Scratch Switch and Win Rules
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO PARTICIPATE OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. OPEN ONLY TO IRRIGATION CONTRACTORS WHO ARE LEGAL RESIDENTS OF AND CURRENTLY RESIDING WITHIN THE 50 UNITED STATES OR THE DISTRICT OF COLUMBIA (“D.C.”) WHO ARE 18 YEARS OF AGE OR OLDER AS OF THE DATE OF PARTICIPATION. VOID OUTSIDE THE 50 UNITED STATES AND D.C. AND WHEREVER PROHIBITED.
1. GAME PERIOD: The K-Rain Scratch Switch & Win Game (“Game”) will begin on or about 12:00:01 a.m. Eastern Time (“ET”) on July 1, 2019 and is scheduled to end at 11:59:59 p.m. ET on July 31, 2019 (“Game Period”) or when the number of available game plays is exhausted, whichever occurs first. There is a maximum of 7,200 game plays available during the Game Period.
2. ELIGIBILITY: Game is open to irrigation contractors who are legal residents of and currently residing within the 50 United States and D.C., who are eighteen (18) years of age or older as of the date of participation. This Game is not open to the general public. Employees of K-Rain Manufacturing (“Sponsor”), Promotion Activators Management, LLC (“Administrator”), their respective parent companies, affiliates, subsidiaries, distributors (i.e. resellers of K-Rain products), agents, suppliers, and their advertising, promotion, and judging agencies, and any entity involved in the development, production, distribution of materials for and implementation of the Game (collectively “Released Parties”), and members of their immediate family (defined for these purposes as parents, children, siblings, step-parents, step-children, step-siblings, and their respective spouses) or persons living in the same household (whether related or not) of such employees are not eligible to play or win. Void outside the 50 United States and D.C., and where prohibited.
3. HOW TO PLAY THE GAME: Beginning 12:00:01 a.m. ET on July 1, 2019 through 11:59:59 p.m. ET on July 31, 2019, go to www.scratchswitchandwin.com (“Website”) and follow the on-screen instructions to register and play the Game. If after playing the Game, you receive an on-screen message that states “Congratulations! You have won $500 cash” or “Congratulations! You have won $10 cash” or something similar, you are the potential winner of the prize described, subject to verification and compliance with these Official Rules. An email will be sent with redemption instructions that the potential winner must follow to claim the prize. If you receive a message that states: “Sorry. You are not a winner,” or something similar, you are not a winner. POTENTIAL WINNING PLAYS ARE SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING. A "SCREEN SHOT" IS NOT PROOF OR EVIDENCE OF A WINNING GAME PLAY AND/OR PRIZE. ENTRANT IS NOT A WINNER OF ANY PRIZE, EVEN IF THE INSTANT WIN SHOULD SO INDICATE, UNLESS AND UNTIL SAID ENTRANT'S ELIGIBILITY AND THE POTENTIAL WINNING PLAY HAS BEEN VERIFIED AND SAID ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE. SPONSOR WILL NOT ACCEPT SCREEN SHOTS OR OTHER EVIDENCE OF WINNING IN LIEU OF ITS VALIDATION PROCESS. ANY PLAY THAT OCCURS AFTER THE SYSTEM HAS FAILED FOR ANY REASON IS DEEMED A DEFECTIVE PLAY, IS VOID, AND WILL NOT BE HONORED. Limit one (1) Game play per person/email. Game plays received from any person or email address that exceed the stated limitation will be void.
4. PRIZE VERIFICATION: If, due to a programming, computer, or other error, the number of prize claims received exceeds the intended number of prizes (as stated herein), such prizes will be awarded in a random drawing from among all such prize claims received. In no event will Sponsor be liable for more than the number of prizes stated herein, nor will Sponsor be liable for any prize claims from those who do not meet the eligibility requirements set forth herein. Non-winning submissions will not be acknowledged. Sponsor and its agencies are not responsible for lost, late, damaged, illegible, misdirected, or incomplete prize claims. All properly claimed prizes will be awarded. Any prizes that are not claimed in accordance with these Official Rules will not be awarded.
