TERMS and CONDITIONS – PATRIOT MOBILE 2024 THE PATRIOT SHOES GIVEAWAY
CONSUMER DISCLOSURE: YOU HAVE NOT YET WON. NO PURCHASE IS NECESSARY TO ENTER OR WIN. PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.
Eligibility: Patriot Mobile, America’s only Christian conservative cell phone company (the “Sponsor” or “Patriot Mobile”), The Patriot Shoes Giveaway Sweepstakes (“Sweepstakes”) is open to all individuals over the age of 18 and who are legal residents of the United States or District of Columbia at the time of entry (the “Eligibility Area”). Do not enter the Sweepstakes if you are not located in, and a legal resident of, the Eligibility Area. No purchase necessary to win.
Entry: The Sweepstakes officially opens at [8 a.m. on July 16, and ends July 11, 2024 at 7 p.m.] Central Time (the “Sweepstakes Period”). Sponsor’s IT systems is the official time keeping device for this Sweepstakes. All Entries must be received by the close of the Sweepstakes Period. Entries become the property of Sponsor and will not be returned. Proof of submission does not constitute proof of receipt. The Sweepstakes is hosted on the Patriot Mobile website located at patriotmobile.com/__________________________ (the “Site”), which is owned and operated by Patriot Mobile. You will be entering your information on the Site. By entering this Sweepstakes, you agree to these Official Rules, Patriot Mobile’s Privacy Policy, and Patriot Mobile’s Terms and Conditions.
Means of Entry: You may enter the Sweepstakes by entering your name, age, email address, and telephone number in the spaces provided on the Site (“Entries”). Entries must be received by the end of the Sweepstakes Period to be included with the random drawing. Illegal, late, lost, incomplete or garbled Entries are not eligible. Entries will be deemed submitted by the authorized account holder of the email address through which the entry was submitted.
Selection of Winners: Sponsor will select (i) one (1) winner per day on July 16, July 17 and July 18, for a total of three (3) winners from a random drawing from all eligible Entries received during the Sweepstakes Period. The decisions and actions of the Sponsor shall be final and binding on all matters relating to the Sweepstakes. Odds of winning depend on the number of eligible Entries received. The Winner will be notified via email and/or by text at the email address and/or by phone number previously provided to Sponsor by such entrant. The Winner must possess and present a valid form of picture identification showing an appropriate birth date that is acceptable to Sponsor for verification before the Prize is awarded.
Prizes: The daily winners will be selected to receive one (1) pair of “R.D.C. Patriot Shoes”, the prize (“Prize”).
If any Winner cannot be reached within 24 hours from the first notification attempt, then that Winner shall be disqualified and an alternative Winner will be randomly selected to receive the Prize originally drawn to the disqualified member. The Prize is awarded “AS IS,” “AS AVAILABLE,” and without warranty of any kind, express or implied, including without limitation any implied warranty of merchantability or fitness for a particular purpose. Prizes are not redeemable for cash and are not transferable. No substitutions of Prizes are permitted; however, Sponsor reserves the right to substitute any Prize with another of equal or greater value. ALL FEDERAL, STATE AND LOCAL TAXES ASSOCIATED WITH THE RECEIPT OR USE OF ANY PRIZE ARE SOLELY THE RESPONSIBILITY OF SUCH WINNER. The Winner of the Prize may be issued an IRS Form 1099 which documents the value of the Prize for tax purposes.
