Texwin Gold Rush Giveaway Sweepstakes Official Rules

No purchase necessary to enter or win a prize in this Sweepstakes (defined below). A purchase will not increase your chances of winning. Void outside of the Territory and where prohibited by law.

By entering the Sweepstakes, you agree to be fully and unconditionally bound by these official rules stated herein (“Official Rules”), which are final and binding on all matters pertaining to the Texwin Gold Rush Giveaway Sweepstakes (“Sweepstakes”). You represent and warrant that you have read and understand these Official Rules, and that you meet the eligibility requirements set forth herein. In addition, you agree to accept the decisions of the Sponsor (defined below) as final and binding as it relates to the content of these Official Rules.

1. SPONSOR: Texwin Holdings, LLC, 1501 Goodnight Blvd, Wills Point, Texas 75169 (“Sponsor”).
2. SWEEPSTAKES PERIOD: The Texwin Gold Rush Giveaway Sweepstakes begins on September 9, 2024 at 9:00 am (CST) and ends on October 19, 2024 at 6:00 pm (CST) (“Sweepstakes Period”).
3. ELIGIBILITY: This Sweepstakes is open only to (a) legal residents of Texas, Oklahoma, Louisianna, and Arkansas; (b) who live within two hundred and fifty (250) miles of Wills Point, TX (“Territory”) at the time of entry and through prize fulfillment; and (c) who are at least eighteen (18) years old and age of majority in their state or jurisdiction of primary residence at the time of entry. Employees, officers, directors, and managers of Sponsor, its advertising and promotion agencies, and any other entities participating in the design, promotion, marketing, administration or fulfillment of this Sweepstakes, as well as each of their respective parent corporations, subsidiaries and affiliated companies (collectively, the “Released Parties”) and members of the immediate families (defined for these purposes as including any spouse, partner, parent, legal guardian, child, legal ward, sibling, grandparent, or grandchild and each of their respective spouses) and individuals living in the same household as such persons (whether or not related) are not eligible. This Sweepstakes is void outside of the Territory and where prohibited by law.
4. HOW TO ENTER: There are two (2) ways to enter the Sweepstakes:

• Method #1 (Purchase): During the Sweepstakes Period, an eligible person who makes a purchase from Sponsor in the amount of at least $500 and up to $100,000 (after all discounts have been applied, excluding taxes and fees) on a single order of metal buildings, pole barns, portable buildings, and/or site add-ons (an “Eligible Order”) will receive one (1) entry per $500 spent on the Eligible Order and be entered to participate in the Sweepstakes. Eligible Orders do not include purchases of any building materials or to any form of rental, lease, or rent-to-own transaction where the purchase is structured as a rental or lease-to-own arrangement.
• Method #2 (Mail-In): To enter the Sweepstakes without making a purchase (“Mail-In Entry”), legibly handwrite in black ink the name of the Sweepstakes and your complete name, mailing address, phone number, email address, and date of birth on a card or piece of paper that is no smaller than 3 x 5 inches and no larger than 4 x 6 inches and mail it with proper postage to: Texwin Holdings, LLC, 1501 Goodnight Blvd, Wills Point, Texas 75169. To be entered into the Sweepstakes, Mail-In Entries must be postmarked by October 19, 2024 and received by October 22, 2024. Each envelope/postcard is considered one (1) entry for the Sweepstakes. Multiple entries submitted or completed by anyone other than the entrant are void and persons engaging in such conduct may, in Sponsor’s sole discretion, be disqualified. No mechanical reproductions will be accepted. Mail-In Entries must contain all entry fields outlined above; otherwise, they are void and will not be eligible to win. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible, illegible, misdirected, or postage-due entries, all of which will be disqualified.

