HIT AND RUN CANDLESTICK, INC. TRADING COMPUTER GIVEAWAY
SWEEPSTAKES OFFICIAL RULES
NO PURCHASE OR PAYMENT NECESSARY. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCE OF WINNING. PROMOTION IS OPEN TO LEGAL RESIDENTS OF THE 50 UNITED STATES, DISTRICT OF COLUMBIA, AND CANADA (EXCLUDING QUEBEC), WHO ARE AT LEAST THE AGE OF MAJORITY IN THEIR STATE/PROVINCE OF RESIDENCE AT TIME OF ENTRY. VOID IN PUERTO RICO, GUAM, AMERICAN SAMOA, QUEBEC, AND WHERE PROHIBITED BY LAW.
ODDS OF WINNING ARE DEPENDENT UPON THE NUMBER OF ELIGIBLE ENTRIES RECEIVED. VOID WHERE PROHIBITED BY LAW. AFFIDAVIT OF ELIGIBILITY / RELEASE OF LIABILITY / PRIZE ACCEPTANCE AGREEMENT WILL BE REQUIRED. ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.
PROMOTION PERIOD: The Hit and Run Candlestick, Inc. Trading Computer Giveaway (the “Sweepstakes”) begins at 12:00 a.m. Central Daylight Time (“CDT”) on March 15, 2021 and ends at 11:59 p.m. CDT on April 15, 2021 (the “Promotion Period”), subject to any authorized extension.
ELIGIBILITY: The Sweepstakes is open only to natural persons who are a legal resident of one of the fifty (50) United States or the District of Columbia (excluding Puerto Rico, Guam, American Samoa, United States territories, possessions, and protectorates, foreign based United States military installations, and wherever restricted or prohibited by law), or Canada (excluding Quebec) (the “Territory”) who have reached the legal age of majority in their state/province/territory of residence and are located in the Territory at the time of entry (the “Entrant”). Any Entrant who has been convicted of a felony will not be eligible to participate or win.
Sponsors, employees of Sponsors, and all of their respective partners, parent companies, divisions, subsidiaries, affiliates, trustees, advertising, promotion and public relations agencies, and their respective officers, directors, employees, agents, independent contractors, representatives and agencies (collectively, the “Sweepstakes Entities”) are not eligible to participate in the Sweepstakes and/or win a Prize (as defined below). Additionally, immediate family members of such employees and persons living in the same household as such employees (whether related or not) are not eligible to win. For the purposes of this Sweepstakes, “immediate family members” is defined as spouse, domestic partner, mother, father, grandmother, grandfather, children, siblings and their spouses and “persons living in the same household” shall mean people who share the same residence at least three (3) months a year, whether legally related or not.
By entering this Sweepstakes, Entrant agrees to be bound by these Official Rules and the decisions of the Sponsor, which are final and binding in all respects and cannot be challenged or appealed.
HOW TO ENTER: During the Promotion Period, there are four (4) ways to enter:
- Existing Member Entry: If, as of March 15, 2021, you are a member in good standing of one of the Membership Programs described below, you will be automatically entered into the Sweepstakes and receive one (1) entry. Existing members will not receive an entry if they cancel their membership during the Promotion Period. If Sponsor issues a refund to an Entrant or if the Entrant initiates a credit card dispute or charge-back no entry will be provided. By using this method, Entrant understands and agrees they will not receive additional entries.
- New Member Entry: During the Promotion Period, visit www.hitandruncandlesticks.com or www.ricksaddler.com (the “Website”) and purchase one (1) of the available Hit & Run Candlesticks Memberships or Right Way Options Memberships (the "Membership"). Follow the instructions on the Website to become a member in the selected Membership. Entrant is limited to one (1) entry into the Sweepstakes even if you have both a Hit & Run Candlesticks and Right Way Options Membership.
- For the Hit & Run Candlesticks membership, you have four (4) different Membership options – monthly, quarterly, semi-annually, and annual. Each new member, regardless of Membership selected, will receive one (1) entry into the Sweepstakes as provided in these Official Rules.
- For the Right Way Options membership, you have four (4) different Membership options – monthly, quarterly, semi-annually, and annual. Each new member, regardless of Membership selected, will receive one (1) entry into the Sweepstakes as provided in these Official Rules.
