OFFICIAL RULES

“Dive Bomb Decoy II” Sweepstakes

Official Rules  

1. SWEEPSTAKES PERIOD: The “Dive Bomb Decoy II” Sweepstakes (the “Sweepstakes”) begins on or about 12:00:01a.m. Eastern Time (“ET”) on January 7th, 2023 ("Start Date") and ends at 11:59:59 p.m. ET on February 18th, 2023 (the “Promotion Period”). The Sweepstakes is sponsored Fowl Habit Co, LLC PO Box 549 Haskell, Ok 74436 (the “Sponsor” and “Prize Supplier”). The official clock for purposes of the Sweepstakes is the computer of the Sponsor.

1. ELIGIBILITY: The Sweepstakes is open to legal residents of the forty nine (49) United States (Excludes Hawaii). Officers, members, directors, representatives and employees of the Sponsor and any of their respective parent companies, affiliated companies, subsidiaries, dealers, franchisees, licensees, distributors, suppliers, subsidiaries, participating retailers, advertising / promotion/judging agencies, persons engaged in the development, production or distribution of materials for this Sweepstakes, Compliance Sweepstakes Services ("Administrator") (collectively, the “Released Parties”) and the immediate family members (defined as spouse, parents, grandparents, children, grandchildren, siblings, - whether biological, adopted, step or in-law) of such individuals, or persons living in the same household as such individuals (whether related or not), are not eligible to participate in the Sweepstakes. The Sweepstakes is subject to all applicable federal, state, and local laws and regulations. Participation constitutes Participant's full and unconditional agreement to these Official Rules and Sponsor decisions, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein. Void in Hawaii, Province of Quebec, Puerto Rico, the U.S. Virgin Islands, Guam, U.S. Military installations in foreign countries, and where prohibited, taxed, or restricted by law, regulation or ordinance.

II. HOW TO ENTER THE SWEEPSTAKES: An individual will be deemed a participant ("Participant") in the Sweepstakes if they are eligible and enter the Sweepstakes during the Promotion Period via any of the following method: 1) Complete an online product purchase (minimum $1.00) at Fowlhabitco.com. Participant will be required to provide: first and last name, home address, telephone number, and e-mail address. Each Participant that completes a purchase will receive one (1) Sweepstakes entry for each $1.00 purchase increment. 

If a Participant opts to enter via his/her wireless mobile device (which may only be available via participating wireless carriers and is not required to enter the Sweepstakes), standard text messaging and/or data rates may apply for each message sent or received from your handset according to the terms and conditions of your service agreement with your wireless carrier. Other charges may apply (such as normal airtime and carrier charges) and may appear on your mobile phone bill or be deducted from your prepaid account balance. Wireless carriers' rate plans may vary, and you should contact your wireless carrier for more information on messaging rate plans and charges relating to your participation in this Sweepstakes. Participation in this Sweepstakes by mobile device means that you understand that you may receive additional messages by mobile device relating to this Sweepstakes, including notifying you if you are a winner, which may be subject to charges pursuant to your carrier's rate plan. Text messaging may not be available from all mobile phone service carriers and handset models. Mobile device service may not be available in all areas. Check your phones capabilities for specific instructions.

1. USE OF PERSONAL INFORMATION/OPT IN: By entering the Sweepstakes, Participant consents for the Sponsor to obtain, use, and transfer your name, address and other information provided for the purpose of administering this Sweepstakes; the information provided in connection with the entry process will be used by Sponsor only, in accordance and will not be sold or provided to another company. Participant entry information will be treated according to Sponsor’s privacy policy (Terms of service – Fowl Habit Co.). By participating in the Sweepstakes and providing any contact information, Participants hereby agree to Sponsor’s collection and usage of their personal information and acknowledge that they have read and accepted Sponsor’s Privacy Policy. Sponsor may send Participant to the e-mail address entered on entry form, about its products and services. Participant may opt out of receiving future e-mails from Sponsor by clicking the opt out link found in any e-mail received. You will remain eligible for this Sweepstakes whether or not you opt out of receiving promotional e-mails from Sponsor.

1. INTERNET LIMITATIONS OF LIABILITY: If for any reason this Sweepstakes is not capable of running as planned for any reason, including, without limitation, due to infection by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical failures, fire, flood, storm, or other natural cataclysm, riot, strike, civil commotion, pandemic, health crisis, government regulation, or any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, the Sponsor reserves the right, in its sole discretion, to disqualify any individual who tampers with the entry process, and to terminate, modify or suspend the Sweepstakes, in whole or in part, at any time, without notice and award the prizes using all non-suspect eligible entries received as of or after (if applicable) this termination or suspension date. Any person who supplies false information, obtains entries by fraudulent means or is otherwise determined to be in violation of these Official Rules in an attempt to obtain any prize will forfeit any prize won and may be prosecuted to the full extent of the law. Released Parties assume no responsibility for any incomplete, incorrect, or inaccurate information, whether caused by Website users, tampering, hacking, or by any of the equipment or programming associated with or utilized in the Sweepstakes or by any technical or human error. Released Parties 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. The Released Parties are not responsible for any problems or technical malfunction of any telephone network or telephone lines, computer on-line systems, servers, or providers, computer equipment, software, failure of any e-mail or entry to be received by Sponsor on account of technical problems, human error or traffic congestion on the Internet or at any Website, or any combination thereof, including any injury or damage to participant's or any other person's computer (or any information/material stored therein) relating to or resulting from participation in this Sweepstakes or downloading any materials in this Sweepstakes. CAUTION: ANY ATTEMPT TO DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE; THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. In the event of a dispute as to the identity of a winner based on an e-mail address, the winning entry 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.

