OFFICIAL PROMOTION RULES
The Contest is in no way sponsored, endorsed or administered by, or associated with Facebook or with Instagram (each a “Social Platform”). The Social Platforms are hereby completely released of all liability by each entrant in this Contest. Any questions, comments or complaints regarding the Contest must be directed to the Sponsor and not to any Social Platform.
1. Key Dates
The Prestige Trailers 2022 Christmas Giveaway Promotion (the “Promotion”) begins on December 1, 2022 at 12:00 p.m. Central Standard Time (“CST”) and ends on December 31, 2022 at 11:59 p.m. CST (the “Promotion Period”).
2. Eligibility to Enter
The Promotion is open only to legal residents of the 50 United States or Washington D.C., who are of the age of majority in their jurisdiction of residence at the time of entry; except employees, representatives or agents (and those with whom such persons are domiciled, whether related or not) of Triple E Canada Ltd. (the “Sponsor”), its parent companies, affiliates, prize suppliers, advertising/promotion agencies and any other individual(s), entity or entities involved in the development, implementation, administration or fulfillment of the Promotion (collectively, the “Promotion Parties”).
3. Agreement to be Legally Bound by Rules
By participating in this Promotion, you are signifying your agreement that you have read and agree to be legally bound by these Official Rules and Regulations (the “Rules”) and all decisions of Sponsor, which are final and binding.
4. How to Enter
NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
To enter on Instagram, go login to your non-private Instagram Account and: (i) upload a Photo of your Leisure Travel Vans motorhome in a scenic environment; (ii) provide a caption for your Photo, and the location where it was taken; and (iii) include the hashtag #PTChristmasGiveaway22 (the “Required Hashtag”). By entering, you signify your agreement that you have read and agree to be legally bound by the terms and conditions of these Rules.
Compliance with the entry requirements will be determined by Sponsor in its sole discretion. Entries that violate, as determined by the Sponsor, in its sole discretion, these entry requirements will be disqualified from the Contest. By posting a Photo and using the Required Hashtag, you affirm that you have read, understand and agree to these. Entrants understand that they are posting at their sole risk. Sponsor is not responsible for any claims arising from a Photo, specifically including, but not limited to, claims for intellectual property infringement and privacy rights violations, as well as violations of Instagram’s terms and conditions.
Alternatively, to obtain one (1) Entry in the Promotion without using Instagram, print your first name, last name, email address, complete mailing address (including postal or zip code), age and signature on a plain white piece of paper and mail it (in an envelope with sufficient prepaid postage) along with a photograph of a Leisure Travel Van in a wintry setting to: Prestige Trailers, PO Box 68, Walhalla, ND USA 58282 (a “Request”). Upon receipt of a valid Request in accordance with these Rules, you will be eligible to receive one (1) Entry in the Promotion. To be eligible, your Request must: (i) be received separately in an envelope bearing sufficient postage (i.e. multiple Requests in the same envelope will be void); and (ii) be post-marked during the Promotion Period and received prior to the Selection Date (as defined below).
To be eligible, your Entry (regardless of the method of entry) must be submitted and received in accordance with these Rules. Eligible Entries submitted and received in accordance with these Rules will be entered into the random prize draw.
5. Entry Limit and Conditions
There is no limit of Entries per person/Instagram account (regardless of the method of entry), however each Entry must include a unique and original Photo. If it is discovered by the Sponsor (using any evidence or other information made available to or otherwise discovered by the Sponsor) that any person has attempted to: (i) exceed any of the limits stated in these Rules; (ii) use multiple names, multiple identities, multiple e-mail addresses and/or any automated, macro, script, robotic or other system(s) or program(s) to enter or otherwise participate in or to disrupt the Promotion; and/or (iii) disrupt or participate in the Promotion in any other fraudulent or misleading way, then he/she may be disqualified from the Promotion in the sole and absolute discretion of the Sponsor. The Promotion Parties and each of their respective agents, employees, directors, successors, and assigns (collectively, the “Released Parties”) are not responsible for, and accept no liability whatsoever in relation to, any late, lost, misdirected, delayed, incomplete or incompatible Entries, Requests, Surveys and/or other information (all of which are void). An Entry may be rejected if, in the sole and absolute discretion of the Sponsor, the Entry is not submitted and received in accordance with these Rules.
