Terms and Conditions
THE SPRINGFIELD ARMORY® 2015 DUEL 3 PROMOTION OFFICIAL RULES
Participation in the Springfield Armory® 2015 Duel 3 Promotion ("Promotion") constitutes full and unconditional agreement to these Official Rules ("Rules"). The Promotion begins at 12:00:00 a.m. Central Daylight Time ("CDT") on September 1, 2015 ("Promotion Start Date") and ends at 11:59:59 p.m. CDT on September 30, 2015. ("Promotion Period"). The Promotion is sponsored by Springfield, Inc., d/b/a Springfield Armory, an Illinois corporation ("Sponsor"). Several companies have donated prizes to the Promotion ("Prize Provider"). A list of the Prize Providers and Prizes are described in Exhibit A.
NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. ALL FEDERAL, STATE, LOCAL, AND MUNICIPAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED.
By entering this Promotion, you agree to be bound by the decisions of Sponsor, which are final and binding, in all respects and waive any right to claim ambiguity in the Promotion or these Rules. Failure to comply with these Rules will result in disqualification from the Promotion and forfeiture of any prizes. Any person attempting to defraud or in any way tamper with the Promotion mechanics and/or implementation will be prosecuted to the fullest extent of the law.
WHO IS ELIGIBLE
The Promotion is open to all legal residents of the United States and District of Columbia who are 21 years of age or older as of the Promotion Start Date. Employees, directors, officers and agents of Sponsor (and their immediate families and members of the same household), Prize Providers and their respective affiliates, subsidiaries, divisions, distributors, advertising or promotion agencies are not eligible to participate in the Promotion.
HOW TO ENTER
You may enter the Promotion by visiting Sponsor's website at http://www.duel.springfield-armory.com ("Sponsor Site") and completing the online registration form ("Entry Form") during the Promotion Period. The Entry Form requires your first name, last name, date of birth, complete mailing address (no P.O. boxes), city, state, zip code, daytime telephone number and email address. When completing the Entry Form, please provide an email address subscribed and registered in your name. If there is a dispute regarding an Entry Form submitted by multiple individuals using the same email account, the email address owner will be deemed to be the person who is assigned the email address by the applicable Internet access provider, online service provider, or other organization which is responsible for assigning email addresses or the domain associated with the submitted email address. You may not use an email address belonging to a third party. You must also select a username and password.
All Entry Forms must be received by Sponsor during the Promotion Period. All Entry Forms become the property of Sponsor and will not be returned or acknowledged. Entry Forms received by Sponsor before the start of the Promotion Period or after the end of the Promotion Period will be discarded and deemed VOID. An Entry Form is "received" when the Sponsor Site's servers record the Entry Form information. Proof of submitting an Entry Form (such as an automated computer receipt confirming receipt of the Entry Form or "thanks for entering" screen or message) will not constitute proof of actual receipt by Sponsor of an Entry Form for this Promotion. Sponsor's computer is the official time-keeping device for entering into the Promotion. Entry Forms that are forged, altered, garbled, or generated by a macro, bot, or other automated means will not be accepted and will be VOID. Failure to follow all of the instructions, provide the required information in the Entry Form, or abide by these Rules or other instructions of Sponsor will result in DISQUALIFICATION.
HOW TO VOTE (AFTER YOU REGISTER)
Each week during the Promotion Period, Sponsor will feature two (2) Springfield firearm models on the Sponsor Site. You participate in the Promotion by voting for your favorite Springfield firearm model featured when you vote. Once you have entered the Promotion and properly completed the Entry Form, you may vote once every rolling 60 minutes ("Entry") for your favorite firearm, up to a maximum of 24 Entries per day ("Daily Maximum"). The more you vote (subject to the Daily Maximum), the more opportunities you have to win a prize.
You may win a daily prize, a weekly prize and/or the Grand Prize from September 1, 2015 to September 30, 2015 ("Promotion Period"). There will be opportunities to win a daily prize Sunday through Friday or a portion of those days of a week if it is the first or fifth week of the Promotion Period ("Daily Prizes"), 4 opportunities to win a weekly prize ("Weekly Prize"), to be randomly selected on each Saturday during the Promotion Period (September 5, 2015; September 12, 2015; September 19, 2015; and September 26, 2015 and 1 opportunity to win the grand prize ("Grand Prize") on September 30, 2015. For a description of the prizes, see attached Exhibit A.
