OFFICIAL GIVEAWAY RULES
BENELLI SUPER BLACK EAGLE III & "THE MEAT HEAD" SINGLE REED PREMIUM ACRYLIC DUCK CALL GIVEAWAY.
The Benelli Super Black Eagle III Performance Shop Waterfowl Edition shotgun giveaway (the “promotion”) is open only to legal residents of the 50 United States (the “Territory”) who are 18 years of age or older and located in the territory at the time of entry and who can acquire and possess the prize(s). No person that, during the pendency of this Promotion and prior to its termination, is or otherwise becomes prohibited from possessing, acquiring, or transporting firearms or ammunition is eligible to enter or win this Promotion. Employees of and other companies associated with the promotion of the Promotion, and their respective parents, 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. The Promotion is subject to federal, state, and local laws and regulations. Void where prohibited by law. By entering this Promotion, it is your responsibility to know your local state and federal firearm laws, rules, and regulations. Entrants must be able to pass a background check.
This Promotion is sponsored by DEAD BIRD, LLC, located at 570 Devall Dr, Suit 103, Auburn, AL, 36832
Agreement to Official Rules:
Participation in the Promotion constitutes your full and unconditional agreement to and acceptance of these Official Rules and the decisions of the Sponsor, which are final and binding. Winning a prize is contingent upon being compliant with these Official Rules and fulfilling all other requirements set forth herein.
The Promotion begins at 12:00 a.m. United States Central Standard Time (“CST”) on October 23, 2020 and ends at 11:59 p.m. CST on December 7, 2020 (the “Promotional Period”). Entries submitted before or after the Promotional Period will be disqualified. Submissions will be accepted for the duration of the Promotion.
How to Enter:
Online Entry: During the Promotion period, go to the following website: https://www.deadbirdduckcalls.com(“Website”) and purchase one or more products from the website during the Promotion Period (“Purchase Entry”). Entrants must complete all required information. RECEIVE TEN (10) ENTRIES FOR EVERY $10 SPEND (not including shipping).
Mail-in Entry:To obtain an entry without making a purchase, legibly handprint your name, street address, city, state, zip or postal code, country, telephone number, complete email address on a standard 4” x 6” postcard (with no outer envelope) and mail to: DEAD BIRD GIVEAWAY, 570 Devall Dr, Suit 103, Auburn, AL, 36832. Requests must be received by December 4, 2020. All mail-in entries must be legibly handwritten (including addressing), mailed separately with no outer envelope and have sufficient postage. Promotion Parties assume no responsibility for lost, late, misdirected, stolen, illegible, inaccurate, damaged, incomplete, non-delivered or postage-due mail; or for failure or unavailability of electronic equipment, communications or Internet connections; or other errors, failures or malfunctions of any kind. Receive one (1) entry per mail-in entry request.
The Promotion Prize(s) are one (1) Benelli Super Black Eagle III Performance Shop Waterfowl Edition Shotgun and one (1) DEAD BIRD “The Meat Head” acrylic single reed premium American made duck call. The estimated retail value of the prize(s) is $3,050.00 USD. Odds of winning will vary depending on the total number of valid entries submitted.
On or about December 7, 2020 the Sponsor will select a winner in a random drawing from among all eligible entries received. The odds of being selected depend on the number of entries received. The sponsor will attempt to notify the potential winner via telephone or email on or about December 7, 2020. If the potential winner cannot be contacted within five (5) days after 3 attempts from the date of the first attempt to contact him/her, the Sponsor may select an alternate potential winner in his/her place at random from the remaining non-winning, eligible entries.
In the event of a dispute regarding the identity of the person submitting an entry, the entry will be declared made by the person in whose name the entry was made. The Promotion Administrator reserves the right to require proof of identity and/or eligibility (in a for of acceptable to the Promotion Administrator – including, without limitation, government issued photo identification) for any reason the Promotion Administrator deems necessary, in its sole discretion, for the purposes of administering this Promotion in accordance with these Official Rules. Failure to provide such proof to the complete satisfaction of the Promotion Administrator may result in disqualification by the Promotion Administrator, in its sole discretion.
Entries which are incomplete, incorrect, incomprehensible, not received, or do not otherwise comply with these Official Rules (as determined by the Promotion Administrator in its sole and absolute discretion) will be void and will not be entered into the Promotion’s prize drawing. Entries made by facsimile, overnight courier, automated means, any entry service, or in any other manner not specifically allowed under these Official Rules will not be entered into the Promotion and may result in disqualification of the entries and the responsible entrant(s). Promotion Administrator reserves the right, in its sole and absolute discretion, to disqualify any individual who tampers with or attempts to tamper with the entry process or who acts in a disruptive or unfair manner.
Winner Notification & Prize Fulfillment:
The potential winners will be notified by e-mail and/or phone.
Prizes will be fulfilled approximately 2-4 weeks after the conclusion of the Promotion and all required Affidavit and Required Documents have been properly provided to Sponsor.
If a potential winner cannot be contacted or fails to submit the Affidavit and Required Documents within the required time period, or prize is returned as undeliverable, potential winner forfeits prize. Potential winners must continue to comply with all terms and conditions of these Official Rules and winning is contingent upon fulfilling all requirements. In the event that a potential winner is disqualified for any reason, Sponsor will award the applicable prize to an alternate winner by random drawing from among all remaining eligible entries. Only three (3) alternate drawings will be held, after which the prize will remain un-awarded.
Winner will be chosen at random. Odds of winning dependent upon number of eligible entries received. No substitutions or cash alternatives offered. By participating, entrants release and agree to hold harmless the Sponsor, and any of its directors, officers, employees and agents from any liability whatsoever for any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with the Sweepstakes or acceptance, possession, or any use of any prize. No warranties, express or implied, are created by entry except the award of a prize to holder or winning entry. The Sponsor is not responsible for computer, software, network, or transmission problems or late, lost, or misdirected entries or other submission errors.
