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Official Giveaway Rules

Official Rules

Effective Date: June 10, 2024

 

  1. Application to Giveaways. These Official Rules (“Official Rules”) apply to every giveaway (each a “Giveaway,” and collectively, “Giveaways”) held by OC Media Holdings LLC, an Arkansas limited liability company d/b/a "One Country" ("One Country"). However, specific Giveaways may have specific rules in addition to these Official Rules ("Specific Rules,” and together with these Official Rules, the “Rules”).  In such cases, One Country will publish the Specific Rules in the “Legal Information” section on the page associated with the particular Giveaway ("Giveaway Page”). Where the Specific Rules differ from these Official Rules, the Specific Rules will control unless expressly stated to the contrary herein. 

 

BY ENTERING A GIVEAWAY (BECOMING A “PARTICIPANT”), YOU AGREE TO THE RULES.   THE RULES ARE A BINDING CONTRACT, SO YOU SHOULD READ THEM CAREFULLY BEFORE ENTERING ANY GIVEAWAY. THESE OFFICIAL RULES REQUIRE YOU TO INDEMNIFY AND TO RELEASE ALL CLAIMS AGAINST THE RELEASED PARTIES (AS DEFINED BELOW). BY ENTERING A GIVEAWAY, YOU ARE AGREEING TO MANDATORY, BINDING ARBITRATION WITH NO CLASS RELIEF, AND TO A LIMITATION OF YOUR RIGHTS AND REMEDIES, INCLUDING ANY DAMAGES THAT YOU MAY RECOVER.

 

By entering a Giveaway and/or registering as a One Country member, and where you have otherwise provided the requisite consent, you agree that the personal information provided in connection with same will be subject to the One Country Privacy Policy ("Privacy Policy”).  For a copy of the Privacy Policy, please Click Here. Please see “Uses of Participant Personal Information; Privacy Policy” below for additional information regarding usage of your information.

 

SCAM ALERT: Protect yourself from scams.  If you are selected as a potential Prize winner in a Giveaway, we will contact you via the phone number and/or the e-mail address you provided on your order or entry form. You will never be asked to provide credit card or bank information or to make a payment as a condition of receiving a Prize award. Those are sure signs of scams. We do not use social media to contact potential winners. Any tax information provided by One Country via the website located at onecountry.com (the “Site”) is for informational purposes only; it does not constitute professional advice and should not be relied upon by you or any third party. You should consult with professional advisors regarding any federal, state or provincial income taxes that would need to be paid by you. 

 

  1. NO PURCHASE NECESSARY; VOID WHERE PROHIBITED.  NO PURCHASE, PAYMENT OR FINANCIAL CONTRIBUTION OF ANY KIND IS NECESSARY TO ENTER OR WIN ANY GIVEAWAY. THERE IS NO COST TO ENTER ANY GIVEAWAY, AND FREE ALTERNATE METHODS OF ENTRY ARE ALWAYS AVAILABLE FOR ALL GIVEAWAYS. 

 

NOTWITHSTANDING ANY PROVISION OF THESE OFFICIAL RULES, THE SPECIFIC RULES ON ANY GIVEAWAY PAGE OR ANY OTHER REPRESENTATION, THE GIVEAWAY AND ENTRIES ARE VOID WHERE OTHERWISE PROHIBITED OR RESTRICTED BY LAW THROUGH NO FURTHER ACT OF ANY PARTY. ALL FEDERAL, STATE, PROVINCIAL AND LOCAL LAWS AND REGULATIONS APPLY.

 

  1. Methods of Entering a Giveaway. Our Giveaways are always free to enter.  Depending on your preference, you can enter in one of the following ways:

 

