SWEEPSTAKES RULES
This Sweepstakes is sponsored by Caliber Contests, which is located at 14299 Flora Lane, Wellington, FL 33414. This Sweepstakes will provide the opportunity to win one prize in the amount of Six Hundred Twenty Four Dollars and 99 Hundredths ($624.99) (each hereafter “the Prize”).
This document contains a waiver of your right to bring a class action law suit, as well as limitations of liability of the Sponsor and related parties.
A. INITIAL MATTERS
1) This Sweepstakes promotion is subject to certain specific rules, restrictions, limitations, conditions, and disclosures (jointly referred to as “the Rules”). Do not enter this promotion unless you have reviewed and agree to abide by the Rules contained herein. By entering the Sweepstakes, you agree that you have read the Rules, understand them, and agree to be bound by them.
2) No purchase is necessary to enter or win. A purchase will not increase your chances of winning. Not purchasing will not disqualify you from entering or winning this or future Sweepstakes.
3) This Sweepstakes is void where prohibited by federal, state or local law. It is the entrant’s responsibility to determine whether this Sweepstakes complies with applicable law in his/her jurisdiction. It is the entrant’s responsibility to determine whether they can legally purchase, receive or own a firearm in their jurisdiction and whether they may legally receive the Prize offered in this Sweepstakes. Sponsor makes no representation about the legality of any Entrant entering this Sweepstakes, winning the Prize, or owning the firearms mentioned.
4) By entering this Sweepstakes, you are consenting to receive and will receive marketing and informational communications from C4 Traffic, Inc. d/b/a Firearm Upgrades, and our partners. These communications may be in the form of newsletters, e-mail or in other media. You are not required to consent to receive these materials in order to be eligible win this prize. Should you no longer wish to receive newsletters, you may opt out by following the procedures in Paragraph J below.
5) This promotion is in no way sponsored, endorsed or administered by, or associated with Facebook. You understand that you are providing your information to the owner of this Facebook page and not to Facebook.
B. PRIZE
1) Each of three Prizes to be awarded shall consist of one Check in the amount of $624.99 USD, the Approximate Retail Value (“ARV”) of one Springfield Armory 1911 Operator. The actual retail value of the Prize may fluctuate based on market conditions, but the given ARV is in Sponsor’s best judgment the average price as of the date this Sweepstakes is announced.
2) Three prizes shall be awarded. Only one entry per household shall be eligible to win this Sweepstakes.
3) Prizes cannot be substituted, assigned or transferred by Winner, nor may the Prize be combined with any other offer or promotion.
4) Arrangements for delivery of check will be made after winner validation.
5) Your odds of winning depend upon your submitting one qualifying entry. All qualifying entries have an equal chance of winning. For example, if you submit 1 of a total of 10,000 qualifying entries, your odds of winning are approximately 1 in 10,000.
C. ELIGIBILITY
1) This Sweepstakes is open to legal residents of the fifty (50) United States and the District of Columbia. The Sweepstakes is void outside of the defined area.
2) Notwithstanding Paragraph C.1, no one is eligible to enter the Sweepstakes who is not over the age of eighteen (18) years of age at the time of entry, and no one shall be eligible to win unless at the time of entry they are over the age of legal majority in their jurisdiction.
3) Employees of C4 Traffic, Inc. d/b/a Caliber Contests, their marketing partners, and other companies associated with the promotion of the Sweepstakes, and their respective parent companies, subsidiaries, affiliates and advertising and promotion agencies as well as the immediate family (spouse, parents, siblings, and children) and household members of each such employee, are not eligible to enter.
4) Only one entry per person is allowed for this Sweepstakes, and only one entry per household is eligible to enter and win the Sweepstakes.
5) All matters of eligibility, qualification or disqualification shall be determined at the sole discretion of the Sponsor. Those decisions shall be final and binding.
6) Winning a prize is contingent upon strict compliance with these Official Rules and fulfilling all requirements set forth herein.
