WINNER: Michael R.
NO PURCHASE NECESSARY. In order to enter or win the Char-Broil® X200 Giveaway Sweepstakes (the “Sweepstakes”), you must fully comply with these Official Rules (“Rules”) and, by entering, you represent and warrant that you agree to be bound by these Rules and the decisions of the Sponsor, whose decisions shall be binding and final in all respects relating to the Sweepstakes.
- Sponsor; Administrator. The Sweepstakes is sponsored and administered by Char-Broil, LLC, 1442 Belfast Avenue, Columbus, Georgia 31904 (“Sponsor”).
- Entry Period. The Sweepstakes entry period begins at 8:00 AM (Eastern Time) on August 13, 2019 and ends at 11:59 PM (Eastern Time) on August 19, 2019 (the “Entry Period”). All entries must be received during the Entry Period. No entries into the Sweepstakes will be accepted before or after the Entry Period.
- Eligibility. The Sweepstakes is only open to legal residents of and located in the 48 contiguous states of the continental United States that are at least 21 years of age or older at the beginning of the Entry Period. Employees of Sponsor and its affiliates, subsidiaries, parent company, advertising agencies, promotional and marketing agencies, sweepstakes administrator (collectively, “Ineligible Persons”) and the immediate family and household members of Ineligible Persons are not eligible to enter or win the Sweepstakes. “Immediate family” shall mean parents, step-parents, children, step-children, siblings, step-siblings, or spouses, regardless of where they live. “Household members” shall mean people who share the same residence at least 3 months a year, whether related or not, or are legally domiciled at the same residence for any time during the Entry Period. The Sweepstakes is void where prohibited and subject to all applicable federal, state and local laws.
- How to Enter. The Sweepstakes may be entered on Facebook, Instagram or Twitter by responding to the Sweepstakes post (“Post”). Your response should be an original, creative caption to the Post that communicates your wish or desire for 200 or more of something/someones to be present at a tailgate or game (“Entry”). Your Entry must be received during the Entry Period. Automated or mechanically altered or reproduced entries are prohibited and will result in disqualification. Entries will be deemed to have been submitted by the authorized account holder of the media account submitting the Entry. “Authorized account holder” shall mean the natural person who is registered with internet service provider, online service provider, or other organization responsible for assigning the account used.
- Entry Parameters. By entering the Sweepstakes, entrant represents, acknowledges, and warrants that the submitted Entry is an original work created solely by the entrant, does not infringe on the copyrights, trademarks, moral rights, rights of privacy/publicity or intellectual property right of any person or entity, and that no other party has any right, title, claim or interest in the Entry. The Entry must not, in the sole discretion of Sponsor, contain obscene, provocative, defamatory, sexually explicit, or otherwise objectionable or inappropriate content. The Entry will be disqualified, in the sole discretion of Sponsor, if it does not represent the CHAR-BROIL brand values, distorts, disparages, or otherwise damages the CHAR-BROIL brand, ridicules or disparages individuals or other brands, is noticeably unnatural or unreal.
- Warranties and Consents. By completing and submitting an Entry, you: (a) represent and warrant that (i) you have read and agreed to be bound by these Rules (ii) based on the Rules, you are eligible to participate in the Sweepstakes, and (iii) all of the information provided on the Entry is accurate, does not violate any third party’s legal rights (including without limitation rights of privacy and publicity), and otherwise does not violate applicable law; (b) consent to the use of your name and/or likeness by Sponsor for promotional purposes (whether online, in print or through any other media now known or hereafter developed), without additional compensation or authorization unless prohibited by law; and (c) agree to be bound by the interpretations of these Rules by Sponsor, which are final in all matters relating to the Sweepstakes.
