NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. ODDS OF WINNING ARE DEPENDENT ON THE TOTAL NUMBER OF ENTRIES RECEIVED. SWEEPSTAKES begins at 12:01 AM (ET) on [July 29, 2020] AND ends at 11:59 PM (ET) on [August 2, 2020]. ONLY TEN (10) GRAND PRIZES WILL BE AWARDED AND EACH WINNER WILL RECEIVE: 1 LOBSTER DEK DECAL WORTH APPROXIMATELY $12.95. THE GRAND PRIZES CANNOT BE EXCHANGED FOR CASH. WINNERS WILL BE CONTACTED TWICE, AT LEAST ONE HOUR APART ON THE DAY THE WINNER IS CHOSEN. ALL FEDERAL, STATE, LOCAL, AND MUNICIPAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED OR WHERE LOCAL REQUIREMENTS HAVE NOT BEEN MET.
1. HOW TO ENTER: There is one (1) way to enter the SeaDek Marine Product Sweepstakes (“Sweepstakes”): Submit a photo of lobsters they caught during mini season on Facebook, Instagram or Twitter (“Entry”). All entries must be received by 11:59 PM (ET) on [August 2, 2020] to be eligible for the drawing.
By participating, you, the Sweepstakes entrant, agree to be fully unconditionally bound by these Official Rules, and you represent and warrant that you meet the eligibility requirements. In addition, you agree to accept the decisions of SeaDek Marine Products (“Sponsor”) as final and binding as it relates to the content of this Sweepstakes. All participants who register for the Sweepstakes during the valid time period will be entered in a random drawing to win the SeaDek Marine Products product specified. Entries will be accepted when submitted on Facebook, Instagram or Twitter referenced above and will be accepted until the time specified. The Sweepstakes hosted by SeaDek Marine Products is in no way sponsored, endorsed, administered by, or associated with Facebook or Instagram. Winner will be selected by a random drawing under the supervision of SeaDek Marine Products. Winner will be notified via email and by phone pursuant to the information listed on the Entry of such Winner. SeaDek Marine Products shall have no liability for Winner’s failure to receive notices due to spam, junk e-mail or other security settings or for Winner’s provision of incorrect or otherwise non-functioning contact information.
Claim your prize by contacting SeaDek Marine Products by emailing firstname.lastname@example.org. The prize is nontransferable. Any and all prize-related expenses, including without limitation any and all federal, state, and/or local taxes, shall be the sole responsibility of Winner. No substitution of prize or transfer/assignment of prize to others or request for the cash equivalent by Winner is permitted. If winner fails to claim the prize within 72 hours from the time results were announced the prize may be forfeited. If you (Sweepstakes entrant) use fraudulent methods or otherwise attempt to circumvent these Official Rules, your submission may be removed from eligibility at Sponsor’s sole discretion.
No mechanically reproduced entries or illegible, incomplete, forged or altered entries will be accepted. Sponsor is not responsible for: (i) technical, hardware or software malfunctions, lost or unavailable network or internet 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 utilized in this Sweepstakes; (ii) the incorrect or inaccurate capture of information whether caused by Website users, tampering, hacking or by any equipment or programming associated with or used in the Sweepstakes; (iii) errors of any kind whether human, mechanical, electronic, network or otherwise arising out of or relating to the Sweepstakes; (iv) theft, loss, or destruction of, or damage to, an Entry, in whole or in part; (v) electronic communications which are undeliverable as a result of any form of active or passive filtering of any kind or insufficient space in an entrant’s e-mail account to receive e-mail messages; (vi) late, lost, stolen, damaged, garbled, delayed, postage due, misaddressed, or misdirected entries or mail; and (vii) any other factors beyond the reasonable control of the Sponsor.
Each entrant assumes all risk of damaged, lost, late, incomplete, invalid, incorrect or misdirected Entry. Each entry must be submitted separately. Limit of one (1) entry per person. All entries become the exclusive property of the Sponsor and will not be returned.
2. PRIZE AND ODDS: 2 Grand Prizes: 10 winners will each win: a lobster Dek Decal worth approximately $12.95. Odds of winning are determined by the number of eligible entries received. The prizes will be awarded (assuming sufficient number of eligible entries). Limit one prize per family or household. Sponsor retains the right to substitute prizes of equal or greater value. No purchase is necessary to enter and no purchase will increase entrant’s chances of winning.
