The Dysfunctional Veterans AR-15 Giveaway Contest (the “Contest”)
Official Contest Rules (the “Official Rules”)
1. OVERVIEW: Dysfunctional Veterans (the “Sponsor”) is offering the Contest through its mydvstore.com website (the “Website”). The Website provides customers with the ability to purchase Dysfunctional Veterans branded apparel and other gift items. The Website affords customers the ability to place orders, redeem Offers and pay for those Offers or orders via a valid charge, credit or debit card (a “payment card”) which the customer enters during the checkout process on Website. Note: a person under the age of majority should only complete a purchase on the Website with the permission of a parent/legal guardian. If a person wishes to participate in this Contest but does not wish to make a purchase via the Website, he/she can follow the instructions found in Rule 5.B. to receive an entry without making a purchase from Dysfunctional Veterans. This Contest is being managed, produced and otherwise overseen by Titon Marketing (the “Marketing Company”). In these Official Rules, an eligible person (see Rule 2) who has an entry (an “Entry”) into the Contest recorded on his/her behalf is called a “Participant”. Participants agree to comply in full with all of the provisions of these Official Rules.
2. CONDITIONS OF ELIGIBILITY: Subject to the provisions of this Rule 2, the Contest is open to United States residents who are 21 years of age or older.
Persons in any of the following categories are NOT eligible to participate in, or to win the prize (the “Prize”) in the Contest: (a) any person who, on or after May 1, 2019, was or is a director, officer, employee, member, manager, agent, or franchisee of any of the Contest Entities; (b) any person engaged in the development, production or distribution of materials for the Contest; (c) any person who is or purports to be an immediate family member (defined as spouse, dependent for federal income tax purposes, half-sister, half-brother, or step-, biological, foster, in-law or adoptive mother, father, sister, brother, daughter or son) of, or who resides or is domiciled in the same household as, any person in any of the preceding categories. In these Rules, a person who is eligible to enter the Contest is called an “eligible person”.
3. CONTEST ENTITIES: In these Official Rules, the term “Contest Entities” means Sponsor, and its parent companies, subsidiaries, affiliates, franchisees, local advertising cooperatives, and Website developers, digital/advertising/promotion agencies, the Marketing Company, and all of their respective shareholders, officers, directors, agents, representatives and employees.
4. THE CONTEST PERIOD: The Contest Period (the “Contest Period”) begins Tuesday, April 30, 2019 at 8:30:00 p.m. local time and ends on Sunday, May 31, 2019 at 11:59:59 p.m. local time (the “Contest Period”).
5. HOW TO ENTER: An eligible person has two (2) ways to have an Entry into the Contest recorded on his/her behalf.
A. To Enter by Placing an Order Using mydvstore.com Website: An eligible person may use the Website to order any available Dysfunctional Veterans t-shirt (closeout/clearance items excluded). One (1) Entry is recorded on behalf of the Participant after he/she enters the Website, adds one or more full priced t-shirt(s) to his/her ‘cart’, causes the order to be completed by entering the required shipping and billing information and successfully making complete payment, via an acceptable payment method, for the order (the “Transaction”). Note: If by reason of any problem, whether mechanical, technical, due to human error or omission or for any other reason, the order cannot be completed, please refer to the instructions below in Rule 5.B. “To Enter by Mail Without Making a Purchase.”