- To be eligible for a Daily Prize, you must have voted during the day leading up to the drawing for the Daily Prize. All eligible Entries you cast during a day subject to the Daily Maximum will be included in the pool from which the Daily Prizes for that day are randomly selected. (For illustration: if you vote 5 times on a Monday, you will have 5 possible Entries (subject to the Entries being eligible) in all possible Entries for that Monday's Daily Prizes,. but any votes cast on Monday will not be included in the pool from which a Daily Prize is awarded on Tuesday.)
- To be eligible for a Weekly Prize, you must have voted during the week leading up to the drawing for the Weekly Prize. All eligible Entries (subject to the Daily Maximum) you cast during a week will be included in the pool from which the Weekly Prizes for that week are randomly selected. (For illustration: if you vote 20 times during a Week, you will have 20 possible Entries (subject to the Entries being eligible) for that Weekly Prize. Any Entries submitted during one week will not entitle you to a Weekly Prize awarded at the end of any other week.).
- To be eligible for the Grand Prize you must have submitted an eligible Entry at any time during the Promotion Period. All eligible Entries that you submit during the Promotion Period will be included in the pool from which the Grand Prize winner is randomly selected. (For illustration: if you vote 5 times during one week and 20 times during another week, and no times during the other weeks of the Promotion Period, you will have 25 possible Entries (subject to the Daily Maximum and the Entries being eligible) in all possible Entries for the Grand Prize.)
The username and password that you select during completion of the online Entry Form will be your unique marker for collecting and recording the number of Entries you submit to the Promotion. Sponsor determines the eligibility of Entries and all decisions regarding Entry eligibility are at Sponsor's sole discretion.
The odds of winning a prize are dependent upon the number of eligible Entries received by Sponsor.
WINNER SELECTION AND NOTIFICATION
Sponsor will randomly select winners from the pool of all eligible Entries received by Sponsor 12:00:00 am CDT as follows:
- Winners of Daily Prizes will be selected daily, Sunday - Friday of each week of the Promotion Period until September 29, 2015 except for the following weeks consisting of: (a) the first week commencing on Tuesday, September 1, 2015 and ending on Friday, September 4, 2015; and (b) the last week commencing on Monday, September 28, 2015 and ending on Tuesday, September 29, 2015.
- One winner of a Weekly Prize will be selected on, respectively, September 5, 2015; September 12, 2015; September 19, 2015; and September 26, 2015.
- One winner of the Grand Prize will be selected on September 30, 2015. The approximate value of the Grand Prize is $6,100. The Grand Prize consists of travel to Sponsor's facility for the purpose of creating a custom firearm. See Exhibit A for more details. Certain restrictions apply.. The winner of the Grand Prize will be solely and legally required to declare and pay tax on income of $6,100. Any costs or expenses exceeding $6,100 are the Grand Prize winner's responsibility. There is no refund value for unused amenities on the trip and no cash value is due if the trip is cancelled or the Grand Prize winner is a no show. The Grand Prize winner is responsible for making his/her own travel arrangements for the trip. The dates for traveling to Sponsor's facility are subject to availability.
Each winner, whether daily, weekly or grand prize, is responsible for the reporting and payment of all applicable federal, state and local taxes (including sales and income taxes) associated with the winner's prize and will and hereby does hold Sponsor and Prize Providers harmless from liability for failure to timely report and/or pay such taxes. An IRS form 1099 will be issued to winners receiving a prize with an average retail value ("ARV") in excess of $600 for the full value of the prize.
