General Conditions
By entering, each participant accepts and agrees to be bound by these rules and by the decisions of Thorntons, which shall be final and binding in all respects. Further, each participant also acknowledges and agrees to the Thorntons Men’s Basketball Bracket Challenge Terms of Use. Taxes, if any, are the sole responsibility of the Prize Winner. No substitution or transfer of a prize is permitted. Thorntons Inc. reserves the right to substitute the Prize for one of equal or greater value in the event that the advertised prize is unavailable.
Before issuance of any prize, the potential winner will be required to sign and return, within thirty (30) days of notification, the Affidavit of Eligibility, Publicity/Liability Release and all reasonable and necessary forms regarding the potential winner’s tax obligations. Failure to return such documents within the specified time period, noncompliance with these Official Rules, the return of the Prize or prize notification or if the potential Prize Winner declines the Prize for any reason may result in the Prize being awarded to an alternate Prize Winner.
Except where prohibited by law, the Prize Winner's acceptance of the Prize constitutes permission for the Sweepstakes Entities to use Prize Winner's name, photograph, likeness, statements, biographical information, voice, and address (city and state) worldwide and in all forms of media, in perpetuity, without further compensation. Participants agree to Administrator's use of their names and likeness for advertising and publicity purposes, without additional compensation, unless prohibited by law.
All federal, state, and local laws and regulations apply.
Thorntons is not responsible for lost, late or misdirected on-line entries or transactions, for incorrect, inaccurate or incomplete entry information whether caused by a contestant, equipment, or technical malfunction or for any human error, technical error or malfunctions. Thorntons reserves the right to halt or modify the Sweepstakes at any time during the Sweepstakes period if events beyond their control compromise the Sweepstakes’ fairness or integrity. In the event that a scheduled game is canceled or not played for any reason, no points will be awarded for that game or the affected teams.
Thorntons is not responsible for typographical or other human or technical errors in the offer or administration of this Sweepstakes, including but not limited to errors in advertising, the Official Rules, the selection and announcement of the Prize Winner or the distribution of the Prize.
Thorntons, in its sole discretion, may disqualify any participant from participating in the Sweepstakes, refuse to award points or the Prize, and require the return of any part of the Prize, if participant engages in any conduct Thorntons deems to be improper, unfair or otherwise adverse to the operation of the Sweepstakes or detrimental to other participants. Such improper conduct includes, but is not limited to, falsifying personal information required during Sweepstakes registration or Prize claim, violating any term or condition stated herein, accumulating points or prizes through methods such as automated computer scripts or other programming techniques, allowing others to use the participant's personal information for the purpose of accumulating points or prizes, tampering with Thorntons’ administration of this promotion, or intentionally trying to defraud, reverse engineer, disassemble, decompile or otherwise tamper with the computer programs on this Web site. Participant further acknowledges that the forfeiture of the Prize and/or return of any part of the prize shall in no way prevent Thorntons from pursuing other avenues of recourse such as criminal or civil proceedings in connection with such conduct.
Thorntons reserves the right to modify these rules for clarification purposes without materially affecting the terms and conditions of the Sweepstakes. This Sweepstakes is not affiliated with or endorsed by the NCAA* or any NCAA team. This is a skill game designed to increase consumer awareness of or interest in Thorntons branded gas stations.
This Sweepstakes may not be used for any form of gambling.
Rules/Winners Information
For winner information or an additional copy of the Official Rules, send a self-addressed, stamped envelope to: Thorntons Men’s Basketball Bracket Challenge Sweepstakes, c/o Marketing, 10101 Linn Station Road, Suite 200, Louisville, KY 40223. Specify "Rules" or "Winners List."
*NCAA is a registered trademark of the National Collegiate Athletic Association
Internet
If for any reason the Internet portion of the program is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Thorntons, each of its parent companies, affiliates, subsidiaries, and advertising, promotion and fulfillment agencies, including Aristotle, their digital advertising agency, (collectively, the "Sweepstakes Entities"), which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Sweepstakes, Thorntons reserves the right, at its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Sweepstakes. In such event, Thorntons further reserves the right to award prize to another eligible participant in accordance with these Official Rules.