Regardless of the entry method used to enter the Sweepstakes, there is a limit of 200 entries per entrant for the entire Sweepstakes Period. Each entrant can only win one (1) Weekly Selection during the Sweepstakes and will not be eligible for any subsequent Weekly Selections; however, non-winning entries will be rolled over and eligible for subsequent Weekly Selections and all entries submitted during the Sweepstakes Period will be included in and eligible for the Grand Prizes Selection.

Entries must be completed, submitted, and received by Sponsor during the Sweepstakes Period and in strict accordance with the instructions and restrictions in these Official Rules. Those who do not follow all of the instructions, provide the required information, or abide by these Official Rules will be disqualified at the sole discretion of the Sponsor and any associated entry void. Purported entries that are incomplete, lost, late, misdirected, illegitimate, forged, altered, incomprehensible, garbled, or generated by a macro, bot, or other automated means will not be accepted and will be void. The use of any device or process to automate the entry process is prohibited. Entries made on your behalf by another, made by you on behalf of any other individual, or made by any entity, and/or originating at or using any web site or online service, including, without limitation, commercial promotion subscription, notification, and/or entering services, will be declared invalid and disqualified for this Sweepstakes. If you use fraudulent methods or otherwise attempt to circumvent the Official Rules, your submission may be removed from eligibility at the sole and absolute discretion of the Sponsor. As a condition of entering the Sweepstakes, without limiting any other provision in these Official Rules, each entrant gives consent for Sponsor and its agents to obtain and deliver his or her name, address, and other information and content to third parties for the purpose of administering this Sweepstakes and complying with applicable laws, regulations, and rules. All entries submitted are the property of the Sponsor.

5. SELECTION DATES AND ODDS: On or about each Selection Date in the Selection Date Chart below, potential winners will be selected in a random drawing from all eligible entries received by Sponsor during the Sweepstakes Period up to that Selection Date. Odds of winning a prize depend on the number of eligible entries received.

SELECTION DATE CHART
SELECTIONS	SELECTION DATE
Weekly Selection 1	September 18, 2024
Weekly Selection 2	September 25, 2024
Weekly Selection 3	October 2, 2024
Weekly Selection 4	October 9, 2024
Weekly Selection 5	October 16, 2024
Grand Prizes Selection	October 23, 2024

6. NOTIFICATION: Within five (5) business days of each winner determination, Sponsor will attempt to contact the potential winner. Sponsor will contact the potential winner either via email or telephone using the contact information provided. The potential winner will be required to respond to Sponsor as instructed within ten (10) business days of Sponsor attempting to contact the potential winner as described above. Entrants are encouraged to monitor their email accounts for correspondence from Sponsor.

The potential winner will be required to complete, sign, and return, without alteration and in the form presented by Sponsor, a declaration of eligibility and tax forms, as applicable (collectively, the “Winner Documents”) according to Sponsor’s instructions within five (5) business days from when Sponsor sends the Winner Documents or other time frame as specified by Sponsor or its representative. Failure to comply with these requirements, Sponsor’s or its representative’s instructions, or these Official Rules may, in Sponsor’s sole discretion, result in disqualification from the Sweepstakes and forfeiture of any prize potentially won. If needed, winners may be required to enter a purchase order for the prize at no cost to the winner.

If any prize, prize notification, or Sweepstakes-related communication is rejected, faulty, or returned as undeliverable or if the potential winner does not respond according to the notification’s or Sponsor’s instructions, or otherwise fails to comply with these Official Rules, the prize may, in Sponsor’s sole discretion, be forfeited and an alternate winner may be selected. Upon prize forfeiture, no compensation will be given and Sponsor will have no responsibility or liability to that participant. To claim a prize, each potential winner must follow the directions in his or her notification. Sponsor reserves the right to modify the notification procedures in connection with the selection of an alternate potential winner, if any.

Each prize claim is subject to verification by Sponsor. The prizes, if legitimately claimed, will be awarded. Prizes will not be disbursed until the building or site add-on that is the subject of the Eligible Order has been fully installed. Sponsor will not be obligated to pursue more than three (3) alternate winners for any prize for any reason, in which case that prize may go unawarded.

