NISUS CORPORATION
PEST WORLD 2024 DAILY GIVEAWAYS SWEEPSTAKES
OFFICIAL SWEEPSTAKES RULES
(https://nisuscorp.com/npma-raffle-terms)
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY
TO ENTER OR WIN THIS SWEEPSTAKES.
1. NO PURCHASE REQUIRED. YOU WILL NOT BE REQUIRED TO SUBMIT TO A SALES PROMOTION TO ENTER OR WIN. OFFER VOID IN THE STATE OF RHODE ISLAND AND WHERE PROHIBITED BY LAW. Buying Will Not Help You Win. Your chances of winning without making a purchase are the same as the chances of someone who purchases something. Certain restrictions, qualifications, and conditions must be met in order to enter and win the sweepstakes, which may found in Sections 3, 4, 5, 6, 7, and 10 hereof. The odds of winning this sweepstakes can be found in Sections 6.1 and 9.
2. SPONSOR. This sweepstakes is sponsored by Nisus Corporation, a Tennessee corporation, whose principal place of business is located at 100 Nisus Drive, Rockford, Tennessee 37853, United States of America (“Nisus” or “Sponsor”).
3. ELIGIBILITY. The Pest World 2024 Daily Giveaways Sweepstakes (the “Sweepstakes”) is open only to individuals who, at the time of entry, (1) are permanent legal residents of the United States residing in a State other than the State of Rhode Island (i.e., legal residents of the State of Rhode Island, any Territory of the United States, or any foreign country are specifically excluded and therefore are ineligible), (2) are at least eighteen (18) years of age (or the age of majority in the State in which such individual resides, if older), and (3) have either a valid Social Security number, a valid U.S. Individual Taxpayer Identification Number and/or a valid Social Insurance number (“Eligible Participants”). The Sweepstakes is subject to all U.S. federal, state, and local laws and regulations and is void where and when prohibited, taxed, or restricted by law. Employees of Nisus and its subsidiaries, advertising and promotion agencies and members of each of their immediate families (spouses, parents, children, and siblings and their respective spouses) and those living in the same household of each are not eligible to enter the Sweepstakes (i.e., they are not Eligible Participants).
4. ENTRY REQUIREMENTS.
4.1 Entry Methods. Eligible Participants may utilize two alternative methods to enter the Sweepstakes:
(a) Via Pest World 2024 Daily Giveaways Barcode. Eligible Participants who have not already entered the Sweepstakes pursuant to the Online Entry Method (as defined below) may enter the Sweepstakes by scanning the barcode located at Sponsor’s booth at the Exhibit Hall at PestWorld 2024, located at the Gaylord Rockies Resort and Convention Center in Denver, Colorado (the “Convention Site”), and fully completing and submitting the online application to enter the Sweepstakes (the “Barcode Method”). There is no cost to enter the Sweepstakes. Eligible Participants who utilize the Barcode Method will be deemed to have entered the Sweepstakes only upon Sponsor’s actual receipt and processing of a fully completed application, including all enrollee contact information, to enroll in the Sweepstakes. Eligible Participants utilizing the Barcode Method are not required to purchase any products from Sponsor as a condition of entry and are not required to enter the Sweepstakes pursuant to any other method.
(b) Via Online Entry Method. Eligible Participants who have not already entered the Sweepstakes pursuant to the Barcode Method may enter the Sweepstakes during the Sweepstakes Period (defined below) by fully completing and submitting the online application located at https://forms.office.com/Pages/ResponsePage.aspx?id=MJoFPEZIhkaPXkZ76k-mjh7ingO_c3BArfK-2ZSniaRUMk1PWVdBV0tHU0k4OUpEWDc1TVQ0U0JKWS4u (the “Application”) to enter the Sweepstakes (the “Online Entry Method”). There is no cost to enter the Sweepstakes. Eligible Participants who utilize the Online Entry Method will be deemed to have entered the Sweepstakes only upon Sponsor’s actual receipt and processing of a fully completed Application, including all enrollee contact information, to enroll in the Sweepstakes. Eligible Participants utilizing the Online Entry Method are not required to purchase any products from Sponsor as a condition of entry and are not required to enter the Sweepstakes pursuant to any other method.