General Conditions: By entering into the Sweepstakes, you agree to abide by and be bound by these Official Rules, and to accept the decisions of Sponsor as final. Entry in this Sweepstakes does not constitute entry into any other promotion, sweepstakes of Sponsor or any affiliate. Neither Sponsor nor any affiliate is responsible for stolen, lost, late, misdirected, damaged, incomplete, illegible, or unreceived Entries, whether due to (i) typographical or system errors or failures, (ii) faulty transmissions or other telecommunications malfunctions, (iii) hardware or software failures of any kind, (iv) lost or unavailable network connections, (v) technical malfunctions, (vi) spam filters, or (vii) otherwise. Sponsor may prohibit an entrant from participating in the Sweepstakes or from winning the Prize if, in Sponsor’s sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception, or other unfair playing practices (including the use of automated quick entry programs or any other Entries generated by a script, macro, or other automated means) or intending to annoy, abuse, threaten, or harass any other entrants or Sponsor. If for any reason this Sweepstakes is not able to be conducted as planned, including, but not limited to, by reason of infection by computer virus, bugs, tampering, unauthorized intervention, fraud or any other causes beyond the reasonable control of Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes, then Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify, or suspend the Sweepstakes and randomly draw from those Entries received. Sponsor reserves the right to disqualify any participant or Winner and may refuse to award any Prize to a person who fails to follow these official rules or who is ineligible or has violated any rule, gained unfair advantage in participating in the Sweepstakes, obtained Winner status using fraudulent means, or made any misrepresentations relative to the Sweepstakes and Prize redemption. CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND, SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW, INCLUDING SEEKING CRIMINAL PROSECUTION. By participating, entrants acknowledge and represent that they unconditionally agree to be bound by these Official Rules and the decisions of Sponsor, which are binding and final in all matters relating to this Sweepstakes and waive any right to claim ambiguity in the Sweepstakes or these Official Rules.
Rights Granted to Sponsor; Publicity: By participating, you grant Sponsor permission to use your name, likeness or comments for publicity purposes without payment of additional consideration, except where prohibited by law. The Winner also agrees that their name and Prize value may be made public by Sponsor.
Release: YOU ACKNOWLEDGE AND AGREE THAT ANY ACCEPTANCE, PARTICIPATION IN OR WITH, AND/OR USE OF ANY PRIZE ARE SOLELY AT YOUR OWN RISK. YOU, ON BEHALF OF YOURSELF AND YOUR ASSIGNS, HEIRS, DEVISEES AND ESTATE (COLLECTIVELY, “SUCCESSORS”), HEREBY UNCONDITIONALLY AND FOREVER RELEASE, DISCHARGE, AND AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS SPONSOR, ITS AFFILIATES AND OTHER PROVIDERS OF ANY PRIZE AND EACH OF THEIR RESPECTIVE PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROFESSIONAL ADVISORS, AND CONTRACTORS (COLLECTIVELY, “RELEASED PARTIES”), FROM ANY AND ALL CLAIMS, JUDGMENTS, COSTS, DAMAGES, LOSSES, EXPENSES, AND LIABILITIES (WHETHER UNDER CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE (WHETHER ACTIVE, PASSIVE, OR IMPUTED), STRICT LIABILITY, PRODUCT LIABILITY, OR ANY OTHER THEORY) RELATING TO ANY CLAIM YOU MAY NOW OR LATER HAVE WITH RESPECT TO ANY DEATH, PERSONAL INJURY, PROPERTY DAMAGE, PECUNIARY, OR OTHER LOSS, DAMAGE, COST, OR EXPENSE (COLLECTIVELY, “HARM”) THAT MAY BE SUFFERED BY YOU OR ANY THIRD PARTY AS A RESULT OF THE SWEEPSTAKES, USE OR STORAGE OF A PRIZE, ANY USE BY THE RELEASED PARTIES OF YOUR NAME, LIKENESS (INCLUDING, WITHOUT LIMITATION, VISUAL LIKENESSES OF YOU), OR BIOGRAPHICAL DATA, OR IN CONNECTION WITH YOUR ACCEPTANCE, PARTICIPATION IN OR WITH, USE OF, AND/OR INABILITY TO USE ANY PRIZE AWARDED TO YOU, EVEN IF SUCH HARM IS CAUSED SOLELY BY THE RECKLESSNESS, NEGLIGENCE, OR FAULT OF ONE OR MORE RELEASED PARTIES (COLLECTIVELY, THE “RELEASED CLAIMS”). YOU UNDERSTAND AND AGREE THAT THIS RELEASE WILL PREVENT YOU AND YOUR SUCCESSORS FROM BRINGING ANY ACTION AGAINST ANY RELEASED PARTY AND FROM RECOVERING ANY MONEY DAMAGES OR OTHER RELIEF FROM ANY RELEASED PARTY IN CONNECTION WITH ANY OF THE RELEASED CLAIMS.
