1. Eligibility: THE SWISHER SWEEPSTAKES (the “Sweepstakes”) is open to those who enter according to these Rules and who are 18 years of age (or the legal age to consume tobacco products in their state of residence, whichever is higher) as of the date of submitting an entry. The Sweepstakes is only open to legal residents of the United States and is void where prohibited by law. Employees of Swisher International, Inc. (the “Sponsor”), and/or of the Sponsor’s affiliates, subsidiaries, advertising and promotion agencies, and suppliers, as well as such employees’ immediate family members and/or those living in the same household, are not eligible to participate in the Sweepstakes. The Sweepstakes is subject to all applicable federal, state, and local laws and regulations. This Sweepstakes is void where prohibited by law.
2. Agreement to Rules: By participating, you agree to be fully and unconditionally bound by these Rules, and you represent and warrant that you meet the eligibility requirements set forth herein. In addition, you agree to accept the decisions of the Sponsor as final and binding as they relate to the Sweepstakes and the interpretation and application of these Rules. The Sweepstakes is subject to all applicable federal, state, and local laws.
3. Sweepstakes Period: Entries will be accepted online, and through the Alternative Method of Entry described below, starting on June 8, 2016 and ending at Noon on Aug. 4, 2016. Winners will be announced for each city 48 hours before the each specific city’s concert.
4. How to Enter: No purchase is necessary to enter or win. You must enter the Sweepstakes by one of two ways (1) Filling out the RSVP form on the Swisher Sweets Art of Rap page for the respective city or (2) by the Alternative Method of Entry described below.
Regardless of entry method, the entry must fulfill all Sweepstakes requirements, as specified herein, to be eligible to win a prize. No mechanically reproduced or photocopied entries are permitted, and no changes to any entry information will be permitted once submitted. All entries become the property of Sponsor and will not be acknowledged or returned. Entries that are not complete or do not adhere to the rules or specifications may be disqualified at the Sponsor’s sole discretion. Entries the Sponsor receives after the deadlines stated herein will be discarded and deemed void.
LIMIT ONE ENTRY PER PERSON. You may enter only once and you must fill in the information requested. You may not enter more than once by any means, including but not limited to using multiple email addresses, identities, or devices. If you use fraudulent methods to enter, or otherwise attempt to circumvent the rules, your submission may be removed from eligibility at the Sponsor’s sole discretion.
Online Entry Deadline: All online entries must be received by Aug. 4, 2016, 11:59 PM EST.
Alternative Method of Entry: As an alternative to entering online, you may also enter by printing legibly your complete name, physical mailing address, email address (if applicable), telephone number, date of birth, drivers license number, and the label “SWISHER Sweepstakes Entry” on a 3”x5” card and mailing it to:
Swisher International, Inc.
Attn: Consumer Engagement Department
459 E. 16th Street
Jacksonville, Florida 32206
Alternative Method of Entry Deadline: All mail-in entries must be received by 11:59 PM EST Aug 3, 2016 to be eligible.
5. Prizes: The sponsor will select 12 winners for each city listed. Each winner will receive a set (2) of tickets for Art of Rap Festival for the respective city’s concert they indicated on the entry form. Actual/appraised value may differ at time of prize award. The Sponsor shall solely determine the specifics of the prize. No cash or other prize substitution is permitted except at Sponsor’s discretion. The prize is nontransferable. Any and all prize-related expenses, including without limitation any and all federal, state, and/or local taxes, shall be the sole responsibility of the winner. No substitution of prize, transfer/assignment of prize to others, or request for the cash equivalent by winners is permitted.
6. Odds: A PURCHASE DOES NOT INCREASE THE CHANCES OF WINNING. The odds of winning depend on the number of eligible entries received.
7. Winner Selection and Notification: The winners of the Sweepstakes will be selected in random drawings under the Sponsor’s supervision. Each winner will be notified via social media, email or mail (depending on the winner’s method of entry) to the username, email address or mail address, as applicable, that the winner provided when entering the Sweepstakes. A winner who entered online will be notified within two business days of the drawing. Likewise, notification to a winner who entered via the Alternative Method of Entry will be postmarked within two business days of the drawing. The Sponsor shall have no liability for a winner’s failure to receive notices due to mail or email service error, winner’s spam, junk e-mail, or other security settings, or winner’s provision of incorrect or otherwise non-functioning contact information. If a selected winner cannot be contacted, is ineligible, fails to claim the prize within two business days of notification via email or seven business days of the postmark on a notification via traditional paper mail, or fails to timely return a completed and executed declaration and releases as required, the prize may be forfeited and an alternate winner selected.
Winner’s receipt of any prize offered in this Sweepstakes is conditioned upon compliance with any and all federal and state laws and regulations. AT SPONSOR’S SOLE DISCRETION, ANY VIOLATION OF THESE OFFICIAL RULES BY ANY WINNER MAY RESULT IN SUCH WINNER’S DISQUALIFICATION AS WINNER OF THE SWEEPSTAKES AND IMMEDIATE TERMINATION OF ALL PRIVILEGES AS WINNER.
