Pit Viper - 2024 - 12 Days of Turbo Official Terms, Conditions and Rules
The Pit Viper – 2024 – 12 Days of Turbo Giveaway (the “Sweepstakes”) is sponsored by Pit Viper, LLC (the “Sponsor”) and shall be administered by Sponsor or its designee (“Administrator”). By participating in the Sweepstakes, each Entrant (as defined below) unconditionally accepts and agrees to comply with and abide by these Official Sweepstakes Terms, Conditions and Rules (the “Official Rules”) and the decisions of Sponsor, which shall be final and binding in all respects.
- SWEEPSTAKES PERIODS: The Sweepstakes is comprised of twelve (12) different daily periods (each, a “Daily Sweepstakes Period” and, collectively, the “Sweepstakes Periods”). The initial Daily Sweepstakes Period will begin at 12:01am Mountain Standard Time on Wednesday, November 13, 2024 and end on 11:59pm Mountain Standard Time on Wednesday, November 13, 2024. Successive Daily Sweepstakes Periods will begin and end at the same times on each of the next eleven (11) consecutive days, with the final Sweepstakes Period beginning at 12:01 Mountain Standard Time on Sunday, November 24, 2024 and ending at 11:59pm on Sunday, November 22, 2024. Entries will be accepted for each Daily Sweepstakes Period after the beginning of such Daily Sweepstakes Period through the end of such Daily Sweepstakes Period. Entries for a particular Daily Sweepstakes Period must be received by the end of that Daily Sweepstakes Period in order to participate for that Daily Sweepstakes Period. Any entries received for a Daily Sweepstakes Period after the expiration of that Daily Sweepstakes Period will not be considered (and entries made during a particular Daily Sweepstakes Period will not count as entries for any other Daily Sweepstakes Period). The Sponsor’s website database clock is the official time keeping device and record for this Sweepstakes.
Prizes Awarded and Retail Values: See Section 3 (below).
Number of Prizes in the Sweepstakes: One prize for a single winner for each of the Daily Sweepstakes Periods, with the exception of the November 18 Daily Sweepstakes Period (which will have 11 prizes for 11 winners), and the November 22 Daily Sweepstakes Period (which will have 1,000 prizes for 1,000 winners).
Date Prize Winner’s Announced: The potential winner(s) for each Daily Sweepstakes Period will be announced by Sponsor during the following 24 hours at a time determined at Sponsor’s discretion.
ELIGIBILITY FOR SWEEPSTAKES: The Sweepstakes is only open to natural persons who are legal residents of the fifty (50) United States and District of Columbia (excluding Puerto Rico, all U.S. Territories, and all overseas military installations) who are at least 18 years of age or older as of the date of submitting their entry (each, an “Entrant”). Prizes will only be awarded and/or delivered to addresses within said locations. The Sweepstakes and all entries are subject to all applicable federal, state, and local laws and regulations. The Sweepstakes and entries are void where prohibited or restricted by law. Employees, directors, officers, and agents of Sponsor, Administrator, other entities affiliated with Pit Viper, LLC, and each of their respective parent companies, divisions, affiliates, subsidiaries, dealers, distributors, retailers, sales representatives, advertising and promotional agencies and suppliers (the “Sweepstakes Entities”) are ineligible to enter the Sweepstakes or win a prize. Household Members and Immediate Family Members of such individuals are also not eligible to enter or win. "Household Members" shall mean those people who share the same residence at least three months a year. "Immediate Family Members" shall mean parents, step-parents, legal guardians, children, step-children, siblings, step-siblings, or spouses. Only an individual meeting all of the eligibility requirements set forth in these Official Rules may participate in the Sweepstakes or win a prize. Void where prohibited or restricted by law.