Under each of the Barcode Method and the Online Entry Method (collectively, the “Entry Methods”), Eligible Participants must provide all information required under these Rules to be set forth in the Application (collectively, the “Entry Information”). All Entry Information must be completed in full as a condition precedent to entering the Sweepstakes, regardless of Entry Method. Once submitted, the Entry Information becomes the sole property of Sponsor, subject to any applicable state or federal information/data privacy laws. Subject to further conditions of entry in Sections 4.2 and 4.3 of these Official Sweepstakes Rules (these “Rules”), Eligible Participants will have successfully entered the Sweepstakes (the “Entrants”) if they have completed all steps of an Entry Method and have provided complete Entry Information. The Entry Information will be used as stated herein for purpose of this Sweepstakes, and as stated in Sponsor’s privacy policy available at https://store.nisuscorp.com/privacy-policy/. By entering this Sweepstakes, each Entrant expressly consents to receive advertising and promotional communications from Sponsor; an Entrant may opt out at any time without affect to its entry. By entering the Sweepstakes, regardless of the Entry Method, Eligible Participants agree to be bound by all the terms and conditions set forth in these Rules.
4.2 Sweepstakes Entry Period.
4.2.1 Sweepstakes Period. The Sweepstakes begins, and Eligible Participants may submit entries beginning, on October 22, 2024, at 2:00 PM (MDT), and all entries must be received and processed by Sponsor by 10:00 AM (MDT) on October 25, 2024 (the “Sweepstakes Period”).
4.2.2 Sweepstakes Windows. During the Sweepstakes Period, there will be four (4) periods, each a “Sweepstakes Window.”
4.2.2.1 Sweepstakes Window 1 will open on Tuesday, October 22, 2024 at 2:00 PM (MDT), and all entries must be received by Tuesday, October 22, 2024 at 4:00 PM (MDT).
4.2.2.2 Sweepstakes Window 2 will open on Wednesday, October 23, 2024 at 10:00 AM (MDT), and all entries must be received by Wednesday, October 23, 2024 at 1:00 PM (MDT).
4.2.2.3 Sweepstakes Window 3 will open on Thursday, October 24, 2024 at 10:00 AM (MDT), and all entries must be received by Thursday, October 24, 2024 at 1:00 PM (MDT).
4.2.2.4 Sweepstakes Window 4 will open on Friday, October 25, 2024 at 9:00 AM (MDT), and all entries must be received by Friday, October 25, 2024 at 10:00 AM (MDT).
4.2.3 Sponsor’s computer is the official clock for the Sweepstakes.
4.3 Limit four (4) entries per Eligible Participant for Daily Prizes and Limit one (1) entry per Eligible Participant for Grand Prize. Eligible Participants may enter the Sweepstakes no more than one (1) time per Sweepstakes Window, for a total of four (4) entries per Eligible Participant during the Sweepstakes Period. Multiple entries by the same person (as determined by the first name, last name, and home address provided using the Entry Methods) in excess of this limit may be disqualified, regardless of whether multiple entries were made using different Entry Methods. Any attempted form of entry into this Sweepstakes other than as described herein is void. Any attempt by a person to obtain more than the stated number of entries by using multiple/different email addresses, identities, registrations, or any other methods, including, but not limited to, commercial contest/sweepstakes subscription notification and/or entering services, will void all of such person’s entries and such person will be disqualified. Proof of delivery or receipt of entry will not be deemed by Sponsor as proof of entry into the Sweepstakes. Sponsor has the sole discretion to determine the valid and official entry time should any discrepancies of time occur. Additionally, Sponsor reserves, in its sole discretion, the right to extend the Sweepstakes Period or a Sweepstakes Window for whatever reason without notification. By entering the Sweepstakes during any Sweepstakes Window, an Eligible Participant may be eligible to win the Daily Prize (defined herein) corresponding to the Sweepstakes Window in which the Eligible Participant entered the Sweepstakes and shall automatically be entered to win the Grand Prize (defined herein); provided, an Eligible Participant shall be deemed to have entered the Sweepstakes as to the Grand Prize one (1) time during the Sweepstakes Period, regardless of the number of entries submitted by the Eligible Participant during each Sweepstakes Window (i.e., if Sponsor receives four (4) entries from an Eligible Participant during the Sweepstakes Period—one (1) entry per Sweepstakes Window—the Eligible Participant shall be deemed to have submitted one (1) entry for each Daily Prize and one (1) entry for the Grand Prize).