The Sweepstakes Entities assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries or transactions. The Sweepstakes Entities are not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, or providers, computer equipment, software, failure of any e-mail entry or transaction to be received on account of technical problems or traffic congestion on the Internet or at any Web site, or any combination thereof, including any injury or damage to participant's or any other person's computer related to or resulting from participation or downloading any materials in this Sweepstakes.
Lost or Corrupted Entries
The Sweepstakes Entities assume no liability and are not responsible for, and you hereby forever waive any rights to any claim in connection with lost, late, incomplete, corrupted, stolen, misdirected, illegible or postage due entries or mail if applicable; or for any computer, telephone, cable, network, satellite, electronic or Internet hardware or software malfunctions, unauthorized human intervention, or the incorrect or inaccurate capture of entry or other information, or the failure to capture any such information. The Sweepstakes Entities are not responsible for any incorrect or inaccurate information, whether caused by registration information submitted by end users or tampering, hacking, or by any of the equipment or programming associated with or utilized in this Sweepstakes, and assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to the Sweepstakes.
Damaged Property
The Sweepstakes Entities assume no liability and are not responsible for, and you hereby forever waive any rights to any claim in connection with, injury or damage to any participants or to any other person's computer or property related to or resulting from participating in this Sweepstakes or downloading materials from this Sweepstakes.
CAUTION: ANY ATTEMPT BY A CONTESTANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE GAME IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THORNTONS INC. RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH CONTESTANT TO THE FULLEST EXTENT PERMITTED BY LAW.
In the event of a dispute, entries made by Internet will be declared made by the authorized account holder of the e-mail address submitted at time of entry. "Authorized account holder" is defined as the natural person who is assigned to an e-mail address by an Internet access provider, on-line service provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.
Any entry that is incomplete, late, or does not include a validly issued User ID will be disqualified.
In the event that the Sweepstakes is challenged by any legal or regulatory authority, Thorntons reserves the right to discontinue or modify the Sweepstakes, or to disqualify participants residing in the affected geographic areas. In such event, Thorntons shall have no liability to any participants who are disqualified due to such an action.
Sweepstakes Errors
The Sweepstakes Entities assume no liability and are not responsible for, and you hereby forever waive any rights to any claim in connection with, errors and/or ambiguity: (a) in the Sweepstakes; (b) in any related advertising or promotions of this Sweepstakes; and/or (c) in these Official Rules including but not limited to errors in advertising, the Official Rules, the selection and announcement of the winner or the distribution of the prize. In the event of any ambiguity(s) or error(s) in these Official Rules, Thorntons reserves the right to modify these Official Rules for clarification purposes or to correct any such ambiguity or error(s) without materially affecting the terms and conditions of the Sweepstakes.
Prize Winner and Prize
The Sweepstakes Entities assume no liability and are not responsible for, and you hereby forever waive any rights to any claim in connection with, the selection and announcement of the Prize Winner, the distribution of the Prize, the acceptance/possession and/or use/misuse of any part of the Prize and/or any injury or damage to any participant's or third person's property related to or resulting from any part of the Prize or any part of this Sweepstakes.
Release
Each participant in the Sweepstakes, including, without limitation, the prize winner, hereby releases and agrees to hold harmless the Sweepstakes Entities and their respective directors, officers, employees, representatives and agents from any and all liability for any injuries, loss or damage of any kind to person, including death, and property, arising in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of the Prize, participation in this Sweepstakes and participation in any activity related to this Sweepstakes.
Limitation of Liability and Disclaimer of Warranties
IN NO EVENT WILL THE SWEEPSTAKES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICE AND/OR THE SWEEPSTAKES, DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM THE SERVICE AND/OR THE SWEEPSTAKES. IN NO EVENT SHALL THORNTONS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED $100. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SWEEPSTAKES AND THE SERVICE INCLUDING THE PRIZE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.Governing Law, Jurisdiction and Venue
THESE OFFICIAL RULES AND THE INTERPRETATION OF ITS TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF KENTUCKY WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES. For any matters arising hereunder, the parties irrevocably submit and consent to the exclusive jurisdiction and venue of the KENTUCKY state and federal courts located in Jefferson County, Kentucky. The parties agree not to raise the defense of forum non-convenies.
Administrator/Prize Provider Mailing Address
THORNTONS INC., 10101 Linn Station Road, Suite 200, Louisville, KY 40223