NO PURCHASE NECESSARY | OFFICIAL ENTRY FORM
ENTER TO WIN
A KONKI D YETI® KOOLER TAILGATE PACK
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Konki D Yeti® Cooler Tailgate Pack Promotional Giveaway
NO PURCHASE NECESSARY TO ENTER OR WIN. MAKING A PURCHASE WILL NOT INCREASE YOUR ODDS OF WINNING. THIS PROMOTION IS VOID WHERE PROHIBITED, TAXED, OR OTHERWISE RESTRICTED BY LAW.
This Konki D Yeti® Cooler Tailgate Pack Promotional Giveaway, as described in these Official Rules (the “Giveaway”), is sponsored by Konki Digital, a trade name of Nannerdog Holdings, LLC (the “Sponsor”), with a principal place of business located at 5002 Kingston Pike, Suite 245, Knoxville, TN 37919 (the “Pickup Location”). Facebook®, Instagram®, and Twitter® are not affiliated with this Giveaway.
Sponsor will give away, to each of three (3) different winners, a Yeti® Roadie 20 cooler stocked with soft drinks, chips or other non-perishable food items, and a $50 Kroger Gift Card. Each stocked cooler is referred to hereafter as a “Prize.” The approximate retail value of each Prize, based on the amount Sponsor paid to unaffiliated sellers for Prize items, is $400.00.
The specific features, colors, options, accessories, and non-perishable food items associated or included with a Prize shall be determined by Sponsor, in its sole discretion. Any and all warranties and guarantees with respect to a Prize are subject to the manufacturer’s terms. No Prize is assignable or transferable. No substitution of a Prize is permitted. A Prize may not be redeemed for cash or other consideration.
Notwithstanding any other provision of these Official Rules, Sponsor reserves the right to substitute a comparable item of like or greater value, including cash, for any Prize, or component thereof, for any reason. Each winner is responsible for all local, county, state, and federal taxes on Prizes based on the value of each Prize set forth in these rules.
It is your responsibility to ensure that any food products forming part of a Prize are safe for consumption with regard to any allergy, disease, or other health concerns, whether consumed by you or any other person to whom you may transfer them. Inquiries about any health concerns associated with a product must be made to the product’s manufacturer.
You must be: (i) a natural person; (ii) at least twenty one (21) years of age as of September 1, 2019; (iii) a resident of the State of Tennessee; and (iv) able to access and fully complete Sponsor’s online entry form to enter or win. Sponsor must be able to reasonably verify your eligibility for you to win. You may only enter the Giveaway once. Incomplete entry forms will not be accepted; except that, you are not required to provide a photograph with your entry. Persons uploading images other than a photograph of their own face only, or any image that is otherwise obscene, distasteful, or objectionable in Sponsor’s sole discretion, will have their entries immediately disqualified and shall not be eligible to win.
In the event that your entry is drawn to receive a Prize, Sponsor must be able to notify you via the phone and email address you have provided in the online entry form, or you must otherwise be able to be notified by radio as described below for you to claim a Prize. Further, you must able to pick up a Prize (if awarded) in person at the Pickup Location within the period specified below to claim a Prize. Individuals are eligible to win only one (1) prize in any giveaway or other promotion sponsored by Konki Digital within any ninety-day (90-day) period, regardless of the number of giveaways or promotions entered.
If you disagree with or do not accept the terms or provisions of these Official Rules in full, you are not eligible to enter or win. Any failure by you to fully comply with these Official Rules will result in your forfeiture of any entry and/or Prize.
Owners, directors, managers, employees, and other staff of Sponsor, Fanrun Radio, Sports Radio Knoxville, and each of their respective parent companies, subsidiaries, affiliates, and divisions, along with such persons’ parents, siblings, spouses, and children are not eligible to enter or win.
This Giveaway shall be void and of no effect outside the State of Tennessee. Entries received by ineligible entrants shall be void.
PROMOTIONAL PERIOD; WHEN TO ENTER
This Giveaway will run from September 24, 2019 (the “Start Date”) through Thursday, October 24, 2019, with drawings to be held on Thursday, October 3, 2019, Thursday, October 10, 2019, and Thursday, October 24, 2019. You may enter anytime from the Start Date, until 4:30 p.m. on Wednesday, October 23, 2019. Entries received by Sponsor after 4:30 p.m. on the Wednesday prior to each drawing will not be entered in the following Thursday’s drawing. However, non-winning entries will be entered in any later drawings for this Giveaway only. There is no need to re-enter this Giveaway after a drawing.
All times given in these Official Rules are in Eastern Standard Time.