- PRIZES:
- Day 1 Prize (Daily Sweepstakes Period of November 13, 2024) a Honda Accord vehicle outfitted in corduroy material (approximate retail value: $1,500)
- Day 2 Prize (Daily Sweepstakes Period of November 14, 2024) – one of each Pit Viper product available on the PitViper.com web store as of November 14, 2024 (approximate retail value: $1,000)
- Day 3 Prize (Daily Sweepstakes Period of November 15, 2024) – a baby stroller outfitted with an attached engine (approximate retail value: $250)
- Day 4 Prize (Daily Sweepstakes Period of November 16, 2024) – a “Arcader” Pit Viper Retail Display Case filled with 30 pairs of Pit Viper glasses (approximate retail value: $600)
- Day 5 Prize (Daily Sweepstakes Period of November 17, 2024) – a Dream Vacation for two persons in Myrtle Beach, South Carolina, including transportation to Myrtle Beach and lodging for five days and four nights (approximate retail value: $2,500)
- Day 6 Prize (Daily Sweepstakes Period of November 18, 2024) – a pair of signed Rob Gronkowski Merikas or a pair of singed Rob Gronkowski undies (approximate retail value: $60 per winner)
- Day 7 Prize (Daily Sweepstakes Period of November 19, 2024) – a trailer with one attached Pit Boss smoker and two attached Pit Boss grills (approximate retail value: $2,000)
- Day 8 Prize (Daily Sweepstakes Period of November 20, 2024) – a Heli Ski Trip with Glen Plake in the Cariboo and Monashee Mountains, British Columbia, Canada (approximate retail value: $2,000)
- Day 9 Prize (Daily Sweepstakes Period of November 21, 2023) – a golf cart outfitted with a rocket engine (approximate retail value: $1,500)
- Day 10 Prize (Daily Sweepstakes Period of November 22, 2024) – a pair of Pit Viper glasses (approximate retail value: $60)
- Day 11 Prize (Daily Sweepstakes Period of November 23, 2024) – A tandem bike modified for operation by one person (approximate retail value: $500)
- Day 12 Prize (Daily Sweepstakes Period of November 24, 2024) – $4,000 in Maverik store gift cards (approximate retail value $4,000)
Certain prize details, limits and restrictions are found in Section 4 below.
- HOW TO ENTER: Enter the Sweepstakes for any Daily Sweepstakes Period online by visiting, completing and submitting the Sweepstakes entry form within such Daily Sweepstakes Period. The Sweepstakes entry form can be found on the following website at www.pitviper.com. Entries will be accepted by submitted the form at such web address, and no other methods of entry will be accepted.
Entry into the Sweepstakes for any Daily Sweepstakes Period may be undertaken by providing and submitting all of the information requested on the entry form, which may include, without limitation: entrant’s first and last name (initials are not permitted), valid e-mail address, complete mailing address (P.O. Boxes are not permitted), date of birth, telephone number and affirmation that the entrant has read and agrees to be bound by these Official Rules. Upon completion and submission of the registration form within a Daily Sweepstakes Period, the entrant will receive one (1) entry into the Sweepstakes for such Daily Sweepstakes Period.
Submission of any entry for the Sweepstakes constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions and interpretations, which are final and binding in all matters related to the Sweepstakes.
- ENTRY RESTRICTIONS AND PRIZE DETAILS, LIMITS AND RESTRICTIONS: There is a maximum of one (1) entry per person for each Daily Sweepstakes Period. Subject to the limitations found in these Official Rules, a qualified entrant may submit up to twelve (12) entries, one for each Daily Sweepstakes Period. Entering more than once for any Daily Sweepstakes Period is prohibited. Any attempt by an entrant to acquire more than one (1) entry in this Sweepstakes for any Daily Sweepstakes Period by using numerous email addresses, registrations, identities, or any other methods will void all of such entrant’s entries into the Sweepstakes as a whole (for all Daily Sweepstakes Periods) and result in the entrant’s disqualification from the Sweepstakes as a whole. Multiple entrants are not allowed to use the same email address. The use of automated software or computer programs to register or enter the Sweepstakes is prohibited and any person or entity who uses or attempt to use such methods to register or to enter this Sweepstakes will be disqualified. Valid entries must contain all information required as described in Section 3 above. Incomplete, illegible and/or multiple entries will be disqualified. In the event of a dispute, the authorized account holder of the email address used to enter will be deemed to be the entrant. The authorized account holder is the natural person who is assigned an email address by an Internet access provider, online service provider, or other organization responsible for assigning email addresses. Sweepstakes winners will be selected from valid online entries only. The Sponsor will not verify receipt of entries. By entering, entrants unconditionally acknowledge compliance with and acceptance of these Official Rules, including eligibility requirements. Responsibility for Sponsor’s receipt of an entry rests solely with the entrant. Upon any entrant becoming a potential winner for a Daily Sweepstakes Period, such entrant and members of such entrant’s household will not be eligible to win any prize for subsequent Daily Sweepstakes Period (with the exception that if an entrant wins a pair of Pit Viper sunglasses for the November 22, 2023 Daily Sweepstakes Period, such entrant and members of his/her household will still be eligible to participate in and win a prize for another Daily Sweepstakes Period).