- Winner Selection and Notification. One (1) potential winner will be selected by the Sponsor on or about August 23, 2019 from all eligible entries received during the Entry Period. Entries will be judged on cleverness and creativity. Sponsor’s designated three (3) judge panel will determine the winning Entry. The potential winner will be notified by the Sponsor through the social media platform used to enter the Sweepstakes, i.e. either Facebook, Instagram or Twitter. Except where prohibited, the winner will be required to complete, sign and return to Sponsor an Affidavit of Eligibility, Release of Liability and Publicity Release in a form to be provided by Sponsor (collectively, the “Affidavit”) within the time frame or by the date specified in Sponsor’s notification or an alternate winner may be selected. In the event: (a) a potential winner cannot be reached for whatever reason after a reasonable effort has been exerted based on the information stated in the Entry, (b) of noncompliance with the Rules, (c) a potential winner is found to be ineligible to enter the Sweepstakes or receive the prize, (d) a potential winner cannot or does not comply with the Rules, (e) a potential winner’s prize notification or Affidavit is returned as undeliverable for whatever reason, or (f) a potential winner fails to fulfill the Affidavit-related obligations, a potential winner shall be disqualified from the Sweepstakes and an alternate potential winner may be selected, at Sponsor’s sole discretion, from among the other eligible entries received. The odds of winning are dependent upon the total number of eligible Entries received.
- Prizes. Sponsor will award one (1) prize package (“Consumer Prize”). The winner will receive only one (1) Consumer Prize. The Consumer Prize to be awarded is:
- A Char-Broil ® X200 TRU-INFRARED™ PORTABLE GAS GRILL (#12401734) – average retail value of $139.99
- The Consumer Prize cannot be substituted, assigned, transferred, or redeemed for cash. Sponsor reserves the right to make substitutions of equal or greater value at its sole discretion in the Consumer Prize. Any portion of the Consumer Prize not accepted or unclaimed and/or unused by a winner will be forfeited and will not be substituted. In the case of a winner’s forfeiture of the Consumer Prize, Sponsor may select an alternate winner. Winner is responsible for the reporting and payment of all applicable federal, state and local taxes (including income taxes) associated with the Consumer Prize and will, and hereby does, hold Sponsor harmless from liability for failure to timely report and/or pay such taxes. Sponsor will notify the Internal Revenue Service of award of prize to winner, via IRS 1099 Tax Forms.
- General Terms; Right to Cancel, Modify. Sponsor and its subsidiaries, affiliates, parent company, representatives, agents, successors, assigns, employees, officers and directors shall not have any obligation or responsibility, including any responsibility to award any prize to entrants, with regard to: (a) Entries that contain inaccurate information or do not comply with or violate the Rules; (b) Entries, prize claims or notifications that are lost, late, incomplete, illegible, unintelligible, damaged or otherwise not received by the intended recipient, in whole or in part, due to computer, human or technical error of any kind, including but not limited to, inactive email accounts or entrant’s failure to monitor his/her account; (c) entrants who have committed fraud or deception in entering or participating in the Sweepstakes or claiming the prize; (d) telephone, electronic, hardware, software, network, internet or computer malfunctions, failures or difficulties; (e) any inability of the winner to accept the prize for any reason; (f) if a prize cannot be awarded due to delays or interruptions due to force majeure, natural disasters, terrorism, weather or any other similar event beyond Sponsor’s reasonable control; or (g) any damages, injuries or losses of any kind caused by any prize or resulting from awarding, acceptance, possession, use, misuse, loss or misdirection of any prize or resulting from participating in this promotion or any promotion or prize related activities. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be (a) tampering with the Entry process or the operation of the Sweepstakes, or with any website promoting the Sweepstakes; (b) acting in violation of the Rules; or (c) entering or attempting to enter the Sweepstakes multiple times through the use of multiple e-mail addresses or the use of any robotic or automated devices to submit entries. If Sponsor determines, in its sole discretion, that technical difficulties or unforeseen events compromise the integrity or viability of the Sweepstakes, Sponsor reserves the right to void the Entries at issue, and/or terminate the relevant portion of the Sweepstakes promotion, including the entire Sweepstakes promotion, and/or modify the Sweepstakes and/or conduct a random drawing to award the prize using all eligible entries received as of the termination date.