4.4 Verification Of Entrant. In the event of a dispute about the identity of the Entrant, an entry will be declared made by the authorized account holder of the e-mail address submitted as part of the Entry Information. An authorized account holder is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization (e.g. business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.
5. ENTRY CONDITIONS. By entering or being deemed to enter this Sweepstakes, the Entrant agrees: (i) to abide by these Rules (exact compliance is essential); (ii) to accept as final and binding the decisions of Sponsor Affiliates (as defined below) in all matters relating to the Sweepstakes; (iii) that all entries submitted become the property of Sponsor and will not be acknowledged or returned; and (iv) to the collection of the Entry Information and to its transfer to third parties. By entering this Sweepstakes, the Entrant further gives his/her express permission to be contacted by Sponsor and Sponsor Affiliates, by telephone, e-mail, courier and/or postal mail regarding the Sweepstakes.
6. PRIZES TO BE AWARDED.
6.1 Prizes to be Awarded to Winners and Odds. As part of the Sweepstakes, Sponsor will award a total of five (5) prizes (the “Prizes”). The odds of winning one (1) of the five (5) Prizes depend on the number of eligible entries received, but only five (5) Prizes will be awarded notwithstanding the number of eligible entries received. The Prizes include:
(i) The “Grand Prize,” which shall be Nisus’ payment of up to Five Thousand and 00/100 Dollars ($5,000.00) (the “Prize Amount”) toward the purchase of a vacation to the Hyatt Zilara Cancun resort in Cancun, Mexico (the “Resort”) for the Winner and one adult guest of Winner, such travel to be coordinated and booked by a travel agent designated by Sponsor. The Prize Amount can be applied to the purchase of the stay at the Resort, airplane fare and/or taxes, for a total amount payable by Nisus that shall in no event exceed $5,000.00. The Winner shall be responsible for any amount in excess of the Prize Amount.
(ii) The “1st Drawing Prize,” which shall be six (6) Stanley products, and more specifically, unless unavailable for any reason in which case Nisus may substitute for any comparable (in Sponsor’s sole discretion) Stanley product: (a) The Clean Slate Quencher H2.0 FlowState Tumbler (40 oz); (b) Stanley x Pendleton Classic Bottle (1.5 QT); (c) Adventure Fast Flow Water Jug 2G; (d) The IceFlow Flip Straw Tumbler (30 oz); The Quencher H2.0 FlowState Tumbler (14 oz); and (e) Classic Legendary Camp Mug (12 oz).
(iii) The “2nd Drawing Prize,” which shall be AirPods Pro (2nd generation) with MagSafe Case (USB-C) engraved with the Nisus brand name.
(iv) The “3rd Drawing Prize,” which shall be a VANBAR Trail Camera and a $200 Amazon gift card.
(v) The “4th Drawing Prize,” which shall include a golf trunk organizer, two (2) sleeves of three (3) golf balls, one (1) golf towel, one (1) set of wooden tees, one (1) Nisus golf hat and one (1) Nisus tumbler.
Each of the 1st Drawing Prize, the 2nd Drawing Prize, the 3rd Drawing Prize and the 4th Drawing Prize shall be called a “Daily Prize.”
(NOTE: As set forth in Section 3 of these Rules, a participant must be at least eighteen (18) years of age (or the age of majority in the State in which such individual resides, if older) to be eligible to enter the Sweepstakes. The “Consumer Disclosure” section containing the odds and other official rules of the Sweepstakes can be found in Section 9 herein.).
Hyatt Zilara is a registered trademark of Hyatt Corporation, which is not associated with this Sweepstakes. Stanley is a registered trademark of Pacific Market International, LLC, which is not associated with this Sweepstakes. AirPods is a registered trademark of Apple, Inc., which is not associated with this Sweepstakes. VANBAR is a registered trademark of Shenzhen Tongzhou Yidao Technology Co., Ltd, which is not associated with this Sweepstakes.
