BUSH’S CANPER SWEEPSTAKES
OFFICIAL RULES
NO PURCHASE NECESSARY. INTERNET ACCESS IS REQUIRED TO ENTER. SWEEPSTAKES IS VOID OUTSIDE THE UNITED STATES, THE DISTRICT OF COLUMBIA AND WHERE PROHIBITED OR RESTRICTED BY LAW OR REGULATION.
SPONSOR: BUSH BROTHERS & COMPANY, 1016 East Weisgarber Road, Knoxville, TN 37909-2660 (the “Sponsor”).
ADMINISTRATOR: PCG365, LLC, P.O. Box 1008, Manhasset, NY 11030 (the “Administrator”).
TIMING: The Bush’s Canper Sweepstakes (“Sweepstakes”) begins on 12:00:00 AM Central Time (“CT”) on April 5,, 2023 and ends at 11:59:59 PM CT on April 26, 2023 (“Sweepstakes Period”).
ELIGIBILITY: This Sweepstakes is open to legal residents of the fifty (50) United States and the District of Columbia who are at least twenty-one (21) years of age at the time of entry (individually defined as “Entrant” and collectively defined as “Entrants”). Employees, officers, and directors of Sponsor, Administrator, Zeno Group, Inc., and each of their parent and affiliated companies, subsidiaries, distributors, retailers, dealers, sales representatives, their advertising and promotion agencies, and any and all other companies associated with the Sweepstakes (collectively, the “Sweepstakes Entities”), and each of their immediate family members and/or people living in the same household are not eligible to participate. Any person who has been convicted in a court of law or entered a plea of guilty or no contest to any felony or any crime involving moral turpitude, dishonesty or theft within the 10-year period prior to April 5, 2023 will not be eligible to enter or win a prize. All eligibility is subject to all federal, state and local laws and regulations. Sponsor’s database clock will be the timekeeper for this Sweepstakes.
HOW TO ENTER: To participate, go to www.bushscanper.com and complete the Entry form as directed by submitting (i) Your complete name, mailing address, email address, telephone number that you frequently use and your birth date; and (ii) Select up to three (3) U.S. National Parks that appear on the Entry Form (Big Bend National Park, The Great Smoky Mountains National Park and The Grand Teton National Park) and that you would like to visit if you are selected as a Grand Prize Winner (i and ii, individually defined as “Entry” and collectively defined as “Entries”). Limit one (1) Entry per person.
Entries will not be acknowledged or returned, and the Sponsor has the right to dispose of Entries at Sponsor’s sole discretion. Sponsor is not responsible for any lost, late, misdirected, illegible, incomplete, mutilated, postage due or mechanically reproduced Entries or Entries that have been tampered with or not obtained through legitimate channels, all of which will be disqualified. Mechanically reproduced Entries or Entries generated or submitted with the use of a robotic, automated, macro, or script device, or other automated means or any other means intended to impact the integrity of the Sweepstakes as determined by Sponsor in Sponsor’ sole discretion may be disqualified. Use of automated entry or similar devices as defined herein but not limited to, aggregator sites and or provided links, or contracted services, which are used to participate, “game” or subvert the Entry process is prohibited and all postings submitted or otherwise effectuated through such devices are void and will not be honored in any way. Persons found tampering with or abusing any aspect of the Sweepstakes, or whom Sponsor believes to be causing malfunction, error, fraudulent activity of any kind, disruption or damage will be disqualified from the Sweepstakes. Sponsor is not responsible for illegible, incomplete or stolen Entries or Entries that are processed late or are lost, stolen or deleted due to computer or electronic malfunction or other error. By submitting an Entry, each Entrant agrees to abide by the terms of these Official Rules. Sponsor will not assume responsibility for any third party’s failure to act in accordance with its instructions pertaining to Sweepstakes implementation.
