TERMS AND CONDITIONS FOR TACTICAL FREESH GIVEAWAYS
NO PURCHASE OR PAYMENT NECESSARY. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCE OF WINNING. PROMOTION IS OPEN TO LEGAL RESIDENTS OF THE 50 UNITED STATES INCLUDING THE DISTRICT OF COLUMBIA WHO ARE AT LEAST THE AGE OF MAJORITY IN THEIR STATE OF RESIDENCE AT TIME OF ENTRY. VOID IN PUERTO RICO, GUAM, AMERICAN SAMOA, AND WHERE PROHIBITED OR RESTRICTED BY LAW.
PROMOTION PERIOD: All Tactical Freesh giveaways run for 45 days and with new giveaways beginning at various times.
ELIGIBILITY: The Giveaway is open only to legal residents of one of the fifty (50) United States or the District of Columbia (excluding Puerto Rico, Guam, American Samoa, United States territories, possessions, and protectorates, foreign based United States military installations and wherever restricted or prohibited by law) Entrants must be 21 years or older (the “Entrant”). Entrants selected as potential prize winners must have a unique, personal, and valid social security number for Sponsor (defined below) to report the tax liability associated with acceptance of the prize. Valid social security numbers will be determined by Internal Revenue Service (“IRS”) requirements as further defined in the “PRIZE CLAIMS” section of these Official Rules.
Sponsors, employees of Sponsors, and all of their respective partners, parent companies, divisions, subsidiaries, affiliates, trustees, advertising, promotion and public relations agencies, and their respective officers, directors, employees, agents, independent contractors, representatives and agencies (collectively, the “Giveaway Entities”) are not eligible to participate in the Giveaway and/or win a Prize (as defined below). Additionally, immediate family members of such employees and persons living in the same household as such employees (whether related or not) are not eligible to win. For the purposes of this Giveaway, “immediate family members” is defined as spouse, domestic partner, mother, father, grandmother, grandfather, children, siblings and their spouses and “persons living in the same household” shall mean people who share the same residence at least three (3) months a year, whether legally related or not.
By entering the Giveaway, Entrants agree to be bound by these Official Rules and the decisions of the Sponsors, which are final and binding in all respects and cannot be challenged or appealed.
HOW TO ENTER: During the Promotion Period, there Is (1) way to enter ways to enter:
Online Entry: During the Promotion Period, visit www.tacticalfreesh.com (the “Website”) The Giveaway must be entered by submitting an entry online associated with the active Giveaway you wish to enter and must submit the required entry options. Addition non-required entry options may be available use one of the available entry options . The entry must fulfil all requirements of the Giveaway, as specified, to be eligible to win a prize. Entries that are incomplete or do not adhere to the rules or specifications of the Giveaway may be disqualified at the sole discretion of the Sponsor. You must provide the information requested. You may not enter more times than indicated by using multiple email addresses, identities, or devices in an attempt to circumvent the rules. If you use fraudulent methods or otherwise attempt to circumvent the rules of the Giveaway, your submission may be disqualified at the sole discretion of the Sponsor. Online Giveaway entries indicate the number of entries for each action.
WINNER SELECTION PROCESS:
The Winner will be selected by Random Draw under the supervision of the Sponsor. The Winner will be notified within 7 days of the winner selection. The Sponsor shall have no liability for a Winner’s failure to receive notices due to spam, junk e-mail or other security settings or for a Winner’s provision of incorrect or otherwise non-functioning contact information. If the Winner cannot be contacted, is ineligible, fails to claim the prize within 7 days from the time award notification was sent, or fails to timely return a completed and executed declaration and release as required, the prize may be forfeited and an alternate Winner selected. Receipt of the prize offered in this Campaign by the Winner is conditioned upon compliance with any and all federal, state, and local laws and regulations. Any violation of these official rules by the Winner at the Sponsor’s sole discretion will result in the Winner’s disqualification as winner, and all privileges as winner will be immediately terminated.
Sponsor will conduct a random drawing within 7 days of the Giveaway completion from all eligible entries received during the Promotion Period, to determine the winner. Winners will be announced within 7 days following the completion of the Giveaway.
Should the Prize be forfeited, Sponsor may, at Sponsor’s sole discretion, choose another winner.
If a potential winner is found ineligible or fails to comply with these Official Rules or any additional supplemental rules, that individual’s claim to a prize is forfeited and an alternate qualifying and eligible Entrant may be selected, at Sponsor’s sole discretion.
All prizes legitimately claimed will be awarded.
PRIZE WINNER: One (1) prize winner will receive:
The prize designated by the description on the Giveaway entry page.
The Sponsor will mail products to the winner with the shipping service or partner of the Sponsors choosing. The sponsor will ship the prize within 30 days. 30 days is defined as thirty days from the day the Prize Winner claims the prize and the sponsor determines eligibility of the Prize Winner to claim the prize. The winner must provide their preferred shipping address in writing within the 7 day prize claim window.
