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HighTower Products Sweepstakes Official Rules

HighTower Products Sweepstakes

 

HighTower Products Sweepstakes Official Rules

 

NO PURCHASE NECESSARY TO ENTER OR WIN.  

A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. 

VOID WHERE PROHIBITED OR RESTRICTED BY LAW.  

Sweepstakes begins at 12:00 a.m. Eastern Daylight Time on February 21, 2019, and ends at 11:59 p.m. Eastern Daylight Time on December 1, 2019 (the “Promotion Period” or “Sweepstakes Entry Period”).  The Sweepstakes is subject to the terms and conditions in the official rules provided herein (the “Official Rules”).

 

1.    ELIGIBILITY: Open only to legal U.S. residents, who are 18 years of age or older as of date of entry.  Employees of HighTower Products (the “Sponsor”), its affiliates, divisions, subsidiaries, and all coordinating agencies or entities for the HighTower Products Sweepstakes (the “Sweepstakes”) and the immediate families of each, or persons living in the same household of such employees are not eligible.  Sweepstakes are governed by U.S. laws and are subject to all applicable federal, state, and local laws.  Void outside the U.S.  Void where prohibited, contested, taxed, or restricted.  By participating in the Sweepstakes, each participant agrees to be bound by these Official Rules.  By participating in the Sweepstakes, each participant agrees to be bound by the decisions of the Sponsor, which shall be final and binding in all respects.  In addition, as more fully described below, all participants agree to release and hold harmless Sponsor, Facebook Inc., Instagram, Inc., Twitter, Inc., and their respective affiliates, divisions, subsidiaries, participating companies, agents and all coordinating agencies and their respective employees, officers, directors, shareholders, members, and agents from any and all liability, claims, or damages arising out of their participation in this Sweepstakes and the acceptance and use of any prize.

 

2.    HOW TO ENTER: Participants may enter the Sweepstakes through any one of the following four methods:

 

A.   ENTER BY FACEBOOK:  During the Promotion Period, participants may enter online as follows: 

(1) Take a photo showing off the HighTower HD200 product. 

(2) Login in to your Facebook account, www.Facebook.com.  If you do not have a Facebook account, you may either create an account at no charge by accessing www.Facebook.comand following the instructions to create an account, or you may use the alternative free means of entry through the mail described in Subsection D below; 

(3) Upload your photo to Facebook.

(4) Tag HighTower Products in the description or comments.

(5) Use hashtag “#HighTowerGiveaway” in the description or comments.

Completion of Steps (1) through (5) is deemed an “Entry.”  Any Entry received after the Promotion Period will be ineligible to participate in the Sweepstakes. Sponsor is not responsible for technical, hardware, or software failures of any kind, or failed, garbled, or delayed submissions which may limit a participant’s ability to participate in the Sweepstakes.  Use of any automated entry software is prohibited.  Sponsor is not responsible for any incomplete, ineligible, illegible, lost, late, stolen, damaged or destroyed Entry.  In the event of a dispute regarding the identity of any potential winner, the potential winner will be deemed to be the authorized account holder of the e-mail address submitted at the time of Sweepstakes Entry. The authorized account holder is defined as the natural person who is assigned an e-mail address by an internet access provider, online service provider or other organization that is responsible for assigning e-mail addresses or the domain associated with the submitted e-mail address.  Proof of submission is not proof of receipt by the Sponsor.  Potential winner may be requested to provide Sponsor with proof that they are the authorized account holder of the e-mail address associated with the potentially winning entry.  If a dispute cannot be resolved to Sponsor’s satisfaction, the Entry will be deemed ineligible.  Any false or deceptive Entry or acts, as determined by Sponsor, will render the participant ineligible.  One (1) Entry per person may be submitted.  Each incomplete, indecipherable, or inaccurate Entry is void.

 

B.   ENTER BY INSTAGRAM: During the Promotion Period, participants may enter online as follows: 

(1) Take a photo showing off the HighTower HD200 product. 

(2) Login in to your Instagram account, www.Instagram.com.  If you do not have a Instagram account, you may either create an account at no charge by accessing www.Instagram.comand following the instructions to create an account, or you may use the alternative free means of entry through the mail described in Subsection D below; 

(3) Upload your photo to Instagram.