The winning Entrant of each Prize (each, a “Winner”) will be announced in accordance with Section 7 below. Each Winner must notify Sponsor that he/she accepts the Prize no later than three (3) days after the notification by Sponsor to the Winner in accordance with Section 7 of these Rules that he/she has been selected as the Winner or the Prize will be forfeited. Each Prize will be awarded only if properly claimed. The Winner may not substitute, assign, or transfer the Prize or redeem the Prize or the Prize Amount for cash. Sponsor reserves right to substitute the Prize, or any portion thereof, with a Prize of equal or greater AVRP in its sole discretion. Any depictions of prizes are for illustrative purposes only. Details and qualifications for participation in this promotion may apply. Please see Sections 3, 5, 7 and 8 herein. Each Prize is awarded “AS IS” with no warranty or guarantee, either express or implied, by Sponsor. Additionally, the restrictions/conditions stated herein are not all-inclusive, and each Prize may be subject to additional restrictions/conditions, which may be stated in the affidavit of eligibility and liability release, a publicity release (where lawful) and other documentation required by Sponsor referenced in Section 7 herein.
6.2 Total AVRP for Prizes. The total approximate verifiable retail price (“AVRP”) of the Prizes to be awarded to the Winners are as follows: (a) Grand Prize: $5,000.00; (b) 1st Drawing Prize: $243.00; 2nd Drawing Prize: $273.00; 3rd Drawing Prize: $300.00; and, 4th Drawing Prize: $335.00. The AVRP of each Prize may fluctuate based on a number of factors beyond Sponsor’s control after receipt of these Rules. Additional compensation will not be provided if the actual value of the Prize is less than the AVRP.
7. SELECTION AND NOTIFICATION OF WINNERS.
7.1 1st Drawing Prize. A single Winner of the 1st Drawing Prize will be randomly selected from among all the Entrants who, during Sweepstakes Window 1, have entered the Sweepstakes pursuant to an Entry Method in accordance with the terms and conditions of these Rules. Sponsor will announce the Winner of the 1st Drawing Prize on Tuesday, October 22, 2024 (the “1st Drawing Date”), at approximately 5:00 PM (MDT). The drawing for the 1st Drawing Prize shall occur no earlier than 4:01 PM (MDT) on the 1st Drawing Date.
7.2 2nd Drawing Prize. A single Winner of the 2nd Drawing Prize will be randomly selected from among all the Entrants who, during Sweepstakes Window 2, have entered the Sweepstakes pursuant to an Entry Method in accordance with the terms and conditions of these Rules. Sponsor will announce the Winner of the 2nd Drawing Prize on Wednesday, October 23, 2024 (the “2nd Drawing Date”), at approximately 2:00 PM (MDT). The drawing for the 2nd Drawing Prize shall occur no earlier than 1:01 PM (MDT) on the 2nd Drawing Date.
7.3 3rd Drawing Prize. A single Winner of the 3rd Drawing Prize will be randomly selected from among all the Entrants who, during Sweepstakes Window 3, have entered the Sweepstakes pursuant to an Entry Method in accordance with the terms and conditions of these Rules. Sponsor will announce the Winner of the 3rd Drawing Prize on Thursday, October 24, 2024 (the “3rd Drawing Date”), at approximately 2:00 PM (MDT). The drawing for the 3rd Drawing Prize shall occur no earlier than 1:01 PM (MDT) on the 3rd Drawing Date.
7.4 4th Drawing Prize. A single Winner of the 4th Drawing Prize will be randomly selected from among all the Entrants who, during Sweepstakes Window 4, have entered the Sweepstakes pursuant to an Entry Method in accordance with the terms and conditions of these Rules. Sponsor will announce the Winner of the 4th Drawing Prize on Friday, October 25, 2024 (the “4th Drawing Date”), at approximately 11:00 AM (MDT). The drawing for the 4th Drawing Prize shall occur no earlier than 10:01 AM (MDT) on the 4th Drawing Date.
