The Tough Mudder “Summer Series Giveaway #3” Sweepstakes
Sweepstakes starts August7, 2018 at 12:00 PM Eastern, ends September 3, 2018 at 11:59 PM Eastern.
See Official Rules (below) for complete details.
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Please keep comments relevant to Tough Mudder and the prizes in this giveaway.
We’ll start notifying the potential winner(s) on or about Thursday, September 6, 2018.
*HINT: Make sure your channel subscriptions are public. Learn how: tstrm.li/changeYTsubsettings
*HINT: Make sure you don’t miss our message! Learn how: tstrm.li/turnonYTnotifications
Tough Mudder “Summer Series Giveaway #3” Sweepstakes
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. Eligibility: The Tough Mudder “Summer Series Giveaway #3” Sweepstakes (the “Sweepstakes”) is open only to persons legally residing in one (1) of the fifty (50) United States, the District of Columbia, or Canada, who are at least thirteen (13) years old at the time of entry (the “Entrant”). Employees, officers, and directors of Tough Mudder Incorporated, (“Sponsor”), or Touchstorm, LLC (“Administrator”), and any of their respective related companies, parents, subsidiaries, affiliates, and agents and any agencies or other companies involved in the development or execution of the Sweepstakes or production or distribution of Sweepstakes materials, as well as the immediate family (spouse, parents, grandparents, siblings, and children) and household members of each such employee are not eligible. The Sweepstakes is subject to all applicable federal, state, and local laws and regulations. Void in Puerto Rico, Quebec and where prohibited.
2. Sponsor: Tough Mudder Incorporated, 15 MetroTech Center, Brooklyn, NY 11201. Administrator: Touchstorm, LLC, 9011 Arboretum Parkway, Suite 210, Richmond, VA 23236.
4. Timing: The Sweepstakes starts Tuesday, August 7, 2018, at 12:00 PM Eastern Time (ET) and ends Monday, September 3, 2018, at 11:59 PM ET (the “Sweepstakes Period”). The Administrator’s computer is the official timekeeper for this Sweepstakes.
5. How to Enter: To enter, Entrant must:
• subscribe to the Tough Mudder YouTube Channel (the “Channel”) located at https://www.youtube.com/ToughMudder; and
• comment (“Comment”) on the “GIVEAWAY: Win a TIM TAM POWER MASSAGER | Tough Mudder” video located at https://www.youtube.com/watch?v=uSEK0ckloaY (together the “Entry”).
1. In order to ensure that an Entry is seen, it is recommended that the Entrant set their channel subscriptions to public for the duration of the Sweepstakes Period, including through the end of the Winner Determination date (as defined in Section 6, below). For help with Subscription settings, visit: tstrm.li/changeYTsubsettings
2. Please keep comments relevant to Tough Mudder and the prizes in this giveaway.
3. To ensure Administrator is able to contact Entrant(s) and/or Potential Winner(s), it is recommended that Entrant turn on YouTube Notifications for the duration of the Sweepstakes Period, including through the end of the Winner Determination date (as defined in Section 6, below). For help with Notification settings, visit: tstrm.li/turnonYTnotifications
Entry must be received during the Sweepstakes Period. ONLY ONE (1) ENTRY IS PERMITTED PER ENTRANT. Multiple comments by an Entrant will not increase chances of winning. See General Conditions (as defined in Section 10, below) about the use of inappropriate language. Comments must be made by the authorized account holder at the time of entry. “Authorized account holder” is the natural person who is assigned the account by YouTube or other organization responsible for assigning accounts.
In order to be eligible to enter via YouTube, you must have a YouTube account, which is free.
By commenting, each Entrant warrants that it is created by the Entrant and grants Sponsor the perpetual, unlimited, and irrevocable right to post, publish, adapt, edit, make derivative works, and/or otherwise use the comment in any manner, for any purpose and in any other media now known or hereinafter developed.
Limitations On Entries. Any individual who attempts to enter, or in the sole discretion of Sponsor or Administrator is suspected of entering more than once or submits entries in excess of the disclosed maximum, by any means, including but not limited to establishing multiple YouTube accounts, entries generated by script, macro or other automated means or by any means which subvert the entry process, will be void. In the event of a dispute regarding entries received from multiple users having the same YouTube account, the authorized account holder of the account at the time of entry will be deemed the Entrant and must comply with these rules. Entrant may be required to provide identification sufficient to show that he/she is the authorized account holder. It is the sole responsibility of the Entrant to notify the Sponsor in writing if the Entrant changes the contact information provided during the Sweepstakes Period. Proof of entry does not constitute proof of delivery. All entries become the property of Sponsor and will not be returned to Entrant.
