Heluva Good!® Pool Float Sweepstakes
NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. THIS SWEEPSTAKES IS OPEN TO LEGAL U.S. RESIDENTS WHO MEET THE ELIGIBILITY CRITERIA SET FORTH IN THESE OFFICIAL RULES.
1. Giveaway Description: The Heluva Good! Pool Float Sweepstakes (the “Giveaway”) is sponsored by HP Hood LLC (“Sponsor”). Sponsor will award a total of one hundred (100) Prizes as detailed in the Prizes section below.
2. Giveaway Term: The Giveaway begins on July 8, 2019 at 9:00 am Eastern Time (“ET”) and ends on July 29, 2019 at 8:59 am ET (the “Giveaway Term”). All entries must be received by Sponsor during the Giveaway Term.
3. Eligibility: No purchase or payment is necessary to enter or win this Giveaway. A purchase will not increase your chances of winning a prize. The Giveaway is open to legal U.S. residents who are 18 years of age, or the age of legal majority in the state of primary residence, or older at the time of Giveaway entry, excluding residents of the following states: CA, OR, WA, ID, NV, UT, AZ, AK, HI and NM. Each entrant must have a unique, valid email address. Each entrant may use only one (1) email address to enter. Entrants who create and/or use multiple email addresses to enter will be ineligible. Entrants may not be employees, members, managers, officers, directors, or independent contractors of Sponsor or its parent company, subsidiaries, affiliated companies, partners, advertising or promotion agencies, nor may they be members of the immediate families of any of the foregoing, or persons living in their households. Entries are limited to individuals only: commercial enterprises and business entities are not eligible. THE GIVEAWAY IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW and is subject to applicable federal, state and local laws and regulations.
Sponsor: HP Hood LLC, Six Kimball Lane, Lynnfield, MA 01940 is the Sponsor of this Giveaway. This Giveaway is in no way sponsored, endorsed or administered by, or associated with Facebook, Inc., any prize manufacturer, or any retailer or merchant.
How to Enter the Giveaway: During the Giveaway Term, visit www.heluvagood.com/giveaway
. Sponsor’s computer is the official time keeping device for the Giveaway.
Sponsor uses third parties to help administer this Giveaway. Such third parties will have access to entrant’s personal information to help administer the Giveaway. By entering the Giveaway, you accept all of these Giveaway Official Rules.
5. Prize Selection: There will be one (1) drawing at the conclusion of the Giveaway Term (the “Drawing”). To be eligible for the Prize Drawing, an eligible entry must be received by Sponsor during the Giveaway Term.
Sponsor will select one hundred (100) potential winners (each, a potential “Winner”) in a random drawing of all eligible entries received by Sponsor during the Giveaway Term. Sponsor will select multiple entries at the time of the Drawing in the event that Sponsor needs to award a prize to an alternate winner. The potential Winners shall be the first selected entrants in the Drawing. If necessary, potential alternate winner(s) will be named based on the order in which the remaining entries were selected in the Drawing (each, a potential “Alternate Winner”). Potential Winners will be notified using the contact information provided with the official entry form. Potential Winners must accept the Prize within two (2) business days after notification. If a potential Winner does not respond or accept the Prize within two (2) business days from the time when an email notification is sent, or if the potential Winner is not eligible, the Prize will be forfeited by such potential Winner and a potential Alternate Winner will be selected and notified in the same manner as the potential Winner.
Odds of winning a Prize depend on the number of eligible entries received by Sponsor during Giveaway Term.
6. Giveaway Prizes: Sponsor will award each Winner one (1) prize (each, a “Prize”). Each Prize shall consist of one (1) Heluva Good! pool float. The approximate retail value (“ARV”) of each Prize is $49.99.
The total approximate retail value of all Prizes is $4999.00.
Each Prize includes the shipment and delivery of the Prize to the Winner. Prizes consist of only that item specified in these Giveaway Official Rules. Prizes do not include any other items, expenses or any applicable federal, state or local taxes. Each Winner is solely responsible for all other costs and expenses associated with receipt of the Prize, including but not limited to federal, state and local taxes and any other expenses. Prize values may fluctuate based on demand and availability. Any differences between the stated ARV and the actual value will not be awarded. In the event a Winner elects not to use all designated Prize components, the Winner will not be afforded any additional compensation or exchange therefore.