D. SWEEPSTAKES PERIOD
1) The Sweepstakes begins on October 1st, 2021 at 12:00 AM ET and ends on December 31st, 2021 at 11:59 PM ET (the "Sweepstakes Period"). All entries must be received by 11:59 PM ET on December 31st, 2021.
2) Submissions will be accepted for the duration of the Sweepstakes using the entry method set out below in Paragraph E.
3) Entries that are submitted before the Sweepstakes Period begins or after the Sweepstakes Period ends will be disqualified.
4) In the event of a dispute, the Sponsor will in its sole discretion determine completeness, timeliness and validity of entries.
E. HOW TO ENTER
1) Any eligible individual may enter the Sweepstakes by submitting an entry online.
2) Entries may be submitted through this website (https://calibercontests.com/optin1622755551136) or this link: https://calibercontests.com/optin1622755551136 . Further directions are available at the link.
3) By completing the Sweepstakes registration form, an Entrant will receive one (1) Sweepstakes entry, subject to a limitation of one entry per household.
F. PRIZE DRAWING
1) On or about December 30th, 2021, the Sponsor or Sponsor’s service provider will select a potential winner in a random drawing from among all eligible entries received.
2) The Sponsor will attempt to notify the potential winner by email on or about January 22, 2022.
3) The Sponsor will attempt to notify the potential winner via telephone or email within 5 business days of the end of the Sweepstakes Period.
4) If the potential winner cannot be contacted within five (5) days after the date of the first attempt to contact him/her, the Sponsor may in the same random manner select an alternate potential winner from the remaining non-winning, eligible entries. If that alternate winner is not responsive, Sponsor will make one more attempt to determine an alternate winner in the same manner. After the third such attempt to choose a winner or substitute winner, Sponsor may in its sole discretion determine that the Sweepstakes cannot be completed and must be terminated.
G. WINNER NOTIFICATION
1) The potential winners will be notified by email. All entrants must keep their email information updated in order for notification to be accomplished.
2) Each potential Grand and First Prize winner, in order to claim his/her prize, will be required to complete, electronically sign and submit a Declaration of Compliance with the Sweepstakes Rules within five (5) days of the date notice or attempted notice is received. If a potential winner cannot be contacted or fails to submit the Declaration of Compliance within the required time period, or the Prize is returned as undeliverable, that potential winner will forfeit the Prize.
3) In the event that a potential winner is disqualified for any reason—including any violation or non-conformance with any of these Rules—Sponsor will select an alternate winner by random drawing from among all remaining eligible entries. Only two (2) alternate drawings will be held, after which the Sweepstakes will be terminated.
4) Potential winners must continue to comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements.
5) The Prize will be fulfilled approximately 8-10 weeks after the conclusion of the Sweepstakes by delivery of the Prize.
6) By entering this Sweepstakes, entrants agree to be bound by these Official Rules and to abide by the decisions of the Sponsor, which shall be made in Sponsor’s sole discretion and shall be final in all matters relating to the Sweepstakes, including interpretation of these rules and entrants’ compliance therewith..
7) In order to qualify to receive a Prize, a potential winner must consent to each of the following Acceptance Criteria and after notification of winning, execute them in a timely manner:
i. Provide a current photograph of themselves via email in the jpeg format;
ii. Sign an Affidavit of Eligibility;
iii. Sign a “Liability and Publicity Release” within 10 days of notification, as detailed in Paragraphs L and N;
iv. Provide feedback or comment after receipt of the Prize.
H. WINNER LIST
1) A disclosure of the Winner of the Sweepstakes (“Winner’s List”) shall be available after the promotion end date (listed above).
2) To obtain the list, you may send a letter and a self-addressed, stamped envelope to:
C4 Traffic, Inc. d/b/a Caliber Contests.
<***14299 flora lane, Wellington, Florida 33414***>
You may also e-mail your request to alerts@calibercontests.com
I. [PARAGRAPH I HAS BEEN LEFT BLANK FOR CLARITY.]
J. OPT-OUT
1) You may opt out of receipt of marketing messages, using the provisions of the Privacy Policy of C4 Traffic, Inc. d/b/a Firearm Upgrades, found here https://www.firearmupgrades.com/privacy-policy/
2) Your opting out of receipt of marketing messages will not affect your chances of winning any Sweepstakes.
