MOTHER’S DAY HEAD TO TOE HUG CONTEST OFFICIAL RULES
NO PURCHASE NECESSARY. VOID WHERE PROHIBITED.
A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. Contest Period. The Homedics Mother’s Day Head to Toe Hug Contest (the “Contest”) begins at 8:00 a.m. Eastern Standard Time (“EST”) on April 17, 2017 and ends at 11:59 p.m. EST on May 9, 2017 (“Contest Period”). There will be a total of twenty-one (21) winners selected (twenty (20) winners and one (1) Grand Prize Winner) selected and announced at or about 10:00 a.m. EST on May 10, 2017. Entry in this Contest does not constitute entry into any other promotion, sweepstakes or contest.
2. How to Enter the Contest. During the Contest Period, you can enter the Contest by visiting the Sponsor’s Home Page https://www.homedics.com (“Sponsor’s Home Page”), clicking on the link https://www.homedics.com/mothersdayheadtotoecontest and following the prompts, which includes completing the online registration form. Completion of the online registration form includes providing a valid email address. Completing the form will provide one (1) entry in the Contest (the “Entry”). The individual submitting the Entry is sometimes referred to in the Official Rules as an “Entrant”. BY PARTICIPATING IN ANY ASPECT OF THIS CONTEST, EACH ENTRANT AGREES TO ABIDE BY THESE RULES AND THE RULES, POLICIES AND PROCEDURES OF THE SERVICE(S) SUCH ENTRANT USES TO ENTER THE CONTEST. ALL DECISIONS OF THE CONTEST SPONSOR AND ADMINISTRATOR ARE FINAL AND BINDING IN ALL RESPECTS. If an Entrant chooses to enter using a cellular phone or mobile device, message and data rates may apply in accordance with your service plan. Sponsor is not responsible for any fees or charges incurred by Entrant. Sponsor’s computer will be the official timekeeper for all matters related to this Contest.
3. Limit. Each Entrant may submit one (1) Entry during the Contest Period. Individuals submitting more than one (1) Entry will automatically be disqualified. Sponsor reserves the right, in its sole and absolute discretion, to disqualify any Entry that, or Entrant who, does not comply with these Official Rules. Entrants are not eligible to win more than once during the Contest Period. Sponsor reserves the right, in its sole and absolute discretion, to disqualify any Entry that, or Entrant who, does not comply with these Official Rules. Use of any automated system to participate is prohibited and will result in disqualification. In the event of a dispute as to any account, the authorized account holder of the email address used to register on the platform will be deemed to be the Entrant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Each potential winner may be required to show proof of being the authorized account holder.
All Entries become the sole and exclusive property of the Sponsor and receipt of Entries will not be acknowledged or returned. Sponsor is not responsible for lost, late, illegible, stolen, incomplete, invalid, unintelligible, postage-due, misdirected, technically corrupted or garbled Entries, which will be disqualified, or for problems of any kind whether mechanical, human or electronic. Proof of submission will not be deemed to be proof of receipt by Sponsor.
4. Eligibility. The Contest is open to individuals who are legal residents of the fifty (50) United States and the District of Columbia, but excluding Rhode Island, who are eighteen (18) years of age or older as of the date of Entry submission and eligible in accordance with these Official Rules. Void in all other jurisdictions. Employees, contractors, directors and officers, and vendors of FKA Distributing Co., LLC (“Sponsor”), its subsidiary and affiliated entities, advertising, and fulfillment agencies involved in the administration, development, fulfillment and execution of this Contest (collectively, “Contest Parties”), and the immediate family members of each (spouse, domestic partner, parent, child, sibling, grandparent, and spouse, domestic partner or “step” of each) and those living in the same households of each are not eligible to participate. The Contest is subject to all federal, state, municipal and local laws and regulations. Void where prohibited or where restricted by law in a manner inconsistent with these Official Rules.
