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“Gunary Giveaway #1”

OFFICIAL RULES

 

NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. ALL FEDERAL, STATE, LOCAL AND LOCAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED.

 

The “Gunary Giveaway #1” (the “Sweepstakes”) is intended for legal residents of the United States of America (“USA”) only (excluding residents of California, Connecticut, Hawaii, Massachusetts, Maryland, New Jersey, New York, and the District of Columbia), and shall only be construed and evaluated according to USA law and applicable state law. Do not enter this Sweepstakes if you are not located in the USA at the time of entry or if you do not meet the eligibility requirements below.

 

SPONSOR/ADMINISTRATOR: The Sweepstakes is sponsored by Gunary LLC, 194 Dakota Dr., Suite B #158, Cabot, AR 72023 (the “Sponsor”), and administered by Alliance Sweepstakes Services Inc., 620 Park Ave. #332, Rochester, NY 14607 (the “Administrator”).

 

ELIGIBILITY: The Sweepstakes is open to legal residents of the USA (excluding residents of California, Connecticut, Hawaii, Massachusetts, Maryland, New Jersey, New York, and the District of Columbia) who are at least twenty-one (21) years of age and are able to legally possess the firearm Prize listed below in their state and locale of residence at the time of entry (the “Entrants”). Employees, officers and representatives of the Sponsor and the Administrator (“Released Parties”), their respective parent companies, employees, officers, directors, subsidiaries, affiliates, distributors, sales representatives, and advertising and promotional agencies, and the officers, directors, agents, and employees of each of the foregoing, and members of their immediate families (defined as including spouse; biological, adoptive, and step-parents; grandparents; siblings; biological, adoptive, and step-children and grandchildren; and each of their respective spouses, regardless of where they reside) or households (whether related or not) of any of the above are NOT eligible to participate in this Sweepstakes. Non-eligibility or non-compliance with any of these Official Rules will result in disqualification. Void where prohibited or restricted by law. (For the avoidance of doubt, any references to Entrant in these Official Rules shall also include the Entrant who is deemed the Winner (as defined below)).

 

AGREEMENT TO OFFICIAL RULES: By participating in the Sweepstakes, Entrants agree to abide by and be bound by these Official Rules and the decisions of the Sponsor, which are final and binding in all matters relating to the Sweepstakes. Winning the Prize (defined below) is contingent upon fulfilling all requirements set forth herein.

 

HOW TO ENTER: The Sweepstakes begins at 12:00:01 a.m. Eastern Standard Time (“EST”) on December 1, 2021 and ends at 11:59:59 p.m. EST on April 1, 2022 (“Sweepstakes Period”). The Sponsor’s database computer is the official time-keeping device for the Sweepstakes. Two (2) methods of entry as follows:

 

1.     Via Online Purchase – During the Sweepstakes Period, Entrants who make a purchase through the Sponsor’s online shop at www.gunary.org (the “Website”), will automatically receive one (1) entry into the Sweepstakes for each one (1) whole dollar spent. The number of entries received will be based on the pre-tax amount of your eligible purchase excluding shipping/handling charges, less any discounts. Throughout the Sweepstakes Period, the Sponsor may announce Bonus Entries at the Website, and/or on its social media pages, opportunities to earn additional entries (“Bonus Entry Periods”). During the Bonus Entry Period, Entrants who make a purchase at the Website will automatically receive between two (2) and twenty (20) entries (defined by Sponsor) into the Sweepstakes for each one (1) whole dollar spent. NOTE: ANY FRAUDULENT ACTIVITY IN CONNECTION WITH THIS SWEEPSTAKES IS STRICTLY PROHIBITED.  IT IS FRAUDULENT TO PURCHASE ITEMS TO OBTAIN ENTRIES WITH THE INTENT TO RETURN THESE ITEMS AFTER THE SWEEPSTAKES ENDS.  IF THE SPONSOR IDENTIFIES OR SUSPECTS THAT YOU ARE ENGAGED IN THIS OR ANY OTHER FRAUDULENT ACTIVITY, YOU WILL BE DISQUALIFIED AND BANNED FROM ANY FURTHER SWEEPSTAKES OFFERED BY THE SPONSOR.

 

Refer a friend – Entrants also have the opportunity to earn bonus entries via the post-entry refer-a-friend feature. Entrants will be given a unique URL address to share with their friends. For every friend that makes a purchase thru the unique URL, the original referrer and the referee will receive 100 bonus entries!