7.5 Grand Prize. A single Winner of the Grand Prize will be randomly selected from among all the Entrants who, during the Sweepstakes Period, have entered the Sweepstakes pursuant to an Entry Method in accordance with the terms and conditions of these Rules. Sponsor will announce the Winner of the Grand Prize on the 4th Drawing Date, at approximately 11:00 AM (MDT). The drawing for the Grand Prize shall occur no earlier than 10:01 AM (MDT) on the 4th Drawing Date.
Each of the 1st Drawing Date, the 2nd Drawing Date, the 3rd Drawing Date and the 4th Drawing Date shall be called a “Drawing Date.” Drawings to select each Winner shall be conducted by Sponsor at either the Convention Site or its principal place of business located at 100 Nisus Drive, Rockford, Tennessee 37853. Each Winner will be an Entrant who is randomly selected in a drawing on the respective Drawing Date and who meets the terms and conditions described in these Rules.
Sponsor shall make reasonable efforts to notify each Winner within three (3) days after the Drawing Date of his/her selection in the drawing. If the randomly selected Entrant cannot be reached after a reasonable effort has been exerted, if he/she is found to be ineligible, if he/she cannot or does not comply with these Rules, if he/she notifies Sponsor that he/she does not desire to accept the Prize, if he/she fails to abide by all the terms and deadlines contained in Section 6.1 relating to the Prize, if his/her prize notification is returned as undeliverable, and/or if he/she has died prior to accepting the Prize, the randomly selected Entrant will be disqualified, and, at Sponsor’s sole discretion, an alternate Entrant will be randomly selected as the Winner. Sponsor’s decisions are final and binding in all matters. The winning entry must meet the terms and conditions described in these Rules, and the Winner will be required to sign and return an affidavit of eligibility and liability release, a publicity release (where lawful), a Form W-9 for any Prize having an AVRP exceeding $600.00 and such other documentation Sponsor may require within three (3) days of accepting any Prize to: Nisus Corporation, 100 Nisus Drive, Rockford, Tennessee 37853, or the Prize will be forfeited.
8. USE OF ELIGIBLE PARTICIPANT AND WINNER’S NAME, LIKENESS, ETC. Except where legally prohibited, notwithstanding anything to the contrary in Sponsor’s privacy policy, an Eligible Participant’s entry or deemed entry into the Sweepstakes and/or a Winner’s acceptance of a Prize shall constitute such Eligible Participant’s and/or such Winner’s grant of permission for Sponsor and its parents, subsidiaries, affiliates, sales representatives, distributors, and advertising and promotional agencies (“Sponsor Affiliates”) to use such Eligible Participant’s and/or such Winner’s name, city and state, photo, video, likeness, biographical information, statement, voice and any materials provided to Sponsor for advertising/trade/publicity purposes throughout the universe, in perpetuity, and in all forms of media now known or hereinafter devised (including but not limited to (i) posting on Sponsor’s web site or including in mailings to third parties, (ii) posting on any of Sponsor’s and its affiliates’ social channels such as Facebook, Instagram, Twitter, Snapchat, and TikTok (and future social channels to be launched), (iii) included in Sponsor’s emails, newsletter, mobile app, SMS, as well as print, and (iv) posting in Sponsor-owned or operated buildings), without further notice, permission or additional compensation. Each Winner may be required to execute a publicity release (where lawful), at Sponsor’s sole discretion. In states where such automatic consent is not permitted as a Sweepstakes rule under applicable law or regulation, Sponsor will request voluntary consent from each Winner in accordance with the foregoing provisions; however, refusal to grant such consent in such states shall not render Winner ineligible.
9. CONSUMER DISCLOSURES. By reading these Rules, you have not yet won a Prize. The odds of winning one (1) of the five (5) Prizes depend on the number of eligible entries received, but only five (5) Prizes will be awarded notwithstanding the number of eligible entries received. No purchase is necessary to win a Prize. The approximate retail value of each Prize is provided in Section 6.2 herein. Sponsor’s identifying information is contained in Section 2 herein. Please refer to the restrictions on entry contained in Section 4 herein. The deadline for entry in the Sweepstakes is 1:30 PM (MDT) on October 25, 2024, as provided in Section 4.2 herein.
