AMERIGAS THE BEST TAILGATE EVER PHOTO CONTEST
TERMS AND CONDITIONS
No purchase necessary. The AmeriGas The Best Tailgate Ever Photo Contest (the “Promotion”) is open to legal residents of the United States (excluding Puerto Rico, non-state U.S. territories, commonwealths and possessions, and any other jurisdiction in which this Sweepstakes is prohibited, requires registration, requires bonding or is in any other way restricted by law) who are at least eighteen (18) years old at the time of entry. You shall provide proof of age upon request by providing Sponsor with a copy of your valid state-issued driver’s license or other form of state-issued identification. Employees of AmeriGas, and other companies associated with 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. The Promotion is void where prohibited by law.
The Promotion is sponsored by AmeriGas Propane Inc., located at 460 N Gulph Road, King of Prussia, Pennsylvania 19406 (the “Sponsor”).
3. Agreement to Rules, Terms and Conditions
Participation in the Promotion constitutes entrant’s full and unconditional agreement to and acceptance of these Rules, Terms and Conditions and the decisions of the Sponsor, which are final and binding. Winning a prize is contingent upon being compliant with these Rules, Terms and Conditions and fulfilling all other requirements set forth herein. Sponsor may modify or amend these rules by posting substitute rules through a link available at http://www.ace.amerigas.com/.
4. Promotion Period
The Promotion begins on Monday, January 15 at 2:00 PM EST and eligible contestants may submit entries until Monday, January 29 at 11:00 AM EST (the “Entry Period.”) Entries submitted after the Entry Period will be disqualified. The Promotion ends on Wednesday, February 7 at 11:00 AM EST. The period between Monday, January 15 at 2:00 PM EST and Wednesday, February 7 at 11:00 AM EST is the “Promotional Period.”
5. How to Enter
To enter the Promotion, entrants may submit an original photograph showing their great propane tailgate set-up (the “Entry”.)
Entries must be submitted electronically as a Comment on the designated three (3) Promotion posts on facebook.com/AmeriGasPropaneTanks/ posted on the following dates:
- Monday, January 15, 2018 at 2:00 PM EST
- Saturday, January 20, 2018 at 1:00 PM EST
- Saturday, January 27, 2018 at 3:00 PM EST
Entrants may submit their Entry as a Comment on any of the designated three (3) Promotion posts any time from Monday, January 15, 2018 at 2:00 PM EST through Monday, January 29 at 11:00 AM EST. Entries submitted after this time will be disqualified.
Sharing, liking, loving or any other form of reacting to a Promotion post does not qualify as Entry. There is no limit on the number of Entries you may submit; however, each Entry must be substantially different from any other Entry you submit.
You must have a Facebook account to enter. If you do not have a Facebook account, you can create one by visiting www.facebook.com. Facebook accounts are free. The name of the "authorized account holder" associated with any given Facebook account and e-mail address will be deemed to be the Entrant and must comply with these Rules. The authorized account holder is defined as the natural person who is assigned the Facebook account by Facebook and the corresponding e-mail address by an Internet access provider, an online service provider, or another organization that is responsible for assigning e-mail addresses.
Minor burning, dodging and/or color correction is acceptable. Hand tinting is acceptable, as is cropping. Fish-eye lenses are acceptable. Any changes to the original Photograph not itemized here are unacceptable and will render the Photograph ineligible for a prize.
Obscene, provocative, or otherwise objectionable content will not be considered, and such determination is solely at the discretion of Sponsor.
The Entry must fulfill all Campaign requirements, as specified, to be eligible to win a prize. Entries that are incomplete or do not adhere to the rules or specifications may be disqualified at the sole discretion of Sponsor. Sponsor will not accept any submissions via e-mail, mail or telephone. You must provide the information requested. If you use fraudulent methods or otherwise attempt to circumvent the rules, your submission may be removed from eligibility at the sole discretion of Sponsor. Use of any automated system to submit entries is prohibited and will result in disqualification.
