Backyard Bucket List Sweepstakes Official Rules
THE BACKYARD BUCKET LIST SWEEPSTAKES
NO PURCHASE NECESSARY TO ENTER OR WIN. MAKING A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.
ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.
SWEEPSTAKES ENTRY PERIOD: The Backyard Bucket List Sweepstakes (the “Sweepstakes”) begins at 12:00:01 AM Eastern Time (“ET”) on Tuesday, June 1, 2021 and ends at 11:59:59 PM ET on Tuesday, August 31, 2021 (the “Sweepstakes Period”). Within the Sweepstakes Period, there are three (3) Entry Periods (each, an “Entry Period”) and three (3) corresponding Random Drawings (each, a “Drawing”) as defined in the “Entry Periods & Drawings Schedule” below. Entries must be received during an Entry Period to be eligible for that Entry Period’s drawing and prize. Non-winning entries for an Entry Period will not roll over to subsequent Entry Periods. Sponsor’s computer is the official timekeeping device for this Sweepstakes.
ELIGIBILITY: The Sweepstakes is open to legal residents of the 48 contiguous U.S./D.C. (excluding AK and HI) who are age 18 or older at the time of entry. Void in Alaska, Hawaii, Puerto Rico, Guam, the U.S. Virgin Islands, outside the United States, and wherever else prohibited by law. Employees of Visit Tallahassee (the “Sponsor”), US Sweepstakes & Fulfillment Company (the “Sweepstakes Administrator”) and their respective subsidiaries, affiliates, advertising and promotion agencies, and the immediate family members (spouses, parents, children, and siblings and their spouses) of, and/or those living in the same household of each, are not eligible to enter. Sweepstakes is subject to all applicable federal, state and local laws and regulations.
HOW TO ENTER: There are three (3) ways to enter:
Method #2: Instagram Post Entry: During the Sweepstakes Period, participants may enter by visiting one of the locations listed at www.visittallahassee.com/backyardbucketlist (the “Website”) for the current month’s Entry Period (each, a “Location”), taking a photo at the Location (the “Photo”), and sharing the Photo via his/her public Instagram account including #TallyBucketListSweepstakes in the post caption to receive one (1) entry into the Sweepstakes for that Entry Period (the “Instagram Post Entry”). Participants may earn one (1) Instagram Post Entry per Location. Location must be clearly distinguishable in the Photo or such Instagram Post Entry may be void. Photo must not include individuals other than the entrant without express written permission. If Photo features a minor under the age of majority in his/her state of residence, entrant must obtain written permission from the minor’s legal guardian.
Method #3: QR Code Entry. During an Entry Period, participants may enter by using his/her webenabled mobile device to scan the QR code located at one of the current Entry Period’s Locations. Entrant will then be directed to a mobile web site where he/she must complete the entry form in its entirety and submit to receive one (1) entry into the Sweepstakes for that Entry Period (each, a “QR Code Entry”). Message and data rates may apply. Entrant’s wireless service provider may charge entrant for data usage, and entrant shall be responsible for any and all costs associated with this form of entry. Please consult your wireless service provider regarding their pricing plans. Entrant must be a wireless service subscriber with data usage, using a participating service provider in order to enter via this method. Not all wireless phone providers carry the necessary service to participate. Entrant should check his/her phone and service capabilities for specific mobile internet instructions.
IMPORTANT: MESSAGE AND DATA RATES MAY APPLY TO USE OF MOBILE PHONE/DEVICE TO PARTICIPATE IN SWEEPSTAKES. INSTAGRAM IS FREE TO DOWNLOAD AND AVAILABLE FOR iPHONE FROM THE APPLE APPLICATION STORE AND FOR ANDROID FROM THE GOOGLE PLAY STORE.
Instagram Comment Entry, Instagram Post Entry and QR Code Entry collectively referred to herein as “Entry” or “Entries”. Limit: One (1) Instagram Comment Entry per Post per person and one (1) Instagram Post Entry and one (1) QR Code Entry per Location per person. All methods of entry have an equal chance of winning. All entries become the property of the Sponsor and will not be acknowledged or returned.