    1. Membership. If you become a One Country member, in addition to receiving your member benefits such as exclusive radio and other media content, you will receive a certain number of entries each month of your membership based on your membership plan.  To become a member, visit the Site, and complete the registration process.  In order to complete the member registration form on the Site, each individual must include the following: (a) full name; (b) e-mail address; (c) mailing/billing address; (d) telephone number; (e) credit/debit card information; and (f) any other information requested on the Promotion entry form (collectively, “Site Registration Data”).  
    2. Merchandise. You can receive a certain number of entries by purchasing Products (as defined in our Terms of Service) from the Site, subject to the restrictions in our Refund Policy.         You will be asked to provide Site Registration Data for such entries.  The purchase of Products from other One Country websites or in any other way will not result in any Giveaway entries.
    3. Content. You can receive a certain number of entries by providing certain written or other content to us that we request (“Content”). You may also be required to provide Site Registration Data for such entries.
    4. Free Alternative Method of Entry. You can alternatively receive an equal number of entries by using our mail-in method.  In order to use the mail-in method to gain entries in a specific giveaway, you must hand-write complete on a 3” x 5” card or paper: (a) full name; (b) e-mail address; (c) mailing address; (d) telephone number; (e) date of birth; and (f) description of the giveaway you are entering. Insert the card in a standard-sized envelope, including your hand-written return address (including your first and last name) and our mailing address of: 5414 W. Pinnacle Pointe Dr, Suite 100, Rogers, AR 72758 and mail your completed using proper postage. Each mail-in entry will receive 300 entries into the specific giveaway described on the card. Each card valid for entry into only 1 (one) specific giveaway. All mail-in entries must be postmarked by the giveaway’s “Deadline to Enter” as described in the “Legal Information” section and received by close of business 4 (four) days after the “Deadline to Enter.” Each envelope must be mailed individually and bulk shipments will not be accepted and will be destroyed. All mail-in entries must be original with no photocopies or reproductions of any kind will be accepted. To be considered a valid entry, all mail-in entries must include all requested information and format, as stated above.
    5. Each time you complete the free alternative method of entry form, you will receive a certain number of entries from the Free Entry Portal based on the conversion rate described in these Official Rules, or as expressly and specifically set forth in the Specific Rules for that Giveaway (in the event the Giveaway’s Specific Rules specifically provides a conversion rate that differs from the conversion rate set forth in these Official Rules, the conversion rate set forth in the Specific Rules shall govern) that would be equal to or greater than the number of entries by purchasing a membership or Products (as  defined in our Terms of Service) from the Site.. 
    6. Participants who are potential Prize winners may be required to provide some or all of the following: (i) Social Security Number; (ii) picture proof of identification, which may include a driver’s license, passport, voting card or similar government issued identification; (iii) full mailing address; and (iv) any other information requested by One Country in connection with the Prize verification/award process (“Prize Winner Data,” and together with the Site Registration Data and the Portal Registration Data, the “Registration Data”). Potential Prize winners residing in Canada (excluding Quebec where the Giveaway is void) will be required to correctly answer a time-limited mathematical skill-testing question to be eligible for a Prize.  

 

You will be asked at checkout/registration to confirm the correctness of the information provided, and for specific authorization to contact you via the methods of contact provided in your Registration Data.  IF THIS INFORMATION IS OR BECOMES INCORRECT, WE MAY NOT BE ABLE TO CONTACT YOU IN THE EVENT YOU ARE SELECTED AS A POTENTIAL WINNER, IN WHICH CASE WE WILL SELECT ANOTHER POTENTIAL WINNER.  SEE “NOTIFICATION OF WIN” BELOW FOR MORE INFORMATION.

 

  1. Maximum Number of Entries. ALL ENTRIES ARE EQUALLY ELIGIBLE FOR ALL GIVEAWAYS. THE ODDS OF WINNING FOR AN INDIVIDUAL ENTRY ARE THE SAME REGARDLESS OF ENTRY METHOD, AND YOU ARE ABLE TO ACCUMULATE THE SAME NUMBER OF ENTRIES FOR A GIVEAWAY REGARDLESS OF YOUR ENTRY METHOD. Unless otherwise expressly provided in the Specific Rules associated with a Giveaway, each entrant that submits a valid entry using the Free Entry Portal will be automatically assigned 300 entries for the applicable Giveaway for each valid Portal entry submitted.  Entrants are permitted to enter using the Free Alternative Method of Entry using the Free Entry Portal up to 20 times per month.  REGARDLESS OF HOW YOU ENTER, THE MAXIMUM NUMBER OF ENTRIES FOR ANY ONE PERSON IS RESTRICTED TO 6,000 PER PERSON PER MONTH FOR ANY GIVEAWAY.  ANY ENTRIES SUBMITTED IN EXCESS OF THESE LIMITATIONS WILL BE DISCARDED, AND YOU MAY NOT ALLOCATE ANY EXISTING ENTRIES IN EXCESS OF THESE LIMITATIONS.  ANY ATTEMPT TO DO SO MAY RESULT IN YOUR DISQUALIFICATION AS DESCRIBED BELOW.

 

  1. Entry Eligibility.

 

                 (a)      Specific Rules. The Specific Rules for each Giveaway will contain additional terms, conditions and restrictions applicable to eligibility. Please read the Specific Rules for each Giveaway before entering.        