PRIZE RESTRICTIONS: Sponsor will determine all details of a Prize in their sole discretion. No Prize substitution or cash alternative offered, except at Sponsor’s sole discretion or as otherwise provided herein. Sponsor reserves the right to substitute a prize of equal or greater value if Prize becomes unavailable due to reasons beyond the control of the Sponsor; provided no such substitute prize shall be from Sponsor without its prior written consent. Prizes are not transferable. Exact make and models of the Prize will be determined at the Sponsor’s sole discretion. Any taxes imposed on the income of the Prize Winner as a result of winning the Prize and all other expenses not specifically mentioned herein as part of the Prize are solely the responsibility of the Prize Winner. No more than the number of prizes set forth in these Official Rules will be awarded. Sponsor does not make, nor is Sponsor in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to the Prize, including but not limited to its quality, fitness for purpose or mechanical condition; the only representation/warranty/guarantee that may be provided relative to the Prize, if any, are those of the manufacturer and/or dealer.
All Prize Winners consent to Sponsor’s use of his/her name, likeness, biographical information, image, and/or voice and other indicia of persona for purposes of advertising, promotion, and publicity in any and all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission or approval (TN residents will not be required to sign a publicity release as a condition of winning a Prize).
All Prize Winners consent to provide a follow up video, photos and other related media between 30-45 days after claiming their Prize. Stipulations included in the Prize Winner Information Packet.
PRIZE NOTIFICATION/PRIZE CLAIM: Potential Prize Winner will be notified by email or phone and must reply within (7) days from the first notification attempt with the requested information. In the event the potential Prize Winner fails to return the requested information by the date indicated, or if potential Prize Winner is found to be ineligible, or if he/she does not comply with the Official Rules, then the potential Prize Winner will be disqualified and an alternate potential Prize Winner will be selected from the remaining eligible entries. If the notification is returned as undeliverable, this will result in disqualification and an alternate potential Prize Winner will be selected.
Except where prohibited, potential Prize Winners must sign and return within the time frame specified, an Affidavit of Eligibility/Liability/Publicity Release Form, an IRS Form W-9, (collectively, the “Paperwork”) in order to claim the Prize. If potential Prize Winner fails to return the Paperwork by the date indicated, then that Prize Winner forfeits their right to the Prize (without compensation of any kind) and an alternate potential Prize Winner will be selected at random from among all remaining non-winning eligible entries received, at Sponsor’s sole discretion.
The value associated with the Prize may be taxable as income and the Prize Winner is solely responsible for any taxes, including, but not limited to all applicable federal, state and local taxes that become due with respect to the value of the Prize. The Sponsor must report the value of the Prize to the Internal Revenue Service in the year the Prize is received by the Prize Winner and will be reported to the Prize Winner and the Internal Revenue Service in the form of a Form 1099. In the event it is deemed during the verification process that potential Prize Winner does not have a unique, personal and valid social security number for Sponsor to report the tax liability associated with acceptance of the Prize, he/she will be disqualified and an alternate potential Prize Winner will be selected at random from among all remaining non-winning eligible entries received, at Sponsor’s sole discretion, time permitting. Valid social security numbers will be determined by IRS requirements.
Prize Winners must take possession of the Prize within thirty (30) days of completing the Paperwork, or within the timeframe specified for the Prize. If the Prize Winner does not take possession of the Prize within thirty (30) days or the time frame indicated by the Sponsor, the Prize will be forfeited without any compensation afforded to the Prize Winner and the Prize will not be awarded.
