1st Call Disaster Services Harley Davidson Motorcycle GiveAway Odds of winning will depend on the number of eligible entries received. Sponsor, 1st Call Disaster Services, located at PO Box 472, Hebron, KY 41048 (“Sponsor”), will conduct this Harley Davidson Motorcycle GiveAway (the “Contest”) substantially as described in these Official Rules (“Rules”). Participation in the Contest constitutes entrant’s full and unconditional agreement to, and acceptance of, these Rules. This Contest is an advertising promotion and may be temporarily postponed or discontinued at any time without prior notice. ALL FORMS MUST BE FILLED OUT COMPLETELY AND TRUTHFULLY. FAILURE TO COMPLETE THE APPLICATION AND PROVIDE TRUTHFUL AND PERTINENT INFORMATION MAY RESULT IN DISQUALIFICATION FROM THE CONTEST. DISQUALIFICATION IS IN SPONSOR’S SOLE DISCRETION. ELIGIBILITY: Participation is open only to legal residents of Indiana, Kentucky, and Ohio who are 18 or older as of the date of entry. Employees of the Sponsor, its parent companies, subsidiaries, and affiliates, their respective advertising and promotional agencies, and any vendors providing services in connection with this Contest, and each entity’s immediate family members and/or those living in the same household of each are not eligible. “Immediate family member” shall be deemed to mean spouse, mother, father, inlaws, grandmother, grandfather, brother, sister, children and grandchildren. Contest may only be entered in or from Indiana, Kentucky, and Ohio, and entries originating from any other jurisdiction are not eligible for entry. All federal, state, and local laws and regulations apply. Void outside of Indiana, Kentucky, and Ohio, and where prohibited, taxed or restricted by law. All entrants must be licensed plumbers in the states aforementioned and in good standing. CONTEST PERIOD: The Contest begins at 12:00 a.m. EST on August 1, 2016 and ends at 11:59 p.m. EST on December 31, 2016. HOW TO ENTER: During the Contest Period, from 12:00 a.m. EST on August 1, 2016 to 11:59 p.m. EST on December 31, 2016, refer a job to 1st Call Disaster Services worth more than $1,000.00, which is completed and paid within the Contest Period (“Entry”). Each Entry will give the entrant a “key,” which will guarantee the contestant one chance to participate in the Corn Hole Challenge. An entrant will receive one key for each Entry made within the Contest Period. Each entrant with one or more keys must attend, in person, the Corn Hole Challenge picnic or other such venue, to be determined, on __________________ at ___________________ to be eligible to win. Each key equals one chance to participate in the Challenge. The Challenge is that each contestant will receive 8 bags to throw, per key, and the entrant with the highest score will win the grand prize. The Challenge will be judged by the Seven Time World Champion corn hole champion and all rulings made by the judge will be final. The Challenge will be conducted substantially as follows: ● ● Each participant will use the boards and bags provided for play. Each participant will throw from a distance of 27' or greater. ● ● ● ● ● ● ● Each participant must choose to throw from the right or left lane and remain in lane for all 8 throws. Each participant will be given 8 bags to throw. Each player must pitch all (8) cornhole bags from their designated cornhole pitchers box. Participants must deliver the bag with an underhand release. One foot must be completely within the pitchers box at time of release Player must not cross the foul line with their feet before the bag has landed. No substitutions of players, bags or boards will be permitted. Scoring: The player with the highest score will be considered the winner. In the event of a tie: An (8) Bag Throw Off: If two or more players with the highest score have tied, these players will have a (8) bag throw off. Each player will receive all (8) bags to throw. These points will not be added to his or her previous score. The participant with the most points will be deemed the winner. Definitions: ● ● ● Woody: Refers to any cornhole bag that has been pitched and remains on the cornhole board playing surface at the conclusion of the frame. Each woody is 1pt. Cornhole: Refers to any cornhole bag that has been pitched and passes through the cornhole board hole at any time within the frame. Each cornhole is 3pts. Foul Bags: Refers to any cornhole bag that has not been determined as a "woody" or "cornhole", or was designated a foul bag as the result of rules violation. Designated Foul Bags: Refers to any cornhole bag that has not been determined as a "woody" or "cornhole", or was designated a foul bag as the result of rules violation. Bags contacting the ground before reaching the playing surface and bags pitched when a player has crossed the foul line are Foul Bags. If a foul bag lands on the playing surface or comes to rest touching the ground and the board, it must be removed immediately. Sponsor reserves the right to use any