By entering the Sweepstakes, you release Sponsor and all Released Parties from any liability whatsoever, and waive any and all causes of action, related to any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with the Sweepstakes or delivery, mis delivery, acceptance, possession, use of or inability to use any prize (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light, whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty or other theory.
In the event that the operation, security, or administration of the Promotion 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 Promotion 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 Promotion to address the impairment and then resume the Promotion in a manner that best conforms to the spirit of these Official Rules or (b) terminate the Promotion and, in the event of termination, award the prize at random from among the eligible, non-suspect entries received up to the time of the impairment. 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 Promotion or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to damage the website or undermine the legitimate operation of the Promotion 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.
Entrants are responsible for their own campaign reporting obligations, if applicable. Odds of winning a prize depend on the number and quality of eligible entries received. ALL FEDERAL, STATE AND LOCAL TAXES ASSOCIATED WITH THE RECEIPT OR USE OF ANY PRIZE ARE THE SOLE RESPONSIBILITY OF WINNER. The prize may be forfeited and awarded to an alternative winner if: (a) the winner Affidavit and Required Documents are not returned as required from the potential winner, (b) if three (3) attempts to contact the potential winner by phone and/or e-mail are not successful, (c) any prize is otherwise not claimed. Prizes are not transferable. No substitutions or exchanges (including for cash) of any prizes will be permitted, except that Sponsor reserves the right to substitute a prize of equal or greater value for any prize. Limit one prize per household or address. All prizes are awarded “AS IS” and WITHOUT WARRANTY OF ANY KIND, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose).
Prior to transfer of any prize subject to any state or federal firearm laws, Winner will be required to identify and provide supporting information from a licensed federal firearms dealer who is eligible to receive, and transfer said prize to the Winner pursuant to all applicable federal, state, and local laws. Winner is responsible for any/all requisite firearms dealer transaction fees and firearm transfer requirements imposed by federal, state, and local laws. Taxes on prize and all expenses related to acceptance and use of prize and not specified are the sole responsibility of winner. Winners of prizes valued at $600 or more will be issued an IRS 1099 Form for the value of the prize.
As a condition of being awarded any prize, except where prohibited by law, potential winner(s) may be required to complete, sign (where applicable) and submit an Affidavit and Required Documents, which consist of:
A notarized affidavit certifying eligibility and compliance with the rules contained herein, including a declaration of status as a person who is not prohibited from possessing firearms;
A true and correct IRS form W-9;
For a prize that constitutes a firearm, a copy of a licensed dealer’s federal firearm license through whom the firearm will be transferred;
Any and all other documents required by law or regulation to effectuate the transfer of the prize;
Proof of Identity;
Execution of a release and consent to the use of his or her name, hometown, likeness and/or prize information, without limitation, for promotional purposes without further permission or compensation;
And any other legal, regulatory, or tax-related documents required by Sponsor in its sole discretion; and
A release of liability.
All Required Documents must be received within ten (10) calendar days of the date that the Affidavit and Required Documents are sent to potential winning in order to claim the prize.
Release and Limitations of Liability:
By participating in the Promotion, entrants agree to release and hold harmless the Sponsor, and each of their respective parents, subsidiaries, affiliates, advertising and promotion agencies, other companies associated with the Promotion, 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 Promotion 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 Promotion, 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 Promotion; (c) mechanical, network, electronic, computer, human, printing or typographical errors; (d)lost, late, incomplete, garbled, illegible, undelivered, stolen, damaged, delayed, postage-due or misdirected mail, entries, application downloads, (e) any other errors or problems in connection with the Promotion, including, without limitation, errors that may occur in the administration of the Promotion, 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 Promotion 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 entrant’s participation in the Promotion or acceptance, receipt or misuse of the prize (including any travel or activity related thereto).
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 Promotion, and in no event shall the entrant be entitled to receive attorney’s fees. Released Parties are also not 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 Promotion. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
By entering the Promotion, you release Sponsor and all Released Parties from any liability whatsoever, and waive any and all causes of action, related to any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with the Promotion or delivery, mis delivery, acceptance, possession, use of or inability to use any prize (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light, whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty or other theory.
Except where prohibited by law, entry into the Promotion constitutes permission to use winner’s name, hometown, likeness and/or prize information, without limitation, for promotional purposes without further permission or compensation.
Winner acknowledges that Sponsor and all other businesses concerned with this Promotion and their agents do not make, nor are in any manner responsible for any warranty, representations, expressed or implied, in fact or in law, relative to the quality, conditions, fitness or merchantability of any aspect of prize except that prize shall be subject to manufacturer’s stated warranty.
Except where prohibited, each entrant agrees that any and all disputes, claims and causes of action arising out of, or connected with, the Promotion or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in Lee County, Alabama. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrant’s rights and obligations, or the rights and obligations of the Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of Alabama, 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 Alabama.
Information collected from entrants will be used by the Sponsor for various purposes, including, but not limited to, education, fundraising, and marketing.
To request the name of the prize winner, send a self-addressed, stamped envelope to DEAD BIRD, LLC, Benelli SBE III Performance Shop Shotgun Giveaway 2020, Prize Winner Request, 570 Devall Dr Suit 103, Auburn, AL, 36832. Prize winner requests will only be accepted after the Promotion end date on December 7, 2020 at 11:59 p.m. (CST).
The Promotion and all accompanying materials are copyright 2020 By DEAD BIRD, LLC. All rights reserved.