2020 Axcel® Elk Contest

OFFICIAL RULES
Facebook & Instagram Giveaway
NO PURCHASE OF ANY PRODUCT OR SERVICE IS REQUIRED TO ENTER OR PARTICIPATE IN THIS PROMOTIONAL SWEEPSTAKES. PARTICIPATION IN THIS PROMOTIONAL SWEEPSTAKES IS FREE. PURCHASE OF SPONSOR’S PRODUCTS OR SERVICES WILL NOT INCREASE YOUR ODDS OF WINNING. VOID WHERE PROHIBITED!
1.      FACEBOOK & INSTAGRAM RELEASE: This Contest is in no way sponsored, endorsed or administered by, or associated with, Facebook or Instagram. Entrants are providing information to the Sponsor and not to Facebook or Instagram.
2.      AGREEMENT TO OFFICIAL RULES: Participation in this Sweepstakes constitutes entrant’s full and unconditional agreement to these Official Rules and the Sponsor’s decisions, which are final and binding in all matters related to this Sweepstakes. Winning and receiving any Prize is contingent upon fulfilling all requirements set forth in these Official Rules.
3.      SPONSOR: Tomorrow’s Resources Unlimited, Inc., DBA TRU Ball®/AXCEL® Archery (“Sponsor”).
4.      ELIGIBILITY: Open to legal residents of the 50 United States and the District of Columbia, who have reached the age of majority in their state or territory of residence at time of entry. Legal residents of Canada who have reached the aforementioned age in their province of residence at time of entry are also eligible to enter. Canadian residents will be required to answer a time-limited mathematical skill-testing question to claim the prize if selected as the winner.  The Sweepstakes is also open internationally, but is void wherever prohibited or restricted by law. The Sweepstakes is subject to all applicable federal, state and local laws. Employees, officers, directors and agents of Sponsor and its affiliates, and the immediate families (parents, siblings, children and spouses) and persons living in the same household (whether related or not) of such persons are not eligible to enter the Sweepstakes or win a Prize (as defined below).
5.  ENTRIES: This Sweepstakes begins when the giveaway content is posted on the TRU Ball®/AXCEL® Archery Facebook page account and ends when specified in the post (the “Sweepstakes Period”). All times are according to Sponsor’s time clock. During the Sweepstakes Period, the Sponsor will make one or more posts using the TRU Ball®/AXCEL® Archery Facebook and Instagram account that asks potential entrants to 1) like the TRU Ball®/AXCEL® Archery Facebook and 2) Instagram page, 3) like the giveaway posts, and 4) tag someone in the comments to enter this Sweepstakes during the Sweepstakes Period using your personal Facebook account to like the TRU Ball®/AXCEL® Archery Facebook page. Any entry containing language the Sponsor in its sole discretion deems inappropriate will be deleted and the entrant who submitted such Entry will be disqualified. 5) In addition to these criteria, a form with answers to each of the four categories must be submitted via the contest page on www.truball.com. All Entries must be received during the Sweepstakes Period. By entering, entrants agree to comply with these Official Rules, including all eligibility requirements. Sponsor reserves the right to verify the eligibility of all entrants. Illegible and/or incomplete Entries, and Entries submitted by entrants who do not meet the eligibility requirements (including all requirements with respect to age and residence) are null and void. Sponsor and its agents are not responsible for lost, late, stolen, damaged, incomplete, invalid, un-intelligible, garbled, delayed or misdirected Entries, for technical failures of any kind, or any human error which may occur in the receipt or processing of the Entries. Sponsor reserves the right to modify the scheduling of the Sweepstakes without prior notification. All Entries become the sole property of Sponsor and will not be acknowledged or returned.