and all information related to the Contest, including information on entrants obtained through the Contest, for marketing purposes or any other purpose, unless prohibited by law. Sponsor reserves the right to contact entrants and all other individuals whose email address is submitted as part of this Contest. Entrants may optout of receiving promotional emails. PRIZES: One (1) grand prize winner will receive a ____________________, with an actual retail value of $_15,000__ (the “Prize”). Sponsor will work with winner, at the Challenge, to coordinate delivery of the Prize. The Prize as shown at the Challenge will be delivered. Winner will not have a choice of color, options, or upgrades. Title, taxes, registration, license and similar fees, and insurance costs are the sole responsibility of the winner. Prize is awarded “AS IS.” Sponsor does not offer any warranty or guarantee, either express or implied (including, without limitation, quality, merchantability and fitness for a particular purpose) in connection with this Contest or the Prize. Prize details and availability are subject to change, in which case a prize of equal value may be substituted at Sponsor’s sole discretion. Any options regarding the size, color, or other features of a prize that is not specifically listed herein will be selected by Sponsor in its sole description. Federal, state, or local taxes on prizes, if any, and any other costs, fees or expenses not listed above are the sole responsibility of each winner. WINNER NOTIFICATION: Winner(s) will be notified in person at the Challenge. If any winner rejects his/her Prize, or in the event of noncompliance with these Contest Rules, such Prize will be forfeited. Upon Prize forfeiture, no compensation will be given. If a winner is unavailable for prize fulfillment for at least 72 hours or if the prize is forfeited, Sponsor reserves the right to award the Prize to another winner, which will be the next highest score. If Sponsor cannot find an eligible winner for the Prize, the Prize will not be awarded. All results are unofficial until the winner is verified. PRIZE ACCEPTANCE/RESTRICTIONS: Only one winner per household. Winner is subject to verification by Sponsor of the winner’s name, age, address, phone number, and Social Security number (where the prize value is equal to or greater than $600.00). In order to claim his or her prize, each winner must return a signed Affidavit of Eligibility/Release of Liability and Publicity by email within 48 hours of notification, and may be required to provide a completed W9. At Sponsor’s discretion, a winner may be required to produce picture or some other form of proper identification to claim any prize. Failure to do so will disqualify the winner. No entries from individuals under the age of 18 will be accepted. If a winner is disqualified, Sponsor reserves the right to determine an alternate winner or to not award that winner’s prize at all. Prizes cannot be redeemed for cash or substituted for any other items by any winner. Sponsor reserves the right to substitute any Prize with another prize of equal or greater value. The Prize is nontransferable and no cash equivalent or substitution of prize is offered, except at the sole discretion of Sponsor. Costs of transportation and accommodations, where applicable, and any other cost not specifically included in the Prize are the sole responsibility of the winner and entrants. CONDITIONS OF ENTRY: By submitting an entry (including, without limitation any images, comments, or other content created and/or submitted by you) to Sponsor, whether complete or not and whether eligible or not, you represent and warrant to Sponsor and Sponsor Affiliates that your entry (including, without limitation, any content created and/or submitted by you): (a) is your original creation; (b) has not copied, in whole or in part, any other work, (c) does not violate or infringe any copyright, trademark, patent, trade secret, privacy or publicity right, or other proprietary or intellectual property right of any person or entity; (d) is not defamatory, libelous, obscene, or otherwise illegal, and (e) is your sole and exclusive property, subject to no other thirdparty rights. GRANT OF RIGHTS: Upon submitting an entry (including, without limitation any images, comments, or other content created and/or submitted by you), whether complete or incomplete, you grant to Sponsor the worldwide, nonexclusive, irrevocable, royaltyfree, perpetual license to copy, publish, distribute, promote, perform, edit, create derivative works of, or otherwise use portions of your entry (including, without limitation, any content created and/or submitted by you), without charge, for any purpose in connection with this Contest or Sponsor in any format, media or technology now known or later developed for the full term of any copyright that may exist in your entry (including, without limitation, any content created and/or submitted by you). PUBLICITY: By participating in the