Entries submitted by any Entrant who does not meet the eligibility requirements (including all requirements with respect to age and residence), as determined by Sponsor in its sole discretion, may be disqualified. By participating in the Sweepstakes, each entrant contact (as defined below) unconditionally accepts and agrees to comply with, be bound by and abide by these Official Rules, and the decisions of the Sponsor and/or the Administrator, whose decisions shall be final and legally binding in all respects
Except as otherwise contemplated in these Official Rules, and to the extent Entrants may otherwise elect at the time of entry, personal information collected in connection with the Sweepstakes will be used in accordance with Sponsor’s privacy policy located at: https://www.bushbeans.com/en_US/privacy-policy.
Use of a mobile device to participate in this Sweepstakes is not required. If you use a mobile device to enter the Sweepstakes, message and data rates may apply, and Entrants will be solely responsible for any and all applicable charges. Please consult your wireless-service provider regarding its pricing plans.
WINNER SELECTION: RANDOM DRAWINGS/ODDS OF WINNING: All Entries received during the Sweepstakes Period will be sorted by the U.S. National Park selections listed on the Entry Forms and three (3) entry pools will be created (each an “Entry Pool”) as follows: The Big Bend Entry Pool, the Great Smoky Mountains Entry Pool and the Grand Teton Entry Pool. One (1) prize winner will be selected from among all of the eligible Entries received in each Entry Pool (each a “Random Drawing”) for a total of three (3) prize winners (each a “Grand Prize Winner”). The three (3) Random Drawings will be conducted on or about April 27, 2023. Odds of winning depend upon the total number of eligible Entries received in each Entry Pool. The Random Drawings will be conducted by the Administrator using randomization methods determined by the Administrator in its sole discretion. Entries are subject to verification of eligibility and compliance with the terms of these Official Rules. All prizes may not be awarded in the event an insufficient number of eligible Entries are received for any Entry Pool stated herein. If there is a dispute regarding the identity of a Grand Prize Winner, the registered account holder of the email account used to submit a winning Entry will be deemed the Grand Prize Winner, subject to such owner’s compliance with the Official Rules.
PRIZE WINNER NOTIFICATION: Receiving a prize is contingent upon compliance with these Official Rules. Sponsor will attempt to notify the selected Grand Prize Winners by the email account used for Entry on or about April 28, 2023. The Sweepstakes Entities shall have no liability for any winner notification that is lost, intercepted or not received by a potential winner for any reason. Time is of the essence in awarding each prize. If, despite reasonable efforts, a potential winner does not respond within three (3) business days of the first notification attempt, or if the prize or winner notification is returned as unclaimed or undeliverable to such potential winner, such potential winner will forfeit his or her prize and an alternate winner may be selected. If any potential winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines a prize for any reason prior to award, such potential winner will be disqualified and an alternate winner may be selected. Administrator may successively attempt to contact up to five (5) potential winners of an applicable prize in accordance with such procedure, and if there is still no confirmed winners of such applicable prize after such attempts have been made, if any, the corresponding prize may go unawarded.
THREE (3) GRAND PRIZES: Each Grand Prize Winner will receive one (1) trip for Grand Prize Winner and one (1) Guest to the designated U.S. National Park consisting of (i) round trip economy class air transportation between major commercial airport nearest Grand Prize Winner’s residence and major commercial airport nearest the designated U.S. National Park; (ii) round trip ground transportation between arriving major commercial airport and the Bush’s Bean’s Canper location near the designated U.S. National Park; (iii) three (3) days/ two (2) nights’ stay in the Bush’s Bean Canper; (iv) chef prepared breakfast and dinner onsite daily; (v) one (1) Excursion available in or around the designated U.S. National Park as determined by Sponsor; (vi) use of Camping Gear designated by Sponsor; and (vii) one (1) $200 American Express Gift Card ( i, ii, iii, iv, v, vi and vii, each a “Grand Prize”). The approximate retail value (“ARV”) of each Grand Prize: up to $6,000. Total ARV of all prizes: up to $18,000.
