Official Distributor’s Sweepstakes Rules
NO PURCHASE NECESSARY TO ENTER OR WIN. PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. THIS CONTEST IS INTENDED FOR VIEWING IN THE UNITED STATES ONLY AND SHALL ONLY BE CONSTRUED AND EVALUATED ACCORDING TO UNITED STATES LAW.
1.ELIGIBILITY: This Sweepstakes is open to all legal residents of the United States who are eighteen (18) years of age or older as of the commencement of the Entry Period (as defined below). Any (i) eligible FODS distributors responsible for the sale of any eight (8) Trackout Control Mats 1100TCM (the “Mats”) from FODS, LLC (“FODS”), (ii) any end user who purchases eight (8) Mats, and (iii) any other eligible person who submits a photo of a Mat in use as provided below (each, an “Entrant”) may enter this Sweepstakes, subject to the terms and conditions contained in these rules (the “Official Rules”). Void where prohibited by law. Notwithstanding the foregoing, if FODS terminates its relationship with any distribution sales team prior to the time of the drawing, as set forth below, such distribution sales team shall not be eligible to participate in this Sweepstakes and shall not be eligible to win any of the prizes set forth below.
2.HOW TO ENTER: This Sweepstakes begins May 17, 2021 and ends at 7:00 p.m. MST on September 17, 2021 (the “Entry Period”). To enter, any (i) FODS distributor responsible for the sale of any eight (8) Mats must send their name, company, email address, phone number, and proof of making such sale (including receipt or paid invoice) to: prize@getfods.com (ii) any end user who purchases eight (8) Mats must send their name, company, email address, phone number, and proof of making such purchase (including receipt or paid invoice), or (iii) any eligible individual who abides by the AMOE process set forth in the paragraph below. FODS will confirm the receipt of such Entrant’s submission and number of entries within three (3) business days. If any such Entrant sells or purchases more than eight (8) Mats, that Entrant shall be entitled to multiple entries for each successive eight (8) Mats sold during the Entry Period up to the Limit (as defined below). For the avoidance of doubt and by way of an example, if any such Entrant sells or purchases sixteen (16) Mats, they shall be entered two (2) times, if such Entrant sells or purchases twenty-four (24) Mats, they shall be entered three (3) times.
In no event shall any Entrant be required to make a purchase or otherwise pay consideration to obtain an entry. As an alternative method of entry (an “AMOE”), a FODS distributor and any other eligible Entrant may submit photo evidence of a Mat in use on any job site or otherwise in use in construction, along with the Entrant’s full name, phone number, and location where the Mat was found to: prize@getfods.com to obtain an entry. Any Entrant may receive one (1) AMOE per day for each unique picture received and verified by FODS, not to exceed the Limit, during the Entry Period. FODS may reject any AMOE that violates these Official Rules or any copyright, privacy, or trespassing laws.
Entries may be subject to verification prior to prize drawing. Entrants may not exceed fifteen (15) entries during the Entry Period, regardless of method of entry used (the “Limit”). For example, an Entrant who sells eighty (80) Mats and submits ten (10) AMOE’s during the Entry Period shall only be entitled to fifteen (15) entries.
Any personally identifiable information collected during the Entry Period in connection with this Sweepstakes will be collected and used by FODS solely and exclusively for the administration and fulfillment of this Sweepstakes and only as described in these Official Rules.
3.PRIZE: Ten (10) winners will be selected at 3:00 p.m. MST on September 24, 2021, in a random drawing from among all eligible entries received during the Entry Period. The first randomly drawn entry shall be the first grand prize winner, the second shall be the second grand prize winner, the third shall be the third grand prize winner, the fourth shall be the fourth grand prize winner, the fifth shall be the fifth place winner, the sixth shall be the sixth place winner, the seventh shall be the seventh place winner, the eighth shall be the eighth place winner, the ninth shall be the ninth place winner, and the tenth shall be the tenth place winner. The grand prize (4 winners) shall be a flight in a Aero L-39 Albatros, or Five Thousand Dollars ($5,000.00). Fifth prize shall be one (1) Sony 85" Class - X81CH Series - 4K UHD LED LCD TV or Twenty Two Hundred Dollars ($2200.00). Sixth prize shall be Sony 75" Class - X90CH Series - 4K UHD LED LCD TV or Fifteen Hundred Dollars ($1500.00). Seventh prize shall be one (1) Sony 65" Class - X90CH Series - 4K UHD LED LCD TV or Eleven Hundred Dollars ($1100.00). Eighth prize shall be one (1) Apple iPad Pro 11" A12Z Bionic Chip 512GB - Silver or One Thousand Dollars ($1000.00). Ninth prize shall be one (1) Apple Watch Series 6 44mm GPS + Cellular or Five Hundred Dollars ($500.00). Tenth prize shall be one (1) Apple AirPods Pro or Two Hundred Dollars ($200.00).
