Progressive Cleveland Boat Show
“Lake Erie Marine Trades Association (LEMTA) and YETI Giveaway” Official Rules
NO PURCHASE OR DONATION NECESSARY TO ENTER OR WIN. A PRODUCT PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.
1. ELIGIBILITY: Progressive “Lake Erie Marine Trades Association and YETI Giveaway” Sweepstakes (referred to as the “Sweepstakes” or “Promotion”). The point of entry into this contest is the YETI for purposes of this offer. Offered in the forty-eight (48) contiguous United States and D.C. (“U.S.”) only to legal U.S. residents age eighteen (18) or older at time of entry who are physically located in the U.S. at time of entry and at time of prize award (eligible “entrant”). Employees, officers and directors of Progressive Casualty Insurance Company, Match Marketing Group and its subsidiaries, LEMTA, YETI for specific Giveaway and those entities and individuals involved in the preparation of materials, administration and/or execution of this Promotion or any element thereof (collectively referred to herein as the “Promotion Entities”) and their immediate family members (spouse, siblings, children and parents including step and foster relations) and those living in the same household as such individuals (whether or not related) are not eligible to enter. Void in AK, HI and where prohibited or restricted by law.
IMPORTANT NOTICE: The prize will be awarded to an individual entrant. It is therefore entrant’s sole responsibility to review and understand applicable laws, and their employer’s policies regarding employee eligibility to participate in sweepstakes and promotions. If an individual is participating in violation of law and/or their employer’s policies, that individual may be disqualified from this Promotion and from receiving prize(s). Progressive Casualty Insurance Company and LEMTA(“Sponsors”) and Match Marketing Group and specific YETI (“Promotors”) disclaim any and all liability or responsibility for disputes arising between an entrant and their employer related to this matter.
AGREEMENT BY ENTRANT: All Entries (as hereinafter defined) and participation in this Promotion shall be governed by these Official Rules. By participating in the Promotion, each entrant fully and unconditionally agrees to be bound to and accepts these Official Rules, the decisions of the Promotion Entities, which are final and binding, and any additional terms and conditions specific to the Promotion communicated by Promotion Entities.
2. PROMOTION PERIOD: Begins on or about 12:00:00 pm Eastern Time (“ET”) on February 22, 2019 and ends 5:59 pm ET on March 3, 2019 (“Promotion Period”). All time referenced in connection with the Promotion is Eastern Time. Sponsor’s server is the official time-keeping device for this Promotion. ENTRANTS ARE SOLELY RESPONSIBLE FOR DETERMINING THE CORRESPONDING TIME ZONE IN THEIR RESPECTIVE JURISDICTIONS; PROMOTION ENTITIES DISCLAIM ALL LIABILITY AND RESPONSIBILITY RELATING THERETO.
3. HOW TO ENTER/DRAWING: There are 2 ways to enter during the Promotion Period:
Drawing/Required Documentation: On or around 7pm each day (1) potential winner, by random draw, from all eligible entries (“Potential Winner”). Potential Winner will be contacted by telephone or email (in Administrators’ absolute sole discretion) and to be eligible, Potential Winner will be required to: (i) execute, have notarized and return within seven (7) days, or as otherwise specified by Promoter, an Affidavit of Eligibility, Liability Release, and Publicity Release (unless otherwise prohibited by law); (ii) provide proof of a valid, current U.S. driver’s license (or motorcycle license/endorsement) consistent with state law requirements in Potential Winner’s state of legal residence; and (iii) proof of valid and current U.S. auto/motorcycle liability insurance (collectively (i)-(iii) referred to as, “Documentation”) otherwise Prize will be forfeited and awarded to an alternate potential winner, in Promoter’s sole discretion. In the event the Potential Winner is a minor under the laws of their state of residence, the parent/legal guardian will be required complete the Document and accept the Prize on the Potential Winner’s behalf. Promoter’s reserve the right to deny the Prize to anyone, at any time, without proper Documentation. All entrants and Entries and information are subject to verification prior to the awarding of the Prize, as are the eligibility, age, Documentation and other information provided by a Potential Winner.
Specific Vendor reserve the right, at its sole discretion, to disqualify any individual it finds to be or it suspects of tampering with the registration process or the operation of the Promotion or any element thereof; to be non-compliant or otherwise in violation of the Official Rules; or to be cheating, acting in a fraudulent, dangerous, unsafe, non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person or entity in connection with the Promotion. Any person (suspected or) attempting to defraud or in any way tamper with this Promotion will be ineligible to win any prize and/or will be required to forfeit/return any prize awarded, and may be prosecuted to the fullest extent of the law. In case of a dispute over the identity of an entrant, the authorized account holder of the email account used to enter will be deemed to be the entrant. “Authorized account holder” is defined as the person who is assigned to said account’s registered email address by an Internet access provider, online service provider or other organization that is responsible for assigning email addresses for the domain associated with the submitted email address.
