Smoky Stone Sweepstakes Celebrating the Alamo's 5th Anniversary
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.
1. TO ENTER: The Smoky Stone Sweepstakes Celebrating the Alamo's 5th Anniversary (the “Sweepstakes”) begins on March 9th, 2020 at 12:00:01 a.m. Eastern Time and ends on April 2nd, 2020 at 11:59:59 p.m. Eastern Time (the “Entry Period”). Sponsor’s (as defined below) designated computer is the official time clock for this Sweepstakes. To enter the Sweepstakes, during the Entry Period visit www.SmokyStone.com/alamo (the “Site”) and complete the entry form set forth therein by providing your name, email address, phone number, and physical address to receive one (1) entry into the Sweepstakes. The entrant will be required to confirm they have read the Official Rules and are an eligible entrant and to provide the required information and submit it in accordance with the Site instructions. When you enter the Sweepstakes, you may have the opportunity to consent to receive promotional emails and reminders for upcoming Smoky Stone promotions and information about Smoky Stone products. Consenting to receive such communications is optional and is not a requirement to enter the Sweepstakes and does not improve your chances of winning. Information submitted by entrants as part of this Sweepstakes will be treated in accordance with the Sponsor privacy policies available at https://www.SmokyStone.com/privacy-policy.
All entries must be received during the Entry Period to be eligible. No entries may be submitted on behalf of another person. Limit one entry per person and per email address. If an entrant uses multiple email addresses or other means to submit more than one entry, or submits more than one entry, that person will be disqualified and not eligible to win. A properly completed and submitted entry received by the Sponsor is referred to as an “entry”. Furthermore, the prohibitions and other terms set forth in Section 7 hereof apply to any entry. An individual participating in any aspect of this Sweepstakes is sometimes referred to in these Official Rules as an “entrant.” BY PARTICIPATING IN ANY ASPECT OF THIS SWEEPSTAKES, EACH ENTRANT AGREES TO ABIDE BY THESE OFFICIAL RULES AND THE RULES, POLICIES AND PROCEDURES OF THE SERVICE(S) SUCH ENTRANT USES TO ENTER, AND TO BE CONTACTED BY SPONSOR CONCERNING THIS SWEEPSTAKES. FAILURE TO ABIDE BY THESE OFFICIAL RULES WILL VOID AN ENTRANT’S ENTRY IN THE SWEEPSTAKES.
2. ELIGIBILITY REQUIREMENTS: The Sweepstakes is open to legal Collier and Lee County residents, who are of at least 18 years of age or older and of the age of majority in their jurisdiction of residence as of the date of entry submission, who are located in the “Entry Radius” (as defined below) as of March 13, 2020 and who are otherwise eligible in accordance with these Official Rules. The “Entry Radius” is the area within thirty (30) miles from Naples Alamo Range as measured using Google Maps driving directions (least distance). The Sweepstakes is subject to all applicable federal, state, and local laws. Void where prohibited or where restricted by law in a manner inconsistent with these Official Rules.
AN ENTRANT’S ENTRY INTO THIS SWEEPSTAKES IS A REPRESENTATION THAT THE ENTRANT HAS COMPLIED WITH THESE OFFICIAL RULES AND THAT THE ENTRANT IS AT LEAST 18 YEARS OF AGE AND OF THE AGE OF MAJORITY IN HIS OR HER JURISDICTION OF RESIDENCE.
3. RANDOM DRAWING TO DETERMINE WINNER: Eligible entries will be entered into a random drawing to be conducted on or about April 3rd, 2020. Subject to verification and compliance with the Official Rules, one (1) entrant will be selected to receive the Prize (as defined in Section 5 below).
4. NOTIFICATION OF SELECTED ENTRANT; DESIGNATION OF WINNER: One (1) Prize winner will be confirmed following selection by a random drawing on or about the date specified in Section 3 of these Official Rules and subject to compliance with the Official Rules. Sponsor will attempt to notify the entrant who has been selected in the drawing on or around April 4th, 2020 by the information provided in the entry. To be confirmed as the winner, the selected entrant will be required to respond within seven (7) days of notification attempt. Following timely receipt of the answer and confirmation by Sponsor of compliance with the Official Rules, a selected entrant will be confirmed the winner and will receive the Prize for which his/her entry was selected.
5. PRIZE: The following Prize will be awarded to the one verified entrant who is determined the Prize winner: four thousand dollars and eight hundred ($4,800) awarded in the form of a store credit to be used to purchase a Smoky Stone outdoor kitchen (“Prize” or “prize”). The Prize awarded can be only used for outdoor granite countertops and is enough to build an 8 foot long outdoor kitchen made out of LEVEL 1 granite slabs in stock at Smoky Stone. If Prize winner decides to use slabs from another supplier (aka "not in stock"), Smoky Stone will provide labor to cut, fabricate and install a maximum of 70SF of countertops. Prize can not be used to purchase products that are not in inventory at Smoky Stone. Approximate retail value (“ARV”) of the Prize is Four thousand and eight hundred dollars ($4,800). If the actual value of the Prize is less than the stated ARV, the difference will not be awarded. Prize winner will be charged for the cost difference if the outdoor kitchen exceeds the stated ARV. Other restrictions may apply. The Prize is not redeemable for cash. No transfer or substitution of Prize permitted except where required by law. Sponsor reserves the right to award Prize (or portion of Prize) of equal or greater value, in its sole discretion. Odds of winning depend on the total number of entries received. All federal, state, local, and municipal taxes and any expenses, costs, duties or fees associated with the acceptance and/or use of the Prize are the sole responsibility of the Prize winner. All expenses, costs and fees not expressly included above are the sole responsibility of Prize winner. Sponsor and the Sweepstakes Parties assume no responsibility or liability for damages, losses, or injury resulting from acceptance or use of the Prize or participation in the Sweepstakes. The total number of prizes to be awarded in the Sweepstakes is one (1).
