Terms and Conditions (“Official Rules”)
NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
THIS SWEEPSTAKES IS INTENDED FOR PLAY IN THE UNITED STATES ONLY AND WILL BE GOVERNED BY U.S. LAW. DO NOT ENTER IF YOU ARE NOT ELIGIBLE AND LOCATED IN THE UNITED STATES AT THE TIME OF ENTRY. BY SUBMITTING AN ENTRY, ENTRANT ACKNOWLEDGES THAT HIS/HER ENTRY MAY BE POSTED ON AMERIGAS’S WEBSITE AND/OR SOCIAL MEDIA CHANNELS, IN AMERIGAS’S DISCRETION.
1. Who Can Enter: The Sweepstakes is open to legal residents of the forty-eight (48) contiguous United States and the District of Columbia, who are at least eighteen (18) years of age (or the age of majority in the jurisdiction of his or her residence, whichever is older), as of the date of submission of their Entry (“Entrant(s)”). Entries will NOT be accepted from persons who are legal residents of Alaska or Hawaii. Employees, contractors, directors and officers of AmeriGas Propane, L.P. (“AmeriGas”), its parent, affiliates, subsidiaries, distributors, sales representatives, retailers, and advertising and all other service agencies involved with the Sweepstakes, and members of the immediate family (spouse, parent, child, sibling and their respective spouse), and household of each such employee are not eligible to participate. The Sweepstakes is subject to all applicable federal, state, and local rules, laws, and regulations.
2. How to Enter: The Sweepstakes shall begin at 10:00 a.m. ET on January 15, 2021 and end at 11:59 p.m. ET on April 9, 2021 (“Sweepstakes Period”). During the Sweepstakes Period, there are two (2) ways to enter the Sweepstakes:
Complete Questionnaire: If you purchased an Exchange, go to the following link: https://display.ugc.bazaarvoice.com/static/amerigas/main_site/en_US/container.htm?bvaction=rr_submit_review&bvproductId=exchange&bvcampaignId=Walmart_2021_Rev1&bvinjecteddata=%7B%22IncentivizedReview%22%3A%22True%22%7D and complete the questionnaire during the Sweepstakes Period. If you purchased a Spare, go to the following link: https://display.ugc.bazaarvoice.com/static/amerigas/main_site/en_US/container.htm?bvaction=rr_submit_review&bvproductId=spare&bvcampaignId=Walmart_2021_Rev1&bvinjecteddata=%7B%22IncentivizedReview%22%3A%22True%22%7D and complete the questionnaire during the Sweepstakes Period. Each qualified individual who successfully completes the questionnaire during the Sweepstakes Period will be automatically entered into the Sweepstakes.
Free Alternate Method of Entry Form: To enter without completing the Questionnaire, send a 3x5 postcard marked “AmeriGas Gift Card Sweepstakes” with your full name and email address to AmeriGas Propane, PO Box 965, Valley Forge, PA 19482, attn.: ACE Marketing. 3x5 card must be postmarked April 9, 2021 and received by April 16, 2021. No purchase necessary to enter.
Limit one (1) entry per person, per email address throughout the Sweepstakes Period, regardless of method of entry. Entries received in excess of this stated limitation will be void.
Entrants who do not follow all of the instructions or abide by these Official Rules or other instructions of AmeriGas may be disqualified. Carefully read these Official Rules. By submitting any Entry, you indicate your agreement to be bound by these Official Rules.
Entries must be submitted only by a single individual. No Entries by groups, clubs, businesses, or organizations will be accepted; joint Entries will not be accepted. Automated entries are not permitted. Submission of an Entry grants AmeriGas and its agents the irrevocable right to publish, use, adapt, edit and/or modify such Entry in any way, in any and all media, without limitation, and without consideration or notification to the Entrant.
3. How and When Winners Will Be Selected and Notified: Ten (10) potential prize winners will be selected by random drawing on April 19, 2021 from among all eligible Entries received during the Sweepstakes Period. The potential winner will be notified via the e-mail address provided by Entrant during the Entry process. Failure to respond to the notification e-mail within three (3) business days or inability by AmeriGas to send message notification after three (3) attempts will result in potential winner’s disqualification. Potential winners are subject to verification, including verification of age. Potential winners will be required to complete, sign, notarize and return within two (2) business days of transmission, an Affidavit of Eligibility, Release and Indemnification, and a Publicity Release where allowed by law, W-9 Form, if applicable, and any other documentation required by AmeriGas (collectively, “Verification Documents”). If a potential winner does not respond to the initial notification within three (3) business days as set forth above, if Verification Documents are not returned to AmeriGas within the specified time period, if any prize notification or prize is returned as non-deliverable, if a potential winner is found to be ineligible or otherwise not in compliance with these Official Rules, or if a potential winner cannot or does not accept the prize for any reason, the potential winners will be disqualified without compensation of any kind. In the event that a potential winner is disqualified for any reason, AmeriGas reserves the right to award a prize to an alternate Entrant, even if the disqualified potential winner’s name may have been publicly announced. AmeriGas is not responsible for any change of email address, mailing address and/or telephone number of Entrants.
4. Prize, Approximate Retail Values (“ARV”):
Ten (10) Prize Winners will each win one $100 gift card.
Once a winner is confirmed, a representative from AmeriGas will send out the prizes to the confirmed addresses on file.
APPROXIMATE RETAIL VALUE OF PRIZES: The approximate retail value (“ARV”) of the prize is $100. If the actual value of the prize is less than stated approximate retail value, the difference will not be awarded.
