Cynch Facebook Promotion
Cynch "Thinksgiving" Facebook Promotion ("Sweepstakes")
Rules, Terms and Conditions ("Official Rules")
NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
THIS SWEEPSTAKES IS INTENDED FOR PLAY IN THE UNITED STATES ONLY AND WILL BE GOVERNED BY U.S. LAW. DO NOT ENTER IF YOU ARE NOT ELIGIBLE AND LOCATED IN THE UNITED STATES AT THE TIME OF ENTRY. BY SUBMITTING AN ENTRY, ENTRANT ACKNOWLEDGES THAT HIS/HER ENTRY MAY BE POSTED ON THE WEBSITE AND/OR SOCIAL MEDIA CHANNELS, OF AMERIGAS PROPANE, L.P. DBA CYNCH ("CYNCH"), IN CYNCH'S DISCRETION.
1. Who Can Enter
The Sweepstakes is open to legal residents of the forty-eight (48) contiguous United States and the District of Columbia, who are at least eighteen (18) years of age (or the age of majority in the jurisdiction of his or her residence, whichever is older), as of the date of submission of their Entry (“Entrant(s)”). Excludes any jurisdiction in which this Sweepstakes is prohibited, requires registration, requires bonding or is in any other way restricted by law. Entries will NOT be accepted from persons who are legal residents of Alaska or Hawaii. Employees, contractors, directors and officers of Cynch, its parent, affiliates, subsidiaries, distributors, sales representatives, retailers, and advertising and all other service agencies involved with the Sweepstakes, and members of the immediate family (spouse, parent, child, sibling and their respective spouse), and household of each such employee are not eligible to participate.
2. Agreement to Rules, Terms and Conditions
Participation in the Promotion constitutes entrant’s full and unconditional agreement to and acceptance of these Rules, Terms and Conditions and the decisions of the Cynch, which are final and binding. Winning a prize is contingent upon being compliant with these Rules, Terms and Conditions and fulfilling all other requirements set forth herein. Cynch may modify or amend these rules by posting substitute rules through a link available at http://www.cynch.com/.
3. How to Enter
The Sweepstakes shall begin at 10:00 a.m. ET on Friday, November 18, 2022, and ends at 9:00 a.m. ET on Monday, November 21, 2022 (“Sweepstakes Period”). To enter the Sweepstakes, entrant must Comment with an answer to the question asked in the designated Promotion Posts (defined below) on facebook.com/CynchPropane/ (“Entry”). The designated promotion posts (“Promotion Posts”) will be posted on the following schedule:
- Friday, November 18, 2022, at 10:00 AM EST
- Saturday, November 19, 2022, at 10:00 AM EST
- Sunday, November 20, 2022, at 10:00 AM EST
Entries may be submitted at any time during the Sweepstakes Period. Entries submitted after the Sweepstakes Period will be disqualified. Sharing, liking, loving or any other form of reacting to the Promotion Post does not qualify as entry. Limit: one (1) Entry per promotional post per person. The maximum Entries per entrant over the Sweepstakes Period is three (3). Any Entries deemed profane or in any way inappropriate or illegal at the sole discretion of Cynch will be removed the page and deemed ineligible. Cynch will not accept any submissions via mail, e-mail or telephone. Incomplete entries or entries in excess of the stated limitation will be void. Entrants may not use any other device or artifice to register multiple times or as multiple Entrants. Any Entrant who attempts to enter under multiple identities or uses any device or artifice to enter multiple times will be disqualified and forfeits any and all prizes won, in Cynch’s discretion.
Entries must be submitted only by a single individual. No Entries by groups, clubs, businesses, or organizations will be accepted; joint Entries will not be accepted. Automated entries are not permitted. Submission of an Entry grants Cynch and its agents the irrevocable right to publish, use, adapt, edit and/or modify such Entry in any way, in any and all media, without limitation, and without consideration or notification to the Entrant.