3) To opt-out of receiving e-mail and other forms of communications from us, you can: (a) follow the instructions provided in each e-mail message or other communication; or (b) e-mail us at: alerts@calibercontests.com
4) Despite your opting out, we may continue to contact you for the purpose of communicating information relating to your request for Site Offerings, your participation in a Promotion, to respond to any inquiry or request made by you, and to communicate with you regarding administrative matters relating to your interaction with C4 Traffic, Inc. d/b/a Caliber Contests. or its partners.
5) To avoid receiving additional messages from Company unrelated to this Sweepstakes, you must cease requesting and/or utilizing offerings by, participating in promotions originated by, and cease submitting inquiries to C4 Traffic, Inc. d/b/a Caliber Contests, as applicable. Should you receive unwanted messages, you may contact the companies at alerts@calibercontests.com
K. GENERAL CONDITIONS
1) Any and all links provided to third parties’ websites and/or services through C4 Traffic, Inc. d/b/a Caliber Contests are managed by such third parties. These links are provided to you as helpful resources to locate internet content that may be of interest to you. C4 Traffic, Inc. d/b/a Caliber Contests is not responsible for the content, quality, suitability, functionality or legality of any sites to which links are provided and waive any claim you may make against us with respect to such sites and their operators.
2) This Sweepstakes is neither endorsed by, nor sponsored by, nor affiliated in any way with any, manufacturers, dealers or brands; nor are any companies or their trademarks that might be seen in this Sweepstakes and related communications affiliated in any way with Caliber Contests, its brands, or its partners.
3) This promotion is in no way sponsored, endorsed or administered by, or associated with Facebook. You understand that you are providing your information to the owner of the Facebook page on which this Sweepstakes or related documents might appear, not to Facebook.
4) In the event that the operation, security, or administration of the Sweepstakes is impaired in any way for any reason, including, but not limited to fraud, virus, bug, worm, unauthorized human intervention or other technical problem, or in the event the Sweepstakes is unable to run as planned for any other reason, as determined by Sponsor in its sole discretion, the Sponsor may, in its sole discretion, either (a) suspend the Sweepstakes to address the impairment and then resume the Sweepstakes in a manner that best conforms to the spirit of these Official Rules or (b) terminate the Sweepstakes and, in the event of termination, award the prize at random from among the eligible entries received up to the time of the impairment.
5) The Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner.
6) Any attempt by any person to damage the website or undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, the Sponsor reserves the right to seek damages (including attorney's fees) and any other remedies from any such person to the fullest extent permitted by law. Failure by the Sponsor to enforce any provision of these Official Rules shall not constitute a waiver of that provision.
7) All incomplete or non-conforming entries—as determined in Sponsor’s sole discretion—will be disqualified.
8) In the event of a dispute as to the identity of the entrant, entries will be conclusively and within Sponsor’s sole discretion determined to be made by the authorized account holder of the e-mail address submitted at time of entry. The "authorized account holder" is defined as the natural person who is assigned to an e-mail address by an Internet access provider, on-line service provider or other organization (e. g. , business, educational, institution, etc. ) that is responsible for assigning e-mail addresses for the respective domain associated with the submitted e-mail address.
9) All tax liability relating to entry and winning of this Sweepstakes shall be the responsibility of the Entrant or Winner. Entrant acknowledges that Sponsor is required by law to report the Prize where required. An IRS Form 1099 or W-8BEN will be issued to the Winner as appropriate. Winner shall release and hold harmless, and indemnify, the “Released Parties” (as defined below) from any liability for taxes.
10) Any fee charged by any receiving FFL, including fees for shipping or delivery to Winner, shall be the responsibility of the Entrant or Winner.