Contest, each entrant acknowledges that his/her entry in the Contest stakes constitutes that entrant’s consent for Sponsor to use, publish, reproduce and for all purposes, including publicity, promotion and advertising, in any media (including without limitation, the Internet, television or offline promotions), each winner’s name, likeness, photograph, voice, opinions, and/or hometown and state, and any portion thereof, each extending throughout the universe and in perpetuity without further compensation, credit or right of review or approval, except where prohibited by law. DELIVERY DISCLAIMER: Sponsor disclaims all liability for any delays, misdelivery, loss, or failure in the delivery of any item sent by mail, courier, express, electronic transmission, or other delivery method. Sponsor is not responsible for mechanical, technical, computer, hardware or software errors, malfunctions, or failures of any kind, including but not limited to failed, incomplete, garbled, or delayed transmission of entries, traffic congestion, viruses, sabotage, satellite failures, electrical outages, on telephone lines, on the Internet, at any website, or application or lost or unavailable network connections or natural disasters or acts of God or man, which may limit an entrant’s ability to participate in the Contest, and any injury or damage to entrant’s or any other person’s computer, person, or property related to or resulting from the Contest or participating in or downloading any information necessary to participate in the Contest. ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY CIRCUMVENT, DISRUPT, OR DAMAGE ORDINARY AND NORMAL OPERATION OF THIS CONTEST, TELEPHONE SYSTEMS OR WEBSITE, OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW AND TO DISQUALIFY ANY SUCH INDIVIDUAL FROM PARTICIPATION IN THE CONTEST OR ANY OTHER CONTEST. TAXES: Any valuation of the Prize above is based on available information provided to Sponsor, and the value of any prize awarded to a winner may be reported for tax purposes as required by law. All taxes, including federal, state, and local taxes, are the sole responsibility of the winner. Any person winning over $600.00 in total prizes will receive a 1099 form from Sponsor at the end of the calendar year and a copy of such form should be filed with the IRS. Each winner must provide Sponsor with valid identification, and a valid taxpayer identification number or Social Security number for total prizes valued at $600.00 or more, before any prize will be awarded. Sponsor shall have the right, but not the obligation, to require any winner to complete and submit an IRS form W9. Sponsor reserves the right to withhold the Prize until the completed W 9 form is received. CONDITIONS: Sponsor reserves the right, in its sole discretion, to cancel, terminate, or suspend this Contest or any portion hereof, or to disqualify any individual implicated in any of the following actions, if for any reason: (a) infection by computer virus, bugs, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes which, in Sponsor’s sole opinion, corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest, (b) the Contest or any website associated therewith (or any portion thereof) becomes corrupted or does not allow the proper processing of entries per these Rules, (c) the Contest becomes corrupted due to interruption in wireless calling devices or wireless service for any reason, or (d) the Contest is otherwise not capable of running as planned. By entering, entrants represent that they are eligible and agree to be bound by and comply with the Rules and the decisions of any judges, which are final on all matters pertaining to the Contest. Any entrant who attempts to tamper with this Contest in any way or use fraudulent means to participate in and/or win the Contest shall be disqualified. Sponsor reserves the right to disqualify any entrant at any time, for any reason, including, without limitation, language, activities or behavior deemed inappropriate. Entrants agree that Sponsor is not responsible and has no liability for cancellations, postponements, or delays. In the event that the Contest is terminated prior to the end of the Contest period, Sponsor reserves the right to award the prize to an entrant already entered by that time. Other than the prizes received by the winner, no entrant shall be entitled to receive any wages, benefits, fees or other compensation whatsoever as a result of participating in the Contest. Sponsor shall have the sole discretion to administer the Contest and interpret and apply the Rules. This Contest is not intended for gambling. If Sponsor determines that an entrant is using the Contest for gambling purposes, such entrant may be disqualified and reported to the authorities. INDEMNIFICATION/HOLD HARMLESS: By participating, entrants agree: (a) to the Rules and decisions of Sponsor, which shall be final in all respects; (b) to release, discharge, and hold harmless the Sponsor and its affiliates, parents, subsidiaries, advertising