YEE YEE APPAREL SUPER FAN APPRECIATION PROMOTION
OFFICIAL TERMS AND REGULATIONS
The Yee Yee Apparel Super Fan Appreciation Promotion (“the “Promotion”) was created to provide Yee Yee Apparel’s top customer for 2019 (as far as total money spent on the Yee Yee Apparel website (the “Website”)) a unique Fly Away experience at the Yee Yee World Headquarters (the “Event”). The Promotion is neither a contest nor a sweepstakes—Yee Yee Apparel will select the customer who will participate in the Event (the “Super Fan”) by determining the customer who purchased the most product (in aggregate purchase amounts) during 2019. THE PROMOTION IS VOID WHERE PROHIBITED BY LAW. READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCEPTING PARTICIPATION IN THE PROMOTION AND EVENT. THIS CONTRACT INCLUDES INDEMNITIES TO THE SPONSOR FROM YOU AND A LIMITATION OF RIGHTS AND REMEDIES.
- PROMOTION SPONSOR: Yee Yee Apparel, LLC (“Sponsor”).
- PARTICIPATION: Participation is limited to individual residents of the Continental United States and entities (i.e., associations, companies, etc.) are not eligible. Any individual who has made a purchase from the Website is eligible for selection as the Super Fan. However, a purchase from the Web Site will not increase the “odds” of being selected as the Super Fan because the Promotion is not based on chance or “odds.” If an individual who is notified of being selected as the Super Fan does not wish to participate, he or she may choose not to participate in being deemed the Super Fan or participating in the Event. In such case, the Sponsor will select the individual with the second most total money spent on the Website in 2019 as the Super Fan. If the second individual selected does not wish to participate, Yee Yee will continue that selection process (i.e., to the individual with the third most total money spent and so on) until the selected Super Fan notified elects to participate. Only one individual will ultimately participate as the Super Fan. By agreeing to participate in the Promotion and Event, an individual agrees to be bound by these Terms and Regulation (“Rules”) and will be required to sign a release in consideration for participation.
- LIMITATIONS: Purchases that have been returned, for any reason, are not eligible for consideration in determining and selection of the Super Fan. Gross amounts in payment actually received for purchases, and not listed purchase amounts, are used in calculating and determining the Super Fan. Accordingly, if Sponsor did not receive payment for a particular purchase, such purchase shall not be included in the determination of the Super Fan. Purchases made through the Website prior to the start or after the end of calendar year 2019 shall not be considered. Open only to residents where such selection program is not prohibited by law. Void where prohibited or restricted by law and subject to all applicable international, federal, state, local and municipal laws and regulations. The Promotion and Event shall be subject to the laws of the State of Texas.
- EVENT: The Super Fan selected from responses will be invited to attend the Event at Yee Yee Apparel’s World Headquarters outside of Austin, Texas. The Event will include spending “hang out” time with artist Granger Smith, participating at the location’s shooting range, and riding all terrain vehicles, and similar activities. Sponsor will pay for round trip airfare from an airport in the Continental United States within a Two Hundred Fifty (250) mile radius from the Super Fan’s residence or another airport upon which Super Fan and Sponsor may mutually agree (“Home Airport”) to Austin-Bergstrom International Airport in Austin, Texas (the “Airport”). Sponsor shall provide one night accommodation at a hotel selected by Sponsor in reasonable proximity to the Airport (the “Hotel”) and transportation to and from the Hotel and Yee Yee Apparel World Headquarters (the “Event Location”). The Super Fan shall be responsible for all purchases or expenses, incidentals, or food and drink, not expressly set forth herein including, without limitation, transportation to and from the Home Airport and transportation to and from the Airport and the Hotel, and any incidentals incurred at the Hotel.
Terms and Conditions:
An individual selected as the Super Fan must be at least eighteen (18) years old; an individual must bring a valid form of identification to prove identity and comply with all applicable security requirements and instructions. Selection for the event is not redeemable for cash or other consideration and is not transferable.
- INVITEE: The individual selected to attend will be notified by e-mail or telephone call. The individual selected must execute a release agreement and agree to comply with all applicable security rules and processes. If an individual selected for participation refuses or fails to sign the applicable release, the Sponsor shall rescind the invitation to attend. The selected Super Fan is solely responsible for any and all applicable taxes, as well as any fees/incidentals not included in participation in the Event.
- CONDITIONS: By accepting selection as the Super Fan, he or she will be required to agree (i) to release, indemnify and hold harmless the Sponsor, Granger Smith, and affiliated individuals and entities (the “Releasees”) from any and all liability for claims, injuries, losses or damages of any kind, including without limitation, death and bodily injury, resulting, in whole or in part, directly or indirectly, participation in the Event or any Event-related activity or travel; (ii) the Sponsor does not make any representation, warranty or guarantee, express or implied, relating to the selection process or the Event; (iii) an individual’s acceptance of the selection as Super Fan constitutes the grant to Sponsor and its assigns of an unconditional right to use selected individual’s name, address (city and state only), voice, likeness, photograph, biographical and prize information, statements about the Promotion and Event without additional compensation, except where prohibited by law; (iv) the Releasees are not responsible for any inability of any individual to accept or attend the Event for any reason; (v) the Sponsor has the right, at any time and at its sole discretion, to disqualify any individual it suspects to be doing any of the following: (a) violating the Rules; (b) refusing to execute any required release or failing to comply with such release; (c) acting in bad faith or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person or (d) for any other good cause as determined solely by the Sponsor; (e) all disputes, claims and causes of action at law or in equity (individually, a “Claim”) arising out of or relating to the Promotion or Event, the meaning or interpretation of the Rules shall be resolved by applying the laws of Texas without regard to conflict-of-law provisions therein, and shall be solely and exclusively brought in the state or federal courts within that state.
- MISCELLANEOUS: The invalidity or unenforceability of any provision of these Rules or any required documents pursuant to these Rules will not affect the validity or enforceability of any other provision. In the event that any provision of the Rules or any required document is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor’s failure to enforce any term of these Rules will not constitute a waiver of that provision.