All Entries, Requests, Surveys and entrants are subject to verification at any time and for any reason. The Sponsor reserves the right, in its sole and absolute discretion, to require proof of identity and/or eligibility (in a form acceptable to the Sponsor – including, without limitation, government issued photo identification): (i) for the purposes of verifying an entrant’s eligibility to participate in this Promotion; (ii) for the purposes of verifying the eligibility and/or legitimacy of any Entry, Request, Survey and/or other information entered (or purportedly entered) for the purposes of this Promotion; and/or (iii) for any other reason the Sponsor deems necessary, in its sole and absolute discretion, for the purposes of administering this Promotion in accordance with the letter and spirit of these Rules. Failure to provide such proof to the complete satisfaction of the Sponsor within the timeline specified by the Sponsor may result in disqualification in the sole and absolute discretion of the Sponsor. The sole determinant of the time for the purposes of the Promotion will be the official time-keeping device(s) used by the Sponsor.
7. Participation Requirements
BY PARTICIPATING IN THE PROMOTION, YOU AGREE TO RELEASE THE RELEASED PARTIES FROM ANY AND ALL LIABILITY IN CONNECTION WITH THE PROMOTION AND YOUR PARTICIPATION THEREIN AND TO INDEMNIFY THE RELEASED PARTIES AGAINST ANY AND ALL CLAIMS, DAMAGES, LIABILITIES, COSTS, AND EXPENSES ARISING FROM YOUR PARTICIPATION IN THE PROMOTION. BY PARTICIPATING IN THE PROMOTION, YOU ALSO AGREE THAT YOUR ENTRY (AND EACH INDIVIDUAL COMPONENT THEREOF) AND ALL OTHER ASPECTS OF YOUR PARTICIPATION IN THIS PROMOTION COMPLIES WITH ALL CONDITIONS STATED IN THESE RULES. THE RELEASED PARTIES WILL BEAR NO LIABILITY WHATSOEVER REGARDING: (I) THE USE OF YOUR ENTRY (OR ANY COMPONENT THEREOF); (II) PARTICIPATION IN ANY PROMOTION-RELATED ACTIVITIES; (III) ANY USE, COLLECTION, STORAGE AND DISCLOSURE OF ANY PERSONAL INFORMATION; AND/OR (IV) IF DECLARED A WINNER, THE PRIZE (INCLUDING ANY USE OR MISUSE OF THE PRIZE). THE RELEASED PARTIES SHALL BE HELD HARMLESS BY YOU IN THE EVENT IT IS DISCOVERED THAT YOU HAVE DEPARTED FROM OR NOT OTHERWISE FULLY COMPLIED WITH ANY OF THESE RULES. THIS RELEASE AND INDEMNITY SHALL CONTINUE IN FORCE FOLLOWING THE TERMINATION OF THE PROMOTION AND/OR AWARDING OF ANY PRIZE.
By participating in the Promotion, each entrant hereby warrants and represents that any Entry he/she submits does not contain any reference to any identifiable third parties, unless consent has been obtained from all such individuals and their parent/legal guardian if they are under the age of majority in their jurisdiction of residence; and will not give rise to any claims whatsoever, including, without limitation, claims of infringement, invasion of privacy or publicity, or infringe on any rights and/or interests of any third party.
There will be three (3) Prize(s) (the “Prize(s)”) available to be won, as follows:
$50 USD gift card
Approximate Retail Value Each
IMPORTANT NOTE: ANY AND ALL OTHER COSTS ASSOCIATED WITH UTILIZING A PRIZE WILL BE THE SOLE AND ABSOLUTE RESPONSIBILITY OF THE WINNER(S). NONE OF THE RELEASED PARTIES, NOR ANY OTHER ENTITY, WILL BE PROVIDING ANY COMPENSATION WHATSOEVER WITH RESPECT TO ANY COSTS ASSOCIATED WITH UTILIZING A PRIZE OR OTHERWISE.
Prize must be accepted as awarded and is not transferable, assignable or convertible to cash (except as may be specifically permitted by Sponsor in its sole and absolute discretion). No substitutions are permitted, except at Sponsor’s option. Sponsor reserves the right, in its sole and absolute discretion, to substitute a Prize or a component thereof with a prize of equal or greater retail value, including, without limitation, but at Sponsor’s sole and absolute discretion, a cash award. All characteristics and features of a Prize, except as otherwise explicitly stated above, are at the Sponsor’s sole and absolute discretion. All terms and conditions stated by the issuer or manufacture of a Prize apply, as applicable.