6. SELECTION AND NOTIFICATION: On or about the ending time of the Sweepstakes Period, Sponsor or its designee, the judge of the Sweepstakes, whose decisions are final and binding on all matters relating to the Sweepstakes, will randomly draw one (1) Entry from among all correct answers received in each category. That one (1) Entry drawn will be used to determine the potential winner of a Prize (the “Potential Winners”). The Potential Winner will be eligible to win a Prize, subject to verification of eligibility and compliance with these Official Rules. The Potential Winner will be notified by Email, Facebook or Instagram direct message, and/or a comment on the giveaway post using the handle provided in the Potential Winner’s Entry or by a public post to the TRU Ball®/AXCEL® Archery Facebook page to confirm the Potential Winner’s full name, date of birth, place of residence and a mailing address (“Eligibility and Contact Information”) and the Potential Winner must respond by email within five (5) calendar days of the date of the Prize Notification (the “Deadline”) with Potential Winner’s Eligibility and Contact Information. If Sponsor does not receive a Potential Winner’s response to the Prize Notification by the Deadline, such Potential Winner will be disqualified and an alternate Potential Winner will be selected from all remaining eligible Entries. Sponsor is not responsible for the failure for any reason whatsoever of any Potential Winner to receive their Prize Notification or for Sponsor to receive any Potential Winner’s response. The inability of Sponsor to contact a Potential Winner, the failure of a Potential Winner to contact Sponsor in a timely manner, the inability of a Potential Winner to accept or receive a Prize for any reason, the return of any Prize as undeliverable, and/or the non-acceptance by a Potential Winner of any Prize for any reason will result in disqualification of such Potential Winner, and alternate Potential Winners will be selected randomly from all remaining eligible Entries received with correct answer in the respective category until a Winner is selected or no remaining eligible Entries remain. Each Potential Winner who complies with all of the foregoing requirements and all other conditions herein and ultimately receives a Prize is known as a “Winner”. Once an entrant is selected as a Potential Winner, such entrant will not be eligible for any subsequent drawings.
7.      PRIZES: Winner will receive exactly what is specified on the contest webpage: https://truball.com/pages/2020-axcel%C2%AE-elk-contest
8.      CONDITIONS: Selection and specifics of all Prizes will be determined at Sponsor’s sole discretion. All Prizes are subject to availability. Winners are not entitled to any surplus between the actual retail value of his/her Prize and its stated approximate retail value; and any difference between the stated approximate retail value and actual value of the Prize will not be awarded. No cash redemption or prize substitution will be allowed, except by Sponsor, who reserves the right in its sole discretion to substitute cash value or another prize it believes is of equal or greater value. All Prizes are non-transferable. Odds of winning depend on the number of eligible Entries received during the Sweepstakes Period and are determined by dividing such number by one (1). All Prizes are awarded “AS IS” and WITHOUT WARRANTY OF ANY KIND, express or implied (including without limitation, any implied warranty of merchantability or fitness for a particular purpose). Acceptance, participation in and/or use of the Prizes are at the Winners’ sole risk and Sponsor is not responsible for damages whatsoever, including special, indirect, or consequential damages, arising out of or in connection with the use and/or misuse of any of the Prizes. Sponsor reserves the right to verify eligibility of all Winners. Prizes will be awarded by U.S. Mail, Federal Express, UPS and/or other shipping method, in Sponsor’s and/or its Prize supplier’s sole discretion, using the applicable Eligibility and Contact Information of the Winner. If any Winner is unable to accept a Prize or any portion of a Prize for any reason, Sponsor shall have no further obligation to such Winner.
9.      TAXES AND COSTS RELATED TO THE PRIZES: All applicable taxes, tariffs and fees are the sole responsibility of the Winner. If required by Sponsor, each Winner must complete and return to Sponsor an IRS Form W-9. Each Winner may be issued a 1099 tax form for the approximate retail value of the Prize.