6. GENERAL CONDITIONS: By participating in the Sweepstakes, entrants agree to these Official Rules and the decisions of Sponsor with respect to the Sweepstakes and the awarding of any prize, which shall be final and binding in all respects. Sponsor and its agents are not responsible for late, lost, illegible or postage-due entries or communications, technical, hardware, software or telephone malfunctions of any kind, lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications or by any of the equipment or programming associated with or utilized in this Sweepstakes, or by any human error which may occur in the processing of the entries in this Sweepstakes, or for any liability for damage to any computer system resulting from participation in, or accessing or downloading information or applications in connection with this Sweepstakes. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. If, for any reason, the Sweepstakes is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes process, then Sponsor reserves the right at its sole discretion to cancel or modify the Sweepstakes. If a court of competent jurisdiction deems any provision of these Official Rules invalid or unenforceable, such provisions shall be enforced to the maximum extent permitted and the remaining provisions of the Official Rules shall remain in full force and effect.
7. UNSPORTSMANLIKE CONDUCT: Sponsor reserves the right in its sole discretion to disqualify any individual that tampers or attempts to tamper with the operation of the Sweepstakes; violates the Official Rules, or acts in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Any use or attempt to use multiple e-mail or other accounts or other tactics to enter more than the stated limit of this Sweepstakes may result in disqualification and all associated entries will be void. Any use of robotic, automatic, macro, programmed or like entry methods will void all such entries by such methods and persons using any like methods will be disqualified. Each online entry submission must be entered by the individual entrant.
8. LIMITATIONS OF LIABILITY AND RELEASE: BY PARTICIPATING IN ANY ASPECT OF THE SWEEPSTAKES, YOU AGREE TO THE FULL EXTENT PERMITTED BY LAW TO RELEASE AND HOLD HARMLESS SPONSOR, THE SWEEPSTAKES PARTIES, AND THEIR RESPECTIVE PARENT, SUBSIDIARIES, AFFILIATED ENTITIES, AGENTS, ADVERTISING AND SWEEPSTAKES AGENCIES, AND ALL OF THEIR RESPECTIVE SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES AND ASSIGNS, MEMBERS, REPRESENTATIVES AND AGENTS (COLLECTIVELY, THE “RELEASED PARTIES”), FROM AND AGAINST ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF PARTICIPATION IN ANY PART OF THE SWEEPSTAKES (INCLUDING, WITHOUT LIMITATION, PREPARING FOR OR PARTICIPATING IN OR SUBMITTING ANY ENTRY AND/OR FROM ANY SWEEPSTAKES RELATED ACTIVITY) OR RECEIPT OR USE OF ANY PRIZE, INCLUDING PROPERTY DAMAGE, PERSONAL INJURY OR DEATH. EACH ENTRANT FURTHER AGREES THAT IN ANY CAUSE OF ACTION, THE RELEASED PARTIES’ LIABILITY WILL BE LIMITED TO THE OUT OF POCKET COST OF PARTICIPATING IN THE SWEEPSTAKES, AND IN NO EVENT SHALL THE SWEEPSTAKES PARTIES BE LIABLE FOR ATTORNEYS’ FEES, PUNITIVE, CONSEQUENTIAL, DIRECT OR INDIRECT DAMAGES AND EACH ENTRANT WAIVES THE RIGHT TO CLAIM ANY DAMAGES WHATSOEVER. YOU HEREBY WAIVE ALL RIGHTS AND RELEASE EACH OF THE RELEASED PARTIES FROM ANY CLAIM OR CAUSE OF ACTION, WHETHER NOW KNOWN OR UNKNOWN, OF ANY KIND, INCLUDING BUT NOT LIMITED TO DEFAMATION, INVASION OF RIGHT TO PRIVACY, PUBLICITY OR PERSONALITY OR ANY SIMILAR MATTER, RELATING TO THE SWEEPSTAKES, THE OPERATION THEREOF, OR ANY ENTRY, OR BASED UPON OR RELATING TO THE USE AND EXPLOITATION OF THE ENTRY AS CONTEMPLATED HEREIN, EITHER INTENTIONALLY OR OTHERWISE. YOU HEREBY REPRESENT AND WARRANT THAT YOU HAVE READ THESE OFFICIAL RULES AND ARE FULLY FAMILIAR WITH THEM.
9. APPLICABLE LAWS AND JURISDICTION: Issues concerning the construction, validity, interpretation and enforceability of these Official Rules shall be governed by the laws of the State of Florida. All disputes arising out of or connected with this Sweepstakes will be resolved individually, and without resort to class action, exclusively by the exclusive personal jurisdiction and venue of the Circuit Court of Collier County, Florida, USA; All judgments or awards shall be limited to actual out-of-pocket damages (excluding attorneys’ fees) associated with participation in this Sweepstakes and shall not include any indirect, punitive, incidental and/or consequential damages.
10. SPONSOR: This Sweepstakes is sponsored by Smoky Stone Corp. (“Sponsor”), 2400 Vanderbilt Beach Rd. Suite 108, Naples, FL 34109 (the “Sweepstakes Address”).