1. PRIZES: One (1) Grand Prize will be available to be awarded. Three Dozen (3) Dive Bomb Industries F1 Mallard Duck Floaters. Four Dozen (4) Dive Bomb Industries Texas Decoy Rigs. Three (3) Dive Bomb Industries Duck Floater Decoy Bags. One (1) Dozen Dive Bomb Industries F1 Canada Floaters. One (1) Dive Bomb Industries Slotted Canada F1 Floater Bag. One (1) Dive Bomb Industries Hybrid Vertical Blind System.

III. WINNER SELECTION: One (1) potential Grand Prize winner (a "Prize Winner") will be selected during a random drawing conducted on or about January 1, 2023, by the Administrator, an independent judging organization, whose decisions will be final and binding with respect to all aspects of the Sweepstakes. Odds of winning a prize will depend on the total number of eligible entries received for the prize drawing. The potential Prize Winner will be notified via telephone and/or email.  Upon initial notification and verification of the prize winner, confirmation will be sent to the prize winner via email, or other home delivery service of Sponsor’s choice.

IV. PRIZE TERMS AND CONDITIONS: Prize Winner is required to comply with any and all applicable federal, state and local laws, rules and regulations. Prize Winner will be required to complete and sign an Affidavit of Eligibility and Liability/Publicity, and IRS form (if prize value is greater than $600 - W9 form - if US resident), and provide proof of identity (collectively, the “Prize Acceptance Release”), and return it within seven (7) days of written notification or the prize may be forfeited and an alternate potential winner selected, time-permitting.  If a prize or prize notification is returned as unclaimed or undeliverable to a potential winner, if potential winner cannot be reached within three (3) calendar days from the first notification attempt, if potential winner fails to return requisite document within the specified time period, and/or if a potential winner is not in compliance with these Official Rules, then such person shall be disqualified and an alternate winner will be selected for the prize at issue. To claim a prize, you will be required to provide your correct full-name, mailing address, date of birth, telephone number and/or e-mail address. The Prize Acceptance Release is subject to verification by Sponsor and all potential winners are subject to verification before any prize will be awarded.

The Sponsor and Released Parties have not made any warranty, representation or guarantee, expressed or implied, in fact or in law, with respect to any prize awarded and specifically disclaim all such warranties, including, without limitation, any warranty of merchantability or fitness for a particular purpose. The prizes are awarded “AS IS” and WITHOUT WARRANTY OF ANY KIND either expressed or implied. A prize may not be sold, traded, or commissioned, and is not exchangeable or transferable, except in Sponsor's sole discretion. Prize details and availability are subject to change. There are no substitutions unless specified by the Sponsor. The Sponsor reserves the right at its sole discretion to substitute any prize (or prize component) with another prize (or prize component) of equal or greater value. Administrator is not the supplier or guarantor of any prize. Prize may be fulfilled by a third party. The Sponsor and Released Parties are not in any way responsible or liable for damages resulting from shipping and handling, loss, use or misuse of any prize awarded in this Sweepstakes.

Prize Winner will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the prize they receive. The stated “ARV” of the prize is based on available information provided to Sponsor, and any difference in ARV at the time of awarding will not be awarded, and the value of any prize awarded to a winner may be reported for tax purposes as required by law.  Prize Winner will be required to provide Sponsor with a valid social security number (if the ARV of the prize is equal or greater than $600) before a prize will be awarded for tax reporting purposes.  An IRS Form 1099 will be issued (where legally required) in the name of the respective Prize Winner for the total ARV of the respective Prize, as stated above, in the calendar year the prize was won. All properly claimed prizes will be awarded.

Prize Winner’s acceptance of a prize constitutes permission (except where prohibited) for the Sponsor to use the winner’s name, photograph, likeness, statements, biographical information, voice and address (city and state) for any and all public relations, advertising and/or promotional purposes as determined by Sponsor, in all forms of media and by all manners (now and hereafter known), in perpetuity, without notice, consent, review or approval or further compensation. The prize winner understands and agrees that the Prize ceremony may be videotaped/photographed. Rights to any Prize ceremony video/photo belong solely to the Sponsor and can be used in any media at their sole discretion.

