2018 Better with Burgan Tailgate Sweepstakes Official Rules

(1) No purchase necessary to enter or win. A purchase will not increase your chances of winning.

(2) Eligibility: The “2018 Better with Burgan Tailgate Sweepstakes” (the “Sweepstakes”) is open to legal residents who are twenty-one (21) years of age or older as of the date of entry and reside within 45 miles of the city limits of Youngstown, Ohio. Employees of the Burgan Real Estate, LLC (“Burgan”), Youngstown State University (“YSU”) and each of their respective parents, subsidiaries, affiliates, directors, owners, employees or agents, marketing agencies, and their immediate families (all together, the “Released Parties”) are not eligible to enter or win. This Sweepstakes is subject to all applicable federal, state and local laws, rules and regulations. 

(3) How to Enter:  NO PURCHASE NECESSARY TO ENTER OR WIN THE SWEEPSTAKES.  A PURCHASE WILL NOT INCREASE OR IMPACT YOUR CHANCES OF WINNING.  In order to be entered into the Sweepstakes, an eligible entrant (“Entrant”) must, during the Sweepstakes Period, either, (i) go on www.BetterWithBurgan.com/tailgate and fill out the official entry form or (ii) mail in a 3″ x 5″ card containing his or her name, address, city, state, zip code, daytime contact phone number, and valid email address to: Burgan Real Estate, 5335 Market St., Youngstown, OH 44512, Attn: Better with Burgan Tailgate Sweepstakes.   One (1) entry per person during the Sweepstakes Period.  Late entries will not be eligible for the Sweepstakes.Burgan is not responsible for lost, late, illegible, corrupted or misdirected entries.  If an Entrant completes multiple survey forms, only the first entry will be considered.  All entries become the property of Burgan.   By completing and submitting the survey form, an Entrant consents to (a) being contacted by Burgan and its respective affiliates; and (b) be bound by, and comply with, all of the terms and conditions set forth in these Official Sweepstakes Rules.  Any individual who attempts to enter in excess of the disclosed maximum, by any means, including but not limited to using multiple addresses, will be disqualified from participation in this Sweepstakes.  Limit one entry per household.

(4) Sweepstakes Term: The Sweepstakes entry period will commence on August 1, 2018 and end on September 30, 2018, unless Burgan otherwise extends the Sweepstakes, if applicable (the “Sweepstakes Term”), on the same terms and conditions. All entries must be received by 11:59PM Eastern Time on September 30, 2018, unless the Sweepstakes is extended as described above. 

(5) Winner Selection: One (1) prize winner (“Winner”) will be chosen randomly chosen from all eligible entries received on October 2, 2018 and such prizewinner will be notified by phone/email within twenty-one (21) days prior to the YSU game on October 27, 2018.  If a Winner: (a) is unreachable; (b) does not make direct contact with the Burgan by the date specified in the notification message; or (c) fails to accept the Prize, Burgan reserves the right, in its sole and absolute discretion, to disqualify such Winner and, to select a replacement another Winner from the same entries based on the same criteria set forth in these Official Sweepstakes Rules.  Burgan shall not be responsible for failed attempts to notify the Winner and Burgan assumes no responsibility for any correspondence returned as undeliverable or any other problems associated with attempt(s) to notify the Winner.  Odds of winning depend upon the number of eligible entries received.

(6) Winner Verification: Upon the request of Burgan, the Winner must sign and return the following documents by a date determined by Burgan in order to be eligible to receive the Prize: (a) an affidavit of eligibility; and (b) a liability/publicity release in form and substance satisfactory to Burgan.  If any of the foregoing documents are not completed, signed, and returned within the stated time, or if the Winner is deemed by Burgan to be ineligible or not to have complied with these Official Sweepstakes Rules, then such Winner will be disqualified and an alternate Winner will be selected from the remaining qualifying Entrants, time permitting. 

(7) Sweepstakes Prize and Approximate Retail Value (“ARV”): (a) One (1) Winner will receive:

  • 20 x 40 Hospitality Tent in the M-63 Party Lot
  • 50 Reserved Game Tickets to the YSU game on October 27, 2018
  • 2 tailgate passes
  • Fully catered tailgate party including Eckrich Farms hotdogs / sausage, Schwebel’s buns, Herr’s chips, Pepsi-Cola and a $100 Rulli Brothers gift certificate

The ARV of the package is $2,000.  The Sweepstakes prizes are non-transferable and non-assignable to any other person including relatives or friends. Any attempt to transfer, assign or sell the Sweepstakes prize without the express written consent of Burgan may result in a forfeiture of the Sweepstakes prize at Burgan’s sole discretion. The Winner shall be solely responsible for any and all costs not specifically described as part of the Prize, including (if applicable) any and all of his or her travel expenses and accommodations.  If applicable, the Winner must be able to travel on those dates and times designated by Burgan, in its sole discretion, and all travel arrangements shall be made by the Winner.  

Except where prohibited by law, Prize acceptance constitutes a release granting Burgan and YSU the right to use the Winner’s name, likeness, statements (if true), biographical information, voice, and cities and states of residence for advertising, marketing, and publicity purposes on a worldwide basis (without review by the Winner) and in all forms of media, without compensation, remuneration, or other authorization.  Burgan and YSU expressly disclaim any responsibility or liability in connection with injury or loss to any person or property relating to redemption of the Prize.  Burgan and YSU make no representations or warranties in connection with the Prize.  Restrictions, conditions and limitations apply.

