NO PURCHASE IS NECESSARY TO ENTER OR WIN. NON-PURCHASE AND PURCHASE ENTRIES HAVE EQUAL CHANCE OF WINNING.
Toro Management LLC DBA SYLK, is a registered corporation in the state of Arizona, hereinafter referred to as SYLK USA.
- Eligibility: This campaign is open only to those who purchase during the promotional period and are automatically entered into the drawing and to those who enter at [Campaign URL]. The campaign is only open to legal residents of United States and is void where prohibited by law. Employees ofSYLK USA its affiliates, subsidiaries, advertising and promotion agencies, and suppliers, (collectively the “Employees”), and immediate family members and/or those living in the same household of Employees are not eligible to participate in the campaign. The campaign is subject to all applicable federal, state, and local laws and regulations. Void where prohibited.
- Agreement to Rules: By participating, the contestant (“You”) agree to be fully unconditionally bound by these rules, and You represent and warrant that You meet the eligibility requirements. In addition, You agree to accept the decisions of SYLK USA as final and binding as it relates to the content of this campaign.
- Campaign Period: Entries will be accepted online starting on [May 1, 2016 at 12:01 a.m. MST]and ending [June 13, 2016 at 11:59 p.m. MST]. All online entries must be received by [June 13, 2016 p.m. MST].
- How to Enter: There are two ways to enter the SYLK USA Sweepstakes: 1) By purchasing SYLK tubes between the Campaign Period as defined in Section 3, You are automatically entered into SYLK Sweepstakes or 2) Enter by submitting an entry using the online form provided at [Campaign URL]. The entry must fulfill all campaign requirements, as specified, to be eligible to win a prize. Entries that are incomplete or do not adhere to the rules or specifications may be disqualified at the sole discretion of SYLK USA. You may enter once a day. You must provide the information requested. You may not enter more times than indicated by using multiple email addresses, identities, or devices in an attempt to circumvent the rules. If You use fraudulent methods or otherwise attempt to circumvent the rules, your submission may be removed from eligibility at the sole discretion of SYLK USA.
- Prizes: The Winner(s) of the campaign (the “Winner”) will receive a check in the amount of $1,000.00 made out to the random Winner, and the second prize of a check in the amount of $500.00 made out to the individual that referred the Winner. The prize will be awarded only if entrant complies with these Official Rules. The specifics of the prize shall be solely determined by SYLK USA. 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 Winner. No substitution of prize or transfer/assignment of prize to others is permitted. Acceptance of prize constitutes permission for SYLK USA to use Winner’s name, likeness, and entry for purposes of advertising and trade without further compensation, unless prohibited by law.
- Odds: The odds of winning depend on the number of eligible entries received.
- Winner Selection and Notification: Winner will be selected bya random number generator under the supervision of SYLK USA. Winner will be notified by email within five (5) days following selection of Winner. SYLK USAshall have no liability for Winner’s failure to receive notices due to spam, junk e-mail or other security settings or for Winner’s provision of incorrect or otherwise non-functioning contact information. If Winner cannot be contacted, is ineligible, fails to claim the prize within 10 days from the time award notification was sent, or fails to timely return a completed and executed declaration and release as required, the prize may be forfeited and an alternate Winner selected. Receipt by Winner of the prize offered in this campaign is conditioned upon compliance with any and all federal, state, and local laws, taxes and regulations. All federal, state, local taxes on the value of the prize are the responsibility of the winner. An IRS form 1099 will be issued in the prize recipient’s name if required by law. A signed W9 form will be required from the winner to process the prize payment. ANY VIOLATION OF THESE OFFICIAL RULES BY WINNER(S) (AT SYLK USA’S SOLE DISCRETION) WILL RESULT IN WINNER’S DISQUALIFICATION AS WINNER OF THE CAMPAIGN, AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.
