"THE SWAMP NISSAN GIVEAWAY" OFFICIAL RULES
- No purchase is necessary to enter or win. A purchase will not increase your chances of winning.
- You must be at least eighteen (18) years old and a legal resident of Florida at the time of entry. Other restrictions apply.
- Sweepstakes is subject to all federal, state and local laws. Void where prohibited by law. By entering, entrants agree to these Official Rules.
- One (1) Grand Prize Winner.
- Limit one (1) entry per person.
- Sweepstakes begins on August 11, 2008 at 12:01 a.m. EDST, and ends January 8, 2009. Entry deadline is January 8, 2009 at 11:59 p.m. EST.
- The geographic scope of this promotion is the state of Florida. The Sponsors of this Sweepstakes are: RAD Adventures, Inc., d/b/a The Swamp Restaurant ("The Swamp"), 1642 W. University Avenue, Gainesville, FL 32603, Gainesville Nissan, 3915 N. Main Street, Gainesville, FL 32609, and Gator Domino's, 75 NW 16th Avenue, Gainesville, FL 32601.
- The odds of winning depend on the number of entries received.
PRIZES
- Grand Prize One (1): A 2009 Nissan Versa 1.85 Hatchback 6-Speed with blue onyx exterior and charcoal interior. Approximate Retail Value: $13,805.00.
- Grand Prize is not redeemable for cash and may not be transferred or substituted, except that Sponsors reserve the right to substitute a prize (or portion of a prize) of comparable or greater value if they deem necessary. Any such changes will be announced. Grand Prize cannot be sold, bartered or traded on auction websites. Grand Prize Winner must pay for tag, tax, title, registration, and any insurance as required by Florida law. Vehicle make, model, trim, level, and year may vary at Sponsors' discretion. Grand Prize Winner must have valid driver's license and proof of insurance in order to claim vehicle prize and is solely responsible for pick-up or delivery of vehicle prize from participating dealership. Grand Prize carry no warranty other than that offered by manufacturers.
ELIGIBILITY
- No Purchase Necessary. A purchase will not increase your chances of winning.
- All entrants must be eighteen (18) years old and legal residents of Florida at the time of entry.
- Employees of The Swamp Restaurant, Gator Nissan, Gator Domino's, and of the affiliates, subsidiaries, distributors, suppliers, franchisees, advertisers, promoters, and agents of any of these, and the immediate families (defined as spouse, parents, siblings or children) of the employees of any of these, are not eligible.
TO ENTER
- Entries will be accepted beginning August 11, 2008 at 12:01 a.m. EDST and ending January 8, 2009 at 11:59 p.m. EST ("Entry Period"). To enter, log onto www.swamprestaurant.com and complete an Official Entry Form with the following required information: (a) name, (b) address, (c) telephone number, (d) e-mail address, and (e) date of birth. Entrants will see a web page confirming the entry after submission. Entries must include a valid e-mail address for the entrant. Entrants who fail to provide the required information will not be eligible to win and will not be notified by Sponsors. All Entry Forms become the property of The Swamp and will not be returned or acknowledged. Use of automated devices for entry is prohibited and will result in disqualification of all entries submitted by that entrant using his/her email address. Online entries only will be accepted. No other entry method will be permitted.
GRAND PRIZE DRAWING
- On January 14, 2009, or within a reasonable time thereafter, The Swamp, or its official designee, will randomly choose one name from all timely entries received. Subject to verification of eligibility, the person whose name is so drawn will be declared the Grand Prize Winner.
WINNER NOTIFICATION
- The Swamp will contact potential Grand Prize Winner by U.S. Mail in accordance with the information supplied to The Swamp on his/her Entry Form. Winner will be required to provide The Swamp with valid identification and execute an affidavit of eligibility and, where legal, a publicity release. Acceptable identification includes a valid driver's license or other valid picture ID showing name and address. Faxes will not be accepted. The Grand Prize Winner will also be required to sign other legal documents, including tax forms and a release supplied by The Swamp which, among other disclaimers, releases Sponsors, and a range of subsidiaries, directors, agents, agencies, affiliates, franchisees, promoters, officers, directors, employees and related persons from any and all liability related to this Sweepstakes and the receipt and use of the Prize. Upon verification of eligibility, the name of the Grand Prize Winner may be posted on The Swamp's website, www.swamprestaurant.com.
DISQUALIFICATION
- In the event that any one of the following circumstances occurs, The Swamp in its sole discretion may disqualify that winner and select an alternate winner. Alternate winner is subject to all eligibility requirements and restrictions of these Official Rules:
- If The Swamp is unable to communicate directly with the Grand Prize Winner within 72 hours from initial attempted notification;
- If the potential Grand Prize Winner fails to return and/or sign any of the required documents in accordance with the deadlines stated by The Swamp in its notification letter;
- If Grand Prize Winner does not accept the Prize; or
- Grand Prize Winner fails to meet any eligibility requirements or is otherwise deemed ineligible by The Swamp.
