BY PARTICIPATING IN THE SWEEPSTAKES, YOU REPRESENT AND WARRANT THAT YOU HAVE READ, UNDERSTOOD, AND FULLY AGREE TO, AND COMPLY WITH, THESE OFFICIAL RULES. DO NOT PARTICIPATE IN THE SWEEPSTAKES WITHOUT FIRST REVIEWING THESE OFFICIAL RULES.
1. SPONSOR AND ADMINISTRATOR: The Ultimate Ducks Experience (the “Sweepstakes”) is sponsored by Ducks Rising (the “Sponsor”). The sweepstakes is administered by Just Win 1001 Congress Ave, Ste 100, Austin, TX 78701 (the “Administrator”).
2. ELIGIBILITY: Sweepstakes participation is open only to legal residents of the fifty (50) U.S. states, including the District of Columbia, who are 18 years of age or older at the time of entry. Internet access and valid e-mail address required for participation. No purchase of any kind is necessary to enter or win. A purchase does not increase your chances of winning. Void where prohibited or restricted by law. The Sweepstakes is being conducted as a consumer sweepstakes in accordance with Missouri law. All federal, state, and local laws and regulations apply. The following individuals are not eligible to participate in the Sweepstakes: employees, contractors, directors and officers of Sponsor and its parent, subsidiaries and affiliated companies, any agencies involved in the administration, development and fulfillment of the Sweepstakes including, but not limited to, web design, advertising, marketing, public relations, and prize fulfillment companies (including Administrator), and the immediate family members (spouse, domestic partner, parent, child, sibling and spouse or “step” of each) and those living in the same households of each such individual.
3. SWEEPSTAKES ENTRY PERIOD: The entry period begins at 12:00:00 a.m. Pacific Time (“PT”) on September 23, 2023 and ends at 11:59:59 p.m. PT on November 24, 2023. All eligible entries submitted during the entry period are eligible to win the Ultimate Ducks Experience.
4. HOW TO ENTER: There are three (3) ways to enter the sweepstakes.
1. Scan QR code on advertising material found at on-premise establishments.
2. Sweepstakes entry form on DucksInHawaii.com.
3. In-person sign up through canvassers on gameday.
All Entries become the property of Sponsor. The Website Terms of Use and Privacy Policy apply to your use of the Website. Please read them carefully.
Mass entry attempts may result in disqualification of all entries by such person. Entries must be manually key-stroked by the entrant; use of automated entry devices or programs, or entries by third parties, are prohibited. Incomplete entries will be disqualified.
By entering, you represent and warrant that you have fully complied with all aspects of these Official Rules. By entering, you agree to indemnify and hold harmless the Sweepstakes Entities (as defined below) from any action or liability resulting from your participation in the Sweepstakes and/or any other information included in any entry. Normal internet access and usage charges imposed by the entrant’s internet service provider may apply and are the entrant’s sole responsibility. If entering via mobile device, normal phone/data and usage charges imposed by the entrant’s phone service provider may apply and are the entrant’s sole responsibility.
5. PRIVACY POLICY: Provision of information online is governed by Ducks Rising’s privacy policy (“Privacy Policy”), accessible at https://www.ducksrising.com/privacy. If you do not agree with the policy, do not participate in the Sweepstakes or otherwise use the Website.
You are providing your information to Sponsor. All personal information collected by Sponsor will be used only for the administration of the Sweepstakes. In addition, entrants may receive email and SMS correspondence from, or on behalf of Sponsor, subject to Sponsor’s privacy policy. Sponsor uses reasonable commercial efforts to comply with Federal CAN-SPAM guidelines, and entrants may subsequently opt-out of receiving further emails by following the opt-out instructions contained in the email or SMS. Please refer to Sponsor’s Privacy Policy for important information regarding the collection, use and disclosure of personal information by Sponsor.
6. ODDS OF WINNING: Odds of winning are dependent upon the number of eligible entries received during each of the entry periods.
7. SWEEPSTAKES PRIZE: A two (2) night trip for two (2) people to Honolulu, Hawaii from August 23-25, 2024, and two (2) tickets for the Oregon Ducks’ season opener against the University of Hawaii on August 24, 2024. The trip includes one (1) double-occupancy hotel accommodation for two (2) people, and round-trip coach class airfare for two (2) people to an airport near or in Honolulu. If winner lives within a 150-mile radius of the chosen destination, then car service transportation may be substituted for air travel. Approximate Retail Value (ARV) is up to US $5,000.
The actual value the prizes (each a “Prize” and collectively, “Prizes”) depends on market conditions at time of fulfillment. Any difference between ARV and actual value will not be awarded. All prize details will be determined by Sponsor in its sole discretion.
No cash equivalent will be provided in lieu of acceptance of the Prizes as described in these Official Rules.
In the event that a prize component is not available for any reason, then remaining elements of prize shall constitute full satisfaction of Sponsor’s prize obligation to Winner and no additional compensation will be awarded.