(b)      Contestants. Persons in any of the following categories are NOT eligible to participate or win Prizes (as defined below) in a Giveaway: any person who on or after February 25, 2019, was or is: (a) a director, officer, employee, agent, or independent contractor of One Country or any charity/celebrity/personality participating in a Giveaway, or the applicable parent company, subsidiaries, affiliates or service agencies; or any entities retained by such person for the administration of the Giveaway; (b) an individual engaged in the development, production or distribution of the Giveaway materials or the Prize associated with the Giveaway; and (c) an immediate family member (defined as spouse, IRS dependent, or biological, adoptive or stepmother, father, sister, brother, daughter or son, and each of their respective spouses) of, or who resides in the same household as, any person in any of the preceding categories. 

            (c)       US and Canada.  With the exception of Giveaways that award real property interests, most Giveaways are only open to legal residents of the fifty (50) United States and the District of Columbia, and Canada excluding Quebec, but they are all void in Puerto Rico, as well as all countries on the United States list of embargoed countries found here and any other state or country where local laws would prohibit the provision of or entry into a Giveaway. Also, Giveaways are only open to individuals who have reached the legal age of majority in their state/province/territory of residence at the time of entry. PLEASE CONTACT US AT SUPPORT@ONECOUNTRY.COM TO DETERMINE IF YOU ARE ELIGIBLE TO PARTICIPATE IN A GIVEAWAY IN YOUR COUNTRY, STATE, PROVINCE OR PRINCIPALITY. UNLESS OTHERWISE INDICATED IN THE SPECIFIC RULES FOR A GIVEAWAY, (i) GIVEAWAYS ARE OPEN TO US RESIDENTS AND CANADA (EXCLUDING QUEBEC) ONLY, (ii) GIVEAWAYS WITH PRIZES IN EXCESS OF FIVE THOUSAND UNITED STATES DOLLARS ($5,000.00 USD) EXCLUDE RESIDENTS OF NEW YORK AND FLORIDA, AND (iii) GIVEAWAYS AWARDING REAL PROPERTY INTERESTS ARE RESTRICTED AS DESCRIBED BELOW.

(d)      Eligibility Frequency Limits. From time to time, One Country may set limitations on how frequently someone can be eligible to win more than one Major or Minor Prize within a specified time period. In those cases, a "Major Prize” is one that has an approximate retail value of Five Thousand United States Dollars ($5,000.00 USD) or more. A "Minor Prize” is one that has an approximate retail value that is equal to or less than Five Thousand United States Dollars ($5,000.00 USD).

            (e)       Prize Limitations. Your country, state, province, principality or governing body may allow you to enter a Giveaway, but not allow you to receive a Prize from winning such Giveaway. One Country is not obligated to deliver a Prize in connection with, or allow your entry into, a Giveaway if such delivery or entry would violate applicable law or regulations. 

(f)       IT IS YOUR RESPONSIBILITY TO CONFIRM (i) YOUR ELIGIBILITY TO ENTER A GIVEAWAY; (ii) WHETHER OR NOT A GIVEAWAY IS OPEN IN YOUR COUNTRY, STATE, PROVINCE OR PRINCIPALITY; (iii) ANY ELIGIBILITY FREQUENCY LIMITS APPLICABLE TO YOU; AND (iv) ANY SPECIFIC RESTRICTIONS ON ACCEPTANCE OR RECEIPT OF THE GIVEAWAY PRIZE(S) APPLICABLE TO YOU.  IN ALL CASES, NOTWITHSTANDING ANY PROVISION OF THESE OFFICIAL RULES, THE SPECIFIC RULES SET FORTH ON ANY GIVEAWAY PAGE OR ANY OTHER REPRESENTATION, GIVEAWAYS ARE VOID WHERE PROHIBITED BY LAW, AS DESCRIBED IN SECTION 2 ABOVE.  ALL DECISIONS OF THE SPONSOR WITH RESPECT TO YOUR ELIGIBILITY TO ENTER A GIVEAWAY AND THE ELIGIBILITY OF ENTRIES SHALL BE FINAL AND BINDING IN ALL RESPECTS. 

 

  1. Entry Window. The start and end date for each Giveaway shall be listed in the Specific Rules on each Giveaway Page. Unless otherwise specified, entries for a Giveaway are first accepted at 12:00:01 A.M. CST and not accepted after 11:59:59 P.M. CST on the days specified in the Specific Rules. 