7. PRIZES: For each of the five (5) Weekly Selections, there will be one (1) winner (“Weekly Winner”) and there will be two (2) Grand Prize winners for the entire Sweepstakes Period (“Grand Prize Winners”). 

Each Weekly Winner will receive twenty-five percent (25%) cash-back on their Eligible Order (“Weekly Prize”). Each Grand Prize Winner will receive fifty percent (50%) cash-back on their Eligible Order (“Grand Prize”).

IMPORTANT FOR MAIL-IN ENTRIES – For Mail-In Entries, winners will receive a credit towards an Eligible Order in the amount of a 25% discount on an Eligible Order for a Weekly Winner and a 50% discount on an Eligible Order for a Grand Prize Winner; provided, however, that Mail-In Entry winners must complete Eligible Orders with the Sponsor within seventy-two (72) hours after notification from the Sponsor that the entrant won. To clarify, Mail-In Entry winners will not receive prizes in the form of cash. Mail-In Entry winners are strictly prohibited from selling, auctioning, trading, or otherwise transferring any, or any part of, the metal building, pole barn, portable building, or site add-on that is the subject of their Eligible Purchase, except with Sponsor’s express written permission, which may be granted or withheld for any reason in its sole discretion.

For the purposes of calculating prizes, the Eligible Order amount will be determined based on the purchase amount of the order after all discounts have been subtracted, excluding taxes and fees.

For clarity, under no circumstances will the amount of a Grand Prize exceed fifty percent (50%) cash-back, total, on the winner’s Eligible Order or, for Mail-In Entries, a fifty percent (50%) total discount on the winner’s Eligible Order. For example, if a Weekly Winner subsequently wins a Grand Prize, that individual will only be entitled to receive an additional twenty-five percent (25%) cash-back on their Eligible Order, or for Mail-In Entries, an additional twenty-five percent (25%) discount on their Eligible Order, bringing the total prize amount of the Weekly Prize and Grand Prize to no more than fifty percent (50%) cash-back on the individual’s Eligible Order or, for Mail-In Entries, a fifty percent (50%) total discount on the Eligible Order.

Approximate Retail Value (“ARV”) of each Weekly Prize, depending on the Eligible Order of the Weekly Winner: $125 minimum – $25,000 maximum.

ARV of each Grand Prize, depending on the Eligible Order of the Grand Prize Winner: $250 minimum – $50,000 maximum.

ARV of all prizes: $1,125 minimum – $225,000 maximum.

