Eligibility. This Promotional Give-AwaySweepstakes(“Promotion”) is open only to attendees (“Attendees”) and exhibiting vendors (“Vendors”)of the NB Day of the Dead, held on Oct 22nd, 2022, who are legal residents of the United States and eighteen (18) years of age or older at the time of entry. The Promotion is subject to all applicable laws and is void where prohibited by law.
Sponsors. This Promotion is sponsored by SkyLine Canopies LLC DBA All In Canopies(“Sponsors”).
THE SPONSORS HAVE SOLE DISCRETION TO DETERMINE ALL DECISIONS IN ALL MATTERS RELATED TO THE PROMOTION, AND ALL SUCH DETERMINATIONS AND DECISIONS ARE BINDING AND FINAL.
Purpose and Prizes. The purpose of the Promotion is to support the vendor community by giving Attendees a way to recognize and honor their favorite Vendors by providing one Vendor a Prize of ONE FREE Custom 6ft Stretch table cover, with an approximate retail value of $180 (“Prizes”), in accordance with these Terms & Conditions.
Prizes are not for resale and will not be replaced if lost or stolen. No substitution of the Prizes will be permitted or provided, except that Sponsors, in their sole discretion, may provide a Prize of comparable or greater value.
Sponsors shall be responsible for any and all shipping fees associated with delivering Prizes to selected recipients. Prize recipients shall be responsible for any and all taxes or the like associated with receiving a Prize.
Promotion Period. The Promotion period begins on Oct 17th at 12 pm CST and ends on Oct 23rd, 2022 at 12 pm CST(“Promotion Period”).
Nominations. An Attendee may nominate a favorite Vendor by completing and submitting the form available here during the Promotion Period: [NB Day of the Dead Nomination](“Nomination”).
A Nomination is valid only if both Attendee and Vendor are eligible under these Terms & Conditions and, in addition to the name of the nominated Vendor, Attendee provides Attendee’s own name, telephone number, email address, a short nomination statement, AGREES to the terms & conditions and Privacy Policy of the form and responds Y/N to the newsletter sign up(collectively, “Attendee’sInformation”).
Each Attendee may nominate only one (1) Vendor. If an Attendee nominates more than one Vendor, Sponsors may, in their sole discretion, either randomly choose one of the nominated Vendors to be entered into the Promotion or deem all Nominations by that Attendee to be invalid.
Selection of Prize Recipients. The Vendor to receive the largest number of valid Nominations (“Selected Vendor”) will receive one (1)Prize.
Odds. The odds of winning will depend, in part, on the number of eligible Nominations received.
Awarding of Prize to Selected Vendor. Sponsors will attempt to notify the Selected Vendor by announcing during NB Day of the Dead 2022 on Oct 23rd at 5:00 pm CST (“Notification”).
Selected Vendor must respond to Notification within five (5) business days of the date of Notification by either accepting or refusing to accept receipt of the Prize, providing Sponsors with a vector file of Selected Vendor’s business logo(the “Logo”), and, to the extent requested by Sponsors, providing proof of eligibility, and executed Affidavit of Eligibility and Release, and/or other documents (s)as Sponsors may reasonably request.
If within five (5) business days of the date of Notification, the Selected Vendor fails to respond or to provide the required files and documents, or cannot or refuses to accept the Prize, Selected Vendor will be deemed to have forfeited the Prize. In such a case, the Vendor receiving the next largest number of Nominations will be deemed the Selected Vendor.
Limited License to Use Logo. By providing Sponsors with a vector file of the Logo, Selected Vendor grants to Sponsors a non-exclusive, limited license to use the Logo solely for the purposes of (1) providing Selected Vendor with customized products incorporating the Logo and (2) recognizing Selected Vendor as a participant in the Promotion, such as in posts on Sponsors’ social media accounts. Whether Sponsors use the Logo for these purposes is at Sponsors’ sole discretion, and Sponsors have no obligation to do so.
DISCLAIMERS. SPONSORS SHALL NOT BE RESPONSIBLE FOR THE INABILITY OR FAILURE OF A SELECTED VENDOR OR SELECTED ATTENDEE TO RETURN SPONSOR’S MESSAGES, ANY NOTIFICATIONS RETURNED DUE TO INACCURACIES IN ATTENDEE’S INFORMATION, OR ANY RESPONSES OF SELECTED VENDOR OR SELECTED ATTENDEE THAT ARE LOST, LATE, INCOMPLETE, OR OTHERWISE NOT RECEIVED BY SPONSORS.