None of the Released Parties makes any representation or offers any warranty, express or implied, as to the quality or fitness of any Prize awarded in connection with the Promotion, including but not limited to its mechanical condition or fitness for a particular purpose. To the fullest extent permitted by applicable law, a confirmed winner understands and acknowledges that he or she may not seek reimbursement or pursue any legal or equitable remedy from either the Sponsor or any of the other Released Parties should his/her Prize fail to be fit for its purpose or is in any way unsatisfactory.
9. Eligible Winner Selection Process
On January 2, 2023 (the “Selection Date”), a panel of judges appointed by the Sponsor will judge all eligible Entries and received in accordance with these Rules on the basis of: i) creativity/innovation; ii) photo quality; iii) composition and attractiveness; and iv) LTV model (the “Criteria”). There will be one (1) eligible entrant selected in relation to each available Prize. The odds of winning depend on the number of eligible Entries submitted and received in accordance with these Rules. Prizes will be drawn in the order listed above in Rule 8.
10. Eligible Winner Notification Process:
The Sponsor or its designated representative will make a minimum of two (2) attempt(s) to contact an eligible winner via Instagram direct message to the account the selected Entry was made with, within ten (10) business day(s) of the Selection Date. The prize must be claimed within thirty (30) days of the Selection Date. If an eligible winner cannot be contacted as outlined above, or if there is a return of any notification as undeliverable; then he/she may, in the sole and absolute discretion of the Sponsor, be disqualified (and, if disqualified, will forfeit all rights to the applicable Prize) and the Sponsor reserves the right, in its sole and absolute discretion and time permitting, to randomly select an alternate eligible entrant for the applicable Prize from among the remaining eligible Entries submitted and received in accordance with these Rules in accordance with the procedures outlined above (in which case the foregoing provisions of this section shall apply to such newly selected eligible winner).
11. Eligible Winner Confirmation Process
NO ONE IS A WINNER UNLESS AND UNTIL THE SPONSOR OFFICIALLY CONFIRMS HIM/HER AS A WINNER IN ACCORDANCE WITH THESE RULES. BEFORE BEING DECLARED A CONFIRMED PRIZE WINNER, an eligible winner will be required to sign and return within two (2) business days of notification the Sponsor’s declaration and release form, which (among other things): (i) confirms compliance with these Rules; (ii) acknowledges acceptance of the applicable Prize (as awarded); (iii) releases the Released Parties from any and all liability in connection with this Promotion, his/her participation therein and/or the awarding and use/misuse of the Prize or any portion thereof; (iv) agrees to indemnify the Released Parties against any and all claims, damages, liabilities, costs, and expenses arising from use of his/her Entry or any portion(s) thereof; and (v) agrees to the publication, reproduction and/or other use of his/her name, address, voice, Survey, Request, Entry, statements about the Promotion and/or photograph or other likeness without further notice or compensation, in any publicity or advertisement carried out by or on behalf of the Sponsor in any manner or medium whatsoever, including print, broadcast or the internet, worldwide and in perpetuity.
UNITED STATES RESIDENTS: If the winner is a US resident, he/she will be solely responsible (including without limitation reporting and paying) for any federal, state and/or local taxes applicable to his or her Prize (if any). The value of any Prize awarded to the winner must be reported for tax purposes where required by law. For Prizes with an Approximate Retail Value over $600 USD, winner will be required to provide Sponsor with a valid social security number or tax identification number before the prize will be awarded for tax reporting purposes, and will be issued an IRS 1099 form for the Prize value.
If an eligible winner: (a) fails to correctly answer the skill-testing question (if he/she is a resident of Canada); (b) cannot accept (or is unwilling to accept) the applicable Prize (as awarded) for any reason; and/or (c) is determined to be in violation of these Rules (all as determined by the Sponsor in its sole and absolute discretion); then he/she will be disqualified (and will forfeit all rights to the applicable Prize) and the Sponsor reserves the right, in its sole and absolute discretion and time permitting, to randomly select an alternate eligible entrant for the applicable Prize from among the remaining eligible Entries submitted and received in accordance with these Rules in accordance with the procedures outlined above (in which case the foregoing provisions of this section shall apply to such newly selected eligible winner). Unclaimed Prizes will not be awarded.