- Rights Granted by You: By entering this content (text), You understand and agree that SYLK USA, anyone acting on behalf of SYLK USA, and SYLK USA’s licensees, successors, and assigns, shall have the right, where permitted by law, to print, publish, broadcast, distribute, and use in any media now known or hereafter developed, in perpetuity and throughout the world, without limitation, your entry, name, portrait, picture, voice, likeness, image, statements about the campaign, and biographical information for news, publicity, information, trade, advertising, public relations, and promotional purposes without any further compensation, notice, review, or consent. By entering this content, You represent and warrant that your entry is an original work of authorship, and does not violate any third party’s proprietary or intellectual property rights. If your entry infringes upon the intellectual property right of another, You will be disqualified at the sole discretion of SYLK USA. If the content of your entry is claimed to constitute infringement of any proprietary or intellectual proprietary rights of any third party, You shall, at your sole expense, defend or settle against such claims. You shall indemnify, defend, and hold harmlessSYLK USA from and against any suit, proceeding, claims, liability, loss, damage, costs or expense, which SYLK USA may incur, suffer, or be required to pay arising out of such infringement or suspected infringement of any third party’s right.
- Terms & Conditions: SYLK USAreserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Campaign should virus, bug, non-authorized human intervention, fraud, or other cause beyond SYLK USA’s control corrupt or affect the administration, security, fairness, or proper conduct of the campaign. In such case,SYLK USA may select the Winner from all eligible entries received prior to and/or after (if appropriate) the action taken by SYLK USA. SYLK USA reserves the right, in its sole discretion, to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the campaign or website or violates these Terms & Conditions. SYLK USA has the right, in its sole discretion, to maintain the integrity of the campaign, to void votes 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 campaign rules; or the use of bots, macros, scripts, or other technical means for entering. Any attempt by an entrant to deliberately damage any website or undermine the legitimate operation of the campaign may be a violation of criminal and civil laws. Should such attempt be made, SYLK USA reserves the right to seek damages to the fullest extent permitted by law.
- Limitation of Liability: By entering, You agree to release and hold harmless SYLK USA and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers, and directors from any liability, illness, injury, death, loss, litigation, claim, or damage that may occur, directly or indirectly, whether caused by negligence or not, from: (i) such entrant’s participation in the campaign and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof; (ii) technical failures of any kind, including but not limited to the malfunction of any computer, cable, network, hardware, or software, or other mechanical equipment; (iii) the unavailability or inaccessibility of any transmissions, telephone, or Internet service; (iv) unauthorized human intervention in any part of the entry process or the promotion; (v) electronic or human error in the administration of the promotion or the processing of entries.
- Disputes: THIS Campaign IS GOVERNED BY THE LAWS OFUNITED STATES OF AMERICAAND ARIZONA, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this campaign, participant agrees that any and all disputes that cannot be resolved between the parties, and causes of action arising out of or connected with this campaign, shall be resolved individually, without resort to any form of class action, exclusively before an arbitration located in Arizona having jurisdiction. Further, in any such dispute, under no circumstances shall participant be permitted to obtain awards for, and hereby waives all rights to, punitive, incidental, or consequential damages, including reasonable attorney’s fees, other than participant’s actual out-of-pocket expenses (i.e. costs associated with entering this campaign). Participant further waives all rights to have damages multiplied or increased.The terms and provisions of this Agreement and any dispute arising hereunder shall be governed by the laws of the State of Arizona. All disputes of every kind and nature between the parties to this Agreement shall be resolved by mutual agreement of the parties. Failing such agreement, disputes shall be resolved by mediation and/or arbitration as follows:Either party may demand such arbitration in writing within a reasonable time after the dispute arises, which demand shall be submitted to the Arbitration & Mediation Center of Arizona (“AMCA”), 8700 E. Pinnacle Peak Road, Suite 221, Scottsdale, Arizona 85255 (Tel: 480-664-8605; Fax: 480-585-8585; E-Mail: firstname.lastname@example.org), and shall include a statement of the matter and amount in controversy. In no event shall the demand be made after the date when institution of legal or equitable proceedings based upon such dispute would be barred by the applicable statute of limitations. The Parties shall be notified of the mediator/arbitrator assigned to the matter within five (5) business days from AMCA’s receipt of the demand for arbitration. Alternatively, AMCA may provide the Parties with a list of available mediators/arbitrators from which to select, along with selection instructions, within the same five (5) business period. Absent the parties’ mutual written consent, no individual mediator or arbitrator shall be assigned if such individual has a direct conflict of interest with regard to either party.