REPRESENTATIONS AND WARRANTIES. BY SUBMITTING A NOMINATION, ATTENDEES REPRESENT AND WARRANT TO SPONSORS THAT THE ATTENDEE INFORMATION IS TRUE AND CORRECT.
BY PROVIDING SPONSORS WITH A VECTOR FILE OF THE LOGO, THE SELECTED VENDOR REPRESENTS AND WARRANTS THAT THE SELECTED VENDOR OWNS ALL RIGHTS IN THE LOGO NECESSARY TO GRANT THE LIMITED LICENSE GRANTED TO SPONSORS HEREIN.
RELEASE OF LIABILITY AND INDEMNIFICATION. EACH ATTENDEE AND VENDOR SHALL ASSUME ALL LIABILITY FOR AND RELEASE AND HOLD HARMLESS SPONSORS, AND ANY AND ALL OF THEIR OFFICERS, EMPLOYEES, AND AGENTS, FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, INJURY, LOSS, DAMAGES, AND LIABILITIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, CLAIMS ARISING FROM OR RELATED TO:(I)THE PROMOTION;(II)THAT ATTENDEE OR VENDOR’S PARTICIPATION IN THE PROMOTION; OR(III)THAT ATTENDEE OR VENDOR’S USE OF THE PRIZE. SPONSORS ARE NOT LIABLE FOR ANY EVENT THAT MAY PREVENT A POTENTIAL ATTENDEE FROM ACCESSING THE PROMOTION WEBSITE OR SUBMITTING A NOMINATION, INCLUDING BUT NOT LIMITED TO ANY SERVICE OUTAGE, DELAY, COMPUTER DIFFICULTY, OR OTHER TECHNICAL ISSUES.
LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, AND EVEN IF SPONSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS, SHALL SPONSORS BE LIABLE FOR ANY DIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, HARM TO BUSINESS OR REPUTATION, DAMAGE TO PROPERTY AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, DAMAGES FOR BODILY OR PERSONAL INJURY, ARISING OUT OF ANY ATTENDEE’S OR VENDOR’S (I)PARTICIPATION IN THE PROMOTION,(II)INTERACTION OF ANY SORT WITH ANY WEBSITE OWNED, OPERATED, OR CONTROLLED BY SPONSORS, OR (III)ACCEPTANCE OR USAGE OF A PRIZE. LIMITATIONS, EXCLUSIONS, AND LIABILITY ARE SUBJECT TO ALL APPLICABLE FEDERAL, STATE, AND LOCAL LAWS AND REGULATIONS.
Suspension of Promotion. Sponsors reserve the right to suspend, modify, or cancel this Promotion at any time if, due to an event that is beyond the reasonable control of Sponsors, (i) the integrity of the Promotion is compromised, including but not limited to by any computer virus, tampering, unauthorized intervention, fraud, or technical failures; or (ii) Sponsors are reasonably prevented from complying with any of their responsibilities or obligations under these Terms & Conditions.
Disqualification. Sponsors reserve the right to disqualify any Selected Vendor or Selected Attendee who Sponsors determine, in their sole discretion: (i) has tampered with the Nomination process or the operation of the Promotion; (ii) was ineligible to participate in the Promotion; (iii) submitted more than the allowed number of Nominations; or(iv) otherwise acted in an unlawful manner and/or in violation of these Terms& Conditions. Any attempt to deliberately damage the Sponsor’s website or undermine the legitimate operation of the Promotion may be in violation of U.S. criminal and civil laws and will result in disqualification from the Promotion. Should such an attempt be made, Sponsors reserve the right to seek remedies and damages from any such Attendee or Vendor to the fullest extent permitted by law.
Privacy. By providing any personal information in the course of participating in the Promotion, each Attendee and Vendor agrees that Sponsors may, subject to applicable law, collect and use such personal information for the purposes of the Promotion, for Sponsors’ internal purposes, and for providing marketing and advertising activities to or for Attendee or Vendor.
Severability. If anyone or more provisions of these Terms & Conditions are held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity, illegality, or unenforceability shall not affect the validity, effect, or enforcement of any other provision(s) of these Terms & Conditions.
Governing Law; Jurisdiction; Venue. These Terms & Conditions shall be interpreted in accordance with the laws of the State of Texas without regard to its conflicts of laws provisions. Each participating Attendee and Vendor agrees that the state and federal courts located in the State of Texas shall have exclusive jurisdiction over any dispute arising from or relating to these Terms & Conditions, this Promotion, or the Attendee’s or Vendor’s participation in this Promotion, and consents to the personal jurisdiction and venue thereof.