SWEEPSTAKES ENTRY REQUIREMENTS & CONDITIONS: All Entries must comply with the following minimum guidelines to be eligible:
• The Entrant should be the primary subject of the Photo. No other individuals may appear in the Photo without express written permission. If Photo features a minor under the age of majority in his/her state of residence, you must obtain written permission from the minor’s legal guardian.
• Photos submitted via Instagram Post Entry must include the hashtag #TallyBucketListSweepstakes in the photo caption.
• Photos must conform to the format and size requirements and limitations of Instagram.
• Entry and Photo cannot contain content that is irrelevant to the purpose of the Sweepstakes.
• Once a Photo has been submitted, it cannot be modified or deleted by Entrant.
• Each submitted Photo must be original.
• No duplicate Photos or substantially similar Photos, as determined by the Sponsor’s in its sole discretion, may be submitted.
• By submitting a Photo taken by a third party, Entrant warrants and represents that he/she has secured all rights and clearances to the Photo from the photographer.
• Entry and Photo cannot be profane, pornographic, sexually explicit or suggestive or contain nudity.
• Entry and Photo cannot be violent or promote firearms/weapons.
• Entry and Photo cannot promote alcohol, illegal drugs or tobacco.
• Entry and Photo cannot defame, misrepresent or contain disparaging remarks about people, brands, products or companies.
• Entry and Photo cannot contain content that defaces or depicts any person, brand, product or company in a negative or inappropriate manner.
• Entry and Photo cannot be obscene or offensive, endorse any form of hate or hate group or be derogatory to any ethic, racial, gender, religious, professional or age group.
• Entry and Photo cannot reference or contain materials embodying copyrighted images, names, likenesses or other indicia identifying any brand, products, company or person, living or dead, without permission.
• Entry and Photo cannot communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor and Instagram wish to associate.
• Entry and Photo cannot depict illegal activity and cannot itself be in violation of any law.
• Entry and Photo cannot in any way reference persons or organizations other than the Locations without written permission from any person or organization whose name or likeness is used.
• Entry and Photo may not include images of a known celebrity, famous or well-known person or any image which violates the right of privacy or publicity of any person.
By submitting an Entry, the Entrant understands and grants to the Sponsor an irrevocable, perpetual, non-exclusive worldwide license to use his/her Entry, Photo, name, hometown and likeness on the Sponsor’s various websites and social media sites and in advertising and/or promotional activities worldwide without compensation, permission or notification. Sponsor reserves the right in its sole and absolute discretion to alter, change or modify any Entry, which includes the Photo.
By submitting an Entry, entrant warrants and represents that: (a) Entry does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other legal or moral rights of any person or entity; (b) entrant owns all rights to the Entry, including without limitation, copyrights, and has received prior written permission from a third party if any Photo was photographed by someone other than the entrant him/herself; and (c) entrant will indemnify and hold harmless the Sponsor, Administrator and related entities, agents and assigns from any claims and damages (including reasonable attorneys’ fees) arising from or relating to the breach or alleged breach of your representations and warranties herein, the Entry, or entrant’s conduct in creating the Entry, the acceptance or use of any prize or otherwise in connection with this Sweepstakes.
SWEEPSTAKES ENTRIES ARE THE VIEWS/OPINIONS OF THE INDIVIDUAL SWEEPSTAKES ENTRANT AND DO NOT REFLECT THE VIEWS OF SPONSOR IN ANY MANNER.
PRIZES/APPROXIMATE RETAIL VALUE (“ARV”)/ODDS:
Grand Prize: There is one (1) Grand Prize available to be won. The Grand Prize consists of a Tallahassee Staycation Package for two (2) people, winner and one (1) guest. Grand Prize package includes:
– One (1) voucher for two (2) nights hotel accommodations at the Hyatt House based on single room/double occupancy. Hotel accommodations must be booked by an individual that is at least 21 years of age who must be the winner or such individual must accompany winner on the hotel stay;
– One (1) voucher for paddling for winner and guest on the Wakulla River;
– One (1) Adventure Day for 2 people at the Tallahassee Museum (including ziplining);
– One (1) $50 Pineappetit gift card;
– One (1) Hearth and Soul gift card; and
– One (1) $50 restaurant gift card (location to be determined by Sponsor).
– The ARV of Grand Prize: $700.
