Bernick's Hard Mtn Dew Ice Shelter Program Sweepstakes
Official Rules
EMAIL ACCOUNT REQUIRED. NO PURCHASE NECESSARY TO ENTER. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. Open to legal residents of Minnesota or Wisconsin who reside in the Bernick’s distribution area zip codes (within the Bernick’s distribution territory of Hard Mtn Dew), 21 years of age or older at time of participation residing in one of the valid zip code areas. The valid zip codes included in this sweepstakes can be found at bernicks.com/harddew. Start Date is Nov 1, 2023, and End Date is Dec 9, 2023. Void where prohibited. Limit one entry per person/email address. All entries received from the same person and/or email address over the quantity of 1 will be eliminated from the drawing. Only the first entry received will count as a valid entry.
TO ENTER: Go to bernicks.com/harddew. Enter your name, email, zip code, phone, and date of birth. Entry must be received after 12:01 AM Central Time on Nov 1, 2023, and no later than 11:59 P.M. Central Time on Dec 9, 2023. The information will not be shared with anyone other than the Sponsor and Administrator of this sweepstakes. Terms/Conditions and Privacy Policy are available at www.bernicks.com/privacy-policy/. Any entries to be deemed received from a robotic, automatic, programmed or similar entry methods or agents (including, but not limited to, sweepstakes entry services) are prohibited and will void all entries by that entrant.
PRIZES: Fifteen (15) Special Edition HARD Mtn DEW®/Otter® Vortex Pro Lodge Hub Ice Shelters (ARV $549.99 Each). Verified winners will receive their award prepaid, via common carrier or courier within 21 days of validation. No cash or residual value. All prizes are provided "As Is" without any additional warranty other than the manufacturers. The prize should only be used in the manner and with all safety suggestions noted by the manufacturer. Total ARV for this sweepstakes is $8249.85.
DRAWINGS: Prize winners will be selected in random drawings by the Administrator from among all eligible entries received. Entries eligible for one drawing will remain eligible for all subsequent drawings. Unclaimed prizes will not be awarded. The odds of winning a prize depend on the number of eligible entries received during the Promotion Period.
Special Edition HARD Mtn DEW®/Otter® Vortex Pro Lodge Hub Ice Shelters will be drawn on each draw date. Draw dates will be on or around November 17 (for 6 Ice Shelters), November 24 (for 3 Ice Shelters), December 1 (for 3 Ice Shelters), and December 11, 2023 (for 3 Ice Shelters).
Potential winners will be notified by phone and/or email. Potential winner will have 72 hours to return the phone call with their interest in accepting the prize or an alternate winner will be drawn. All applicable taxes are the responsibility of the winner. Prizes are not transferable. No prize substitutions. Odds of winning based on the number of valid entries received. Limit one prize per family or household. Drawings will be conducted by USA Branding Group, the administrator of this sweepstakes, whose decisions are final and binding on all matters relating to this sweepstakes drawing. If there is a dispute regarding who entered, the entry will be deemed to be made by the natural person who is assigned to the account by the applicable provider or organization that assigns the phone, email, or other account number.
LIMITATION ON PRIZES: There is a limit of one prize, (valued at $600.00 or more) per person/household per 12 consecutive months from any promotion sponsored by Bernick’s.
