Official Rules
National Fallen Firefighters Foundation
Full Throttle Support Sweepstakes
NO PURCHASE OR DONATION NECESSARY. A PURCHASE OR DONATION WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. Eligibility
The National Fallen Firefighters Foundation Sweepstakes (the "Sweepstakes") is open only to legal residents of the fifty (50) United States plus the District of Columbia. Entrants must be nineteen (19) years or older in Alabama, Wyoming, or Nebraska; twenty-one (21) years or older in Mississippi; or eighteen (18) years or older in all other jurisdictions of the United States, as of August 28, 2009. The directors, officers, employees, agents and representatives of the National Fallen Firefighters Foundation ("NFFF"); Pierce Manufacturing, Inc. and its parent, subsidiary, related, and affiliate companies ("Pierce"); Pierce Mfg. Inc. dealers, the advertising agencies for NFFF and Pierce; any entity or individual responsible for the design, production, execution or distribution of the Sweepstakes; and their immediate family members (defined as: spouse, parents and step-parents; siblings and step-siblings; and children and step-children) and household members (defined as: people who share the same residence at least three [3] months out of the year),are not eligible to enter or win. The Sweepstakes is void in Guam, Puerto Rico, the U.S. Virgin Islands, outside the United States and where prohibited or restricted by law. The Sweepstakes is subject to all applicable federal, state and local laws and regulations. By entering, the entrant certifies the entrant's eligibility and agrees to be bound by these Official Rules. The Sponsor reserves the right to verify the eligibility of the entrants. The Sponsor's decisions are final and binding in all matters related to the Sweepstakes.
2. Sponsor
The Sponsor of the Sweepstakes is the National Fallen Firefighters Foundation, 16825 S. Seton Avenue, P.O. Drawer 498, Emmitsburg, Maryland 21727-8920.
3. How to Enter
There are two ways to enter the Sweepstakes: (1) BY DONATING: You will be automatically entered in the Sweepstakes when you make a donation to the National Fallen Firefighters Foundation during the Sweepstakes Period, simply by following the instructions at NFFF.fullthrottlesupport.com. You will be entered one (1) time for each donation of ten dollars ($10.00), up to a total donation of two hundred dollars ($200.00) and a maximum of twenty (20) entries. Only one e-mail address per household will be eligible. (2) MAIL-IN ENTRY: Alternatively, you may enter by handwriting your name, address and home telephone number on a 3x5 card and mailing the card to: National Fallen Firefighters Foundation, P.O. Drawer 498, Emmitsburg, Maryland 21727. Limit: Limit of 20 mail entries per household. Normal Internet access, phone, and usage charges imposed by your online or phone service may apply. Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different email addresses, identities, registrations and logins, or any other methods, will void that entrant's play and that entrant may be disqualified. Any entrant, who uses or attempts to use an automated system to submit entries, submits entries on behalf of third parties or submits entries in bulk will be disqualified and all of that entrant's submissions will be void. In the event of a dispute as to any registration, the authorized account holder of the email address used to register will be deemed to be the registrant or player. The "authorized account holder" is the natural person assigned an email address by an Internet access provider, online service provider or other organizations responsible for assigning email addresses for the domain associated with the submitted address. Potential winners may be required to show proof of being the authorized account holder to the Sponsor or forfeit the prize. Entries using or identifying an invalid, non-working, or inactive email address will be disqualified. All entries become the sole and exclusive property of the Sponsor and will not be returned.
4. Start and End Dates: Deadline for Entry
The Sweepstakes starts August 28, 2009, 12:00 a.m. Eastern Time ("ET") and ends on March 31, 2010 at 11:59 p.m. ET.
Internet entries must be received by the Sponsor prior to 12:00 AM ET on March 31, 2010; mail entries must be postmarked no later than March 31, 2010 and received on or before April 5, 2010.
The Sponsor and its agencies are not responsible for lost, late, incomplete, damaged, stolen, misdirected, or illegible entries; lost, interrupted, or unavailable network, server, or other connections; garbled transmissions or miscommunications, and telephone transmission problems; computer or software malfunctions or damage to a user's computer equipment (software or hardware); incorrect or inadvertent deletion or filing of an entry; technical failures; or other errors and malfunctions of any kind whether human, mechanical, electronic, or otherwise.
Proof of sending or submission of entry will not be deemed proof of receipt by the Sponsor.
5. Winner Selection
On or about April 7, 2010, the Sponsor will select one (1) winning entry for the prize described in Section 8 below in a random drawing from all eligible entries. The potential winning entrant will be contacted within three (3) business days through the provided email address, or by telephone if the entrant did not provide an email address. The prize will be finally awarded on completion of the Sponsor's verification of eligibility and compliance with the terms of these rules. The Sponsor's decisions as to the administration, methodology of the Sweepstakes and the selection of the winner are final.
THE POTENTIAL SWEEPSTAKES WINNER IS SUBJECT TO VERIFICATION BY THE SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE SWEEPSTAKES.
