WELD METALS ONLINE SWEEPSTAKES – OFFICIAL RULES
NO PURCHASE IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.
The Weld Metals Online Sweepstakes (the "Sweepstakes") is sponsored by The Fabrication Series, LLC, a Nevada limited liability company (the "Sponsor"). The Sweepstakes is in no way sponsored, administered, executed or produced by any advertiser of Sponsor or any manufacturer of any Weld Metals Sweepstakes prizes. The Sweepstakes shall be subject to these Official Rules. By entering, all entrants (“Entrants”) agree that they have read these Official Rules and will abide by and be bound by the terms and conditions herein.
ELIGIBILITY: The Sweepstakes is open only to legal residents of the United States over the age of eighteen (18) at the time of entry.
REGULATIONS: All applicable federal, Nevada, and local rules and regulations apply. Void outside the United States.
INDIVIDUAL WELD METALS SWEEPSTAKES. The Sweepstakes consists of individual "Weld Metals Sweepstakes" identified by a specific prize. For each Weld Metals Sweepstakes, there is an individual Sweepstakes with mutually exclusive entry pools and prizes. An entry in one Weld Metals Sweepstakes will not be eligible in any other Weld Metals Sweepstakes.
HOW TO ENTER AT THE ONLINE STORE: To enter via the Sponsor's online store at weldmetalsonline.com ("Online Store"), simply make a purchase while a particular Weld Metals Sweepstakes is accepting entries. Information concerning specific Weld Metals Sweepstakes will be posted to the Online Store. Eligible individuals who make an online purchase on the Online Store will receive one (1) Weld Metals Sweepstakes entry for five (5) dollars spent on purchases made each day. Sponsor's computer timeclock is the official timekeeper for all Sweepstakes matters. Additional requirements and instructions may be posted online, including on the Online Store. Individuals must follow all instructions and meet all requirements to receive the free Sweepstakes entries. Sponsor shall make the final, non-reviewable determination regarding the number of free Sweepstakes entries an individual will receive. The purchase of items from Sponsor’s online store is not consideration for entry into the Sweepstakes but a transaction in which a person receives fair value for payment in accordance with Nevada Revised Statutes 462.105(3)(a).
HOW TO ENTER VIA SOCIAL MEDIA. Sponsor may post a list of one or more social media pages to like/follow to receive free Weld Metals Sweepstakes entries. While a particular Weld Metals Sweepstakes is accepting entries, individuals may like/follow the posted social media page(s) and receive five (5) Weld Metals Sweepstakes entries for each page liked/followed. Individuals may only receive Sweepstakes entries one-time for each social media page. Additional requirements and instructions may be posted in conjunction with the listed social media pages. Individuals must follow all instructions and meet all requirements to receive the free Sweepstakes entries. Sponsor shall make the final, non-reviewable determination regarding the number of free Sweepstakes entries an individual will receive.
HOW TO ENTER BY VISITING DESIGNATED WEBSITES. Sponsor may post one or more website links to visit to receive free Weld Metals Sweepstakes entries. While a particular Weld Metals Sweepstakes is accepting entries, individuals may follow these website links and receive five (5) Weld Metals Sweepstakes entries. Individuals may only receive Sweepstakes entries one-time for following each link. Additional requirements and instructions may be posted in conjunction with the website links. Individuals must follow all instructions and meet all requirements to receive the free Sweepstakes entries. Sponsor shall make the final, non-reviewable determination regarding the number of free Sweepstakes entries an individual will receive.
HOW TO ENTER WITH REFERRALS. Sponsor may provide individuals referral codes to earn free Weld Metals Sweepstakes entries. For each person who signs up using a referral code, the individual whose code is used will receive fifteen (15) Weld Metals Sweepstakes entries. Individuals may not use their own referral code. Sweepstakes entries are only awarded for sign-ups from persons who have not previously signed up. Additional requirements and instructions may be posted or provided in conjunction with the referral codes. Individuals must follow all instructions and meet all requirements to receive the free Sweepstakes entries. Sponsor shall make the final, non-reviewable determination regarding the number of free Sweepstakes entries an individual will receive.
HOW TO ENTER WITH COUPON CODE. Sponsor may generate one or more coupon codes which may provide one or more free Sweepstakes entries. While a particular Weld Metals Sweepstakes is accepting entries, individuals may enter the coupon code to be provided one or more free Weld Metals Sweepstakes entries. Individuals may only use a particular coupon code one time. Additional requirements and instructions may be posted in conjunction with the coupon codes. Individuals must follow all instructions and meet all requirements to receive the free Sweepstakes entries. Sponsor shall make the final, non-reviewable determination regarding the number of free Sweepstakes entries an individual will receive.