Prizes are non-transferable and no cash equivalent or substitution of prize is offered, except at the sole discretion of AmeriGas. ARV may be as of date of printing of these Official Rules. The difference in value of prizes as stated herein and value at time of prize notification or delivery, if any, will not be awarded. Gift cards are subject to issuer’s terms and conditions. Please see gift card for additional details. AmeriGas will choose the type of gift card awarded in its sole discretion. If a prize, or any portion thereof, cannot be awarded for any reason, AmeriGas reserves the right to substitute prize with another prize of equal or greater value. Prize winners will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the prizes they receive, regardless of whether it, in whole or in part, are used.
5. Additional Conditions: Void in AK, HI, and where prohibited by law. AmeriGas, its agencies and contractors are not responsible for technical, hardware, software or telephone malfunctions of any kind, lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications caused by a user or by any of the equipment or programming associated with or utilized in the intake or submission of Entries or by any human error which may occur in the processing of Entries or for any liability for damage to any computer system resulting from participation in, accessing or downloading information in submitting Entries. AmeriGas reserves the right, at its sole discretion, to modify or suspend this Sweepstakes or any portion hereof. AmeriGas reserves the right at its sole discretion to disqualify any individual who tampers or attempts to tamper with the Entry process, or who violates the Official Rules. AmeriGas’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. If, for any reason, the entry process is not capable of being implemented as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of AmeriGas which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Entry process, then AmeriGas reserves the right at its sole discretion to cease accepting Entries altogether, to suspend accepting Entries for a certain period of time or to otherwise accept Entries in a modified manner as determined by AmeriGas in its sole discretion and which is fair, appropriate and in compliance with these Official Rules.
6. Liability Release and Indemnification: THE PRIZE IS OFFERED AND PROVIDED “AS IS” WITH NO WARRANTY OR GUARANTEE BY AMERIGAS, EITHER EXPRESS OR IMPLIED. IN NO EVENT WILL AMERIGAS BE LIABLE TO ENTRANT FOR ANY DIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH ENTRANT’S PARTICIPATION IN THE SWEEPSTAKES, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT AMERIGAS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. YOU AGREE TO INDEMNIFY AND HOLD AMERIGAS, ITS SUBSIDIARIES, AND AFFILIATES, CONTRACTORS, ADVERTISING AND PROMOTIONAL AGENCIES AND EACH OF THEIR RESPECTIVE MEMBERS, EMPLOYEES, AGENTS, ATTORNEYS AND/OR OTHER PARTNERS, HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES, COSTS AND SETTLEMENT COSTS), DAMAGES, SUITS, COSTS, DEMANDS AND/OR JUDGMENTS WHATSOEVER, DUE TO OR ARISING OUT OF: (A) YOUR SUBMISSION OF AN ENTRY OR USE OF THE WEBSITE; (B) YOUR BREACH OF THESE OFFICIAL RULES; (C) THE RECEIPT, USE, OR MISUSE OF THE PRIZE OR ANY GOODS AND SERVICES DELIVERED AS PART OF THE PRIZE AND/OR (D) YOUR VIOLATION OF ANY RIGHTS OF ANOTHER INDIVIDUAL OR ENTITY. THE PROVISIONS OF THIS SECTION ARE FOR THE BENEFIT OF AMERIGAS, ITS SUBSIDIARIES AND/OR AFFILIATES, ADVERTISING AND PROMOTIONAL AGENCIES, AND EACH OF THEIR RESPECTIVE MEMBERS, EMPLOYEES, AGENTS, ATTORNEYS AND/OR OTHER PARTNERS. EACH OF THESE INDIVIDUALS AND ENTITIES SHALL HAVE THE RIGHT TO ASSERT AND ENFORCE THESE PROVISIONS DIRECTLY AGAINST YOU ON ITS BEHALF.
7. Release of Liability: BY SUBMITTING AN ENTRY, TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE (i) TO RELEASE AMERIGAS, ITS PARENT, SUBSIDIARY OR AFFILIATED COMPANIES, AND ADVERTISING AND PROMOTIONAL AGENCIES, CONTRACTORS AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES (COLLECTIVELY, THE “RELEASEES” OR “RELEASED PARTIES”), FROM ANY AND ALL CLAIMS AND LIABILITIES, LOSS OR DAMAGE ARISING FROM OR RELATING TO YOUR SUBMISSION OF AN ENTRY AND/OR ACCEPTANCE, RECEIPT, POSSESSION, USE OR MISUSE OF A PRIZE; (b) under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses; (c) all causes of action arising out of or connected with this Sweepstakes, or any prize awarded, shall be resolved individually, without resort to any form of class action; and (d) any and all claims, judgments, and award shall be limited to actual out-of-pocket costs incurred, excluding attorneys’ fees and court costs.
9. Publicity: Except where prohibited, participation in the Sweepstakes constitutes a winner’s consent to AmeriGas’s and its agents’ use of such winner’s name, likeness, Entry, photograph, voice, opinions and/or hometown and state for promotional, advertising or other purposes, worldwide, in any and all media now known or hereafter devised, including the Internet, without limitation and without further payment, notification, permission or other consideration, except where prohibited by law.
10. Disputes: Any controversy or claim arising out of or relating to the Sweepstakes shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply Pennsylvania law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, AmeriGas will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor AmeriGas shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE ENTRANT’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS SWEEPSTAKES IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.
BY PARTICIPATING IN THE SWEEPSTAKES, EACH ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANT'S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO EVERY ENTRANT.
11. Winners List: For a list of the names of winners (if any), send an email to AmeriGasFB@amerigas.com with “AmeriGas Gift Card Sweepstakes” in the subject line. All such requests must be received by June 1, 2021.
12. Sponsor: This Sweepstakes is sponsored by AmeriGas Propane, L.P. 460 North Gulph Road, King of Prussia, PA 19406.