Sweepstakes Official Rules
ALL FEDERAL, STATE, AND LOCAL LAWS AND REGULATIONS APPLY.
VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
NO PURCHASE NECESSARY TO ENTER OR WIN.
Please read these Official Rules carefully before entering a Tommy’s Express Sweepstakes (“Sweepstakes”). By entering the Sweepstakes, you agree that you have read, and are bound by the terms and conditions set forth below as if you had signed a written contract. If you do not agree to the terms and conditions set forth below, you may not enter the Sweepstakes.
The Sponsor (as defined herein) may modify the terms and conditions of these Official Rules as described below, and you agree to familiarize yourself with such modifications by reviewing, from time to time, the “Official Rules” posted at https://tommys-express.com/sweepstakesofficialrules (the “Website”).
- Void Where Prohibited or Restricted by Law: All federal, state, and local laws and regulations apply to the Sweepstakes. The Sweepstakes is void in any state or local jurisdiction where it is prohibited or restricted by law or regulation.
- No Purchase Necessary, No Cost to Eligible Entrants: There is no cost to any Eligible Entrant (as defined herein) to participate in the Sweepstakes or to win one of the items of value identified by the Sponsor (defined below) as a Sweepstakes prize (each such item being a “Prize”).
- Sponsor: This Sweepstakes is sponsored by either (a) the specific Tommy’s Express franchisee identified in an original, franchisee-authored internet post published on a dedicated internet web page and/or social media post that both links to the Website and announces the Sweepstakes (the “Post”) or (b) if no such franchisee is identified in the Post, then Tommy’s Express LLC, a Michigan limited liability company located at 648 South Point Ridge Road, Holland, Michigan 49423, support@tommys-express.com, (616) 369-8917. In either case, the sponsor of the Sweepstakes is referred to herein as the “Sponsor.” No person or company other than Sponsor is responsible for this Sweepstakes or the award of the Prize(s).
- Eligibility: The Sweepstakes is open only to legal residents of the United States (including the District of Columbia) (“Eligible Entrants”). If the total retail value of all the Prizes equals or exceeds $500, then residents of Rhode Island are excluded from the definition of Eligible Entrants. If the total retail value of all Prizes equals or exceeds $5,000, then residents of New York and Florida are also excluded from the definition of Eligible Entrants. Only Eligible Entrants may participate in the Sweepstakes. Any entry by a person not deemed to be eligible, or not submitted in strict compliance with these Official Rules shall be considered void and the entrant, whether eligible or not, shall be disqualified. Employees, officers, directors, attorneys, and agents of the Sponsor and its affiliates, subsidiaries, distributors, and advertising and promotion agencies, Sponsor-authorized parties associated with the design, administration, and/or fulfillment of the Sweepstakes (collectively, “Sweepstakes Entities”), and members of the immediate families of such persons (spouses, children, siblings, parents), and/or persons living in the same household as such persons, whether or not related are not eligible to enter the Sweepstakes. Note to Entrants: Participation in this Sweepstakes and acceptance of a Prize may be restricted by your employer’s policies regarding participation in trade promotions; you should consult with your employer before entering the Sweepstakes or accepting a Prize.
- How to Enter: No purchase is necessary to enter or win the Sweepstakes. To enter, Eligible Entrants must follow all of the instructions for entry provided in the Post. Alternatively, regardless of the method(s) of entry described in the Post, Eligible Entrants may enter the Sweepstakes by sending to Sponsor via U.S. Mail a white 3”x5” index card containing their name, State of residence, email address, and identifying the Sweepstakes they wish to enter. You may not enter more than one Sweepstakes per index card. Entries must be received by Sponsor within the timeframe identified in the Post (the “Sweepstakes Period”). If the Post does not clearly identify a timeframe, then the Sweepstakes Period expires at midnight on the 30th day following the date on which the Post was made publicly available. Eligible Entrants who submit an entry in conformity with these Official Rules called “Entrants.” No more Prizes than the number of Prizes identified in the Post will be awarded as a Prize as defined in these Official Rules. If the Post does not clearly identify a maximum number of Prizes, then Sponsor will not be obligated to award more than one Prize. Sponsor is not responsible for late, lost, misdirected, mutilated, incomplete, illegible or otherwise corrupt entries. All entries become the property of the Sponsor and will not be returned. Limit – One entry per Eligible Entrant: An Eligible Entrant may enter the Sweepstakes only one time. Multiple entries from the same Eligible Entrant will result in disqualification of such Eligible Entrant and the voiding of all entries from that Entrant.