PROMO CODES TERMS AND CONDITIONS
Sponsor and/or a Prize Provider may offer promotional codes to entrants which would entitle the bearer to a discount off of merchandise purchased at Sponsor's or a Prize Provider's store ("Promo Codes"). You do not own any right, title, or interest in any Promo Code unless or until it is redeemed. You hereby acknowledge that you have not paid any consideration, value or money in exchange for a Promo Code. Promo Codes are redeemable prior to the expiration date towards the purchase of goods offered by Sponsor or a Prize Provider, as applicable. Limited to one Promo Code per transaction. Promo Codes may not be combined with any other coupon or promotional offer. Promo Codes are not redeemable for cash.
Returned Merchandise. If any merchandise is purchased with a Promo Code and subsequently returned, you will forfeit your rights to the Promo Code and the value of your purchase less the Promo Code will be credited back to you.
Prizes are awarded "AS IS." Sponsor and Prize Providers do not offer, and specifically disclaim, any warranty or guarantee, either expressed or implied (including, without limitation, quality, merchantability and fitness for a particular purpose) in connection with this Promotion or any prize. Prize details and availability are subject to change, in which case a prize of equal value may be substituted at Sponsor's sole discretion. Prizes consist only of the items listed, are non-transferable, with no cash redemption or substitution except at Sponsor's sole discretion. If, by reason of printing or other error, more prizes are claimed than the number of prizes set forth in these Rules, a random drawing will be held to award the advertised number of prizes in the relevant category. The ARV of any prize listed in Exhibit A below is subject to price fluctuations in the consumer marketplace based on, among other things, any gap in time between the date the ARV is estimated for purposes of these Rules, and the date the prize is awarded or redeemed. If the actual retail or wholesale purchase price of a prize is less than the ARV stated herein, the prize winner will NOT be entitled to a check, cash, or other form of payment for the price difference.
Sponsor will not replace any lost, mutilated, or stolen prizes. Sponsor is not responsible for any inability of any winner to accept or use any prize (or portion thereof) for any reason. Sponsor reserves the right to substitute the stated prize or portion thereof with another prize or portion thereof of equal or lesser value for any reason, including, without limitation, prize unavailability. No prize of more value than the stated prize will be awarded.
Each winner is responsible for the reporting and payment of all applicable federal, state and local taxes (including sales and income taxes) associated with the winner's prize and will and hereby does hold Sponsor and Prize Providers harmless from liability for failure to timely report and/or pay such taxes. An IRS form 1099 will be issued to winners receiving a prize with ARV in excess of $600 for the full value of the prize. Sponsor shall have no responsibility or obligation to a winner or potential winner who is unable to accept or utilize a Daily Prize, Weekly Prize or the Grand Prize as described herein. In the case of a winner's forfeiture of a prize due to the winner not wanting to bear the cost of the taxes associated with winning a prize, Sponsor may either provide the winner with a different prize of nominal value or select another winner according to these Rules.
CONDITIONS TO RECEIVE PRIZES
Each prize will be delivered by Sponsor or the Prize Provider no later than thirty (30) days after such winner has completed all necessary conditions to receive the prize. Potential winners will be notified via the email address listed on his/her Entry Form. Sponsor will make three (3) attempts over a five (5) business day period to contact a winner ("Winner Notification Period"). If a potential winner fails to respond to Sponsor during the Winner Notification Period, Sponsor may, in its sole discretion, select another winner. In order to be declared an official winner, you will be required to provide proof of age and verification of identity.
Completion of Affidavit for Prizes in excess of $600. Any winner of a prize with a ARV in excess of $600 will be required to fill out, sign, and return an accurate Affidavit of Eligibility and Publicity/Liability Release ("Affidavit of Eligibility") (except where prohibited by law) within thirty (30) days of notification ("Prize Claim Expiration Date") in order to claim the prize. The winner's Affidavit of Eligibility must be complete and include the winner's Social Security Number or Taxpayer Identification Number. The winner's Social Security Number or Taxpayer Identification Number will be used solely to verify eligibility and for tax reporting purposes. After receipt of the Affidavit of Eligibility, Sponsor will confirm that you are a winner and provide additional information on receiving your prize. If a winner fails to complete, sign and return the Affidavit of Eligibility before 5:00 pm CDT on the Prize Claim Expiration Date, the winner will forfeit the prize and an alternate winner will be selected in accordance with these Rules.
