| Pigskin Pick’em Challenge Terms and Conditions NO PURCHASE NECESSARY. VOID WHERE PROHIBITED BY LAW. 1. ELIGIBILITY: Pigskin Pick'em Challenge (the "Challenge") is open to legal residents of the United States and the District of Columbia who are eighteen (18) years of age or older as of date of participation and reside within sixty (60) miles of McLarty Ford’s (“Sponsor”) market area. Sponsors market area is defined as the States of Texas, Louisiana, Oklahoma and Arkansas. The following individuals are not eligible to participate in the Challenge: (i) employees and agents of SafetyNet Promotions and their respective parent, subsidiary and affiliated companies, and each of their respective advertising/promotion agencies; and (ii) the "immediate family members" and/or "household members" of any of the persons set forth in (i) above. "Immediate family members" shall mean parents, step-parents, children, step-children, siblings or spouses. "Household members" shall mean people who share the same residence at least three (3) months a year. Participation in the Challenge constitutes participant’s full and unconditional agreement to these Terms and Conditions and to Sponsor's decisions. The decisions of the Sponsor regarding all matters relating to the Challenge are final and binding. Winning an award is contingent upon fulfilling all requirements set forth herein. From all eligible submissions received, the award recipients will be determined based on their ability to accumulate the most points in this Challenge. This Challenge is void outside of the market area specified above and where prohibited or restricted by law and subject to all applicable federal, state, local and municipal laws and regulations. 2. CHALLENGE PERIOD: The Challenge begins on Saturday, August 31, 2024 and ends on Sunday, January 4, 2025 at 7:59pm (or upon the completion of the last game from that day) (the "Challenge Period"). The Challenge Period will be divided into nineteen (19) weekly periods that coincide with the regular season football schedule (each, a “Weekly Period”). For purposes of these terms and conditions (the "Terms and Conditions") all times are Eastern Time ("ET"). 3. CHALLENGE OVERVIEW: The objective of the Challenge is to accumulate the most points by correctly selecting the "winning team" for each regular season football game during the Challenge Period. One (1) point is awarded for each correct pick. You will not lose or accumulate points for incorrect selections. The one (1) participant with the most points accumulated at the end of each Weekly Period will be deemed a potential “Weekly Award Recipient”. Points from one Weekly Period do not carry over to subsequent Weekly Periods. Two (2) randomly selected contestants each week will be selected and be deemed a “Random Award Recipient”. 4. HOW TO PARTICIPATE: During the Challenge Period, visit www.mclartyford.com and complete the online Registration Form provided and submit. Returning visitors may use their email address to log-in. Then, follow the instructions to make your selections for the applicable Weekly Period and submit your prediction for the final score of the applicable Game of the Week. There is a limit of one (1) registration per person using only one (1) email address throughout the Challenge Period and a limit of one (1) Weekly Period submission per week. A participant may revise their previously submitted selections if the applicable game(s) have not started. Registrations or submissions received from any person or email address in excess of the above stated limitation will be void. You may begin playing after the start of the Challenge but you will not receive any points for the football games and/or Weekly Periods you have missed. For example, if you have no valid winning picks for a particular Weekly Period (e.g., because you didn't participate), your point total for that Weekly Period would be zero (0). In order to maximize the opportunity to accrue the most points, register and participate no later than the first kickoff of the first game of the football regular season (Saturday, August 30, 2024 at 12:00 pm ET). In the event a scheduled regular season football game listed does not occur as scheduled (e.g., a game is cancelled) no points will be awarded. Ties will be broken in accordance with the tie-breaker procedure identified below. Your selections for each applicable game within a Weekly Period must be submitted prior to the start time of such game. Once a game has started, the ability to predict the winning team (and/or predict the final score if such game is the Game of the Week for such Weekly Period) will be locked and you will not be able to accumulate points for such game. Sponsor's computer is the official time keeping device for this Challenge. 5. TIEBREAKERS: In the event there is a tie for the most points accumulated for a particular Weekly Period, the one (1) participant who predicted the closest Game of the Week total score for the applicable Weekly Period without going over will be deemed the award recipient. In the event all tied participants predicted scores that exceeded the total score for the applicable Game of the Week, the one (1) participant who was closest to the Game of the Week total score will be deemed the award recipient. In the event of a tie for the Grand Award, the one (1) participant who predicted the closest Game of the Week total score for the final Weekly Period without going over will be deemed the Grand Award recipient. In the event all tied participants predicted scores that exceeded the total score for the final Game of the Week, the one (1) participant who was closest to the final Game of the Week total score will be deemed the Grand Award recipient. In the event more than two (2) participants successfully predict the exact final score of the Game of the Week for a Weekly Period, such participants will evenly split the combined value of the two (2) available Weekly Score Prediction Awards. 