By entering this contest, you represent and warrant that your Entry is an original work of authorship, and does not violate any third party’s proprietary or intellectual property rights. If your Entry infringes upon the intellectual property right of another, you will be disqualified at the sole discretion of Sponsor. If the content of your Entry is claimed to constitute infringement of any proprietary or intellectual proprietary rights of any third party, you shall, at your sole expense, defend or settle against such claims. You shall indemnify, defend, and hold harmless Sponsor and their promotion agencies from and against any suit, proceeding, claims, liability, loss, damage, costs or expense, which Sponsor and their promotion agencies may incur, suffer, or be required to pay arising out of such infringement or suspected infringement of any third party’s right.
Grand Prize (1): $100.00 Home Depot Gift Card
First Runner Up (1): $25.00 Home Depot Gift Card
Prizes are not transferable and cannot be assigned, redeemed for cash or substituted except at the sole discretion of Sponsor. Prizes are awarded “as is” with no warranty/guarantee.
7. Judging Criteria
From the Entries received, the Sponsor will choose two (2) “Finalist Entries” based 100% on the quality of the photograph and extent to which the photograph conveys a great propane tailgate set-up.
Sponsor reserves the right to change the Finalist Entry selection method and has the sole right to determine Finalist Entries. Decisions of Sponsor are final.
8. Prize Award
On Saturday, February 3, 2018 at 11:00 AM the Finalist Entries will be made available on Facebook at facebook.com/AmeriGasPropaneTanks for voting. Sponsor will post one (1) Promotional Posts including each Finalist Entry. Each Finalist Entry will be randomly assigned a Facebook Reaction of “Love” or “Haha.” Facebook users may vote by choosing the Reaction corresponding with their preferred Entry through Tuesday, February 7, 2018 at 11:00 AM. The Entry with the most total of votes via specified Reaction at the end of the Promotional Period will be deemed the Grand Prize Winner.
Promotional Post Schedule:
Saturday, February 3, 2018 at 11:00 AM
Sharing, Liking, Commenting or Reacting to the post with any Reaction other than the voting Reactions described above on a Promotional Post does not qualify as a vote. Only one Reaction per Promotional Post will be eligible. The maximum number of votes per fan over the life of the Promotion is two (2). Sponsor will not accept any votes via e-mail, mail or telephone. Incomplete votes or votes in excess of the stated limitation will be void. You must have a Facebook account to vote. If you do not have a Facebook account, you can create one by visiting www.facebook.com. Facebook accounts are free. The name of the "authorized account holder" associated with any given Facebook account and e-mail address will be deemed to be the entrant and must comply with these Rules. The authorized account holder is defined as the natural person who is assigned the Facebook account by Facebook and the corresponding e-mail address by an Internet access provider, an online service provider, or another organization that is responsible for assigning e-mail addresses.
Finalists are prohibited from obtaining votes by any fraudulent or inappropriate means, including, without limitation, paying for votes; offering sweepstakes/contest entries, prizes or inducements; agreeing to exchange votes with another person; offering any consideration or incentive of any kind whatsoever to persons in exchange for votes; or other means, as determined by Sponsor in its sole discretion. Any attempt by a finalist, his/her family or friends, or any other individual to obtain votes using any mechanism that violates these Official Rules, or any other kind of fraudulent or inappropriate mechanism, as determined by Sponsor in its sole discretion, shall give Sponsor the right to void the votes in question and/or disqualify the finalist in its sole discretion. Votes must be entered manually through Facebook. Votes generated by script, macro, bot or other automated means or which subvert or impair the integrity of the voting process will be void, as determined by Sponsor in its sole discretion. Voting must be completed by the actual person casting the vote. A person may not vote on behalf of another person.