B. To Enter by Mail Without Making a Purchase: If an eligible person wishes to have one (1) Entry recorded on his/her behalf without ordering a t-shirt on the Website, that Participant must submit an entry (a “mail-in entry” or “Entry”) as follows: the Participant must print in ink and legibly on a piece of paper his/her complete name, street address (including City/State and postal code), a daytime telephone number (including area code) and his/her valid email address. Then that Participant must place that paper in a postage-paid envelope and mail it to: The Dysfunctional Veteran’s AR15 Contest, P.O. Box 305, Keene, New Hampshire, 03431. Outer envelopes for mail-in entries with no return address on the outside will NOT be honored. Mail-in entries that are sent in business-reply envelopes, in envelopes that utilize or bear address labels or stickers, that are photocopied, hand-stamped, computer-generated or otherwise mechanically produced or reproduced, that are not addressed manually in ink, that fail in any way to comply with the requirements set out above in this sub-paragraph, or that are not mailed separately in separate envelopes bearing sufficient postage will NOT be honored (i.e., there can be only one mail-in entry per envelope). All envelopes containing mail-in entries must be received no later than June 7, 2019. If a mail-in entry is received after June 7, 2019, no Entry will be recorded in respect of that mail-in Entry on behalf of the person who submitted that envelope. One (1) Entry will be recorded on behalf of a Participant for each mail-in entry he/she submits which is in full compliance with the requirements set out in this Rule 5.B. There is no limit to the number of mail-in Entries which a Participant may submit in compliance with these requirements.
C. Limits: There is a limit of one (1) Entry being recorded per eligible Transaction and one (1) Entry being recorded per mail-in entry.
6. CONTEST DRAW/WINNER NOTIFICATION: On or about June 10, 2019, the Sponsor will select, at random, one (1) winning entry (the “Winning Entry”) and one (1) backup winning entry (a “Backup Entry”) from among all eligible Entries recorded during the Contest Period. Subject to the provisions of these Official Rules, the Winning Entry will be notified (the “Notification”) to that effect by the Marketing Company by email as follows: the Notification will be sent via email within two (2) business days following the date of the draw, to the email address associated with each potential Prize winner’s registration or, in the case of a mail-in entry, to the email address provided in the mail-in entry. The Winning Entry will be required to contact the Marketing Company, in accordance with the information provided in the email, and to do so by the date stated in that email. If that contact occurs, the Marketing Company will supply the potential Prize winner with a declaration and release document (a “Declaration and Release”), together with instructions to complete and submit the Declaration and Release to the Marketing Company, and stating the deadline by which the Declaration and Release must be received by the Marketing Company. The Declaration and Release contains among other things a release of liability, a publicity release and a form W9 tax document. The Declaration and Release must be completed and submitted to the Marketing Company by the person selected as the Winning Entry.
If the Marketing Company finds that the Winning Entry has properly submitted and completed the Declaration and Release, then that Winning Entry will be declared the winner (the “Winner”) of the Prize and the Marketing Company will contact the Winner in approximately two (2) to four (4) weeks to arrange for fulfillment of the Prize.
If the Winning Entry fails to contact the Marketing Company as referred to above or fails to complete properly and return the Declaration and Release by the deadline, then that Winning Entry will be disqualified from the Contest and will not receive the applicable Prize. In such a case, the Backup Entry will be notified by the Marketing Company and the process described above for the Prize will apply to that Participant. If, for any reason, a Participant whose Entry is drawn (the Winning Entry and the Backup Entry) is not declared the winner of the Prize, then those Prize winners will not have any claim against the Sponsor or against any other person, firm or corporation in respect of the Prize, the Contest, or any matter related to the Contest.
7. PRIZES AND ODDS OF WINNING. One (1) Prize is available to be won in the Contest. The approximate retail value (the “ARV”) of each Prize is $719.00 USD. The Prize consists of the following: one (1) voucher to War Dogs Armory, LLC for a SMITH AND WESSON M&P15 SPORT II OR PROMO KIT 223 REM | 5.56 NATO. The ARV does not include any applicable taxes, transfer fees, shipping, licensing, or any other fee or tax associated with the redemption of The Prize. The Voucher can be used by winner in his/her sole discretion. The voucher expires one (1) year from the issue date.
8. PRIZE/ENTRY CONDITIONS/RESTRICTIONS. Any difference between the ARV of the Prize and its actual value will not be awarded and any difference will not be refunded. There is no substitution or cash equivalent for the Prize. All federal/State taxes (including, without limitation, federal, state and/or local income taxes) on or connected with the Prize, and the reporting consequences thereof, are solely the responsibility of the Prize winner. If required by law, Sponsor reserves the right to withhold and remit to the appropriate taxing authorities the amount of any taxes due. Expenses not specifically stated as included in the Prize are the sole responsibility of the Prize winner.