Monthly Prizes: There are six (6) Monthly Prizes available to be won, two (2) for each Entry Period. Each Monthly Prize includes a Tallahassee Prize Pack (contents to be determined by Sponsor). The ARV of the First Prize: $50 each.
The total ARV of all prizes available to be won: $1,000.
There is a limit of one (1) Monthly Prize per person. Odds of winning will depend upon the total number of eligible entries received.
RANDOM DRAWINGS: Monthly Prizes: The potential Monthly Prize winners will be selected in a series of random drawings from among all eligible entries received within the corresponding Entry Period on or about the corresponding Random Drawing Date indicated in the Entry Period & Drawings Schedule in the “Sweepstakes Entry Period” section of these Official Rules by The Zimmerman Group, an independent representative of the Sponsor, whose decisions are final.
Grand Prize: The Grand Prize winner will be selected in a random drawing on or about Tuesday, September 7, 2021, from among all eligible entries received during the Sweepstakes Period by the Sweepstakes Administrator, an independent representative of the Sponsor, whose decisions are final.
WINNER NOTIFICATION & VERIFICATION: Monthly Prize winner: In the event a potential Monthly Prize winner entered via Instagram Comment Entry, Instagram Post Entry or Bonus Entry, such potential prize winner will be notified by Sponsor via direct message and/or public comment to his/her public Instagram account (the “Initial Notification”) on or about the Drawing Date for that Entry Period. To begin the prize claim process, a potential winner must respond as instructed to the Initial Notification with his/her full name, address and email address within 48 hours of the Initial Notification via private message to Sponsor. Any potential prize winner who does not reply to the Initial Notification with the required information and within the specified time period will be disqualified and an alternate winner will be notified. Monthly Prizes will be sent to the address provided in response to the Initial Notification within 4-6 weeks of winner being verified. In the event a potential prize winner entered via Online Entry, such potential prize winner will be notified by the via email by the Sponsor (the “Email Notification”) on or about the Drawing Date for that Entry Period. If an Email Notification is returned as undeliverable, or if the selected prize winner fails to claim the prize or if selected winner cannot accept or receive the prize for any reason, or he/she is not in compliance with these Official Rules, the prize will be forfeited and an alternate winner will be selected. Monthly Prizes will be sent to the address provided in the Online Entry within 4-6 weeks of winner being verified.
Grand Prize: In the event the potential Grand Prize winner entered via Instagram Comment Entry, Instagram Post Entry or Bonus Entry, such potential Grand Prize winner will be sent the Initial Notification on or about Tuesday, September 7, 2021. To begin the prize claim process, the potential Grand Prize winner must respond as instructed to the Initial Notification with his/her full name, address and email address within 48 hours of the Initial Notification via private message to Sponsor. Within three (3) days of confirmation of the information received from a potential winner in response to the Initial Notification, such potential winner will receive a second notification (the “Second Notification”) via email from the Sweepstakes Administrator and will be required to sign and return, within five (5) days of the Second Notification, an Affidavit of Eligibility, a Liability Waiver, an IRS W-9 Form and where allowable, a Publicity Release (collectively, the “Releases”). If the potential winner does not reply to the Initial Notification and the Second Notification with the required information and within the specified time period, he/she will be disqualified and an alternate potential winner may be selected in a separate random drawing.
In the event the potential Grand Prize winner entered via Online Entry, such potential prize winner will be sent the Email Notification on or about Tuesday, September 7, 2021 and be required to sign and return, within five (5) days of the Second Notification, the Releases.
If an Initial Notification, Second Notification or Email Notification is returned as undeliverable, or if the selected prize winner fails to claim the prize or if selected winner cannot accept or receive the prize for any reason, or he/she is not in compliance with these Official Rules, the prize will be forfeited and an alternate winner will be selected. If Sponsor is unable to determine and verify a potential winner after repeated alternate drawings or if Sponsor fails to receive a sufficient number of entries to correspond to the number of prizes available to be awarded, Sponsor reserves the right to not award such prize(s).
If a winner is otherwise eligible under these Official Rules, but is nevertheless deemed a minor in his or her state of primary residence, the prize will be awarded in the name of winner’s parent or legal guardian who will be required to execute and return the Releases on minor’s behalf, as applicable.