HOW TO ENTER
Any eligible entrant who, during the entry period described above, fully and correctly completes an online entry form available from Sponsor’s website located at www.konkidigital.com, thereby agreeing with the terms and provisions of these Official Rules, will automatically be entered in the Giveaway. You are permitted, but not required, to upload a scanned or digital photograph of your face only for submission along with your entry form. Photographs may not be mailed or dropped off in person, as any mailed or other forms of attempted entry are prohibited. Incomplete, illegible, or illegal entries are void.
Sponsor shall not be responsible for any typographical, submission, or other errors by entrants, or any unavailability or interruption of any internet or other online service.
BY ENTERING THE GIVEAWAY, YOU REPRESENT AND WARRANT THAT: (I) YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE OFFICIAL RULES, WHICH SHALL BE BINDING, (II) YOU ARE ELIGIBLE TO ENTER AND WIN THE GIVEAWAY, (III) THAT ALL INFORMATION THAT YOU PROVIDE TO SPONSOR IS ACCURATE AND COMPLETE, AND (IV) THAT ALL INFORMATION AND MATERIALS THAT YOU PROVIDE TO SPONSOR ARE OWNED BY YOU AND ONLY YOU AND THAT SPONSOR’S USE OF SUCH MATERIALS AS DESCRIBED IN THESE OFFICIAL RULES WILL NOT VIOLATE THE RIGHTS OF ANY PERSON. FURTHER, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, BY ENTERING THE GIVEAWAY, YOU THEREBY AGREE TO INDEMNIFY AND HOLD HARMLESS SPONSOR FOR ANY LEGAL ACTION RESULTING FROM ANY MISREPRESENTATION OR BREACH OF THE FOREGOING REPRESENTATIONS AND WARRANTIES BY YOU, WITHOUT REGARD TO WHETHER SUCH MISREPRESENTATION OR BREACH IS INTENTIONAL.
Winning entries will be drawn at random from among the eligible entries received by Sponsor.
The odds of winning will depend on the number of eligible entries received by Sponsor, but are estimated to be approximately three in fifteen thousand (3 in 15,000) over the course of this Giveaway.
The judge’s decisions regarding winners shall be final.
NOTIFICATION OF WINNERS
Sponsor will attempt to notify persons whose entry is drawn by making a phone call and sending an email to the phone number and email address such person provides on his or her online entry form within twenty-four (24) hours of the applicable drawing. No second attempt at notification by phone or email shall be made. Entrants are responsible to ensure that the contact information supplied via an online entry form is correct and effective for notification, in the event that an entrant wins a Prize.
A winner’s full name and hometown will also be announced publicly on Fanrun Radio and Konki Digital, as well as via Sponsor’s website at konkidigital.com and various social media channels across multiple social media accounts controlled by Sponsor, Fanrun Radio, Konki Digital, and their owners and/or employees, within forty-eight (48) hours of the applicable drawing. Sponsor reserves the right to also publish a winner’s photograph by any means and at any time, if a winner provides a photograph to Sponsor.
After October 24, 2019, you may write to Sponsor at the Pickup Location to obtain the winners’ names. Such requests must be received by Sponsor by November 1, 2019, subject to applicable law. Additionally a description of all three (3) winners, along with any photographs submitted, will be posted on konkidigital.com.
Sponsor shall not be responsible for any typographical or other errors in the creation or transmission of any notification of a winner, or the unavailability, delay, or misdirection of any internet or other online service provider.
PUBLICITY AND RECORDS
By entering the Giveaway, an entrant further grants Sponsor the rights to receive, maintain, modify, and use any and all information and materials provided by entrant to Sponsor, in Sponsor’s sole discretion.
WHEN AND HOW TO CLAIM A PRIZE
A Prize must be claimed by a winner in person at the Pickup Location no later than 2:00 p.m. on the Thursday following the applicable drawing. Otherwise, the Prize winner will forfeit the Prize and Sponsor will dispose of the Prize by contribution to a charity of Sponsor’s choice or by other means in Sponsor’s discretion. The foregoing pickup period will be strictly enforced.
The winner shall be responsible for arranging for pick-up of the Prize from Sponsor. Any and all costs, fees, expenses, taxes, and insurance associated with the use, ownership, acceptance, or claiming of a Prize are solely the winner’s responsibility.