Miscellaneous: All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the substantive laws of the State of Texas, without regard to its choice of law provisions. You irrevocably consent to the exclusive jurisdiction and venue of the federal and state courts located in Tarrant County, Texas, with respect to any claim or suit arising out of or in connection with these Official Rules, the Sweepstakes, any delivery, mis-delivery, or non-delivery of any Prize or your acceptance, participation in, use of, or inability to use any Prize, and agree not to commence or prosecute any such claim or suit other than in the aforementioned courts. EACH OF THE PARTIES HEREBY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THESE OFFICIAL RULES, THE SWEEPSTAKES OR ANY OF THE RELEASED CLAIMS. You understand and agree that if any provision of these Official Rules is found to be unenforceable in any respect by a court of competent jurisdiction, it is your intention and understanding that these Official Rules shall nonetheless be enforced to the maximum extent to which they are found to be legally enforceable. TO THE EXTENT PERMITTED BY LAW, YOU WAIVE THE BENEFIT OF ANY PROVISIONS OF ANY STATUTE OR OTHER LAW THAT MIGHT ADVERSELY AFFECT THE RIGHTS OF ANY RELEASED PARTY UNDER THESE OFFICIAL RULES. You understand and agree that your consent to these Official Rules set forth above are a material inducement for Sponsor and its affiliates to award a Prize to you and that Sponsor and its affiliates would not do so in the absence of your consent as evidenced by your participation in the Sweepstakes. These Official Rules are the entire agreement between Sponsor and its affiliates and you with respect to the matters described herein, and supersedes any and all other agreements and communications, oral or written, between you and Sponsor or any other Released Party with respect to such matters. These Official Rules may not be amended or supplemented except by a writing signed by Sponsor specifically referencing these official rules. Except where prohibited by law, as a condition of participating in the Sweepstakes, each entrant agrees that (i) any and all disputes and causes of action arising out of or connected with the Sweepstakes drawing or any Prizes awarded, shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of the American Arbitration Association and held in Tarrant County, Texas; (ii) the laws of the State of Texas will govern the enforcement and all proceedings at such arbitration; and (iii) judgment upon such arbitration award may be entered in any court having jurisdiction. Under no circumstances will any participant be permitted to obtain awards for, and each participant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than actual out-of-pocket expenses (i.e., costs associated with entering the Sweepstakes), and waives all rights to have damages multiplied or increased under any federal or state law. This Sweepstakes is void where prohibited by law or regulation. Sponsor may substitute Prizes of equivalent value, amend the rules, or discontinue the Sweepstakes at any time. Sponsor disclaims any responsibility to notify participants of any aspect related to the conduct of this Sweepstakes. This Sweepstakes is promoted and sponsored by Patriot Mobile, 1111 South Main Street, Suite 100 Grapevine, TX 76051.
By entering this Sweepstakes, you agree to the Official Rules, Patriot Mobile’s Privacy Policy, and Patriot Mobile’s terms and conditions. Further, by providing Patriot Mobile with your contact information, you give express permission to receive text messages and emails from Patriot Mobile in connection with (i) this Sweepstakes, (ii) special marketing offers that may be of interest to you, (iii) information about matters that align with Patriot Mobile’s mission statement (including issue alerts, get out the vote notices, issue advocacy, and invitations to special events) and (iv) other promotional communications. Message and data rates may apply. Text “stop” to any promotional or list text to opt out of non-account-related text messages from us or select the unsubscribe option in any promotional email to opt out from future non-account related communications.
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