All travel awarded to the Weekly Prize winners will be arranged by Sponsor and/or its travel agency. ALL OTHER EXPENSES AND COSTS NOT EXPRESSLY LISTED ABOVE ARE THE WEEKLY PRIZE WINNER’S SOLE RESPONSIBILITY, including, but not limited to, taxes, travel-related surcharges, gratuities, tips, baggage fees, airport improvement fees, meals, all ground/air/rail transportation not specifically mentioned above (including transportation between home residence and the airport), insurance of any kind, entertainment (unless otherwise specifically mentioned above) or items of personal nature or personal expense. Each winner and their travel companion must possess valid identification needed to travel such as a passport or personal identification as required depending on the country of origin of each winner and their travel companion.
Any prizes pictured in point-of-sale, online, television and print advertising, promotional packaging, and other Sweepstakes materials are for illustrative purposes only. All details and other restrictions of the prize(s) not specified in these Official Rules will be determined by Sponsor in its sole discretion.
8. PRIZE PROVISIONS: Winner’s travel guest must return a Liability Release and a Publicity Release (where lawful) prior to prize award; winner and guest must at all times behave in an appropriate manner, including complying with all applicable health protocols and regulations designed to stop the spread of COVID-19; winners and travel companions must travel together on the same itinerary. If a Winner travels without a guest, the prize will be awarded to an individual and any remaining portion of the ARV for that prize will be forfeited. Prizes are non- transferable, non-refundable, not redeemable for cash and may not be resold. The Winner is not entitled to exchange or transfer prizes or to obtain other substitutes, provided, however, Sponsor reserves the sole right to substitute prizes or portions thereof of equal or greater value if a Prize listed or any portion thereof is unavailable for any reason. The Prizes will be awarded if properly claimed. The Prizes are awarded “as is” and without any warranty, except as required by law. Limit one (1) prize per person.
For U.S. Winners, all applicable taxes on the Prizes are the sole responsibility of the Winners. An Internal Revenue Service form 1099 reflecting the actual value of the prize won will be issued in the Winner’s name if required by law.
9. PRIZE DRAWING PERIODS: The Prize Drawing Period will take place on Monday, November 27, 2023 at 9:00 a.m. PT. All eligible entries submitted during the Grand Prize Entry Period are eligible to win the Grand Prize. One (1) Grand Prize winner will be selected in a random drawing from among all eligible entries received during the Grand Prize Entry Period.
All drawings will be conducted by Administrator. Sponsor’s/Administrator’s interpretation of these rules and decisions related to the sweepstakes shall be final.
10. WINNER NOTIFICATION AND VERIFICATION: NO ONE IS A WINNER UNLESS AND UNTIL THE SPONSOR/ADMINISTRATOR OFFICIALLY CONFIRMS HIM/HER/THEM AS A WINNER IN ACCORDANCE WITH THESE RULES.
The potential sweepstakes winner will be notified on or about Monday, November 27, 2023 by email from Administrator’s email address. An Affidavit of Eligibility, Liability and Publicity release (except where prohibited by law) (the “Affidavit”) will also be sent to the winner via email from the Administrator.
To be declared a winner, the potential winner must comply with these Official Rules and, within seven (7) business days, accept his/her/their prize by signing, notarizing and returning to the Administrator via email, a completed Affidavit of Eligibility, Liability and Publicity release (except where prohibited by law). Once the winner is declared by the Sponsor/Administrator, the prize will be fulfilled within 8 weeks of receipt and approval of the Affidavit.
If the Administrator’s email notifying the potential winner returns as undeliverable, or the potential winner cannot be located or contacted, declines the prize or does not meet all the conditions set forth above, then that person’s entry may result in disqualification and prize is forfeited. Two (2) alternate winner outreach rounds will then be conducted. If no qualified winner results from the two (2) alternate rounds, no prize will be awarded.
11. GENERAL RULES/VERIFICATION: By acceptance of the prize, each Winner grants permission to the Sponsor and its agencies (including Administrator) to use his/her name, city, state, photos, and likeness for purposes of advertising, promotions, and trade without further compensation, except where prohibited by law. By entering, entrants/Winners hereby agree, release, discharge, and hold harmless Sponsor and its parent, subsidiary and affiliated companies, advertising and promotional agencies (including Administrator) and prize suppliers and their respective officers, directors, shareholders, owners, employees, agents, attorneys and representatives (collectively, the “Sweepstakes Entities”) from any and all injuries, loss, claims or damages arising out of an entrant’s participation in the Sweepstakes and/or Winners’ acceptance or use or misuse of prize(s). By participating in the Sweepstakes, entrants agree that the Sweepstakes Entities will have no liability whatsoever for, and that the entrants shall defend and hold the Sweepstakes Entities harmless against, any liability for any claims based on publicity rights, defamation, or invasion of privacy as well as injuries, damages, or losses of any kind, whether or not foreseeable, including, without limitation, direct, indirect, incidental, consequential, or punitive damages to persons or to property arising out of the prizes awarded hereunder. Without limiting the foregoing, everything regarding the Sweepstakes, including the Website/any websites used in connection therewith and the prizes awarded hereunder, are provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement, all of which are expressly disclaimed by the Sweepstakes Entities.
