KIDS & CLAYS FOUNDATION OFFICIAL SWEEPSTAKES RULES
VOID WHERE PROHIBITED. NO PURCHASE, PAYMENT, OR CONTRIBUTION NECESSARY. A PURCHASE, CONTRIBUTION, DONATION, OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. BY ENTERING THE SWEEPSTAKES, ENTRANT AGREES TO BE BOUND BY THESE OFFICIAL
- Eligibility: The Sweepstakes is only open to legal residents of the United States who are 18 years of age or older and is void where prohibited by law. All contributions made in this Sweepstakes and described in Section 4 below are made to Kids & Clays Foundation (“Sponsor”). This organization is a non-profit organization described in Section 501(c)(3) of the Internal Revenue Code. Employees of Kids & Clays Foundation, its affiliates, subsidiaries, advertising and promotion agencies, and suppliers, (collectively the “Employees”), and immediate family members of Employees (spouses and/or parents, children, and siblings, and their spouses, regardless of where they reside) and/or those living in the same household of Employees (whether or not related thereto) are not eligible to participate in or win the Sweepstakes. The Sweepstakes is subject to all applicable federal, state, and local laws and regulations. The Sweepstakes is void where prohibited.
2. Agreement to Rules: By participating in this Sweepstakes, the Entrant (“You”) agree to be fully and unconditionally bound by these Official Rules, and You represent and warrant that You meet the eligibility requirements. In addition, you agree to accept the decisions of Kids & Clays Foundation as final and binding as it relates to this Sweepstakes.
3. Sweepstakes Period: Entries will be accepted online starting on Monday 14, 2022, at 12 a.m. Central Standard Time (“CST”) and ending Tuesday January 31, 2023 at 11:59 p.m. CST. The Winner will be selected as described herein in Section 7 below on February 1, 2023. The Sponsor’s database computer is the official time-keeping device for the Sweepstakes.
4. How to Enter: Participants may enter either by the Contribution Method or by the Free Entry Method, as described herein:
(a) Contribution Method: To enter by contributing money to Sponsor, You must make a contribution by going to www.probiggame.givesmart.com. and make a contribution to Sponsor by January 31, 2023 at 11:59 p.m. CST. You must also provide Your first name, last name, date of birth, and email address. Sponsor suggests contributing $100 or more, but a contribution of any amount will result in one entry into the Sweepstakes. You may enter as many times as you wish. Entries via the Contribution Method must be made online at www.probiggame.givesmart.com.by January 31, 2023 at 11:59 p.m. CST to qualify for entry. Entering via the contribution method will not increase Your chances of winning the prize.
(b) Free Entry Method: To enter via the Free Entry Method, You must submit an entry by going to www.kidsandclays.com and providing Your first name, last name, date of birth, and email address. Entries must be made online at www.probiggame.givesmart.com by January 31, 2023 at 11:59 p.m. CST to qualify for entry. You may enter as many times as you wish.
For either entry method, the entry must fulfill all Sweepstakes requirements as specified herein to be eligible to win a prize. Entries that are incomplete or do not adhere to these Official Rules or specifications may be disqualified at the sole discretion of Sponsor. You may enter as often as you wish. You must accurately provide the information requested. You may not enter more times than indicated by using multiple email addresses, identities, or devices in an attempt to circumvent the rules. Proof of contribution or online entry will not be deemed to be proof of receipt of entry by Sponsor. If You use fraudulent methods or otherwise attempt to circumvent the rules, Your submission may be removed from eligibility at the sole discretion of Sponsor.
5. Prizes: There will be one (1) Prize Winner and there will be one (1) Prize awarded to the Prize Winner. The Prize Winner will be awarded Two Club 57 Elite Ticket Packages to the Big Game in Glendale, Arizona on February 12, 2023. The Prize and the Approximate Retail Value (“ARV”) of the Prize is as follows:
— Two seats in Section 128, Row 5 which are on the Visitor’s 35-yard line
–Dedicated Club 57 Tailgate Party on Game Day with Hall of Famers, Food and Beverages, Reserved Table Seating, and Mini Concert
–Private entrance to your Big Game 57 seats
–Tour of Stadium Field after the Big Game
–Omni Hotel Private Club which includes food and all beverages plus special Club 57 Gift Bag during Big Game week
–Reserved Game Day Parking
–Five Nights hotel accommodations at the Springhill Suites by Marriott Phoenix/Glendale/Peoria, 7810 W Bell Road, Glendale, Az 85308
— One (1) $1,000 Visa Gift Card for travel or other expenses.
