To be eligible to win any Prize in the McNICHOLS Welder’s Month Giveaway (the “Sweepstakes”), Entrant must be a natural person who is a legal resident of one of the 50 United States or the District of Columbia and at least 18 years of age. If Entrant is a minor, as defined by the jurisdiction of Entrant’s primary residence, Entrant’s parent or legal guardian must grant permission for Entrant to participate in the Sweepstakes. NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. Product purchases or other interactions with McNICHOLS CO. (“McNICHOLS”) will not increase Entrant’s chance of winning. VOID WHEREVER PROHIBITED BY LAW. See below for more details regarding eligibility restrictions. McNICHOLS reserves the right to verify eligibility of any entrant.
Executives, officers, and employees of McNICHOLS or suppliers of McNICHOLS, persons working on the Sweepstakes at any level in any capacity or working for McNICHOLS or any outside companies or agencies involved in the Sweepstakes, previous winners, and immediate family members of anyone who falls into any of the foregoing categories are not eligible. Immediate family is defined as spouse, children, and parents.
Entrants may enter the Sweepstakes online only. Entrant may enter by completing the online giveaway form on mcnichols.com/giveaway. LIMIT ON ENTRIES: Limit of one (1) entry per person. Each entry has the same chance of winning.
McNICHOLS will accept Entries beginning at 12:00 PM ET on April 1, 2023, through 11:59 PM ET on April 31, 2023 (“Entry Period”). McNICHOLS must receive Entrant’s Sweepstakes entry during the Entry Period for the Entrant’s entry to be eligible to win. Whether an entry is received by McNICHOLS during the Entry Period shall be determined by McNICHOLS in its sole discretion.
There will be one (1) prize winner. No other prizes will be awarded. The prize is a branded JBL Flip 5 Portable Waterproof Speaker, branded 24 oz YETI RAMBLER® Travel Mug, branded cotton beach towel, branded Leed’s cooler bag, and branded New Era 9FORTY Adjustable Cap (the “Prize”). Color, styling and branding of the Prize may vary and will be dependent on availability at time of winner selection. The Prize has an approximate retail value of $250.00. The Prize is not exchangeable, transferrable, or redeemable for cash, and no substitutions are permitted except as specified by McNICHOLS or as expressly set forth in these Rules.
At the conclusion of the Entry Period, McNICHOLS will randomly draw one (1) entry from the entries received during the Entry Period. The Entrant whose name is on the first entry randomly drawn from the eligible entries received during the Entry Period will be the “Potential Winner” of the Prize. Odds of winning will depend upon the number of eligible entries received during the Entry Period. If the Potential Winner is disqualified or does not claim the Prize, or if the Prize is forfeited, McNICHOLS may, but is not required to, draw an alternate Potential Winner. The random drawing shall take place as soon as practicable after the close of the Entry Period. Decisions of the judges are final and binding.
Unless otherwise stated herein or prohibited by law, a McNICHOLS team member will contact the Potential Winner by phone. If the Potential Winner fails to answer any Prize notification telephone call, if the Potential Winner is unavailable, if the Potential Winner is disqualified or otherwise determined to be ineligible or declines to accept the Prize for any reason, if a Prize is returned to McNICHOLS, or if the Potential Winner otherwise refuses or fails to comply with the “Winner's Obligations” listed below, the Potential Winner forfeits the Prize, and McNICHOLS may select an alternate Potential Winner from the remaining eligible entries received.
The Potential Winner may be required to execute and return to McNICHOLS an affidavit of eligibility, a McNICHOLS liability release, and any appropriate and applicable IRS forms. If the Potential Winner is under the legal age of majority in his or her jurisdiction, the Potential Winner also must provide written parental consent and release before receipt, payment and/or distribution of the Prize. The Potential Winner shall satisfy all the foregoing obligations within seven (7) business days of McNICHOLS giving the Potential Winner notice of being the Potential Winner, and furthermore, shall be available as provided and described in section 7 above. Failure or refusal to comply with these obligations shall result in the Potential Winner being disqualified and forfeiting the Prize.
Multiple automated entries, entries submitted by others on Entrant’s behalf, or entries submitted by Entrant using different identities or addresses will be considered fraudulent, rendering Entrant ineligible for the Prize. Incomplete entries will not be eligible to win.
McNICHOLS is not responsible for lost, late, or misdirected entries or for any computer, online, telephone, or technical malfunctions that may occur. All entries become McNICHOLS’s property and will not be returned. Neither product purchases nor email or mobile opt-ins will increase Entrant’s chances of winning.
All taxes, including but not limited to federal, state, municipal, and local taxes and all other expenses not specified herein, are Winner's sole responsibility. McNICHOLS is not responsible for any tax implications of the acceptance of the Prize and makes no representations regarding the tax implications of accepting the Prize. Pursuant to IRS Circular 230, neither these Rules nor any other communication regarding the Sweepstakes is for the purpose of helping an Entrant or Winner avoid any penalties that may be imposed by federal tax law, and no affected taxpayer may use the Sweepstakes or its Rules in that manner.
