TERMS AND CONDITIONS
2021 TRI STATE RESTORATIONS, LLC PREMIER REFERRAL PROGRAM BONUS DRAWING
NO PURCHASE BY ENTRANT NECESSARY TO ENTER OR WIN.
A PURCHASE OF ANY KIND BY ENTRANT WILL NOT INCREASE ENTRANT’S CHANCES OF WINNING.
VOID WHERE PROHIBITED.
1. Overview: These Terms and Conditions apply to the 2021 Tri State Restorations, LLC Premier Referral Program Bonus Drawing (the “Bonus Drawing”). By entering, entrant agrees that s/he has read, accepted, and will abide by and be bound by these Terms and Conditions and agrees that any dispute with regard to the conduct of the Bonus Drawing, interpretation or application of these Terms and Conditions or any other Bonus Drawing-related materials, or the award of any Prize (defined herein) will be submitted to Tri State Restorations, LLC, whose decision will be binding and final. The Bonus Drawing will be run in accordance with these
Terms and Conditions, which will prevail, govern, and control in the event of any inconsistency with any other Bonus Drawing-related materials.
2. Sponsor: The Bonus Drawing sponsor is Tri State Restorations, LLC (“TSR” or “Sponsor”), located at 22530 Gateway Center Drive, Suite 600, Clarksburg, MD 20871. The Bonus Drawing is in no way sponsored, endorsed, or administered by Harley-Davidson of Fort
Wayne; Harley-Davidson, Inc.; Snap-on Incorporated; YETI Coolers, LLC; or any of their respective present or former parents, subsidiaries, affiliates, predecessors, successors, assigns, or agents.
3. Eligibility: In order to enter the Bonus Drawing, an entrant must be a natural person who is eighteen (18) years of age or older as of the entry date and a legal resident of and currently residing in one of the fifty (50) United States or the District of Columbia (excluding Puerto Rico, all other U.S. Protectorates, and all U.S. Territories). Eligibility to enter the Bonus Drawing is further limited to duly existing members (or, sometimes, “referral partners”) of TSR’s Premier Referral Program who received a referral payment from TSR between January 1, 2021 – December 26, 2021, in accordance with one of TSR’s Premier Referral Program plans and during the Entry Period described below. For the avoidance of any doubt, participating in the Bonus Drawing is merely incidental to any above-described referral payment received by a duly existing member/referral partner of TSR’s Premier Referral Program. Entrants must possess a valid driver’s license issued by a U.S. state or the District of Columbia. By entering the Bonus Drawing, each entrant represents and warrants to Sponsor that s/he has either obtained or is eligible to obtain a motorcycle license and/or endorsement in the jurisdiction in which s/he resides at the time of entry. Employees of TSR and the immediate family members (spouse, parent, child, sibling, grandparent, and spouse or “step” of each) and those living in the same households of any such individuals (those persons whether related or not who live in the same residence for at least three months during the twelve-month period preceding the start date of the Bonus Drawing) are not eligible to participate in the Bonus Drawing. The Bonus Drawing is subject to all applicable federal, state, and local laws and regulations. Void where prohibited.
4. Bonus Drawing Entry Period: The Bonus Drawing entry period begins on January 1 2021, at 12:01 a.m. Eastern Time (“ET”) and ends December 26, 2021, at 12:00 a.m. ET (the “Entry Period”).
