipal, and local laws. All Entries become the property of Sponsor and will not be acknowledged or returned. In the event of a dispute over the identity of an online Entrant, the Entry will be deemed submitted by the authorized account holder of the email address associated with the Entry. Authorized account holder is defined as the person assigned to an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses. Neither Sponsor, nor any telephone network, nor any service provider is responsible for incorrect transcription of Entry information, or for any human error, technical malfunctions, lost/delayed data transmission, omission, interruption, deletion, defect, line failures or any telephone network, computer equipment, software, inability to access any website or online service, or any other error or malfunction, or late, lost, illegible, incomplete, damaged, or misdirected Entries or Entries not properly forwarded to Sponsor.
ENTRY METHOD #2
Limit of One Entry per Person during each Giveaway Entry Period. Any attempts by an Entrant to submit more than one Entry into the Sweepstakes will result in such Entries being disqualified. Entrants must meet all eligibility requirements listed herein. Use of agencies or robotic, repetitive, programmed or similar entry methods is prohibited. Any duplicate Entries, after the first Entry during the Giveaway Entry Period, will be void. All Entrants agree to abide by these Official Rules and waive any right to claim ambiguity in this Sweepstakes or these Official Rules and to conform to all federal, state, municipal, and local laws. All Entries become the property of Sponsor and will not be acknowledged or returned. In the event of a dispute regarding an Entrant, the authorized account subscriber of the email address or mobile phone used to enter at actual time of entry will be deemed to be the Entrant, and must comply with these Official Rules. The “authorized account subscriber” is deemed to be the natural person who is assigned an email address or mobile phone number by an Internet Access Provider, wireless service carrier, online service provider or other organization that is responsible for assigning email addresses or mobile phone numbers. It is solely the responsibility of the Entrant to notify Sponsor in writing if the Entrant changes his or her mobile phone number or mailing address during the Giveaway Entry Period. Neither Sponsor, nor any telephone network, nor any service provider is responsible for incorrect transcription of Entry information, or for any human error, technical malfunctions, lost/delayed data transmission, omission, interruption, deletion, defect, line failures or any telephone network, computer equipment, software, inability to access any website or online service, or any other error or malfunction, or late, lost, illegible, incomplete, damaged, or misdirected Entries or Entries not properly forwarded to Sponsor.
5. Winner selection and notification: There will be one or more winners (“Winner(s)”) who enter the Sweepstakes as specified on each Giveaway Posting. The start and end dates and times of the Sweepstakes, prize(s), and ARV will be specified on each Giveaway Posting. The Winner(s) of the Sweepstakes will be selected in a random drawing (“Drawing”) within ten days after the end of the Entry Period. The Drawing will be conducted by Sponsor or its representatives, whose decisions are final and binding in all matters relating to this Sweepstakes. The Winner(s) will be notified via the following:
ENTRY METHOD #1 (a) reply comment to the Winner(s) on the Giveaway Posting, (b) email to the email address submitted with Winner(s) Entry, (c) Direct Message sent on the social media site where the Winner(s) Entry was received;
ENTRY METHOD #2 (d) text message, phone, and/or email at the mobile number, phone number, or email address provided at the time of entry. If a potential Winner entered via Text Message, he/she will be notified via a reply text message at the mobile number provided and will receive a text message with instructions on how to claim the prize, and the potential Winner must provide his/her name, mailing address, and/or email address within seventy-two (72) hours to claim prize or prize will be forfeited. If a potential Winner participated via Mail-In Entry, he/she will be notified by phone or email using the phone number or email address provided at time of entry.
Sponsor is not responsible for suspended or discontinued wireless service or a change in mailing address that may result in a potential Winner not receiving initial prize notification. At the sole discretion of the Sponsor, disqualification, forfeiture and the selection of an alternate winner may result from any of the following: (1) the Winner’s failure to timely respond to the notification; (2) the return of the email or mail notification as undeliverable for any reason; (3) the Winner’s failure to validly and timely claim the prize; or (4) any other non-compliance with the Official Rules. In the event of a prize forfeiture, the Sponsor may, in its sole discretion, award or not award the forfeited prize to an alternate winner.