5. Requirements. In order to have his or her Entry entered into the Contest and eligible for winning, prospective Entrants must comply with Entry requirements when submitting each Entry. By entering this Contest, each Entrant represents and warrants that he or she meets these eligibility requirements and has read, accepts and will comply with these Official Rules and each Entrant acknowledges that any violation thereof may disqualify entrant from the Contest. By participating in the Contest, each Entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Sponsor, including the interpretation of these Official Rules and its exercise of discretion, which will be final and binding in all respects.
6. Winner Selection and Notification. Twenty (20) winners and one (1) Grand Prize Winner will be selected in a random drawing conducted by the Sponsor on or about May 10, 2017 from among all eligible Entries received during the Contest Period. The Grand Prize Winner will be drawn first from all eligible Entries received during the Contest Period and then the twenty (20) winners will be drawn. Odds of winning depend on the number of eligible Entries received during the Contest Period. Sponsor or its designee will attempt to notify selected Entrants via the email address provided in the Entry. Subject to verification by the Contest Sponsor, the selected Entrant will be deemed the prize winner. Non-compliance or the return of any prize or prize notification as undeliverable may result in disqualification and selection of an alternate Entrant. The prize will be shipped to the address provided within three (3) business days after winner selection and verification. The prize cannot be shipped to P.O. Boxes. If any prize is returned as non-deliverable such prize will be forfeited and an alternate winner will be selected, if possible. Prize award is subject to verification of eligibility and compliance with these Official Rules, and winner agrees to be bound by the Official Rules and the decision of the Sponsor, whose decisions are final on all matters relating to this Contest. Limit one (1) prize per person or household.
7. Prizes and Approximate Retail Value (“ARV”). Each of the twenty (20) winners will receive a Comfort Pro Elite Massaging Vibration Wrap with Heat (approximate retail value $59.99). The Grand Prize Winner will receive one (1) Perfect Touch Masseuse App-Controlled Massage Cushion with Heat, one (1) Quad Action Shiatsu Kneading Neck & Shoulder Massager with Heat, one (1) Comfort Pro Elite Massaging Vibration Wrap with Heat, one (1) Shiatsu Air Pro Foot Massager with Heat and one (1) Dual Temp Percussion Pro Hot & Cold Massager (collectively, the “Grand Prize”, with an approximate retail value of $899.95). The approximate retail value of all prizes is $2,399.70. Prizes are not transferable or redeemable for cash or store credit and must be accepted as awarded, with no substitutions of any kind, except by the Sponsor, which reserves the right to substitute the prize with one of comparable or greater value, at its sole discretion. All prizes will be awarded provided a sufficient number of entries are received. All prize details are at the Sponsor’s sole discretion. If Sponsor determines at any time, in its sole discretion, that the winners or potential winners are disqualified, ineligible or in violation of these Official Rules, 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.
Sponsor makes no warranties, and hereby disclaims any and all warranties, express or implied, concerning any prize furnished in connection with the Contest. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUCH PRIZE(S) ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SPONSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.
Each winner will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the prize, regardless of whether it, in whole or in part, is used. The approximate retail value of the prize is based on available information provided to Sponsor and the value of any prize awarded to a winner may be reported for tax purposes as required by law. Each winner may be required to provide Sponsor with a valid Social Security Number or tax identification number before the prize will be awarded for tax reporting purposes. An IRS Form 1099 may be issued in the name of each winner for the actual value of the prize received. Any unclaimed prize will be forfeited. Sponsor will not replace any lost, mutilated or stolen prize or any prize that is undeliverable or does not reach any winner because of an incorrect or changed address.