6. Winner Determination: Administrator is an independent judging organization whose decisions as to the administration and operation of the Sweepstakes and the selection of the potential winners are final and binding in all matters related to the Sweepstakes. Administrator will randomly select the potential Sweepstakes winners from all eligible entries received during the Sweepstakes Period, on or around Tuesday, September 4, 2018. Odds of winning depend on the number of eligible entries received throughout the Sweepstakes Period.
7. Winner Requirements: All potential winners are subject to eligibility verification and must comply with all terms and conditions of these Official Rules. Winning is contingent upon fulfilling all requirements.
Potential Grand Prize winners will be notified by a reply to their selected Comment beginning on or around Thursday, September 6, 2018, at the account provided on the entry (the “Notification”). If Administrator is unable to reach a potential Grand Prize winner at the time of Notification, the Administrator, at its sole discretion, will attempt to determine up to two (2) alternate means of communicating with the potential Grand Prize winner. If Administrator is unable to reach a potential Grand Prize winner after all such attempts, or if potential Grand Prize winner does not accept the prize during the Notification, such potential Grand Prize winner will be disqualified, and Sponsor shall have no further obligation to such potential Grand Prize winner and Administrator shall at its sole discretion be free to select an alternate potential Grand Prize winner. Notification is deemed to have occurred immediately upon sending of a message through YouTube or alternate means to the potential winner and potential winner must respond within forty-eight (48) hours as determined by Administrator’s clock. Each potential Grand Prize winner (parent/legal guardian if winner is a minor in his/her state or territory of residence) may be required to execute an Affidavit of Eligibility, a Liability Release, and (where legal) a Publicity Release (collectively, “Prize Claim Documents”) within seven (7) days, or as directed by the Administrator. The failure to respond timely to the notifications and the failure to provide the Prize Claim Documents will result in forfeiture of the prize and, in such case, the Administrator may declare an alternate winner, based on another random drawing. If a prize goes unclaimed or is forfeited by the winner, the prize may not be re-awarded, in Administrator’s sole discretion. Other restrictions may apply. In the event that a potential winner is disqualified for any reason, an alternate winner may be selected by the Administrator. Only three (3) alternate potential winners will be notified for any prize, after which the applicable prize will remain un-awarded.
Canadian Residents Only: If the potential Prize winner is a Canadian resident, he or she will be required to correctly answer a mathematical skill-testing question without mechanical or other aid (which may, in the sole and absolute discretion of the Administrator, be administered online, by email or other electronic means, by telephone, or in the Administrator’s form of declaration and release). Failure to correctly answer the skill-testing question (as determined by the Administrator in its sole and absolute discretion) may result in the potential winner being disqualified, and if disqualified, will forfeit all rights to the Prize, and the Administrator reserves the right, in its sole and absolute discretion and time permitting, to randomly select an alternate eligible Entry from among the remaining eligible Entries submitted (regardless of Entrants residence) and received during the Sweepstakes Period.
Acceptance of any prize shall constitute and signify winner’s agreement and consent that Sponsor may use the winner’s name, city, state, likeness, submission and/or prize information in connection with the Sweepstakes and/or for the advertising and promotion of Sponsor and/or Sponsor’s products, worldwide, including without limitation, the Internet, in perpetuity, in any media now known or hereafter developed, without limitation and without further payment or consideration, except where prohibited by law. Sponsor shall not incur any liability whatsoever to the extent Sponsor chooses to refrain from any exploitation of its rights hereunder. Winner will indemnify Sponsor, Released Parties (as defined in Section 9, below) and any licensee of Sponsor against all claims, damages, liabilities, and expenses (including reasonable counsel fees and legal expenses) arising out of any breach of these terms. If prize winner refuses their prize, or any portion thereof, such prize winner will be disqualified, and an alternate prize winner may be selected in accordance with the rules of this Sweepstakes.