General Entry Conditions: Each Participant acknowledges and agrees that the decisions of Sponsor and/or the Marketing Company are and shall be final, binding and conclusive in all matters relating to the Contest. Any person attempting to forge a Declaration and Release or to defraud Sponsor in any way in connection with this Contest may be prosecuted to the fullest extent permitted under the law. In the event of a dispute concerning the identity of a Participant, the Participant will be the registered mydvstore.com party associated with the disputed Entry, but only if that person meets all other eligibility criteria. Otherwise, the Entry may be disqualified and any Prize potentially won will be forfeited in Sponsor’s sole discretion.
9. GENERAL RELEASE AND CONDITIONS OF PARTICIPATION. Participants assume all risk of transmission, mailing, loss, damage, destruction, delay and misdirection of a Declaration and Release and are advised to obtain insurance where appropriate. Sponsor, and the Contest Entities and all of their respective shareholders, officers, directors, agents, representatives and employees are not responsible for: (a) incomplete, misdirected, late, lost, garbled, unintelligible, damaged, stolen, non-delivered or postage-due submissions of a Declaration and Release or other Contest-related materials whether caused by Participants, postal or courier services, wireless carriers, Internet Service Providers (“ISP”) or unauthorized human intervention; (b) any damage to a Participant’s or other person’s computer system or Digital Device which is caused or occasioned by accessing the Website, by participating in the Contest or by claiming the Prize; (c) technical difficulties or failures of any kind including, but not limited to, lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet, Digital Device or wireless carriers, websites or other connection, availability or accessibility problems arising in connection with or over the course of the Contest; (d) miscommunications, failed, jumbled, scrambled, delayed, dropped, interrupted, lost, non-delivered or misdirected computer, telephone, Digital Device, email, mobile or cable transmissions or hardware, software, program or programming malfunctions, failures or difficulties of any kind including, but not limited to: malfunctions, interruptions or disconnections in transmissions or connections, phone lines, network hardware or software, computers, equipment, programming errors, cable, satellite, cellular tower, or ISP or wireless carriers; (e) any technical malfunctions, failures or difficulties (including failures to correctly scan and/or redeem the Offers), printing errors or omissions, clerical, typographical or other errors or omissions in any Contest advertisement or other materials or postings or any Declaration and Release; (f) any errors, omissions or failures of any kind, whether human, mechanical, clerical, electronic, interruption of power, digital, mobile or technical in nature, or unauthorized human intervention; (g) any incorrect or inaccurate information, whether caused by the Website or tampering, hacking, or by any equipment or programming associated with, or utilized in the Contest, or (h) the incorrect or inaccurate capture of information or the failure to capture or loss of any information.
Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering or interfering in any way with the operation or conduct of the Contest, to be acting in violation of these Official Rules, or to be acting in an unsportsmanlike or disruptive manner, or with the apparent intent to disrupt or undermine the legitimate operation of the Contest, or to annoy, abuse, threaten or harass any other person. The Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. Any Declaration and Release submitted becomes the sole property of Sponsor and will not be returned. Sponsor shall not be responsible to correspond with Participants. By participating in the Contest, each Participant hereby releases and agrees to hold the Contest Entities harmless from and against any and all costs, injuries, losses or damages of any kind, including, without limitation, property damage, death and bodily injury (whether due to negligence or otherwise), due in whole or in part, directly or indirectly, to participation in the Contest or in any Contest-related activity or the receipt, use or misuse of the Prize or portion thereof. Participants waive the right to assert as a cost of winning the Prize, any and all costs of verification and redemption or travel to claim the Prize and any liability and publicity which might arise from claiming or seeking to claim the Prize. By participating in the Contest the Prize winner hereby agrees and grants Sponsor the right, but not the obligation, to the use of his or her name, voice and likeness, along with his or her address (city and state) and any statements made by or attributed to such Prize winner in any and all media, now known or hereafter devised, without prior notice, review, comment or approval, in perpetuity and throughout the world for advertising, commercial and promotional purposes in connection with the Contest and other promotions without further compensation, and releases the Contest Entities from any liability with respect thereto.