Prizes cannot be transferred, redeemed for cash or substituted by winner.
Gift cards and gift certificates are subject to the terms and conditions of the relevant retailer/issuer.
The “Dream Vacation for Two Persons in Myrtle Beach, South Carolina,” prize for Day 5 (November 17, 2023 Daily Sweepstakes Period) consists of the following:
* Coach roundtrip airfare for two (2) individuals (the winner and a guest) on an air carrier selected by Sponsor between an airport in or around the winner’s city or location of residence and an airport located in South Carolina (baggage charges, airport parking charges, ground transportation charges, taxes and any other additional charges incurred after the issuance of airline tickets and/or in connection with the flight are not included).
* One (1) Sponsor-selected standard oceanfront accommodations in or around Myrtle Beach, South Carolina for five (5) days and four (4) nights - (meals, telephone calls, tips/gratuities, room and food/beverage charges, and other incidentals and additional costs incurred in connection with the accommodation stay are not included).
* Two (2) Ice Shaker Speaker Bottles, one (1) $200 dining gift certificate at a restaurant or dining establishment selected by Sponsor, one (1) round of golf for two persons at a golf course selected by Sponsor, one (1) round of mini-golf for two persons at a location selected by Sponsor, and one (1) additional Myrtle Beach attraction selected by Sponsor (meals, tips/gratuities, food/beverage charges, and other incidentals and additional costs incurred in connection with the golf activities are not included).
The “Heli Ski Trip with Glen Plake in the Cariboo and Monashee Mountains, British Columbia, Canada” prize for Day 8 (November 20, 2024 Daily Sweepstakes Period) consists of a Heli Ski trip package consisting of the following:
* Coach roundtrip airfare for the winner on an air carrier selected by Sponsor between an airport in or around the winner’s city or location of residence and an airport in British Columbia, Canada, with ground transportation as needed from the airport to a location in or near Blue River, British Columbia (baggage charges, airport parking charges, ground transportation charges (for the airport in or around the winner’s city or location of residence), taxes, and other additional charges incurred after the issuance of airline tickets and/or in connection with the flights are not included).
* Through Sponsor’s partner, Mike Weigele Helicopter Skiing, the winner will be provided with an package experience consisting of [ ] days of lodging and meals, and [ ] days of heli-skiing (telephone calls, tips/gratuities and other incidentals and additional costs incurred that are not included with the specific Mike Weigele Helicopter Skiing package are not included).
* [As determined in the sole discretion of Sponsor, Glen Plake will participate in certain of the winner’s heli-skiing and other activities.] [Also in the sole discretion of Sponsor, Sponsor will provide a professional photographer, a Pit Viper ambassador, and/or a Pit Viper Key Player to participate in certain of the winner’s heli-skiing activities.]
The “Dream Vacation for Two Persons in Myrtle Beach, South Carolina,” prize for Day 5 and the “Heli Ski Trip with Glen Plake in the Cariboo and Monashee Mountains, British Columbia, Canada” prize for Day 8 (each, a “Trip Prize,” and collectively, the “Trip Prizes”) are subject to the following rules and restrictions. The trip for any Trip Prize must be taken on the dates and times designated by Sponsor or prize will be forfeited in its entirety and may be awarded to an alternate winner. Sponsor reserves the right to change dates for any Trip Prize. For any Trip Prize involving a guest, the winner and guest must travel together on the same itinerary. All expenses not specifically mentioned in these Official Rules are not included and are solely the winner’s (and/or guest’s) responsibility. Airline carrier, resort, hotel and accommodation regulations and conditions apply. The winner of any Trip Prize (and any guest, as applicable) are responsible for any and all baggage charges, taxes and any other charges incurred in connection with the trip. A Trip Prize winner may be required to provide a credit card to any hotel or accommodation selected by Sponsor in order to cover additional expenses or incidentals which are not included in the Trip Prize. Winner and/or guest must have all necessary identification and/or travel documents required for travel (including passports to enter Canada for the “Heli Ski Trip with Glen Plake in the Cariboo and Monashee Mountains, British Columbia, Canada prize). Sponsor is not responsible for changes in schedule of any element of the Trip Prize or for any expenses incurred as a consequence of any flight cancellation, adjustment or delay. Sponsor is not responsible and will have no liability if a Trip Prize winner and/or guest is for any reason not permitted to travel by the relevant airport, customs authorities or other travel authorities, or misses a flight or other travel element of the Trip.