9. Winner Notification
The Sponsor will send notice to the potential winners via post Comment only on or about one (1) day from the end of the Promotional Period, (the “Notice”). The potential winners must follow the instructions contained in the Notice in order to validly claim their Prize. If the potential winners do not respond within seven (7) days after the date of the Notice or are otherwise determined by Sponsor to be ineligible to win a Prize, the prize will be considered forfeit. Once the Winner is confirmed, Sponsor will send the Prize to the Winner via mail. The winners are solely responsible for all federal, state and local taxes and other fees associated with the receipt of the Prizes. The potential winners must continue to comply with all terms and conditions of these Rules, Terms and Conditions and the award of the Prize is contingent upon fulfilling all requirements. In the event that a potential winner is disqualified for any reason, Sponsor reserves the right not to award the Prize to an alternate winner. It is the sole responsibility of the entrant to notify Sponsor if his or her contact information changes.
10. General Condition
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 Rules, Terms and Conditions 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 Rules, Terms and Conditions 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 attorneys fees) and any other remedies from any such person to the fullest extent permitted by law. Promotion may be cancelled, modified, terminated or suspended if Facebook changes their rules or guidelines during the course of the Promotion so as to interfere with Sponsor's intended conduct of this Promotion. Failure by the Sponsor to enforce any provision of these Rules, Terms and Conditions shall not constitute a waiver of that provision. Sponsor reserves the right to cancel or modify the Promotion if fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity of the Promotion, as determined by Sponsor in its sole discretion. In such event, Sponsor reserves the right to award the Prize from among the eligible entries received up to the time of the impairment. Sponsor reserves the right, in its sole discretion, to disqualify any individual found to be tampering with the entry process or the operation of the Promotion or to be acting in violation of these Rules, Terms and Conditions. Sponsor’s failure to enforce any term of these Rules, Terms and Conditions shall not constitute a waiver of this provision.
11. Release and Limitations of Liability
By participating in the Promotion, entrants agree to release and hold harmless the Sponsor, Facebook, each of the companies featured in the Promotion 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, successors, assigns 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) text messages; (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, or text messages 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 attorneys’ fees. Released Parties are 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. Except where otherwise provided by law, Sponsor excludes all warranties of any kind, whether express or implied. No representations or warranties of any kind are made (and are hereby expressly disclaimed) with respect to the Promotion.
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 Pennsylvania. All issues and questions concerning the construction, validity, interpretation and enforceability of these Rules, Terms and Conditions, entrants 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 Pennsylvania, 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 Pennsylvania.
14. Sponsor Ownership of Entries
Entries, along with all copyright, trademark and other proprietary rights associated therewith, become the property of the Sponsor upon submission, and entries will not be returned to any entrant. Without limiting the generality of the foregoing, you acknowledge that the Sponsor will own all rights to use, modify, reproduce, publish, perform, display, distribute, make derivative works of and otherwise commercially and non-commercially exploit the entries in any manner or medium now existing or hereafter developed, without separate compensation to you or any other person or entity. Sponsor’s use of the entry may include, but shall not be limited to, use on the Sponsor's Facebook page.
15. Winners’ Information
After the winners have been selected and verified, the winners’ name will be made publicly available by the Sponsor, such as through Internet websites, newspaper advertisements, and other methods of distribution, and used for promotional or marketing purposes.
16. Use of Winners’ Name, Likeness, etc.
Except where prohibited by law, entry into the Promotion constitutes permission to use winners’ name, likeness and/or prize information, without limitation, for promotional purposes without further permission or compensation. As a condition of being awarded any prize, except where prohibited by law, the winners may be required to execute and deliver to Sponsor, written consent to use their name, likeness and/or prize information, without limitation, for promotional purposes without further permission or compensation.
17. Affidavits and Release of Liability
As a condition of being awarded the Prize, the winner may be required to execute and deliver to Sponsor a signed affidavit of eligibility and acceptance of these Rules, Terms and Conditions and release of liability.
This Promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook. By participating, you hereby release and hold harmless Facebook from any and all liability associated with this Promotion.
19. Prize List
You may obtain a list of the winner and/or a copy of these Rules, Terms and Conditions through the United States mail by sending a self-addressed, business sized stamped envelope to:`
AmeriGas The Best Tailgate Ever Contest – Promotion Rules
AmeriGas Propane Inc.
460 N Gulph Rd.
King of Prussia, PA 19406
Requests for the winner list must be received before May 15, 2018.