MAIL-IN ENTRY OPTION: To enter without making a purchase at the Online Store you may enter by mail. To enter by mail, please print your full name, address, city, state/province and zip code, day and evening phone numbers, date of birth, email address, and the specific Weld Metals Sweepstakes you want to enter on a 3" x 5" postcard and mail it in a sealed envelope with proper postage to: The Fabrication Series, LLC, 3125 W. Ali Baba Ln. Ste. 707, Las Vegas, NV 89118; Attn: Weld Metals Sweepstakes. Limit one (1) free Sweepstakes entry per outer envelope. Sponsor will use the phone number provided with the mail-in entry for prize notification purposes. Mail-in entries will be assigned to the specific Weld Metals Sweepstakes specified so long as the entry is received on or before the last day that particular Weld Metals Sweepstakes is accepting entries. Late, incomplete, lost, postage due, garbled and illegible mail-in entries will be disqualified. Mail-in entries become the property of Sponsor and will not be acknowledged or returned.
LIMITATIONS ON ENTRIES: Any attempt by any Entrant to circumvent the entry process or otherwise obtain an artificially inflated number of entries will void that Entrant's entries and that Entrant may be disqualified. Use of any automated system to participate or subvert the entry process is prohibited and will result in disqualification and all associated entries may be voided. In the event of a dispute as to any entry, the authorized account holder of the email address used to enter will be deemed to be the Entrant and he/she must comply with these Official Rules. The "authorized account holder" is the natural person assigned an email address by an Internet access provider, online service provider, or other organization responsible for assigning email addresses for the domain associated with the submitted entry. Potential winners may be required to show proof of being the authorized account holder.
CHANGE IN ACCOUNT INFORMATION: It is the sole responsibility of the Entrant to notify Sponsor if there is a change in his/her phone number, email address or other account or contact information. To do so, either update your information using the Online Store or write to: Attn: Weld Metals Sweepstakes, 3125 W. Ali Baba Ln. Ste. 707, Las Vegas, NV 89118.
WINNER SELECTION: Unless otherwise specifically indicated in connection with promotions for a specific sweepstakes, each of the individual Weld Metals Sweepstakes will award the prizes specified by Sponsor. Sponsor may substitute prizes of a like value for individual Weld Metals Sweepstakes. Sponsor will randomly select the winner(s) from all eligible entries received for each Weld Metals Sweepstakes. The random selection of winner(s) will be conducted by Sponsor or its designee, whose decisions are and shall be final and binding in all matters relating to this Sweepstakes. Potential winners will be notified by the phone number provided in connection with their Online Store account or on their mail-in entry. Potential winners may be required to respond to this notification, as directed, and provide all the requested information, including tax identification, and completion of any required tax forms including IRS Form W9, within the time frame provided by Sponsor in the notification or the prize may be forfeited and an alternate potential winner may be selected at Sponsor's sole discretion by random drawing from among all remaining eligible entries received for the Weld Metals Sweepstakes in question. Limit one prize per person per individual Weld Metals Sweepstakes. Sponsor shall have no liability whatsoever for any use or misuse of the prizes.
FORFEITING OF PRIZE: A prize will be forfeited if a selected potential winner (i) cannot be reached by phone call; (ii) fails to respond as necessary to any prize notification with any requested information, including release or eligibility forms; (iii) cannot or will not accept or receive the prize for any reason; or (iv) has already reached the limit of one prize per Weld Metals Sweepstakes. Eligibility, age, and all claims made by a potential winner are subject to verification.
TAX LIABILITIES / EXPENSES: All Federal, state, and local tax liabilities are the responsibility of each individual winner. All costs and expenses not specified herein, related to the prize or incurred by accepting a prize, are the sole responsibility of each individual winner, including without limitation travel costs, meals, parking, and any other expenses incurred in use of the prize. The prizes are non-transferable and non-assignable, with no cash redemption or surrender value.
PUBLICITY: By entering the Sweepstakes, each Entrant irrevocably grants to Sponsor and its parent companies, subsidiaries, affiliates and advertising and promotion agencies, and the successors and assigns and licensees of each of the foregoing and all other companies involved in the Sweepstakes or the provision of any prize (collectively, the "Licensees") the right to use the Entrant's name, likeness (including photographs and videos of the Entrant), voice, biographical information and/or statements attributed to the Entrant (collectively, "Personality Rights"), in perpetuity, throughout the world, in all media and formats whether now or later known or developed, including without limitation via Sponsor's and third-party websites and social media and digital channels, for commercial purposes and any other purposes (including without limitation advertising and promotion), without further notice or compensation, unless prohibited by law.
ODDS: The odds of winning an individual sweepstakes depend on total number of eligible entries received for an individual Weld Metals Sweepstakes.
INTERPRETATION OF RULES: The Sweepstakes is subject to these complete Official Rules. By participating, Entrants agree: (i) to be bound by these complete Official Rules; and (ii) to waive any right to claim ambiguity in the Sweepstakes or these Official Rules. All decisions made by Sponsor are final in all matters relating to Sweepstakes these Official Rules and cannot be appealed.
DISQUALIFICATION: Sponsor reserves the right to disqualify any Entrant it finds to be tampering with the entry process or the operation of the Sweepstakes or violating or attempting to violate these Official Rules. Sponsor may prohibit you from participating in the Sweepstakes or winning a prize if, in its sole discretion, it determines you are attempting to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception, or any other unfair playing practices of intending to annoy, abuse, threaten or harass any other Entrants, Sponsor, or any other individual or entity.