DISCLAIMERS: By participating in the Giveaway, Entrant agrees to release, discharge, indemnify and hold harmless the Giveaway Entities, Twitter, Inc., Facebook, Inc., Instagram, Inc., TikTok, Inc., or Google, Inc., Devvly, LLC and each of their respective directors, officers, employees, agents, successors and assigns (the “Released Parties”) from and against any and all claims, liability, costs (including attorneys’ fees), losses, damages, fines or injuries (up to and including bodily injury and death) of any kind arising out of or related to: (i) Entrants’ participation in the Giveaway; (ii) any acceptance, possession, misuse or use of any prize (including, without limitation, losses, damages or injuries to Entrant’s or any other person’s equipment or other property, or to their persons, including those arising from any travel to/from any prize event or activity); (iii) the Released Parties’ violation of rights of publicity or privacy, claims of defamation or portrayal in a false light or based on any claim of infringement of intellectual property; and (iv) any typographical, human or other error in the printing, offering, selection, operation or announcement of any Giveaway activity and/or prize. Without limiting the generality of the foregoing, Entrants agree that the Released Parties have neither made nor will be in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, in connection with the Giveaway and/or with respect to prizes, including, without limitation, to any prize’s quality or fitness for a particular purpose. Entrant agrees that the Released Parties shall have no responsibility or liability for discontinued prizes; human error; incorrect or inaccurate transcription of registration and/or account information; any technical malfunctions of the telephone or data network, computer online system, computer dating mechanism, computer equipment, software, social media platform, or Internet service provider utilized by Sponsor; interruption or inability to access the website, application or any online service via the Internet due to hardware or software compatibility problems; any damage to Entrant’s (or any third person’s) computer or mobile device and/or its contents related to or resulting from any part of the Giveaway; any lost/delayed data transmissions, omissions, interruptions, viruses, bugs, defects; and/or any other errors or malfunctions, even if caused by the negligence of the Released Parties. Each Entrant further agrees to indemnify and hold harmless the Released Parties from and against any and all liability resulting or arising from the Giveaway and to release all rights to bring any claim, action or proceeding against Released Parties and hereby acknowledge that the Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to a prize, including express warranties provided exclusively by a Supplier that may be sent along with a prize. The Released Parties are not responsible for any changes or unavailability of the internet service provider or the social media platform used for purposes of administering this Giveaway that may interfere with the Giveaway(including any limitations, any restrictions, or any conditions on Sponsor’s ability to use the website or social media platform for the Giveaway as set forth herein that are not acceptable to Sponsor) or ability of Entrant to timely enter, receive notices, or communicate with Sponsor via email, in which case Sponsor, in its sole discretion, may terminate or modify the Giveaway.
The Giveaway Entities are not responsible for human errors or for any damaged, tampered with, delayed, illegible, incomplete, inaccurate, garbled, late, lost, forged, misaddressed, misdirected, mutilated, mass machine-generated, unintelligible, incomprehensible, stolen entries or entries otherwise not in compliance with these Official Rules or any additional supplemental rules. In addition, Giveaway Entities are not responsible for any typographical errors in these Official Rules or any additional supplemental rules, Giveaway content or any advertising materials for the Giveaway, or for any kind of computer, electronic, hardware, software, Internet, network, data, technical or telephone failures and/or problems caused by the Sponsor and/or the Giveaway Entities or the user, or by any of the equipment or programming associated with or utilized in the Giveaway, or by any human, typographical, electronic, network or other error that may occur in receiving and/or processing of the entries in the Giveaway, or by infection by computer viruses, bugs, tampering, unauthorized intervention, fraud or technical failure.
If the Giveaway becomes compromised, hampered, interrupted, not capable of running as planned, rendered impossible of performance in any way or prevented, including, without limitation, because of any kind of computer viruses, bugs, electronic, hardware, software, Internet, network, technical or telephone failures, tampering, unauthorized intervention, fraud, an event of force majeure or any other cause created by Sponsor and/or the Giveaway Entities, any user or Entrant, or by any of the equipment or programming associated with or utilized in the Giveaway, Sponsor reserves the right, at its sole discretion, to change the Official Rules, to cancel, modify, suspend, or withdraw the Giveaway or any Giveaway offer and/or cancel, modify, suspend, or withdraw any method of entry, without notice, and select prize winners from all valid entries received for the Giveaway prior to or after the cancellation, modification, suspension or withdrawal. As used herein, an event of force majeure shall be deemed to include, without limitation, an act of God or public enemy; an act or threat of terrorism, war (declared or undeclared), riot or civil commotion, fire, flood, natural or man-made epidemic of health or other means, earthquake, explosion, labor dispute or strike, riot or civil disturbance, public health crisis (e.g. SARS, Ebola, Measles, COVID), casualties, satellite or equipment failure, boycott; labor dispute, strike or stoppage (including a strike by the members of any union), labor or material shortage, transportation interruption of any kind, an act, regulation, order or request of or by any federal, state or local authority or quasi-governmental entity (whether or not the act, regulation, order or request proves to be invalid); order or any court or jurisdiction, or any other cause not reasonably within the Sponsor’s control.
SPONSOR’S FAILURE TO ENFORCE ANY TERM OF THESE OFFICIAL RULES SHALL NOT CONSTITUTE A WAIVER OF THESE PROVISIONS. Entry information becomes property of Sponsor. All federal, state and local regulations apply.