The prizes for Day 1 (November 13, 2024 Daily Sweepstakes Period), a Honda Accord outfitted in corduroy, Day 3 (November 13, 2024 Daily Sweepstakes Period), a baby stroller outfitted with an engine, Day 7 (November 19 Daily Sweepstakes Period), a trailer with attached Pit Boss smoker and two attached Pit Boss grills, Day 9 (November 21, 2024 Daily Sweepstakes Period), a golf cart outfitted with a rocket engine, and Day 11 (November 23, 2024 Daily Sweepstakes Period), a tandem bike modified for operation by one person (each, a “Custom Prize,” and collectively, the “Custom Prizes”) are subject to the following rules and restrictions. Custom Prizes must be picked up by the winner in person at Sponsor’s Salt Lake City, Utah headquarters (or another location as designated by Sponsor) within 90 days of the end of the Sweepstakes. Sponsor will not ship a Custom Prize to any winner, and will not pay or reimburse any shipping or transportation costs incurred by winner in transporting or moving a Custom Prize to the winner’s place of residence. If the winner of a Custom Prize does not pick up the prize within 90 days of the end of the Sweepstakes, such prize will be forfeited and Sponsor shall have no obligation to provide any substitute prize to the winner. Sponsor has made certain promotional-related modifications to Custom Prizes; winner agrees to accept any Custom Prize with such modifications. Sponsor will not pay or reimburse any costs incurred by winner to change or alter the Custom Prize from the condition in which such Custom Prize is provided.
Sponsor reserves the right in its sole and absolute discretion to award a substitute prize of equal or greater value if any prize described in these Official Rules is unavailable or cannot be awarded, in whole or in part, for any reason. The ARV of the prize represents Sponsor's good faith determination. That determination is final and binding and cannot be appealed. The value of certain prizes may fluctuate. If the actual value of the prize turns out to be less than the stated ARV, the difference will not be awarded in cash. Sponsor makes no representation or warranty concerning the appearance, safety or performance of any prize awarded. For the Trip Prizes, the prize includes only the expenses indicated. Sponsor and Administrator shall not pay for or reimburse an entrant’s additional costs and expenses in connection with such event or events, including air or ground transportation, meals, food/beverage charges, baggage charges, parking charges, rental, or any other incidental costs of attending the event. Restrictions, conditions, and limitations may apply. Sponsor will not replace any lost or stolen prize items. Failure to comply with the Official Rules will result in disqualification and forfeiture of the prize.
- WINNER SELECTION: A random drawing conducted by the Sponsor from among all eligible entries received within a Daily Sweepstakes Period will determine the winner or winners of any prizes for such Daily Sweepstakes Period. Odds of winning a prize for any Daily Sweepstakes Period depend upon the number of eligible entries for such Daily Sweepstakes Period. Winner agrees to be bound by these Official Rules and decisions of the Sponsor, whose decisions are final on all matters relating to this Sweepstakes. The random drawing for each Daily Sweepstakes Period will be conducted by Sponsor in the 24-hour period following the end of each Daily Sweepstakes Period, at a time determined at the sole discretion of the Sponsor. The potential winner of such Daily Sweepstakes period will be announced by Sponsor during such 24-hour period.