3. ELIGIBILITY: The Sweepstakes is open to individual legal residents of the United States, 18 years of age or older, except that residents of Arizona, Delaware, Kentucky, Pennsylvania, Rhode Island, Massachusetts, Michigan, DC, or Alaska are not permitted to enter, and except for employees and their immediate families (spouse, parents, siblings, and children) and members of the same household of the Sponsor and each of their respective parent organizations, subsidiaries, affiliates, directors, officers, owners, advertising and promotion agencies, and agents. No individuals under 18 years of age may enter the Sweepstakes, and the Sponsor specifically is not targeting advertisements of this Sweepstakes to such individuals. Limit 1 entry per person; anyone who submits multiple entries is subject to disqualification.
4. SELECTION OF WINNERS: Winners will be determined by a random draw from all eligible entries, which drawing shall be conducted on or about [August 3, 2020] by a representative of the Sponsor, whose decisions are final on all matters relating to this Sweepstakes. Winner will be notified by email and/or phone pursuant to the information listed on such Winner’s Entry.
Sponsor or its representatives will use reasonable efforts to contact a winner within the 24 hours following announcement of the winner of the Sweepstakes. The winner of the Sweepstakes will be announced on or about [August 3, 2020]. Making two (2) separate attempts, with at least four (4) hours between one another, to contact the winner(s) shall be considered a “reasonable effort” on the part of Sponsor or Sponsor’s representatives.
In the event Sponsor or Sponsor’s representatives put forth reasonable effort to contact a winner, and cannot, Sponsor, in Sponsor’s sole and absolute discretion, may deem such winner disqualified, and select another winner using the above criteria. If by reason of a printing or other error, more prizes are claimed than the number set forth in these official rules, all persons making purportedly valid claims will be included in a random drawing to award the advertised prize available. No more than the advertised prizes will be awarded.
5. VERIFICATION OF WINNERS AND DELIVERY OF PRIZE: Winners may be required to provide proof of identity, address, age, or residency, and sign an Affidavit of Eligibility and Liability Release and, where permitted, Publicity Release, to receive the prize. Prize(s) may be awarded to alternate winner(s) selected randomly from other eligible entries if any of the following occur: (i) Affidavit of Eligibility or Liability Release is not returned within three (3) days after mailing to winner(s), (ii) winner(s) fail to meet the eligibility requirements set forth in Section 3, or cannot provide proof the same in a manner that is adequate to Sponsor(s), (iii) two (2) attempts to contact winner(s) by email or phone, made at least one (1) hour apart, are unsuccessful, or (iv) winner(s) decline the prize(s) (“Negating Events”). If any one of the foregoing Negating Events occur, Sponsor(s) may, at its discretion, select another winner(s) by random drawing until all prize(s) have been distributed. If a Negating Event occurs with regard to any winner, that winner waives its right to receive any prize(s).
6. DISPUTE RESOLUTION:
(a) Informal Dispute Resolution. Prior to filing any arbitration proceeding pursuant to Section 6(b) hereof, the party intending to file such a proceeding shall notify the other party in writing of the existence and the nature of the dispute. The parties each agree that within ten (10) business days of the other party’s receipt of such notice, a representative of each party shall meet for a minimum of one (1) eight (8) hour day, or such shorter period of time if the dispute is more quickly resolved, in Orlando, Florida in order to attempt to amicably resolve the dispute. If such informal dispute resolution attempts prove to be unsuccessful, the notifying party may initiate the dispute resolution procedures available as set forth herein. Each party shall bear its own costs associated with the meeting and in no event shall either party be liable to the other for any costs or expenses incurred as a result of such meeting.
(b) Arbitration. Except as provided in Section 6(c) with respect to injunctive proceedings, and Section 6(a) with respect to informal dispute resolution, all controversies, disputes or claims arising between the parties arising out of or related to the Sweepstakes shall be submitted promptly for arbitration to be conducted in English in Orlando, Florida, and administered by the American Arbitration Association. Such arbitration proceedings shall be resolved by a single arbitrator selected by mutual agreement of the parties. If the parties are unable to agree on the appointment of the arbitrator to resolve the dispute within thirty (30) days from the date when the request for arbitration initially has been communicated to the other party, such appointment shall be made by the American Arbitration Association. The arbitrator shall have the right to award or include in the award any relief deemed proper under the circumstances, including attorneys’ fees and costs incurred by the prevailing party. The award and decision of the arbitrators shall be conclusive and binding upon all parties hereto and judgment upon the award may be entered in any court of competent jurisdiction. The parties waive any right to contest the validity or enforceability of such award.
(c) Injunctive Relief. The parties acknowledge that violation of these Official Rules would cause irreparable harm that would not be adequately compensable by monetary damages. In addition to other relief, it is agreed that preliminary and permanent injunctive relief will be available to prevent any actual or threatened violation of such provisions.