Each Grand Prize Winner must agree to travel on dates between June and September 2023 as designated by Sponsor. Final dates subject to determination by Sponsor based on park availability and other variables. In the event a Grand Prize Winner cannot travel on dates designed by Sponsor, that Grand Prize Winner will be disqualified and that Grand Prize will be awarded to an alternate Grand Prize Winner in a Random Drawing from among all remaining eligible Entries received in the corresponding Entry Pool, provided sufficient time remains prior to the Sponsor’s designated travel dates.
The specifics of all elements of each Grand Prize stated herein shall be solely determined by Sponsor. Sponsor will have no further obligation to a Grand Prize Winner who has been disqualified and will not replace any disqualified prize. No transfer or assignment of a Grand Prize permitted. Cash substitution is not allowed. Each Grand Prize Winner is solely responsible for all taxes on the Grand Prize as applicable. Each Grand Prize Winner will be required to provide Social Security number to Sponsor or its designated agent for tax reporting purposes and will be issued a 1099 form for the value of the prize. Each Grand Prize Winner is solely responsible for any and all expenses and incidental travel costs not expressly stated in the Grand Prize Trip description herein, including but not limited to, ground transportation between winner’s residence and airport of departure, ground transportation not stated herein, overnight stays en route to destination, gratuities, souvenirs, insurance, travel upgrades, baggage fees, and personal incidentals. All Grand Prize Trip details not specified in the Official Rules will be determined in Sponsor’s sole and absolute discretion. Selection of airline and departure airport are solely within Sponsor’s sole discretion. Each Grand Prize Winner is responsible for any air travel taxes and/or expenses, including applicable departure taxes or fees, and security charges. Once issued, airline tickets are nontransferable and may not be reissued. Travel arrangements must be made through Sponsor and arrangements are subject to air travel, availability and other prize and travel restrictions. All Grand Prize travel elements must be redeemed at the same time. The actual value of a Grand Prize may vary based on various factors, including fluctuations in price for airfare and/or accommodations, and distance between the point of departure and the destination. In the event a Grand Prize Winner resides within one hundred twenty (120) miles from the U.S. National Park selected on the Entry, that Grand Prize Winner will be provided with round-trip ground transportation between Grand Prize Winner’s residence and the designated U.S. National Park; and no compensation will be provided in lieu of the difference in value between the round-trip ground transportation and round-trip air transportation. Each Grand Prize Trip may be subject to certain other restrictions, including without limitation blackout dates, availability, capacity controls, and other restrictions. Sponsor’s Designated Travel Dates are subject to change. Sponsor will attempt to accommodate each Grand Prize Winner’s preferred itinerary, but all itineraries and specifics thereof will be at Sponsor’s sole discretion. No changes to travel arrangements will be permitted once any element of a Grand Prize-related travel is booked. Sponsor will not replace any lost or stolen tickets, travel vouchers, or certificates once delivered to a Grand Prize Winner. Travel is subject to any additional terms and conditions set forth in these Official Rules and those set for by Sponsor’s air travel and prize suppliers, availability may vary, and material restrictions may apply. Airline tickets issued in conjunction with each Grand Prize are not eligible for upgrades, frequent flyer miles, or any other promotional benefit. No stopovers are permitted on Grand Prize-related tickets; if a stopover occurs, any outstanding portions of a Grand Prize will immediately terminate and that Grand Prize Winner will be charged the full fare for the remaining trip segment, including return travel. No refund or compensation will be made if a flight is canceled or delayed. Any unclaimed and/or unused portion of a Grand Prize will be forfeited upon travel completion and will remain the property of Sponsor. In the event an element of a Grand Prize is not available, Sponsor may substitute an element of equal or greater value. Guest must be twenty-one (21) years of age or older unless guest is the child or ward of the Grand Prize Winner and must travel on the same itinerary on the Designated Travel Dates. A Grand Prize Winner will not be awarded additional compensation if winner travels without an eligible Guest. Each Grand Prize Winner and his/her Guest must have a valid U.S. Government issued Identification, and must meet all other requirements imposed by law, air carrier and/or other transportation companies in order to travel. Sponsor and Travel Providers shall