LIMITS/RELEASE OF LIABILITY: In no event will Sponsor be obligated to award more prizes than the number of prizes stated in these Official Rules. Sponsor may at its sole discretion cancel, suspend, or modify the promotion in whole or part. The promotion parties and each of their agencies and partners are not responsible for lost or misdirected mail. All entrants agree to hold harmless and release Bernick’s, HARD Mtn DEW, Otter Outdoors and
USA Branding Group; their parent companies, affiliates, subsidiaries, officers, directors, agents, and employees; and all others associated with the development and execution of this sweepstakes from any and all alleged and/or actual actions, demands, losses, settlements (whether or not litigation is commenced), claims, damages, and liability whatsoever, existing now or in the future, with respect to or in any way arising from this sweepstakes or participation in any sweepstakes-related activity and/or delivery/mis-delivery, acceptance, possession, use, or misuse of a prize including, but not limited to, liability for personal injury, bodily injury (including wrongful death or disability), damage to property, and damage or loss of any other kind. Without limitation, the Sponsor, its advertising and promotion agencies, and the sweepstakes administrators for any technical malfunction or other problems relating to the telephone network or lines, computer online systems, servers, access providers, computer equipment, or software; for the failure of any entry to be received by the Sponsor, its advertising and promotion agencies, or the sweepstakes judges for any reason including, but not limited to, technical problems or traffic congestion on the Internet or at any Web site or any combination of the above. Further, the Sponsor, its advertising or promotion agencies, and the sweepstakes administrators will not be liable for any injury or damage to an entrant’s or any other person’s digital devises related to or resulting from participating or downloading any material in the sweepstakes. Only the stated number of prizes set forth in these Complete Official Rules will be awarded. If, for any reason, the sweepstakes is not capable of running as planned due to, but without limitation, tampering, unauthorized intervention, fraud, human or other error, technical failures, or any other causes beyond the control of Sponsor that, in the sole opinion of Sponsor, could corrupt or affect the administration, security, fairness, integrity, or proper conduct of this sweepstakes, Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify, or suspend the sweepstakes and to draw winners from all eligible entries received as of the date of termination. Any attempt to deliberately damage any portion of this offer or to undermine the legitimate operation of this sweepstakes is a violation of criminal and civil laws, and should such an attempt be made, the Sponsor reserves the right to seek remedies and damages to the fullest extent permitted by law, including criminal prosecution.
CONDITIONS OF ENTRY: Employees of Bernick’s, HARD Mtn Dew®, USA Branding Group, administrators; and any of the following entities employees that have decision making positions regarding the sponsor and the work done with and for them, (agencies, subsidiaries, advertising and promotion agencies, media, employees, their immediate family members and/or those living in the same household of each) are not eligible. Immediate family members are defined as husband, wife, children, mother, mother in-law, father, father in-law, sister, sister in-law, brother, or brother in-law. All federal, state, and local taxes are the sole responsibility of the winner. All federal, state, and local laws apply. Entry into this promotion constitutes permission to the Sponsor and their agencies to use the winners' name, address, email address and/or likeness for purposes of advertising and trade without further compensation, unless prohibited by law. The sponsor reserves the right to substitute a prize of equal or greater value. By participating in this promotion, entrants agree to be bound by the Official Rules and the decisions of the administrator. Winners agree to release and hold harmless Bernick’s its agencies and employees from injury, death, loss, or other liability that may arise from the acceptance or use of any prize or their participation in this promotion.
WINNERS LIST: The name of the prize winner can be found by sending a self-addressed stamped envelope to Bernick’s HARD Mtn DEW Otter Sweepstakes Winners List, PO Box 7008, Dept Marketing, St. Cloud, MN 56302. Requests must be postmarked by January 6, 2024. The winners list will be completed after the prize winner is confirmed.
DISPUTE RESOLUTION: Entrant agrees that: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant(s) and Sponsor and their agencies, shall be governed by and construed exclusively in accordance with the laws of the State of Minnesota without giving effect to any choice of law or conflict of law rules which would cause the application of the laws of any jurisdiction other than the State of Minnesota. The Entrant agrees that any action at law or in equity arising out of or relating to this sweepstakes, or awarding of the prize, shall be filed only in the state or federal courts located in the County of Stearns in the State of Minnesota. The Entrant hereby consents and submits to the personal jurisdiction of such courts for the purposes of litigating any such action. Except where prohibited, by participating in this sweepstakes, entrant agrees that: (a) any and all disputes, claims, and causes of action arising out of or connected with this sweepstakes, or awarding of the prize, shall be resolved individually, without resort to any form of class action; and (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this sweepstakes but in no event attorneys’ fees; and (c) under no circumstances will any participant be permitted to obtain awards for and hereby waives all rights to claim 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. Some jurisdictions do not allow the limitations or exclusion of liability for incidental or consequential damages, so the above may not apply to you.
Sponsor-Bernick’s, PO Box 7008, St Cloud, MN 56302
Administrator-USA Branding Group, PO Box 135, Madison Lake, MN 56063
HARD Mtn DEW or Otter Outdoors are not sponsors or administrators of this sweepstakes and therefore have no legal responsibility for this promotion.
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