- WINNER NOTIFICATION; CLAIMING PRIZE: Potential winners will be notified by email at the email address provided in their respective entry within three (3) business days after the random drawing in which their entry was selected, and will be given 48 hours to confirm receipt of notification. Sponsor is not responsible for any change of email address, mailing address, and/or telephone number of entrants; and Sponsor is not responsible for any delay or failure of a potential winner to receive notification for any reason, including inactive email account(s), technical difficulties associated therewith, or entrant’s failure to adequately monitor any email account. Any winner notification not responded to or returned as undeliverable may result in prize forfeiture. A potential winner must accept a prize by email as directed by Sponsor within 48 hours of notification. If a potential winner does not accept a prize as directed by Sponsor within such period, winner forfeits such prize. If a potential winner cannot be contacted from the information provided, the Sponsor reserves the right to select another potential winner at its sole discretion. The Sponsor is not liable if the email is not responded to within the time allowed. If, for any reason, more bona fide winners come forward seeking to claim a prize in excess of the number of prizes set forth in these Official Rules, the winners, or remaining winners, as the case may be, of the advertised prize may be selected in a random drawing from among all persons making purportedly valid claims for the prize. Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances.
- RELEASE FORM AND TAX DOCUMENTATIOIN: Each potential winner will be subject to a verification process undertaken by Sponsor or Administrator. In addition to other verification steps as determined by Sponsor and/or Administrator in their sole discretion, a potential winner will be required to complete and return an Affidavit of Eligibility/Liability Release (including, where permitted, a Publicity Release) in the form provided by Sponsor, and any tax-related documentation as may be required by Sponsor or Administrator, including but not limited to a completed and executed IRS Form W-9 with the potential winner’s name, date of birth, address, home phone number, work/cell phone number and social security number or taxpayer identification number (collectively, the “Prize Claim Documents”) within three (3) days of notification, and in any event before receiving the prize. For the Day 9 price (November 21, 2024 Daily Sweepstakes Period), a golf cart outfitted with a rocket engine, Sponsor will require the potential winner to execute a separate waiver, release of liability and indemnity agreement in favor of Sponsor and the vendor from whom Sponsor will obtain this prize, Ursa Major Technologies (the “Release and Indemnity Agreement”), which shall be included in the Prize Claim Documents for such prize. Failure to return the executed Prize Claim Documents within this time may result in forfeiture of the prize and random selection of alternate potential winner from remaining eligible entries. A parent or legal guardian of any entrant who is a minor must sign a release on behalf of the minor for the minor to be eligible to receive a prize.
- DELIVERY DISCLAIMER; LIMITATION OF LIABILITY: Sponsor disclaims all liability for the inability of an entrant to complete an online entry due to equipment malfunction, busy lines, inadvertent disconnections, acts beyond their control, or otherwise. The Sponsor disclaims all liability for any delays, mis-delivery, loss, or failure in the delivery of any item sent by electronic transmission or other delivery method. The Sponsor disclaims all liability for and is not responsible for any incorrect or inaccurate entry information, typographical errors, human, mechanical, technical, electronic, communications, telephone, computer, hardware or software errors, malfunctions or failures of any kind, including: faulty or failed electronic data transmissions, any unauthorized access to, or theft, destruction or alteration of entries at any point in the operation of this Sweepstakes, any technical malfunction, failure, error, omission, interruption, deletion, defect, delay in operation or communications line failure, regardless of cause, with regard to any equipment, systems, networks, lines, satellites, servers, camera, computers or providers utilized in any aspect of the operation of the Sweepstakes, inaccessibility or unavailability of any network or wireless service, the Internet or website or any combination thereof, suspended or discontinued Internet, wireless or landline phone service, any form of active or passive filtering, insufficient space in entrant’s e-mail account to receive e-mail messages, failed, incomplete, garbled or delayed transmission of online entries, traffic congestion on telephone lines, the Internet, or on any website, or lost or unavailable network connections which may limit an online entrant’s ability to participate in the Sweepstakes, and any injury or damage to entrant’s or any other person's computer or mobile device which may be related to or resulting from attempting to or participating in or downloading any information necessary to participate in the Sweepstakes or download of any materials in the Sweepstakes. No mechanically reproduced entries or facsimiles will be accepted. Entries void if incomplete, defective, altered, forged, illegible, or received outside authorized channels. Sponsor reserves the right at its sole discretion, to disqualify any individual (and all of his or her entries, or any portion thereof) who tampers with the entry process. If, for any reason, the Sweepstakes is not capable of running as planned for reasons which may include without limitation, infection by computer virus, tampering, unauthorized intervention, fraud, technical failures, or any other causes which may corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, the Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Sweepstakes in whole or in part. In such event, Sponsor shall immediately suspend all drawings and prize awards, and Sponsor reserves the right to award any remaining prizes (up to the total ARV as set forth in these Official Rules) in a manner deemed fair and equitable by Sponsor. Sponsor and Released Parties shall not have any further liability to any participant in connection with the Sweepstakes. Entrant hereby waives and releases all claims for the above.