ASSUMPTION OF THE RISK: Certain prizes offered may include industrial fabrication equipment, machines, tools, and other items which are inherently dangerous to use. If you choose to use a prize, you acknowledge and agree that use of the prize carries inherent dangers and risks, including accidents, bodily injury, and death. By participating in a Weld Metals Sweepstakes, you acknowledge and agree that you are aware of the possible risks, dangers, and hazards associated with the offered prizes, including the risk of severe or fatal injury to yourself or others. These risks include, but are not limited to, the following: (a) risks associates with assembling and using or misusing the prizes; (b) risks associated with product defects in the prizes; (c) the possibility of bodily injury of any kind. In return for your voluntary participation in a Weld Metals Sweepstakes, you agree to assume and accept all risks and to be solely responsible for any injury, social and economic loss, cost or damage which you might sustain while participating in a Weld Metals Sweepstakes or using any prize awarded from a Weld Metals Sweepstakes.
RELEASE OF LIABILITY: By participating in the Sweepstakes and/or accepting a prize, Entrants agree to release, discharge and hold harmless Sponsor, and its respective parents, subsidiaries and affiliated entities, and each of their respective direct and indirect subsidiaries and affiliates, and each of their respective directors, employees, officers, franchisees, licensees, licensors and agents, advertising and promotion entities, prize suppliers, fulfillment agencies and any person or entity associated with the production or administration of the Sweepstakes or the awarding of prizes (collectively, the "Released Parties") from and against any and all claims, actions, demands, liabilities, losses or damages of any kind whatsoever (including, without limitation, bodily injury, personal injury, death, disability and property damage), costs and expenses (including, without limitation, reasonable attorneys' fees, court costs, settlement and disbursements) directly or indirectly arising from or in connection with their participation in the Sweepstakes and/or the redemption, awarding, receipt and/or use or misuse, loss or misdirection of prize or any portion of a prize and participation in any prize-related activities and hereby waive all rights to claim punitive, incidental and consequential damages.
Entrants acknowledge that they are familiar with the provisions of Section 1542 of the California Civil Code, which provides as follows:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
Being aware of said Code section, the Entrants and all parties expressly waive and relinquish any rights or benefits they may have under Section 1542, to the extent applicable, as well as under any other state or federal statutes or common law principles of similar effect, concerning the rights waived pursuant to these Official Rules.
LIMITATION OF LIABILITY: The Released Parties shall not be liable for (i) late, lost, delayed, stolen, misdirected, incomplete, unreadable, inaccurate, garbled or unintelligible entries, communications or affidavits, regardless of the method of transmission; (ii) telephone system, telephone or computer hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors; (iii) data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials; or (iv) any printing, human, typographical, administrative or technological errors in any materials associated with the Sweepstakes or the awarding of prizes; and (v) damage to any computer system or mobile device resulting from participating in, accessing or downloading the Online Store or information in connection with this Sweepstakes.
DISCLAIMER OF WARRANTIES. SPONSOR IS PROVIDING THE SWEEPSTAKES ON AN "AS IS" AND "AS AVAILABLE" BASIS. SPONSOR DOES NOT REPRESENT OR WARRANT THAT THE SWEEPSTAKES OR THE TECHNOLOGY USED TO PROVIDE IT: (I) WILL BE UNINTERRUPTED OR SECURE, (II) WILL BE FREE OF DEFECTS, INACCURACIES OR ERRORS, OR (III) WILL MEET YOUR REQUIREMENTS OR ENABLE YOU TO PARTICIPATE IN IT. SPONSOR MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE RULES, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.
GOVERNING LAW: Issues concerning the Sweepstakes, any Weld Metals Sweepstakes, or the construction, validity, interpretation and enforceability of these Official Rules shall be governed by the laws of the State of Nevada, without regard to its conflict of laws rules. Clark County, Nevada shall be the exclusive venue for any controversy or claim arising out of or relating to the Sweepstakes, any Weld Metals Sweepstakes, and these Official Rules. Should there be a conflict between the laws of the State of Nevada and any other laws, the conflict will be resolved in favor of the laws of the State of Nevada.
WAIVERS, DISCLAIMERS, RELEASES, INDEMNITY: BY ENTERING THE SWEEPSTAKES, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS, AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS (US$10.00), BUT IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES, LOST PROFITS, AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT-OF-POCKET EXPENSES NOT TO EXCEED TEN DOLLARS (US$10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANTS' REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU. EACH PARTICIPANT AGREES (I) TO ABIDE BY THE TERMS OF THESE OFFICIAL RULES AND THE DECISIONS OF THE SWEEPSTAKES ENTITIES WHICH ARE FINAL AND BINDING ON ALL MATTERS RELATING TO THIS SWEEPSTAKES, AND (II) TO RELEASE, DISCHARGE, INDEMNIFY AND HOLD HARMLESS THE RELEASED PARTIES FROM ANY AND ALL CLAIMS OR LIABILITY IN CONNECTION WITH PARTICIPATION IN THIS SWEEPSTAKES OR ACCEPTANCE OR USE OF ANY PRIZE INCLUDING, WITHOUT LIMITATION, ANY ACTIVITY RELATED THERETO.