By entering the Sweepstakes, Entrant agrees to abide by the terms of these official Rules and by the decisions McNICHOLS makes regarding the Sweepstakes, which decisions are final and binding on all matters. Any person refusing to agree with these terms shall not enter the Sweepstakes and is ineligible to win. Also, by entering the Sweepstakes, an Entrant who becomes the Winner of the Prize grants McNICHOLS the right to use and publish his or her name, likeness, and city and state of residence without McNICHOLS being obligated to pay or give Entrant any compensation for such use and publication, which may be made online, in print, via email, and via any other media in connection with the Sweepstakes, but not as an endorsement of any business or service.
Winners will be announced on or before May 31, 2023. A McNICHOLS team member will contact the Potential Winner via a telephone call to the contact information the Potential Winner provided on his or her entry.
Entrant agrees that (a) any and all disputes, claims, and causes of action arising out of, or connected with, the Sweepstakes or any Prize shall be resolved individually, without resort to any form of class action, and shall be resolved exclusively in accord with the provisions set forth in paragraph 17 below; (b) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering, but in no event attorney's fees; and (c) under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim, punitive, incidental, and consequential damages and any other damages, other than out-of-pocket expenses, and any and all rights to have damages increased or multiplied. SOME JURISDICTIONS PROHIBIT EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO PORTIONS OF THE ABOVE MAY NOT APPLY. All issues or questions concerning validity, construction, interpretation, or enforceability of these Rules, Entrant's rights or obligations, or the rights or obligations of McNICHOLS, shall be governed by, and construed in accordance with, the laws of the state of Florida, without regard to any choice of law Rules. McNICHOLS has not made any warranty, representation, or guarantee, expressed or implied, in fact or in law, in connection with the Sweepstakes or the Prize. To the extent permitted by applicable law, the Prize is awarded “AS IS” and WITHOUT WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY warranty of merchantability, TITLE, NONINFRINGEMENT or fitness for a particular purpose. All decisions by McNICHOLS regarding the Prize winner, the Prize, the Sweepstakes, or these Rules are binding on all entrants. In the event of a printing or production-related error, neither McNICHOLS, nor its advertising/promotion agencies, participating retailers, distributors, their respective agents, or suppliers shall have any liability.
McNICHOLS reserves the right, at its sole discretion, to disqualify anyone who tampers with the entry process, and to cancel, terminate, modify, or suspend the Sweepstakes if anything required for conducting the Sweepstakes malfunctions or is deemed illegal.
The Sweepstakes shall be governed by, and construed in accordance with, the laws of the state of Florida, without giving effect to any choice of law or conflict of laws rules, whether of the state of Florida or any other jurisdiction, which would cause the application of the laws of any jurisdiction other than the state of Florida. Void where prohibited for any reason. All disputes resulting in legal action shall be resolved in the appropriate court in Tampa, Florida. Should McNICHOLS find it necessary to seek legal assistance to enforce its rights, its damages, if any, shall include its reasonable legal expenses and fees, including reasonable attorney fees.
By entering, Entrant agrees that McNICHOLS and its subsidiaries and affiliates and their respective officers, directors, employees, representatives, and agents (collectively "Released Parties") will have no liability whatsoever, and Entrants shall release and hold Released Parties harmless for any injuries, claims, losses, or damages of any kind to persons, including death, or property resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse, or use of any Prize or participation in this Sweepstakes or participation in any Sweepstakes-related activity, or Entrant’s failure to comply with the Official Rules. The Released Parties shall not be liable to any Winner, Potential Winner, or any other person for failure to supply any Prize(s) or any part thereof, by reason of any acts of God, any action(s), regulation(s), order(s), or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulation(s), order(s), or request(s) prove(s) to be invalid), equipment failure, terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, epidemic, pandemic, or any other cause beyond the Released Parties’ control. The Released Parties are not responsible for illegible, lost, late, damaged, incomplete, misdirected, or stolen entries or for typographical or other errors in the offer or administration of this Sweepstakes, including but not limited to errors in advertising, Official Rules, selection and announcement of the Winners, distribution of Prizes, or for lost, interrupted, or unavailable network, server, satellite, Internet Service Provider (ISP), website or other connections, availability or accessibility, or for miscommunications, failed computer, telephone or cable transmissions, lines, or technical failure, or jumbled, corrupted, scrambled, delayed, or misdirected transmissions, computer hardware or software malfunctions, failures, or difficulties, or for any other errors of any kind, whether human, mechanical, electronic, technical, or network, or for the incorrect or inaccurate capture of entry or other information or the failure to capture any such information, or for any misdirection or delay of any email to be received on account of technical problems or traffic congestion on the Internet, McNICHOLS’s website, McNICHOLS’s application, or any combination thereof, including any injury or damage to Entrant’s or any other person’s computer related to or resulting from participation in or downloading or uploading any materials in connection with the Sweepstakes, or for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Sweepstakes, or for any personal injury, death, or damage to or loss of property, arising out of receipt or use or misuse of any Prize produced and/or manufactured by a Prize.
To learn who won, send a self-addressed, stamped envelope to McNICHOLS CO., Attn. Marketing Department, 2502 North Rocky Point Drive, Suite 750 Tampa, FL 33607. Requests received later than thirty (30) days following the drawing date will not be filled.
The Sweepstakes and these Rules are Copyright © 2023 McNICHOLS CO. and all rights are reserved. All rights to any trademarks and trade names referenced here or in connection with the Sweepstakes are the sole and exclusive property of their respective owners, and are likewise reserved.