OFFICIAL 1st OHIO BATTERY GIVEAWAY CONTEST RULES
Any individual which enters, attempts to enter, or in any way participates in (the “Entrant”) any 1st OHIO BATTERY giveaway contest (the “Contest”), conducted by 1st OHIO BATTERY fully accepts and unconditionally agrees to accept and be bound by the terms and conditions set forth in these Official Contest Rules, and the decisions of 1st OHIO BATTERY which shall be final and binding in all matters relating to the Contest.
- PRIZES 1st OHIO BATTERY will state the prize for any contest ("Prize") on 1stOhioBattery.com (the "Site"), Instagram, Facebook or Twitter. The winning Entrants will not be able to receive money or other goods or services in lieu of 1st OHIO BATTERY online or in-store credit or apparel. Whether an Entrant receives the prize is contingent upon fulfilling all requirements set forth herein. Odds of winning the prize depend on the number of eligible entries received during the Contest Period, and thus cannot be determined at this time. Prize entrants will be restricted to one Entrant per household.
- CONTEST PERIOD & TIMING The Contest's timing will be stated in the post on Facebook, Instagram or Twitter (the “Contest Period”). 1st OHIO BATTERY’s computer shall be the official time-keeping device for the Contest. Entries submitted after the Contest Period will be void. 1st OHIO BATTERY reserves the right to postpone or extend the contest dates as deemed necessary, within its sole discretion.
- HOW to ENTER Comment your entry in 1st OHIO BATTERY’s post on the Site announcing the contest or, alternately, if applicable, Tweet your entry or post to Instagram or Facebook using the required hashtag. No purchase is necessary to enter or win the contest and no Entrant shall be required to pay an entry fee. This Contest is subject to all applicable federal, state, provincial, municipal, territorial, and local laws. The Contest shall be void where prohibited. All entries, once submitted, become the property of 1st OHIO BATTERY and shall not be returned.
- DISCLAIMER 1st OHIO BATTERY shall not be responsible for an Entrant’s inability to complete the required entry whether due to incomplete information or database malfunction, equipment malfunction, timing, transportation, telephone difficulties, natural disasters, or any other reason.
- ELIGIBILITY The Contest is open to all residents of the United States who are eighteen (18) years of age or older, except the employees (and their Immediate Families and Household Members) of ELEVEN WARRIORS, LLC, LEMIEUX GROUP L.P. or any of the affiliates and agencies involved in the production or distribution of materials for this Contest. "Immediate family Members" shall mean parents, step-parents, children, step-children, siblings, step-siblings, or spouses. "Household Members" shall mean people who share the same residence at least three months a year. 1st OHIO BATTERY reserves the right to disqualify any winning Entrant if the Official Contest Rules have been violated. No pornographic or explicit entries will be accepted and are strictly prohibited. The photos and videos submitted to 1st OHIO BATTERY by Entrant are free of any Copyright, intellectual property, trademark or patent violations and are the sole property of the Entrant. The Entrant indemnifies 1st OHIO BATTERY for any breach of Copyright, intellectual property, trademark or patent caused or as a result of 1st OHIO BATTERY using the name that was entered into the Contest. By submitting a photo or video, the Entrant grants the rights to 1st OHIO BATTERY to publish, post, share, distribute, sell or otherwise use the photo or video in commerce in electronic form and to publish the first name and city of the Entrant. The Contest is void where prohibited or restricted by applicable law.
- WINNER RELEASE By entering the Contest, the winning Entrant expressly permits reasonable use of Entrant's name, Facebook, Instagram or Twitter account, biographical information, e-mail address, voices and details of winning for purposes of this and future promotions, advertising, and marketing of 1st OHIO BATTERY without further compensation other than the prize. By acceptance or receipt of the prize, or any part thereof, the winning Entrant agrees to release, indemnify and hold harmless 1st OHIO BATTERY and its respective subsidiaries, affiliates, advertising/promotion agencies, and agents, and each of their respective parent companies and each such company’s officers, directors, employees and agents from and against any claim or cause of action, demands and liability including, but not limited to, personal injury, death, or damage to or loss of property, arising in whole, or in part, directly or indirectly from participation in the Contest, or participation in any prize related activity, or directly or indirectly from acceptance, possession, receipt or use or misuse of any prize or any part of the prize. In accordance with IRS regulations, any winning Entrant receiving the prizes, valued at $600 or more in a given calendar year will be furnished a copy of IRS Form 1099. The winning Entrant agrees to waive any claim of royalty or right of remuneration for any such promotional use. Approximate total retail value of the grand prize is $500.