- PUBLICITY; USE OF PERSONAL INFORMATION; PRIVACY; SOCIAL MEDIA: Entries and any personal information supplied by you are subject to and will be treated pursuant to the privacy policy of the Sponsor posted at https://pitviper.com/pages/privacy-policy. By entering the Sweepstakes, you grant Sponsor permission to utilize your name and relevant personal information for the purpose of Sweepstakes-related administration and prize fulfillment, including use in a publicly available Winners list. By entering, except where prohibited, where allowed by law, all entrants grant the Sponsor and/or its agents exclusive permission to use their names, city and state of residence, biographical information, characters, photographs, voices, videotape, likenesses, and/or statements in connection with promotion of this and other sweepstakes in any and all media now known or hereinafter invented, worldwide, without territorial or time limitations and waive any claims to compensation, notice, royalty, right, or remuneration for such use. By participating in the Sweepstakes, where allowed by law, entrants agree that the Sponsor may use such information obtained from entrants in this Sweepstakes for marketing purposes (including the receipt of Sponsor’s and Sweepstakes partners’ marketing materials, by email and SMS text), and may include the names of winner in a publicly available winners list. A photo of you may be used to promote the sweepstakes on social media. By entering this sweepstakes you consent to having an image of yourself used on social media and www.pitviper.com. By entering your email you agree to be added to Sponsor’s emailing list, and by entering your cell number you agree to be added to Sponsor’s SMS text promotion list. For any co-branded sweepstakes prizes, you also agree to being added to their email list. Entrant hereby waives and releases all claims for the above.
- TAXES: Any ARV valuation of a prize stated above is based on available information provided to the Sponsor, and the value of any prize awarded to a winner (at the time such prize is provided to winner) will be reported for tax purposes as required by law. Winner is solely responsible for reporting and paying any and all applicable federal, state and local taxes related to the prize, and also for paying any expenses associated with any prize(s) which are not specifically provided for in the Official Rules. Winner must provide the Sponsor with a completed IRS Form W-9 with valid identification and a valid taxpayer identification number or social security number before any prize will be awarded. Any person winning over six hundred dollars ($600.00) in prizes from the Sponsor will receive an IRS Form 1099-MISC at the end of the calendar year to report the value of such prizes, and a copy of such form will be filed with the IRS. If any tax withholdings are required to be performed by Sponsor or Administrator in connection with a prize under applicable law, Sponsor shall undertake such required tax withholdings (and winner agrees to provide any reasonable cooperation as may be needed in connection with any such withholdings).
- CONDUCT AND DECISIONS: By participating in the Sweepstakes, entrants agree to be bound by the Official Rules and the decisions of Sponsor. Persons who violate any rule, gain unfair advantage in participating in the Sweepstakes, or obtain winner status using fraudulent means will be disqualified. Unsportsmanlike, disruptive, annoying, harassing or threatening behavior is prohibited. The Sponsor will interpret these rules and resolve any disputes, conflicting claims or ambiguities concerning the rules or the Sweepstakes and the Sponsor's decisions concerning such disputes shall be final. If the conduct or outcome of the Sweepstakes is affected by human error, any mechanical malfunctions or failures of any kind, intentional interference or any event beyond the control of the Sponsor, the Sponsor reserves the right to terminate this Sweepstakes, or make such other decisions regarding the outcome as the Sponsor deems appropriate. All decisions will be made by the Sponsor and are final. The Sponsor may waive any of these rules in its sole discretion. Any attempt by an entrant or any other individual to deliberately alter, circumvent, disrupt, damage any website, or undermine the legitimate operation of this Sweepstakes is a violation of criminal and civil laws. Should such an attempt be made, the Sponsor reserves the right to seek civil and/or criminal prosecution and/or damages from any such person to the fullest extent permitted by law. Entrant hereby waives and releases all claims for the above.