Within five (5) business days after such demand the other Party shall respond to the demand in writing, by filing a written answer with AMCA. AMCA shall initially attempt to facilitate a resolution of the matter through mediation. The mediation shall be conducted at AMCA’s offices. All mediation discussions are privileged and confidential. Persons who are not Parties are not allowed to attend the mediation conference without the consent of the Parties. Any mediation resolution may be enforced in a court of law. Each of the Parties to a Claim will bear its own costs incurred prior to and during the negotiation and mediation proceeding described herein, including the fees of its attorney or other representative. If, at any time during the course of the mediation, either AMCA or either of the Parties believe that a stalemate has been reached, AMCA shall schedule a single-hearing arbitration hearing, without any Party being entitled to pre-hearing discovery (other than a demand for, and exchange of, all relevant documents, including invoices, receipts, change orders and correspondence), unless otherwise agreed by the Parties and AMCA. The arbitration hearing shall be held at AMCA’s offices on five (5) days’ notice to the Parties. If AMCA declines, for any reason, to arbitrate the matter, then the matter will be arbitrated by a mutually agreeable party to be identified within five (5) business days following AMCA’s decline notice. If the Parties are unable to agree to an arbitrator, then the matter shall be submitted to the American Arbitration Association.
The mediation costs and expenses shall be shared by the Parties and, if and to the extent required, will pay its respective share of the costs in advance of the mediation as a condition to its continuation of the prosecution or defense of the Claim. The arbitration costs and expenses of each party shall be borne by the non-prevailing Party. At the discretion of the arbitrator, the AMCA Arbitration Rules, or the Commercial Arbitration Rules (Fast Track, if available) of the American Arbitration Association, then in effect, where not in conflict with this Section, shall be utilized in the arbitration hearing and the law of the evidence of the State of Arizona shall govern the presentation of evidence at such hearing.
Any Party, without waiving the right to arbitrate the dispute, may apply to a court having jurisdiction for provisional relief, writs, attachments or injunctions that may not be available in arbitration. An award rendered by the arbitrator appointed under and pursuant to this Agreement shall be final and binding on all parties to the proceedings, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction. To that end, the arbitrator shall have the right to render decisions with regard to all remedies that would otherwise be available at law or in equity to the Parties and the arbitrator shall have jurisdiction over all matters of fact and law necessary to render a decision. Should a dispute arise as to whether or not any dispute arising under the terms of this Agreement is subject to this arbitration provision, the matter shall be decided by arbitration in the same manner and with the same effect as all disputes arising out of this Agreement. If the dispute proceeds to arbitration, the arbitrator shall have jurisdiction over all matters of fact and law necessary to render a decision.
To the extent permitted herein, the Parties hereby irrevocably submit to the process, jurisdiction, and venue of the courts of the State of Arizona. Maricopa County, and to the process, jurisdiction and venue of the United States District Court of Arizona, for purposes of such action arising out of or relating to this Agreement. Without limiting the generality of the foregoing, the Parties hereby waive and agree not to assert by way of motion, defense or otherwise in any such suit, action or proceeding any claim that any such Party is not personally subject to the jurisdiction of the above-named courts, that suit, action or proceeding is brought in an inconvenient forum or that the venue of such suit, action or proceeding is improper.
- Winners List: To obtain a copy of the winner’s name or a copy of these Official Rules, mail your request along with a stamped, self-addressed envelope to: SYLK USA 7272 East Indian School Road, Suite 540, Scottsdale, Arizona 85251. Requests must be received no later than [date, time, timezone].
- Sponsor: The Sponsor of the Campaign is SYLK USA 7272 East Indian School Road, Suite 540, Scottsdale, Arizona 85251.
- Facebook: The campaign hosted by SYLK USA is in no way sponsored, endorsed, administered by, or associated with Facebook.
- By clicking enter, You, the Contestant, have affirmatively reviewed, accepted, and agreed to all of the Official Rules