Entries become the property of Sponsor and will not be returned. Promotion Entities are not responsible for Entries that are lost, late, damaged, delayed, altered, destroyed, forged, tampered with, mutilated, incomprehensible, misdirected, illegible, incomplete, stolen, misdirected as spam/junk, postage-due, or otherwise not in compliance with these Official Rules. Proof of Entry is not proof of its receipt, or eligibility for the Promotion. Only eligible Entries received will be eligible for the Promotion. Entrants may not enter with multiple or fraudulent street, email, IP addresses, devices, identities, log-ins/accounts, robotics, bots, scripts, or other mechanical/automated programs, nor may entrants use directly or indirectly any other device or artifice to participate, and any Entrant who is suspected (in Promoter’s absolute discretion) of using prohibited or fraudulent entry methods, or any other device or artifice to enter or participate will be disqualified. Without limitation, Promoter reserves the right, at its reasonable discretion, to refuse, disqualify, remove or withdraw any Entry and/or entrants at any time during or after the Promotion and to require immediate prize return if applicable.
In the event of any discrepancy, ambiguity, inconsistency, confusion, printing or any other error, mistake or miscommunication in any emails, announcements, websites, advertising, brochures, Promotion materials and/or any other communications or information relating to this Promotion or any element thereof, in any and all formats/media/medium or by any person or entity, these Official Rules shall govern.
4. PRIZE/ODDS OF WINNING: Each prize will be announced by LEMTA. Odds of winning depend on the number of eligible entries received.
Limit one (1) prize. In no event will the Promotion Entities be responsible for awarding more than the stated prize or a different prize than as described. Only the prize elements stated herein are included as part of the Prize. No transfer, assignment or substitution of Prize (in whole or in part), except by Sponsors who reserve the right to substitute a prize of equal or greater value. Prize is not redeemable for cash, in whole or in part. Actual retail value (“ARV”) of prize may vary. Difference in ARV and actual value will not be awarded in cash or otherwise.
Potential Winner must take delivery of the Prize at a time and location as designated by Promoter and Potential Winner must provide all completed Documentation, and any additional required documents by Promoter prior to Prize award, or else Prize will be forfeited and awarded to an alternate potential winner. Further, and without limitation, winner is solely responsible for all income, federal (including luxury), state and local taxes; sales tax on prize, insurance, licensing, and registration fees; and any additional expenses associated with Prize acceptance not described herein as being included. Promoter will deliver the Prize to winner’s legal residence within the contiguous U.S. only. If winner is unable to accept delivery at that location, Promoter and winner will mutually agree to an alternate delivery location within the contiguous U.S. Delivery may take up to three months from date of signed Affidavit. No responsibility is assumed by Promotion Entities for delayed, suspended or rescheduled delivery. Without limitation, upon acceptance of the Prize Potential Winner is solely responsible for any and all claims, actions, responsibilities, damages, liabilities, theft, losses, and destruction of whatever kind and nature arising at any time directly or indirectly from/to the motorcycle, by whomever and whatever caused, and agrees to release and hold harmless the Promotion Entities from same.
PRIZE IS PERSONAL TO WINNER. PRIZES AND ANY ELEMENT THEREOF MAY NOT BE SOLD, RESOLD, AUCTIONED, BARTERED, ASSIGNED, EXCHANGED, PLACED IN COMMERCE, TRANSFERRED, GIVEN AWAY, DONATED, OR OTHERWISE CONVEYED OR PLACED INTO ANY CHANNELS OF DISTRIBUTION. Any prize pictured in advertising or promotional materials is for illustrative purposes only and prize depicted may not be the actual prize awarded. Disowned Customs tradenames, trademarks or registered trademarks, are used with permission.