MISCELLANEOUS
- All federal, state and local laws apply. The Swamp shall be entitled to interpret these rules as needed — including but not limited to rules regarding entries, selection of winners, deadlines, restrictions on prizes, and eligibility — and all of its decisions are final. By entering, entrants agree to these Official Rules. The Swamp reserves the right to cancel, terminate or suspend this Sweepstakes, or any part of this Sweepstakes, should any non-authorized intervention, network failure, information storage failure, telecommunications failure, malfunction, or other causes beyond its control, corrupt or impair the security, administration, fairness and/or operation of this Sweepstakes as determined by The Swamp in its sole discretion, at which time, The Swamp will conduct a random drawing from among all non-suspect entries received as of the time of the Sweepstakes termination. Sponsors are not responsible for lost, interrupted, or unavailable network, server, or other connections, or for any failed telephone or computer hardware or software, or for any failed, delayed, misdirected, corrupted, or garbled transmissions or errors of any kind, whether human, mechanical, or electronic, or for entries that for any reason are not received by The Swamp by the deadlines stated above. Sponsors are also not responsible for any injury or damage to any computer, modem or other electrical device as a result of participation in this sweepstakes or downloading of any software or materials. Sponsors reserve the right to correct typographical or clerical errors in any sweepstakes-related materials. 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, The Swamp reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims.
- The Swamp reserves the right to prohibit any entrant from participating in the Sweepstakes if, at its sole discretion, The Swamp finds such entrant to be tampering with the entry process or the operation of the Sweepstakes, or if such entrant repeatedly shows a disregard for, or attempts to circumvent, these Rules, or acts: (a) in a manner The Swamp determines to be not fair or equitable; (b) with an intent to annoy, threaten or harass any other entrant or Sponsors; or (c) in any other disruptive manner. Any person attempting to defraud or tamper with this Sweepstakes in any way will be ineligible for prizes and may be prosecuted to the full extent of the law. Any failure by The Swamp to enforce any of these Rules shall not constitute a waiver of such Rules. Sponsors have neither made nor are responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to The Grand Prize, including but not limited to its quality, mechanical condition or fitness for a particular purpose.
- By entering this Sweepstakes, all entrants agree that the Sponsors and a range of subsidiaries, directors, agents, agencies, affiliates, franchisees, promoters, officers, directors, employees and related persons, are released from any and all liability related to this Sweepstakes and the receipt and use of the Grand Prize.
- Neither Sponsors, nor their affiliates, subsidiaries or agencies will be responsible for the inability to select a Grand Prize Winner because of postal failure, equipment failure, or data storage failure. In the event of a dispute as to the identity or eligibility of a winner based on an e-mail address, the winning entry will be declared made by the "Authorized Account Holder" of the e-mail address submitted at time of entry. "Authorized Account Holder" is defined as the natural person 18 years of age or older who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization (e.g., business, education institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.
- For identity of the Grand Prize Winner (available after February 14, 2009), visit www.swamprestaurant.com or send a self-addressed stamped envelope by mail to: "The Swamp Nissan Giveaway" Winner's List c/o The Swamp Restaurant, 1642 W. University Avenue, Gainesville, FL 32603.
- For a copy of the Official Rules, stop by The Swamp Restaurant during normal business hours, visit www.swamprestaurant.com, or send a self-addressed stamped envelope to: "The Swamp Nissan Giveaway" Official Rules c/o The Swamp Restaurant, 1642 W. University Avenue, Gainesville, FL 32603.
- By accepting a prize, Grand Prize Winner agrees to award Sponsors the right to publicize their names, photographs (including the use and appearance of winner's photograph on Sponsors's web page), likenesses, biographical information, e-mail address, voices and details of winning for purposes of this and future promotions without further compensation, except where prohibited.
- Any person attempting to defraud or tamper with this Sweepstakes in any way will be ineligible for prizes and may be prosecuted to the full extent of the law.
DISPUTES
- By entering the Sweepstakes, entrants agree that (a) any and all disputes, claims, and causes of action arising out of or connected with the Sweepstakes, or any prizes awarded, shall be resolved individually, without resort to any form of class action; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes, but in no event attorneys' fees; and (c) under no circumstances will any entrant be permitted to obtain any award for, and entrant hereby waives all rights to claim, punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than for actual out-of-pocket expenses. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrants and Sponsors in connection with the Sweepstakes, shall be governed by, and construed in accordance with the 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 the laws of any jurisdiction other than the State of Florida. Any legal proceedings arising out of this Sweepstakes or relating to these rules shall be instituted only in the federal or state courts located in the State of Florida, County of Alachua and the parties consent to jurisdiction therein with respect to any legal proceedings or disputes of whatever nature arising under or relating to these rules. The invalidity or unenforceability of any provision of these 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 rules shall otherwise remain in effect and be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
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