— Collectible Printed Tickets of the Big Game
The Total ARV for the prize is $43,100.
Any difference between the actual retail value of a prize and the ARV will not be awarded. The actual retail value may vary depending on fare fluctuations and other variables. No substitution, assignment or transfer of any prizes are permitted, except by Sponsor, who reserves the right to substitute the prizes with another of comparable or greater value. Tickets will be sent electronically with collectible printed tickets sent when available after the event.
The potential Winner must sign and return to the Sponsor, within three (3) days of the date of notice or attempted notice is sent, an Affidavit of Eligibility, Liability & Publicity Release in order to claim his/her prize. Note: The Affidavit sent to the potential Winner will require that the Winner provide their Social Security Numbers to the Sponsor, which will be used solely for tax reporting purposes. Actual or appraised value may differ at time of prize award. The specifics of the prize shall be solely determined by Sponsor. No cash or other prize substitution shall be permitted except at Sponsor’s discretion. Any and all prize-related expenses, including without limitation any and all federal, state, and/or local taxes, shall be the sole responsibility of the Winners. Acceptance of the prize(s) constitutes permission for Sponsor to use Winner’s name, likeness, and entry for purposes of advertising and trade without further compensation, unless prohibited by law.
6. Odds: The odds of winning depend on the number of eligible entries received.
7. Winner Selection and Notification: The Winner will each be selected by a random drawing under the supervision of Sponsor on February 1, 2023. The Winner will be notified by email and voice call within three (3) days following selection of the winner. Sponsor shall have no liability for the Winner’s failure to receive notices due to spam, junk e-mail or other security settings or for any Winner’s provision of incorrect or otherwise non-functioning contact information. If Winner cannot be contacted, is ineligible, fails to claim the prize within three (3) days from the time award notification was sent, or fails to timely return a completed and executed release as required, the prize may be forfeited and an alternate Winner selected. Receipt by Winner of the prize offered in this Sweepstakes is conditioned upon compliance with any and all federal, state, and local laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY ANY WINNER (AT SPONSOR’S SOLE DISCRETION) WILL RESULT IN WINNER’S DISQUALIFICATION AS WINNER OF THE SWEEPSTAKES, AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.
8. Taxes: The Winner must note that the value of the accepted prize is taxable as income and that an IRS Form 1099 will be filed in the name of the Winner for the value of the prize. Any Prize with fair market value equal to or greater than $600 are taxable income to the Winner and must be reported to the IRS via IRS Form 1099.The Winner is solely responsible for all matters relating to their prizes after they are awarded. The value of the prize is includible in the Winner’s income. Sponsor is required to report the actual value of the prize to the Internal Revenue Service. The Winner agrees to provide their valid name, address, and Social Security number to Sponsor for tax reporting purposes. THE WINNER IS RESPONSIBLE FOR PAYING ALL FEDERAL, STATE, AND LOCAL INCOME AND OTHER APPLICABLE TAXES THAT ARE DUE IN CONNECTION WITH RECEIPT OF THE PRIZE.
9. Rights Granted by You: By entering this Sweepstakes, You understand and agree that Sponsor, anyone acting on behalf of Sponsor, and Sponsor’s licensees, successors, and assigns, shall have the right, where permitted by law, to print, publish, broadcast, distribute, and use in any media now known or hereafter developed, in perpetuity and throughout the world, without limitation, Your entry, name, portrait, picture, voice, likeness, image, statements about the Sweepstakes, and biographical information for news, publicity, information, trade, advertising, public relations, and/or promotional purposes without any further compensation, notice, review, or consent. You shall indemnify, defend, and hold harmless Sponsor from and against any suit, proceeding, claims, liability, loss, damage, costs or expense, which Sponsor may incur, suffer, or be required to pay arising out of such infringement or suspected infringement of any third party’s right.
