Official Sweepstakes Rules
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE OR PAYMENT WILL NOT IMPROVE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY APPLICABLE FEDERAL, STATE OR LOCAL LAWS AND REGULATIONS. OPEN ONLY TO LEGAL U.S. RESIDENTS OF THE CONTIGUOUS 48 UNITED STATES AND THE DISTRICT OF COLUMBIA. VOID IN CANADA, PUERTO RICO, U.S. TERRITORIES AND POSSESSIONS AND WHERE PROHIBITED. MUST BE 18 YEARS OF AGE AND OLDER OR THE AGE OF MAJORITY IN STATE OF RESIDENCE AT THE TIME OF ENTRY.
THE SWEEPSTAKES IS GOVERNED BY THESE OFFICIAL RULES. BY PARTICIPATING IN THE SWEEPSTAKES, EACH ENTRANT AGREES TO ABIDE BY THESE OFFICIAL RULES, INCLUDING ALL ELIGIBILITY REQUIREMENTS, AND UNDERSTANDS THAT THE RESULTS OF THE SWEEPSTAKES, AS DETERMINED BY THE SPONSOR AND ITS AGENTS, ARE FINAL IN ALL RESPECTS.
THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED, ADMINISTERED BY, OR ASSOCIATED WITH FACEBOOK.
1. SPONSOR: The sponsor of this Sweepstakes is Anthony & Sylvan Pools, 3739 Easton Road, Doylestown, PA, 18901.
2. HOW TO ENTER: You may enter the Anthony & Sylvan “My Pool Pets” sweepstakes by sharing a photo of an animal enjoying your swimming pool on the “Anthony & Sylvan Pools” Page on Facebook (www.facebook.com/anthonysylvan) beginning on or about 12:01 a.m. EDT 4/1/16 and ending on or about 4/30/16 at 11:59 p.m. EDT (“Sweepstakes Period”). When you submit a qualifying photograph, the entrant will receive one (1) entry into the Sweepstakes drawing. Entrants will receive one (1) additional Sweepstakes entry for each additional unique photo of an animal enjoying their pool that they share on the “Anthony & Sylvan Pools” Page on Facebook. Duplicate photos will not qualify for additional entries. Photographs must show a swimming pool or spa built by, or under construction by, Anthony & Sylvan Pools with an animal in the photo.
Entries must be received during the Sweepstakes period. Anthony & Sylvan’s computer clocks shall be the official clock for determining the timeliness of entries. Any attempt to submit an entry other than as described herein is void.
You may also enter the Anthony & Sylvan “My Pool Pets” Sweepstakes via mail by legibly printing your name, complete address, and daytime phone number on a 3 x 5 card, and mailing it to:
Anthony & Sylvan “My Pool Pets” Sweepstakes 3739 Easton Road Doylestown, PA, 18901
Entry forms must be received by 4/30/16 to be eligible for the Grand Prize. All mail-in entries must be hand printed, mailed separately and bear sufficient postage. Only one entry per mailing will be accepted. Any incomplete or mechanically reproduced entries will be disqualified.
Additional Entry Conditions: Sponsor and its subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, officers and directors shall not have any obligation or responsibility, including any responsibility to award any prize to entrants, with regard to: (a) Entries that contain inaccurate information or do not comply with or violate the Official Rules; (b)
Entries, prize claims or notifications that are lost, late, incomplete, illegible, unintelligible, damaged or otherwise not received by the intended recipient, in whole or in part, due to computer, human or technical error of any kind; (c) entrants who have committed fraud or deception in entering or participating in the Sweepstakes or claiming the prize; (d) telephone, electronic, hardware, software, network, Internet or computer malfunctions, failures or difficulties; (e) any inability of the winner to accept the prize for any reason; (f) if a prize cannot be awarded delays or interruptions due to Acts of God, natural disasters, terrorism, weather or any other similar event beyond Sponsor’s reasonable control; or (g) any damages, injuries or losses of any kind caused by any prize or resulting from awarding, acceptance, possession, use, misuse, loss or misdirection of any prize or resulting from participating in this promotion or any promotion or prize related activities. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be (a) tampering with the entry process or the operation of the Sweepstakes, or with any Web sites promoting the Sweepstakes; (b) acting in violation of the Official Rules; or (c) entering or attempting to enter the Sweepstakes multiple times through the use of multiple email addresses or the use of any robotic or automated devices to submit entries. If Sponsor determines, in its sole discretion, that technical difficulties or unforeseen events compromise the integrity or viability of the Sweepstakes, Sponsor reserves the right to void the entries at issue, and/or terminate the relevant portion of the Sweepstakes promotion, including the entire Sweepstakes promotion, and/or modify the Sweepstakes and/or conduct a random drawing to award the prize(s) using all eligible entries received as of the termination date. If the Sweepstakes is terminated or modified due to technical difficulties or unforeseen events prior to the expiration date of the Promotion Period, notice will be posted at
3. PRIZES: Prizes in the Anthony & Sylvan “My Pool Pets” Sweepstakes will be awarded as follows:
ONE (1) GRAND PRIZE: $300 Gift Certificate to Anthony & Sylvan retail stores or online store
Approximate Retail Value (“ARV”): $300. Actual value may vary. Winner will not receive difference between actual and approximate retail value. Winner may not substitute a prize for its cash equivalent.
