COLMET PATENTED STEEL PLANTER LIVESTREAM SWEEPSTAKES
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT IMPROVE CHANCES OF WINNING.
THIS SWEEPSTAKES IS INTENDED FOR PLAY IN THE UNITED STATES ONLY AND WILL BE GOVERNED BY U.S. LAW. DO NOT ENTER IF YOU ARE NOT ELIGIBLE AND/OR NOT LOCATED IN THE UNITED STATES AT TIME OF ENTRY. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
- The Sweepstakes. The Colmet Livestream Sweepstakes is subject to these Official Rules and to all applicable federal, state, and local laws. Void in Puerto Rico, United States possessions and territories, and where prohibited or restricted by law.
- Sponsor. This Sweepstakes is sponsored by Colmet LLC, 3333 Miller Park South, Garland, TX 75042.
- Eligibility. This Sweepstakes is open to legal residents of the 50 United States and the District of Columbia who are 18 years of age or older as of the time of entry. Employees of Sponsor and its respective affiliates, parent companies, and subsidiaries, as well as prize providers and advertising and promotion agencies (collectively, the “Sweepstakes Entities”), together with the immediate families (spouses, parents, siblings, and children) and those persons living in the same household as such employees (whether or not related), are not eligible to enter or win.
- Entry Period. The Sweepstakes will begin at December 10, 2022 and end on December 10, 2022, at 7:30pm (“Entry Period”). Sponsor’s (or Sponsor’s designated representative’s) computer is the official timekeeper for the Sweepstakes.
- How to Enter. To enter, (1) visit https://instantwin.games/colmet/ directly to access the Sweepstakes entry form; (2) complete the entry form by providing all required information; and (3) submit the Sweepstakes entry form during the Entry Period.
During the Entry Period, a link to the Sweepstakes entry form will be posted on the following social media channels: https://www.facebook.com/colmetsteel and https://www.instagram. com/colmetsteel and https://www.youtube.com/@Colmet.To enter, click the link posted on either social media channel or and follow the instructions.
Entrants may be given the opportunity to opt-in to receive commercial emails from Sweepstakes Entities during the entry process but are not required to do so. Opting in to receiving emails from Sponsor and/or Sweepstakes Entities will not increase an entrant’s chance of winning and is not required to enter or win the Sweepstakes.
- Limit one (1) entry per person. All entries become the property of Sponsor and will not be returned to entrant. Automated and/or repetitive electronic submission of entries (including but not limited to entries made using any script, macro, bot, or sweepstakes service) will be disqualified and transmissions from these or related email or IP addresses may be blocked. Use of multiple email accounts to enter will result in disqualification. All entries must be received and recorded during the Entry Period to be eligible for the drawing. Proof of entry submission is not proof of receipt by Sponsor.
- Identity Disputes. In the event of a dispute over the identity of an entrant, the authorized account holder of the email address used in the Sweepstakes entry form will be deemed to be the entrant. The authorized account holder of an email address shall mean the natural person assigned to such account by the Internet access provider, online service provider, or other organization responsible for assigning email addresses for the domain associated with such account. The potential winner may be required to provide identification sufficient to show that s/he is the authorized account holder of such email address.
- Prize. There is one prize, consisting of one (1) customized Colmet DIY Planter. Winner will receive instructions from Sponsor on how to select the finish, base size, height, and box design of the Prize. Certain features may be subject to availability and/or may result in delay of prize delivery if not available at the time of selection. The approximate retail value (“ARV”) of the Prize varies based on winner selections. ARV for the Prize ranges from $198.79 to $899.52. Total ARV for the Sweepstakes will not exceed $899.52.
- Odds. Odds of winning depend on the number of eligible entries received.
- Winner Selection and Notification. One winner will be selected by random drawing from all eligible entries received at approximately 7:25 p.m. on December 10, 2022 and announced via livestream at https://colmet.com/blog/win-the-future-in-landscaping/.
Sponsor will notify the potential winner via email or telephone in its sole discretion. If a potential winner does not respond within three days that potential winner will be disqualified and an alternate potential winner will be selected from the remaining eligible entries. If the potential winner is found to be ineligible, does not, or cannot comply with these Official Rules, or if the prize notification is returned as undeliverable, the potential winner will be disqualified and an alternate potential winner will be selected and notified via telephone or email in Sponsor’s sole discretion. If Sponsor is unable to successfully notify a qualified potential winner after Sponsor has attempted to notify five (5) potential winners, Sponsor may elect not to award a prize for the Sweepstakes.