PRIZE CONDITIONS: Prizes are not redeemable for cash, assignable, transferable and may not be substituted except at Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize of equal or greater value at its discretion. Any other incidental expenses on prize not specified herein are the winner’s sole responsibility.
All travel related expenses, including but not limited to, ground transportation to and from home, taxes, gratuities, incidentals, upgrades, insurance, service charges, food & beverage and personal expenses are the sole responsibility of prize winner and/or his/her travel companion(s). Any person that participates in the trip that is not deemed to be a travel companion must pay his/her own expenses. Prize must be used on dates specified or prize will be forfeited. Dates are subject to change.
The Grand Prize winner and his/her travel companions are responsible for obtaining any travel insurance (and all other forms of insurance) that they may wish to obtain (at their own expense) and hereby acknowledge that the Sponsor has not and will not obtain or provide travel insurance or any other form of insurance.
Photo identification and credit card or cash deposit may be required at any time for incidental charges (e.g., room service, use of telephone/IT services, laundry and all other optional extra services not provided in the Grand Prize). If Grand Prize winner elects to travel or partake in the Grand Prize with fewer than the allowed number of travel companions, no additional compensation will be awarded. All hotel reservations are based on availability and all holidays are excluded. Accommodations are subject to availability at time of reservation. Blackout dates, advance booking requirements and travel restrictions may apply. Availability is subject to factors such as weather, seasonality and space availability. Reservations are subject to availability. If weather or other incident or conditions beyond the control of the Sponsor affects the ability for winner and his/her travel companion(s) to redeem any portion of prize during the scheduled date and time, then the Sponsor shall have no further obligation to the winner and/or travel companion(s) other than to supply the remaining elements of the prize package minus the unused portion of prize. Sponsor shall not be responsible for any cancellations, delays, diversions or substitution or any act or omissions whatsoever by the hotels, venue operators, transportation companies, prize providers or any other persons providing any prize-related services or accommodations. No refund or compensation will be made in the event of the cancellation or delay of any transportation or other prize element except at the sole and absolute discretion of Sponsor. Trip components issued in connection with the prize may not be eligible for frequent flyer miles, other rewards programs or upgrades. If for any reason whatsoever, winner and/or travel companions are unable to travel after all trip arrangements have been made and paid, the Sponsor shall have no further obligation to the winner. If Grand Prize is forfeited prior to Sponsor finalizing and paying for the trip, and there is sufficient time to notify an alternate winner, the prize will be awarded to an alternate winner in a separate random drawing from among all non-winning eligible entries.
In the event a winner or any travel companion engages in behavior that, as determined by the Sponsor in its sole discretion, is obnoxious or threatening, illegal, that is intended to annoy, abuse, threaten or harass any other person, or that in any way disparages or adversely affects the reputation, image, and/or customer goodwill of Sponsor or any of Sponsor’s services, products, trademarks, service marks, or logos, Sponsor reserves the right to terminate the trip early, in whole or in part, and send the winner and/or his/her travel companion(s) home with no further obligation or compensation whatsoever to winner and/or travel companion. In the event a winner engages in behavior during travel that (as determined by Sponsor in its sole discretion) is illegal, tortious, or subjects winner to arrest or detention, Sponsor shall have no obligation to pay any damages, fees, fines, judgments or other costs or expenses of any kind whatsoever incurred by winner as a result of such conduct. SPONSOR SHALL HAVE NO LIABILITY FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING FROM OR ARISING OUT OF ANY TRAVEL RELATED TO THE PRIZE OR ANY OTHER ASPECT OF GRAND PRIZE WINNER’S ACCEPTANCE OR USE OF THE PRIZE.
Vouchers/gift cards are not redeemable for cash and will not be replaced if lost or stolen. Tickets are subject to Sponsor’s complete terms and conditions. In the event that a race does not take place as scheduled, for reasons such as cancellation, preemption or postponement, or for any reason beyond the control of the Sponsor, Sponsor’s sole responsibility will be to award the remaining portion of the Grand Prize and no additional substitution or compensation will be provided.
Winner is responsible for all federal, state, local and income taxes associated with winning prize. Grand Prize winner will be required to furnish his/her Social Security Number for the sole purpose of preparation of tax forms as required by law. Except where prohibited by law, entry and acceptance of prize constitute permission to use winner’s name, prize won, hometown, likeness, video recordings, photographs, and statements for purposes of advertising, promotion and publicity (including online posting) in any and all media now or hereafter known throughout the world in perpetuity, without additional compensation, notification or permission.