 

2.     Via Mail During the Sweepstakes Period, eligible Entrants can obtain Sweepstakes entries by legible hand-printing, on a 3”x 5” card or paper, their full name, complete mailing address, phone number, date of birth, email address, and a brief description (at least 25 words) on what winning the Grand Prize would mean to you, mailing the card in a #10 business-sized envelope, with proper postage affixed, to: Gunary Giveaway, 300 State St. Suite 402, Rochester, NY, 14614 (the “Mail-In Entry”). All entries must be postmarked by April 1, 2022 and received by April 6, 2022. Each mail-in entry received with be worth five (5) Sweepstakes entries. If a mail-in entry is postmarked during a Bonus Entry Period, it will be worth between ten (10) and fifty (50) Sweepstake’s entries depending on the level of Bonus Period defined by Sponsor at the Website. In order for bonus entries to be valid, the Entrant must write either 2x, 5x, or 10x on the backside of the envelope to signify what Bonus Entry Period they are entering during. If an Entrant lists a Bonus Period that is inaccurate with the postmark date, the entry will be disqualified. **NOTE: Mail-in entry card and envelope must be hand-printed by the Entrant only. In addition, Entrants are not permitted to use any 3rd party organization to assist with the entry process in any way (as determined by the Administrator). Each Envelope must be mailed individually. Bulk shipments of entries will not be accepted.

 

To be valid, each entry must provide all requested information. Proof of entry information at the Website is not considered proof of delivery to or receipt by Sponsor of an entry. Entries made by any other individual or any entity, and/or originating at any other website or email address, including, but not limited to, commercial Sweepstakes subscription notification and/or entering service sites, will be declared invalid and disqualified for this Sweepstakes. The use of automated entry devices is prohibited, and no mechanically reproduced entries are allowed; all such entries are void. The Released Parties (as defined below) are not responsible for late, incomplete, delayed, undelivered, or misdirected entries. All entries become the exclusive property of Sponsor and will not be acknowledged or returned except as provided herein. By participating, you consent to Sponsor’s and its agents’ use of your personal information for the administration of this Sweepstakes.

 

GENERAL CONDITIONS: If the operation or administration of this Sweepstakes is impaired or incapable of running as planned for any reason, including, but not limited to: (a) infection by a computer virus or bugs; (b) tampering or unauthorized intervention; (c) fraud; (d) technical failures; or (e) any other causes beyond the control of the Sponsor that corrupt or affect the security, fairness, integrity or proper administration of this Sweepstakes, the Sponsor reserves the right, in its sole discretion to cancel, terminate, modify or suspend the Sweepstakes in whole or in part, at any time, without notice and/or award of the Prizes (defined below) using all non-suspect eligible entries received as of, or after (if applicable) this cancellation, termination, modification or suspension date. Sponsor reserves the right, in its sole discretion, to disqualify any individual deemed to be: (y) tampering or attempting to tamper with the entry process or the operation of the Sweepstakes or Sponsor’s Website; or (z) acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE; THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT 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.  In the event of a dispute as to the identity of a Winner based on an email address, the winning entry will be declared as the authorized account holder of the email address submitted at time of entry. “Authorized account holder” is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.

 

DRAWING AND NOTIFICATION: The Potential Winner will be selected in a random drawing from among all eligible entries received during the Sweepstakes Period. The Prize drawing will be conducted on April 8, 2022, by the Administrator, whose decisions are final and binding. Odds of winning the Prize will depend on the total number of eligible entries received throughout the Sweepstakes Period. The Potential Winner will be contacted by the Sponsor or Administrator via telephone and/or by email.

 

GRAND PRIZE: There will be one (1) Prize Winner. The Grand Prize Winner (“Winner”), upon the Administrator’s confirmation of eligibility, will receive one (1) WW2 Commemorative Thompson Semi-automatic rifle (ARV – $1,700) and five hundred (500) rounds of 45ACP ammunition (ARV – $400) (“Prize” or “Grand Prize”). Grand Prize ARV – $2,100. All local, state, and federal taxes and any transfer fees charged by the Federal Firearms Licensee through whom the Prize is transferred is the sole responsibility of the Winner. The Winner is subject to verification and the Prize transfer is subject to federal, state and local laws and regulations, and Sponsor’s approval, in its sole discretion.  Any required permits or other state or local requirements related to the acquisition of the firearm Prize is the sole responsibility of the Winner.  All other expenses not specifically mentioned herein are the responsibility of the Winner. No substitution of any of the Prizes will be permitted, except by the Sponsor, who reserves the right at its sole discretion to substitute a Prize with another Prize of equal or greater value.

