SUMO HEAVYWEIGHT AWARDS
OFFICIAL CONTEST RULES
1. These Contest Rules apply to all those participating in the SUMO Heavyweight Awards (the “Contest”), whether as a person or entity nominating a person to receive a prize (a “Nominator”), a person nominated to receive a prize (“Nominee”), or as a person selected to receive a prize (a “Winner”, and collectively with Nominators and Nominees, a “Contestant”). By participating in the Contest, Contestant agrees to be bound by these Contest Rules.
2. No purchase is necessary to enter or win a prize. Making a purchase will not increase Contestant’s chances of winning or having a Nominee selected as a Winner.
3. The Contest is sponsored by SUMO Heavy Industries, LLC (hereinafter “SUMO”), 1430 Walnut Street, Suite 200, Philadelphia, PA 19102.
4. The Contest is subject to all federal, state and local laws and regulations and is void where prohibited by law. Odds of winning depend on the number, nature and quality of the eligible entries received.
5. The Contest is only open to legal U.S. residents who are 18 years of age or older at the time of entry. Employees, officers and directors of SMO, and their respective parent, affiliate and subsidiary companies, consultants, agents and suppliers, (collectively, “Contest Entities”) as well as their respective immediate families and persons living in the same household as such individuals, are not eligible to enter or win. SUMO reserves the right to verify the eligibility of each potential winner.
6. The Contest begins on February 28, 2017 and ends on midnight on March 31, 2017 (the “Contest Period”).
7. To submit a Nominee for consideration, provide the information requested at https://SUMOheavy.typeform.com/to/wo6UIx. Upon submission of this information, the Nominee will be entered into the Contest. There is no limit to the number of Nominees that a Nominator may enter. Contestant will receive one entry for each valid email address that is delivered and opened. All entries become the exclusive property of SUMO. Receipt of entries will be acknowledged by a confirmation email sent to Contestant’s email by the forwarded email being opened by the recipient. SUMO has no obligation to advise a Nominator of an incomplete or otherwise non-compliant entry, but has the right to do so. SUMO is not responsible for lost, late, incomplete, invalid, or misdirected entries, which will be disqualified.
8. Seven (7) potential winners, each corresponding to one of the award categories described at http://info.SUMOheavy.com/awards2017/, will be selected and publicly announced on or about 10:00 am local time on Wednesday, April 12, 2017 from among all eligible entries received (“Selection”). The potential winners are subject to verification by SUMO. Selection will be conducted by SUMO at SUMO’s offices in Philadelphia, Pennsylvania in the Commonwealth of Pennsylvania. SUMO will attempt to contact the potential prize Winner by e-mail at the e-mail supplied by the Nominator on the Registration Form. If a potential Winner cannot be contacted by e-mail by close of business on the Thursday immediately following the Selection, that potential winner may be disqualified and an alternate winner selected. Each potential prize winner will be required to return an Affidavit of Eligibility, Publicity Release and Prize Acceptance (“Affidavit”). The Affidavit must be fully completed and returned to SUMO prior to receipt of a prize.
9. The prizes are as follows: Physical trophy. All taxes required to be paid upon acceptance of the prize (such as federal and state income tax) and any expenses not specifically mentioned as part of the prize (including, transportation to and from departure city, gratuities, meals, and incidental expenses) shall be the sole responsibility of the winner. The retail value of the prizes are less than $50. Except for the prize values, winners will not receive any additional monetary compensation or acknowledgment for participation in the Contest.
10. Prizes are non-transferable, except as permitted by SUMO. Prizes cannot be used in conjunction with any other promotion, Contest or offer. No substitution or cash equivalent of any prize is permitted; however, SUMO reserves the right to substitute prizes with another of equal or greater value. Winner is not entitled to the difference between the approximate retail value and the actual value of the any prize. SUMO is not responsible for any typographical or other errors in the offer or administration of the Contest, including, but not limited to, errors in the printing or posting of the offer or official rules, the selection and announcement of the winner, or the distribution of any prize. Any attempt to damage the content or operation of the Contest is unlawful and subject to legal action by SUMO or its agents. SUMO reserves the right to terminate, withdraw or amend the Contest or disqualify any entry for any reason and without notice. SUMO will not replace any lost or stolen prize items. By entering this Contest, entrants agree the Contest is governed by the laws of the Commonwealth of Pennsylvania, without giving effect to its conflicts of laws rules.