8. General Rules. By participating, Entrants agree to these Official Rules and the decisions of Sponsor or the Administrator, as applicable, with respect to the Contest and the awarding of prizes, which shall be final and binding in all respects. Sponsor and its agents 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 the user or by any of the equipment or programming associated with or utilized in this Contest, or by any human error which may occur in the processing of the Entries in this Contest, or for any liability for damage to any computer system resulting from participation in, or accessing or downloading information in connection with, this Contest. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. If, for any reason, the Contest is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest process, then Sponsor reserves the right at its sole discretion to cancel the Contest. In the event an insufficient number of eligible Entries are received and/or Sponsor is prevented from selecting a winner or continuing with the Contest as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made epidemic of health of other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis (e.g. SARS), order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), then Sponsor shall have the right to modify, suspend, or terminate the Contest. Only the prizes described in these Official Rules will be awarded. These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with law by a duly authorized representative of Sponsor. The invalidity or unenforceability of any provision of these rules shall 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 shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
9. Disqualification/Termination. Sponsor is not responsible for lost, late, mutilated, misdirected, illegible, incomplete, inaccurate, or stolen Entries or prize notifications. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the Entry process or the operation of the Contest, to be acting in violation of these Official Rules, or to be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Contest, or to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. No mechanically reproduced, illegible, incomplete, forged, software-generated or other automated multiple Entries will be accepted. Sponsor reserves the right to modify, extend, suspend, or terminate the Contest if it determines, in its sole discretion, that the Contest is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other causes beyond Sponsor’s control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of the Contest as contemplated herein. Sponsor reserves the right, at 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 to be acting in an unsportsmanlike, obscene, immoral or disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person.
CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATLY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
10. RELEASE. BY PARTICIPATING IN ANY ASPECT OF THE CONTEST, YOU AGREE TO THE FULL EXTENT PERMITTED BY LAW TO RELEASE AND HOLD HARMLESS SPONSOR, CONTEST PARTIES, THEIR RESPECTIVE PARENT, SUBSIDIARIES, AFFILIATED COMPANIES, AGENTS, RETAILERS, ADVERTISING AND CONTEST AGENCIES, AND ALL OF THEIR RESPECTIVE SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES AND ASSIGNS, MEMBERS, REPRESENTATIVES AND AGENTS (COLLECTIVELY, THE “RELEASED PARTIES”), FROM AND AGAINST ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF PARTICIPATION IN ANY PART OF THE CONTEST (INCLUDING, WITHOUT LIMITATION, PREPARING FOR OR PARTICIPATING IN OR SUBMITTING ANY ENTRY AND/OR FROM ANY CONTEST RELATED ACTIVITY AND FOR ALL CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, INVASION OF PRIVACY, COPYRIGHT INFRINGEMENT, TRADEMARK INFRINGEMENT OR ANY OTHER INTELLECTUAL PROPERTY-RELATED CAUSE OF ACTION) OR RECEIPT OR USE OF ANY PRIZE, INCLUDING PROPERTY DAMAGE, PERSONAL INJURY OR DEATH. EACH PARTICIPANT FURTHER AGREES THAT IN ANY CAUSE OF ACTION, THE RELEASED PARTIES’ LIABILITY WILL BE LIMITED TO THE COST OF PARTICIPATING IN THE CONTEST, AND IN NO EVENT SHALL THE CONTEST PARTIES BE LIABLE FOR ATTORNEYS’ FEES, PUNITIVE, CONSEQUENTIAL, DIRECT OR INDIRECT DAMAGES AND EACH PARTICIPANT WAIVES THE RIGHT TO CLAIM ANY DAMAGES WHATSOEVER. YOU HEREBY WAIVE ALL RIGHTS AND RELEASE EACH OF THE RELEASED PARTIES FROM ANY CLAIM OR CAUSE OF ACTION, WHETHER NOW KNOWN OR UNKNOWN, OF ANY KIND, INCLUDING BUT NOT LIMITED TO DEFAMATION, INVASION OF RIGHT TO PRIVACY, PUBLICITY OR PERSONALITY OR ANY SIMILAR MATTER, RELATING TO THE CONTEST, THE OPERATION THEREOF, OR ANY ENTRY, OR BASED UPON OR RELATING TO THE USE AND EXPLOITATION OF THE ENTRIES AS CONTEMPLATED HEREIN, OR USE IN COMPOSITE FORM, EITHER INTENTIONALLY OR OTHERWISE. YOU HEREBY REPRESENT AND WARRANT THAT YOU HAVE READ THESE OFFICIAL RULES AND ARE FULLY FAMILIAR WITH ITS CONTENTS. WITHOUT LIMITING THE FOREGOING, THIS CONTEST AND ALL PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON- INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