6. Verification of Potential Winner
The potential winner must meet all Sweepstakes' requirements. Unless limited or prohibited by law, within five (5) days of notification of selection, the potential winning entrant must sign and return to the Sponsor, an affidavit of eligibility, and a liability/publicity release (except where prohibited) in the form provided by the Sponsor, and submitting all other documentation which the Sponsor reasonably requests. If the potential winning entrant cannot be contacted or fails to provide the Sponsor with all requested documentation within the required time period, (if applicable,), or if the prize or prize notification is returned as undeliverable, this potential winner will be found to have forfeited the prize and the Sponsor will follow the same methodology to select another winning entry.
7. Prize
GRAND PRIZE: A 2010 Harley Davidson® FLSTF Fat Boy® Motorcycle. The winner may not request a cash equivalent for the prize. The prize is non-transferable. Prize substitution is solely at the discretion of the Sponsor. The Sponsor reserves the right to substitute any listed prize for one of equal or greater value if the designated prize should become unavailable for any reason. Federal, state, and local taxes and any fees and expenses such as, but not limited to, registration, titling, insurance, and other related expenses to acceptance (and use of the prize not specifically stated herein) remain the sole responsibility of the winner. The Sponsor will not replace any lost or stolen prizes. The winner will be required to present a valid operator license and proof of insurance prior to delivery of the prize. The prize has an approximate retail value of $24,862.
8. Odds of Winning
The odds of winning depend on the number of eligible entries received.
9. General Conditions
This promotion is governed by the laws of the United States of America. The Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, due to fraud, suspected fraud, technical failures or any other factor beyond the Sponsor's reasonable control that impairs the integrity or proper functioning of the Sweepstakes, as determined by the Sponsor in its sole discretion. The Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. 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 Sweepstakes; or to be acting in violation of these Official Rules, or any other sweepstakes or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law. And, should such an attempt be made, the Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law.
10. Entry Conditions and Release
By entering, each entrant agrees to indemnify, release and hold harmless the Sponsor, Pierce Manufacturing, Inc., Harley-Davidson, Inc., their parent, subsidiary, and affiliated companies; any organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Sweepstakes; and the past and present directors, officers, employees, agents and representatives of each (collectively, the "Released Parties") from and against any and all claims and causes of action - including, but not limited to: negligent or intentional breach of privacy, (whether based on misappropriation, 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, property damage, or death or personal injury, arising from or relating to a an entrant's participation in the Sweepstakes and/or delivery of the prize.
11. Limitations of Liability
The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines, or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Sweepstakes; (4) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from the entrant's participation in the Sweepstakes or receipt or use or misuse of any prize. If for any reason an entrant's entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, the entrant's sole remedy is another entry in the Sweepstakes, provided that if it is not possible to award another entry due to discontinuance of the Sweepstakes, or any part of it, for any reason - the Sponsor, at its discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. No more than the stated number of prizes will be awarded.
12. Publicity
Unless prohibited by law, the winner shall be required to sign an agreement authorizing the Sponsor, Pierce Manufacturing, Inc., and Harley-Davidson, Inc., their parent companies, subsidiaries, affiliates, related companies, retailers, distributors, advertising and promotion agencies, suppliers, agents and representatives, the right and permission to print, publish, broadcast, and use, worldwide in any media now known or hereafter developed, including but not limited to: the worldwide web, (at any time or times), the winner's name, portrait, picture, voice, likeness, and biographical information for advertising, trade, and promotional purposes (including the announcement of his or her name on television or radio broadcast) without additional consideration, compensation, permission, or notification.
13. Disputes
The entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes, or any prizes awarded, other than those concerning the administration of the Sweepstakes or the determination of winners, shall be resolved individually, without resort to any form of class action; (2) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes, or any prizes awarded, shall be resolved exclusively by the United States District Court or the appropriate Maryland State Court; (3) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys' fees; and (iv) under no circumstances will the entrant be permitted to obtain awards for, (and the entrant hereby waives all rights to) claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses; and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and the Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Maryland, without giving effect to any choice of law or conflict of law rules (whether of the State of Maryland or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Maryland.
14. Entrant's Personal Information
Information collected from entrants is subject to the Sponsor's Privacy Policy which is available at www.FireHero.org. The Sponsor, Pierce Manufacturing, Inc., and Harley-Davidson, Inc., their agents, affiliates, subsidiaries, representatives and service providers may use the personal information submitted with entry for purposes of prize fulfillment and marketing of this Sweepstakes. The Sponsor will not sell personal information submitted with entry to outside solicitors.
15. Requests for Rules and Winners List
For a copy of the Official Rules, visit NFFF.fullthrottlesupport.com, or send a stamped, self-addressed envelope for receipt by April 1, 2010 to: National Fallen Firefighters Foundation, P.O. Drawer 498 Emmitsburg, Maryland 21727. For a winner list, send a hand-printed, self-addressed, stamped envelope to: National Fallen Firefighters Foundation, P.O. Drawer 498 Emmitsburg, Maryland, 21727. Requests for the winner list must be received by May 15, 2010. Vermont residents may exclude return postage.
Copyright ©2009 National Fallen Firefighters Foundation. Full Throttle Support is made possible through an agreement between the National Fallen Firefighters Foundation and Pierce Manufacturing, Inc.; and an agreement between the National Fallen Firefighters Foundation and Harley-Davidson, Inc. All rights reserved.