 

  1. Notification of Win. Within ten (10) business days of a Giveaway closing, One Country will use an automated random drawing process generally accepted for such purposes, subject to reasonable oversight, to draw the potential winner(s) for that Giveaway. A confirmation process, which may include correctly answering a mathematical skill-testing question (for Canadian potential winners) and/or a background check (for which an additional consent will be required at checkout/registration), will then take place to ensure the potential winner(s) meet(s) the applicable legal and eligibility standards. The potential winner and (if applicable) his or her guest(s) agree to cooperate fully with One Country in One Country conducting any background check(s) and obtaining the Affidavit or Statement (as each is defined below), which includes providing information requested by One Country including, but not limited to, full legal names and addresses. If the Prize associated with a Giveaway includes meeting a celebrity, meeting a public figure, or attending a special event and (a) the background check indicates, in One Country's sole discretion, that the potential winner or the potential winner's guest(s) pose a danger to or may harm the reputation of any person or entity involved in the Giveaway, or (b) the potential winner or the potential winner’s guest refuses to consent to a background check, One Country may disqualify said potential winner and move on to the next randomly drawn potential winner or prohibit the potential winner’s guest from participating/attending. 

 

Pending a positive outcome of the confirmation process, a One Country representative will notify the potential winner via the email and/or phone numbers on file with One Country for which consent for use has been received. Potential winners must update their Registration Data, as necessary, to remain eligible to receive a Prize. The potential winner must respond within the time period designated in the notification (or otherwise within five (5) days of such attempt at notification by One Country if no time period is given in the notification), or One Country may, in its sole and absolute discretion, either: (a) select another randomly drawn potential winner in accordance with this Section 7; or (b) continue to attempt notification of the existing potential winner until such time as One Country makes successful contact with such existing potential winner or decides, in One Country's sole and absolute discretion, to select another randomly drawn potential winner in accordance with this Section 7. Before confirming a potential winner as the winner, One Country may require the potential winner and their guests (for awards of travel prizes) to confirm their eligibility, including by executing a notarized Affidavit of Eligibility and Liability/Publicity Release (“Affidavit”) or Statement of Eligibility and Liability/Publicity/Release (“Statement”) and, where so required, return such Affidavit or Statement within five (5) days following attempted notification. If the potential winner and guest do not execute and return all required documents, including the Affidavit or Statement, within the time frame specified by One Country, they will forfeit the Prize and One Country will move on to another randomly drawn potential winner. Travel companions of the potential winner(s) will also be required to sign an Affidavit or Statement prior to issuance of tickets. Additionally, travel companions/guests of the potential winner(s) may be subject to background checks, which may impact their ability to enjoy all features of a given Prize.

 

  1. Prize Conditions; Taxes. One Country describes each Prize on the applicable Giveaway Page and in the associated Specific Rules, including the approximate retail value for each such Prize. Some Prizes have additional restrictions or conditions posted on the Giveaway Page and/or in the Specific Rules.

 

All Prize elements are subject to availability. Prizes cannot be transferred or substituted, except One Country can substitute a Prize of equal or greater value in One Country’s discretion. Unless otherwise specified in the Specific Rules, in the event that a portion of a Prize goes unused, it may not be substituted, transferred, or redeemed for cash. You will be responsible for any taxes resulting from winning or entering into a Giveaway. Upon your written request to support@onecountry.com, One Country will give you a Form W-9 to verify One Country’s tax identification number (for U.S. residents). All U.S. winners that receive a Prize will be issued a Form 1099 to extent required by applicable law. 

 

  1. Odds of Winning a Prize.  The odds of winning each Prize will be set forth in the Specific Rules.

 

  1. Prize Payout. Subject to the Force Majeure provisions in Section 19 below, the winner may either (a) accept the Prize specified in the applicable Specific Rules; or (b) if there is a “Cash Alternative” specified in the applicable Specific Rules, accept that “Cash Alternative” amount. If a Prize is awarded in cash pursuant to this Section 10, One Country may pay such cash amount in up to two hundred and forty (240) equal successive, monthly installments.  Unless required by law, the total amount of the cash alternative installment payments is not secured.

 