5. How to Enter: To enter the Bonus Drawing, during the Entry Period, sign up for TSR’s Premier Referral Program here: www.tristaterestores.com/prp or by phone at 866-818-1949 (toll free) and opt-in to the Bonus Drawing. Then, refer your clients currently facing a water, sewage, fire, smoke, or biohazard emergency to TSR between January 1, 2021 – December 26, 2021 during the Entry Period. Each eligible entrant will receive one Bonus Drawing raffle ticket for each job TSR converts from such eligible entrant’s client referral for water, sewage, fire, smoke, or biohazard services. Eligible winners must join TSR in person on December 26, 2021, for the live drawing during the Tri State Restorations Premier Referral Program 2021 End of Year Celebration held at Sponsor’s above-referenced location or as TSR may designate in writing in its sole discretion on www.tristaterestores.com. It is each entrant’s sole responsibility and not that of TSR to ensure entrant is aware of the final location selected by TSR for the Tri State
Restorations Premier Referral Program 2021 End of Year Celebration. There is a limit of one Bonus Drawing raffle ticket per client referral converted into a TSR job for water, sewage, fire, smoke, or biohazard services regardless of whether multiple services are
performed by TSR at any one job and regardless of whether TSR receives repeat business or additional referrals from any client originally referred to TSR from a duly existing member/referral partner of TSR’s Premier Referral Program. Sponsor is not responsible for (a) telephonic, electronic, or digital transmissions or entries that are lost, late, stolen, incomplete, illegible, damaged, garbled, destroyed, or misdirected; (b) any problems or technical malfunctions, errors, omissions, interruptions, deletions, defects, delays in operation of transmission, communication failures (including but not limited to failures or malfunctions of phone lines, telephone systems or other communications systems), destruction of or unauthorized access to, or alteration of, entries; (c) failed or unavailable hardware, network, software or telephone transmissions; (d) damage to entrants’ or any person’s computer; (e)
causes beyond Sponsor’s control that jeopardize the administration, security, fairness, integrity or proper conduct of the Bonus Drawing; (f) incorrect or inaccurate entry information whether caused by entrants or by any of the equipment or programming associated with or utilized in the Bonus Drawing; (g) any typographical or other error in the printing or advertising related to the
Bonus Drawing, in the administration or execution of the Bonus Drawing, or in the announcement/notification of the Prize (defined herein) winners; or (h) cheating or fraud by any participant. All incomplete or non-conforming entries will be disqualified.
Entries become the property of Sponsor and will not be returned. Sponsor reserves the right to void all entries made through any robotic, automatic, mechanical, programmed, or similar entry duplication method, and to disqualify any individual using such an entry method. Proof of submission of an entry does not constitute proof of receipt of entry by Sponsor. If there is a dispute as to the identity of entrant or a dispute, or potential dispute regarding the entry or any third-party rights, or if Sponsor has reasonable grounds for suspecting any breach or abuse of these Terms and Conditions by any person involved in an entry, the affected entry will be deemed ineligible in Sponsor’s sole discretion.
6. Prizes/Comparable Retail Price: The total number of Bonus Drawing prizes are one (1) 2020 Harley-Davidson Low Rider S Motorcycle (the “Grand Prize”); one (1) $500 Snap-on gift card (the “Silver Medal Prize”); and one (1) YETI Tundra cooler (the “Bronze Medal Prize”) (each, a “Prize” and, collectively, the “Prizes”). The total number of potential Bonus Drawing Grand Prize winners is one (1); the total number of potential Silver Medal Prize winners is one (1); and the total number of Bronze Medal Prize winners is one (1). The comparable retail price of the Grand Prize is $16,739.68, which may differ from the manufacturer’s suggested retail price. The comparable retail price of the Silver Medal Prize is $500.00. The comparable retail price of the Bronze Medal Prize is $250.00, which may differ from the manufacturer’s suggested retail price. There is a limit of one (1) Prize per eligible entrant.
7. No Purchase Necessary/Odds: No purchase is necessary of entrants to enter or win. A purchase of any kind will not increase an entrant’s chances/odds of winning. Entrants are not required to purchase goods or services from TSR, pay any money to TSR, or, where applicable, submit to a sales promotion effort of TSR to enter, win, or accept the Grand Prize, the Silver Medal Prize, or the Bronze Medal Prize. The odds of winning the Bonus Drawing depend on and will be determined by the number of eligible entries received during the Entry Period.
8. Bonus Drawing/Place of Selection/Notification of Bonus Drawing Winner: On December 26, 2021, during the Tri State Restorations Premier Referral Program 2021 End of Year Celebration, one (1) potential winner of the Grand Prize, one (1) potential winner of the Silver Medal Prize, and one (1) potential winner of the Bronze Medal Prize will be selected in a random drawing from among the Bonus Drawing raffle tickets assigned to all eligible entries received during the Entry Period and will be announced on December 26, 2021. The winner selection for each Prize will take place from Sponsor’s location at 22530 Gateway Center Drive,
Suite 600, Clarksburg, MD 20871, or as TSR may designate in writing in its sole discretion on www.tristaterestores.com. The potential Prize winners must be present at selection during the Tri State Restorations Premier Referral Program 2021 End of Year Celebration to win. It is each entrant’s sole responsibility and not that of TSR to ensure entrant is aware of the final location
selected by TSR for the Tri State Restorations Premier Referral Program 2021 End of Year Celebration. A properly executed affidavit/declaration of eligibility, release of liability, Prize acceptance form, and other tax-related information may be required of the Prize winner(s), where not prohibited, within five (5) days of issuance of the Bonus Drawing winner selection. Because the
value of the Grand Prize exceeds $600, the last four digits of winner’s social security number will be required in order to issue a Form 1099-MISC regarding the Grand Prize and may be necessary for other Prizes.