8. Rights Granted by You: By entering this Sweepstakes you understand and permit that the Sponsor, its subsidiaries and other affiliated entities, employees, agents, licensees, successors, assigns, and anyone else acting by, through, or on behalf of the Sponsor will have the right, where permitted by law, without any further notice, review, or consent to use the information provided on your entry submission for marketing and other valid business purposes. To opt out of granting this right, you must check the opt-out box on the online entry form, or mail a written request, including the name and address used to enter, to: Swisher International, Inc. 459 East 16th Street, Jacksonville, Florida 32206, U.S.A. All opt-out requests must be received no later than 7 days after the contest ends. Opting out of granting this right will have no impact on your chances of winning the Sweepstakes.
Also by entering the Sweepstakes you agree to receive marketing emails and/or mail periodically from Sponsor and its subsidiaries and other affiliated entities, employees, agents, licensees, successors, assigns, and anyone acting by, through, or on their behalf. You can opt-out of receiving such communication at any time by clicking the unsubscribe link in the email or calling the telephone number on the mailing.
Moreover, by accepting a prize under this Sweepstakes, you understand and permit that the Sponsor, its subsidiaries and other affiliated entities, employees, agents, licensees, successors, assigns, and anyone else acting by, through, or on behalf of the Sponsor will have the right, without any further notice, review, or consent, where permitted by law and unless the winner specifically informs Sponsor in writing at time of prize acceptance that he or she objects to such use, to print, publish, broadcast, distribute, and use, worldwide in any media hereafter in perpetuity and throughout the world, your entry, including, without limitation, your name, portrait, picture, voice, likeness, image, statements about the Sweepstakes, and biographical information as news, publicity, or information, and for trade, advertising, public relations, promotion, and other valid business purposes.
9. Terms: The Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, or suspend the Sweepstakes should a virus, technical issue, non-authorized human intervention, fraud, or other causes beyond Sponsor’s control corrupt or affect the administration, security, fairness, or proper conduct of the Sweepstakes. In such case, the Sponsor may, in its sole discretion, select a winner from all eligible entries received prior to and/or after (if appropriate) the action taken by the Sponsor to address the intervening event.
The Sponsor has the right, in its sole discretion, to maintain the integrity of the Sweepstakes. This includes, without limitation, the rights to (i) void entries for any reason, including but not limited to multiple entries from the same user from different IP addresses, multiple entries from the same computer in excess of that allowed by the Sweepstakes Rules, or entering the Sweepstakes by the use of bots, macros, scripts, or other technical means; and (ii) disqualify and/or pursue any legal action against any individual who tampers or attempts to tamper with the entry process, the operation of the Sweepstakes or its website, or otherwise violates these Rules. Any attempt by any person to damage any website or otherwise undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil laws, and if should such an attempt is made, or is suspected to have been made, Sponsor reserves the right to seek criminal prosecution and/or civil damages from any such person to the fullest extent permitted by law.
10. Release, Indemnification, and Limitation of Liability: By submitting an entry to the Sweepstakes, you agree to fully, completely, and forever release, indemnify, and hold harmless Sponsor and any and all of its parents, subsidiaries, affiliates, and all other related entities, general and limited partners, joint venturers, successors, assigns, beneficiaries, attorneys, insurers, subrogees, advertising and promotional agencies, representatives, agents, principals, employees, officers, directors, and anyone else acting by, for, or through Sponsor, from and against any and all claims, demands, actions, cause of action, damages, suits at law, suits in equity, liabilities, illnesses, injuries, death, and any other losses, suffered, incurred, claimed, or brought by you (including any of your beneficiaries, successors, assigns, and anyone acting on your behalf), whether known or unknown, that currently exist or that may arise or occur, directly or indirectly, whether caused by negligence or not, in connection with your attempted entry, entry, or participation in the Sweepstakes. This includes, but is not limited to, (i) your acceptance, possession, use, or misuse of any prize or any portion thereof, (ii) technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network, hardware, or software; (iii) the unavailability or inaccessibility of any transmissions, or of telephone or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Sweepstakes; and (v) electronic or human error which may occur in the administration of the Sweepstakes or the processing of entries.
11. Dispute Resolution: THIS SWEEPSTAKES IS GOVERNED BY THE LAWS OF THE UNITED STATES OF AMERICA AND THE STATE OF FLORIDA, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Sweepstakes, you (including any of your beneficiaries, successors, assigns, and anyone acting on your behalf) agree that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or in connection with this Sweepstakes, shall be resolved individually, without resort to any form of class action (and you agree to waive any and all right to bring or participate in any class action arising out of or related to this Sweepstakes), exclusively before a court located in Florida having jurisdiction. Further, in any such dispute, under no circumstances will you be permitted to obtain awards for, and you hereby waive all rights to claim, punitive, incidental, and consequential damages, including reasonable attorneys’ fees. You agree that the only damage award to which you may be entitled shall be expressly limited to your out-of pocket expenses associated with entering this Sweepstakes, and you further waive any and all rights to have damages multiplied or increased.
13. Winners List: To request the name(s) of the Sweepstakes winner(s), or a copy of these Official Rules, please mail your request along with a stamped, self-addressed envelope to: Swisher International Inc., Attn: Consumer Engagement Department, 459 East 16th Street, Jacksonville, Florida 32206, U.S.A. All such requests must be received no later than 14 days from the end of the contest.
14. Sponsor: The Sponsor of the Sweepstakes is: Swisher International, Inc. 459 East 16th Street, Jacksonville, Florida 32206, U.S.A.