 

ADDITIONAL PRIZE CONDITIONS: The potential Prize Winner will be required to complete, sign, and return an Affidavit of Eligibility and Liability/Publicity Release (collectively, “Winner Documents”) to be returned within five (5) calendar days of original notification from the Administrator, or the Prize may be forfeited, and an alternate Potential Winner selected. Note: The Affidavit sent to the potential Winner will require that the Winner provide their Social Security Number to the Administrator, which will be used solely for tax reporting purposes. The Winner will be responsible for all local, state, and federal taxes associated with the receipt of the Prize. The Winner must note that the value of the accepted Prize is taxable as income and an IRS Form 1099 will be filed in the name of the Winner for the value of the Prize. The potential Prize Winner will be required to provide a copy of a valid government-issued driver’s license or identification card with return of the completed Winner Documents. If any information provided in the Winner Documents is incorrect, the potential Winner in question may be disqualified (in Administrator’s sole discretion). If a Prize or Prize notification is returned as unclaimed or undeliverable to a Potential Winner, if a Potential Winner cannot be reached on the first notification attempt, if a potential Prize Winner fails to return Winner Documents within the specified time period, or if a Potential Winner is not in compliance with these Official Rules, then such person may be disqualified and an alternate winner may be selected, at Administrator’s sole discretion. If the selected Winner is disqualified for any reason, an alternate Potential Winner may be selected for the Prize at issue, time permitting. The Winner is solely responsible for all matters relating to their Prize after it is awarded. The Winner Documents are subject to verification by Sponsor.

 

The Sponsor will ship the Prize to a valid Federal Firearms Licensee in the U.S. selected by the approved Winner. The Winner is responsible for providing the Sponsor with a copy of the Federal Firearm License of the retailer to which the Winner would like the Prize shipped. The firearm transfer must be in compliance with all federal, state and local laws and regulations and will be subject to the requirements, policies and procedures of the chosen Federal Firearms Licensee for delivery. If the Winner is unable to complete the firearm transfer because the firearm is not legally available for transfer or sale in his or her state or locale, the Winner may select a substitute firearm that is of equal or lesser value. Substitute prizes are subject to availability and the Sponsor makes no claims or representations that any particular substitute selected by the Winner will be available.  Any substitute prize must be legally available for sale in the Winner’s state or locale. If the Winner is unable to complete the firearm transfer due to a failure of the required background check or other failure to meet the requirements of the Federal Firearms Licensee, the Prize in question will be forfeited and returned to Sponsor at Sponsor’s sole expense and the Winner in question will be disqualified. In the event of noncompliance with these requirements, the Prize may be forfeited. The Sponsor is not responsible and the Winner is solely responsible for the costs incurred to travel to pick up their Prize and/or any other costs and fees associated with the transfer of the Prize, including any amounts charged by the Federal Firearms Licensee to complete the transfer. Sponsor reserves the right, in its sole discretion, to void entries of any Entrant who is or may be ineligible to accept transfer of a firearm in his or her state or locale.

 

All Prize details not specified in these Official Rules will be determined in Sponsor’s sole discretion. All federal, state and local taxes, as well as any expenses not specified in these Official Rules as being provided as part of the Prize, are the sole responsibility of the Winner. Sponsor will not replace any lost, mutilated or stolen Prize. The Sponsor is not responsible for any inability of the Winner to accept or use any Prize (or portion thereof) for any reason. No transfers, prize substitutions (other than substitutions as specifically set forth hereinabove) or cash redemptions will be made, except in Sponsor’s sole discretion. The Sponsor reserves the right to substitute the stated Prize or portion thereof with another prize or portion thereof of equal or greater value for any reason, including, without limitation, Prize unavailability.