If the potential winner of any Prize fails to execute and return any required affidavit/declaration or other forms within the specified time, or if s/he is otherwise ineligible to receive a Prize, or if s/he fails to take delivery of the Grand Prize or any other Prize as specified below, that potential Prize winner will be deemed ineligible and the Prize will be awarded to an alternate Prize winner
selected during an alternate random drawing from the remaining eligible entries. An unclaimed Prize will not be awarded, nor will a Prize be awarded if an eligible entrant in compliance with these Terms and Conditions cannot be selected from the eligible entries received during the Entry Period.
Each Prize is non-transferable except in the sole discretion of the Sponsor. No substitution or cash equivalent is allowed. Sponsor reserves the right to substitute any Prize of the same approximate retail value. The decisions of Sponsor are binding and final on all matters relating to the Bonus Drawing
9. Additional Conditions: Each Prize winner is responsible for applicable taxes, title, tag, license, inspection, registration, auto insurance, retrieval, repair, and other fees associated with acceptance of each Prize. All operating costs associated with each Prize are the sole responsibility of each Prize winner. Sponsor will not have any responsibility or liability whatsoever for any property loss, damage, personal injury, or death, in connection with any Prize pursuant to the Bonus Drawing and/or any person’s participation in the Bonus Drawing.
ALL PRIZES ARE “AS IS” AND “WITH ALL FAULTS.” SPONSOR DOES NOT MAKE, NOR IN ANY MANNER IS IT RESPONSIBLE OR LIABLE FOR ANY WARRANTY, REPRESENTATION, OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW OR BY STATUTE, RELATIVE TO ANY PRIZE OR ITS MECHANICAL CONDITION, AND SPONSOR EXPRESSLY DISCLAIMS ANY AND ALL IMPLIED OR STATUTORY WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE. EACH PRIZE WINNER AGREES TO LOOK SOLELY TO THE MANUFACTURER, AND NOT TO TSR, FOR ANY WARRANTY.
Each Prize winner must, within 15 days of the issuance of the Bonus Drawing winner selection and successful verification of his or her eligibility to win the Bonus Drawing under these Terms and Conditions, take delivery of his/her Prize personally from Sponsor’s location at 22530 Gateway Center Drive, Suite 600, Clarksburg, MD 20871, during Sponsor’s normal operating hours. Sponsor shall not be responsible or liable for any expenses or delays associated with any Prize winner taking or failing to take delivery of a Prize. Each Prize winner will bear all risk of loss or damage to his/her Prize after successful verification of his or her eligibility to win the
Bonus Drawing under these Terms and Conditions.
10. Privacy: Personally identifiable information that is submitted by entrants as part of the Bonus Drawing will be used to administer the Bonus Drawing, select the winner(s), fulfill distribution of the Prizes, and make any disclosures required by law or as specified elsewhere in these Terms and Conditions.
11. Bonus Drawing Winner List: To receive the name of each Prize winner from Sponsor, please email firstname.lastname@example.org after December 26, 2021, but on or before June 26, 2022.
12. Publicity: Except where prohibited by law, the acceptance of any Prize constitutes permission for Sponsor to use such Prize winner’s name, hometown, city/county/state of residence, likeness, voice, statements, and other personally identifiable information for promotional, advertising, and marketing purposes, in perpetuity, in any media throughout the world without additional compensation, prize, incentive, consideration, consent or review.
