Fly with Fritz’s Giveaway (the “Sweepstakes”) begins on or about 9:00:00 AM EST March 19, 2019 and ends at 11:59:59 PM May 23, 2019 EST (the “Promotion Period”). During the Promotion Period, entrants will have the opportunity to enter the Sweepstakes. Thirty (30) days after the Promotion Period, one (1) potential winner will be selected from the eligible Entries received as more fully set forth below. If the potential winner fulfills all the requirements set out below, one (1) Grand Prize Winner will be selected. By participating in the Sweepstakes, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Fritz’s Adventure., 1425 W. HWY 76 Branson, MO 65616 (“Sponsor”) which shall be final and binding in all respects. By submitting the information, the entrants agree to be bound by these Official Rules.
Only legal residents (including those on valid visas) of the fifty (50) United States and the District of Columbia who are eighteen (18) years of age or older are eligible to enter. Officers, directors and employees of Sponsor and administers of the prize, and its parents, subsidiaries, affiliates, members, distributors, retailers, sales representatives, advertising and promotion agencies (all such individuals and entities referred to collectively as the “Promotion Entities”), and each of their immediate family members and/or people living in the same household are NOT eligible to enter the Sweepstakes or win a prize. This Sweepstakes is void where prohibited.
HOW TO ENTER:
Entry may be requested by mailing a handwritten, self-addressed stamped envelope to Fritz’s Adventure., 1425 W. HWY 76 Branson, MO 65616 with name including first and last name, email address and country of residence to submit the entry (the “Entry”). Customers who reserve a flight with Fritz’s Aerodium will automatically be entered to win the Sweepstakes.
Each individual must complete an Entry (an “Entrant”) by the end of the Promotion Period. The Website database clock will be the official timekeeper for this Sweepstakes.
WINNER SELECTION AND NOTIFICATION:
Within thirty (30) days following the expiry of the Promotion Period, the Sponsor shall select one (1) potential winner (the “Potential Winner”) from all eligible Entries received during the Promotion Period.
After the Potential Winner is selected, they shall be contacted through the email or via the Third Party Application Providers. The Potential Winner must respond via the instructions provided by the email within 48 hours of the notification attempt. If the Potential Winner cannot be contacted, does not respond within 48 hours from the time the Sponsor first tries to notify Potential Winner, and/or if the prize notification is returned as undeliverable, such Potential Winner will forfeit all rights to win the Sweepstakes or receive the prize. If so, an alternate Potential Winner may be selected at the Sponsor's discretion. If the Potential Winner responds in a timely and proper manner, the Potential Winner may be asked to sign and properly execute the following documents and return them via email (and subsequently by mail or email per instructions to be provided) to Sponsor or its affiliated companies within seven (7) days of notification: an IRS W9 Tax Form or W-8BEN Tax Form and where lawful, a Publicity Release (collectively, “Prize Claim Documents”). If any Prize Claim Documents sent by any means are returned as undeliverable or if a contacted Potential Winner fails to properly execute and return all documents described herein in the time noted, or if a Potential Winner is found not to be eligible or not in compliance with these Official Rules, the Potential Winner and associated Entry will not be considered and no prizes will be issued to the Potential Winner. If the Potential Winner fulfills all the requirements listed in these Official Rules in a timely manner, the Potential Winner shall be deemed a "Grand Prize Winner" and be awarded any Prizes that he or she may be eligible for.
If any Entry is deemed to be invalid, the Potential Winners forfeit prize. In the event that a Potential Winner of any prize is disqualified for any reason, Sponsor will award the applicable prize to an alternate winner by choosing from among all remaining eligible Entries. There will be three (3) alternate drawings after which the prize will remain un-awarded.