 

RELEASE AND LIMITATIONS OF LIABILITY: By participating in the Sweepstakes, Entrants agree to release, hold harmless and indemnify the Released Parties from and against any claim or cause of action arising out of participation in the Sweepstakes or receipt or use of any Prize, including, but not limited to: (a) any technical errors that may prevent an Entrant from submitting an entry; (b) unauthorized human intervention in the Sweepstakes; (c) printing errors; (d) errors in the administration of the Sweepstakes or the processing of entries; (e) injury, death or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Sweepstakes or receipt of any Prize; or (f) claims or actions based on publicity rights, defamation and/or invasion of privacy. Released Parties assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. Released Parties are not responsible for any problems or technical malfunction of any telephone network or telephone lines, computer online systems, servers or providers, computer equipment, software, failure of any email or entry to be received by Sponsor on account of technical problems, human error or traffic congestion on the Internet or at any Website, or any combination thereof, including any injury or damage to participant’s or any other person’s computer relating to or resulting from participation in this Sweepstakes or downloading any materials in this Sweepstakes. 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 Released Parties be liable for attorney’s fees. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct or indirect damages.  The winner agrees that the Prize is provided as-is without any warranty, representation or guarantee, express or implied, in fact or in law, relative to the use or enjoyment of the Prize, including, without limitation, its quality, merchantability or fitness for a particular purpose.  Sponsor and Released Parties are not liable in the event that any portion of the Sweepstakes is cancelled due to weather, fire, strike, acts of war or terrorism, pandemic, or any other condition beyond their control (a “Force Majeure Event”).

 

EACH ENTRANT UNDERSTANDS AND AGREES THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY OF THE UNITED STATES ARE HEREBY EXPRESSLY WAIVED BY HIM/HER.  SECTION 1542 READS AS FOLLOWS:

 

“CERTAIN CLAIMS NOT AFFECTED BY A GENERAL RELEASE. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

 

In addition, by accepting the Prize, where permitted by law, the winner grants to the Released Parties and those acting pursuant to the authority of Sponsor and the Released Parties (which grant will be confirmed by the winner in writing upon Sponsor’s request), the right to print, publish, broadcast and use worldwide IN ALL MEDIA, without limitation, a winner’s full name, portrait, picture, voice, likeness and/or biographical information for advertising, trade and promotional purposes without further payment or additional consideration and without review, approval or notification.

 

RESOLUTION OF Disputes/Governing Law:  Except where prohibited, as a condition of participating in this Sweepstakes, each Entrant agrees that any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes, the Prize awarded, or the determination of the winner shall be resolved individually, without resort to any form of class action.  Further, in any such dispute, under no circumstances will an Entrant be permitted to obtain awards for, and hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than Entrant’s actual out-pocket expenses (if any), not to exceed two hundred fifty dollars ($250), and Entrant further waives all rights to have damages multiplied or increased. 

 

This Sweepstakes and any dispute arising under or related thereto (whether for breach of contract, tortious conduct or otherwise) will be governed by the laws of the State of Arkansas, without reference to its conflicts of law principles.  Any legal actions, suits or proceedings arising out of this Sweepstakes (whether for breach of contract, tortious conduct or otherwise) will be brought exclusively in the state or federal courts located in Arkansas, and each Entrant accepts and submits to the personal jurisdiction of these Arkansas courts with respect to any legal actions, suits or proceedings arising out of or related to this Sweepstakes.

 

SEVERABILITY: The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. If any provision of the Official Rules is determined to be invalid or otherwise unenforceable, the other provisions will remain in effect and will be construed as if the invalid or unenforceable provision were not contained herein.

 

MISCELLANEOUS: These Official Rules contain the full and complete understanding with respect to the Sweepstakes and supersede all prior and contemporaneous agreements, representations, and understandings, whether oral or written. The headings herein are for convenience only, do not constitute a part of these Official Rules, and shall not be deemed to limit or affect any of the provisions hereof. No amendment to, or waiver of, any provision of these Official Rules shall be effective unless in writing and signed by both Sponsor and Administrator. The waiver by Sponsor or Administrator of any provision of these Official Rules shall not constitute a waiver of any other provision herein. The rights and obligations hereunder may not be assigned by Entrant, whether by operation of law or otherwise, without the prior written consent of Sponsor, and any attempted assignment in violation of the foregoing shall be null and void. These Official Rules shall be binding upon, and inure to the benefit of, the permitted successors and assigns of Sponsor, Administrator, and Entrant. 

 

WINNERS LIST REQUEST: To request confirmation of the name, city, and state of residence of the Winner, please send a self-addressed, stamped business-size envelope, by May 31, 2022 to: Alliance “Gunary Giveaway #1” Sweepstakes Winners List Request, 620 Park Ave. #332, Rochester, NY 14607.

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