- By entering the Contest, Entrants agree that (1) any and all disputes, claims, and causes of action arising out of or connected with the Contest, or any prizes awarded, shall be resolved individually, without resort to any form of class action; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Contest, but in no event attorneys' fees; and (3) 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.
- PRIZE RESTRICTIONS Details and specifics of the prize shall be at 1st OHIO BATTERY’S sole discretion. The winning Entrant assumes sole responsibility for all costs associated with the prize not explicitly outlined above, including without limitation, all federal, state and local taxes (if any), fees, and surcharges on the prize. The prize is non-transferable, may not be auctioned or sold, assigned, or substituted. No cash redemption or substitution will be allowed by the Entrant. Notwithstanding the foregoing, 1st OHIO BATTERY may substitute a portion of the prize, with a prize or portion of equal or greater value if it deems necessary in its sole and absolute discretion. The prize being offered is provided “as is” with no warranty or guarantee either express or implied by 1st OHIO BATTERY. Further 1st OHIO BATTERY neither makes nor is responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to the prize. All federal, state, provincial and local laws and regulations apply. The winning Entrant will be obligated to sign and return an Affidavit of Eligibility and provide their social security/tax identification number before receiving the prize. Failure to comply with any requirement of these terms and conditions will result in the winning Entrant being deemed ineligible for the prize.
- The winning Entrant will be notified via email. If these rules differ from any promotional or other materials published in connection with the Contest, these rules shall control.
- The winning Entrant shall present valid form of personal identification proving their age and address. 1st OHIO BATTERY will ship the prize to the corresponding address of the winning Entrant's personal verification, free of charge. No substitute will be allowed to pick up prizes, no exceptions. All identification submitted to verify a winning Entrant is subject to acceptance by 1st OHIO BATTERY in its sole discretion. Identification, which is counterfeit, illegible, tampered with or otherwise altered, will not be accepted. Any prize not claimed within the allotted time period would remain the sole property 1st OHIO BATTERY.
- All decisions of 1st OHIO BATTERY concerning this Contest or eligibility are final.
- In the event the winning Entrant is subject to, or the subject of, any order or legal process issued by any governmental agency having jurisdiction over the affairs of the winning Entrant, (e.g. garnishment, child support order, judgment, lien, and the like), 1st OHIO BATTERY’s delivery of the prize to the official representative of the governmental entity claiming a right to the prize shall be entitled to rely in good faith upon any documents presented by the representatives seeking to collect the prize in lieu of the winning Entrant. Presentation of the prize to such authorized representative or entity shall be deemed as the same as having given the prize directly to the winning Entrant. 1st OHIO BATTERY shall not be liable for any claim by any winning Entrant for damage(s) incidental thereto.
- These terms and conditions shall be governed by, construed and enforced in accordance with the laws of the State of Ohio.
- Participation constitutes Entrant’s full and unconditional agreement and acceptance of these Official Contest Rules, which shall be final in all respects. Rules are subject to change without notice.
- MISCELLANEOUS 1st OHIO BATTERY reserves the right to prohibit any Entrant from participating in the Contest if, at its sole and absolute discretion, if 1st OHIO BATTERY finds such Entrant to be tampering with the entry process or operation of the Contest, or if such Entrant repeatedly shows disregard for, or attempts to circumvent, these Official Contest Rules, or acts: (i) in a manner 1st OHIO BATTERY determines to not to be fair or equitable; (ii) with an intent to any, threaten or harass any other Entrant; (iii) in any other disruptive manner. Any person attempting to defraud or tamper with this Contest in any way will be ineligible for the prizes and may be prosecuted. Any failure by 1st OHIO BATTERY to enforce any of these Official Contest Rules shall not constitute a waiver of such Official Contest Rules. 1st OHIO BATTERY further reserves the right to change the terms of this Contest, suspend, or cancel it, at any time, for any reason, without liability on the part 1st OHIO BATTERY, and without prior notice. Caution: Any attempt by an Entrant to deliberately damage any website or undermine the legitimate operation of the Contest is a violation of criminal and civil laws and should such an attempt be made, 1st OHIO BATTERY reserves the right to seek damages from any such Entrant to the fullest extent of the law.