Official Rules - Dakota Systems

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Dakota Systems Fast Break Sweepstakes

OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER, WIN OR CLAIM A PRIZE. A PURCHASE or payment WILL NOT INCREASE AN ENTRANT’s CHANCES OF WINNING.

OPEN ONLY TO ELIGIBLE LEGAL RESIDENTS OF THE 50 UNITED STATES, THE DISTRICT OF COLUMBIA, AND PUERTO RICO WHO ARE AT LEAST 18 YEARS OLD AT THE TIME OF ENTRY.

VOID WHERE PROHIBITED OR RESTRICTED BY LAW.

Dakota Systems Sweepstakes (“Sweepstakes”) is sponsored by MAG DADDY, LLC (“Sponsor”), 278 Jamie Lane, Wauconda, Illinois 60084 and is administered by the Parabolic, LLC (“Administrator”), 1492 W Lincoln St, Birmingham, MI 48009.

Sweepstakes TIMING: The Sweepstakes begins on 12:00:01 A.M. Eastern Time (“ET”) on September 1, 2020 and ends at 11:59:59 P.M. ET on January 11, 2021(“Sweepstakes Period”). The Administrator’s computer is the Sweepstakes’ official clock.

Eligibility: The Sweepstakes is offered only to legal residents of the fifty (50) United States, the District of Columbia, and Puerto Rico who are at least eighteen (18) years of age at the time of entry. Employees, officers, directors, representatives, and agents of Sponsor, Administrator and each of their respective parent companies, subsidiaries, affiliates, authorized dealers, advertising and promotion agencies (collectively, “Sweepstakes Entities”) and each of their immediate family members (e.g., spouse, parent, child, sibling, and their respective spouses and the “steps” of each, regardless of where they reside) and persons living in the same household of each, whether or not related, are not eligible to enter or win. This Sweepstakes is void in the United States territories and possessions, overseas military installations, and wherever else it is prohibited or restricted by law. All federal, state, and local laws apply. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor and Administrator’s decisions, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions and interpretations, which are final and binding in all matters related to the Sweepstakes.

HOW TO ENTER THE SWEEPSTAKES. During the Sweepstakes Period, an eligible entrant (“Entrant”) must send an e-mail to info@dakotasystemsusa.com. The Entrant will then receive a reply e-mail from the Sponsor asking for the following information: Entrant’s complete name (no initials), valid e-mail address, street address (P.O. Boxes not accepted), city, state, ZIP Code, and telephone number, date of birth and a job spec sheet for the installation of a Dakota Systems’ Trapeze System. The Entrant must reply to this e-mail in full prior to the end of the Sweepstakes Period to receive an entry.

Entry Limit: Regardless of the method of entry, there is a limit of one (1) entry per person per during the entire Sweepstakes Period. If more than the stated number of entries is received from the same person or e-mail address, only the first (1^st) entry received may be considered valid.

WINNER SELECTION AND RANDOM DRAWINGS: On or about January 12, 2021, the Administrator will randomly select the five (5) potential prize winners from all eligible entries received during the Sweepstakes Period (“Random Drawing”). Each winner is deemed to be a potential winner, pending verification of the entrant’s eligibility and compliance with these Official Rules as determined by Sponsor or Administrator, in their sole and absolute discretion.

PrizeS, approximate retail value (“ARV”), and odds of winning: Each winner will receive a Dakota Systems’ Trapeze System tailored to his/her job spec sheet and a $100 Visa^® Prepaid Card. The ARV of each prize is $899.00. The total ARV of all prizes available is $4,495.00. The odds of winning a prize depend on the number of eligible Sweepstakes entries received during each Sweepstakes Period. There is a limit of one (1) prize per household during the Sweepstakes Period.

Each winner must agree to install Dakota Systems’ Trapeze System and to provide a written or video testimonial regarding the Dakota Systems’ Trapeze System that can be used in future print and online advertising by Sponsor and Administrator.

All federal, state, and local taxes imposed on the acceptance of the prize are solely the responsibility of the winner.

Prizes are not transferable or substitutable except that Sponsor may, in its sole discretion, substitute a prize with one of equal or greater value. All costs and expenses not included above, e.g. federal, state, or local taxes, are solely the responsibility of each Winner. All prizes will be awarded provided there is a sufficient number of entrants. In no event will more prizes be awarded than are specified in these Official Rules. This Visa^® Prepaid Card can be used anywhere Visa debit cards are accepted within the United States only. Sponsor is not responsible for misplaced, lost, stolen or tampered with cards.

winner verification: Each potential winner will be notified via e-mail by Sponsor or its authorized designee at the e-mail address provided by the potential winner when entering the Sweepstakes. Each potential winner will be required to respond to the notification e-mail within seven (7) days from the date of the notification e-mail. If a potential winner is disqualified, found to be ineligible or not in compliance with these Official Rules, the prize may be forfeited, and in the Sponsor’s sole discretion, the forfeited prize may be awarded to an alternate winner, selected in a random drawing from among all remaining eligible entries, as determined by Sponsor in its sole discretion.