10. GENERAL CONDITIONS. Sponsor and Sponsor Affiliates are not responsible for lost, late, damaged, misdirected, illegible, incomplete, mutilated, postage due, or incomplete entries. Neither Sponsor nor Sponsor Affiliates are responsible for lost, interrupted, or unavailable network server or other connections, miscommunications, failed telephone or computer transmissions, or technical failure, jumbled, scrambled or misdirected transmissions, or other errors of any kind whether human, mechanical or electronic or for phone, electrical, network, computer hardware or software program malfunctions, failures or difficulties, or for ISP/network/web site accessibility or unavailability. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes, the Sponsor’s web site, or any web page or web banner ad related to the Sweepstakes; to be acting in violation of these Rules; or to be acting in a disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Any person attempting to defraud or in any way tamper with the Sweepstakes will be ineligible to win a Prize and will be prosecuted to the fullest extent of the law. In the event any portion of this Sweepstakes is compromised by a computer virus, bugs, non-authorized human intervention or other causes beyond the control of Sponsor which, in the sole opinion of Sponsor, corrupts or impairs the administration, security, fairness or proper submission of entries, Sponsor reserves the right in its sole discretion to suspend or terminate the receipt of entries, and to randomly select the Winner from entries received prior to the action taken and/or from entries not dependent on the Internet. If, for any reason, the Sweepstakes is not capable of running as originally planned, Sponsor, in its sole discretion, reserves the right to cancel, suspend or modify the Sweepstakes or any portion(s) thereof; and, in its sole discretion, Sponsor may conduct the Sweepstakes drawings and award the Prizes in a manner that is fair, consistent, and in accordance with the spirit of the Sweepstakes. All decisions of Sponsor on all matters relating to the Sweepstakes are final.
11. DISCLAIMERS. Sponsor is not responsible or liable for, and will deem ineligible, any entries that are entered by other than human means (such as by an automated computer program or any non-human mechanism, entity, or device) or by someone other than the person whose information is submitted to receive an entry, or for entries that are illegible, late, forged, destroyed, lost, misplaced, stolen, misdirected, mutilated, postage-due, mechanically duplicated and mass machine printed, tampered with, incomplete, deleted, damaged, dropped, inaccessible, corrupted, jumbled, or otherwise not in compliance with these Rules. By entering this Sweepstakes, each Eligible Participant acknowledges and agrees to be bound by these Rules as well as the decisions of Sponsor, which are final and binding in all respects and to waive any rights to claim ambiguity with these Rules.