Sponsor reserves the right to substitute any or all of the prizes with any article or service of similar or greater value at its sole discretion. Prizes may not be assigned or transferred. Odds of winning depend on the number of eligible entries received during the Sweepstakes periods (defined below in 7. DRAWINGS).
4. PRIZE RESTRICTIONS:
Sponsor reserves the right to modify or change prizes at any time and at its sole discretion for prizes of equal value.
5. RELEASE: By participating in the Sweepstakes, entrants and winner agree to release and hold harmless Sponsor and its subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, officers and directors, from any and all liability, for loss, harm, damage, injury, cost or expense whatsoever including without limitation, property damage, personal injury (including emotional distress), and/or death which may occur in connection with preparation for, or participation in, the Sweepstakes, or possession, acceptance and/or use or misuse of the prize
or participation in any Sweepstakes-related activity and for any claims or causes of action based on publicity rights, defamation or invasion of privacy and merchandise delivery. By accepting the prize, winner agrees that any liability concerning or arising out of the prize rests solely with the manufacturer of the goods or their affiliates. Sponsor and its subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, officers and directors assume no responsibility for any injury or damage to entrants or to any other person’s computer, regardless of how caused, relating to or resulting from entering or downloading materials or software in connection with this Sweepstakes. Entrants and winner acknowledge that Sponsor has neither made nor is in any manner responsible or liable for any warranty, representations or guarantees, express or implied, in fact or in law, relative to any prize, including, but not limited to, express warranties provided by the manufacturer of the goods or their affiliates.
6. ELIGIBILITY: The Sweepstakes is open to legal U.S. residents physically located and residing in the 48 contiguous United States and the District of Columbia, who are at least 18 years of age or older at time of entry or the age of majority in state of residence at time of entry. Void in Canada, Puerto Rico and all U.S. territories and possessions and where prohibited by law. The Sweepstakes, and any website pages relating thereto, is intended for viewing only within the contiguous United States. The Sponsor, their respective promotions agencies, any of their respective parent companies, subsidiaries, officers, directors, partners, principals, partnerships, employees or agents (collectively, the “Promotion Entities”) and their immediate families (defined as spouse, mother, father, sisters, brothers, sons and daughters, regardless of where they reside) and members of their households (whether related or not) are ineligible to participate in this Sweepstakes.
7. DRAWINGS: All eligible entries received during the Sweepstakes period will be entered into a Sweepstakes. One (1) winner will be randomly selected on or around 5/4/16 and notified via a Facebook post shared on the “Anthony & Sylvan Pools” Facebook Page (www.facebook.com/anthonysylvan). If the selected winner entered via a mail-in entry, they will be contacted directly via the contact information shared on their entry form.
Any entries received after the times and dates listed above will be disqualified from winning the prize associated with that time and date.
Each entrant is responsible for monitoring the “Anthony & Sylvan Pools” Facebook Page for winner announcements and notification or other communications related to this contest. The winner will have 30 days from the time the winner is announced to contact Anthony & Sylvan Pools and claim their prize.
Upon the request of the Sponsor, the potential Winner may be required to return an Affidavit of Eligibility, Release and Prize Acceptance Form and IRS W-9 form. If a potential Winner fails to comply with these official rules, that potential Winner will be disqualified.
In order to redeem his/her prize, each potential winner shall sign, have notarized, and return to Sponsor the Affidavit within fourteen (14) days from the date Sponsor sends the Affidavit. Each Winner must be the age of majority in his/her state of residence. The guest for the Grand Prize trip (the “Guest”) shall sign, have notarized and return to Sponsor a Liability Release, Publicity Release, unless prohibited by law, and any other documentation that Sponsor requires within fourteen (14) days after receipt by the potential winner of the Grand Prize. In the event: (a) a potential winner cannot be reached for whatever reason after a reasonable effort has been exerted based on the information stated in the Entry, (b) of noncompliance with the above or within any of the aforesaid time periods, (c) a potential winner is found to be ineligible to enter the Sweepstakes or receive the prize, (d) a potential winner cannot or does not comply with the Official Rules, (e) a potential winner’s prize notification or Affidavit is returned as undeliverable for whatever reason, or (f) a potential winner fails to fulfill the Affidavit-related obligations, the potential winner shall be disqualified from the Sweepstakes and an alternate potential winner may
be selected, at Sponsor’s sole discretion, from among the other eligible entries received. Winner selection is under the supervision of Sponsor, whose decisions are final and binding in all respects. If entrant’s e-mail address, telephone number, or home mailing address changes after he/she enters the Sweepstakes, it is the entrant’s sole responsibility to notify Sponsor by postal mailing notice to the address stated below to be received before the end of the Sweepstakes Period.