The potential winner must return a fully executed and notarized Affidavit and Testimonial Release to the Sponsor or its authorized designee within fourteen (14) days from the date that the e-mail to the potential winner is time-stamped or the prize may (in Sponsor’s sole discretion) be forfeited. Note that Sponsor may allow for additional time to reply or waive the notary requirement if required as the result of a force majeure event, such as the COVID-19 pandemic. If a potential winner is disqualified, found to be ineligible or not in compliance with these Official Rules, declines to accept a prize, or in the event that the potential winner fails to return an executed and notarized Affidavit and Testimonial within the fourteen (14) day deadline as modified, the prize may be forfeited. If the prize is forfeited, the prize may be awarded to an alternate winner, selected in a random drawing from among all remaining eligible entries, as determined by Sponsor in its sole discretion. If, after a good-faith attempt, Sponsor is unable to award or deliver a prize, the prize may not be re-awarded.

Sponsor will attempt to notify the potential winner as set forth above, but Sponsor is not responsible for any undelivered e-mails, including without limitation e-mails that are not received because of a winner’s privacy or spam filter settings which may divert any Sweepstakes e-mail, including any winner notification e-mail, to a spam or junk folder. The right to receive a prize is non-assignable, non-transferable and no prize substitution or exchange will be allowed, except by Sponsor, who reserves the right to substitute a prize of equal or greater value in case of unavailability of a prize or force majeure, at Sponsor’s sole and absolute discretion. All other costs and expenses not expressly set forth herein shall be solely the winner’s responsibility. Sponsor will attempt to mail the prize to the winner’s address provided by the winner when entering this Sweepstakes within approximately 6 – 8 weeks from verification of winner’s eligibility. Sweepstakes Entities shall not be held responsible for any delays in awarding the prize for any reason. Each prize will only be awarded to a verified winner.

limitation of liability: By participating in this Sweepstakes, Entrants agree that the Sweepstakes Entities and each of their respective affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, website providers and each their respective officers, directors, stockholders, employees, representatives, designees and agents (“Released Parties”) are not responsible for: (i) lost, late, incomplete, stolen, misdirected, postage due or undeliverable e-mail notifications or postal mail; (ii) any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections, or availability; (iii) garbled, corrupt or jumbled transmissions, service provider/network accessibility, availability or traffic congestion; (iv) any technical, mechanical, printing or typographical or other error; (v) the incorrect or inaccurate capture of registration information or the failure to capture, or loss of, any such information; (vi) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, technical error, theft or destruction or unauthorized access to the Sweepstakes; (vii) any injury or damage, whether personal or property, to entrants or to any person’s computer related to or resulting from participating in the Sweepstakes and/or accepting a prize; and (viii) entries that are late, forged, lost, misplaced, misdirected, tampered with, incomplete, deleted, damaged, garbled or otherwise not in compliance with the Official Rules. Further, the Sweepstakes Entities are not responsible for any unanswered or undeliverable winner notifications.

By entering the Sweepstakes, each entrant agrees: (i) to be bound by these Official Rules, including entry requirements; (ii) to waive any rights to claim ambiguity with respect to these Official Rules; (iii) to waive all of his/her rights to bring any claim, action or proceeding against any of the Released Parties in connection with the Sweepstakes; and (iii) to forever and irrevocably agree to release and hold harmless each of the Released Parties from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability, costs and expenses (including, without limitation, reasonable attorneys’ fees) that may arise in connection with: (a) the Sweepstakes, including, but not limited to, any Sweepstakes-related activity or element thereof, and the entrant’s entries, participation or inability to participate in the Sweepstakes; (b) the violation of any third-party privacy, personal, publicity or proprietary rights; (c) acceptance, attendance at, receipt, travel related to, participation in, delivery of, possession, defects in, use, non-use, misuse, inability to use, loss, damage, destruction, negligence or willful misconduct in connection with the use of a prize (or any component thereof); (d) any change in the prizing (or any components thereof); (e) human error; (f) any wrongful, negligent, or unauthorized act or omission on the part of any of the Released Parties; (g) lost, late, stolen, misdirected, damaged or destroyed prizing (or any element thereof); or (h) the negligence or willful misconduct by entrant.