  1. Award of any Vehicle.  Unless otherwise noted in the Specific Rules on any Giveaway Page, winners are solely responsible for all duties, taxes, costs, and fees associated with any vehicle receipt, ownership, and/or use. The winner: (a) will not be eligible for any cash rebate programs; (b) must have a valid driver’s license (for any Prize which is an automobile) and proof of insurance; and (c) must take delivery of the vehicle at a location specified by One Country.  Any fees or expenses incurred by the winner for the pickup or retrieval of the vehicle Prize at One Country’s specified location shall be the sole responsibility of the winner.  For any vehicle Prize, neither One Country, any Giveaway partner, nor the vehicle manufacturer has made nor is responsible or liable for any warranty, representation, or guarantee express or implied, in fact, or law, relative to the vehicle Prize, including, but not limited to, its quality, mechanical condition or fitness. NOTWITHSTANDING ANY PROVISION OF THESE OFFICIAL RULES, THE SPECIFIC RULES SET FORTH ON ANY GIVEAWAY PAGE OR ANY OTHER REPRESENTATION, IF A GIVEAWAY INVOLVES A MOTOR VEHICLE AS A PRIZE, THE MOTOR VEHICLE MAY ONLY BE AWARDED TO LEGAL RESIDENTS OF THE UNITED STATES.  ANY WINNER OF SUCH A GIVEAWAY WHO IS NOT A LEGAL RESIDENT OF THE UNITED STATES MAY RECEIVE EITHER A COMPARABLE VEHICLE FROM THEIR COUNTRY OF RESIDENCE OR THE CASH ALTERNATIVE, AS DESCRIBED IN THAT GIVEAWAY’S SPECIFIC RULES. THE CASH ALTERNATIVE WILL BE PAID IN U.S. DOLLARS ONLY. ONE COUNTRY IS NOT RESPONSIBLE FOR ANY FLUCTUATION IN EXCHANGE RATES SHOULD THE WINNER CHOOSE TO CONVERT THE CASH ALTERNATIVE TO ANOTHER CURRENCY.

 

  1. Award of any Real Property Interest.  Unless otherwise noted in the Specific Rules on any Giveaway Page, winners are solely responsible for all taxes, costs, and fees associated with any real property interest receipt, ownership, and/or use.  In addition, notwithstanding any provision of these Official Rules, the Specific Rules on any Giveaway Page or any other representation, if any Giveaway involves a real property interest (e.g., a house) as a Prize, One Country, in its sole and absolute discretion, in addition to its options under Section 10 of these Official Rules, may transfer to the winner the deed to the property. UNLESS OTHERWISE INDICATED IN THE SPECIFIC RULES SET FORTH ON A GIVEAWAY PAGE, IN A GIVEAWAY INVOLVING A REAL PROPERTY INTEREST AS A PRIZE ONLY LEGAL RESIDENTS OF THE UNITED STATES (EXCLUDING HAWAII) WILL BE ELIGIBLE FOR THE REAL ESTATE PRIZE. RESIDENTS OUTSIDE THE UNITED STATES AND RESIDENTS OF HAWAII WILL ONLY BE ELIGIBLE FOR THE CASH ALTERNATIVE.    

 

  1. Award of any Travel Prizes.  For all travel Prizes, the winner must travel on the dates and itinerary specified by One Country and all airfare is coach class and hotel accommodations are standard class, unless otherwise specified. Winner and guest must travel on the same itinerary. Any meetings with celebrities are subject to security and background checks. For international travel, the winner is responsible for obtaining all necessary travel authorizations, visas, passports, or other documentation to legally enter/depart the destination. All expenses other than those mentioned as part of the Prize are your responsibility and will not be provided by the Sponsor. Travel restrictions, conditions and limitations may apply. The Prize value may vary depending on point of departure, travel dates and fare/rate fluctuations. One Country is not responsible for any cancellations, delays, diversions or substitutions, or any act or omission of any third person with respect to a Prize or trip. The Prize winner and all guests are responsible for obtaining travel insurance (and all other forms of insurance) at their option and the Prize winner hereby acknowledges that One Country will not obtain nor provide travel insurance or any other form of insurance.  Lost or stolen tickets, travel vouchers or certificates or similar items once they are in your possession, will not be replaced.  If you or your guest are, in our opinion or the opinion of our partners, obnoxious, threatening, abusive, or harassing before or during the trip or Prize-related event, One Country and its partners reserve the right to deny or terminate the trip or Prize, in whole or in part, and move on to the next randomly drawn winner if the Prize has not yet been delivered. Your guest must be of legal age of majority in his/her jurisdiction of residence, or your child or legal ward (unless otherwise approved by us). If you live within a one hundred (100) mile radius of the site where the Prize is to be awarded, One Country may provide ground transportation or a stipend for ground transportation instead of airfare. Additionally, any and all expenses not specified above, including, but not limited to, checked baggage fees, meals, incidentals and gratuities, are the sole responsibility of the winner and the winner's guest(s). 

 

  1. Uses of Participant Personal Information; Privacy Policy. When you enter a Giveaway using any of the methods available and/or register to become a member of One Country, One Country will collect personal information about you as necessary, including Registration Data. Please see our Privacy Policy located at: https://www.onecountry.com/pages/privacy to learn what information One Country collects and how One Country will use it. If you choose to enter a Giveaway, you agree to the terms of the Privacy Policy and collection and use of information as set out therein. To the extent that the Privacy Policy is in conflict or inconsistent with the Rules as they pertain to a Giveaway, the Rules shall take precedence.