Entries are conditional on maintaining your membership status in good standing in the Membership selected. If Sponsor issues a refund to an Entrant or if the Entrant initiates a credit card charge-back, the corresponding number of entries associated with the membership will be revoked. By using this method, Entrant understands and agrees they will not receive additional entries.
- Newsletter Signup: To obtain one (1) entry without making a purchase, Entrant may sign up for Sponsor’s periodic email newsletter at https://lifk9pbw.pages.infusionsoft.net/. If Entrant unsubscribe during the Promotion Period their entry will be invalidated and they will be disqualified from winning a prize. The email used to sign up will be the email used for prize notification. Entrant is responsible for monitoring the email and replying to any prize notification as required by these Official Rules. For individuals who have an active subscription to Sponsor’s email newsletter as of the start date of this Sweepstakes, each will receive one (1) entry into the Sweepstakes unless Sponsor is notified of the decision to opt-out of the entry. By using this method, Entrant agrees that any other entries using other methods will be void.
- Alternative Means of Entry (“AMOE”): To obtain an entry without making a purchase, Entrant must legibly handprint their name, street address, city, state or province/territory, ZIP or postal code, telephone number, complete e-mail address on a standard 3” x 5” card and mail in a handwritten envelope which includes a handwritten return address in the upper left-hand corner that matches Entrant’s street address. Entrant is not permitted to use any third party to assist with the entry process in any way. The envelope must have sufficient postage and be free of any extraneous decoration, drawing, stickers, or tape. Mail to: Hit and Run Candlestick, Inc. 2733 E. Battlefield #287, Springfield, MO 65804 (each envelope must be mailed individually and separately) (“Mail-In Entry”). Limit one (1) Mail-In Entry per envelope. Mail-In Entry and envelope must be legibly handwritten. Mechanical reproductions, postage-due, Mail-In Entries sent in excess of the entry limits will not be accepted. Mail-In Entries received without a verifiable and legible residential return address as required herein or in any adorned envelope will be deemed incomplete and void. Mail-In Entries must include all required information (as provided above) to be considered a valid entry. Bulk shipments (multiple entries in one shipping package) will not be accepted and will be destroyed. Mail-In Entry must be postmarked no later than five (5) days prior to the end of the Promotion Period and received no later than the end of the Promotion Period. Earn one (1) entry per valid Mail-In Entry. Entrant is limited to one (1) Mail-in Entry during the Promotion Period. Requests for confirmation of receipt of Mail-In Entry will not be acknowledged. No photo copies, facsimiles, or reproductions of Mail-In Entry will be accepted. Sponsor is not responsible for late, lost, damaged, stolen, incomplete, illegible, postage due, or misdirected entries. Proof of mailing does not constitute proof of delivery. By using this AMOE method, Entrant agrees that any other entries using other methods will be void.
All information must be complete to be eligible.
Maximum of one (1) entry per person during the Promotion Period, regardless of method of entry used.
WINNER SELECTION PROCESS: Sponsor will conduct a random drawing within three (3) days of the end of the Promotion Period, from among all eligible entries received during the applicable Promotion Period, to determine the winner. Sponsor will announce the winner live in the Hit and Run Candlesticks trading room. The date and time of the announcement will be posted in the Hit and Run Candlesticks trading room twenty-four (24) hours prior to the date of announcement. Winner does not need to be present or comment to win.
Should the Prize be forfeited, Sponsor may, at Sponsor’s sole discretion, choose another winner.
If a potential winner is found ineligible or fails to comply with these Official Rules or any additional supplemental rules, that individual’s claim to a prize is forfeited and an alternate qualifying and eligible Entrant may be selected, at Sponsor’s sole discretion.
All prizes legitimately claimed will be awarded.
GRAND PRIZE WINNER:
One (1) grand prize winner (the “Grand Prize Winner”) will receive: a F-52GT Flacon Trading System Computer (the “Prize”).Total approximate retail value (ARV) of the Prize: $3,000.00 (US).
All federal, state and local taxes on a prize are the sole responsibility of the Grand Prize Winner. Grand Prize Winner is also responsible for any other costs and expenses associated with the acceptance and use of the Prize.
