NITRO CIRCUS 2020 ENTER TO WIN CONTEST
NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE THE CHANCES OF WINNING. VOID WHERE PROHIBITED.
Promoter: Nitro Circus Live Touring USA, Inc. of 1000 Calle Amanecer, San Clemente CA 92673, USA (“Nitro Circus” or “Promoter”).
Sponsor: Tractor Supply Company of [ ] (“Tractor Supply” or “Sponsor”)
Contest: The Nitro Circus 2020 Enter To Win Contest (the “Contest”) is a free-draw sweepstake contest sponsored, owned and operated by the Promoter.
1. Eligibility: This Contest is open only to those who are residents of the 50 United States and the District of Columbia who are at least 18 years of age or older as of the date of entry. The Contest is subject to all applicable federal, state, and local laws and regulations. Void where prohibited by law. Directors, officers, members, managers, and employees of Promoter or Sponsor, and any of their respective parent companies, affiliate companies, subsidiaries, agents, professional advisors, advertising, promotional, public relations, and fulfillment agencies, consultants, legal counsel, website providers, web masters, and immediate family members (spouses, parent, child, sibling, grandparent, and “step” child, wherever they may live) of each are not eligible to win the prize. IF YOU DO NOT MEET ANY OF THESE REQUIREMENTS, OR ANY OTHER ELIGIBILITY REQUIREMENTS IN THESE OFFICIAL RULES, YOU ARE NOT ELIGIBLE TO WIN THE PRIZE.
2. Agreement to Rules: By participating, you (or “Contestant”) 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 Nitro Circus as final and binding as it relates to the content of this Contest.
3. Contest Period: Entries will be accepted online starting on June 26, 2020 and ending no later than 11:59pm (PT) on July 2, 2020 (unless otherwise determined by Nitro Circus).
4. How to Enter: The Contest must be entered by submitting an entry using the online form provided at https://go.nitrocircus.com/tb_app/451265. The entry must fulfill all Contest requirements, as specified, to be eligible to win the Prize. Entries that are incomplete or do not adhere to the rules or specifications may be disqualified at the sole discretion of Nitro Circus.
There is a maximum of one (1) entry per person. Any attempt by any Contestant to obtain more than one entry by using any means will void that Contestant’s entries in excess of the entry limit applicable and that Contestant may be disqualified from the Contest altogether at the sole discretion of Nitro Circus. In the event of a dispute as to the ownership of an entry, such entry will be deemed made by the authorized account holder of the email address provided on the online entry form. All such determinations as to ownership of entry shall be made by Nitro Circus in its sole discretion.
If you are participating in this Contest via your mobile device (which service may only be available via select devices and participating wireless carriers and is not required to enter), you may be charged for standard data use from your mobile device according to the terms in your wireless service provider’s data plan. Normal airtime and carrier charges and other charges may apply to data use and will be billed on your wireless device bill or deducted from your pre-paid balance. Each wireless carrier’s rate plan may vary, and you should contact your wireless carrier for information on data plans and charges relating to your participation in this Contest.
5. Prize: The Winner of the Contest (the “Winner”) will receive both: (i) one (1) Team Puerto Rico Riding Jersey signed by Travis Pastrana; and (ii) a Nitro Circus merchandise pack, to be determined by Nitro Circus in its sole discretion (collectively, the “Prize”). The approximate retail value of the Prize is USD$450, however, actual/appraised value may differ at time of prize award. The specifics of the Prize shall be subject to change and shall be solely determined by Nitro Circus in its sole discretion. No cash or other prize substitution shall be permitted except at Nitro Circus’s sole discretion. The Prize is non-transferable. 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 the Prize or transfer/assignment of the Prize to others or request for the cash equivalent by Winner is permitted. Acceptance of Prize constitutes permission for Nitro Circus to use Winner’s name, likeness, and entry for purposes of advertising and trade without further compensation, unless prohibited by law. Except for applicable manufacturers standard warranties, the Prize is awarded “AS IS” and WITHOUT WARRANTY OF ANY KIND, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose).