By submitting an Entry you warrant and represent that it: (a) is your original work; (b) has not been previously published; (c) has not won previous awards; (d) does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity; and (e) that publication of the Entry via various media, including Web posting, will not infringe on the rights of any third party rights. Entrant will indemnify and hold harmless Cynch from any claims to the contrary. Any Entrant whose work includes likenesses of third parties or contains elements not owned by the Entrant (such as, but not limited to, depictions of persons, buildings, trademarks or logos) must be able to provide legal releases for such use including Cynch’s use of such Entry, in a form satisfactory to Cynch, upon request, prior to award of prize and/or naming of Entrant as a winner.
4. Release of Liability
BY SUBMITTING AN ENTRY, TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE (i) TO RELEASE CYNCH, ITS PARENT, SUBSIDIARY OR AFFILIATED COMPANIES, AND ADVERTISING AND PROMOTIONAL AGENCIES, CONTRACTORS AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES AS WELL AS FACEBOOK, INC., ITS PARENT, SUBSIDIARY OR AFFILIATED COMPANIES AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES (COLLECTIVELY, THE “RELEASEES” OR “RELEASED PARTIES”), FROM ANY AND ALL CLAIMS AND LIABILITIES, LOSS OR DAMAGE ARISING FROM OR RELATING TO YOUR SUBMISSION OF AN ENTRY AND/OR ACCEPTANCE, RECEIPT, POSSESSION, USE OR MISUSE OF A PRIZE; (b) under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses; (c) all causes of action arising out of or connected with this Sweepstakes, or any prize awarded, shall be resolved individually, without resort to any form of class action; and (d) any and all claims, judgments, and award shall be limited to actual out-of-pocket costs incurred, excluding attorneys’ fees and court costs.
5. Prize Drawing
Cynch will select a potential winner for each Prize in a separate random drawing from among all eligible Entries received on the corresponding Promotional Post. The random drawings will be held on or about Monday, November 21, 2022. The odds of being selected depend on the number of entries received. The Microsoft Random Number generator tool will be used to choose winner. Participants may only win one prize total.
6. Notification to Winner(s)
Potential winners will be notified via Direct Message on Facebook. The potential winner must follow the instructions contained in the Notice to validly claim their Prize. Failure to respond to Cynch’s direct message within seven (7) business days or inability by Cynch to send message notification after three (3) attempts will result in potential winner’s disqualification. Potential winners are subject to verification, including verification of age. If a potential winner is found not to be eligible or not in compliance with these Official Rules, or if prize notification or any prize is returned as undeliverable, the potential winner will be disqualified. In the event that a potential winner is disqualified for any reason, Cynch reserves the right to award a prize to an alternate Entrant chosen at random from the remaining non-winning, eligible entries OR forfeit the prize, even if the disqualified potential winner’s name may have been publicly announced. Potential winners must provide their full mailing address and/or email address as needed to Cynch in order to receive the prize. Cynch may also fulfill prize award through Facebook Direct Message when applicable. Once the prize is shipped or sent, Cynch relinquishes all responsibility for the prize. Each winner assumes any inherent or unforeseen damages associated with shipping, including lost or stolen items. Cynch is not responsible for any change of email address, mailing address and/or telephone number of Entrants.
7. Prize, Approximate Retail Values (“ARV”)
Prize: Three (3) winners will receive the following prize (the “Prize”): One (1) Amazon.com Gift Card (value $25). Total ARV for each of the three (3) individual Prizes: $25. The Prize will be awarded to the winner at random. Prizes are non-transferable and no cash equivalent or substitution of prize is offered, except at the sole discretion of Cynch. ARV may be as of date of printing of these Official Rules. The difference in value of prizes as stated herein and value at time of prize notification or delivery, if any, will not be awarded. Restrictions apply. Gift cards are subject to Amazon.com’s gift card terms and conditions. Visit www.amazon.com/gc-legal for additional details. If a prize, or any portion thereof, cannot be awarded for any reason, Cynch reserves the right to substitute prize with another prize of equal or greater value. Prize winners will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the prizes they receive, regardless of whether it, in whole or in part, are used. Following winner verification, please allow 3-6 weeks for shipping.