The Released Parties are not responsible for: (a) any incorrect or inaccurate information, whether caused by Entrant, printing, typographical or other errors or by any of the equipment or programming associated with or utilized in this Contest; (b) technical failures of any kind, including, but not limited to, malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (c) unauthorized human intervention in any part of the Entry process or the Contest; (d) printing, typographical, technical, computer, network or human error which may occur in the administration of this Contest, the uploading, the processing or random selection of Entries, the announcement of the prizes or in any Contest-related materials; (e) late, lost, undeliverable, damaged or stolen mail; (f) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in this Contest or receipt or use or misuse of any prize; (g) costs associated with claiming or redeeming the prizes; nor (h) loss or damages resulting from an Entrant’s connection to the internet via any of the websites contained herein. The Released Parties are not responsible for any incorrect, mistranscribed, misdirected or undeliverable Entries, E-mail transmissions, incorrect announcements of any kind, or for any technical problems of any kind, malfunctions of computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof. Sponsor assumes no responsibility for late, lost, incomplete, inaccurate or damaged Entries, or undeliverable E-mails resulting from any form of active or passive E-mail filtering by a user’s Internet service provider and/or E-mail client or for insufficient space in user’s E-mail account to receive E-mail. Sponsor shall not be responsible for any occurrences resulting from the Entrant’s connection to the internet via Sponsor’s Home Page. Sponsor does not accept responsibility for any damage (whether material or non-material) caused to Entrants, to their computer equipment or to data which is stored on them, or to their personal, professional or commercial activities. Proof of submitting Entries will not be deemed to be proof of receipt by Sponsor. The Released Parties are not responsible for any unauthorized third party use of any Entries.
11. Disputes and Governing Law. Entrants/winners agree that: (a) any and all disputes, claims, and causes of action arising out of or connected with this Contest, or the prizes awarded shall be resolved individually, without resort to any form of class action, and solely and exclusively in a federal or state court located in the state of Michigan; Entrants/winners submit to sole and exclusive personal jurisdiction to said courts in the state of Michigan for any such dispute and irrevocably waives any and all rights to object to such jurisdiction; (b) any and all claims, judgments, and awards shall be limited to actual out of pocket costs incurred, including costs associated with entering this Contest but in no event attorneys’ fees; and (c) under no circumstances will Entrants/winners be permitted to obtain awards for and Entrants/winners hereby waive 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 LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of Entrants/winner or the Released Parties in connection with this Contest shall be governed by, and construed in accordance with, the laws of the state of Michigan, without giving effect to any choice of law or conflict of law rules of provisions (whether of the state of Michigan, the United States, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the state of Michigan.
13. Winners List. For the names of the winner, available online prior to December 31, 2017, visit www.homedics.com. To receive a copy by mail, send a self-addressed stamped envelope (except where not required by applicable law) to the Contest Sponsor, FKA Distributing Co., LLC, 3000 Pontiac Trail, Commerce Township, Michigan 48390 (the “Contest Address”). Limit one request per outer mailer which should be marked “Homedics Mother’s Day Head to Toe Hug Contest Winners List Request.” Requests must be received by December 31, 2017.
14. Sponsor and Administrator. Sponsor and Administrator of the Contest is FKA Distributing Co., LLC, 3000 Pontiac Trail, Commerce Township, Michigan 48390. Any comments or complaints regarding the Contest should be directed to the Contest Address.