6. Odds: The odds of winning the Prize depends on the number of eligible entries received.
7. Winner Selection and Notification: The Winner will be chosen on or about June 7, 2020 by random selection from among all eligible entries received. The Winner will be contacted by email within five (5) days following conclusion of the Contest Period and Winner Selection to arrange for delivery of the Prize. Nitro Circus shall have no liability for the Winner’s failure to receive notices due to spam, junk e-mail or other security settings or for the Winner’s provision of incorrect or otherwise non-functioning contact information. If the Winner cannot be contacted, is ineligible, fails to claim the prize within 3 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 the Winner of the prize offered in this Contest is conditioned upon compliance with any and all federal, state, and local laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY THE WINNER (AT NITRO CIRCUS’ SOLE DISCRETION) WILL RESULT IN WINNER’S DISQUALIFICATION AS WINNER OF THE CAMPAIGN, AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED. Each potential winner is subject to verification by the Promoter, whose decisions are final and binding in all matters related to the Contest. A Contestant is not a Winner unless and until the Contestant’s eligibility has been verified and the Contestant has been notified that verification is complete and no further action is needed.
8. Terms & Conditions: Nitro Circus reserves the right, in its sole discretion, to change these Official Rules at any time in its sole discretion and/or cancel, terminate, modify or suspend the Contest or any Contestant’s participation in the Contest should events beyond the Promoter’s reasonable control (such as viruses, bugs, non-authorized human intervention, fraud, or other cause beyond Nitro Circus’ control) corrupt or affect the administration, security, fairness, or proper conduct of the Contest or the Promoter otherwise becomes incapable of running the Contest as planned (as determined in its sole discretion). In such case, Nitro Circus may select the Winner from all eligible entries received prior to and/or after (if appropriate) the action taken by Nitro Circus. Nitro Circus 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 Contest or website or violates these Terms & Conditions. Nitro Circus has the right, in its sole discretion, to maintain the integrity of the Contest, to 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 Contest 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 Contest may be a violation of criminal and civil laws. Should such attempt be made, Nitro Circus reserves the right to seek damages to the fullest extent permitted by law.
9. Release and Limitation of Liability: By entering, you agree to release and hold harmless Nitro Circus and Sponsor and their respective parents, related entities, subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers, and directors (“Released Parties”) 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 Contest 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; or (v) electronic or human error in the administration of the Promotion or the processing of entries.
Nitro Circus is not responsible for: (i) technical problems or technical malfunction which may affect the operation of the Contest, including but not limited to any of the following occurrences (a) hardware or software errors; (b) faulty computer, telephone, cable, satellite, network, electronic, wireless or Internet connectivity or other online communication problems; (c) errors or limitations of any Internet service providers, servers, hosts or providers; (d) garbled, jumbled or faulty data transmissions; (e) failure of any e-mail transmissions to be sent to or received; (f) any inability to upload or download any information in connection with participation in the Contest; (g) inaccessibility of Contest platform or the Website, in whole or in part for any reason, or traffic congestions on the Internet; (h) lost, late, delayed, corrupted or intercepted e-mail or Submission transmissions; (i) unauthorized human or non-human intervention of the operation of the Contest, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, worms; (j) destruction of any aspect of the Contest, or loss, miscount, misdirection, inaccessibility or unavailability of an account used in connection with the Contest, including but not limited to, undeliverable contact attempts that result from any form of active or passive email filtering by a user’s Internet service provider and/or email client or for insufficient space in user’s account to receive email; (k) any typographical errors in the announcement of prizes or these Official Rules, or any inaccurate or incorrect data contained on the Website or Contest platform; (ii) flood, earthquake or other acts of God; (iii) work stoppages or other labor interruptions; or (iv) any personal injury, death, or property damage or losses of any kind which may be sustained to user’s or any other person’s computer equipment resulting from participation in the Contest, use of the Website, Contest platform, filming of Submissions, or the download of any information from the Website or Contest platform.
IN NO EVENT WILL NITRO CIRCUS, SPONSOR OR RELEASED PARTIES BE LIABLE TO CONTESTANTS FOR ANY DIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH CONTESTANTS’ PARTICIPATION IN THE CONTEST, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT SPONSOR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
10. Disputes: THIS CONTEST IS GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Contest, you agree that any and all disputes that cannot be resolved between the parties, and causes of action arising out of or connected with this Contest, shall be resolved individually, without resort to any form of class action, exclusively before a court located in CALIFORNIA having jurisdiction. Further, in any such dispute, under no circumstances shall any Contestant be permitted to obtain awards for, and hereby waives all rights to, punitive, incidental, or consequential damages, including reasonable attorney’s fees, other than Contestant actual and verifiable out-of-pocket expenses (i.e. costs associated with entering this Contest). Participant further waives all rights to have damages multiplied or increased.
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