8. Prizes: One (1) Grand Prize will be awarded and includes (together, the “Sweepstakes Prize”):
- Two (2) tickets to a Tough Mudder event (Tough Mudder 5K, Tough Mudder Half, or Tough Mudder Full) of winner’s choice; Approximate Retail Value (“ARV”) not to exceed $398 (USD)
- One (1)Tough Mudder Training Kit; ARV $120
- One (1) TimTam Power Massager V1.5; ARV $400
All Prizes are non-transferable and no substitution will be made unless Sponsor, in its sole discretion, determines otherwise. Sponsor reserves the right to substitute a prize for one of equal or greater value should it become unavailable for any reason. Winners are responsible for all taxes and fees associated with prize receipt and/or use. TOTAL ARV FOR ALL PRIZES: not to exceed $918 (USD) excluding shipping and sales tax. The ARV of prizes is subject to price fluctuations in the consumer marketplace based on, among other things, any gap in time between the date the ARV is estimated for purposes of these Official Rules and the date the prize is awarded or redeemed.
Sponsor shall be responsible for shipping and delivery to winner’s primary residence within the continental United States, the District of Colombia, and Canada only. All taxes, other than sales tax, and any other costs and expenses associated with prize acceptance and use not expressly provided for herein, are solely the responsibility of the winner. 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). All prize details are at Sponsor’s sole discretion. Winners may not give, barter, exchange, substitute, sell, assign or transfer prize or redeem prize for cash, but Sponsor reserves the right, at its sole discretion, to substitute prize (or portion thereof) with one of comparable or greater value. All federal, state, provincial, and local taxes and all other costs associated with prize acceptance and use not specified herein as being provided, are solely the responsibility of the winner.
9. Release: BY PARTICIPATING, ENTRANT AGREES TO RELEASE AND HOLD HARMLESS SPONSOR, ADMINISTRATOR, YOUTUBE, AND EACH OF THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, SUPPLIERS, DISTRIBUTORS, ADVERTISING/PROMOTION AGENCIES, AND PRIZE SUPPLIERS, AND EACH OF THEIR RESPECTIVE PARENT COMPANIES AND EACH OF SUCH COMPANY’S OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (COLLECTIVELY, THE “RELEASED PARTIES”) FROM AND AGAINST ANY CLAIM OF CAUSE OF ACTION, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, DEATH, OR DAMAGE TO OR LOSS OF PROPERTY, ARISING OUT OF PARTICIPATION IN THE SWEEPSTAKES OR RECEIPT OR USE OR MISUSE OF ANY PRIZE.
11. Limitations of Liability: The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by Entrant, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Sweepstakes; (4) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; (5) late, lost, undeliverable, damaged or stolen mail; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Sweepstakes or receipt or use or misuse of any prize. Sponsor is not responsible for misdirected or undeliverable entries or for any technical problems, malfunctions of computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof. Sponsor and Administrator are not responsible for any typographical/other error in entries, selection announcement or for any liability for damage to any computer system resulting from participation in, accessing or downloading information in connection with this Sweepstakes. If for any reason an Entrant’s Sweepstakes entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, Entrant’s sole remedy is another entry in the Sweepstakes, provided that, if it is not possible to award another entry due to discontinuance of the Sweepstakes, or any part of it, for any reason, Sponsor, in its sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the Sweepstakes prizes offered herein. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims.
12. Disputes: EXCEPT WHERE PROHIBITED, ENTRANT AGREES THAT: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS SWEEPSTAKES OR ANY PRIZE AWARDED SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, AND EXCLUSIVELY BY THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW YORK OR THE APPROPRIATE NEW YORK STATE COURT LOCATED IN KINGS COUNTY; (2) 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 (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. 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 LAWS OF THE STATE OF NEW YORK WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OR CONFLICT OF LAW RULES (WHETHER OF THE STATE OF NEW YORK OR ANY OTHER JURISDICTION), WHICH WOULD CAUSE THE APPLICATION OF THE LAWS OF ANY JURISDICTION OTHER THAN THE STATE OF NEW YORK. ALL PRIZES ARE AWARDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND.
14. YouTube Policies
a) Your participation in and entry into this Sweepstakes must be in compliance with YouTube’s own Community Guidelines. Entries which don’t comply with YouTube’s Community Guidelines will be disqualified.
b) The Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, YouTube. Any questions, comments or complaints regarding the Sweepstakes should be directed to Sponsor, not YouTube. By entering this Sweepstakes, you release YouTube from any and all liability related to this Sweepstakes.
15. Winner List: Winner List requests will only be accepted after the Sweepstakes end date (listed above) and no later than Monday, October 1, 2018. For the Winner List, send an email with subject line: “Tough Mudder ‘Summer Series Giveaway #3’ Sweepstakes, Winner List Request,” to email@example.com.