8. CERTAIN ADDITIONAL CONDITIONS: Entrants assume all risk of loss, damages, destruction, delay or misdirection of materials/mail/e-mail submitted to Sponsor. Sponsor reserves the right, in its sole discretion, without prior notice and at any time, to cancel, terminate or suspend this Sweepstakes should virus, bugs, non-authorized human intervention or other causes beyond the control of Sponsor corrupt or impair the administration of this Sweepstakes. In such case, Sponsor may select the winners from all eligible entries received prior to and/or after (if applicable) the action taken by Sponsor. At its sole discretion, Sponsor may disqualify any person whom it considers to have intentionally violated these Official Sweepstakes Rules or any element of this Sweepstakes. By participating, entrants agree to be bound by the Official Sweepstakes Rules and the decisions of Sponsor and to waive any right to claim ambiguity in these Official Sweepstakes Rules. All prizes are awarded upon the condition that the Sweepstakes Entities shall have no liability whatsoever and shall be released, discharged, indemnified and held harmless for any injuries, losses or damages of any kind to persons or property, including death, sustained, in whole or in part, directly or indirectly, in connection with or resulting from acceptance, or participation in this Sweepstakes and to sign any documents requested by Sponsor to evidence this release. The Sweepstakes Entities are not responsible for technical, hardware, software or telephone failures of any kind, lost or unavailable network connections, fraud, incomplete, garbled or delayed computer transmissions, whether caused by Sponsor, users or by any of the equipment or programming associated with or utilized in the Sweepstakes or by technical or human error that may occur and/or that may damage a user’s system, hardware or software or limit a participant’s ability to participate in the Sweepstakes. CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES IS A VIOLATION OF CIVIL LAW. SHOULD AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. By participating, entrants agree to be bound by the Official Sweepstakes Rules and the decisions of Sponsor and to waive any right to claim ambiguity in these Official Sweepstakes Rules. All prizes are awarded upon the condition that the Sweepstakes Entities shall have no liability whatsoever and shall be released, discharged, indemnified, and held harmless for any injuries, losses, or damages of any kind to persons or property, including death, sustained, in whole or in part, directly or indirectly, in connection with or resulting from acceptance, or participation in this Sweepstakes, including, without limitation, the winning and/or use of any prize, and entrant agrees to sign any documents that the Sponsor may request to evidence this release. Without limiting the foregoing, the Sweepstakes and any prize is provided “AS IS” without representation of warranty of any kind, either expressed or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or noninfringement. Some jurisdictions may not allow the limitations or exclusions of liability for incidental or consequential damages, or exclusion of the implied warranties, so some of the aforementioned limitations or exclusions may not apply. Check local laws for any restrictions or conditions regarding these limitations and/or exclusions.
9. WINNERS LIST: For a list of prize-winners, which shall be available after 5/7/16 please send a separate, self-addressed stamped envelope to: Anthony & Sylvan Pools, 3739 Easton Rd., Route 611. Doylestown, PA 18901. Request for list of prize-winners must be received by 5/30/16.
10 . PUBLICITY: Except where prohibited or restricted by law, winner’s acceptance of prize constitutes the winner’s agreement and consent for Sponsor to use and/or publish winner’s full name, city and state of residence, photographs or other likenesses, Entry, pictures, portraits,
voice, testimonials, biographical information (in whole or in part), and/or statements made by winner regarding the Sweepstakes or Sponsor, worldwide and in perpetuity for any and all purposes, including, but not limited to, advertising, trade and/or promotion on behalf of Sponsor, in any and all forms of media, now known or hereafter devised, including, but not limited to, print, TV, radio, electronic, cable, or World Wide Web, without further limitation, restriction, compensation, notice, review, or approval.
11. APPLICABLE LAW: Except where prohibited, all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant or Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the Commonwealth of Pennsylvania without giving effect to any choice of law or conflict of law rules (whether of the Commonwealth of Pennsylvania, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the Commonwealth of Pennsylvania.
12. ARBITRATION: Except where prohibited by law, as a further condition of participating in this Sweepstakes, entrant agrees that (a) any and all disputes and causes of action arising out of or connected with this Sweepstakes or any Prizes awarded, shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of the American Arbitration Association (“AAA”); (b) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (c) judgment upon such arbitration award may be entered in any court having jurisdiction. Under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorney’s fees, and entrant further waives all rights to have damages multiplied or increased. Entrants hereby irrevocably consent to the personal jurisdiction of said courts and waive any claim of forum non conveniens or lack of personal jurisdiction they may have.