INDEMNIFICATION; ASSUMPTION OF RISK
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BY PARTICIPATING IN THE GIVEAWAY, YOU THEREBY AGREE TO INDEMNIFY AND HOLD HARMLESS SPONSOR AND ITS PARENT COMPANY, SUBSIDIARIES, AFFILIATES, AND EACH OF THEIR RESPECTIVE SHAREHOLDERS, PARTNERS, MEMBERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES (WHETHER PAST OR PRESENT), AGENTS, REPRESENTATIVES, INSURERS, SUCCESSORS, AND ASSIGNS FROM ANY AND ALL ACTIONS, CAUSES OF ACTION, SUITS, CLAIMS, RIGHTS, DEMANDS, DAMAGES, DEBTS, INTEREST, FEES, AND COSTS, INCLUDING, WITHOUT LIMITATION, ANY ATTORNEYS’ FEES AND COSTS, ARISING OUT OF OR IN ANY WAY RELATED TO THE GIVEAWAY OR YOUR BREACH OF THESE OFFICIAL RULES, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS BY ANY THIRD PARTIES BASED UPON TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY THAT IN ANY MANNER RELATE TO THE GIVEAWAY, OR SPONSOR’S ADMINISTRATION THEREOF, OR WHICH CONSTITUTE CLAIMS FOR SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ALL COURTS COSTS AND REASONABLE ATTORNEYS’ FEES, COSTS, AND EXPENSES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ASSUME FULL RESPONSIBILITY AND ANY AND ALL RISK ASSOCIATED WITH YOUR PARTICIPATION IN THIS GIVEAWAY, INCLUDING, WITHOUT LIMITATION, ANY AND ALL RISK ASSOCIATED WITH ANY: (I) UNAUTHORIZED ACCESS TO ANY INFORMATION OR MATERIAL SUPPLIED BY YOU AND STORED OR TRANSMITTED BY SPONSOR; (II) FAILURE OF ANY INTERNET SERVICE PROVIDER OR WEB HOSTING SERVICE; (III) THE PUBLISHING OF ANY INFORMATION OR MATERIAL PROVIDED TO SPONSOR BY ENTRANT; (IV) ANY ILLNESS OR OTHER INJURY TO YOURSELF OR ANY OTHER PERSON, INCLUDING DEATH, THAT IS (A) CAUSED BY CONSUMPTION OF ANY PART OR PORTION OF A PRIZE, (B) RESULTS FROM TRAVEL TO OR FROM PICKING UP A PRIZE, IF AWARDED, OR (C) FROM ACCEPTANCE, POSSESSION, USE, OR MISUSE OF PART OR ALL OF A PRIZE AND/OR ANY DEFECT THEREIN, IF AWARDED, AND (VII) ANY BREACH OF THESE OFFICIAL RULES BY YOU.
SPONSOR DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, ACCURACY, SECURITY, COMPLETENESS, OR USEFULNESS WITH RESPECT TO ANY AND ALL PRODUCTS OR SERVICES PROVIDED BY SPONSOR TO YOU IN CONNECTION WITH THE GIVEAWAY, INCLUDING, WITHOUT LIMITATION: ANY PRIZE, COOLER, OR FOOD ITEM; ONLINE ENTRY FORM; RECEIPT AND PROCESSING OF ENTRIES; SELECTION OF WINNING ENTRIES; NOTIFICATION OF WINNERS; PUBLISHING INFORMATION OR MATERIAL PROVIDED BY YOU; PUBLISHING INFORMATION OR MATERIAL RELATED TO WINNERS; AND SPONSOR’S MAINTENANCE OF ANY INFORMATION OR OTHER MATERIALS PROVIDED BY YOU. BY ENTERING THE GIVEAWAY, YOU WAIVE ANY RIGHT TO SAME. ANY SUCH PRODUCTS AND SERVICES ARE PROVIDED “AS IS,” “WHERE IS,” AND “WITH ALL FAULTS.” SPONSOR DOES NOT WARRANT THAT ANY SUCH PRODUCTS OR SERVICES ARE FREE OF ERRORS, OMISSIONS, DEFECTS, OR HARMFUL COMPONENTS.
GENERAL RULES; DISPUTES
If for any reason this Giveaway cannot be conducted as described in these Official Rules, due to any cause beyond Sponsor’s reasonable control, Sponsor reserves the right to terminate, modify, or suspend this Giveaway, in Sponsor’s sole discretion.
These Official Rules and this Giveaway shall be interpreted, construed, enforced, and governed by the laws of the State of Tennessee, without giving effect to any choice of law provision which would cause the application of the law of any other jurisdiction. Any dispute regarding the Official Rules or this Giveaway shall be resolved in a state or federal court located in Knox County, Tennessee.
Except where prohibited, each entrant agrees that: (1) any and all disputes, claims, and causes of action arising out of or connected with this Giveaway shall be resolved individually, without resort to any form of class action, (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including any costs associated with entering this Giveaway, but in no event attorneys’ fees; and (3) 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 any and all rights to have damages multiplied or otherwise increased.