not be responsible for any cancellations, delays, diversions or substitution or any act or omissions whatsoever by the air carriers or other transportation companies or any other persons providing any of these services and accommodations to passengers, such as changes in services or accommodations necessitated by same. Sponsor and Travel Providers shall not be liable for any loss or damage to baggage or other items. If a Grand Prize Winner is unable to or cannot otherwise fully enjoy the Grand Prize due to any reason, Sponsor shall have the option at its sole discretion of being relieved of liability for fulfillment of that Grand Prize award, and no other compensation in lieu of the Grand Prize will be awarded. All travel is subject to any and all restrictions instituted by the Department of Defense and/or Department of Homeland Security, The Centers for Disease Control, the National Park Service and federal, state and local health departments, as required and if borders are closed due to COVID/any pandemic, Sponsor is not responsible. All travelers must agree to abide by the latest travel guidelines/requirements at time of travel. All travelers must also pass any required medical testing (at their own expense) and comply with any additional requirements, at any time, that may be required or recommended by any government agency, airline, or Sponsor, including without limitation, passing one or more COVID-19 antigen and screening tests, and testing negative for COVID-19 or having been vaccinated and boosted against COVID-19. Travelers may also be required to execute any assumption of risk and/or other documents relating to personal injury and/or COVID-19 or he/she may not be permitted to travel or participate in an excursion. Sponsor, Sweepstakes Administrator and the Sweepstakes Entities are not responsible for any theft, personal injury, illness and/or death that could take place during a Grand Prize Trip, including but not limited to exposure to viruses associated with the COVID-19 pandemic and other communicable diseases. Winner and guest must comply with all local national park rules, regulations and restrictions. Each Grand Prize Winner and his/her Guest are responsible for obtaining their own medical and life insurance and the associated costs.
GENERAL PRIZE CONDITIONS: Prizes will be awarded only if each potential prize winner fully complies with these Official Rules. All portions of the prizes are non-assignable and non-transferable. Prizes pictured in point-of-sale, online, television and print advertising, promotional packaging, and other Sweepstakes materials are for illustrative purposes only. Actual prizes may vary from the prizes pictured. All details and other restrictions of the prizes not specified in these Official Rules will be determined by Sponsor in its sole discretion. No cash alternative or substitution of the prizes will be allowed, except Sponsor reserves the right in its sole discretion to substitute prizes of comparable value if any prize listed is unavailable, in whole or in part, for any reason. All terms and conditions of gift cards apply. Each Grand Prize Winner shall be solely responsible for all federal, state and/or local taxes, and the reporting consequences thereof, and for any other fees or costs associated with the applicable prize. Sponsor may, in its sole discretion, deduct or withhold the amount of applicable tax on any cash or cash equivalent prize. The Sponsor will issue and file an IRS Form 1099 or equivalent tax withholding documentation for the retail value of any prize or other items of value transferred to each prize winner by the Sponsor in accordance with IRS requirements, and the Sponsor may also share such documentation with a state or local government agency as required by law. Refusal or failure of each prize winner to satisfy the requirements of all necessary and appropriate tax, withholding or other required compliance terms (including Social Security number, IRS Form W8BEN, IRS Form W9, or equivalent information), as determined by the Sponsor in its sole discretion, may result in each prize winner forfeiting the prizes and an alternate potential winner may be selected in accordance with these Official Rules. Sponsor will award prizes subject to any applicable withholding taxes, and the amount of the prize transferred, as reduced by any applicable withholding taxes, will constitute full payment of the prize, as applicable. Each potential winner will be required to execute an Affidavit of Eligibility, a Liability Release, and (where imposing such condition is legal) a Publicity Release (collectively, “Prize Claim Documents”). Guest will be required to execute a Liability and Publicity Release.
Sponsor makes no warranties, and hereby disclaims any and all warranties, express or implied, concerning any prize furnished in connection with the Sweepstakes. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUCH PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SPONSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.