6. AWARDS: Weekly Awards (19): Each Weekly Award Recipient will receive a randomly assigned retailer $100 Gift Card. The approximate retail value ("ARV") is $100 each. Random Awards (38): Each Random Award Recipient will receive a randomly assigned retailer $50 Gift Card. The approximate retail value (“ARV”) is $50 each. 7. AWARD RESTRICTIONS: If a potential award recipient is at least 18 but still considered a minor in his/her jurisdiction of primary residence, potential award recipient's parent/legal guardian must execute all documents and agree to all obligations and undertakings required of the potential award recipient in these Terms and Conditions, both on behalf of himself/herself and the potential minor. Receiving an award is contingent upon fulfilling all requirements set forth herein. Award recipients are solely responsible for any and all expenses, relative to participation in the Challenge (including acceptance of any award) not specified herein. No cash or other award substitution, assignment or transfer of awards permitted, except at Sponsor's sole discretion due to award unavailability. Sponsor reserves the right to substitute an award with one of comparable value or greater value (e.g., Sponsor may opt instead to award the cash equivalent of any award in lieu of the award itself). Each award recipient is solely responsible for all federal, state and local taxes associated with the receipt or use of any award. Gift cards are subject to certain terms and conditions as specified by issuer and are NOT redeemable/exchangeable for cash. Other restrictions may apply. Award recipients should allow up to 6-8 weeks after they return their signed, notarized affidavit to receive their award. 8. SUBMISSION ERRORS/DISPUTES. Sponsor is not responsible for lost, late, incomplete, damaged, stolen, invalid, unintelligible or misdirected submissions, points or predictions, which will be disqualified. Sponsor is not responsible for any unavailability of or interruptions to any service or equipment used in connection with the Challenge, including, without limitation, (1) interruptions to any network, server, Internet, website, telephone, satellite, computer or other connections (2) failures of any telephone, satellite, hardware, software or other equipment, (3) garbled, misdirected or jumbled transmissions, or traffic congestion, or (4) other errors of any kind, whether human, technical, mechanical or electronic, or (5) the incorrect or inaccurate capture of submission or other information or the failure to capture any such information. Once submitted, submissions become the sole property of Sponsor and will not be acknowledged or returned. In the event of a dispute as to any submission, the authorized account holder, i.e., natural person, of the email address used to register will be deemed to be the registrant. Potential award recipients may be required to show proof of identification. Sponsor may require that the potential award recipient provide proof that he/she is the authorized account holder of the e-mail address and/or password associated with the winning submission. 9. POTENTIAL AWARD RECIPIENTS: All participation in the Challenge is subject to verification by Sponsor, whose decisions are final. Sponsor shall solely determine any form of award verification. A participant is not an award recipient unless and until participant's eligibility and the potential award winning submission has been verified and participant has been notified that verification is complete. Sponsor will not accept screen shots, affidavits or other evidence of winning in lieu of its validation process. Any submission that occurs after the system has failed for any reason may be deemed a defective submission and void. Potential award recipients will be notified via email, mail, and or phone and may be required to execute and return an affidavit of eligibility, a liability release and, where lawful, a publicity release within five (5) days of date of issuance. If such documents are not returned within the specified time period, award or award notification is returned as undeliverable, Sponsor is unable to contact a potential award recipient or a potential award recipient is not in compliance with these Terms and Conditions, award will be forfeited and, at Sponsor’s discretion, a runner-up may be notified for the applicable award. 