Prize is not transferable or redeemable for cash. Any portion of the Prize that is not used is forfeited. No substitutions for prize except by Sponsor, in which case a prize of equal or greater value will be substituted.
GENERAL RULES: Potential Grand Prize Winner will be notified by phone, email, or mail within 48-hours of the drawing. Potential Grand Prize Winner will be required to sign and return an Affidavit of Eligibility/Publicity and Liability Release, and IRS Form-W9 (where legal and where required) within the time period designated in the notification or Prize will be forfeited and, at Sponsor’s sole discretion, an alternate winner determined at random from among the remainder of all eligible entries. If any potential Grand Prize Winner is deemed a minor in their state or jurisdiction of residence, the Prize will be forfeited. Should the potential Grand Prize Winner (or any other alternate potential Grand Prize Winner) decide to decline the Prize for any reason whatsoever, Sponsor shall have no further obligation to that potential Grand Prize Winner, and, at Sponsor’s sole discretion, an alternate potential Grand Prize Winner may be selected, if time permits. Taxes and fees related to the Prize are the sole responsibility of the Grand Prize Winner. The Prize will be delivered approximately 4-6 weeks after verification of the Grand Prize Winner, though delivery may be delayed if the items making up the Prize are unavailable or if there is delay by the carrier making delivery.
Acceptance of the Prize constitutes permission to the Sponsor to use Grand Prize Winner’s name and/or likeness for purposes of advertising and trade without further compensation, unless prohibited by law. By accepting the Prize, Grand Prize Winner agrees to hold Sweepstakes Entities harmless against any and all claims and liability from any accident, loss or injury occurring from this promotion or in any way related to the Prize or use/misuse thereof. No substitution or transfer of Prize allowed, except at Sponsor’s sole discretion. Sweepstakes Entities shall not be liable for any printing or other errors or for delays in internet transmission or mail service. All entries become the property of Sponsor and will not be acknowledged or returned. By participating in this promotion, Entrant agrees to be bound by these Official Rules, any additional supplementary rules, and the decisions of the Sponsor, which are final and binding. Any questions, comments, or complaints regarding the promotion are to be directed to the Sponsor at the address below.
DISCLAIMERS: By participating in the Sweepstakes, Entrant agrees to release, discharge, indemnify and hold harmless the Sweepstakes Entities, Google, LLC, Twitter, Inc., Facebook, Inc., Instagram, Inc., and each of their respective directors, officers, employees, agents, successors and assigns (the “Released Parties”) from and against any and all claims, liability, costs (including attorneys’ fees), losses, damages, fines or injuries (up to and including bodily injury and death) of any kind arising out of or related to: (i) Entrant’s participation in the Sweepstakes; (ii) any acceptance, possession, misuse or use of any prize (including, without limitation, losses, damages or injuries to Entrant’s or any other person’s equipment or other property, or to their persons, including those arising from any travel to/from any prize event or activity); (iii) the Released Parties’ violation of rights of publicity or privacy, claims of defamation or portrayal in a false light or based on any claim of infringement of intellectual property; and (iv) any typographical, human or other error in the printing, offering, selection, operation or announcement of any Sweepstakes activity and/or prize. Without limiting the generality of the foregoing, Entrants agree that the Released Parties have neither made nor will be in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, in connection with the Sweepstakes and/or with respect to prizes, including, without limitation, to any prize’s quality or fitness for a particular purpose. Entrant agrees that the Released Parties shall have no responsibility or liability for discontinued prizes; human error; incorrect or inaccurate transcription of registration and/or account information; any technical malfunctions of the telephone or data network, computer online system, computer dating mechanism, computer equipment, software, social media platform, or Internet service provider utilized by Sponsor; interruption or inability to access the website, application or any online service via the Internet due to hardware or software compatibility problems; any damage to Entrant’s (or any third person’s) computer or mobile device and/or its contents related to or resulting from any part of the Sweepstakes; any lost/delayed data transmissions, omissions, interruptions, viruses, bugs, defects; and/or any other errors or malfunctions, even if caused by the negligence of the Released Parties. Each Entrant further agrees to indemnify and hold harmless the Released Parties from and against any and all liability resulting or arising from the Sweepstakes and to release all rights to bring any claim, action or proceeding against Released Parties and hereby acknowledge that the Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to a prize, including express warranties provided exclusively by a supplier that may be sent along with a prize. The Released Parties are not responsible for any changes or unavailability of the internet service provider or online platform used for purposes of administering this Sweepstakes that may interfere with the Sweepstakes (including any limitations, any restrictions, or any conditions on Sponsor’s ability to use the website or online platform for the Sweepstakes as set forth herein that are not acceptable to Sponsor) or ability of Entrant to timely enter, receive notices, or communicate with Sponsor via email, in which case Sponsor, in its sole discretion, may terminate or modify the Sweepstakes.