and promotional agencies, officers, directors, employees, representatives, and agents (the “Released Parties”) from all liability, injuries, losses or damages of any kind to persons, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright, or other intellectual property rights, death or property damage resulting in whole or in part, directly or indirectly, from the acceptance, delivery, possession, misuse, or use of a prize (including any travel or activity related thereto), or from participation in and/or entry into or creation of an entry for the Contest, the broadcast or exploitation or use of entry or any other Contest related activity, any typographical or other error in these Official Rules or any other materials disseminated by Sponsor, or for any cancellation, termination, or suspension of this Contest; (c) that the Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guaranty, expressed or implied, in fact or in law, relating to any prize; and (d) that entrants will not bring or participate in any class action(s) against the Released Parties relating in any way to this Contest. In consideration for his or her participation in the Contest, each entrant agrees to hold harmless and indemnify the Released Parties from any and all claims, demands and/or causes of action of any nature or kind whatsoever, whether presently known or unknown, foreseen or unforeseen, that arise out of the entrant’s participation in the Contest, including attorneys’ fees. LIMITATION OF LIABILITY: By participating, entrants agree that the Released Parties are not responsible or liable for: (i) any incorrect or inaccurate entry information or other errors in the printing, offering, or administration of the Contest or in the announcement of the prize(s), (ii) any error, omission, interruption, defect or delay in operation or transmission at any website, or wireless calling service, interrupted or unavailable network, server or other conditions, (iii) failure of any entry to be received by Sponsor due to technical problems, telephone service problems, human error, or wireless calling service, (iv) communication line, hardware and/or software failures, malfunction of phones (including wireless phones/handsets), phone lines, other communications malfunctions, unavailable network connections, cellular equipment towers, telephone systems or wireless service, (v) damage to any computer (software or hardware) resulting from participation in the Contest, or damage to mobile phone or other PDA device, (vi) theft or destruction of, tampering with, unauthorized access to, or alteration of entries and/or entry information, (vii) entries which are late, lost, stolen, damaged, illegible, and/or unintelligible (or any combination thereof), or (viii) any change of email address, mailing address, telephone number and/or any other contact information provided by entrant. Any expenses incurred by the entrant during the application process, including but not limited to postage, are the sole responsibility of each entrant and Sponsor will not issue reimbursement for any expenses. UNDER NO CIRCUMSTANCES SHALL THE RELEASED PARTIES BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, OR ATTORNEYS’ FEES. CHOICE OF LAW/FORUM: All entrants agree, by participation in the Contest, to submit to the personal jurisdiction of the courts of Kentucky and that they will not bring or participate in any class action(s) against the Released Parties relating in any way to this Contest. Kentucky law shall govern this Contest, without regard to Kentucky’s choice of law rules. The courts of Kentucky shall be the exclusive forum for any dispute regarding any Rule or activity associated with the Contest. OFFICIAL RULES: To request a copy of the Rules, send a legalsized selfaddressed stamped envelope to 1st Call Disaster Services, PO Box 472, Hebron, KY 41048, prior to the end of the Contest Period. Written copies of these Rules are also available online at www.1stcalldisasterservices.com. NAMES OF WINNERS: The name of the Contest winner will be provided within one week after the Challenge online at 1stcalldisasterservices.com or send a selfaddressed, stamped, businesssize envelope to: 1st Call Disaster Services, PO Box 472, Hebron, KY 41048. Requests must be received two weeks from end of the Contest Period. COMPLIANCE WITH LAW: The conduct of the Contest is governed by the applicable laws of the United States of America, which take precedence over any rule to the contrary herein. Sponsor shall follow the applicable laws for conducting Contest. RIGHTS RESERVED: The content, information, data, designs and code associated with the Contest and Contest website are protected by intellectual property and other laws. Any unauthorized use of copyrighted materials, trademarks, or any other intellectual property of Sponsor and/or others without the express written consent of its owner is strictly prohibited. 6568023.1
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