8. Additional Conditions
Void in AK, HI, and where prohibited by law. Cynch, its agencies and contractors are not responsible for technical, hardware, software or telephone malfunctions of any kind, lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications caused by a user or by any of the equipment or programming associated with or utilized in the intake or submission of Entries or by any human error which may occur in the processing of Entries or for any liability for damage to any computer system resulting from participation in, accessing or downloading information in submitting Entries. Cynch reserves the right, at its sole discretion, to modify or suspend this Sweepstakes or any portion hereof. Cynch reserves the right at its sole discretion to disqualify any individual who tampers or attempts to tamper with the Entry process, or who violates the Official Rules. Cynch’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. If, for any reason, the entry process is not capable of being implemented as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Cynch which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Entry process, then Cynch reserves the right at its sole discretion to cease accepting Entries altogether, to suspend accepting Entries for a certain period of time or to otherwise accept Entries in a modified manner as determined by Cynch in its sole discretion and which is fair, appropriate and in compliance with these Official Rules. Should multiple users of the same Facebook account enter the Sweepstakes and a dispute thereafter arise regarding the identity of the Entrant, the Authorized Account Holder of the Facebook account at the time of entry will be considered the Entrant. “Authorized Account Holder” is defined as the natural person whose e-mail address was used to create the Facebook account and who was assigned the e-mail address by an Internet access provider, on-line service provider or other organization which is responsible for assigning e-mail addresses or the domain associated with the submitted e-mail address.
YOU AGREE TO INDEMNIFY AND HOLD CYNCH, ITS SUBSIDIARIES, AND AFFILIATES, CONTRACTORS AND EACH OF THEIR RESPECTIVE MEMBERS, EMPLOYEES, AGENTS, ATTORNEYS AND/OR OTHER PARTNERS, HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES, COSTS AND SETTLEMENT COSTS), DAMAGES, SUITS, COSTS, DEMANDS AND/OR JUDGMENTS WHATSOEVER, DUE TO OR ARISING OUT OF: (A) YOUR SUBMISSION OF AN ENTRY OR USE OF THE WEBSITE; (B) YOUR BREACH OF THESE OFFICIAL RULES; AND/OR (C) YOUR VIOLATION OF ANY RIGHTS OF ANOTHER INDIVIDUAL OR ENTITY. THE PROVISIONS OF THIS SECTION ARE FOR THE BENEFIT OF CYNCH, ITS SUBSIDIARIES AND/OR AFFILIATES, AND EACH OF THEIR RESPECTIVE MEMBERS, EMPLOYEES, AGENTS, ATTORNEYS AND/OR OTHER PARTNERS. EACH OF THESE INDIVIDUALS AND ENTITIES SHALL HAVE THE RIGHT TO ASSERT AND ENFORCE THESE PROVISIONS DIRECTLY AGAINST YOU ON ITS BEHALF.
Except where prohibited, participation in the Sweepstakes constitutes a winner’s consent to Cynch and its agents’ use of such winner’s name, likeness, Entry, photograph, voice, opinions and/or hometown and state for promotional, advertising or other purposes, worldwide, in any and all media now known or hereafter devised, including the Internet, without limitation and without further payment, notification, permission or other consideration, except where prohibited by law.
Any controversy or claim arising out of or relating to the Sweepstakes shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply Pennsylvania law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Cynch will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Cynch shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE ENTRANT’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS SWEEPSTAKES IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.
BY PARTICIPATING IN THE SWEEPSTAKES, EACH ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE PROMOTION, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANT'S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO EVERY ENTRANT.
This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Facebook. By participating, you hereby release and hold harmless Facebook from any and all liability associated with this Sweepstakes.
This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Amazon.com, Inc or its affiliates. By participating, you hereby release and hold Amazon.com, Inc and its affiliates harmless from any and all liability associated with this Sweepstakes.
14. Winners List
You may obtain a list of the winner and/or a copy of these Rules, Terms and Conditions through the United States mail by sending a self-addressed, business sized stamped envelope to:
Cynch "Thinksgiving" Facebook Promotion – Promotion Rules
AmeriGas Propane, L.P.
460 N Gulph Rd.
King of Prussia, PA 19406
Requests for the winner list must be received before May 22, 2023.
This Sweepstakes is sponsored by AmeriGas Propane, L.P. d/b/a Cynch, 460 North Gulph Road, King of Prussia, PA 19406.