The Sweepstakes Entities are not responsible for human errors or for any damaged, tampered with, delayed, illegible, incomplete, inaccurate, garbled, late, lost, forged, misaddressed, misdirected, mutilated, mass machine-generated, unintelligible, incomprehensible, stolen entries or entries otherwise not in compliance with these Official Rules or any additional supplemental rules. In addition, Sweepstakes Entities are not responsible for any typographical errors in these Official Rules or any additional supplemental rules, Sweepstakes content or any advertising materials for the Sweepstakes, or for any kind of computer, electronic, hardware, software, Internet, network, data, technical or telephone failures and/or problems caused by the Sponsor and/or the Sweepstakes Entities or the user, or by any of the equipment or programming associated with or utilized in the Sweepstakes, or by any human, typographical, electronic, network or other error that may occur in receiving and/or processing of the entries in the Sweepstakes, or by infection by computer viruses, bugs, tampering, unauthorized intervention, fraud or technical failure.
If the Sweepstakes becomes compromised, hampered, interrupted, not capable of running as planned, rendered impossible of performance in any way or prevented, including, without limitation, because of any kind of computer viruses, bugs, electronic, hardware, software, Internet, network, technical or telephone failures, tampering, unauthorized intervention, fraud, an event of force majeure or any other cause created by Sponsor and/or the Sweepstakes Entities, any user or Entrant, or by any of the equipment or programming associated with or utilized in the Sweepstakes, Sponsor reserves the right, at its sole discretion, to change the Official Rules, to cancel, modify, suspend, or withdraw the Sweepstakes or any Sweepstakes offer and/or cancel, modify, suspend, or withdraw any method of entry, without notice, and select prize winners from all valid entries received for the Sweepstakes prior to or after the cancellation, modification, suspension or withdrawal. As used herein, an event of force majeure shall be deemed to include, without limitation, an act of God or public enemy; an act or threat of terrorism, war (declared or undeclared), riot or civil commotion, fire, flood, natural or man-made epidemic of health or other means, earthquake, explosion, labor dispute or strike, riot or civil disturbance, public health crisis (e.g. COVID-19, SARS, Ebola, Measles), casualties, satellite or equipment failure, boycott; labor dispute, strike or stoppage (including a strike by the members of any union), labor or material shortage, transportation interruption of any kind, an act, regulation, order or request of or by any federal, state or local authority or quasi-governmental entity (whether or not the act, regulation, order or request proves to be invalid); order or any court or jurisdiction, or any other cause not reasonably within the Sponsor’s control.
GENERAL CONDITIONS OF ENTRY: All Entrants, as a condition of entry, agree that they have not been required to purchase any kind of product or service whatsoever in order to participate in and/or enter the Sweepstakes. The Sweepstakes Entities are not responsible for the actions of Entrant in connection with the Sweepstakes, including Entrant’s attempts to circumvent the Official Rules or any additional supplemental rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Sweepstakes. Persons found tampering with or abusing any aspect of this Sweepstakes, or whom Sponsor believes to be causing malfunction, error, disruption or damage may be disqualified. Additionally, any attempt to cheat the Sweepstakes, as determined in the sole and absolute discretion of Sponsor, may result in immediate disqualification of the Entrant, as well as other possible consequences, including disqualification from any and all existing and future sweepstakes. ANY ATTEMPT BY A PERSON TO DAMAGE ANY WEBSITE (INCLUDING ANY SOCIAL MEDIA PLATFORM OR APPLICATION) OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK ALL LEGAL AND EQUITABLE REMEDIES FROM AND AGAINST ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor reserves the right, in its sole and absolute discretion, to disqualify (or terminate the prize of) any individual who is found to be, or suspected of, acting in violation of these Official Rules or any additional supplemental rules, or to be acting in an unsportsmanlike, obscene, immoral, or disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person.