7. GENERAL: This Sweepstakes is void where prohibited or restricted by law and is subject to all applicable federal, state and local laws and regulations. The Sweepstakes shall in all respects be governed by, and construed in accordance with, the laws of the State of Florida, including all matters of construction, validity and performance, without giving effect to its conflict of laws provisions. Taxes and fees, if any, are the sole responsibility of winner(s). Winner may be required to sign an IRS form 1099 or the equivalent. By participating in this Sweepstakes, each entrant accepts the conditions stated in these Official Rules, agrees to be bound by the decisions of the Sponsor(s), and warrants that he or she is eligible to participate in the Sweepstakes. Sponsor(s) reserve the right, in their sole discretion, to disqualify any entrant from this Sweepstakes or any other promotion conducted now or in the future by Sponsor(s) and each of their respective parent organizations, subsidiaries, affiliates, directors, officers, owners, advertising and promotion agencies, and agents if he or she tampers with the entry process or his or her fraud or misconduct affects the integrity of the Sweepstakes. Sponsor(s) reserve the right to cancel, terminate or modify the Sweepstakes should any virus, bug, tampering, technical failure, unauthorized human intervention or other cause beyond Sponsor(s)' control corrupt or affect the administration, security, fairness or proper conduct of the Sweepstakes. The Sponsor(s) are not liable to a winner or to any other person for failure to supply the prize described herein (or any part thereof) by reason of such prize (or any portion thereof) becoming unavailable or impracticable to award for reasons beyond the reasonable control of the Sponsor(s), or for any force majeure event, technical or equipment failure, terrorist acts, labor dispute, or act/omission of any kind (whether legal or illegal), transportation interruption, civil disturbance, or any other cause beyond the reasonable control of the Sponsor(s). Winner(s) agree to hold harmless and indemnify Sponsor(s) and each of their respective parent organizations, subsidiaries, affiliates, directors, officers, owners, advertising and promotion agencies, and agents (together, the “Indemnified Parties”) from any and all liability, loss or damages or causes of action arising from or in connection with entrant’s participation in or winner(s)’ receipt or use of the prize(s) awarded in the Sweepstakes. Winner(s) agree to the use of their name, likeness, biographical data, and/or voice in any and all advertising, promotions, and other publicity conducted by the Indemnified Parties in any medium without additional authorization, compensation or remuneration to the extent permitted by law. Sponsor(s) are responsible only for delivery of prize(s), not for use, utility, quality or otherwise.
CAUTION: ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE THE WEBSITE OR ANY SWEEPSTAKES SITE, OR TO UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES, IS A VIOLATION OF APPLICABLE CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR(S) RESERVE THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT OF THE LAW AND TO DISQUALIFY SUCH PERSON FROM THE SWEEPSTAKES. BY SUBMITTING AN ENTRY, EACH ENTRANT AGREES THAT THE INDEMNIFIED PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR, AND WILL BE RELEASED AND HELD HARMLESS BY ENTRANT AND ENTRANT’S HEIRS, EXECUTORS, REPRESENTATIVES, SUCCESSORS AND ASSIGNS, FOR ANY CLAIMS, LIABILITIES, OR CAUSES OF ACTION OF ANY KIND OR NATURE FOR ANY INJURY, LOSS OR DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES TO PERSONS, INCLUDING, WITHOUT LIMITATION, DISABILITY OR DEATH, AND DAMAGE TO PROPERTY, DUE IN WHOLE OR IN PART, ARISING DIRECTLY OR INDIRECTLY, NOW OR IN THE FUTURE FROM THE DELIVERY, ACCEPTANCE, USE OR MISUSE OF ANY PRIZE, ANY AND ALL USE AS PROVIDED HEREIN OF ENTRANT’S ENTRY, OR PARTICIPATION IN THIS SWEEPSTAKES AND/OR ANY RELATED SWEEPSTAKES. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE WEBSITE AND ANY SWEEPSTAKES SITE IS 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, AND NON-INFRINGEMENT.
8. REQUEST FOR WINNERS: To obtain the list of winner(s), send a self-addressed, stamped envelope to: 2020 SeaDek Marine Products Sweepstakes, c/o SeaDek Marine Products, Kellie Ramsey, 5440 Schenck Ave., Rockledge, Florida 32955. Requests must be received by August 10, 2020. The name of the winners will be sent after selection of the winners upon request.
9. SPONSOR: Hyperform, Inc. d/b/a SeaDek Marine Products, 5440 Schenck Ave., Rockledge, Florida 32955. If you have any questions, comments or concerns about this Policy, please contact by phone at 321-632-4466 or by email at email@example.com.