(4) Tag HighTower Products in the photo, description, or comments.

(5) Use hashtag “#HighTowerGiveaway” in the description or comments.

Completion of Steps (1) through (5) is deemed an “Entry.”  Any Entry received after the Promotion Period will be ineligible to participate in the Sweepstakes. Sponsor is not responsible for technical, hardware, or software failures of any kind, or failed, garbled, or delayed submissions which may limit a participant’s ability to participate in the Sweepstakes.  Use of any automated entry software is prohibited.  Sponsor is not responsible for any incomplete, ineligible, illegible, lost, late, stolen, damaged or destroyed Entry.  In the event of a dispute regarding the identity of any potential winner, the potential winner will be deemed to be the authorized account holder of the e-mail address submitted at the time of Sweepstakes Entry. The authorized account holder is defined as the natural person who is assigned an e-mail address by an internet access provider, online service provider or other organization that is responsible for assigning e-mail addresses or the domain associated with the submitted e-mail address.  Proof of submission is not proof of receipt by the Sponsor.  Potential winner may be requested to provide Sponsor with proof that they are the authorized account holder of the e-mail address associated with the potentially winning entry.  If a dispute cannot be resolved to Sponsor’s satisfaction, the Entry will be deemed ineligible.  Any false or deceptive Entry or acts, as determined by Sponsor, will render the participant ineligible.  One (1) Entry per person may be submitted.  Each incomplete, indecipherable, or inaccurate Entry is void.

 

C.  FREE ALTERNATIVE MEANS OF ENTRYBY MAIL: During the Promotion Period, participants may enter by mail by completing the follows steps:  

(1) Legibly write or type on a piece of paper the following information: name, mailing address, daytime phone number, and e-mail address, if any; and

(2) Mail the piece of paper with the participant’s name, mailing address, daytime phone number, and e-mail address, if any, to the following address:  HighTower Products, ATTN Sweepstakes, PO Box 91, Walnut Creek, OH 44687. 

Completion of Steps (1) through (2) is deemed an “Entry.”  Any Entry received after the Promotion Period will be ineligible to participate in the Sweepstakes.  Proof of submission is not proof of receipt by the Sponsor.  In the event of a dispute regarding the identity of any potential winner, the potential winner will be deemed to be the same person whose name is submitted on the piece of paper at the time of Sweepstakes Entry.  Sponsor is not responsible for any incomplete, ineligible, illegible, lost, late, stolen, damaged or destroyed Entry.  Each Entry, attempted Entry, Entry-related materials, and attempted Entry-related materials become the property of the Sponsor and will not be acknowledged or returned.  Any false or deceptive Entry or acts, as determined by Sponsor, will render the participant ineligible.  One (1) Entry per person may be submitted.  Proof of submission is not proof of receipt by the Sponsor.   Each incomplete, indecipherable, or inaccurate Entry is void. 

 

3.     PRIZE AND SELECTION OF WINNER: Subject to the terms, conditions, and procedures in these Official Rules, Sponsor will select one participant with an eligible Entry to win a prize (the “Prize Winner”).  Judges are sponsor owners and/or employees.  Sponsor shall determine winner eligibility in its sole and absolute discretion. All decisions made by the judges are final.  The prize is non-transferable.  Sponsor reserves the right to substitute a prize of equal or greater value in the event that the prize described, or any portion thereof, is unavailable for any reason whatsoever.  Prize Winner is solely responsible for all expenses, costs, or fees associated with acceptance and/or use of the prize not specified herein as being awarded, including, without limitation, any and all taxes or other personal expenses. No alteration, substitution, or transfer of the prize or cash redemption is permitted by Prize Winner. Any attempts by the Prize Winner to barter or sell the prize or any portion of the prize or to make any changes, cancellations or deviations from the prize will result in the immediate disqualification of the Prize Winner and forfeiture of the prize.  Odds of winning depend on the number of participants with an eligible Entry received during the Sweepstakes Entry Period.  The prize, its values, and certain applicable restrictions are as follows:

 

A.    Grand Prize:One (1) participant with an eligible Entry will be selected in a random drawing on or about December 7, 2019, at 9:00 a.m. from among all participants with an eligible Entry received during the Sweepstakes Entry Period to win the grand prize (the “Grand Prize Winner”).  The Grand Prize Winner will receive $2,500.

