THIS CONTEST IS RESTRICTED TO LEGAL RESIDENTS OF THE UNITED STATES AND CANADA (EXCLUDING QUEBEC), WHO HAVE REACHED THE AGE OF MAJORITY IN THEIR JURISDICTION OF RESIDENCE AT THE TIME OF ENTRY. NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR ODDS OF WINNING. ALL APPLICABLE FEDERAL, STATE, PROVINCIAL AND LOCAL LAWS APPLY. VOID WHERE PROHIBITED BY LAW.
This contest (the “Contest”) is operated by WP Hatch, Inc. (the “Operator”) on behalf of the corporate sponsor of the Contest (the “Sponsor”), if any, as indicated on the contest entry page specific to the particular Contest you are entering (the “Contest Entry Page”). The Contest is operated by the Operator in accordance with these Official Contest Rules (the “Rules”) and the specifications set out on the Contest Entry Page. In the event there is a discrepancy between the Rules and the Contest Entry Page, the Rules will govern.
If you are entering the Contest via Facebook, the Contest is in no way sponsored, endorsed or administered by, or associated with, Facebook. You are providing your information to Operator and not to Facebook.
The Rules are subject to amendment by the Operator at its sole discretion and without notice. By entering the Contest, you agree to abide by the Rules, as they may be amended from time-to-time, and will be deemed to have received and understood the Rules by participating in the Contest.
If you are entering the Contest via Facebook, you agree to adhere to Facebook’s Statement of Rights and Responsibilities found at http://www.facebook.com/legal/terms.
By entering the Contest, you agree to comply with these Rules and you agree to be bound by the decisions of the Operator. The terms of the Contest, as set out in the Rules, are not subject to amendment or counter-offer, except as set out herein. The decisions of the Operator with respect to the Contest are final and binding and not subject to appeal or review. If any provisions of the Rules are held to be invalid or unenforceable, all remaining provisions will remain in full force and effect.
The Contest starts at 12:01 a.m. EST on September 30, 2019 and ends at 11:59 p.m. EST on November 22, 2019 or such other date as chosen by the Operator (the “Contest Period”) as indicated on the contest page. All entries must be placed and received during the Contest Period in order to be eligible to win.
HOW TO PARTICIPATE
Entry is free of charge; no purchase is necessary. Entries will be accepted during the Contest Period only. Limited to one entry per person and/or email address.
To enter online, fill in all of the required fields of the online registration form on the Contest Entry Page. An entry will not be valid unless all of the required fields of the online registration form are completed and the information is accurate and valid. Once submitted, an entry cannot be deleted, canceled or modified, except by the Operator.
You may also participate in the Contest through an offline entry. To enter offline, you must mail a 3″ x 5″ card to WP Hatch, Inc., Post Office Box 910083, San Diego, CA 92121. The card must include the following information in legible, hand-printed or typed English: your full legal name, complete home address including postal/zip code, home telephone number with area code, email address, date of birth, and the name of the Contest you are entering. If Contest requires additional items to be submitted, those items must be included in entry.
Operator is not responsible for any incomplete, late, lost, stolen, misappropriated, incomplete, illegible, damaged, postage-due or misdirected mail-in entries, or for failure to receive online entries due to transmission failures or technical failures of any kind, including, without limitation, malfunctioning or unavailability of any network, hardware or software, whether originating with sender or Operator.
ELIGIBILITY AND LIMITATIONS
The Contest is open to legal residents of the United States and Canada (excluding residents of Quebec). You must have reached the age of majority in your jurisdiction of residence at the time of entry in the Contest. You must have a valid street address in an eligible area (a P.O. Box address will not suffice).
Employees of Operator or Sponsor, their affiliates and advertising agencies, and members of the immediate family of any such persons are not eligible to participate and win. The term “immediate family” includes spouses, siblings, parents, children, grandparents, and grandchildren, whether related by blood, as “in-laws,” or by current or past marriage(s), remarriage(s), adoption, co-habitation or other family extension, and any other persons residing at the same household whether or not related.
Entries are limited to individuals only; commercial enterprises and business entities are not eligible. Individuals are eligible to win a maximum of one prize per day from all contests operated by WP Hatch, Inc.
Operator reserves the right to disqualify any individual that it finds, in its sole discretion, to be in violation of these Rules or tampering with the Contest process. Operator reserves the right to refuse an entry from a person whose eligibility is in question or who has been disqualified or is otherwise ineligible to participate. Entries generated by script, macro, robotic, programmed or any other automated means are prohibited and will be disqualified. Any attempt by anyone to deliberately undermine the legitimate operation of this Contest is in violation of criminal and civil laws and the Operator reserves the right to seek damages or other legal remedy to the fullest extent permitted by law.
By entering the Contest, you represent and warrant that you are eligible to participate in the Contest in accordance with these Rules.
Prizes include only those items and costs expressly listed on the Contest Entry Page(s). Any incremental costs associated with the use or ownership of the prize (including, but not limited to, all insurance costs) are the sole responsibility of the winner. All dollar values cited in these Rules are US currency. Any difference between the stated approximate retail value and actual prize will not be awarded.
WINNER SELECTION AND NOTIFICATION
Winners of all prizes will be randomly chosen by the Operator.
Prizes are awarded as-is and no warranties or guarantees are implied or expressed. In order to receive a prize, the selected entrant may be required to provide proof of identification and will have to comply with all the requirements set out in these Rules.
All prizes must be claimed within 1 business day or they will be forfeited. To claim a prize, winner must respond via email to Operator.