- Winner Selection By Random Drawing/Prizes/Conditions/Odds of Winning: A random drawing from all Eligible Entries received during the Sweepstakes Period will be conducted by Sponsor or its delegee within the time period specified within the Post, or at most within 30 days following the Sweepstakes Period, to select one (1) potential winner of each available Prize (each being a “Prize Winner”).
- The Prizes: The Prize(s) and retail value of each will be listed in the Post. If the Post is ambiguous on the number of Prizes, the number is one. If it is ambiguous on retail value, the value is equal to the manufacturer’s suggested retail price or the then-current market price of the Prize (with preference given to the average price listed on Amazon.com, if applicable), whichever is lower. Eligible Entrants may contact Sponsor for clarification.
- Prize Winner Responsible for All Associated Costs: Each Prize Winner is responsible for all costs associated with accepting the Prize, including taxes, government surcharges, fees or expenses. Additionally, the Prize Winner is responsible for any other related costs or expenses related to the use of the Prize.
- Claiming Prize / No Substitution of Prize: If a Prize is not claimed by the applicable Prize Winner on or before midnight of the 30th day after Sponsor has sent notification of being a Prize Winner, it will be forfeited and the Sponsor, may, in the Sponsor’s sole discretion be awarded to another randomly selected Entrant. Prizes will not be awarded to any person, whether eligible or not, in any jurisdiction where this Sweepstakes is restricted or prohibited by law or regulation. Sponsor will not permit substitution, transfer or payment of a cash equivalent for a Prize except that the Sponsor, in its sole discretion, may substitute a Prize with a Prize of equal or greater value, as a result of the unavailability of the Prize or any component thereof, or for any other reason.
- Odds of Winning: The odds of winning the Prize depend on the total number of eligible Sweepstakes entries received during the Sweepstakes Period. Subject to the limitations in these Official Rules, the Prize will be awarded.
- Notification of the Prize Winner/Affidavit of Eligibility and Publicity Release: The Prize Winner will be notified by the same means of communication supplied with their entry, which in most cases will be an email address or social media account. (In the event of an entry submitted by index card, the listed email address will be used.) If Sponsor’s Prize notification is returned to Sponsor as undeliverable, the Prize will be forfeited. In the event that any Prize is forfeited, such Prize may, in the Sponsor’s sole discretion, be awarded to a randomly selected alternate Prize Winner. The Prize Winner’s name and/or photographs may be posted on the Sponsor’s website upon completion of the Sweepstakes. The Prize Winner will be required to execute and return a notarized Affidavit/Declaration of Eligibility/Release of Liability and a Publicity Release before receiving the Prize, as well as a W9 form if requested, or the Prize shall be forfeited. The Prize will also be forfeited in the event that any other lack of cooperation by the Prize Winner prevents or unreasonably complicates Sponsor’s efforts to deliver the Prize.
- Official Rules Subject to Modification by Sponsor: These Official Rules are subject to change without notice to any person, including persons who have already entered the Sweepstakes. All changes or modifications of these Official Rules will be posted on the Website.
- General Conditions of Participation in This Sweepstakes: The Sweepstakes and these Official Rules are subject to modification, cancellation, or limitation at the Sponsor’s discretion, with or without notice. The Sweepstakes is subject to these Official Rules and all federal, state, provincial and local laws and regulations (collectively, “Rules and Laws”). Except where prohibited by law, a Prize Winner’s entry and/or acceptance of a Prize constitutes permission of the Prize Winner for Sweepstakes Entities to use, without notice or further compensation, worldwide and in perpetuity, in any and all forms of media, now known or hereafter devised, such Prize Winner’s name, likeness, pictures, photographs, voice, biographical information, and statements for purposes of advertising, trade, promotion, and publicity. If, for any reason, the Sponsor finds that the Sweepstakes has become corrupted by entrants, fraud, technical failures, or any other causes, which corruption in the Sponsor’s sole opinion, affects the administration, security, fairness, integrity or proper conduct of the Sweepstakes, or the granting of a Prize or any component thereof, Sponsor reserves the right, in its sole discretion to disqualify any individual that Sponsor deems implicated in such action and/or to cancel, terminate, modify, or suspend the Sweepstakes or any portion thereof and to conduct the drawing and award the Prizes from all eligible, salvageable Sweepstakes Entries received (if any), prior to and/or after (as appropriate) the action taken by Sponsor or otherwise in a manner that is fair and equitable as determined by Sponsor. In the event that Sponsor determines that there are insufficient Entrants, Sponsor reserves the right, in its sole discretion, to not award any or all Prizes.