 

  1. Important Legal Terms. The Giveaway Prize providers involved in the Giveaway and/or the persons providing Prizes, and each of their respective parent companies, affiliates, subsidiaries, successors, assigns, agents, representatives, officers, directors, shareholders, and employees (collectively, the "Released Parties"), are not responsible for: (a) illegible, lost, late, incomplete, misdirected, or undeliverable email; (b) any computer, telephone, satellite, cable, network, electronic or internet hardware or software malfunctions, failures, connections, or availability; (c) garbled, corrupt or jumbled transmissions, service provider/internet/website/use net accessibility, availability, or traffic congestion; (d) any technical, typographical, or other error; (e) unauthorized human intervention, or the incorrect or inaccurate capture of registration information; or (f) the failure to capture, or loss of, any such information. By entering a Giveaway, you agree: (i) to be bound by these Official Rules, the Specific Rules, the Terms of Service, the Subscription Policy, the Refund Policy, the Privacy Policy, and by all applicable laws and decisions of One Country, which shall be binding and final in all respects; (ii) to waive any rights to claim ambiguity with respect to these Official Rules, the Specific Rules for the Giveaway, or any other representation; (iii) to waive all of your rights to bring any claim, action, or proceeding against any of the Released Parties in connection with that Giveaway; and (iv) to forever and irrevocably agree to release, defend, indemnify, and hold harmless each of the Released Parties from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability costs and expenses (including, without limitation, reasonable outside attorneys’ fees), whether brought, sought, or suffered by you or a third party, that may arise in connection with your: (A) entry, creation or submission of an entry or participation in a Giveaway (including any Giveaway Prize or cash payout); (B) acceptance, possession, attendance at, defect in, delivery of, inability to use, use or misuse of a Prize (including any travel or activity related thereto); and/or (C) the broadcast, exploitation or use of any entry. In the event of a dispute regarding entries received from multiple Participants having the same email account, the authorized subscriber of the email account at the time of entry will be deemed to be Participant and must comply with the Rules. The "authorized account subscriber” is the natural person who is assigned the email address by the Internet Service Provider (ISP), online service provider, or other organization responsible for assigning email addresses. NOTWITHSTANDING ANY OTHER PROVISION OF THESE OFFICIAL RULES, THE SPECIFIC RULES SET FORTH ON ANY GIVEAWAY PAGE OR ANY OTHER REPRESENTATION, ALL PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OR GUARANTEE OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND ONE COUNTRY HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.

 

  1. Choice of Law and Limitation of Liability. All disputes and disagreements between us will be governed by laws of the State of Arkansas, without regard to its conflict of laws provisions. Unless the law prohibits you from doing so, you agree to waive the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages and Participants further waive all rights to have damages multiplied or increased.

 

  1. Transfer.  The transfer of status as a winner of a Giveaway is strictly prohibited.

 

  1. General Conditions; Publicity. By participating in a Giveaway, each Participant agrees to abide by and be bound by these Official Rules, the Specific Rules for the subject Giveaway, and the decisions of One Country. All such decisions shall be final, binding and non-appealable in all respects. Prizes and Giveaway wins are non-assignable and non-transferable. Unless expressly provided in the specific page rules of a Giveaway or in these Official Rules, no Prize substitutions or cash redemptions of any Prize or any portion thereof is allowed, offered or available. One Country reserves the right in its sole discretion to substitute any Prize or portion thereof of equal or greater value if any Prize or portion thereof is unavailable for any reason. Details of Prizes or portions thereof not specified herein, if any, will be determined at the sole discretion of One Country. Each Giveaway Participant (excluding residents of the State of Tennessee and where otherwise prohibited by law) grants One Country the irrevocable, unrestricted worldwide right to use, publish, display, broadcast and distribute materials bearing such Participant's name, voice, image, likeness and/or any other identifiable representation of such Participant, including, but not limited to, Content provided by or statements attributable to such Participant ("Participant's Likeness"). Such right shall be granted via the Affidavit (for Major Prizes) or the Statement (for Minor Prizes) which must be executed and returned to One Country as described in “Notification of Win” above before being awarded any Prize. Each Participant agrees that all materials containing such Participant's Likeness shall be and remain the sole and exclusive property of One Country, and by executing the Affidavit or Statement such Participant hereby assigns or licenses any and all rights in or to such material to One Country and releases and forever discharges One Country from any and all claims, liabilities and damages relating to the use of Participant's Likeness. Participant hereby waives any and all rights to inspect or approve One Country's use of the submission or Participant's Likeness, or any part or element thereof. Failure to execute the Affidavit or Statement will result in an alternate potential winner being selected as described in Section 7 above. Prize winners shall be responsible for all federal, state and/or local income taxes incurred in association with acceptance of the Prizes. By participating in a Giveaway, each Participant agrees that One Country, its parent company, subsidiaries, affiliates, franchisees, local advertising cooperatives, advertising/promotion agencies, and all of their respective directors, officers, employees, representatives, and agents (the "Giveaway Entities") shall not be responsible or liable for: (a) miscommunications, printing errors, clerical, typographical or other error in any Giveaway materials or printed copy or artwork, or any Prize offering announcement; (b) any errors of any kind, whether human, mechanical, clerical, electronic, digital or technical in nature, or unauthorized human intervention; or (c) any losses, damages or injuries of any kind, including, but not limited to those related to defamation, portrayal in a false light or privacy rights, resulting from or in connection with participation in any Giveaway or from acceptance, receipt, possession and/or use or misuse of a Prize, including from the posting or publication of any information or portion thereof online or in any media. All Giveaways are subject to all applicable federal, state and local laws and regulations. Any Prizes that are not duly claimed in accordance with these Official Rules will not be awarded.