If, for any reason, the Sweepstakes is not capable of running as planned, Sponsor reserves the right, at its sole and absolute discretion, to cancel, terminate, modify or suspend the Sweepstakes and/or proceed with the Sweepstakes, including the selection of a winner in a manner it deems fair and reasonable, including the selection of a winner from among eligible entries received prior to such cancellation, termination, modification or suspension. In no event will more prizes be awarded than are stated in these Official Rules. In the event that, due to technical, typographical, mechanical or other errors, there are more winners than are stated in these Official Rules, a random drawing among the claimants will be held to determine the winners. If for any reason, including but not limited to an administrative, printing, production, computer or other error or due to technical difficulties or incorrect announcements of any kind, more winning messages are distributed, or more prizes are claimed than are intended to be awarded according to these Official Rules, the intended prizes will be awarded in a random drawing from among all verified prize claims received.

Without limiting the foregoing, everything regarding this Sweepstakes, including the prizes, is provided “as is” without warranty of any kind, either express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose or non-infringement.

DISPUTES: THE SWEEPSTAKES IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF MICHIGAN, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN THE COUNTY OF OAKLAND, MICHIGAN. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION IN ACCORDANCE WITH ITS ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (“AAA RULES”). THE AAA RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN MICHIGAN. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN OAKLAND COUNTY, MICHIGAN. ENTRANTS AGREE THAT THE RIGHTS AND OBLIGATIONS OF ANY ENTRANT AND/OR SWEEPSTAKES ENTITIES AND/OR ANY OTHER PARTY SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. ENTRANTS AGREE THAT THE STATUTE OF LIMITATIONS FOR ASSERTING ANY CLAIMS SHALL BE A PERIOD OF ONE (1) YEAR FROM THE END DATE OF THE SWEEPSTAKES PERIOD. Further, Entrants hereby waive all rights, to: (i) claim punitive, exemplary, special, incidental, indirect and consequential damages and any other damages (whether due to negligence or otherwise), other than for actual out-of pocket costs; and (ii) have damages multiplied or otherwise increased.

privacy policy: Any personally identifiable information collected during an Entrant’s participation in the Sweepstakes will be collected by Sponsor or its agent and used by Sponsor, its affiliates, agents and marketers for purposes of the proper administration and fulfillment of the Sweepstakes as described in these Official Rules.

publicity rights: By participating in the Sweepstakes and/or accepting the prize, each Entrant agrees to allow the Sponsor and/or the Sponsor’s designee the perpetual right to use his/her name, address (city and state), biographical information, photos, picture, portrait, likeness, voice, and/or statements regarding the Sweepstakes and/or Sponsor for promotion, trade, commercial, advertising and publicity purposes, at any time or times, in all media now known or hereafter discovered, including, but not limited to, live television, worldwide, on the World Wide Web and Internet, without notice, review or approval and without additional compensation, except where prohibited by law.

general: Any attempted form of participation in this Sweepstakes other than as described herein is void. Sponsor and Administrator reserve the right to disqualify any entrant found or suspected, in their sole and absolute discretion, to be tampering with the operation of the Sweepstakes; to be acting in violation of these Official Rules; or to be acting in an unsportsmanlike manner or with the intent to disrupt the normal operation of this Sweepstakes. Any attempted form of participation in this Sweepstakes other than as in these Official Rules is void. If it is discovered that a person has registered or attempted to register more than once using multiple phone numbers, e-mail addresses, residential addresses, multiple identities, IP addresses, use of proxy servers, or like methods, all of that person’s entries will be declared null and void and that person will not be awarded any prize that he/she might have been entitled to receive. Any use of robotic, automatic, macro, programmed, third party or like methods to participate in the Sweepstakes will void any attempted participation effected by such methods and the disqualification of the individual utilizing the same. Entrants and/or potential winners may be required to provide proof of identification and eligibility as required by Sponsor or Administrator In the event of a dispute as to the identity of a winner, the winning entry will be declared made by the authorized account holder of the e-mail address submitted on the registration form associated with such entry. “Authorized account holder” is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider or other organization (e.g., business, educational institution) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Each entrant may be required to show proof of being an authorized account holder. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. If any provision of these Official Rules or any word, phrase, clause, sentence, or other portion thereof should be held unenforceable or invalid for any reason, then that provision or portion thereof shall be modified or deleted in such manner as to render the remaining provisions of these Official Rules valid and enforceable. The invalidity or unenforceability of any provision of these Official Rules or the prize documents will not affect the validity or enforceability of any other provision. No entrant shall have the right to modify or amend these Official Rules. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision and such provision shall remain in full force and effect. All entries and/or materials submitted become the property of Sponsor and will not be returned. In the event of any conflict with any Sweepstakes details contained in these Official Rules and Sweepstakes details contained in any promotional materials (including but not limited to point of sale, television and print advertising, promotional packaging and other promotional media), the details of the Sweepstakes as set forth in these Official Rules shall prevail.

winner list: For a list of winners, interested individuals should mail a self-addressed stamped business envelope to: Winners List, – Dakota Systems Sweepstakes, 1492 W Lincoln St, Birmingham, MI 48009. Winners List requests must be received no later than February 28, 2021.