Prizes are awarded “as is” with no warranty or guarantee, either express or implied by Sponsor. Winners acknowledge that the Sponsor and all other businesses affiliated with this Sweepstakes and their agents do not make, nor are in any manner responsible for any warranty, representations, expressed or implied, in fact or in law, relative to the quality, conditions, fitness or merchantability of any aspect of the prize being offered, except that each merchandise prize shall be subject to its manufacturer’s standard warranty (if any). Once the prize has been delivered to the winner’s provided address, the prize is considered awarded.
GENERAL: Although subsequent attempts to enter may be received, only the first complete entry received from a particular entrant will be eligible based on the limits stated herein for each method of entry; subsequent attempts by the same person to enter, including entries submitted with an alternate email address or account, will be disqualified.
Participating entrants agree to these Official Rules and the decisions of the Sponsor and the Sweepstakes Administrator, and release the Sponsor, the Sweepstakes Administrator, Facebook, Inc. and their affiliated companies, and all other businesses involved in this Sweepstakes, as well as the employees, officers, directors and agents of each (the “Released Parties”), from all claims and liability relating to their participation in the promotion, and the acceptance and use/misuse of the prize offered. Participating entrants assume all liability for and Released Parties shall be held harmless against any liability for any injury, losses or damages of any kind to persons, including personal injury or death, or injury to property caused or claimed to be caused in whole or in part, directly or indirectly, by participation in this Sweepstakes, acceptance, possession, or use/misuse of the prize, or any claims based on publicity rights, defamation or invasion of privacy, or merchandise delivery. Sponsor is not responsible for any typographical or other error in the printing of the offer, administration of the Sweepstakes or in the announcement of the prize.
In the event of a dispute over the identity of an entrant, entry will be deemed submitted by the “Authorized Account Holder” of the e-mail address submitted or Instagram Account used at time of entry. Authorized Account Holder means the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Sponsor may ask any entrant or potential winner to provide Sponsor with proof, to Sponsor’s satisfaction, that such party is the authorized account holder of the email address associated with the entry. Entry materials/data that have been tampered with or altered, or mass entries or entries generated by a script, macro or use of automated devices are void. The Released Parties are not responsible for: (i) lost, late, misdirected, damaged or illegible entries; or (ii) error, omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions of any kind, or inaccurate transmission of or failure to receive entry information by Sponsor on account of technical problems or traffic congestion on the Internet or at any web site or any combination thereof; or (iii) any injury or damage to entrant’s or any other person’s computer related to or resulting from participating in the Sweepstakes. By participating in the Sweepstakes, you (i) agree to be bound by these official rules, including all eligibility requirements, and (ii) agree to be bound by the decisions of Sponsor and the Sweepstakes Administrator, which are final and binding in all matters relating to the Sweepstakes. Failure to comply with these official rules may result in disqualification from the Sweepstakes.
Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures or any factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor. If, for any reason, the Sweepstakes cannot be run as planned, Sponsor may disqualify any suspect entries or individuals from the Sweepstakes and any sweepstakes it sponsors and (a) suspend the Sweepstakes and modify the Sweepstakes to address the impairment, then resume the Sweepstakes in a manner that best conforms to the spirit of these Official Rules; and/or (b) award the prize at random from among the eligible, non-suspect entries received up to the time of the impairment.