- Limitation of Liability: No liability or responsibility is assumed by Sponsor resulting from user’s participation or attempt to participate in the Sweepstakes. Sponsor is not responsible for any errors in these Official Rules, the Sweepstakes materials, or the announcement of a Prize Winner. As a condition of participation in the Sweepstakes, all Entrants, eligible or otherwise, agree: A) to fully and completely release Sponsor and its affiliated companies and officers, directors, employees, agents, inside and outside attorneys (collectively, “Released Parties”) from any and all liability, loss or damage incurred with respect to participation in this Sweepstakes and/or the awarding, receipt, possession, and/or use or misuse of a Prize; B) that under no circumstances will an Entrant be permitted to obtain awards for, and any participant hereby waives all rights to claim, punitive, incidental, consequential, or any other damages, other than actual out-of-pocket expenses; and C) that all causes of action arising out of, or connected with this Sweepstakes, or any Prize awarded shall be resolved without resort to any form of class action. BY ACCEPTING A PRIZE, A PRIZE WINNER ACCEPTS ANY AND ALL RISKS, INCLUDING THE RISK OF PERSONAL INJURY AND/OR DEATH ARISING OUT OF THE USE OF THE PRIZE, INCLUDING AIR TRAVEL AND HOTEL ACCOMODATIONS, AND AGREES THAT THE SWEEPSTAKES ENTITIES SHALL NOT, IN ANY WAY, BE RESPONSIBLE FOR ANY RESULTING INJURY AND/OR DEATH.
- Interpretation of Official Rules. All issues and questions concerning the construction, validity, interpretation and enforceability of the Official Rules or the rights and obligations of the Sponsor in connection with the Sweepstakes shall be governed by, and construed pursuant to, the sole discretion of the Sponsor, in accordance with the law of the State of Michigan.
- ARBITRATION; WAIVER OF INJUNCTIVE RELIEF; GOVERNING LAW: BY ENTERING THE SWEEPSTAKES, EACH ENTRANT AGREES THAT ANY CONTROVERSY OR CLAIM ARISING OUT OF, OR RELATING TO THESE OFFICIAL RULES, THEIR ENFORCEMENT, ARBITRABILITY, OR INTERPRETATION SHALL BE SUBMITTED TO FINAL AND BINDING ARBITRATION, TO BE HELD IN OR NEAR GRAND RAPIDS, MICHIGAN, AS DETERMINED BY SPONSOR, BEFORE A SINGLE ARBITRATOR UTILIZING THE RULES AND PROCESSES OF THE AMERICAN ARBITRATION ASSOCIATION. EACH PARTY SHALL BEAR HIS/HER OWN LEGAL EXPENSES IN SUCH ARBITRATION. The Sweepstakes, these Official Rules, and any cause of action arising from the Sweepstakes (whether in contract or in tort), shall be governed by, and construed in accordance with the laws of the State of Michigan, without giving effect to any choice of law or conflict of law rules.
- Rules/Winner Information: The identity of the Prize Winner and/or a copy of these Official Rules may be obtained by sending a self-addressed, stamped envelope to the Sponsor at its above-listed address.
- Collection of Information: Respecting your privacy is a priority for us. The information you provide to us upon successfully entering into the Sweepstakes is processed in our computer system in the United States. By entering and participating in the Sweepstakes, you consent to receive information sent to you by the Sponsor. However, you will be given the opportunity to opt out of emails from the Sponsor. You also agree to the terms of the privacy policy located here: https://tommys-express.com/privacy-policy
- Force Majeure: Without limiting any other provision in these Official Rules, the Released Parties are not responsible for or liable to any Entrant or Winner, or any person claiming through such Entrant or Winner, for failure to supply the Prize or any part thereof due to any Sweepstakes activity or event being affected, as determined by Sponsor in its sole discretion, by reason of, without limitation, (a) any acts of God; (b) any law, rule, action, regulation, order or request by any local, state or federal governmental or quasi-governmental entity or authority (whether or not the law, rule, action, regulation, order or request proves to be invalid); or (c) any other cause beyond the reasonable control of the Released Parties, whether or not specifically mentioned above.
- Social Media: The Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Facebook, Instagram, or any other internet forum in which information about the Sweepstakes may be shared (“Platform”). By entering, Entrant confirms that he or she is at least 18 years of age, or, if under the age of 18, has the signed approval of a parent or guardian over the age of 18 who, with full knowledge of these Official Rules, is allowing the Entrant to participate, and releases all Platforms of any responsibility arising from or in connection with the Contest and agrees to each applicable Platform’s terms of use.