8. PUBLICITY RELEASE: By entering the Sweepstakes (except where prohibited by law), each entrant grants the Released Parties the irrevocable, sublicensable, absolute right and permission to use, publish, post or display their name, photograph, likeness, voice, prize information, biographical information, any quotes attributable to her or him, and other indicia of persona (regardless of whether altered, changed, modified, edited, used alone, or used with other material in the Released Parties’ sole discretion) for advertising, trade, promotional and publicity purposes, including posting the winner’s name and image on Sponsor’s website, and posting a celebration picture or video featuring the winner on Sponsor’s website and social media pages, without further obligation or compensation of any kind to her or him, anywhere, in any medium now known or hereafter discovered or devised (including, without limitation, on the Internet), worldwide, without any limitation of time, and without notice, review, or approval and each entrant releases all Released Parties from any and all liability related thereto. Nothing contained in these Official Rules obligates Sponsor to make use of any of the rights granted herein and entrant waives any right to inspect or approve any such use.
9. LIMITATION OF LIABILITY: By entering this Sweepstakes, entrants waive all right to, and hold the Released Parties harmless from, any claim, liability, loss, damage (including punitive, incidental, and consequential damages), or expense (including attorneys’ fees) arising out of or in connection with participation in this Sweepstakes or the acceptance, use, or misuse of any prize. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. Released Parties will not be responsible for: late, incomplete, or incorrect entries; an entrant’s failure to receive prize notices due to entrant’s spam, junk e-mail, or other security settings or for entrants’ provision of incorrect or otherwise non-functioning contact information; technical, hardware, or software malfunctions, lost or unavailable network connections, or failed, incorrect, inaccurate, incomplete, garbled, or delayed electronic communications whether caused by the sender or by any of the equipment or programming associated with or used in this Sweepstakes; by any human error which may occur in the processing of the entries in this Sweepstakes; or any typographical, technological, or other error in the publishing of the offer, administration of the Sweepstakes, or announcement of the prizes; or in the event that any of the Sweepstakes activities or Released Parties’ operations or activities are affected by any cause or event beyond the sole and reasonable control of the applicable Released Party (as determined by Sponsor in its sole discretion), including, without limitation, by reason of any acts of God, equipment failure, threatened or actual terrorist acts, air raid, act of public enemy, war (declared or undeclared), civil disturbance, insurrection, riot, epidemic, fire, explosion, earthquake, flood, hurricane, unusually severe weather, blackout, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, any law, rule, regulation, action, order, or request adopted, taken, or made by any governmental or quasi-governmental entity (whether or not such governmental act proves to be invalid), or any other cause, whether or not specifically mentioned above. If, in the Sponsor’s opinion, there is such an error, or there is any suspected evidence of tampering with any portion of the Sweepstakes, or if technical difficulties (including viruses and bugs) compromise the integrity of the Sweepstakes, Sponsor reserves the right to, in its sole discretion, cancel or modify this In the event of termination, winners will be selected from among all eligible entries received as of date of termination. In the event a dispute arises as to the identity of a potentially winning entrant, entries will be declared made by the name on the online entry form.
10. GENERAL TERMS AND CONDITIONS: All prize details not specifically stated in these Official Rules will be determined by Sponsor in its sole discretion. All taxes (federal, state, and local), as well as any expenses associated with prize acceptance and use and not specified in these Official Rules as being provided as part of the prize, are the sole responsibility of the winner. Mailed prizes will only be mailed to a confirmed winner’s address in the Territory, unless otherwise agreed to by Sponsor. Sponsor is not responsible for and will not replace any lost, mutilated, or stolen prize or prize component, or any prize/prize component that is undeliverable or does not reach a winner because of incorrect or changed contact information. If a winner does not accept or use the entire prize, the unaccepted or unused part of the prize will be forfeited and Sponsor will have no further obligation with respect to that prize or portion of the prize. Sponsor is not responsible for any inability of any winner to accept or use any prize (or portion thereof) for any reason. Winner is strictly prohibited from selling, auctioning, trading or otherwise transferring any part of a prize, except with Sponsor’s permission, which may be granted or withheld for any reason in its sole discretion. No transfers, prize substitutions or cash redemptions will be made, except at Sponsor’s sole discretion. Sponsor reserves the right to substitute any stated prize or portion thereof with another prize or portion thereof of equal or greater value for any reason, including, without limitation, prize unavailability. No more than the stated prize will be awarded. Entrants waive the right to assert, as a cost of winning any prize, any and all costs of verification and redemption or travel to claim the prize and any liability and publicity which might arise from claiming or seeking to claim said prize.

Sponsor’s decisions will be final in all matters relating to this Sweepstakes, including interpretation of these Official Rules, acceptance or rejection of purported entries, determination of the winner, and awarding of the prize. All participants, as a condition of entry, agree to be bound by these Official Rules and the decisions of Sponsor. Failure to comply with these Official Rules may result in disqualification from this Sweepstakes. Participants further agree to not damage or cause interruption of the Sweepstakes and/or prevent others from participating in the Sweepstakes. Sponsor reserves the right, in its sole discretion, to void entries of any entrants who Sponsor believes have attempted to tamper with or impair the administration, security, fairness, or proper play of this Sweepstakes. Sponsor’s failure to or decision not to enforce any provision in these Official Rules will not constitute a waiver of that or any other provision.