No responsibility is assumed by FODS for lost, late, or misdirected entries or any computer, online, telephone, or technical malfunctions that may occur. All entries become the property of FODS and will not be returned.
4.ODDS: The estimated odds of winning will depend upon the total number of eligible entries received.
5.PRIZE RESTRICTIONS/CONDITIONS: Prizes are non-transferable. No substitution, transfer, or assignment of prize permitted, except that FODS reserves the right to substitute a prize of equivalent value in the event the offered prize is unavailable. All taxes on prizes are the sole responsibility of the prize winner. FODS does not make any representation about the functionality of the prize. At the expense of the winner, all issues and questions regarding the prize and operation must be directed to the prize manufacturer or supporting companies. FODS will deliver the prizes F.O.B. Destination to anywhere in the United States. Prize winners are responsible for any other related costs.
6.DRAWING: Each prize will be individually awarded in a random drawing conducted 3:00 p.m. MST on September 24, 2021 from among all eligible entries received.
7.NOTIFICATION OF WINNER/AWARDING OF PRIZE: The winner will be notified by phone, e-mail, and/or a traceable form of delivery. If return response is not timely or if prize notification or e-mail is returned as undeliverable, prize may be forfeited and awarded to an alternate winner. To receive the winners’ list for this sweepstakes, please contact FODS at the address below. The winners’ list will be available after winner validation has been completed.
8.ADDITIONAL TERMS: Entrants agree to abide by the terms of these official rules and by the decisions of FODS, which are final and binding on all matters pertaining to this Sweepstakes. By participating in this Sweepstakes, Entrant agrees to: (a) abide by these Official Rules and the decisions of FODS, which shall be final; and (b) release, discharge and hold harmless FODS, its affiliates, subsidiaries and promotion and advertising agencies, their parent, affiliates, subsidiaries and related companies, including without limitation any telephone network or service providers and their respective parents, subsidiaries, affiliates, related companies, divisions, advertising and promotion agencies and the respective employees, directors and officers of the foregoing (collectively "Releasees"), from and against any/all claims, losses, injuries or damages, including death, resulting from the acceptance, use or misuse of any prize and/or participation in this Sweepstakes. By accepting the prize, winner agrees and consents, where legal, to the use of his/her name and/or likeness without further authorization, compensation or remuneration of any kind for advertising, promotions, and other publicity purposes in all media and on the internet conducted by FODS, and upon request, will provide such consent in writing. FODS reserves the right, in its sole discretion, to disqualify any individual found to be tampering with the entry process or the operation of this Sweepstakes, to be acting in violation of these Official Rules, or to be acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Any use of robotic, automatic, programmed or similar entry methods will void all such entries submitted by such methods. In the event of a dispute as to entries submitted by multiple users having the same e-mail account, the authorized subscriber of the e-mail account used to enter this Sweepstakes at the actual time of entry will be deemed to be the participant and must comply with these Official Rules. The authorized account subscriber is deemed to be the natural person who is assigned an e-mail address by an internet access provider, online service provider or other organization responsible for assigning e-mail addresses or the domains associated with the submitted e-mail addresses. This Sweepstakes is governed by the laws of the United States and the State of Colorado, with venue in DENVER, COLORADO. CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAW AND, SHOULD AN ATTEMPT BE MADE, FODS RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
9.LIMITATIONS OF LIABILITY: FODS is not responsible for any late, lost, illegible, incomplete or misdirected entries, or responsible for incorrect or inaccurate information, whether by any of the equipment or programming associated with or utilized in this Sweepstakes; any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction. If, for any reason this Sweepstakes cannot be conducted as planned by reason of infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Releasees which, in the sole opinion of FODS, corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, FODS reserves the right, in its sole discretion, to cancel, terminate, modify or suspend this Sweepstakes or the drawing and may conduct drawing and select a winner from among all eligible entries received for the drawing prior to the action taken. In no event will FODS and/or Releasees be responsible or liable for any damages or losses of any kind, including direct, indirect, incidental, consequential, or punitive damages arising out of or related to these Official Rules or this Sweepstakes. Without limiting the foregoing, everything on the site is provided "as is" without warranty of any kind, either expressed or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose or non-infringement. Some jurisdictions may not allow limitations or the exclusions of liability for incidental or consequential damages, or exclusion of implied warranties, so some of the aforementioned limitations or exclusions may not apply. You further understand and agree that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived. You acknowledge that Section 1542 provides that: “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.” The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims. Check local laws for any restrictions or conditions regarding these limitations and/or exclusions.
10.OFFICIAL RULES/WINNERS LIST REQUESTS: For a copy of these Official Rules, mail a self-addressed, stamped envelope to: FODS Sweepstakes, 98 Inverness Drive East #350, Englewood, Colorado 80112 for receipt by September 24, 2021. For the name of the winners after the winner list has been validated, mail a self-addressed, stamped envelope to: FODS Sweepstakes, 98 Inverness Drive East #350, Englewood, Colorado 80112.