12. General Conditions
All Entries, Surveys and Requests become the property of the Sponsor to the extent permitted by applicable law. This Promotion is subject to all applicable federal, provincial, state, and municipal laws. The decisions of the Sponsor with respect to all aspects of this Promotion are final and binding on all entrants without right of appeal. ANYONE DEEMED BY THE SPONSOR TO BE IN VIOLATION OF THE LETTER AND/OR SPIRIT OF THESE RULES FOR ANY REASON IS SUBJECT TO DISQUALIFICATION IN THE SOLE AND ABSOLUTE DISCRETION OF THE SPONSOR AT ANY TIME.
The Released Parties will not be liable for: (i) any failure of any website or platform during the Promotion; (ii) any technical malfunction or other problems of any nature whatsoever, including, without limitation, those relating to the telephone network or lines, computer on-line systems, servers, access providers, computer equipment or software; (iii) the failure of any Entry, Survey, Request and/or other information to be received, captured or recorded for any reason whatsoever, including, but not limited to, technical problems or traffic congestion on the Internet or at any website, including the online Survey form; (iv) any injury or damage to an entrant’s or any other person’s computer or other device related to or resulting from participating in the Promotion; (v) anyone being incorrectly and/or mistakenly identified as a winner or eligible winner; and/or (vi) any combination of the above.
The Sponsor reserves the right, in its sole and absolute discretion, to cancel, withdraw, amend or suspend the Promotion (or to amend these Rules) in any way, in the event of any cause beyond the reasonable control of the Sponsor that interferes with the proper conduct of the Promotion as contemplated by these Rules, including, without limitation, any error, problem, computer virus, bugs, tampering, unauthorized intervention, fraud or failure of any kind whatsoever. Any attempt to undermine the legitimate operation of the Promotion in any way (as determined by Sponsor in its sole and absolute discretion) may be a violation of criminal and civil laws and should such an attempt be made, the Sponsor reserves the right to seek remedies and damages to the fullest extent permitted by law. The Sponsor reserves the right, in its sole and absolute discretion, to cancel, amend or suspend the Promotion, or to amend these Rules, in any way without prior notice or obligation, in the event of any accident, printing, administrative, or other error of any kind, or for any other reason whatsoever. In the event of cancellation, Sponsor reserves the right to randomly award the Prizes from among all eligible, non-suspect Entries received prior to cancellation. The Sponsor reserves the right, in its sole and absolute discretion, to administer an alternate test of skill as it deems appropriate based on the circumstances and/or to comply with applicable law.
The Sponsor reserves the right, in its sole and absolute discretion, to adjust any of the dates, timeframes and/or other Promotion mechanics stipulated in these Rules, to the extent deemed necessary by Sponsor, for purposes of verifying compliance by any entrant, Entry and/or other information with these Rules, or as a result of any technical or other problems, or in light of any other circumstances which, in the opinion of the Sponsor, in its sole and absolute discretion, affect the proper administration of the Promotion as contemplated in these Rules, or for any other reason.
In the event of any discrepancy or inconsistency between the terms and conditions of these Rules and disclosures or other statements contained in any Promotion-related materials, including, but not limited to, the Survey, point of sale, television, print or online advertising and/or any instructions or interpretations of these Rules given by any representative of the Sponsor, the terms and conditions of these Rules shall prevail, govern and control to the fullest extent permitted by law.
The invalidity or unenforceability of any provision of these Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Rules shall otherwise remain in effect and shall be construed in accordance with the terms as if the invalid or illegal provision were not contained herein.
FOR US RESIDENTS: By entering, entrants agree that all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrant’s rights and obligations, or the rights and obligations of the Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of State of North Dakota without giving effect to any choice of law or conflict of law rules. By entering, entrants consent to the jurisdiction and venue of the federal, state and local courts located in Pembina County, ND. Under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses. All causes of action arising out of or connected with this Promotion, or any Prize awarded, shall be resolved individually, without resort to any form of class action, and any and all claims, judgments, and award shall be limited to actual out-of-pocket costs incurred, excluding attorneys’ fees and court costs.
13. Winner List
For a list of the winner(s), send a self-addressed, stamped business size (#10) envelope to: Prestige Trailers, PO Box 68, Walhalla, ND USA 58282 for receipt within thirty (30) days following the end of the Promotion Period.
Prestige Trailers, a brand of Triple E Canada Ltd., PO Box 68, Walhalla, ND USA 58282