- LIMITATION OF LIABILITY; HOLD HARMLESS; RELEASE: Any and all expenses not specifically mentioned herein are the sole responsibility of winner. The Sponsor reserves the right to substitute any portion of these prizes for a prize of equal or greater value. No transfer, assignment, change of the prize, or cash substitution is permitted. Each entry will have an equal chance of winning. A winner agrees to accept their prize “as is” (including but not limited to any Vehicle Prize modifications undertaken by Sponsor) and all entrants hereby acknowledge that the Sweepstakes Entities (as defined below) have neither made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to the prize, including, without limitation, to the prize’s quality, merchantability or fitness for a particular purpose or express warranties (if any) provided exclusively by a supplier that are sent along with the prize. Sponsor will not replace any lost or stolen prize. If a prize notification or Sweepstakes-related communication is lost, rejected, faulty, or returned as undeliverable, or if a potential winner cannot be contacted after a reasonable attempt has been made by Sponsor (as determined by Sponsor in its sole discretion) or is disqualified, the Sponsor reserves the right to randomly choose an alternate potential winner, in its sole discretion. Unclaimed prize(s) will not be awarded. Other restrictions may apply. All federal, state, and local taxes in connection with a prize are the sole responsibility of each winner. By entering the Sweepstakes, and by accepting any prize, all Entrants expressly agree to indemnify, defend, and hold harmless, and do hereby forever waive, release, discharge, and covenant not to sue Pit Viper, LLC, the Sweepstakes Entities, and/or any of their past and present partners, limited partners, owners, affiliates, members, managers, entity owners (and the current and former officers, directors, shareholders, partners, members, limited partners, managers, affiliates, assigns and employees of any owners or entity owners), employees, agents, attorneys, vendors, advertising, public relations, promotional, fulfillment and marketing agencies, website providers, directors, officers, shareholders, contractors, successors, assigns and insurers (collectively "Released Parties"), for and from any and all claims, debts, liabilities, demands, obligations, costs, fees, expenses, actions and causes of action whatsoever, of every nature, character and description (collectively, "Claims"), known and unknown, including, but not limited to, all those arising out of or in any way related to the Sweepstakes; these Official Rules (including the legality of these Official Rules or any portion hereof); entrant's entry into and/or eligibility for the Sweepstakes; the negligence of Sponsor or Administrator or any Sweepstakes Entities; the prizes (including without limitation the receipt, non-receipt, acceptance, rejection, possession, misuse or use of the Prize, and additional expenses incurred by winner and their guest in connection with a prize), any participation in the Sweepstakes; and any presence at any Sweepstakes-related or Prize- related location or venue. The Released Parties are not responsible for: (i) lost, late, incomplete, stolen, misdirected, postage due or undeliverable e-mail/text notifications or postal mail; (ii) any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections, or availability; (iii) garbled, corrupt or jumbled transmissions, service provider/network accessibility, availability or traffic congestion; (iv) any technical, mechanical, printing or typographical or other error; (v) the incorrect or inaccurate capture of registration information or the failure to capture, or loss of, any such information; (vi) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, technical error, theft or destruction or unauthorized access to the Sweepstakes; (vii) any injury or damage, whether personal or property, to entrants or to any person's computer related to or resulting from participating in the Sweepstakes and/or accepting a Prize or item; and (viii) Sweepstakes entries that are late, forged, lost, misplaced, misdirected, tampered with, incomplete, deleted, damaged, garbled or otherwise not in compliance with the Official Rules. Further, the Released Parties are not responsible for any undelivered text messages or e-mails, including without limitation, e-mails that are not received because of an entrant’s privacy or spam filter settings that may divert any potential winner notification or other Sweepstakes or prize-related e-mail to a spam or junk folder. Without limiting anything in the foregoing and solely for purposes of clarity, any participant in the Sweepstakes agrees: (i) to be bound by these Official Rules, including entry requirements; (ii) to waive any rights to claim ambiguity with respect to these Official Rules; (iii) to waive all of his/her rights to bring any claim, action or proceeding against any of the Released Parties in connection with the Sweepstakes; and (iv) to forever and irrevocably agree to release and hold harmless each of the Released Parties