Personal Consent and Release. By participating in this Promotion, except where prohibited by law, each winner grants Sponsor and its affiliated companies the right to use the winner's name, likeness, picture, voice, and written or oral statements for advertising and promotional purposes worldwide and in any media including but not limited to the worldwide web without additional compensation or further notification, permission, or consideration. Nothing contained herein shall be deemed to obligate Sponsor to make use of any of the rights granted herein, and each winner waives any right to inspect or approve any such use of any and every nature and kind.
For All Firearm Prizes. There are laws and regulations that govern the transfer of firearms, which must be complied with by every winner of a firearm in the Promotion. Sponsor reserves the right, in its sole discretion, to void your Entry Form if you are ineligible to purchase a firearm in your state or locale. In the event of noncompliance with these requirements, the prize may be forfeited. Sponsor will provide each winner of a firearm prize with the names and addresses of federal firearm licensed dealers in the area of the winner's place of residence. Any winner of a firearm will be required to:
(1) select one of the dealers from the list provided by Sponsor to which the winner would like the prize shipped;
(2) notify Sponsor of the identity of the selected dealer by email at firstname.lastname@example.org; AND
(3) visit the selected dealer and complete an Alcohol Tobacco and Firearms Form #4473 and pass a National Instant Criminal Check Systems background check.
A $35.00 PREPAID CARD WILL BE PROVIDED TO THE WINNER TO COVER THE FEES, IF ANY, CHARGED BY THE FIREARMS DEALER TO PROCESS THE FORM AND BACKGROUND CHECK DESCRIBED IN SUBSECTION (3) ABOVE. ANY FEES GREATER THAN $35.00 WILL BE BORNE BY THE WINNER.
If the winner satisfies the conditions in these Rules, and all applicable laws permit the transfer and delivery of the firearm prize under the circumstances, Sponsor will ship the firearm prize to the federal firearms licensee in the U.S. selected by the winner. The winner must retrieve and take possession of the firearm prize from the federal firearm licensee that was selected by the winner. Sponsor is not responsible and winner is solely responsible for the costs incurred to travel to pick up the firearm prize.
If a winner of a firearms prize (a) is unable to complete the firearm transfer because the firearm is not legally available for transfer or sale in his or her state or locale; or (b) is unable to complete the firearm transfer due to a failure of the required background check or other failure to meet the requirements of the federal firearms licensee or the law, the winner will be disqualified. In such event, Sponsor reserves the right, at its sole discretion, to substitute a prize that is of equal or lesser value. Any substitute prize, IF A FIREARM, must be legally available for sale in the winner's state or locale. Any and all firearms transfers must be in compliance with all federal, state, and local laws and regulations and will be subject to the requirements, policies, and procedures of the chosen federal firearms licensee for delivery.
For All Non-Firearm Prizes. If a winner wins any prize other than a firearm, and if all other requirements of these Rules have been satisfied in Sponsor's sole discretion, the prize will be shipped to the winner's address entered in the Entry Form, which must be a U.S. address.
LIMITATION OF LIABILITY
You will release, hold harmless and indemnify Sponsor, Prize Providers, their respective divisions, subsidiaries, affiliates, prize providers, advertising, promotion and public relations agencies, and the respective officers, directors, members, managers, employees, representatives and agents of each (collectively, with Sponsor, the "Promotion Entities") for any liability whatsoever for injuries or damages of any kind sustained in connection with the use, acceptance, possession, misuse, or awarding of the prize and while preparing for, participating in, and/or traveling to or from any prize- or Promotion-related activity, including, without limitation, any injury, damage, death, loss, or accident to person or property.
YOU UNDERSTAND AND AGREE THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY OF THE UNITED STATES ARE HEREBY EXPRESSLY WAIVED BY YOU. SECTION 1542 READS AS FOLLOWS:
"CERTAIN CLAIMS NOT AFFECTED BY A GENERAL RELEASE. 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."