10.  CONDITIONS: By participating in this Sweepstakes and/or by accepting a Prize, participants: (a) agree to be bound by these Official Rules, the decisions of Sponsor and/or its designees and (b) agree to release and hold harmless Sponsor, Facebook, LLC, Instagram, and their respective affiliates, together with their respective employees, directors, officers, licensees, licensors, shareholders, members, attorneys and agents including, without limitation, any person or entity associated with the production, judging or administration of the Sweepstakes (collectively, the “Released Parties”), from any and all claims, demands, damages, losses, liabilities, costs or expenses caused by, arising out of, in connection with, or related to their participation in the Sweepstakes and/or their use or misuse of any Prize. By accepting a Prize, each Winner consents to the use of his/her name and/or likeness (voice, biographical information, city and state of residence, statements (including, but not limited to, any statements on any Entry), Facebook & Instagram handle, photograph, and recordings) for advertising and promotional purposes (including, but not limited to, use on Sponsor’s website without additional compensation, except where prohibited by law). Any Winner may be required to execute and return to Sponsor within five (5) days an Affidavit of Eligibility and a Liability and Publicity Release (where imposing such condition is legal) and any additional documents required by Sponsor in connection with the possibility of receiving a Prize. Any Winner may be required to furnish proof of identity, address, and birth date in order to receive a Prize. Sponsor reserves the right to make changes or additions to these Official Rules and/or extend the dates of this Sweepstakes for any reason at any time. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
11.  RELEASE. All decisions of Sponsor are final and binding; and entrants agree to waive any right to claim ambiguity in the Sweepstakes or these Official Rules, except where prohibited by law. By accepting a Prize, each Winner agrees to release the Released Parties from any and all liability, loss or damage arising from or in connection with awarding, receipt and/or use or misuse of any Prize. Sponsor reserves the right to use the Sweepstakes for publicity purposes in any media and to use the name, likeness, and hometown name and/or Prize information of selected entrants as part of that publicity, without any compensation or prior review unless prohibited by law. This Sweepstakes is void where prohibited or restricted by law, and subject to applicable federal, state, and local laws. Sponsor reserves the right to disqualify any entrant it finds to be tampering with the entry process or the operation of the Sweepstakes or violating these Official Rules. The Released Parties shall not be liable for: (a) late, lost, delayed, stolen, misdirected, postage due, incomplete, unreadable, inaccurate, garbled or unintelligible Entries or communications, regardless of the method of transmission; (b) telephone system, telephone or computer hardware, network, server, internet service provider, data service provider, satellite, cable, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors; (c) data corruption, theft, destruction, unauthorized access to or alteration of Entry or other materials; (d) any injuries, losses or damages of any kind caused by the Prize or resulting from acceptance, possession or use (or misuse) of a Prize, or from participation in the Sweepstakes; or (e) any printing, typographical, administrative or technological errors in any materials associated with the Sweepstakes. Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend the Sweepstakes should any unauthorized intervention or other cause beyond Sponsor’s control corrupt the administration, security or proper play of the Sweepstakes. Sponsor may prohibit an entrant from participating in the Sweepstakes or winning a Prize if, in its sole discretion, it determines such entrant is attempting to undermine the legitimate operation of the Sweepstakes in any way by cheating, deception, or any other unfair playing practice that annoys, abuses, threatens or harasses any other entrants or representatives of Sponsor.
12.  USE OF PERSONAL INFORMATION: In order to participate in this Sweepstakes, participants will be required and requested to supply certain information about them. Sponsor has specified which information is mandatory in order to participate in the Sweepstakes. Any information provided to Sponsor will be used by Sponsor for the purposes of administering the Sweepstakes, but will not be sold or rented to third parties.
13.  USER-GENERATED CONTENT: The Sponsor reserves the rights to remove or reproduce any user-generated material. For the purposes of this condition, the term “user-generated material” shall refer to any information, content, or any other media uploaded, posted, emailed, submitted, or otherwise communicated to TRU Ball®/AXCEL® Archery via any method at any page on www.truball.com or its affiliated websites or any other content communication or submission medium or forum, including this giveaway. This applies to the content produced by all giveaway participants, including those tagged in the comments of the giveaway post. By sharing any contribution or user-generated material (including any text, photographs, graphics, video, audio or any other type of media or content) with TRU Ball®/AXCEL® Archery, you grant us, our subsidiaries, agents and affiliates, the unlimited worldwide, perpetual, unending right to use, reproduce, distribute, and convey, free of charge, your image/photograph in any format or medium now known or subsequently developed, to modify and edit your image/photograph, to combine your image/photograph with other images, video, audio, text and other media, to create derivative works incorporating, including or based on your image/photograph, and to sublicense any or all of the foregoing rights. This grant shall be construed broadly.
14.  CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATIONS OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
15.  DISPUTES: Each entrant agrees that (a) any and all disputes, claims, and causes of action arising out of or in connection with this Sweepstakes, or any Prizes awarded, shall be resolved individually, without resort to any form of class action, and any judicial proceeding shall take place in a federal or state court in Lynchburg, Virginia; (b) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys’ fees; and (c) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, 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. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant and Sponsor in connection with this Sweepstakes shall be governed by, and construed in accordance with, the laws of the Commonwealth of Virginia, without giving effect to any choice of law or conflict of law rules or provisions (whether of the Commonwealth of Virginia or any other jurisdiction), that would cause the application of the laws of any jurisdiction other than those of the Commonwealth of Virginia.