 

  1. Prize Conditions; Winner’s List. Any and all costs, fees, and expenses not expressly stated in the Prize description are the sole responsibility of the Prize winner(s). Any difference between the approximate retail value of a Prize and the actual value of a Prize will not be awarded to the winner(s).  In order to obtain information about the winners of our Giveaways, please see the Specific Rules for that Giveaway.

 

  1. Miscellaneous.

 

             (a)        DISQUALIFICATION. IT IS THE PARTICIPANT’S RESPONSIBILITY TO ENSURE COMPLIANCE IN ALL RESPECTS WITH THESE OFFICIAL RULES AND WITH THE SPECIFIC RULES FOR A GIVEAWAY. ONE COUNTRY RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO DISQUALIFY ANY INDIVIDUAL WHO: (i) TAMPERS WITH THE ENTRY PROCESSES OR THE OPERATION OF ANY AND ALL GIVEAWAYS; (ii) ACTS IN VIOLATION OF THESE OFFICIAL RULES; OR (iii) ACTS WITH THE INTENT TO DISRUPT OR UNDERMINE THE LEGITIMATE OPERATION OF THE GIVEAWAYS, OR TO ANNOY, ABUSE, THREATEN OR HARASS ANY OTHER PERSON. ONE COUNTRY RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

             (b)       Force Majeure. To the maximum extent permitted by law, One Country reserves the right, without prior notice and at any time, to terminate a Giveaway, in whole or in part, or modify or suspend a Giveaway, or any portion thereof, in any way, if it determines, in its sole discretion, that the Giveaway is impaired or corrupted or that fraud, breach of confidentiality, or technical problems, failures or malfunctions have destroyed or severely undermined the integrity and/or feasibility of the Giveaway. In the event that One Country is prevented from continuing with a Giveaway as contemplated herein by any event beyond its control, including, but not limited to, fire, flood, natural or man-made epidemic (including COVID 19) of health or other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal, state or local government law, order, or regulation, public health crisis, order of any court or jurisdiction, if the Prize becomes unavailable, or other cause not reasonably within One Country’s control (each a “Force Majeure” event or occurrence), then subject to any governmental approval which may be required, One Country shall have the right to modify, suspend, or terminate the Giveaway, including without limitation the right to substitute the Cash Alternative for the Prize in a given Giveaway. Only the type and quantity of Prizes described in the Rules will be awarded unless a substitution is required due to unavailability. If, due to printing, production, or human errors, or for any reason, more potential winners in any Prize category come forward seeking to claim Prizes in excess of the number of each type of Prize as set forth in the Rules, the winners, or remaining winners, as the case may be, of the advertised number of Prizes available in the Prize category in question may be selected in a random drawing from among all persons making purportedly valid claims for such Prize(s) in that Prize category. Inclusion in such drawing shall be each Participant's sole and exclusive remedy under such circumstances.

            (c)        Invalidity.  The Rules cannot be modified or amended in any way except in a written document issued in accordance with law by a duly authorized representative of One Country. The invalidity or unenforceability of any provision of the Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, the Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Giveaway materials and/or the Specific Rules on the one hand, and these Official Rules on the other hand, these Official Rules shall prevail, govern and control unless expressly stated to the contrary herein.

