PHANTOM GRAND GIVEAWAY
OFFICIAL RULES
Phantom Fireworks 2009 Grand Giveaway Promotion
1. Time Period; No Minimum Purchase Necessary. The Phantom Grand Giveaway
promotion will be open for entries from June 15, 2009 to July 5, 2009 at midnight.
No purchase of any kind shall be required to enter the Promotion. Purchasing any
products or more products from the Sponsor will not improve your chances of winning.
The Entry Forms must be turned in to a Phantom Fireworks Showroom location, tent
location or stand location by midnight on July 5, 2009.
2. No Affiliation with Sears-Kmart. The Promotion is not sponsored by, approved
by, or affiliated with Sears-Kmart, or its parent, subsidiaries, or affiliates.
The Sears and Kmart names and logos are trademarks owned by Sears-Kmart; and the
Sponsor is asserting no claim in or to said trademarks.
3. Eligibility. This Promotion is open only to members of the public 18 years
of age and older. No purchase, minimum or additional purchase is required. Directors,
officers, employees and agents of the Sponsor, the parent, subsidiaries and affiliates
of the Sponsor, any marketing company involved in the promotion, as well as family
(defined as spouse, children, parents and siblings) and household members of same,
are ineligible to participate in the Promotion and are ineligible for the prize.
The Sponsor reserves the right to determine eligibility based on these criteria.
By participating, participants fully and unconditionally agree to and accept these
Official Rules and the decisions of the Sponsor, which are final.
4. How to Enter. Individuals must visit the contest page at www.fireworks.com.
You can access the contest page at http://www.fireworks.com/contest/ or by clicking
on the “contest” icon on the home page. That will take you to the Contest Page where
you will find the Official Entry Form. The Official Entry Form must be completely
filled out and submitted online to the Sponsor. The Sponsor will then send you an
official Entry Form, which must be printed out, signed, and turned in in-person
at any Phantom Fireworks Showroom location, tent location or stand location. Locations
of all showrooms, stands and tents can be found in the “Locations” section of www.fireworks.com
at http://fireworks.com/locations/. Only one entry will be permitted per valid email
address. Official Entry Forms may not be turned in at any Sears-Kmart location
or any other retailer carrying Sponsor’s products. The official Entry Forms must
be turned in in-person at a Phantom Fireworks showroom, stand location or tent location.
All email addresses collected will be used exclusively by the Sponsor and will not
be sold, distributed or otherwise disseminated.
5. Selection of Winners. Winners will be selected by random drawing on August
17, 2009. Five (5) separate winners will be selected from the entire national pool
of entries. Each winner will be required to complete and return a declaration of
eligibility and liability/publicity release within fifteen (15) days of notification.
A winner will forfeit eligibility, and an alternate winner will be selected in his/her
place if the Sponsor is unable to contact the winner within fifteen (15) days of
the first attempt to contact him/her, or if potential winner fails to complete and
return the declaration/release within the required time period. The Sponsor reserves
the right to disqualify any winner who does not meet the eligibility requirements.
Odds of winning depend on the total number of eligible entries.
6. The Prizes. There are five (5) prizes, each consisting of a one thousand
dollar ($1,000.00) face value gift card from Sears-Kmart, which cards are redeemable
at Sears-Kmart retail locations pursuant to the terms and conditions of the gift
cards. The prizes will be delivered to each winner via certified mail or overnight
delivery courier service at the address supplied by the participant on the Official
Entry Form. Winner will pay any and all expenses associated with the prize receipt
and use that are not specified herein. Winner shall be required to sign a receipt
acknowledging taking possession of the prize. Winner must take possession of the
prize within the time specified by Sponsor. In its sole discretion, Sponsor may
choose to substitute the prize with another gift card of equal face value from another
national retailer or national credit card company.
7. Winner Liability for Taxes. Winner will be responsible for any and all
federal, state and local taxes associated with the receipt of the prize, will be
responsible for payment of any sales taxes imposed on purchases made with the prize
gift card, and will have to supply a valid social security number or taxpayer identification
number for tax reporting purposes to the Sponsor.
8. Publicity. Participant’s acceptance of selection as a winner constitutes
participant's consent for Sponsor and Sponsor's designees to use participant's name,
address, likeness, voice and statements for promotional purposes in any media, worldwide,
without further payment or consideration, except where prohibited.
9. General Conditions. In the event that the operation, security or administration
of the Promotion is impaired in any way for any reason, Sponsor may, in its sole
discretion, suspend, modify and/or cancel the Promotion. Sponsor reserves the right,
in its sole discretion, to disqualify any participant it finds to have tampered
with the entry process or to have acted in violation of these Official Rules or
in a disruptive manner. Sponsor's failure to enforce any term of these Official
Rules shall not constitute a waiver of that or any other provision. In the event
that an entry is confirmed to have been erroneously lost or destroyed, participant's
sole remedy shall be another entry into the Promotion. If any provision of these
Official Rules is held to be invalid or unenforceable, such provision shall be stricken
and the remaining provisions shall be enforced.
10. Sponsor and Others Released from All Liability. Except as prohibited
by law, by participating in the Promotion, participants agree to release and hold
harmless the Sponsor, the parent, subsidiaries and affiliates of Sponsor, any marketing
company involved in the Promotion, Sears-Kmart, or any other company issuing a prize
gift card, and each of their respective directors, officers, employees and agents
(collectively, the "Released Parties"), from and against any claim or
cause of action arising out of participation in the Promotion or the receipt or
use of any prize, including, but not limited to: (a) unauthorized human intervention
in the Promotion; (b) technical errors; (c) printing or typographical errors; (d)
errors in the administration of the Promotion; (e) late, lost or undeliverable mail;
and (f) loss, injury or damage to persons or property which may be caused, directly
or indirectly, in whole or in part, from participation in the Promotion or the receipt
or use of the prize. Participants waive the right to claim any damages whatsoever,
including but not limited to punitive, consequential, direct or indirect damages.
11. Disputes. Participants agree that any dispute arising out of the Promotion
shall be resolved by an appropriate court located in the State of Ohio. The laws
of the State of Ohio, without regard to any conflict of law rules, shall apply.
Except where prohibited, participants agree that any and all disputes, claims and
causes of action arising out of the Promotion or any prize awarded shall be resolved
individually, without resort to any form of class action.
12. Identification of Prize Winners. For the names of the winners, send a
self-addressed stamped envelope, postmarked by December 31,2009, to: B.J. Alan Company,
attention: Winner List -- 2009 Website Promotion, 555 Martin Luther King, Jr. Blvd.,
Youngstown, Ohio 44502-1102
13. Validity of Promotion. The Promotion shall be void where and to the extent
prohibited by law.
14. Sponsor. B.J. Alan Company dba Phantom Fireworks, 555 Martin Luther King,
Jr. Blvd., Youngstown, Ohio 44502-1102.