- Winner Verification. Each potential winner is subject to verification, including verification of residence. Each potential winner may be required to complete, sign, and return to Sponsor an affidavit of eligibility and liability release and, except where prohibited by law, a publicity release within the time period designated by Sponsor. If a potential winner fails to do so, that potential winner will be disqualified and the prize will be forfeited.
Please note that no entrant is a winner of a prize unless and until such entrant’s eligibility has been verified and Sponsor has confirmed such verification to the winner, even if that entrant’s name has been publicly posted as a winner prior to completion of the verification process.
- Winner’s List. For a list of winners (available 30 days after the end of the Promotion Period), please send a self-addressed, stamped envelope to: Colmet LLC, Attn: COLMET PATENTED STEEL PLANTER LIVESTREAM SWEEPSTAKES, 3333 Miller Park South, Garland, TX 75042. All requests must be received no later than 90 days after the end of the Promotion Period.
- Unless otherwise specified, the following terms, conditions, and/or restrictions generally apply to Sweepstakes participation and/or prize(s):
- THIS SWEEPSTAKES IS SUBJECT TO ALL APPLICABLE FEDERAL, STATE, MUNICIPAL AND LOCAL LAWS AND REGULATIONS.
- Sponsor has not made and is not responsible for, and hereby disclaims, any representation, warranty, or guaranty, express or implied, in fact or in law, relative to the prize.
- Participation. To the maximum extent permitted by law, by participating in the Sweepstakes, each entrant agrees for entrant and for entrant’s heirs, executors, and administrators to release, indemnify, defend, and hold (a) the Sweepstakes Entities and their respective officers, directors, employees, and representatives and (b) Social Media Entities and their respective officers, directors, employees, and representatives, if applicable, harmless from any and all losses, damages, rights, claims, and actions of any kind in connection with the Sweepstakes. By participating in this Sweepstakes, each entrant agrees to abide by and be bound by these Official Rules, and to waive any right to claim any ambiguity or error herein or in the Sweepstakes itself, and to be bound by all actions of the Sponsor and/or Sponsor’s representative, whose decisions are binding and final on all matters related to this Sweepstakes.
Sponsor assumes no responsibility or liability for (a) any incorrect, incomplete, or inaccurate registration or entry information, or for any faulty, failed, garbled, or jumbled electronic data transmissions; (b) any unauthorized access to, or theft, destruction, or alteration of entries at any point in the operation of this Sweepstakes; (c) any technical malfunction, failure, error, omission, interruption, deletion, defect, delay in operation or communications line failure, regardless of cause, with regard to any equipment, systems, networks, lines, satellites, servers, computers, or providers utilized in any aspect of the operation of the Sweepstakes, including but not limited to the livestream on December 10, 2022; (d) inaccessibility or unavailability of the Internet in general; (e) any injury or damage to participant’s or to any other person’s computer or mobile device which may be related to or result from any attempt to participate in the Sweepstakes; or (f) incomplete, lost, or late entries.
- Prize Acceptance. Unless prohibited by law, by accepting any prize, winner grants to Sponsor the right to use her/his name, likeness, hometown, and biographical information for any lawful purpose (including but not limited to advertising and promotion), in perpetuity, in any media now known or hereafter developed, without further permission or compensation. By accepting any prize, winner agrees for herself/himself and for her/his heirs, executors, and administrators to release, hold harmless, indemnify, and defend the Sweepstakes Entities, and Social Media Entities if applicable, and their respective officers, directors, employees, and representatives from any and all liability for any loss, harm, damages, costs, or expenses, including without limitation property damages, personal injury, and/or death, arising out of participating in this Sweepstakes, or the acceptance, possession, use, or misuse of any prize, or while preparing for, participating in, and/or traveling to or from any prize-related activity and claims based on rights of publicity, rights of privacy, defamation, or prize delivery.