6. Prizes: Winner(s) will receive one or more of the following prizes as more fully described on Giveaway Postings; (each a “Prize” and collectively, the “Prizes”).
PRIZES WILL BE ONE OR MORE OF THE FOLLOWING:
(a) One or more Sponsor-branded merchandise items (“SWAG”)
(b) SWAG Gift Bag selected and compiled by the Sponsor in its sole discretion
(c) Visa Gift Card valuing between $25-250
(d) Starbucks Gift Card valuing between $10-25
(e) Amazon Gift Card valuing between $10-100
(f) Shell Gasoline Gift Card valuing between $25-50
(g) Netflix Gift Card valuing between $15-30
(h) Fandango Gift Card valuing between $25-50
All federal, state, and local taxes, and all other costs associated with acceptance or use of a Prize are the sole responsibility of the Winner.
7. Prize delivery and conditions: The Prize will be delivered with complimentary shipping within 30 days after Sponsor verifies a Winner’s eligibility to enter and to win this Sweepstakes. The actual retail value of the Prize may differ from the ARV at the time of Prize award, and a Winner is not entitled to any difference between the actual value of the Prize and the ARV. If the Prize cannot be awarded for any reason, Sponsor reserves the right to substitute a prize of equal or greater value. A Winner may waive their right to receive a Prize. A Prize is non-transferrable, non-exchangeable, and non-refundable, has no cash value, and must be accepted by the Winner as awarded. No substitution of a Prize is offered, no transfer of Prize to a third party is permitted, and non-cash portions of a Prize may not be redeemed for cash value. Any portion of a Prize not accepted by Winners will be forfeited. Each Winner’s first name, last initial, city and state will be disclosed on Winner’s List that will be distributed upon request and as required by law.
8. Conditions, Disclaimers, and License: By entering the Sweepstakes, each Entrant agrees that: (a) he or she will abide by and be bound by these Official Rules; (b) the Entry will not be acknowledged; (c) neither Facebook, Twitter, Instagram, Pinterest nor Sponsor or any of its affiliated companies or the advertising and promotional agencies affiliated with Sponsor or those affiliated companies, nor any of their officers, directors, employees, agents or representatives (collectively, Sponsor’s “Affiliates”) are responsible for claims, injuries, death, losses or damages of any kind resulting from participation or inability to participate in the Sweepstakes, or the awarding, acceptance, use, misuse, possession, loss or misdirection of a Prize; (d) Sponsor is not responsible for any inability of a Winner to accept the Prize for any reason; and (e) by entering the Sweepstakes, all Entrants further agree that Sponsor has the sole right to decide all matters relating to the Sweepstakes, including fact, interpretation, eligibility, procedure, fulfillment, and disputes from the Sweepstakes. Neither Sponsor nor its Affiliates are responsible for (i) any typographical or other errors in the printing of the promotion materials or the offering or announcement of the Prizes, (ii) any error, omission, interruption, defect or delay in operation or transmission at any website, (iii) failure of any Entry to be received by Sponsor due to technical problems, human error or traffic congestion on the Internet or at any website, (iv) communications line, hardware and/or software failures, or (v) damage to any computer (software or hardware) resulting from participation in the Sweepstakes.
Entries are void if inaccurate, incomplete, tampered with, misdirected, late, irregular in any way, or otherwise not in compliance with these Official Rules. Although Sponsor attempts to ensure the integrity of the Sweepstakes, neither Sponsor nor its Affiliates are responsible for the actions of Entrants or other individuals in connection with the Sweepstakes, including attempts by Entrants or other individuals to circumvent these Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Sweepstakes. If, for any reason, the Sweepstakes is not capable of running as planned by reason of damage by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical limitations or failures, strikes, industry conditions, bankruptcy or liquidation, marketplace demands, applicable law, unforeseen obstacles, or any other causes which, in the sole opinion of Sponsor, could corrupt, compromise, undermine, or otherwise affect the administration, security, fairness, integrity, viability, or proper conduct of the Sweepstakes, Sponsor reserves the right in its sole and absolute discretion to modify these Official Rules, and/or to cancel, terminate, modify or suspend all or any part of the Sweepstakes, and in the event of cancellation or termination, to select Winners from among all eligible non-suspect Entries received up to the time of such cancellation, termination, modification, or suspension, as applicable. If the Sweepstakes is terminated by Sponsor as set forth above, Sponsor will post notice of such termination at www.danpostcares.com and on the Sponsor’s website, available at www.danpostboots.com. Inclusion in such drawing will be each Entrant’s sole and exclusive remedy under such circumstances. Proof of submitting an Entry will not be deemed receipt of such Entry by Sponsor.