from any and all claims, lawsuits, judgments, causes of action, proceedings, losses, demands, fines, penalties, liability, costs and expenses (including, without limitation, reasonable attorneys’ fees) that may arise in connection with: (a) the Sweepstakes and any prize, including, but not limited to, any Sweepstakes-related activity or element thereof, and the entrant’s entries, participation or inability to participate in the Sweepstakes or prize; (b) the violation of any third-party privacy, personal, publicity or proprietary rights; (c) acceptance, attendance at, receipt, travel related to, participation in, delivery of, possession, defects in, use, non- use, misuse, inability to use, loss, damage, destruction, negligence or willful misconduct in connection with the use of any prize (or any component thereof), including, but not limited to, personal injury, death, or damage to or loss of property; (d) any change in the prizing (or any components thereof); (e) human error; (f) any wrongful, negligent, or unauthorized act or omission on the part of any of the Released Parties; (g) lost, late, stolen, misdirected, damaged or destroyed prizes (or any element thereof); or (h) the negligence or willful misconduct by entrant. If Sponsor determines (in its sole and absolute discretion) that, for any reason, the Sweepstakes is not capable of running as planned, or the integrity and/or feasibility of the Sweepstakes is undermined by any event beyond the control of Sponsor, including but not limited to fire, flood, epidemic, pandemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, or any federal, state or local government law, order, or regulation, order of any court or jurisdiction, hacking or infection by computer virus, unauthorized intervention, technical failures or other cause not reasonably within the control of Sponsor (each a “Force Majeure” event or occurrence), Sponsor reserves the right, at its sole and absolute discretion, to abbreviate, cancel, terminate, modify or suspend the Sweepstakes and/or proceed with the Sweepstakes, including the selection of a winner or winners in a manner it deems fair and reasonable, including the selection of winners from among eligible entries received prior to such cancellation, termination, modification or suspension without any further obligation provided a sufficient number of eligible entries are received. If Sponsor, in its discretion, elects to alter this Sweepstakes as a result of a Force Majeure event, a notice will be posted at the Website.
WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS SWEEPSTAKES, INCLUDING THE PRIZES, IS 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.
- MISCELLANEOUS: Winner must submit proof of eligibility under these Official Rules and sign the Sponsor’s Prize Claim Documents to claim the prize. The Sponsor may substitute prizes, as well as extend, modify, or discontinue the Sweepstakes at any time without prior notice. The Sponsor disclaims any responsibility to notify entrants of any aspect related to the conduct of the Sweepstakes. The Sponsor is not responsible for any typographical error in the printing of these Official Rules, administration of the Sweepstakes, or in the announcement(s) of the Sweepstakes prizes. All entries and information become property of the Sponsor and will not be acknowledged or returned.
- PROVISION OF OFFICIAL RULES AND WINNERS LIST: Official Rules for the Sweepstakes may be obtained by visiting www.pitviper.com. To obtain identification of the prize winners, mail a self-addressed, stamped business-sized envelope to: 159 W Haven Ave. Salt Lake City, UT 84115. Winners list requests must be received by Sponsor by 60 days from end of sweepstakes period.
- TERMS AND CONDITIONS: All terms and conditions of Sponsor and Sweepstakes Entities are incorporated into these Official Rules of this Sweepstakes.
- JURISDICTION: By entering, entrants agree that all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrant’s rights and obligations, or the rights and obligations of the Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of State of Utah without giving effect to any choice of law or conflict of law rules and the United States of America applicable to contracts made and performed entirely in Utah and where the relevant contacts are with such state. By entering, entrants consent to the jurisdiction and venue of the federal, state, and local courts located in Salt Lake City, Utah.
- CHOICE OF LAW: Any and all legal disputes and lawsuits between entrants and Sweepstakes Entities shall be governed by the laws of the Utah.
- SPONSOR: Pit Viper, LLC. 159 W Haven Ave, Salt Lake City UT 84115. Sponsor is responsible for the collection, submission or processing of Entries and the overall administration of the Sweepstakes. Entrants should look solely to Sponsor with any questions, comments or problems related to the Sweepstakes. Sponsor may be reached by email at info@pitvipersunglasses.com during the Promotion Period. Sponsor reserves the right to change or cancel the Sweepstakes at any time, and entrants hereby waives and releases all claims regarding same.