12. RELEASE AND INDEMNITY. BY ENTERING THIS SWEEPSTAKES, EACH ELIGIBLE PARTICIPANT ACKNOWLEDGES AND AGREES THAT SPONSOR AND SPONSOR AFFILIATES SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY ELIGIBLE PARTICIPANT AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND TO PERSONS (INCLUDING, BUT NOT LIMITED TO, LIABILITY FOR ANY PROPERTY LOSS, DAMAGE, PERSONAL INJURY OR DEATH AND PUNITIVE, INCIDENTAL AND CONSEQUENTIAL DAMAGES) IN CONNECTION WITH PARTICIPATION IN THIS SWEEPSTAKES, INCLUDING, BUT NOT LIMITED TO, TYPOGRAPHICAL ERRORS IN SWEEPSTAKES PROMOTIONAL MATERIAL; HUMAN ERROR; INCORRECT OR INACCURATE TRANSCRIPTION OF SWEEPSTAKES ENTRY INFORMATION; ACCEPTANCE/POSSESSION AND/OR USE/MISUSE OF ANY PRIZE AWARDED HEREIN, INCLUDING, BUT NOT LIMITED TO, CANCELLATIONS, DELAYS, AND/OR POLICIES OR ANY CHANGE BY THE AIR CARRIER(S), LODGING FACILITIES, OR OTHER COMPANY OR ANY OTHER PERSONS PROVIDING ANY OF THESE SERVICES FOR THE WINNER; ANY TECHNICAL MALFUNCTIONS OF THE COMPUTER ONLINE SYSTEM, COMPUTER DATING MECHANISM, COMPUTER EQUIPMENT, SOFTWARE, INTERNET SERVICE PROVIDER; INTERRUPTION OR INABILITY TO ACCESS THE SWEEPSTAKES, THE SPONSOR’S WEB SITE (OR SPONSOR’S INABILITY TO ACCESS SWEEPSTAKES CONTENT), OR ANY ONLINE SERVICE VIA THE INTERNET DUE TO HARDWARE OR SOFTWARE COMPATIBILITY PROBLEMS; WIRELESS NETWORK DEAD ZONES OR OBSTRUCTIONS; ANY DAMAGE TO AN ELIGIBLE PARTICIPANT’S (OR ANY THIRD PERSON’S) COMPUTER/MOBILE DEVICE AND/OR ITS CONTENTS RELATED TO OR RESULTING FROM ANY PART OF THIS SWEEPSTAKES OR FROM ENTERING OR DOWNLOADING MATERIALS/SOFTWARE IN CONNECTION WITH THE SWEEPSTAKES; AND ANY LOST/DELAYED/DUPLICATE/MULTIPLE DATA TRANSMISSIONS, OMISSIONS, INTERRUPTIONS, DEFECTS AND/OR ANY OTHER ERRORS OR MALFUNCTIONS, EVEN IF ANY OF THE PRECEDING IS CAUSED BY THE NEGLIGENCE OF SPONSOR OR SPONSOR AFFILIATES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO PORTIONS OF THE ABOVE MAY NOT APPLY TO YOU.
ELIGIBLE PARTICIPANTS FURTHER (I) AGREE TO INDEMNIFY AND HOLD HARMLESS SPONSOR AND SPONSOR AFFILIATES FROM ANY AND ALL LIABILITY RESULTING OR ARISING FROM THE SWEEPSTAKES, INCLUDING DUE TO SPONSOR’S AND SPONSOR AFFILIATES’ OWN NEGLIGENCE (BUT NOT TO INCLUDE SPONSOR’S OR SPONSOR AFFILIATES’ GROSS NEGLIGENCE OR INTENTIONAL WRONGDOING), (II) AGREE TO RELEASE ALL RIGHTS TO BRING ANY CLAIM, ACTION OR PROCEEDING AGAINST SPONSOR AND SPONSOR AFFILIATES, AND (III) HEREBY ACKNOWLEDGE THAT SPONSOR AND SPONSOR AFFILIATES HAVE NEITHER MADE NOR ARE IN ANY MANNER RESPONSIBLE OR LIABLE FOR ANY WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESSED OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO THE PRIZE. SPONSOR AND SPONSOR AFFILIATES SHALL NOT BE LIABLE FOR ANY INJURY, DAMAGE, LOSS, EXPENSE, ACCIDENT, DELAY, INCONVENIENCE OR IRREGULARITY THAT MAY BE CAUSED BY OR HAVE CONTRIBUTED TO (I) ANY WRONGFUL, NEGLIGENT OR UNAUTHORIZED ACT OR OMISSION ON THE PART OF ANY OTHER PERSON OR ENTITY NOT AN EMPLOYEE OF SPONSOR, OR (II) ANY OTHER CAUSE, CONDITION OR EVENT WHATSOEVER BEYOND THE CONTROL OF SPONSOR OR SPONSOR AFFILIATES.
13. TAXES ARE WINNERS’ RESPONSIBILITY. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, ALL FEDERAL, STATE, AND LOCAL TAXES; LICENSE, TITLE AND/OR REGISTRATION FEES; OR OTHER COSTS ASSOCIATED WITH WINNING A PRIZE ARE THE SOLE RESPONSIBILITY OF THE WINNERS. SPONSOR SHALL NOT BE RESPONSIBLE FOR ANY SUCH TAXES, FEES, AND COSTS OUTSIDE OF THE PRIZE AMOUNT AND SHALL NOT PAY ANY ADDITIONAL CONSIDERATION TO WINNERS RELATED TO ANY TAXES, FEES, AND COSTS WINNERS MAY INCUR ON ACCOUNT OF WINNING A PRIZE.