5. PRIZES AND ODDS: One (1) Grand Prize will be available to be won: Grand Prize winner will receive $500 cash awarded in the form of a check payable to the winner. Odds of winning: 1 in 7,200. Two Hundred (200) First Prizes will be available to be won: Each First Prize winner will receive $10 cash awarded in the form of a check payable to the winner. Odds of winning: 1 in 36. Total value of all prizes: $2,500. Limit one (1) prize per person or household for the entire Game. No substitution or transfer of prize permitted by winner. Unclaimed or forfeited prizes will not be awarded. All taxes resulting from acceptance of a prize are the responsibility of winner. No substitution or transfer of prize is permitted. Any expenses not specifically stated herein, including but not limited to taxes (including federal, state, and local income taxes), other costs, and other expenses relating to Game and the use or acceptance of a prize are the sole responsibility of the winner. All prize details not specified herein shall be determined by Sponsor in its sole discretion.
6. WINNER NOTIFICATION/VERIFICATION: Potential Grand Prize winner will be notified by email and will be required to execute and return an affidavit of eligibility and liability/publicity release (where permitted) within five (5) days of the date the email notification is sent. Failure to return the completed affidavit of eligibility and liability/publicity release (where permitted) within the time period stated above may result in disqualification, in Sponsor’s sole discretion. If any prize or prize notification is returned as undeliverable, Administrator is unable to contact a potential winner, or a potential winner is not in compliance with these Official Rules, prize will be forfeited and Sponsor will have no further obligation to the potential winner. Sponsor is not responsible for changes of email address or other communication problems. Prize winners will be issued their prize to the mailing address provided at time of entry within approximate 2-4 weeks of the end of the Game Period.
7. GENERAL: By participating, entrants (a) agree to abide and be bound by these Official Rules and the decisions of Sponsor and Administrator, which are final and binding in all matters; (b) consent to the use by Sponsor and its designees of their names, cities and states of residence, and prize information for advertising, trade and promotional purposes in any and all media now or hereafter known throughout the world in perpetuity without additional compensation, notification or permission, unless prohibited by law; and (c) to release, discharge and hold harmless Released Parties, and their respective parents, affiliates, subsidiaries, retailers, distributors, suppliers, advertising and promotional agencies, and any other individuals engaged in any way in the development, production, printing, distribution or execution of this Game, and the respective directors, officers, agents and employees of the foregoing from any liability, claims, losses and damages of any kind, including death, to persons or property, arising out of, or relating to, their participation in this Game, and the acceptance, use, misuse or possession of a prize, including as set out in the Limitations of Liability section. Entrants who have not complied with these Official Rules are subject to disqualification. Sponsor reserves the right, at its sole discretion, to disqualify any entrant from this Game or any other promotion conducted now or in the future by Sponsor or any of its affiliates if Sponsor suspects or finds entrant to be: (a) violating the Official Rules; (b) tampering or attempting to tamper with the entry process or the operation of the Game or the Website; (c) acting in an unsportsmanlike or disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person; or (d) attempting to undermine the legitimate operation of the Game by cheating, hacking, deception, or other unfair playing practices or intending to annoy, abuse, threaten or harass any other entrants, the Administrator, Sponsor or Sponsor’s representatives. If Sponsor or Administrator suspects that an entrant has engaged in an unsportsmanlike or disruptive manner, the entrant will be contacted as soon as practicable. ANY ATTEMPT BY AN INDIVIDUAL TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS GAME IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR WILL DISQUALIFY ANY SUCH INDIVIDUAL AND RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW, AND TO BAN OR DISQUALIFY AN ENTRANT FROM THIS GAME AND FUTURE PROMOTIONS. All materials submitted become the property of Sponsor and will not be returned.