GENERAL CONDITIONS/LIABILITY RELEASE/FORCE MAJEURE: Each Entrant agrees that the Sweepstakes Entities (A) shall not be responsible or liable for, and are hereby released from, any and all costs, injuries, losses or damages of any kind, including, without limitation, death and bodily injury, due in whole or in part, directly or indirectly, to participation in the Sweepstakes or any Sweepstakes-related activity, or from Entrants’ acceptance, receipt, possession and/or use or misuse of any prize, and (B) have not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to any prize, including, without limitation, to such prize’s quality or fitness for a particular purpose. The Sweepstakes Entities assume no responsibility for any damage to an entrant’s or any other person’s, computer system which is occasioned by participating in the Sweepstakes, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature. Without limiting the generality of the foregoing, the Sweepstakes Entities are not responsible for incomplete, illegible, misdirected, misprinted, late, lost, damaged, stolen, or postage-due Entries or prize notifications; or for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet service providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, difficulties or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Sweepstakes, to be acting in violation of these Official Rules, or to be acting in an unsportsman-like or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Sweepstakes, or to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. No mechanically reproduced, illegible, incomplete, forged, software-generated or other automated multiple Entries will be accepted. If a dispute as to the identity of the individual who actually submitted an Entry cannot be resolved to Sponsor’s satisfaction, the affected Entry may be deemed ineligible. Sponsor reserves the right to modify, extend, suspend, or terminate the Sweepstakes if it determines, in its sole discretion, that the Sweepstakes is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other causes beyond Sponsor’s control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of the Sweepstakes as contemplated herein. In the event an insufficient number of eligible Entries are received and/or Sponsor is prevented from awarding prizes or continuing with the Sweepstakes as contemplated herein by any event beyond its control, including but not limited to fire, flood, earthquake, windstorm, epidemic, pandemic, public health crisis, disease, virus, sickness or outbreak or other similar or dissimilar natural disaster; act of God or public enemy; riot or civil disturbance, act of any government or governmental authority, power failure, satellite or equipment failure, failure of telecommunications lines or failure or breakdown of plant, machinery or vehicles operated by a third party; labor dispute, strike, or lockout; actual or threat of war, armed conflict, terrorist attacks, war (declared, undeclared or threatened), explosion, nuclear, or chemical or biological contamination; or a government imposed travel ban, restriction on movement or gatherings, or other government imposed mandate of any kind, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), Sponsor reserves the right to modify, suspend, or terminate the Sweepstakes. If the Sweepstakes is terminated before the designated end date, Sponsor may (if possible) select the winner(s) in a random drawing from all eligible, non-suspect Entries received as of the date of the event giving rise to the termination. Inclusion in such drawing shall be each Entrant’s sole and exclusive remedy under such circumstances. Only the type and quantity of prizes described in these Official Rules will be awarded. If, for any reason, more bona fide winners come forward seeking to claim prizes in excess of the number of each type of prize set forth in these Official Rules, the winners, or remaining winners, as the case may be, of the advertised number of prizes available in the prize category in question may be selected in a random drawing from among all persons making purportedly valid claims for such prize(s). Inclusion in such drawing shall be each Entrant’s sole and exclusive remedy under such circumstances. These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with law by a duly authorized representative of Sponsor. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. If any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
GOVERNING LAW/JURISDICTION: ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR SPONSOR IN CONNECTION WITH THE SWEEPSTAKES SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF NEW YORK WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OF CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S LAWS.
ARBITRATION PROVISION: By participating in this Sweepstakes, each entrant (and any minor entrant’s parent or legal guardian) agrees: (i) that any and all disputes the entrant may have with, or claims entrant may have against, the Sweepstakes Entities relating to, arising out of or connected in any way with (a) the Sweepstakes, (b) the awarding or redemption of any prize, and/or (c) the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS; (ii) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (iii) the arbitration shall be held in in a New York County, NY; (iv) the arbitrator’s decision shall be controlled by the terms and conditions of these Official Rules and any of the other agreements referenced herein that the applicable entrant may have entered into in connection with the Sweepstakes; (v) the arbitrator shall apply New York law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (vi) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only entrant’s and/or Sponsor’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (vii) the arbitrator shall not have the power to award punitive damages against the entrant or Sponsor; (viii) if the entrant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of entrant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (ix) with the exception of subpart (vi) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (vi) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither entrant nor Sponsor shall be entitled to arbitrate their dispute. For more information on JAMS and/or the rules of JAMS, visit their website at www.jamsadr.com.
