Pond King Photo Contest
NO PURCHASE NECESSARY TO ENTER OR WIN. INTERNET ACCESS IS REQUIRED TO ENTER. VOID IN QUEBEC AND WHERE PROHIBITED OR RESTRICTED BY LAW.
ELIGIBILITY: The Pond King UGC (“User-generated Content) Photo Contest (“Promotion”) is offered in and open only to legal residents of the 50 United States & D.C., (defined herein as “U.S.”) who are 16 years of age or older. Employees, officers and directors of Pond King (“Sponsor”), and those individuals and entities involved in the execution, preparation of materials and/or administration of this Promotion (collectively referred to herein as the “Promotion Entities”), and their immediate family members (spouse, siblings, children and parents including foster and step-relations) and those living in the same household as such individuals (whether or not related) are not eligible to enter.
PROMOTION PERIOD: The Promotion begins on or about 9:00 am Central Time (“CT”) on or about Monday, July 20, 2020, and ends 12amCT on September 1, 2020 (“Promotion Period”). All time referenced herein is Central Time. Sponsor’s server’s time-keeping device shall be the official time keeping device for the Promotion. PARTICIPANTS ARE SOLELY RESPONSIBLE FOR DETERMINING THE CORRESPONDING TIME ZONE IN THEIR RESPECTIVE JURISDICTIONS; PROMOTION ENTITIES DISCLAIM ALL LIABILITY AND RESPONSIBILITY RELATING THERETO.
HOW TO ENTER: During the Promotion Period, go to the “Website page”), follow the steps outlined on the page, register by providing all required contact information and submit (“Entry”). Limit one (1) Entry per person during the entire Promotion Period. Failure to follow all steps will void Entry.
ENTRY SPECIFICS: Entries must be complete, compliant, submitted via the method and online platform communicated, and received by Sponsor within the Promotion Period. Incomplete, invalid, unsuitable, or otherwise non-compliant Entries (as determined in Sponsor’s sole and absolute discretion) will not be eligible. Entries become the property of Sponsor and will not be returned. Entries submitted via any other entry method than stated herein will not be accepted. Entries may only be submitted by a single registered account user; group or commercial submissions are not permissible. Multiple entrants are not permitted to share the same device, account, IP or email address. Entrants may not (whether apparent or suspected) enter through a sweepstakes club or exchange sites (or similar method), with multiple or false identities, accounts, or devices, or use multiple email and/or street addresses, or use any other device or artifice to enter. Engaging directly or indirectly in any (apparent or suspected) artifice, cheating, fraud, spamming, phishing, on-line sweepstakes clubs (or similar methods), exchange sites, robotic, automatic, macro, programmed or like participation methods as determined in Sponsor’s sole and absolute discretion, will void all such Entries, and disqualify any entrant suspected of using/benefiting directly or indirectly from such methods. If an Entry, for any reason whatsoever, garners comments that are unpleasant, distasteful, nasty or otherwise inappropriate for the Sponsor community, Sponsor reserves the right to disqualify Entry/entrant and remove any such Entry. Promotion Entities assume no responsibility for lost, late, incomplete, inaccurate, delayed, destroyed, damaged, illegible, or misdirected Entries (in whole or in part), and/or non-compliance. In the event of a dispute as to the identity of an online entrant, the authorized account holder of the email address used in connection with the Entry will be deemed to be the entrant. Potential winner(s) may be required to show proof of being the authorized account holder. The “authorized account holder” is the natural person assigned to an email address by an Internet service provider, online service provider, or other organization responsible for assigning email addresses for the domain associated with the submitted email address.
Promotion Entities assume no responsibility for any equipment, computer, telephone, device, network, app, electronic, hardware or software malfunctions, failures, connections, or availability, or garbled, corrupt, or jumbled transmissions; nor service provider, Internet, Web site, user accessibility or availability, incompatibility, traffic congestion, unauthorized human intervention or any human error, or the incorrect or inaccurate capture of Entry, or other information, nor for the failure to capture or display any such information.
By entering, entrants understand and agree that submitted eligible Entries may be subject to public viewing, streaming (i.e. “digital transmission”), downloading (i.e. “digital distribution”), and public comments, including but not limited to being forwarded, re-grammed, re-tweeted, and otherwise posted, for commercial and non-commercial purposes, throughout Sponsor’s and third parties’ digital and off-line social media, marketing and advertising properties. Normal internet access and device usage charges imposed by your mobile plan and/or on-line service may apply to entry via mobile device. For those entrants entering with a mobile device: Promotion may not be available via all mobile carriers. Messaging & data rates apply to internet access via mobile devices. Other charges may apply; check your mobile plan for rates/details.