10. DISCLAIMER OF WARRANTIES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SPONSOR MAKES NO WARRANTIES, AND HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESSED OR IMPLIED, CONCERNING THE PRIZE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUCH PRIZE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, AND, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE CONTEST ENTITIES HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.
A. General: General: It is each Participant’s responsibility to ensure that he/she has complied in full with all of the conditions and requirements contained in these Official Rules.
B. Force Majeure/Printing and Production Errors or Omissions: Subject to any governmental approval which may be required, the Sponsor reserves the right, without prior notice and at any time, to terminate the Contest, in whole or in part, or to modify, suspend or extend the Contest, if it determines, in its sole discretion, that the Contest in any way and for any reason is impaired or corrupted or that fraud or technical problems, failures or malfunctions (including, without limitation, computer viruses, computer system overload or any other kind of electronic or other overload, glitches or printing or production errors or omissions) have destroyed or severely undermined the proper play, integrity and/or feasibility of the Contest. In the event that, in the Sponsor’s sole opinion, the Sponsor is impeded or prevented from continuing with the Contest as planned or intended by any event beyond its control, including, but not limited to fire, flood, natural or manmade epidemic or crisis, earthquake, explosion, labour 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), any federal, State, territorial or local government law, order or regulation, public health crisis, the order of any court or jurisdiction, or by any other cause not reasonably within the Sponsor’s control, then subject to any governmental approval which may be required, the Sponsor shall have the right to modify, suspend, extend or terminate the Contest.
C. Invalidity: The invalidity or unenforceability of any provision of these Official 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 Official 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. Headings and captions are used in these Official Rules solely for ease of reference and shall not be deemed or considered to affect in any manner the meaning or intent of these Official Rules or any provision hereof. These Official Rules cannot be modified or amended in any way except in writing by a duly authorized representative of the Sponsor. Subject to the provisions of these Official Rules, employees of the Sponsor, or of any of its franchisees, are not authorized to modify, amend or waive these Official Rules.
D. Governing Law: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations as between one or more Participants and the Sponsor in connection with the Contest shall be governed by and construed and interpreted in accordance with the federal laws of the United States of America, and in accordance with the internal laws of the New Hampshire, including the procedural provisions of those New Hampshire laws, without giving effect to any choice of law or conflict of law rules or provisions that would cause or bring about the application of any other jurisdiction’s laws. All Participants, the Sponsor and all other parties hereby attorn to the jurisdiction of the courts of the State of New Hampshire, sitting in the County of Cheshire, in respect of the determination of any matter or dispute arising under or in respect to the Contest or these Official Rules and agree that any such determination shall be brought solely and exclusively before such courts in the State of New Hampshire.
F. Cooperation in Prize Award Event(s): In consideration of being awarded the Prize in the Contest, the Prize winner, agrees to participate fully and without compensation in any announcement(s) and/or presentation ceremony/ceremonies and/or event or events organized or presented by the Sponsor in its sole discretion related to the granting of a Prize to such Prize winner and/or related to the Prize winner’s participating in the Prize, including the use and enjoyment of the Prize, including, without limitation, press events before, during and/or after the completion of any travel encompassed in the Prize.
G. Official Rules Availability: These Official Rules will be available at mydvstore.com until August 30, 2019. To receive a copy of the Official Rules via mail, a Participant should mail, in a postage-paid outer envelope, a self-addressed, postage-paid envelope to: The Dysfunctional Veterans AR-15 Contest Official Rules Request, PO Box 305, Keene, NH 03431. Limit one (1) self-addressed, postage paid envelope per outer envelope.