THE RELEASED PARTIES ARE NOT RESPONSIBLE IF THIS SWEEPSTAKES CANNOT BE ADMINISTERED OR CONDUCTED OR ANY PRIZE CANNOT BE AWARDED DUE TO CANCELLATIONS, DELAYS, OR INTERRUPTIONS RESULTING OR ARISING FROM ACTS OF GOD, WAR, OR TERRORISM, CIVIL UNREST, STRIKES, SUPPLY SHORTAGES, NATURAL DISASTERS, WEATHER, EPIDEMICS, COMPLIANCE WITH ANY LAW OR ORDER OF A GOVERNMENTAL AUTHORITY, OR ANY OTHER SIMILAR ACT, EVENT, OR OCCURRENCE BEYOND THE REASONABLE CONTROL OF THE SPONSOR. BY PARTICIPATING IN THIS SWEEPSTAKES, PARTICIPANT AGREES THAT THE RELEASED PARTIES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY INJURIES, DAMAGES, OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES TO PERSONS, INCLUDING DEATH, OR TO PROPERTY ARISING OUT OF ACCESS TO AND USE OF ANY WEBSITE ASSOCIATED WITH THIS SWEEPSTAKES OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SUCH SITE, AS APPLICABLE. FURTHER, SPONSOR SHALL NOT BE RESPONSIBLE FOR ANY CANCELLATIONS, DELAYS, DIVERSIONS, CHANGES IN SERVICE OR ACCOMMODATIONS OR SUBSTITUTIONS, OR FOR ANY ACTS OR OMISSIONS BY ANY THIRD PARTIES BEYOND ITS REASONABLE CONTROL, INCLUDING AIR CARRIER(S) AND OTHER TRANSPORTATION COMPANIES; LODGING, RESTAURANT OR OTHER HOSPITALITY PROVIDERS; ENTERTAINMENT PROVIDERS, VENUES OR ARTISTS; OR OTHER THIRD PARTY PROVIDERS SUPPLYING ANY SERVICES OR COMPONENTS OF THE PRIZE(S) TO WINNERS AND/OR THEIR GUESTS, OR FOR ANY RESULTING INJURIES, INCLUDING MONEY DAMAGES, COSTS AND EXPENSES, PROPERTY DAMAGES, PERSONAL INJURIES OR DEATH RESULTING THEREFROM.
LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DAMAGE, DESTROY, TAMPER OR VANDALIZE THIS WEB SITE OR INTERFERE WITH THE OPERATION OF THE SWEEPSTAKES, IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
GOVERNING LAW AND LIMITATION OF LIABILITY: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of entrants, Sponsor or the Released Parties in connection with the Sweepstakes will be governed by and construed in accordance with the internal laws of the State of Florida, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other laws.
BY ENTERING THE SWEEPSTAKES, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (C) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (D) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
DISPUTES: The parties hereto each agree to finally settle all disputes only through arbitration; provided, however, the Released Parties shall be entitled to seek injunctive or equitable relief in the state and federal courts in Leon County, FL and any other court with jurisdiction over the parties. In arbitration, there is no judge or jury and review is limited. The arbitrator’s decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to this Sweepstakes shall be resolved solely by binding arbitration before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. (“JAMS”) or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a “Demand for Arbitration”, then either party can elect to have the arbitration administered by the American Arbitration Association (“AAA”) or any other mutually agreeable arbitration administration service. If an in-person hearing is required, then it will take place in Tallahassee, FL. The federal or state law that applies to these Official Rules will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn’t apply and the dispute must be brought in a court of competent jurisdiction in Tallahassee, FL. Sponsor agrees to pay the administrative and arbitrator’s fees in order to conduct the arbitration (but specifically excluding any travel or other costs of entrant to attend the arbitration hearing). Either party may, notwithstanding this provision, bring qualifying claims in small claims court.
OFFICIAL RULES REQUEST: To request a copy of the Official Rules, see www.visittallahassee.com/backyardbucketlist or send a self-addressed, stamped envelope by September 7, 2021, to: The Backyard Bucket List Sweepstakes Official Rules Request, PO Box 654, Social Circle, GA 30025-0654.
WINNER CONFIRMATION REQUEST: For a written confirmation of the winner (available after 09/07/21), send a stamped, self-addressed envelope (no later than 10/05/21), to: The Backyard Bucket List Sweepstakes Winner Confirmation Request, PO Box 654, Social Circle, GA 30025-0654.
SPONSOR: Visit Tallahassee, 315 S. Calhoun Street, Suite 540, Tallahassee, FL 32301.
SWEEPSTAKES ADMINISTRATOR: US Sweepstakes & Fulfillment Company, 625 Panorama Trail, Suite 2100, Rochester, NY 14625. 1-800-620-6044
Void outside the United States, in Alaska, Hawaii, Puerto Rico, Guam, the U.S. Virgin Islands and wherever else prohibited by law.
All trademarks used herein are the property of their respective owners in the United States and abroad. All rights reserved.