 

B.    Certain Restrictions and Disclaimers: Prize Winner will be notified by mail, e-mail, or telephone no later than the next business day of date that the winner was chosen.  Prize Winner will have 72 hours to respond to claim the prize.  If Prize Winner does not respond within the 72 hours, Sponsor will then select an alternate Prize Winner on or about December 13, 2019, at 9:00 a.m. from among all participants with an eligible Entry received during the Sweepstakes Entry Period.  Each Prize Winner will be required to sign: (1) an Affidavit of Eligibility – confirming that the Prize Winner qualifies and meets each of the eligibility requirements of this Sweepstakes; (2) a Release of Liability; (3) a Consent to Use; (4) a Prize Acceptance Form (except where prohibited by law); and (5) such other documents reasonably required by Sponsor in connection with Sponsor’s use of the Prize Winner’s Entry and/or the Prize Winner’s name, likeness, and biographical information without compensation as further described in the Privacy & Publicity Releasesection below.  All such documents must be signed and returned within five (5) days of prize notification.  Noncompliance with this time period may result in disqualification, and the Sponsor may, in its sole discretion, select an alternate winner.  Return of the prize or prize notification as undeliverable, inability of Sponsor to contact winner based on contact information provided at time of Entry, or failure of potential winner to respond to notification attempts will result in disqualification and an alternate winner may be selected at the Sponsor’s sole discretion. . In the event a Prize Winner declines a prize, Sponsor may elect, at its own discretion, to select an alternate winner. All federal, state and local taxes are the sole responsibility of the Prize Winner. In the event of sabotage, acts of God, computer virus or other events or causes beyond the Sponsor’s reasonable control which corrupt the integrity, administration, security or proper operation of the Sweepstakes, Sponsor reserves the right to cancel or suspend the Sweepstakes. Sponsor shall not be responsible for any cancellations, delays, diversions or substitutions or any act or omissions whatsoever by any other persons providing any of these services including changes in services.  Other restrictions may apply.

 

4.     LIMITATION OF LIABILITY: By entering this Sweepstakes, each participant agrees to release and discharge, indemnify, defend and hold harmless Facebook Inc., Instagram, Inc., and Sponsor, including each of their respective employees, agents, affiliates, partners, subsidiaries, advertising agencies, officers, directors, and representatives (the “Released Parties”) from any and all claims, losses, and damages, including, without limitation, any injury, damage, death, loss, or accident to person or property, arising out of participant’s participation in this Sweepstakes or any Sweepstakes-related activities and the awarding, acceptance, use, misuse, or possession of any prize awarded herein.  EXCEPT AS EXPRESSLY PROVIDED BY AN APPLICABLE MANUFACTURER, THE WINNER OF ANY PRIZE AGREES THAT THE PRIZE IS PROVIDED AS-IS WITHOUT ANY WARRANTY, REPRESENTATION, OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, WHETHER NOW KNOWN OR HEREINAFTER ENACTED, RELATIVE TO THE USE OR ENJOYMENT OF THE PRIZE, INCLUDING, WITHOUT LIMITATION, ITS QUALITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.  Released Parties assume no responsibility for any error, omission, interruption, theft or destruction of any Entry or any participant’s noncompliance with the Official Rules. IN NO EVENT WILL RELEASED PARTIES BE LIABLE UNDER THIS AGREEMENT (WHETHER IN AN ACTION IN NEGLIGENCE, CONTRACT, OR TORT OR BASED ON A WARRANTY OR OTHERWISE) FOR LOSS OF PROFITS, REVENUE, OR LOSS OR INACCURACY OF DATA, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES INCURRED BY THE PARTICIPANT OR ANY THIRD PARTY, EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  SPONSOR’S LIABILITY FOR DAMAGES UNDER THIS AGREEMENT, WHETHER IN AN ACTION IN NEGLIGENCE, CONTRACT OR TORT OR BASED ON A WARRANTY, WILL IN NO EVENT EXCEED THE VALUE OF THE PRIZE.