LICENSE GRANT: At the time you submit an Entry, and whether or not selected as the winner, by entering this Promotion and providing Sponsor with the Entry and all user generated content therein (“UGC”), you grant Sponsor (its affiliates, related entities and authorized third-parties) a worldwide, royalty-free, perpetual, irrevocable, exclusive right and fully sub-licensable license to use, copy, reproduce, distribute, publish, publicly perform, publicly display, modify, adapt, translate, archive, store, and create derivative works from such Entry/UGC and any element thereof, in any media, form, format, or medium, of any kind now known or later developed for any purpose whatsoever, including but not limited to, marketing, advertising, and other commercial and non-commercial purposes using or incorporating such Entry/UGC information, and for any other purposes and/or uses whatsoever. You waive any moral rights you might have with respect to the Entry/UGC you provide to us. You also grant us the right to use any material, information, ideas, concepts, know-how or techniques contained in any communication or entry you provide or otherwise submit to us. All rights in this paragraph are granted without the need for review or additional compensation of any sort to you. You further agree to execute all documents and perform all acts deemed necessary by Sponsor to protect Sponsor’s rights. You understand and agree by granting this license your Entry/UGC may be modified, edited, distorted, used in whole or in part, alone or in combination with other works, used in illusory or composite form, or in any other manner, as solely determined by Sponsor. You will not now nor in the future be paid for your Entry/UGC or for granting Sponsor any of these rights. The consideration for the rights granted to Sponsor herein is your opportunity to participate in the Promotion.
REQUIREMENTS FOR ENTRY: Incomplete, non-compliant or otherwise ineligible Entries, or any element thereof, will disqualify an Entry. Proof that you uploaded an Entry does not constitute proof or evidence that it was received within the Promotion Period or eligible for the Promotion, or any element thereof. Sponsor reserves the absolute right to disqualify and/or immediately remove any Entries and/or entrants in whole or in part for any reason within its sole and absolute discretion. Without limitation, Entries will be disqualified if Sponsor considers for any reason an Entry, or any element thereof, not to be in the spirit of the Promotion, ineligible or otherwise not compliant herewith, or will have a detrimental impact on Sponsor, this Promotion, any of Sponsor’s brands, products or services.
By submitting an Entry, entrants represent, warrant and covenant (and agree to release and indemnify Sponsor from same) that their Entry submitted and all content therein: (i) is the original creation of the entrant and has not been copied in whole or in part from any other work, and is the sole and exclusive property of the entrant (or entrant has all ownership or licensed rights thereto and in any and all content); (ii) does not contain, depict, condone, encourage or promote the use of a crossbow in a cruel, illegal, dangerous, harmful, or unsafe manner, nor contain, depict, condone, encourage or promote content that is (or is construed by Sponsor as being) obscene, reprehensible, repugnant, offensive, sexually inappropriate, overtly political or religious, discriminatory, defamatory, highly sensitive, harmful, dangerous, unsafe, illegal, violent, explicit, cruel, hateful, or otherwise unsuitable, as determined solely by Sponsor (in its sole and absolute discretion); (iii) does not violate or infringe any laws including but not limited to copyright or trademark laws, or other proprietary, publicity, privacy or any other rights of any person, entity, or venue; (iv) does not refer to or contain in any respect information about an individual under the age of 18 without the express permission of the minor’s parent or adult legal guardian; and (v) owners of any depicted venues, or any individuals mentioned, featured in, or who have worked on the Entry, in whole or in part, in any manner have given entrant their express written consent to submission to this Promotion and the use contemplated. If requested by Sponsor, entrant shall provide evidence of the above in writing. Nothing herein shall be deemed an obligation of confidentiality.
DRAWING/WINNER SELECTION: Three (3) potential Prize winner(s) will be selected in a random drawing conducted at Pond King., 5924 US-82, Gainesville, TX 76240 at approximately 12pm Central Time by Sponsor (or its authorized representative) on or about September 2, 2020 following the end of the Promotion Period from among all eligible entries received during the Promotion. Sponsor or its authorized designee will notify the potential winner(s) via email and/or phone (in Sponsor’s sole discretion) with instructions on how to submit his/her name, email and/or physical address, phone number and any other required information in order for Sponsor to verify eligibility and deliver the prize. Potential winner must follow all instructions and may be required to sign, have notarized and return an Affidavit of Eligibility and Liability/Publicity Release (except where prohibited) and any other requested documents (“Release Documents”) within the time specified by Sponsor, or prize will be forfeited in its entirety and awarded to (an) alternate winner(s).