10. Terms & Conditions: Sponsor reserves the right, in its sole discretion, to cancel, terminate, amend, modify or suspend the Sweepstakes should a virus, bug, non-authorized human intervention, fraud, or other cause beyond Sponsor’s control corrupt or affect the administration, security, fairness, or proper conduct of the Sweepstakes. In such case, Sponsor may select the Winner from all eligible entries received prior to and/or after (if appropriate) the action taken by Sponsor. Sponsor reserves the right, in its sole discretion, to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Sweepstakes or website or violates these Official Rules. Sponsor has the right, in its sole discretion, to maintain the integrity of the Sweepstakes, to void entries for any reason, including, but not limited to: multiple entries from the same user from different IP addresses, multiple entries from the same computer in excess of that allowed by Sweepstakes rules, or the use of bots, macros, scripts, or other technical means for entering. Any attempt by an entrant to deliberately damage any website or undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil laws. Should such attempt be made, Sponsor reserves the right to seek damages to the fullest extent permitted by law.
11. Limitation of Liability: By entering, You agree to release and hold harmless Sponsor and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, vendors, successors, assigns, employees, officers, and directors (“Released Parties”) from any liability, illness, injury, death, loss, litigation, claim, or damage that may occur, directly or indirectly, whether caused by negligence or not, from: (i) such entrant’s participation in the Sweepstakes and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof; (ii) technical failures of any kind, including but not limited to the malfunction of any computer, cable, network, hardware, or software, or other mechanical equipment; (iii) the unavailability or inaccessibility of any transmissions, telephone, or internet service; (iv) unauthorized human intervention in any part of the entry process or the Sweepstakes; (v) electronic or human error in the administration of the Sweepstakes or the processing of entries. The Winner agrees that the Released Parties shall not be liable for any loss or injury resulting from participation in the Sweepstakes, or the acceptance, use of any prize, or participation in any event associated with or comprising a part of the prize, including any travel to and from Glendale, Arizona, or any other destination related to the prize, including to and from the airport, or to and from any event related to any prizes, and any and all events and travel related to the prizes.
12. Disputes: THIS SWEEPSTAKES IS GOVERNED BY THE LAWS OF UNITED STATES, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Sweepstakes, You agree that any and all disputes that cannot be resolved between the parties, and causes of action arising out of or connected with this Sweepstakes, shall be resolved individually, without resort to any form of class action, exclusively before a court located in Indianapolis, Indiana having jurisdiction. Further, in any such dispute, under no circumstances shall You be permitted to obtain awards for, and You hereby waive all rights to, punitive, incidental, or consequential damages, including reasonable attorney’s fees, other than Your actual out-of-pocket expenses (i.e. costs associated with entering this Sweepstakes). You further waive all rights to have damages multiplied or increased.
13. Privacy and Privacy Policy: You consent that any personal information (i.e. contact information, payment information, address, phone number, email address, etc.) provided may be collected and used in connection with administering the Sweepstakes, including, but not limited to, contacting and announcing any Winner. Additionally, information provided by You will be used and governed in accordance with Sponsor’s privacy policy. To read the Privacy Policy, click here: www.kidsandclays.com.
14. Winner List: To obtain a copy of the Winner’s names or a copy of these Official Rules, mail such a request along with a stamped, self-addressed envelope to: Kids & Clays Foundation, P.O. Box 8833, Michigan City, IN 46361. Requests must be received no later than January 31, 2023 at 11:59pm EST. Kids & Clays will publish the winner’s name on it’s website on or about February 1, 2023 at www.kidsandclays.com.
15. Sponsor: The Sponsor of the Sweepstakes is Kids & Clays Foundation, P.O. Box 8833, Michigan City, IN 46361.
16. Bound By These Rules: You, as entrant, agree that, by submitting an entry, You will be bound by these Official Rules and You have affirmatively reviewed, accepted, and agreed to all of the Official Rules and other conditions.