GENERAL CONDITIONS OF ENTRY: All Entrants, as a condition of entry, agree that they have not been required to purchase any kind of product or service whatsoever in order to participate in and/or enter the Giveaway. The Giveaway Entities are not responsible for the actions of Entrants in connection with the Giveaway, including Entrants’ attempts to circumvent the Official Rules or any additional supplemental rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Giveaway. Persons found tampering with or abusing any aspect of this Giveaway, or whom Sponsor believes to be causing malfunction, error, disruption or damage may be disqualified. Additionally, any attempt to cheat the Giveaway, as determined in the sole and absolute discretion of Sponsor, may result in immediate disqualification of the Entrant, as well as other possible consequences, including disqualification from any and all existing and future Giveaway. ANY ATTEMPT BY A PERSON TO DAMAGE ANY WEBSITE (INCLUDING ANY SOCIAL MEDIA PLATFORM OR APPLICATION) OR UNDERMINE THE LEGITIMATE OPERATION OF THIS GIVEAWAYMAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK ALL LEGAL AND EQUITABLE REMEDIES FROM AND AGAINST ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor reserves the right, in its sole and absolute discretion, to disqualify (or terminate the prize of) any individual who is found to be, or suspected of, acting in violation of these Official Rules or any additional supplemental rules, or to be acting in an unsportsmanlike, obscene, immoral, or disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person.
Entrant further understands and agrees 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(s) are hereby expressly and forever waived. Entrant acknowledges that Section 1542 provides that: “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.” The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.
All giveaways and these Official Rules or any additional supplemental rules will be governed, construed and interpreted under the laws of the State of Tennessee, without giving effect to any choice of law or conflict of laws 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 Tennessee.
DISPUTE RESOLUTION: Entrants, Sponsor, Giveaway Entities, and the Released Parties (each, a “Party” and collectively the “Parties”) each agree to fully and finally settle all disputes only through binding arbitration; provided, however, the Sponsor shall be entitled to seek injunctive or equitable relief in the state and federal courts for Maury County, Tennessee and any other court with jurisdiction over the Parties. In arbitration, there is no judge or jury and review is limited. The arbitrator’s decision and award are final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The Parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to this Giveaway shall be resolved solely by binding arbitration conducted in English before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. (“JAMS”) or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a “Demand for Arbitration”, then either Party can elect to have the arbitration administered by the American Arbitration Association (“AAA”) or any other mutually agreeable arbitration administration service. If an in-person hearing is required, then it will take place in Murray County, Tennessee. The federal or state law that applies to these Official Rules will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn’t apply and the dispute must be brought in a court of competent jurisdiction for Maury County, Tennessee.
Scope, this agreement to arbitrate claims and disputes is intended to be broad and includes, without limitation, (i) claims or disputes relating to any aspect of the Giveaway, whether based in contract, tort, statute or any other legal theory, (ii) claims or disputes directly or indirectly arising from conduct or events that occurred prior to the effective date of these Official Rules or any additional supplemental rules (including, without limitation, claims relating to advertising), or after its termination, (iii) claims or disputes subject to class action litigation in which you are not currently a member of a certified class, and (iv) claims or disputes with any agent, employee, successor or assign of you, the Sponsor, or the Giveaway Entities (all such claims and disputes are referred to collectively as “Claims”). This agreement to arbitrate does not, however, include Sponsor’s Claims pertaining to intellectual property rights.
No Preclusive Effect. No award or finding or stipulation of fact by the arbitrator will have any preclusive or collateral estoppel effect in any other arbitration or court, unless it involves the exact same parties.
Severability, If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, 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 or illegal provision were not contained herein.
Notwithstanding the foregoing, Sponsor may seek equitable relief in any court of competent jurisdiction.
LIMITATION OF LIABILITY: BY ENTERING THE GIVEAWAY, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE GIVEAWAY, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED FIVE DOLLARS ($5.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (C) 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 NOT TO EXCEED FIVE DOLLARS ($5.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (D) ENTRANTS’ 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 YOU.
WINNERS LIST: Prize Winner will be announced on the Sponsor’s website and/or social media pages after Prize Winner has been verified and the Prize claimed. The winners’ list will be available after winner validation has been completed upon request.
SPONSOR: This Giveaway is sponsored by Tactical Freesh, LLC, 22 Public Square STE 11, Columbia, TN 38401. Reference to third parties in connection with prizes and/or third-party websites or services are for reference and identification purposes only and not intended to suggest endorsement, sponsorship, or affiliation with Sponsor or the Giveaway.
Tactical Freesh, LLC and their logos are trademarks of Tactical Freesh, LLC. All trademarks, service marks, logos, products, or service names are the property of their respective owners. All Rights Reserved. This Giveaway is in no way sponsored, endorsed or administered by, or associated with Twitter, Inc., Facebook, Inc., Instagram, Inc., or any other third-party not specifically designated by Sponsor. Information is being provided solely to Sponsor in accordance with these Official Rules.
This Giveaway is in no way sponsored, endorsed or administered by, or associated with any of the brand or products used in the Giveaway.
© 2022 Tactical Freesh, LLC. All rights reserved. These Official Rules may not be copied, edited, or used for any other purpose, commercial or otherwise, without the express written consent of Devvly, LLC.