Promotion Entities are not responsible for any undelivered telephone calls, messages, e-mails, or any other communications, including but not limited to those that are not received because of any app or platforms’ or entrant’s privacy or spam filter settings that may divert any winner notification or other Promotion related communications to a spam or junk folder. Prize award is subject to verification of eligibility and compliance with these Official Rules.
PRIZE(S)/ODDS. Grand Prize (1): ONE (1) Pond King Ultimate Bass Fishing Kit & Honey Hole Log (“ARV”): US$299.00). 2nd place prize: ONE (1) Pond King Complete Bass Fishing Kit & Honey Hole Log (“ARV”): US$199.00). 3rd place prize: ONE (1) Pond King Panfish Crappie Fishing Kit & Honey Hole Log (“ARV”): US$79.00). Pond King Limit one (1) prize per person, during the entire Promotion Period. Odds of winning depend on the number of eligible Entries received.
All federal, state and local taxes on a prize are the sole responsibility of a U.S. winner. Any difference in ARV and actual value will not be awarded in cash or otherwise. No transfer, assignment or substitution of a prize (in whole or in part) is allowed, except Sponsor reserves the right to substitute a prize of equal or greater value. Prize is not redeemable for cash or otherwise. All costs, fees and expenses not expressly stated as being included herein are the sole responsibility of a winner.
In the event of noncompliance, if an entrant becomes noncompliant or ineligible during or after the Promotion Period, or a potential winner fails to respond within the time specified, or cannot be reached within two (2) separate attempts using the contact method selected by Sponsor (in Sponsor’s discretion), that prize will be forfeited and an alternate potential winner will be selected at random for the applicable prize/level. A winner later found ineligible or non-compliant will be immediately required to return and forfeit any prize awarded. After two (2) unsuccessful attempts to verify an alternate winner for the prize, the prize will remain un-awarded. Prize or prize notifications that are un-awarded, unclaimed, returned, unresponsive, untimely, or otherwise undeliverable will be forfeited and will not be re-awarded. There will not be a second-chance drawing. Any prize pictured in advertising or promotional materials is for illustrative purposes only and may not be the actual prize or have the same elements or features as the prize awarded. Except for any standard manufacturer’s warranty PRIZES ARE AWARDED “AS IS” WITHOUT WARRANTIES, EXPRESSED OR IMPLIED, AS TO THEIR QUALITY OR CONDITION AND PROMOTION ENTITIES EXPRESSLY DISCLAIM ANY WARRANTY OF MERCHANTABILITY, SUITABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Prize awards are subject to verification of eligibility and compliance with these Official Rules. Sponsor reserves the right, but without any obligation whatsoever, to conduct a voluntary background check on a potential winner, and such individual agrees to cooperate, to confirm eligibility and to help ensure that awarding a prize to any such individual will not bring the Promotion Entities into public disrepute, contempt, scandal or ridicule or reflect unfavorably on the Promotion, the Sponsor, prize suppliers, or their respective brands, goods or services, as determined by Sponsor in its absolute discretion.
GENERAL RELEASE: Failure to timely return or properly complete Release Documents, or if potential winner is or becomes ineligible or does not comply with these Official Rules, prize forfeiture will result and (an) alternate potential winner(s) will be selected. BY PARTICIPATING, ENTRANTS AGREE TO RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS TO THE FULLEST EXTENT PERMITTED BY LAW THE SPONSOR, ITS PARENT, AFFILIATES AND SUBSIDIARY COMPANIES, ADVERTISING AND PROMOTION AGENCIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, INDEPENDENT CONTRACTORS, REPRESENTATIVES AND AGENTS (“RELEASED PARTIES”) FROM AND AGAINST ANY AND ALL ALLEGED AND/OR ACTUAL CLAIMS, ACTIONS, DEMANDS, LOSSES, SETTLEMENTS (WHETHER OR NOT LITIGATION IS COMMENCED), LIABILITIES AND DAMAGES OF ANY KIND WHATSOEVER EXISTING NOW OR ARISING IN THE FUTURE (INCLUDING, WITHOUT LIMITATION, BODILY INJURY, PERSONAL INJURY, DEATH, DISABILITY AND PROPERTY DAMAGE OR LOSS), COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES, COURT COSTS, SETTLEMENT AND DISBURSEMENTS) DIRECTLY OR INDIRECTLY ARISING IN WHOLE OR IN PART FROM THE USE OF THE ENTRY IN WHOLE OR IN PART, THE DELIVERY, ACCEPTANCE, POSSESSION, USE OR MISUSE OF A PRIZE, PARTICIPATION IN ANY PRIZE RELATED ACTIVITIES, ACCESS TO THE WEBSITE, AND/OR PARTICIPATION IN THIS PROMOTION OR ANY OTHER ELEMENT THEREOF. To the fullest extent permitted by law, entrants and winner(s) covenant not to sue any Released Party or cause them to be sued regarding any matter released above; and further covenant not to disaffirm, limit or rescind this release. A waiver by one or more of the Promotion Entities of any term in these Official Rules does not constitute a waiver of any other provision. Any invalid, illegal or unenforceable provision shall be deemed severed from these Rules only to the extent of its invalidity, illegality or unenforceability, and these Rules shall be construed and enforced as if they did not contain the stricken provision.