The Grand Prize Winner will be announced on or before May 31, 2019 and notified by e-mail, telephone and/or mail using the contact information provided at the time of entry. Sponsor shall have no liability for any Grand Prize Winner notification that is lost, intercepted or not received by the potential Grand Prize Winner for any reason. If a potential Grand Prize Winner does not respond within the time required by Sponsor, or if the notification is returned as unclaimed or undeliverable to any potential Grand Prize Winner, such potential Grand Prize Winner will forfeit his or her potential prize and an alternate Grand Prize Winner may be selected.
One (1) Grand Prize is available, 2 travel vouchers or gift certificates with a total combined value of no more than $400 USD. Peak times of travel and holidays may not always be available; all seats are subject to availability and capacity controls. United States government taxes/security/airport fees are the responsibility of the individual prizewinner. Excess baggage fees and any additional products or services will be charged the current applicable fees.
The Grand Prize may be subject to additional requirements, and terms and conditions of the partners giving away the Grand Prize. Flights and accommodations will be booked by the winner.
GENERAL PRIZE CONDITIONS:
The Sponsor decisions are final and binding in all matters relating to this Sweepstakes, including interpretation and application of these Official Rules, without prejudice of any claim that could be filed before the court. No cash alternative or substitution of 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. Prizes will be awarded only if the potential prize winner fully complies with these Official Rules. All portions of the prize(s) cannot be substituted and are non-assignable and non-transferable. 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. 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. The prize cannot be used in conjunction with any other Sponsor or third party discounts or special offers. Should the value of any prize be less than the value stated, the difference will not be awarded in cash or in kind.
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.
GRANT OF RIGHTS:
For good and valuable consideration, the receipt and legal sufficiency of which is hereby acknowledged, each entrant into the Sweepstakes hereby irrevocably grants Sponsor, its successors and assigns, a non-exclusive license (but not the obligation) to reproduce, publicly perform, stream, exploit and otherwise use the Entries throughout the universe, in perpetuity, for any reason whatsoever, in any and all media, throughout the universe in perpetuity, without further notice to, consent by, or payment to entrant. Without in any way limiting the foregoing, Sponsor shall have the right, in its sole discretion, to edit, composite, morph, scan, duplicate, or alter the Entries for any purpose which Sponsor deems necessary or desirable, and each entrant irrevocably waives any and all so-called moral rights they may have therein. Sponsor shall have the right to freely assign its rights hereunder, in whole or in part, to any person or entity. Sponsor shall retain the rights granted in each Entry even if the Entry is disqualified. In addition, the results and proceeds of the Grand Prize winner’s activities in connection with the Grand Prize, shall be deemed a work-made-for-hire for Sponsor specially ordered and/or commissioned by Sponsor for use in an audio-visual work, and therefore, Sponsor shall be the author and exclusive copyright owner thereof for all purposes throughout the universe. If under applicable law the foregoing is not effective to place authorship and ownership of the Results and Proceeds and all rights therein in Sponsor, then by way of assignment and transfer of present and future copyright and otherwise, the Grand Prize shall irrevocably grant, transfer, sell and assign to Sponsor, all of the Grand Prize winner’s right, title and interest therein.
By participating in the Sweepstakes, in addition to any other grants which may be granted in any other agreement entered into between Sponsor and any entrant in or winner of the Sweepstakes, each entrant irrevocably grants the Promotion Entities and their respective successors, assigns and licensees, the right to use such entrant’s name, likeness, biographical information and Entry, and any individual(s) participating therein, in any and all media for any purpose, including without limitation, blogging, advertising and promotional purposes as well as in, on or in connection with the Website or the Sweepstakes or other promotions, and hereby release the Promotion Entities from any liability with respect thereto. Without limiting the foregoing, the Grand Prize Winner agree that his/her details may be used in post-event publicity including blogging on the Sponsor’s preferred blogging system before, during and/or after the Trip.