14. GOVERNING LAW; MANDATORY ARBITRATION; CLASS ACTION WAIVER; WAIVER OF JURY TRIAL. The Sweepstakes and these Rules will be governed, construed, and interpreted under the laws of the State of Tennessee. By participating in this Sweepstakes, each Eligible Participant agrees that: (1) any claim, dispute or controversy (whether in contract, tort or otherwise) Eligible Participant may have against Sponsor or Sponsor Affiliates arising out of, relating to or connected in any way with the Sweepstakes, these Rules, the awarding or redemption of a Prize, or the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (the “AAA”) and conducted before a sole arbitrator pursuant to AAA’s Consumer Arbitration Procedures or such other applicable AAA rules the arbitrator concludes should apply (“Rules and Procedures”); (2) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (the “FAA”), 9 U.S.C. §§ 1-16; (3) the arbitration shall be held at a location determined by AAA pursuant to the Rules and Procedures (provided such location is reasonably convenient for Eligible Participant), or at such other location as may be mutually agreed by the Eligible Participant and Sponsor; (4) the arbitrator’s decision shall be controlled by the terms and conditions of these Rules and any of the other agreements referenced herein that the Eligible Participant may have entered into in connection with the Sweepstakes; (5) the arbitrator shall apply Tennessee law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (6) there shall be no authority for any claims to be arbitrated on a class or representative basis as Eligible Participant and Sponsor hereby waive the right to assert claims in any class or representative action; arbitration can thus decide only the Eligible Participant’s and/or Sponsor’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; and (7) with the exception of subpart (6) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. Finally, this arbitration provision is reciprocally binding on all parties, such that both Eligible Participant and Sponsor are required to arbitrate their claims against one another.
EXCEPT AS OTHERWISE PROHIBITED BY LAW, ELIGIBLE PARTICIPANTS HEREBY WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM OF ANY KIND OR NATURE RELATED DIRECTLY OR INDIRECTLY TO: (a) THE SWEEPSTAKES; (b) THESE RULES; AND/OR (c) THE TRANSACTIONS AND OBLIGATIONS CONTEMPLATED HEREBY. THE WAIVER MADE HEREUNDER IS MADE KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY FOR SUBSTANTIAL CONSIDERATION AND AS AN INDUCEMENT FOR SPONSOR TO PERMIT ELIGIBLE PARTICIPANTS TO ENTER OR TO BE DEEMED TO HAVE ENTERED THE SWEEPSTAKES. THIS WAIVER IS SEPARATELY GIVEN BY ELIGIBLE PARTICIPANTS, AND THIS WAIVER IS INTENDED TO ENCOMPASS INDIVIDUALLY EACH INSTANCE AND EACH ISSUE AS TO WHICH THE RIGHT TO A JURY TRIAL WOULD OTHERWISE ACCRUE. FURTHER, ELIGIBLE PARTICIPANTS HEREBY CERTIFY THAT NO REPRESENTATIVE OR AGENT OF SPONSOR HAS REPRESENTED, EXPRESSLY OR OTHERWISE, TO ELIGIBLE PARTICIPANTS THAT SPONSOR SHALL NOT SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION.
15. WINNERS IDENTITY. For a copy of these Rules or the name of the Winner (which will not be available before November 22, 2024), send a self-addressed stamped envelope, to be received no later than March 31, 2025, to Nisus Corporation, “Pest World 2024 Daily Giveaways Sweepstakes,” 100 Nisus Drive, Rockford, Tennessee 37853.
16. MISCELLANEOUS. The failure of Sponsor to comply with any provision of these Rules due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, epidemic, pandemic, actions of governmental authorities outside of the control of Sponsor (excepting compliance with applicable codes and regulations) or other force majeure event will not be considered a breach of these Rules. Entrants agree to be bound by these Rules and by the decisions of Sponsor, which are final and binding in all respects. Sponsor reserves the right, in its sole discretion, to change these Rules at any time without notice. Sponsor reserves the right, in its sole discretion, to disqualify individuals whose eligibility is in question or for any other reason whatsoever.