Sponsor will ship or have delivered each Prize to each Winner within 3-4 weeks after confirming Winner eligibility, and receiving the Affidavit and Release executed by each Winner as detailed below.
7. Giveaway Prize Restrictions: Prize component to be selected by Sponsor in its sole discretion. Each Prize is subject to availability and is subject to restrictions. There is no substitution or cash equivalent of any Prize except at Sponsor’s sole discretion due to unavailability of the Prize for any reason. Sponsor is responsible only for Prize delivery. Sponsor is not responsible for Prize utility, quality or other attributes. No Prize is transferable or assignable to another party.
8. Taxes: Each Winner is solely responsible for all applicable taxes associated with receipt of the Prize.
9. Giveaway Winner Restrictions: If a potential Winner is unable to be contacted using the information provided, or the potential Winner does not respond within two (2) business days after notification, for any reason, the Prize will be forfeited by that potential Winner. If for any reason a potential Winner is ineligible, does not provide a mailing address in one of the eligible states, or does not accept the Prize, the Prize will be forfeited by that potential Winner. Additionally, if a potential Winner is unable to comply with these Giveaway Official Rules, the Prize will be forfeited by that potential Winner. In the event a potential Winner rejects any portion of a Prize, Sponsor reserves the right, in Sponsor’s sole discretion, to declare the Prize forfeited by that potential Winner, and award the Prize to a potential Alternate Winner. If a Prize is forfeited for any reason, no cash or other compensation will be paid to the potential Winner who forfeited the Prize, and Sponsor will select a potential Alternate Winner for the Prize. A potential Alternate Winner will be notified in the same manner described above and is subject to the same restrictions as the potential Winner. Sponsor is not responsible for potential Winner limitations that prevent acceptance or use of any prize.
Each potential Winner will be required to sign and return an Affidavit of Eligibility, Release of Liability, and Publicity Release (“Affidavit and Release”) within two (2) business days of receipt of such Affidavit and Release, and must possess age-defining documentation (i.e., photo identification) prior to the Prize release. Failure to execute and return the required documents within two (2) business days of receipt may subject the potential Winner to disqualification and, in such case, a potential Alternate Winner will be selected. Sponsor is not responsible for and shall not be liable for late, lost, misdirected or unsuccessful efforts to notify a potential Winner.
Each Winner agrees to use of his or her name, likeness, photograph, biographical information, personal information and/or Prize information by Sponsor for advertising and promotional purposes in any medium, whether now known or hereafter developed, throughout the world and in perpetuity, without additional compensation to the extent permitted by law. Nothing shall obligate Sponsor to so use or engage in any of the above advertising or promotion.
10. General: By entering this Giveaway, each entrant warrants that (a) the entrant has read, understood and followed the Heluva Good! Pool Float Sweepstakes Official Rules; (b) the entrant agrees to be bound by the decisions of Sponsor; and (c) the entrant is eligible under these Giveaway Official Rules. Each potential Winner and his/her entry may be subject to verification and investigation before being awarded any Prize. In the event there are not enough eligible entries during the Giveaway Term, or if or if not all Prizes are accepted, Sponsor is not responsible to award more Prizes than eligible entries received during the Giveaway Term or Prizes accepted. This Giveaway shall be governed by Massachusetts law. By participating in this Giveaway, each entrant agrees that any and all disputes, claims and causes of action arising out of or connected with this Giveaway shall be resolved individually, without resort to any form of class action, and Massachusetts courts shall have exclusive jurisdiction over any dispute or litigation arising from or relating to this Giveaway, and that venue shall be only in Boston, Massachusetts.
In case of a dispute over the identity of an entrant who submitted a winning entry, the authorized account holder of the email account associated with that entry will be deemed the entrant. The “authorized account holder” is deemed the natural person who is assigned an email address by an internet access provider, service provider or other online organization that is responsible for assigning email addresses for the domain associated with the submitted email address. Said owner must comply with these Official Rules, be the person who completed the act of entering, and, in Sponsor’s sole discretion, may be required to provide proof of ownership of the email account.