INTERNET LIMITATIONS OF LIABILITY
Sponsor reserves the right in its sole discretion, to disqualify any individual who tampers or attempts to tamper with the entry process, or Sponsor's Site or Sponsor's ability to conduct and conclude the Promotion in accordance with the Rules, and to cancel, terminate, modify or suspend the Promotion 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. Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of Entries. Sponsor is not responsible for any problems or technical malfunction of any telephone network or telephone lines, computer online systems, servers, or providers, computer equipment, software, failure of any email or entry to be received by Sponsor on account of technical problems, human error or traffic congestion on the Internet or at any website, including Sponsor's Site or any combination thereof, including any injury or damage to your or any other person's computer relating to or resulting from participation in this Promotion or downloading any materials in this Promotion. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, 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. Sponsor is not responsible for electronic communications which are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in your email account to receive email messages. Sponsor is not responsible, and may disqualify you if your email address does not work or if it is changed without prior written notice to Sponsor.
Sponsor's failure to enforce any provision in these Rules will not constitute a waiver of that or any other provision. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any advertisement or other Promotion-related materials and these Rules (including any alleged discrepancy or inconsistency within these Rules), the discrepancy will be resolved in Sponsor's sole discretion. If Sponsor determines at any time in its sole discretion that the winner or potential winner is disqualified, ineligible, or in violation of these Rules, Sponsor reserves the right in its sole discretion to select an alternate winner, even if the disqualified potential winner's name may have been shown or announced on the Sponsor's Site or elsewhere.
LIMITATIONS; RESOLUTION OF DISPUTES/GOVERNING LAW.
Except where prohibited, as a condition of participating in this Promotion, you agree that any and all disputes, claims and causes of action arising out of or connected with this Promotion, the prizes awarded, or the determination of the winners shall be resolved individually, without resort to any form of class action. FURTHER, IN ANY SUCH DISPUTE, UNDER NO CIRCUMSTANCES WILL YOU, AS AN ENTRANT OR WINNER, BE PERMITTED TO OBTAIN AWARDS FOR, AND HEREBY WAIVE ALL RIGHTS TO CLAIM PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES, INCLUDING ATTORNEYS' FEES, OTHER THAN YOUR ACTUAL OUT-OF-POCKET EXPENSES (IF ANY), WHICH SHALL NOT EXCEED TWO THOUSAND DOLLARS ($2,000.00), AND YOU FURTHER WAIVE ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR INCREASED.
This Promotion and these Rules and any dispute arising under or related thereto (whether for breach of contract, tortious conduct or otherwise) will be governed by the laws of the State of Illinois, without reference to its conflicts of law principles. ANY LEGAL ACTIONS, SUITS OR PROCEEDINGS ARISING OUT OF THIS PROMOTION OR THESE RULES (WHETHER FOR BREACH OF CONTRACT, TORTIOUS CONDUCT OR OTHERWISE) WILL BE SUBMITTED TO BINDING ARBITRATION CONDUCTED UNDER THE REGULATIONS AND PROCEDURES OF THE AMERICAN ARBITRATION ASSOCIATION IN THE AREA ENCOMPASSING THE 14TH JUDICIAL DISTRICT IN ILLINOIS. THE DECISION OF THE ARBITRATION PANEL WILL BE FINAL AND BINDING ON BOTH SPONSOR AND YOU AS AN ENTRANT AND/OR WINNER.
RULES BY MAIL
For a copy of the Rules, send a self-addressed stamped envelope to Springfield Duel 3, Springfield Armory, 420 West Main Street, Geneseo, Illinois 61254 by October 1, 2016. Vermont residents may omit postage.
WINNERS LIST REQUESTS
The list of winners will be posted on the Sponsor's Site. To request confirmation of the name of the winners, please send a self-addressed, stamped business size envelope, to Springfield Duel 3, Springfield Armory, 420 West Main Street, Geneseo, Illinois 61254. Vermont residents may omit postage.
By entering and providing the required Entry Form information, you acknowledge that Sponsor may send you advertising, marketing materials and other communications it believes may be of interest to you about its products. You may opt out of receiving future correspondence from Sponsor by emailing Sales@springfield-armory.com.
If you have any questions, please contact customer service at 1-800-680-6866 or Duel@springfield-armory.com.