- Publicity Releases. You may not issue press releases or other publicity in connection with your participation in the Sweepstakes without the consent of Sponsor. Except where prohibited or restricted by law, the winner’s acceptance of the prize constitutes the winner’s agreement and consent for Sponsor to use and/or publish winner’s Entry and winner’s full name, city and state of residence, photographs or other likenesses, pictures, portraits, voice, testimonials, biographical information (in whole or in part), and/or statements made by the winner regarding the Sweepstakes or Sponsor, worldwide and in perpetuity for any and all purposes, including, but not limited to, advertising, trade and/or promotion on behalf of Sponsor, in any and all forms of media, now known or hereafter devised, including, but not limited to, print, TV, radio, electronic, cable, internet, without further limitation, restriction, compensation, notice, review, or approval.
- License. By entering the Sweepstakes, entrant grants an irrevocable, perpetual, worldwide, royalty free, non-exclusive license to Sponsor, to reproduce, distribute, display, use for promotional or commercial purposes, and create derivative works of the Entry. Sponsor will not be required to pay any additional consideration or seek any additional approval in connection with such use.
- Release of Liability. By participating in the Sweepstakes, entrants and winner agree to release and hold harmless Sponsor, Instagram, Facebook, Twitter, and their respective subsidiaries, affiliates, parent company, representatives, agents, successors, assigns, employees, officers and directors (the “Released Parties”), from any and all liability, for loss, harm, damage, injury, cost or expense whatsoever, including without limitation, property damage, personal injury (including emotional distress), and/or death, which may occur in connection with preparation for, or participation in, the Sweepstakes, or possession, acceptance and/or use or misuse of the prize or participation in any Sweepstakes-related or prize-related activity and for any claims or causes of action based on publicity rights, defamation or invasion of privacy and merchandise delivery. The Released Parties assume no responsibility for any injury or damage to entrants or to any other person’s computer, regardless of how caused, relating to or resulting from entering or downloading materials or software in connection with the Sweepstakes.
- DISCLAIMER OF WARRANTIES. SPONSOR IS PROVIDING THE SWEEPSTAKES ON AN “AS IS” AND “AS AVAILABLE” BASIS. SPONSOR DOES NOT REPRESENT OR WARRANT THAT THE SWEEPSTAKES OR THE TECHNOLOGY USED TO PROVIDE IT: (I) WILL BE UNINTERRUPTED OR SECURE, (II) WILL BE FREE OF DEFECTS, INACCURACIES OR ERRORS, OR (III) WILL MEET YOUR REQUIREMENTS OR ENABLE YOU TO PARTICIPATE IN IT. SPONSOR MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE RULES, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT. Entrants and winner further acknowledge that Sponsor has neither made nor is in any manner responsible or liable for any warranty, representations or guarantees, express or implied, in fact or in law, relative to any prize or any component thereof.
- Waiver. No failure or delay by a party in exercising any right, power, or privilege under these Rules will operate as a waiver thereof. No waiver of any provision of these Rules, or any rights or obligations of either party under these Rules, shall be effective, except pursuant to a written instrument signed by the party waiving compliance, and any such waiver shall be effective only in the specific instance and for the specific purpose stated in such writing.
- Forum Selection. All issues and questions concerning the construction, validity, interpretation and enforceability of the Rules, or the rights and obligations of entrant or Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Georgia, without giving effect to any choice of law or conflict of law rules. Entrants hereby irrevocably consent to the personal jurisdiction of the appropriate state or federal court having jurisdiction over the subject matter located in Muscogee County, Georgia and waive any claim of forum non conveniens or lack of personal jurisdiction that they may have. To the fullest extent permitted by law, entrants further agree to bring any action and waive any right of all damages on relief other than his/her actual out-of-pocket costs in participating in the Sweepstakes (if any).
- The Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Facebook, Instagram or Twitter.
- Winner's List. The name of the winner may be posted after August 23, 2019 at www.charbroil.com/x200-giveaway-sweepstakes and upon written request to the Sponsor.