PUBLICITY RELEASE: By entering and/or accepting a prize, entrants and winner(s) hereby consent, where lawful, to the use by Sponsor (and its authorized representatives) of their name, image, likeness, voice, hometown, and/or biographical information (including the right to edit, adapt, crop, and modify such information or use it in illustrative, or composite form, alone or in conjunction with other materials), in any and all media now known or hereafter developed worldwide, including and on cellular networks, the Internet and World Wide Web, without additional compensation, and without the right of review, notification or approval.
LIMITATIONS OF LIABILITY: IN NO EVENT WILL THE RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF THIS PROMOTION OR ANY ELEMENT THEREOF, PARTICIPATION IN ANY PROMOTION ACTIVITIES, PARTICIPATION IN PRIZE RELATED ACTIVITIES OR ANY ELEMENT THEREOF, THE USE/MISUSE OF A PRIZE BY ANYONE, AND/OR DAMAGES ARISING OUT OF ANY PARTICIPANT’S ACCESS TO AND USE OF (OR FAILURE TO ACCESS OR USE) THE PROMOTIONAL WEBSITES, OR THE DOWNLOADING FROM AND/OR PRINTING OF MATERIAL DOWNLOADED FROM THE WEBSITE.
If, for any reason, this Promotion or any element thereof is not capable of running as planned by reason of, but not limited to, infection by computer virus, worms, bugs, tampering, unauthorized intervention, artifice, cheating or fraud, equipment, software, hardware, network or technical failures, or any other causes which Sponsor deems, in its sole opinion, could corrupt or affect the administration, security, fairness, integrity or proper conduct of this Promotion or any element thereof, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Promotion or any element thereof and select the winner(s) for the applicable prize/prize level from eligible, non-suspect entries received prior to the action, or as otherwise may be deemed fair and equitable by Sponsor. Sponsor is not responsible for user cheating or fraud by any entrants. Any activities intended to disrupt or interfere with the proper play of the Promotion or defraud Sponsor in any way will be prosecuted to the fullest extent of the law. Participants who engage in any of the foregoing activities will be disqualified and will forfeit any prize won.
In the event that technological, programming, printing, erroneous communications, human or other error causes more than the stated number of winners/prizes as indicated in these Official Rules, to be communicated, sent as notifications, distributed, announced, claimed or received for any prize, Sponsor reserves the right, at its sole discretion, to award only the stated number and description of prizes pursuant to a random drawing among all eligible non-suspect claimants or as otherwise deemed fair and equitable by Sponsor. In the event of any discrepancy, ambiguity, inconsistency, printing or any other error or miscommunication in an app, any emails, announcements, advertising, brochures, Promotion materials and/or any other communications or information relating to this Promotion or any element thereof, these Official Rules (English version, if applicable) shall govern.
FORCE MAJEURE: Promotion Entities shall not be liable to winner or any other person or entity for failure to execute this Promotion or any element thereof, or supply a prize or any part thereof, by reason of any act of God, any action(s), regulation(s) order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, terrorist acts, cyber-attacks, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, 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, cancellation or delay of an event, or any similar or dissimilar event beyond their reasonable control.
CHOICE OF LAW/ARBITRATION: THIS CONTEST IS GOVERNED BY THE LAWS OF THE UNITED STATES AND THE STATE OF TEXAS WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Promotion, except where prohibited by law, entrants agree that any and all disputes that cannot be resolved between the parties and causes of action arising out of or connected with this Promotion shall be resolved individually, without resort to any form of class action, exclusively before a neutral one person arbitration panel located in Dallas, TX having jurisdiction.
WINNER’S LIST: For winner’s name, contact Sponsor by emailing email@example.com with the subject line: Pond King Photo Contest Winner by September 2, 2020. Limit one (1) request per person, or per household.
SPONSOR: Pond King 5924 US-82, Gainesville, TX 76240