 

      Released Parties are not responsible or liable for any of the following, whether caused by any of the Released Parties, the participant, or by human error: any lost, late, incomplete, illegible, damaged, or misdirected Entry by e-mail, mail, or any other Sweepstakes-related correspondence; any error, omission, interruption, defect, or delay in communication or transmission; viruses or technical or mechanical malfunctions or tampering or hacking; lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines or technical failures or difficulties, or other errors of any kind whether human, mechanical, electronic, network, typographical, printing or otherwise relating to or in connection with the Sweepstakes, including, without limitation, errors which may occur in connection with the administration of the Sweepstakes, the processing of an Entry, the announcement of the prize or in any Sweepstakes-related materials; or the incorrect or inaccurate capture of entry or other such information or the failure to capture any such information; or errors, typos, or misprints in the Official Rules, in any Sweepstakes-related advertisements or other Sweepstakes-related materials.  Released Parties are not responsible for electronic communications which are undeliverable as a result of any reason outside the Released Parties immediate control or as a result of any form of active or passive filtering of any kind or insufficient space in participant’s e-mail account to receive e-mail messages.  Released Parties are not responsible for any failure to communicate because participant’s e-mail address does not work or if it is changed without prior written notice to Sponsor; failure to maintain working e‑mail may result in disqualification from Sweepstakes at Sponsor’s sole discretion.   

      Persons who tamper with or abuse any aspect of the Sweepstakes or website, as solely determined by the Sponsor, will be disqualified.  Claims and causes of action arising out of or connected with this Sweepstakes, or any prize awarded, must be resolved individually, without resort to any form of class action, and exclusively by arbitration.  CLAIMS, JUDGMENTS AND AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED, INCLUDING COSTS ASSOCIATED WITH ENTERING THIS SWEEPSTAKES, AND IN NO EVENT WILL ATTORNEY’S FEES OR ANY OTHER DAMAGES OF ANY KIND BE INCLUDED. These Official Rules supersede any and all agreements or communications of any kind between a participant and the Sponsor or anyone associated with the Sweepstakes, and cannot be modified or waived except in writing and unless properly signed.

  1. PRIVACY & PUBLICITY RELEASE:  By participating in the Sweepstakes, any Participant, except where legally prohibited, irrevocably grants permission to Sponsor and its designees to use the Participant’s photograph entry and/or post for advertising, trade, and promotional purposes, in all media now known or hereafter discovered, including but not limited to magazines and the Internet and world wide web, in perpetuity, without further compensation, permission, notice, review, or approval; further, the Participant waives any and all claims to royalty, right, or remuneration for such use.  The Prize Winner, by acceptance of the prize, except where legally prohibited, irrevocably grants permission to Sponsor and its designees to use the Prize Winner’s photograph entry, name, address (city and state), hometown, photograph, image, voice, biographical information, prize information, and/or other likeness for advertising, trade, and promotional purposes, in all media now known or hereafter discovered, including but not limited to magazines and the Internet and world wide web, in perpetuity, without further compensation, permission, notice, review, or approval; further, the Prize Winner waives any and all claims to royalty, right, or remuneration for such use.  As also described in Section 3(B) above, the Prize Winner will be required to sign (1) a Consent to Use and (2) any other documents reasonably required by Sponsor in connection with the publicity release and permission granted by Prize Winner to Sponsor as described in this Section 5.  

 

6.     WINNER LIST & PRINTED OFFICIAL RULES: To receive the name of the Prize Winner or a printed copy of these Official Rules, send a stamped, self-addressed envelope to “HighTower Products Sweepstakes Winner,” HighTower Products, ATTN Sweepstakes, PO Box 91, Walnut Creek, OH 44687, which must be received by Sponsor by December 30, 2019.

 

7.    SPONSOR: The sponsor of this Sweepstakes is HighTower Products, PO Box 91, Walnut Creek, OH 44687.  This Sweepstakes is not associated with or sponsored, endorsed or administered by, Facebook or Instagram.  Any and all questions or comments with regard to this Sweepstakes must be sent to the Sponsor, not Facebook or Instagram.

   

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