11. BY PARTICIPATING IN THE CONTEST, CONTESTANT AGREES TO INDEMNIFY, RELEASE AND HOLD HARMLESS THE CONTEST SUMO AND ENTITIES AND ALL THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS FROM ANY LIABILITY, DAMAGES, LOSSES OR INJURY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM CONTESTANT’S PARTICIPATION IN THE CONTEST AND THE ACCEPTANCE OF ANY PRIZE THAT MAY BE WON. SUMO OFFERS ALL PRIZES ON AN “AS-IS, WHERE IS” BASIS AND DISCLAIMS ALL WARRANTIES, ORAL, WRITTEN, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS OF PARTICULAR PURPOSE, WITH RESPECT TO THE PRIZES. SUMO SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO CONTESTANT FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL EXEMPLARY OR PUNITIVE LOSS OR DAMAGES, OR LOST PROFITS, WHATSOVER IN CONNECTION WITH CONTESTANT’S PARTICIPATION IN ANY CONTEST, OR ACCEPTANCE, USE AND/OR ENJOYMENT OF ANY PRIZE, REGARDLESS OF WHETHER SUMO WAS MADE AWARE OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES. EACH WINNER AGREES TO EXECUTE ANY DOCUMENT CONTAINING THE TERMS AND CONDITIONS OF THESE OFFICIAL RULES.
12. Contestant agrees that: (1) any and all disputes, claims, and causes of action arising out of, or connected with, this Contest or any prizes awarded, shall be resolved individually, without resort to any form of class action, and exclusively by arbitration before the American Arbitration Association, in Philadelphia, Pennsylvania, before a single arbitrator, (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs, and in no event attorneys' fees, disbursements or court costs; and (3) 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 for actual out-of-pocket costs.
13. By submitting a Nominee for Consideration, participating in the Contest, or by accepting a Prize, each Contestant grants SUMO and those acting under their authority permission to use his, her or its name, likeness, or comments for advertising and publicity purposes without payment of additional consideration, except where prohibited by law. Contestant acknowledges and agrees that each potential Winner may be announced and Contestant expressly consents to the use of his or her name for that purpose.
14. The list of Winners will be available after the Selections have been conducted and the Winners have executed the Affidavit.
15. SUMO has the right, but not the obligation, to require strict adherence to these Contest Rules in SUMO’s absolute discretion. Contestant agrees and acknowledges that SUMO’s decision to alter, or waive enforcement or application of all or any portion of these Contest Rules shall not give rise to any enforceable rights or claims for Contestant.
16. SUMO will select Winners at the sole and absolute discretion of SUMO, whose decision will be final. SUMO may in its absolute discretion and for any reason disqualify any Contestant from further participation in the Contest, and may re-award any prize to another Contestant, whether the reason relates to technical or other problems caused by any Contestant, other third party, or SUMO. Any Winner who is awarded a prize(s), and and who is subsequently deemed ineligible for that Contest, may be required, at SUMO’s discretion,, to forfeit, return, refund, or otherwise make restitution of the prize(s). SUMO may require a Winner to claim prizes in person (or by a nominated representative of the Winner and may require the Winner or Winner’s representative to provide some form of official photo identification (for example a driver’s license or passport).
17. The prize(s) must be claimed within thirty (30) days from the date of winning, unless otherwise agreed or specified by SUMO. All prize(s) not claimed for any reason within the time frame specified in the Contest Rules will be deemed to be forfeited or abandoned by the winner and will be re-determined.