In the event there is an alleged or actual ambiguity, discrepancy, or inconsistency between disclosures or other statements contained in any Sweepstakes-related materials and/or these Official Rules (including any alleged discrepancy or inconsistency within these Official Rules), it will be resolved by Sponsor in its sole discretion. Entrants waive any right to claim ambiguity in the Sweepstakes structure or these Official Rules.

If Sponsor determines, at any time and in its sole discretion, that a winner or potential winner is disqualified, ineligible, in violation of these Official Rules, or engaging in behavior that Sponsor deems obnoxious, inappropriate, threatening, illegal or that is intended to annoy, abuse, or harass any other person, Sponsor reserves the right to disqualify that winner or potential winner, even if the disqualified winner or potential winner may have been notified or displayed or announced anywhere.

The invalidity or unenforceability of any provision of these Official Rules will 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, these Official Rules will otherwise remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.

The Released Parties are not responsible for the inability of an entrant to timely enter, receive notices or communicate with Sponsor, in which case Sponsor, in its sole discretion, may terminate or modify the Sweepstakes. If the Sweepstakes is not capable of running as planned for any reason, Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend the Sweepstakes and award the prizes from eligible, non-suspect entries received prior to cancellation, modification, or suspension or as otherwise deemed fair and appropriate by Sponsor. If any person supplies false information, obtains entries by fraudulent means, or is otherwise determined to be in violation of these Official Rules in an attempt to obtain any prize, Sponsor may disqualify that person and seek damages from him or her and that person may be prosecuted to the full extent of the law. If a dispute cannot be resolved to Sponsor’s satisfaction, in its sole discretion, the entry will be deemed ineligible. CAUTION: Any attempt to damage any online service or to undermine the legitimate operation of the Sweepstakes may violate criminal and civil laws. If such an attempt is made, Sponsor may disqualify any participant making such attempt and may seek damages to the fullest extent permitted by law.

11. GOVERNING LAW, DISPUTES, ARBITRATION: You agree that these Official Rules and your participation in the Sweepstakes are governed by the laws of the State of Texas. Both you and Sponsor waive the right to a trial by jury and the right to bring or resolve any dispute as a class, consolidated, representative, collective, or private attorney general action. Notwithstanding any provision in the JAMS (defined below) rules to the contrary, the arbitrator shall not have the authority or any jurisdiction to hear the arbitration as a class, consolidated, representative, collective, or private attorney general action or to consolidate, join, or otherwise combine the claims of different persons into one proceeding.

The parties each agree to finally settle all disputes only through arbitration; provided, however, the Sponsor shall be entitled to seek injunctive or equitable relief in the state and federal courts located in or having jurisdiction over Van Zandt County, Texas 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 promotion will be resolved solely by binding arbitration 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 another mutually agreeable arbitration administration service who will hear the case. If an in-person hearing is required, then it will take place Dallas/Ft. Worth, TX. 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 or class arbitrations; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate does not apply and the dispute must be brought in a court of competent jurisdiction in Van Zandt County, Texas. Sponsor agrees to pay the administrative and arbitrator’s fees in order to conduct the arbitration (but specifically excluding any travel or other costs of entrant to attend the arbitration hearing). Either party may, notwithstanding this provision, bring qualifying claims in small claims court. In no event will you seek or be entitled to rescission, injunctive or other equitable relief or to enjoin or restrain the operation or exploitation of the Sweepstakes.

12. PRIVACY: Information submitted with an entry is subject to our Privacy Policy, located at Texwin.com/privacy.
13. WINNER’S LIST/OFFICIAL RULES: A copy of these Official Rules is available online during the Sweepstakes Period by visiting Texwin.com. For information about who won, send an email to [email protected] with the subject line “Texwin Gold Rush Giveaway Sweepstakes Winner.” Requests for winner information must be received no later than three (3) months after the end of the Sweepstakes Period.