PUBLICITY RELEASE: Without in any way limiting the rights granted in the Entry as set forth above, and except where prohibited by law, acceptance of a prize constitutes a Grand Prize Winner’s permission for the Sweepstakes Entities to use each winner’s Entry (if applicable) and his or her name, social media handle, photograph, likeness, voice, biographical information, statements and address (city and state) in and in connection with advertising, marketing, promotional, and/or publicity purposes for the Sweepstakes, Sweepstakes Entities, and all uses of the Entry permitted herein, worldwide and in all forms of media and by any and all means and media now known or hereafter developed, in perpetuity, without any obligation, notice, or further compensation to the winners.
NATURE OF RELATIONSHIP/WAIVER OF EQUITABLE RELIEF: Each Entrant hereby acknowledges and agrees that the relationship between the entrant and the Sweepstakes Entities is not a confidential, fiduciary, or other special relationship, and that the Entrant’s decision to provide the Entry to Sponsor for purposes of the Sweepstakes does not place the Sweepstakes Entities in a position that is any different from the position held by members of the general public with regard to elements of the entrant’s Entry. Each Entrant understands and acknowledges that the Sweepstakes Entities have wide access to ideas, stories, designs, and other literary materials, and that new ideas are constantly being submitted to the Sweepstakes Entities or being developed by their own employees. Each Entrant also acknowledges that many ideas may be competitive with, similar or identical to the Entry and/or each other in theme, idea, plot, format or other respects. Each Entrant acknowledges and agrees that such Entrant will not be entitled to any compensation as a result of any Sweepstakes Entity’s use of any such similar or identical material. Each Entrant acknowledges and agrees that the Sweepstakes Entities do not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the Entry. Finally, each Entrant acknowledges that, with respect to any claim by entrant relating to or arising out of a Sweepstakes Entity’s actual or alleged exploitation or use of any Entry or other material submitted in connection with the Sweepstakes, the damage, if any, thereby caused to the applicable Entrant will not be irreparable or otherwise sufficient to entitle such entrant to seek injunctive or other equitable relief and Entrant’s rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
NO OBLIGATION TO USE: The Sweepstakes Entities shall have no obligation (express or implied) to use any Entry, or to otherwise exploit any Entry or, if commenced, to continue the distribution or exploitation thereof, and the Sweepstakes Entities may at any time abandon the use of the Entry for any reason, with or without legal justification or excuse, and Entrants shall not be entitled to any damages or other relief by reason thereof.
FURTHER DOCUMENTATION: If Sponsor shall desire to secure additional assignments from the Entrants, or other documents as Sponsor may reasonably require in order to effectuate the purposes and intents of these Official Rules, then each Entrant agrees to sign the same upon Sponsor’s request therefor.
WINNERS LIST: To obtain a list of Grand Prize Winners, available after June 15,, 2023, send a self-addressed stamped envelope with proper First-Class Postage affixed to: Bush’s Canper Sweepstakes Winners List, P.O. Box 1008, Manhasset, NY 11030. Requests must be received by August 15,, 2023. VT residents do not need to affix return First Class Postage. The Winners List will be available after all Grand Prize Winners have been verified.
MISCELLANEOUS: The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. In the event that any provision of the Official Rules is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision. Entrants agree to waive any rights to claim ambiguity of these Official Rules. Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes-related materials, privacy policy or terms of use on any website, social media platform or application and/or the Official Rules, the Official Rules shall prevail, govern and control and the discrepancy will be resolved in Sponsor’s sole and absolute discretion.