11. Limitation of Liability: Sponsor is not responsible for any incorrect or inaccurate information associated with or utilized in the Giveaway, including but not limited to any printing or typographical errors in any Giveaway materials, or for any technical or human error, which may occur in the processing of entries in the Giveaway or actions taken via the Website. Sponsor has no liability or responsibility for entrant’s participation in or attempt to participate in the Giveaway or ability or inability to upload or download any information in connection with the Giveaway. Sponsor is not responsible for any personal injury or property damage or losses of any kind which may be sustained to entrant’s or any other person’s computer equipment, smart phone or mobile device resulting from participation or attempted participation in the Giveaway. Sponsor assumes no responsibility for any incomplete, misdirected, late, or lost entries, or any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, garbled or corrupted data transmitted, unavailability or inaccessibility of the Website, theft or destruction or unauthorized access to, or alteration of, entries or entry data, telephone, cable, satellite, network, electronic or Internet connectivity or other online or telephone network communication problems, errors or limitations of any Internet or telephone service providers, servers, hosts or other providers, failure of any online transmissions to be sent or received, traffic congestion on the Internet, or the Website, or failure of the Website to operate in accordance with these Official Rules. If, for any reason, the Giveaway is not capable of running as planned, including tampering, unauthorized intervention, fraud, or any other causes beyond the control of Sponsor which affects the administration, security, fairness, integrity or proper conduct of the Giveaway, then Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Giveaway. In the event that proper administration of the Giveaway is prevented by such causes as contemplated above, Sponsor randomly will pick the potential winners from all eligible, non-suspect entries which comply with these Official Rules which are received by Sponsor prior to such action.
Entrants agree that Sponsor, its parent, subsidiaries, and affiliated companies, and its prize suppliers, participating retailers, advertising and promotion agencies, Facebook, Inc., and any other prize manufacturers, retailers or merchants, and each of their respective parent, subsidiary and affiliated companies, and each of the foregoing entity’s respective officers, managers, members, directors, employees, representatives and agents, and any other person or entity related in any way to this Giveaway (collectively, the “Giveaway Entities”) will have no liability whatsoever for, and shall be held harmless by entrants against, any and all liability, including but not limited to any death, injury, loss or damage of any kind, resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of the Prize, participation or attempted participation in this Giveaway, while traveling to, preparing for or participating in any prize-related activity. Each entrant agrees that Sponsor has neither made nor is responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to the Prize, including but not limited to its quality, condition or fitness for a particular purpose. The Giveaway Entities expressly disclaim any responsibility or liability for injury or loss to any person or property in connection with the entry into this Giveaway, participation with the Website, and/or the delivery and/or subsequent use of the Prize, or any portion thereof, awarded.
Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of any of the Giveaway; to be acting in violation of the Official Rules; or to be acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. CAUTION: ANY DELIBERATE ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO UNDERMINE THE LEGITIMATE OPERATION OF ANY OF THE GIVEAWAY IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED, INCLUDING COSTS ASSOCIATED WITH ENTERING THIS GIVEAWAY, BUT IN NO EVENT SHALL THERE BE A CLAIM OR AWARD OF ATTORNEYS’ FEES OR COSTS. UNDER NO CIRCUMSTANCES WILL ENTRANTS BE PERMITTED TO OBTAIN, AND ENTRANT HEREBY WAIVES ALL RIGHTS TO CLAIM, PUNITIVE, INCIDENTAL AND CONSEQUENTIAL DAMAGES AND ANY OTHER DAMAGES, OTHER THAN FOR ACTUAL OUT-OF-POCKET EXPENSES, AND ANY AND ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT BE APPLICABLE TO EACH ENTRANT AND/OR WINNER.
12. Winners List: For a list of Giveaway Winners, send a written request together with a self-addressed, stamped envelope to Heluva Good! Pool Float Sweepstakes, c/o HP Hood LLC, Six Kimball Lane, Lynnfield, MA 01940. Requests must be received within ninety (90) days after the end of the Giveaway Term. Vermont residents may omit return postage.
13. Administration: Sponsor reserves the right to administer this Giveaway in its sole discretion in compliance with all applicable laws.
Copyright© 2019 HP Hood LLC. All rights reserved. Heluva Good! and the associated logo(s) are registered trademarks of HP Hood LLC. Facebook is a registered trademark of Facebook, Inc. Any other trademarks used in this Giveaway or in these Official Rules are used for prize identification purposes ONLY and are the properties of their respective owners.