13. Release/Covenant Not to Sue: Except where prohibited by law, by participating in the Bonus Drawing, (a) entrants release Sponsor and its respective parents, subsidiaries, affiliates, suppliers, dealers, distributors, advertising/promotion agencies, attorneys, Prize suppliers, members, managers, employees, and agents (collectively, the “Released Parties”) from any and
all liability for any claims, costs, injuries, losses, or damages, of any kind caused by entrants’ participation in the Bonus Drawing, including the unauthorized or illegal access to personally identifiable or sensitive information; (b) Entrants further agree that the Released Parties will have no liability whatsoever, and will be held harmless by entrants and their successors, assigns, children, next friend, heirs, and legatees against any liability, for any injuries, losses or damages of any kind, including, but not limited to, death or destruction of property resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse, or use of any Prize (including any travel or activity associated therewith). Each entrant, for himself/herself and his/her personal and legal representatives, heirs, successors, insurers, next of kin, and those for whom entrant might qualify as next friend, including entrant’s children, if any, hereby waives and covenants not to sue the Released Parties for any cause of action, claim, injury, damage, death,
or any other loss, now or in the future, arising from or related to the Bonus Drawing or any Prize.
14. Acknowledgment and Assumption of Risk: By participating in the Bonus Drawing, entrants acknowledge that acceptance, possession, misuse, or use of any Prize, like any motor vehicle, object, or device, may involve risks of serious injury or death, economic loss, or damage to personal or real property, each and all of which each entrant voluntarily assumes.
15. Indemnification: Except where prohibited by law, each entrant will defend, indemnify, and hold harmless Sponsor, its owners, officers, managers, members, employees, and agents, from and against any claims, actions or demands, including, without limitation, all reasonable attorney’s fees and costs, made by any third party due to or resulting from: (a) entrant’s participation in the Bonus Drawing, (b) entrant’s violation of these Terms and Conditions, or (c) entrant’s acceptance, possession, misuse, or use of any Prize.
16. Limitation of Liability: Except where prohibited by law, in no event will the Released Parties be liable for consequential or special damages, including, without limitation, any damages for loss of business profits, business interruption, or loss of business information. Under no circumstances will an entrant be permitted to obtain awards for, and hereby waives all rights to claim, punitive damages, attorneys’ fees, interest, costs, litigation expenses. Any damages claim or recovery is expressly limited to entrant’s actual out-pocket expenses, and entrant further waives all rights to have damages multiplied or increased.
17. Compliance with Applicable Disclosures: By participating in the Bonus Drawing, each entrant represents to TSR that it agrees to and will comply with any disclosures required by applicable law and regulation, including under Federal Trade Commission regulations set forth in 16 C.F.R. Part 255, to consumers/clients/customers such entrant refers to TSR under the Tri State Restorations, LLC Premier Referral Program or otherwise.
18. Relationship of the Parties: Participation in the Bonus Drawing does not create any special relationship between the parties (TSR and entrant(s)), such as a partnership, joint venture, or employee/employer relationship between the parties.
19. Disputes/Venue/Jury Waiver/Governing law: Each entrant agrees that (a) any and all disputes, claims, and causes of action arising out of or in connection with the Bonus Drawing or any Prize available thereunder, will be resolved individually, without resort to any form of class action, and any judicial proceeding shall be resolved individually, without resort to any form of class action; (b) s/he irrevocably and unconditionally submits to the exclusive jurisdiction of the courts of Montgomery County, Maryland, and waives any right to contest such venue/forum; (c) s/he irrevocably and unconditionally waives any right to request or have a jury trial in any action arising out of, relating to, or concerning the Bonus Drawing or any Prize available thereunder; (d) these Bonus Drawing Terms and Conditions shall be governed by the laws of the State of Maryland without regard to, or giving effect to, the application of its choice of law rules.
20. Severability/Headings: Any provision of these Terms and Conditions that is prohibited or which is held to be void or unenforceable will be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof. Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or
intent of any provision hereof.
21. Force Majeure: In the event the Sponsor is prevented from continuing with the Bonus Drawing, or the integrity and/or feasibility of the Bonus Drawing as planned is undermined by any event including but not limited to fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, or any federal, state, or local government law, order, or regulation, order of any court or jurisdiction, Sponsor has the right, in its sole discretion, to abbreviate, modify, suspend, cancel, or terminate the Bonus Drawing and may award the Grand Prize from among all eligible entries received up to that date.