(8) Posting Terms and License to Use Entrant Personal Information: In order to promote, market, and publicize the Sweepstakes, Burgan, YSU and its respective affiliates may require a license to use any and all information, materials, and content submitted in the Sweepstakes including, but not limited to, each Entrant’s name (and likeness), biographical information, and any other personal information submitted.  Accordingly, by submitting an entry, each Entrant expressly grants Burgan a worldwide, perpetual, irrevocable, royalty-free, non-exclusive, sub-licensable and transferable right and license to use, and share with its affiliates and any partner(s) of this Sweepstakes to use, however Burgan, its affiliates, and any partner(s) of this Sweepstakes may deem fit in its sole and absolute discretion, whether in connection with the Sweepstakes or otherwise, all content submitted in connection with an entry.

(9) Sweepstakes Conditions: All applicable U.S., federal, state, and local taxes, duties, or other taxes or fees are the sole responsibility of the Winner, who may be issued a 1099 IRS tax form for the ARV of any awarded prize. Prize consists only of items specifically listed as part of the prize.  The YSU men’s football tickets are not redeemable for cash. No cash alternative or prize substitutions will be permitted. Game ticket locations awarded as prizes herein are subject to availability and determined by Burgan and YSU at their sole discretion. Times, dates and locations herein, including of YSU men’s home football games, are subject to change and cancellation outside of Burgan’s control or at YSU’s sole discretion. If YSU games are canceled, suspended, not completed or not played for any reason, Burgan has no further obligation to the Winner to replace or substitute games.

(10) Limitation of Liability:  By entering, entrant agrees to accept and abide by the rules of this Sweepstakes and agrees that any dispute with regard to the conduct of this Sweepstakes, rule interpretation or award of prize shall be submitted to Burgan, whose decision shall be binding and final. By participating, entrant agrees to release and hold harmless the Released Parties from any injury, loss, or damage to person, including death, or property due in-whole or in-part, directly or indirectly, to the acceptance or use/misuse of the prize, participation in any Sweepstakes-related activity, or participation in the Sweepstakes.

Burgan is not responsible for any typographical or other error in the printing of this offer, administration of the Sweepstakes or in the announcement of prizes, including erroneous appearance of qualification for a prize, and under no circumstances will more than the stated number of prizes be awarded. If for any reason Burgan is prevented from continuing with this Sweepstakes, or the integrity and/or feasibility of the Sweepstakes is severely undermined by any event including but not limited to fire, flood, epidemic, earthquake, explosion, labor dispute or strike (including, but not limited to, by players, administration or referees), act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, or any federal, state or local government law, order or regulation, order of any court or jurisdiction, Burgan shall have the right, in its sole discretion, to abbreviate, modify, suspend, cancel or terminate the Sweepstakes without further obligation. If Burgan in its discretion elects to so abbreviate the Sweepstakes, Burgan reserves the right, but not the obligation, to award the prize from among all eligible entries received to date. All entries are the property of Burgan and are not returnable.  The use of any automated devices in connection with this Sweepstakes is prohibited. Burgan assumes no responsibility for computer system, hardware, software or program malfunctions or other errors, failures, delayed computer transactions or network connections, whether human, technical or otherwise in nature.  WARNING:  ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE ANY COMPUTERIZED SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH ATTEMPT BE MADE, BURGAN RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.  Burgan reserves the right, in its sole discretion, to cancel or suspend this Sweepstakes should virus, bugs or other causes beyond its control corrupt the administration, security or proper play of this Sweepstakes. Burgan is not responsible for any injury or damage to any person’s computer or related equipment resulting from or relating to participation in this Sweepstakes or downloading any material related to this Sweepstakes. Entries will be deemed made by the authorized account holder of the e-mail address submitted at the time of entry. In the event of a dispute, the potential winner may be required to provide proof that he or she is the authorized holder of the identified e-mail account.

(11) Publicity Release:  In consideration for accepting the prize, Winner hereby agrees and consents, without further authorization, compensation or remuneration of any kind, to the use of Winner’s name and/or likeness in any and all advertising, promotions and other publicity conducted by the Released Parties except where prohibited by law.

(12) Sweepstakes Administration & Marketing:  Entrants may be contacted for purposes of Sweepstakes administration using the contact information provided by the entrant (e.g., winner notification).  Each entrant may also be asked, but is not obligated, to consent (or “opt-in”) to receive additional promotional emails or offers from Burgan or YSU.  Subject to entrant’s consent, entrant understands that Burgan or YSU may use entrant’s information (including e-mail address) for marketing purposes and to provide entrant with information about Burgan or YSU services and special offers and entrant expressly consents to the use of entrant’s information for such purposes.

(13) Disputes/Choice of Law:  (a) Any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes, but in no event attorneys’ fees; and (b) under no circumstances will Entrant be permitted to seek the award of, and Entrant hereby waives all rights to claim, punitive, incidental and consequential damages or any other damages, other than actual out-of-pocket expenses, and hereby waives all rights to have damages multiplied or otherwise increased.  All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Sweepstakes Rules, or the rights and obligations of Entrants and/or Burgan in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Ohio, without regard for conflicts of law doctrine, and all proceedings shall take place in the State of Ohio.  All Entrants agree to submit to the exclusive jurisdiction of the courts of the State of Ohio and agree to waive the right to a jury trial with respect to any claim or dispute with regard to any aspect of the Sweepstakes or Official Sweepstakes Rules.

(14) Winner’s List:  To obtain a list of Winners, send a self-addressed, stamped envelope to: 2018 Better with Burgan Tailgate Sweepstakes, Burgan Real Estate, LLC, 5335 Market St., Youngstown, OH 44512. Request must be received within thirty (30) days of the conclusion of the Sweepstakes Term.


(16) Entrants are only eligible to win one (1) prize per 90-day period regardless of sweepstakes, contest, giveaway or promotion type. 90-day period starts when prize is awarded.

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