GENERAL LIABILITY RELEASE/FORCE MAJEURE:
Entrants agree that the Promotion 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. Sponsor assumes no responsibility for any damage to an entrant’s, or any other person’s, computer system which is occasioned by accessing the Website or otherwise 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, Sponsor is not responsible for incomplete, illegible, misdirected, misprinted, late, lost, damaged, stolen, or postage-due 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 or the Website, to be acting in violation of these Official Rules, or to be acting in an unsportsmanlike 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. 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, natural or man-made epidemic of health of other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), then subject to any governmental approval which may be required, Sponsor shall have the right to modify, suspend, extend or terminate the Sweepstakes. If the Sweepstakes is terminated for Force Majeure before the designated end date, Sponsor will (if possible) select the Winner from all eligible, non-suspect Entries received as of the date of the event giving rise to the termination. Only the type and quantity of prizes described in these Official Rules will be awarded. 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 rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these 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.
RELEASE AND LIMITATIONS OF LIABILITY:
The Sponsor will not be liable for any loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) or for any personal injury suffered or sustained in connection with the prize except for any liability, which cannot be excluded by law (in which case such liability is limited to the maximum extent allowable by law). The Sponsor will not be responsible for any incorrect, inaccurate or incomplete information communicated in the course of or in connection with the Sweepstakes if the deficiency is occasioned by any cause outside the reasonable control of the Sponsor including without limitation technical malfunctions or failures. Tax implications may arise from the receipt or use of a prize. Independent financial advice should be sought.
NATURE OF RELATIONSHIP/WAIVER OF EQUITABLE RELIEF:
Each entrant hereby acknowledges and agrees that the relationship between the entrant and the Promotion Entities is not a confidential, fiduciary, or other special relationship, and that the entrant’s decision to provide the entrant’s Entry to Sponsor for purposes of the Sweepstakes does not place the Promotion Entities in a position that is any different from the position held by members of the general public with regard to elements of the Entry. Each entrant understands and acknowledges that the Promotion Entities have wide access to ideas, stories, designs, and other literary materials, and that new ideas are constantly being submitted to it 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, format or other respects. Each entrant acknowledges and agrees that such entrant will not be entitled to any compensation as a result of any Promotion Entity’s use of any such similar or identical material. Each entrant acknowledges and agrees that the Promotion 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 Promotion 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:
Sponsor shall have no obligation (express or implied) to use any Entry or any materials or content created by the Grand Prize Winner (the “Materials”), or to otherwise exploit any Entry or Materials or, if commenced, to continue the distribution or exploitation thereof, and Sponsor may at any time abandon the use of the Entry or Materials for any reason, with or without legal justification or excuse, and Sweepstakes shall not be entitled to any damages or other relief by reason thereof.
If Sponsor shall desire to secure additional assignments, releases from third parties appearing in the Entry, 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 therefore.
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 MASSACHUSETTS 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.
By participating in this Sweepstakes, each entrant agrees: (i) that any and all disputes the entrant may have with, or claims entrant may have against, the Promotion 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 (i) 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; (ii) the arbitrator shall apply the State of Missouri law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (iii) 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; (iv) the arbitrator shall not have the power to award punitive damages against the entrant or Sponsor; (v) in the event that the administrative fees and deposits that must be paid to initiate arbitration against Sponsor exceed $125 USD, and entrant is unable to pay any fees and deposits that exceed this amount, Sponsor agrees to pay them and/or forward them on entrant’s behalf, subject to ultimate allocation by the arbitrator; (ix) 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 (x) with the exception of subpart (vi) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, 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.
WINNER’S LIST/OFFICIAL RULES:
To obtain a copy of any legally-required winners list or a copy of these Official Rules, send a self-addressed stamped envelope to: Fritz’s Adventure., 1425 W. HWY 76 Branson, MO 65616. All such requests must be received within six (6) weeks after the end of the Promotion Period. These Official Rules will be posted on the Website during the Promotion Period. In addition, if you have any Sweepstakes related questions, please e-mail: firstname.lastname@example.org
using “SWEEPSTAKES” in the subject field.