9. Release and Indemnification: BY ENTERING THE SWEEPSTAKES, ENTRANTS RELEASE AND HOLD THE SPONSOR, ITS AFFILIATES, FACEBOOK, TWITTER AND INSTAGRAM HARMLESS FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, RIGHT, CLAIMS, AND ACTIONS OF ANY KIND ARISING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM THE SWEEPSTAKES OR PARTICIPATION IN ANY SWEEPSTAKES-RELATED ACTIVITY, INCLUDING WITHOUT LIMITATION, ACCESS TO ANY MATERIALS, OR RESULTING DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, USE OR MISUSE OF ANY PRIZE AWARDED IN CONNECTION WITH THE SWEEPSTAKES, INCLUDING WITHOUT LIMITATION, PERSONAL INJURY, DEATH, AND/OR PROPERTY DAMAGE, AS WELL AS CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, AND/OR INVASION OF PRIVACY.
(a) Applicable Law: This Sweepstakes, and any disputes that may arise hereunder, shall be governed in all respects by the laws of the state of Tennessee without regard to the conflicts of laws principles of any jurisdiction. As a condition of participating in this Sweepstakes, each Entrant agrees that any and all disputes that cannot be resolved between the parties, and causes of action arising out of or connected with this Sweepstakes, shall be resolved individually, without resort to any form of class action, exclusively before a court located in Clarksville, Tennessee. Further, in any such dispute, under no circumstances will an Entrant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental, or consequential damages, including reasonable attorneys' fees, other than the Entrant’s actual out-of-pocket expenses (i.e., costs associated with entering this Sweepstakes), and Entrant further waives all rights to have damages multiplied or increased.
(c) Publicity Release: Except where prohibited, by accepting a Prize, a Winner grants permission for Sponsor and its agents to use his/her name, voice and/or likeness, for advertising, merchandising, promotion and/or publicity purposes in any and all media now known or hereinafter invented without territorial or time limitations and without additional compensation.
11. Official Rules: The Official Rules will be posted at www.danpostcares.com/contestrules throughout the Entry Period. By entering and participating in the Sweepstakes, each Entrant represents and warrants that all information provided by Entrant in connection with the Sweepstakes is true, accurate and complete, and each Entrant fully and unconditionally agrees to and accepts these Official Rules and decisions of the Sponsor, which are final and binding in all matters relating to the Sweepstakes. The Sweepstakes will be run in accordance with the Official Rules, subject to amendment by Sponsor. Each Entrant must comply with the Official Rules and will be deemed to have received and understood the Official Rules by participating in the Sweepstakes. The terms of the Sweepstakes, as set out in the Official Rules, are not subject to amendment or counteroffer, except as set out herein. If any provisions of the Official Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect. Sponsor’s failure to enforce any term of the Official Rules will not constitute a waiver of that provision.
12. Winners List: To obtain a copy of winner's names or a copy of these Official Rules, mail your request along with a stamped, self-addressed envelope to: Dan Post Boot Company, Attn: Dan Post Boot Company SWAG and Gift Card Giveaways Winners List, 1751 Alpine Drive, Clarksville, Tennessee 37040. Requests must be received no later than August 1st 2017.
13. Sponsor: The Sponsor of the Sweepstakes is Dan Post Boot Company, 1751 Alpine Drive, Clarksville, Tennessee 37040.
14. Social Media Disclaimer: This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Facebook, Twitter, Instagram, or Pinterest.