IMPORTANT NOTICE: WITHOUT LIMITING ANY MANUFACTURER WARRANTIES, SPONSORS AND OTHER PROMOTION ENTITIES MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE QUALITY OR CONDITION OF THE PRIZE AND EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, SUITABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
5. GENERAL: In the event of noncompliance, if a Potential Winner cannot be reached on, or within, two (2) separate attempts, or if required release documentation is not returned as requested and within the specified time frame, or if Potential Winner is or is found to be ineligible or otherwise non-compliant, disqualification and prize forfeiture will result and an alternate potential winner will be selected. If any prize or prize notification is returned, unclaimed, undeliverable or un-awarded for any reason, the Prize will be forfeited in its entirety and will not be (re)awarded. BY PARTICIPATING, ENTRANTS AND POTENTIAL WINNER AGREE TO THE FULLEST EXTENT PERMITTED BY LAW TO RELEASE, DISCHARGE AND HOLD HARMLESS THE SPONSORS AND ALL OTHER PROMOTION ENTITIES, THEIR RESPECTIVE PARENTS, AFFILIATES AND SUBSIDIARIES, 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 LITAGATION IS COMMENCED), LIABILITIES AND DAMAGES OF ANY KIND WHATSOEVER EXISTING NOW OR ARISING IN THE FUTURE (INCLUDING, WITHOUT LIMITATION, INVASION OF PRIVACY, PUBLICITY, 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 OUT OF THE DELIVERY, ACCEPTANCE, POSSESSION, USE OR MISUSE OF THE PRIZE, PARTICIPATION IN ANY PROMOTIONAL OR PRIZE-RELATED ACTIVITY, AND/OR PARTICIPATION IN THIS PROMOTION. To the fullest extent permitted by law, entrants covenant not to sue any Released Party or cause them to be sued regarding any matter released in these Rules; and further covenant not to disaffirm, limit or rescind these releases. 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.
Publicity Release: By entering and/or accepting a prize, entrants and winner consent, where lawful, to the use by Promotion Entities of their name, image, photographs, videotape, likeness, hometown name, biographical information, and voice for publicity, trade, advertising, promotional commercial and non-commercial purposes in all media now known or hereafter developed worldwide, and on the Internet and World Wide Web, without additional compensation, and without the right of review, notification or approval.
6. LIMITATIONS OF LIABILITY: Promotion Entities are not responsible for: any incorrect or inaccurate information, whether caused by site users, error, tampering, hacking, or artifice; any failures or defects of any equipment, software or programming associated with or utilized in the Promotion and/or the site; any error, omission, interruption, deletion of information, defect, delay in operation or transmission, communications failure, theft, destruction, incompatibility, or inability to access or unauthorized access to a Promotion page and/or site, network, donation, or Entry; for any unauthorized human intervention or human error; or the incorrect or inaccurate capture of donation, Entry or other information, nor for the failure to capture any such information. If, for any reason, the Promotion, or any element thereof, is not capable of running as planned or by reason of 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 potential winner by random from eligible non-suspect Entries received prior to the action, or as otherwise deemed fair and equitable by Sponsor. In the event that technological, programming, printing, erroneous communications, human or other error causes more than the stated number of winner(s)/prize(s) 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 prize(s) pursuant to a random drawing among all eligible non-suspect claimants or as otherwise deemed fair and equitable by Sponsor.
7. FORCE MAJEURE: Promotion Entities shall not be liable to winner or any other person or entity for failure to execute the Promotion or any element thereof, or supply a prize in whole or in part, 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/artifice, earthquake, war, fire, flood, explosion, unusually severe weather, 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, cancellations, delays, or any similar or dissimilar event beyond their reasonable control.
8. DISPUTES/CHOICE OF LAW/ARBITRATION: THIS PROMOTION IS GOVERNED BY THE LAWS OF THE UNITED STATES AND THE STATE OF OHIO WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Promotion, 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 Promotion shall be resolved individually, without resort to any form of class action, exclusively before a neutral one-person arbitration panel located in Cleveland, Ohio. Unless otherwise prohibited, 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.
RELEASE OF CLAIMS (CALIFORNIA): Each entrant acknowledges that there is a possibility that, subsequent to their involvement with the Sweepstakes and adherence to these Official Rules, they may discover facts or incur or suffer claims that were unknown or unsuspected at the time agreeing to these Official Rules, and that, if known by them at that time, may have materially affected their decision to participate in the Sweepstakes. Such entrants acknowledge and agree that by reason of these Official Rules, and the release contained in the preceding subsections, they are assuming any risk of such unknown facts and such unknown and unsuspected claims. Such entrants acknowledge that they have read these Official Rules and, as such, hereby have been advised of the existence of Section 1542 of the California Civil Code, which provides: “A general release does not extend to claims that the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
9. WINNER LIST: For the prize winner’s name, mail a self-addressed, U.S. postage stamped envelope to: “Lake Erie Marine Trades Association and YETI Giveaway”: Winner’s List Request, 1269 Bassett Rd., Westlake, Oh 44145. All requests must be received by June 13th, 2019. Limit one request per person/household.
10. SPONSOR: LEMTA, 1269 Bassett Rd. Westlake, OH 44145
11. Official Rules: For a copy of these Official Rules send a hand-printed, self-addressed, stamped envelope to: “Lake Erie Marine Trades Association and YETI Giveaway”: Winner’s List Request, 1269 Bassett Rd., Westlake, Oh 44145. All requests must be received by June 13th, 2019. Limit one request per person/household.