As a condition of receiving the prize, if applicable, the potential winner and winner’s guest may be required to complete, sign, and return to Sponsor an affidavit of eligibility and/or liability release and, except where prohibited by law, a publicity release within the time period designated by Sponsor, if Sponsor so requests and in the form Sponsor requests, in Sponsor’s sole discretion. If a potential winner (or guest) fails to do so, or is found to be ineligible, that potential winner will be disqualified (or in the case of a guest, disqualified from participating in or receiving any portion of the prize). Prize will be shipped to the winner at Sponsor’s expense to the address provided by winner.
The prize will be considered compensation to the winners. All applicable taxes associated with and applicable to receipt or use of the prize (if any) are the sole responsibility of winner. Sponsor will file an IRS Form 1099 for the value of any prize valued at $600 or greater. The winner of any such prize will be required to furnish her or his social security number for purposes of same. Please note that there is no cash award associated with any prize. Prize is non-transferable; no substitutions or exchanges by winner permitted. Sponsor reserves the right, in its sole discretion, to substitute one or more elements of a prize for a prize of equal or greater value. Prize may not be redeemed for cash value.
- Modification, Cancellation, or Suspension of Sweepstakes. Sponsor reserves the right, in its sole discretion, to modify, cancel, or suspend this Sweepstakes (or any portion of the Sweepstakes) should any cause or problem corrupt or inhibit the administration, fairness, security, or proper operation of the Sweepstakes and, in such situation, to select the winner in such manner as deemed fair and appropriate by Sponsor. If, in the Sponsor’s reasonable opinion, there is any suspected or actual evidence of tampering with any portion of the Sweepstakes, or if technical difficulties compromise the integrity of the Sweepstakes, Sponsor reserves the right to void suspect entries and/or terminate the Sweepstakes (or any portion of the Sweepstakes) and select a winner using all known eligible non-suspect entries received as of the date of termination. Sponsor may prohibit entrant from participating in the Sweepstakes or winning a prize if, in its sole discretion, it determines entrant is attempting to undermine the legitimate operation of the Sweepstakes by cheating, deception, or other unfair practices or intending to annoy, abuse, threaten, or harass any other entrant or Sponsor’s representatives. Any attempt by an entrant to deliberately undermine the legitimate operation of the Sweepstakes is a violation of criminal and civil laws, and should such an attempt be made, Sponsor reserves the right to seek damages from any such entrant to the fullest extent permitted by law. Sponsor is not responsible for typographic or printer’s errors. In no event will more than the number of prizes stated in these Official Rules be awarded.
- Waiver. BY PARTICIPATING IN THIS SWEEPSTAKES, ENTRANTS AGREE 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 PRIZES OR OFFERS AWARDED, SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED, INCLUDING COSTS ASSOCIATED WITH ENTERING THE SWEEPSTAKES, BUT IN NO EVENT WILL ATTORNEY’S FEES BE AWARDED OR RECOVERABLE; AND (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 OR CONSEQUENTIAL DAMAGES AND/OR ANY OTHER DAMAGES (OTHER THAN ACTUAL OUT-OF-POCKET EXPENSES) AND/OR ANY AND ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE FOREGOING MAY NOT APPLY TO EVERY ENTRANT.
By entering this Sweepstakes, you understand and agree that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived. You understand and acknowledge that Section 1542 states: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” By participating in this Sweepstakes, entrant expressly waives and relinquishes all rights and benefits under that section and any law of any jurisdiction of similar effect with respect to her or his release of any claims he or she may have against Sponsor as a result of participation in the Sweepstakes or acceptance of a Prize.
- Internet and Mobile Phone Use. Please note that any normal Internet access and usage charges imposed by your Internet service provider will apply. If you use a mobile device to access the Sweepstakes entry form, your wireless service carrier’s standard charges, data rates, and other fees may apply. You understand that by participating in this Sweepstakes via mobile phone, if you are a potential winner, the Sponsor may contact you via mobile phone, which may be subject to charges pursuant to your carrier’s rate plan.
- Governing Law. This sweepstakes shall be governed by the laws of the State of Texas, without regard to conflicts of law provisions. Venue for any actions hereunder shall be in the appropriate state or federal court located in Dallas, Texas.
- Consumer Rights. Nothing in these official rules affects, restricts, limits, or excludes any statutory rights of a consumer.