8. LIMITATION OF LIABILITY: Released Parties do not assume any responsibility and the entrant releases the Released Parties from any and all claims, actions, damages, demands and liabilities of whatever nature or kind arising out of, or in connection with the entrant’s participation or attempted participation in the Game, including, without limitation, the administration of the Game, the confirmation of winners, and the arranging, awarding and use of a prize. Without limiting the generality of the foregoing, the Released Parties are not responsible for (i) the incorrect or inaccurate capture of registration information; (ii) late, lost, stolen, contain false information, damaged, misdirected, garbled or incomplete Game plays, transmissions or transactions, those that are altered or otherwise irregular, have been submitted through illicit means or do not conform with or satisfy any or all of the conditions of the Official Rules; (iii) any loss, damage, or claims caused by, or in any way related to an awarded prize or the Game itself; (iv) failure of the Website or any operations or transmission of information during the Game Period, including, without limitation, any problems, human or technical, errors, lost, delayed, garbled or corrupted data or transmissions, omissions, interruptions, deletions, defects or failures of any telephone or transmission lines, technical malfunctions of any computer online systems, servers, access providers, computer equipment, software, failure of any email or entry to be received on account of technical problems or traffic congestion on the Internet or at any website, or any combination thereof including, without limitation, any injury or damage to an entrant’s or any other person's computer related to or resulting from participating in or downloading any material connected to the Game, all of which may affect a person’s ability to participate in the Game; (v) any errors, omissions, incorrect or inaccurate information in any Game-related materials, including, without limitation, printing or advertising errors or the failure of or problems with any equipment or programming associated with or used in the Game howsoever caused; (vi) the security or privacy of information transmitted via computer networks or for breaches of privacy due to interference by third party computer "hackers" or otherwise; (vii) any claims regarding the accepting, arranging, awarding or use of a prize; or (viii) electronic communications which are undeliverable as a result of any form of active or passive filtering of any kind. Entry material/data that has been tampered with or altered is void. Sponsor reserves the right, at its sole discretion, to modify, terminate or suspend this Game (or portion thereof), or to amend the Official Rules, at any time, in any way, and without prior notice, for any reason whatsoever. Without limiting the foregoing, if for any reason the Game is not capable of running as originally planned, including should any virus, worm, bug, technical failures, unauthorized human intervention or other causes corrupt or affect the administration, security, fairness or proper conduct of the Game, Sponsor reserves the right to terminate the Game. In the event of termination, Sponsor may determine the prize winners in a random drawing from among all eligible, non-suspect Game registrations received up to time of such action for this Game. In the event of any such termination or suspension, a notice may be posted at www.scratchswitchandwin.com. Entrant agrees that: (1) any and all disputes, claims, and causes of action arising out of or connected with this Game or any prizes awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the State of Florida or the appropriate Florida State Court located in Palm Beach County, Florida; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Game but in no event attorneys’ fees; 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 expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Game, 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 law 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.
9. BINDING ARBITRATION: Any controversy or claim arising out of or relating to the Game shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply Florida law consistent with the Federal Arbitration Act and applicable statutes of limitations and shall honor claims of privilege recognized at law. If the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE ENTRANT’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT PARTICIPATE IN THIS GAME IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES. BY PARTICIPATING IN THE GAME, EACH 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 GAME, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, 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), 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, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANT'S 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 EVERY ENTRANT.
By participating in the Game, entrants agree that all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrant’s rights and obligations, and the rights and obligations of the Sponsor in connection with the Game, will be governed by, and construed in accordance with, the laws of State of Florida, United States of America, without giving effect to any choice of law or conflict of law rules thereof, and any matters or proceedings which are not subject to arbitration as set forth in Section 9 of these Official Rules and/or for entering any judgment on an arbitration award, shall take place in the State of Florida in Palm Beach County.
10. WINNERS’ LIST: For a list of winners (available after July 31, 2019), send a self-addressed, stamped, business size (#10) envelope by September 30, 2019 to: K-Rain Manufacturing, Att: Game Winners, 1640 Australian Ave, Riviera Beach, FL 33404.
12. SPONSOR: K-Rain Manufacturing, 1640 Australian Ave, Riviera Beach, FL 33404.
13. ADMINISTRATOR: Promotion Activators Management, LLC, 5550 Touhy Ave., Suite 403, Skokie, IL 60077.
14. RULES GOVERN. In the event of any discrepancy or inconsistency between these Official Rules and disclosures or other statements contained in any Game related materials, including, but not limited to, the Website, these Official Rules shall prevail, govern and control.