11) In the event of any conflict between these Official Rules and C4 Traffic, Inc. d/b/a Firearm Upgrades, or any of their affiliates’ or partners’ Terms of Use or Privacy Policy, the Privacy Policy of Firearm Upgrades shall take precedence for the purposes of this Sweepstakes.
L. LIMITATIONS OF LIABILITY
1) By participating in the Sweepstakes, entrants agree to release and hold harmless the Sponsor, its affiliated companies and partners, and each of their respective parent companies, subsidiaries, affiliates, advertising and promotion agencies, other companies associated with the Sweepstakes, and each of their respective officers, directors, employees, shareholders, representatives, and agents (the "Released Parties”) from and against any claim or cause of action arising out of participation in the Sweepstakes or receipt or use of the prize (including any travel or activity related thereto), including, but not limited to: (a) any technical errors associated with the Sweepstakes, including lost, interrupted or unavailable Internet Service Provider (ISP), network, server, wireless service provider, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone, cellular tower or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties; (b) unauthorized human intervention in the Sweepstakes; (c) mechanical, network, electronic, computer, human, printing or typographical errors; (d) application downloads; (e) any other errors or problems in connection with the Sweepstakes, including, without limitation, errors that may occur in the administration of the Sweepstakes, the announcement of the winner, the cancellation or postponement of the event and/or the flyover, if applicable, the incorrect downloading of the application, the processing of entries application downloads or in any Sweepstakes-related materials; or (f) injury, death, losses or damages of any kind, to persons or property which may be caused, directly or indirectly, in whole or in part, from entrants participation in the Sweepstakes or acceptance, receipt or misuse of the prize (including any travel or activity related thereto).
2) Entrant further agrees that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Sweepstakes, and in no event shall the entrant be entitled to receive attorney's fees.
3) Released Parties shall not be responsible 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.
4) Entrant waives the right to claim any damages other than actual damages. Entrants waive any other damages whatsoever, including, but not limited to, multiple, punitive, consequential, direct, or indirect damages.
M. DISPUTE RESOLUTION/CLASS ACTION WAIVER
1) Except where prohibited, each entrant agrees that any and all disputes, claims and causes of action arising out of, or connected with, the Sweepstakes or any prize awarded shall be resolved by good faith discussions between the parties. Should these good faith discussions prove unavailing, then any dispute may only be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in Florida.
2) All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrants’ rights and obligations, or the rights and obligations of the Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of Florida, without giving effect to any choice of law or conflict of law rules, which would cause the application of the laws of any jurisdiction other than Florida.
N. PUBLICITY
1) Submission of an entry into this Sweepstakes constitutes permission for the Sponsor, its brands, its partners and its agencies to use winners’ names and likenesses for purposes of advertising and publicity in all media worldwide without further compensation or notice, unless prohibited by law.
2) The selected Winner shall grant in writing to the Sponsor, its brands, and its partners, the right and permission to print, publish, broadcast and use, worldwide in any media existing now or hereafter, including but not limited to the internet, the Winner’s name, picture, city/town of residence, voice, likeness, opinions and biographical information for advertising, trade and promotional purposes, including the broadcast of the Winner’s name on television or radio, without additional consideration, compensation, permission or notification for said use.
3) The selected Winner shall complete any documents requested by Sponsor, its parent companies, affiliates or partners, granting Sponsor and its parents, affiliates and partners the worldwide rights to use Winner’s name, photograph, recordings, or other likeness for advertising and promotional purposes.
O. TERMS & PRIVACY
1) Entrants’ use of C4 Traffic, Inc. d/b/a Firearm Upgrades’ website and of the websites of Sponsor’s brands is subject to C4 Traffic, Inc. d/b/a Caliber Contest’s Terms of Use, located at [link for Terms of Use]. By entering this Sweepstakes, you agree to adhere to the terms, policies and guidelines described in the above Terms of Use.
2) The personal information collected through this Sweepstakes is subject to the Privacy Policy of C4 Traffic, Inc. d/b/a Caliber Contests, located at
https://calibercontests.com/terms-and-conditions1622755551683