Prizes and prize portions are non-exchangeable, non-transferable, non-refundable, have no cash surrender value and must be accepted as awarded with no substitutions. If any portion of a prize is not used, for any reason, no financial compensation will be awarded for the balance. The Operator reserves the right, in its sole discretion, to substitute and/or modify a prize, or prize portion, with a prize(s) of equal or greater value for any reason. Should a winner be unable to claim his/her prize as awarded, his/her rights to that prize will be forfeited. All taxes, fees and surcharges on prizes are the sole responsibility of the winner. Operator will be responsible for shipping and handling expenses to ship a prize to a winner’s valid address. Operator will not ship any prizes to an address that is determined to be invalid for entry into the Contest.
In the event of a dispute regarding the identity of the person entering the Contest electronically, the entry will be deemed to have been submitted by the “authorized account holder” in whose name the e-mail account is registered, provided that person meets all eligibility criteria of the Contest. “Authorized account holder” shall mean the natural person assigned to an e-mail address and/or telephone number, by an Internet service provider, on-line service provider, telephone service provider or other organization that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.
ODDS OF WINNING
The odds of winning a random Draw prize depend on the number of eligible entries received for each drawing.
Depending on the contest entered, the number of prizes awarded may vary. Odds of winning a prize depend on the number of eligible entries as well as the number of prizes being offered by the applicable Sponsor.
TAXES (U.S. Residents Only)
Any valuation of the prize(s) is based on information provided to the Operator and the value of any prize awarded to a winner that is resident in the United States may be reported by the Operator to the IRS for tax purposes as required by law. Each winner is solely responsible for reporting and paying any and all applicable taxes. Each winner must provide the Operator with valid identification and a valid taxpayer identification number or social security number before any prize will be awarded. Prizes are not transferable, redeemable for cash or exchangeable for any other prize. Any person winning over $600 in prizes from Operator will receive an IRS Form 1099 from Operator at the end of the calendar year and a copy of such form will be filed with the IRS by Operator.
All entries become the property of the Operator and none shall be returned. By entering this Contest, you represent and warrant that you have the right to grant, and do hereby grant to Operator an irrevocable, non-exclusive, paid-up and royalty-free, worldwide, perpetual right and license (including the right to sublicense) to use your name, character, photograph, voice and likeness in connection with the promotion of this and other contests run by Operator, in all media now known or hereafter devised. You waive any claims to royalties, moral rights, or remuneration for such use. You agree not to assert any claim against Operator, Sponsor, Facebook and their respective affiliates, subsidiaries, parent companies, related companies, officers, directors, agents, promotional partners and employees (the “Released Parties”) for their use of the content submitted in the Contest.
LIMITATION ON LIABILITY
By entering the Contest, you release all Parties from any and all liability whatsoever for any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with the Contest or with the acceptance, possession, or use of any prize, including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to, loss or destruction of property, rights of publicity or privacy, defamation, or portrayal in a false light. By entering the Contest, you also agree to fully indemnify the Released Parties and hold each of them harmless from any and all claims costs, losses, or damages of any kind arising out of or in connection with the Contest, including any use of any prize, by any third parties.
Operator is not responsible for prize quality or utility. Operator is not responsible for any incorrect or inaccurate information, whether caused by website users or by any of the equipment or programming associated with or utilized in the Contest or by any technical or human error which may occur in the processing of submissions in the Contest. Operator assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of entries. Operator is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line-systems, servers or providers, computer equipment, software, failure of email, technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to participants or to any person’s computer or data related to or resulting from participating or downloading materials related to the Contest. Operator is not responsible for cheating or fraud by any entrants.
Any activities intended to disrupt or interfere with the proper play of the Contest, or to defraud the Operator or Sponsor in any manner may be prosecuted to the fullest extent of the law. Participants engaging in any of the foregoing activities will be disqualified and will forfeit any prizes won.
If, for any reason, the Contest is not capable of operating as planned, including, without limitation, as a result of infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the reasonable control of Operator which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest, Operator reserves the right in its sole discretion to cancel, terminate, modify or suspend the Contest or to award prizes among eligible entries received.
As a condition of participating in this Contest, you agree to be bound by these Rules. You also agree that any and all disputes which cannot be resolved between the parties, and any causes of action arising out of or connected with the Contest, shall be resolved individually, without resort to any form of class action. You consent to the exclusive jurisdiction of the courts located in Toronto, Ontario, and agree that all matters pertaining to these Rules and disputes arising hereunder shall be governed by and interpreted in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to any conflicts or choice of law rules or provisions (whether of Canada or any other jurisdiction).
Notwithstanding the Terms, in any such dispute, under no circumstances will you be permitted to obtain awards for, and you hereby waive all rights to claim, punitive, incidental or consequential damages, including attorneys’ fees, other than your actual out-of-pocket expenses (i.e., your costs associated with entering the Contest), and you further waive all rights to have damages multiplied or increased.
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 of these Rules is found to be invalid or unenforceable, these Rules shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein.
For a Winner’s List, available thirty (30) days following the end of the Contest Period, send a self-addressed, stamped envelope to: WP Hatch, Inc., Post Office Box 910083, San Diego, CA 92121.
Please include the following in your Winner’s List request: Your full legal name and indicate which winner’s list you would like to receive. Please include a self-addressed, outer postmarked envelope for every list requested.
This Contest is operated by WP Hatch, Inc. To contact the Operator, write to WP Hatch, Inc., Post Office Box 910083, San Diego, CA 92121.