            (d)       Language.  In the event there is a discrepancy or inconsistency between the English language version and any other language version of these Official Rules, the Specific Rules and/or of any other Giveaway materials, the English version shall prevail, govern and control.

         (e)        Governing Law. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, the Specific Rules or the rights and obligations of Participant or One Country in connection with any Giveaway, shall be governed by and construed in accordance with the internal laws of the State of Arkansas without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state or local laws.

            (f)        Arbitration Disclosure. The parties (and Released Parties and Giveaway Entities) hereby agree that: (1) any claim, dispute, or controversy (whether in contract, tort, or otherwise) that any party (or Released Party) may have against any other party (or Released Party or Giveaway Entity), arising out of, relating to, or connected in any way with the Giveaway, the awarding or redemption of Prizes, or the determination of the scope or applicability of this agreement to arbitrate (collectively, a “Claim”), will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator pursuant to the applicable rules and procedures established by JAMS ("Rules and Procedures"); (2) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act ("FAA"), 9 U.S.C. §§ 1-16; (3) the arbitration shall be held at a location determined by JAMS pursuant to the Rules and Procedures (provided such location is reasonably convenient for Participant), or at such other location as may be mutually agreed by Participant and One Country; provided, that, for claims of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions; (4) the arbitrator's decision shall be controlled by the terms and conditions of these Official Rules, the terms of the Specific Rules and the terms of any of the other agreements referenced herein that the Participant may have entered into in connection with the particular Giveaway; (5) the arbitrator shall apply Arkansas law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (6) there shall be no authority for any claims to be arbitrated on a class or representative basis as Participant hereby waives the right to assert claims in any class or representative action; (7) arbitration can thus decide only Participant's individual claims; (8) the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (9) to the extent permitted by law, the arbitrator shall not have the power to award punitive, incidental or consequential damages against Participant or One Country; (10) in the event that the administrative fees and deposits that must be paid to initiate arbitration against One Country exceed $125 USD for claims less than $10,000 or $375 for claims greater than $10,000 but less than $75,000, One Country agrees to pay them and/or forward them on the Participant's behalf. In addition, One Country will pay the Participant's filing and hearing fees in connection with the arbitration; and (11) with the exception of subparts (6)-(8) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, 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, subpart (6)-(8) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither One Country nor Participant shall be entitled to arbitrate their dispute. If a Claim is not subject to arbitration pursuant to the foregoing provisions of this Section 19(f), then you agree such Claim will be limited to your actual out-of-pocket costs incurred (if any), excluding fees and court costs, to the extent decided your Claim will be decided individually, and to the extent decided your Claim shall not be decided with resort to any form of class or representative action. To the extent permitted by law, the existence of the arbitration, Claim or other action pertaining to the Claim, the arbitration, settlement or other proceedings, and the outcome of the arbitration, settlement or other proceeding will be treated as confidential and will not be disclosed by either party. You agree that an award, and any judgment, ruling, decision or agreement confirming it, only applies to the proceeding in which it was awarded or agreed to and cannot be used in any other proceeding except to enforce the award or agreement itself. For more information on JAMS and/or JAMS Rules and Procedures, you may visit the JAMS Website at http://www.jamsadr.org.

 

  1. Updates; Conjunction with Specific Rules, Terms of Service, Subscription Policy, Refund Policy and Privacy Policy

 

  1. THESE OFFICIAL RULES ARE SUBJECT TO CHANGE BY ONE COUNTRY WITHOUT PRIOR WRITTEN NOTICE AT ANY TIME, IN OUR SOLE DISCRETION. ANY CHANGES TO THESE RULES WILL BE IN EFFECT AS OF THE "LAST UPDATED” DATE REFERENCED AT THE TOP OF THESE RULES; PROVIDED, HOWEVER, THAT ANY AMENDMENT OR MODIFICATION TO THESE RULES SHALL NOT APPLY TO ANY GIVEAWAYS WHICH BEGAN PRIOR TO THE APPLICABLE AMENDMENT OR MODIFICATION. YOU SHOULD REVIEW THESE RULES BEFORE ENTERING ANY GIVEAWAY THAT IS DESCRIBED ON THIS SITE.

 

  1. The terms of these Official Rules are intended to be construed in conjunction with the applicable Specific Rules, as well as the One Country Terms of Service, Subscription Policy, Refund Policy and Privacy Policy available at onecountry.com and, except as otherwise expressly provided herein or therein, no provision of any such agreement or document is intended to supplant or replace any provision of any other document.