10. CONDITIONS OF PARTICIPATION. Participation constitutes entrant's full and unconditional agreement to these Terms and Conditions and to Sponsor's decisions. The decisions of the Sponsor in regards to all matters of this Challenge are final and binding. Except where prohibited, participation in this Challenge constitutes award recipient's consent to Sponsors' and any of their respective agents' use of award recipient's name, likeness, voice, opinions and biographical information for publicity, advertising, trade or promotional purposes in any media or manner, now known or hereafter devised, worldwide, without further payment, consideration, notice or approval. Sponsor reserves the right in its sole discretion, to modify, cancel, terminate, and/or suspend the Challenge and to disqualify any individual who tampers with the submission process, violates these Terms and Conditions, or acts in a disruptive or unsportsmanlike manner. Without limiting the foregoing, Sponsor may lock out an entrant who, in Sponsor's sole judgment, has been disqualified, has questionable eligibility or is otherwise ineligible to submit. CAUTION: A PERSON WHO ATTEMPTS DELIBERATELY TO UNDERMINE THE LEGITIMATE OPERATION OF THIS CHALLENGE OR TO ALTER OR DAMAGE A WEBSITE MAY BE SUBJECT TO CIVIL AND/OR CRIMINAL PENALTIES AND FINES; AND SPONSOR RESERVES THE RIGHT TO SEEK ANY AND ALL REMEDIES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Without limiting the foregoing, Sponsor may modify, cancel, terminate, and/or suspend the Challenge if, in the Sponsor's sole opinion, an incident of any kind occurs to corrupt or impair the administration, security, integrity, fairness or play (as intended) of the Challenge, including without limitation: (a) viruses, bugs, unauthorized human intervention, fraud or technical failure; or (b) earthquake, flood, fire, storm or other natural disaster, act of God; or (c) labor controversy or threat thereof, civil disturbance or commotion, disruption of the public markets, war or armed conflict (whether or not officially declared). In the event that the football regular season is postponed, terminated early, or cancelled for any reason (such as a strike or lockout), Sponsor reserves the right to provide the awards based on scores and points accumulated to the applicable award recipient(s) at the time the season is disrupted, or to cancel, modify or suspend the Challenge at its discretion. 11. RELEASE AND INDEMNITY. By participating in this Challenge or receiving an award, participants (and in particular, award recipients) agree to release and to indemnify and hold harmless Sponsor, SafetyNet Promotions and each of their respective related companies, and all of their respective officers, directors, employees and agents (collectively, the "Released Parties") for any liability, injury, death, loss or damages to entrant or any person or entity, including without limitation damage to personal or real property, caused in whole or in part, directly or indirectly, by participation in this Challenge (or related activities) or the acceptance, possession or use/misuse of any award. 12. LIMITATIONS OF LIABILITY. The Released Parties do not make any representation, warranty or guarantee, express or implied, relating to the Challenge or awards, and are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment, hardware, software or programming associated or used with the Challenge; (2) technical errors, defects, delays or failures of any kind, including without limitation malfunctions, interruptions or disconnections in communications lines, Internet or website access, hardware or software; (3) digital or electronic disruptions, e.g., viruses; (4) unauthorized human intervention, e.g., hacking; (5) technical or human error which may occur in connection with any aspect of the Challenge; (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant's participation in the Challenge, access to, copying or downloading materials from mclarty.com or any other website, or receipt or use of any award. 13. ARBITRATION: Except where prohibited by law, as a condition of participating in this Challenge, participant agrees that (1) any and all disputes and causes of action arising out of or connected with this Challenge, or any awards awarded, shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of the American Arbitration Association and held at the AAA regional office nearest the participant; (2) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (3) judgment upon such arbitration award may be entered in any court having jurisdiction. Under no circumstances will participant be permitted to obtain awards for, and participant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys' fees, other than participant's actual out-of-pocket expenses (i.e., costs associated with participating in this Challenge), and participant further waives all rights to have damages multiplied or increased. 14. CHOICE OF LAW: All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions, or the rights and obligations of participant and Sponsor in connection with the Challenge, shall be governed by, and construed in accordance with, the substantive laws of the State of Texas, USA. 15. PRIVACY. Personally identifiable information that is submitted by entrants as part of this Challenge will be used to administer the Challenge, determine award recipients and fulfill awards, and will be treated in accordance with Sponsor's privacy policy accessible on its website at www.mclartyford.com. 16. AWARD RECIPIENT’S LIST. For the names of the award recipients, mail a self-addressed stamped envelope to: Pigskin Pick’em Challenge, 2353 Thompson Mill Road, Suite 103, Buford, GA 30519. Residents of VT may omit return postage. Requests must be received by January 28, 2023. 17. SPONSOR: McLarty Ford, 3232 Summerhill Rd., Texarkana, TX 75503 |