Entrant further understands and agrees that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release(s) are hereby expressly and forever waived. Entrant acknowledges that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.
GOVERNING LAW: The parties agree that the Sweepstakes and these Official Rules or any additional supplemental rules will be governed, construed and interpreted under the laws of the State of Missouri, without giving effect to any choice of law or conflict of laws rules (whether of the State of Missouri or any other jurisdiction) which would cause the application of the laws of any jurisdiction other than the State of Missouri.
DISPUTE RESOLUTION: Entrants, Sponsor, Sweepstakes Entities, and the Released Parties (each, a “Party” and collectively the “Parties”) each agree to fully and finally settle all disputes only through binding arbitration; provided, however, the Sponsor shall be entitled to seek injunctive or equitable relief in the state and federal courts serving Greene County, Missouri and any other court with jurisdiction over the Parties. In arbitration, there is no judge or jury and review is limited. The arbitrator’s decision and award are final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The Parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to this Sweepstakes shall be resolved solely by binding arbitration conducted in English before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. (“JAMS”) or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a “Demand for Arbitration”, then either Party can elect to have the arbitration administered by the American Arbitration Association (“AAA”) or any other mutually agreeable arbitration administration service. If an in-person hearing is required, then it will take place in Greene County Missouri. The federal or state law that applies to these Official Rules will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn’t apply and the dispute must be brought in a court of competent jurisdiction serving Greene County, Missouri.
Scope. This agreement to arbitrate claims and disputes is intended to be broad and includes, without limitation, (i) claims or disputes relating to any aspect of the Sweepstakes, whether based in contract, tort, statute or any other legal theory, (ii) claims or disputes directly or indirectly arising from conduct or events that occurred prior to the effective date of these Official Rules or any additional supplemental rules (including, without limitation, claims relating to advertising), or after its termination, (iii) claims or disputes subject to class action litigation in which you are not currently a member of a certified class, and (iv) claims or disputes with any agent, employee, successor or assign of you, the Sponsor, or the Sweepstakes Entities (all such claims and disputes are referred to collectively as “Claims”). This agreement to arbitrate does not, however, include Sponsor’s Claims pertaining to intellectual property rights.
No Preclusive Effect. No award or finding or stipulation of fact by the arbitrator will have any preclusive or collateral estoppel effect in any other arbitration or court, unless it involves the exact same parties.
Severability. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, 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 or illegal provision were not contained herein.
Notwithstanding the foregoing, Sponsor may seek equitable relief in any court of competent jurisdiction.
LIMITATION OF LIABILITY: BY ENTERING THE SWEEPSTAKES, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) 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, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED FIVE DOLLARS ($5.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (C) 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 NOT TO EXCEED FIVE DOLLARS ($5.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (D) ENTRANTS’ 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 YOU.
WINNER LIST: Grand Prize Winner will be announced on the Sponsor’s Hit and Run Candlesticks trading room. All winners are subject to verification.
ADDITIONAL RULES RELATED TO NON-US RESIDENTS: Potential Grand Prize Winner who resides in Canada will be required to correctly answer a time-limited mathematical skill testing question administered by Sponsor, or Sponsor’s designated agent, via email or telephone prior to award of any prize.
SPONSOR: This Sweepstakes is sponsored by Hit and Run Candlesticks, Inc., 2733 E. Battlefield #287, Springfield, MO 65804. Reference to third parties in connection with prizes and/or third-party websites or services are for reference and identification purposes only and not intended to suggest endorsement, sponsorship, or affiliation with Sponsor or the Sweepstakes.
Hit and Run Candlesticks, Right Way Options, and their logos are trademarks of Hit and Run Candlestick, Inc. All trademarks, service marks, logos, products, or service names are the property of their respective owners. All Rights Reserved. This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Google, LLC, Twitter, Inc., Facebook, Inc., Instagram, Inc., or any other third-party not specifically designated by Sponsor. Information is being provided solely to Sponsor in accordance with these Official Rules.
© 2021 Hit and Run Candlestick, Inc. All rights reserved. These Official Rules may not be copied, edited, or used for any other purpose, commercial or otherwise, without the express written consent of Hit and Run Candlestick, Inc.