All prizes/items will be shipped to winner at no cost to the winner. If items are out of stock at time of the giveaway they will be shipped as soon as they are back in stock.

 

1. MODIFICATION: In no event will Sponsor be obligated to award more prizes than the number of prizes stated in these Official Rules. If for any reason Sponsor determines, in its sole discretion, that the Sweepstakes is no longer capable of running as intended by these Official Rules for any reason whatsoever, Sponsor reserves the right to terminate, suspend, postpone, delay or modify the Sweepstakes, in whole or in part, including, but not limited to, any occurrences described in section V above, or any other causes which may corrupt or impair the integrity, security, fairness or proper conduct of the Sweepstakes. If Sponsor determines that more prize claims are submitted or more prize notices are distributed than the number of prizes offered in these Official Rules, Sponsor shall immediately suspend all drawings and prize awards, and Sponsor reserves the right to award any remaining prizes (up to the total set forth in these Official Rules) in a manner deemed fair and equitable by Sponsor. For example, Sponsor may select a winner in a random drawing from among the eligible entries received up to the time of the impairment or conducted a random drawing among all prize claimants, and neither Sponsor nor any of the Released Parties shall have any further liability to any Participant in connection with the Sweepstakes.

1. RELEASES: All participants, as a condition of participation in this Sweepstakes, agree to indemnify, release and hold harmless Sponsor and Released Parties from and against any and all liability, claims, damages, injuries or actions of any kind whatsoever for injuries, damages, or losses to persons or property which may be sustained in connection with: (a) accessing the Sponsor's Website; (b) participating in any aspect of the Sweepstakes, including, without limitation, while preparing for, participating in and/or traveling to or from any prize or Sweepstakes-related activity, including, without limitation, any injury, damage, death, loss or accident to person or property; (c) the receipt, ownership, possession, use or misuse of any prize awarded; (d) viruses or any downloading or other problems with the Sweepstakes Application, or; (e) any typographical or other error in these Official Rules or the announcement of offering of any prize. Sponsor makes no representations or warranties of any kind concerning the appearance, safety or performance of any prize, except for any express manufacturer's warranty as may be included with the prize. Prize Winner bears all liability and risk of loss or damage to his/her respective prize after it has been delivered.

1. GOVERNING LAW/DISPUTES: By participating, Participants agree to be bound by the Official Rules, Sponsor's Website Terms of Use (if any and if applicable to Participant's method of participating), and the decisions of the Sponsor, which are final and binding in all respects. Except where prohibited, Participant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Promotion or any prize awarded shall be resolved individually, without resort to any form of class action, and any judicial proceeding shall take place in a federal or state court in Wagoner, Oklahoma; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event legal fees; and (3) under no circumstances may Participant obtain awards for, and Participant hereby waives all rights to claim, indirect, 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. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Participants, Sponsor, or the Released Parties in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of Oklahoma without giving effect to any choice of law or conflict of law rules (whether of the State of Oklahoma or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Oklahoma.

XII. OFFICIAL SWEEPSTAKES RULES REQUEST: For a copy of these Official Rules, send a request specifying Official Rules along with a self-addressed, stamped envelope postmarked by January 12th, 2023, and received by February 6th, 2023, and mail to:  Compliance/ “Dive Bomb Decoy Giveaway II” Sweepstakes Official Rules, Box 549, Haskell, OK  74436.

XIII. WINNERS LIST REQUEST: To request confirmation of the name and city/state of residence for the prize winner, please send a self-addressed, stamped business size envelope, by February 9, 2023, to: “Dive Bomb Decoy Giveaway II” Sweepstakes Winners List, PO Box 549, Haskell, OK  74436. Requests received after March 6, 2023, will not be acknowledged or returned.

XIV. SPONSOR: Fowl Habit Co, LLC PO Box 549 Haskell, OK 74436.

XVI.  MISCELLANEOUS: The names of individuals, groups, companies, products and services mentioned herein, and any corresponding likenesses, logos and images thereof reproduced herein, have been used for identification purposes only and may be the copyrighted properties and trademarks of their respective owners. The mention of any individual, group or company, or the inclusion of a product or service as a prize, does not imply any association with or endorsement by such individual, group or company or the manufacturer or distributor of such product or service and, except as otherwise indicated, no association or endorsement is intended or should be inferred. The invalidity or unenforceability of any provision of these Official Rules or the Prize Acceptance Release will not affect the validity or enforceability of any other provision.  In the event that any provision of the Official Rules or the Prize Acceptance Release 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 Official Rules will not constitute a waiver of that provision. For Participant, to the extent there is a conflict between Official Rules appearing any other location and any terms of use or other agreements posted on the Sponsor's Website, these are the Official Rules to be abided by.  

 

Dive Bomb Industries (as decoy manufacturer) and respective affiliates, subsidiaries, representatives, officers, directors, agents, and employees will have no liability or responsibility for any claim arising in connection with the participation in this sweepstakes or any prize awarded and has not offered or sponsored this sweepstakes in any way.