If for any reason the Sweepstakes is not capable of running as planned, including without limitation infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failure or other causes which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes, Sponsor reserves the right at its sole discretion, to cancel, terminate, modify and/or suspend the Sweepstakes and to disqualify any individual who tampers with the entry process, violates these Official Rules, or acts in a disruptive manner. In the event the Sweepstakes is cancelled, terminated, or suspended for any reason, Sponsor, at its sole discretion, reserves the right and may choose to award the Prizes from among all eligible entries received prior to cancellation. Any attempt by an entrant to deliberately damage the Website, any website involved in the Sweepstakes, or undermine the legitimate operation of the Sweepstakes may be a violation of criminal and/or civil laws and should such an attempt be made, the Sponsor reserves the right to seek all available remedies, including, without limitation, criminal prosecution, and damages, including, without limitation, attorneys’ fees and expenses, from any such entrant to the fullest extent of the law. No responsibility is assumed by Sponsor for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to or alteration of entries; or any problems or technical malfunctions of any telephone network or lines, typographical or other errors, computer online systems, servers or providers, computer equipment, software, failure of any email sent or electronic entry to be received on account of technical problems or traffic congestion on the internet or on any website or any combination thereof, including, without limitation, any injury or damage to an entrant’s or any other person’s computer, tablet or mobile device related to, or resulting from, participation in or downloading any materials related to this Sweepstakes. Sponsor is not responsible for any typographical or other error in the printing of the Sweepstakes materials, administration of the Sweepstakes, or in the announcement of the prizes. Sponsor reserves the right, at its sole discretion, to disqualify any individual it determines to be tampering with an entry, to be violating these Official Rules, or to be acting in a disruptive manner. In no event will the Sponsor be obligated to award more than the Prizes described herein.
12. RULES/NAME OF WINNER: A copy of these Official Rules can be found on the Website. For the names of the Winners, available for a period of at least 30 days after November 27, 2023, send a self-addressed-stamped envelope to: Just Win at 1001 Congress Ave, Ste 100, Austin, TX 78701 to be received by December 27, 2023.
13. DISPUTES: To the fullest extent permitted by law, Entrant agrees that: (1) Any and all disputes, claims and causes of action brought by him/her arising out of or connected with this Sweepstakes or the awarding of prizes (collectively, “Dispute”) shall be resolved individually, without resort to any form of class action; (2) Entrant shall attempt, in good faith, to resolve any and all Disputes via amicable discussions between the Entrant and Sponsor. If any Dispute cannot be resolved in such manner, before resorting to any other legal remedy, Entrant and Sponsor shall enter into arbitration proceedings in Kansas City, MO, U.S.A. before one (1) Judicial Arbitration and Mediation Services, Inc. (“JAMS”) arbitrator agreed upon by the parties. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. ENTRANTS UNDERSTAND AND AGREE THAT IN AGREEING TO RESOLVE DISPUTES VIA ARBITRATION, THEY ARE WAIVING ANY RIGHT TO A TRIAL BY JURY IN A COURT OF LAW. Judgment on the arbitration award may be entered in any court having jurisdiction. This clause shall not preclude the parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction; (3) Any and all claims, judgments, and awards to Entrant shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys’ fees or expenses or other costs related to litigation; (4) Under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages other than for actual out-of-pocket expenses, and waives any and all rights to have damages multiplied or otherwise increased as well as any right to equitable relief.
14. CHOICE OF LAW: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrants and Sponsor in connection with the Sweepstakes shall be governed by, and construed in accordance with, the laws of the State of Missouri, U.S.A. without giving effect to any choice of law or conflict of law rules (whether of the State of Missouri, U.S.A. or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Missouri, U.S.A.
15. SEVERABILITY: If any provision of these Official Rules becomes or is declared by the arbitrator to be illegal, unenforceable, invalid or void, portions of such provision or such provision in its entirety, to the extent necessary, shall be severed from these rules and such arbitrator (or, if such arbitrator refuses to do so, the Sponsor) will replace such illegal, void or unenforceable provision of these Official Rules with a valid and enforceable provision that will achieve, to the greatest extent possible, the same economic, business and other purposes of the illegal, void or unenforceable provision. The balance of these Official Rules shall remain in place and enforceable in accordance with their terms.
16. NO WAIVER: The failure of Sponsor to assert any right hereunder, or to insist upon compliance with any term or condition of these Official Rules shall not constitute the waiver of that right or excuse the subsequent performance or non-performance of any such term or condition by entrant or constitute a waiver of Sponsor’s right to enforce these Official Rules.
Sponsor: © 2023 Ducks Rising, Eugene OR