2017 ENDLESS POOLS SWEEPSTAKES
NO PURCHASE NECESSARY. PURCHASE WILL NOT INCREASE ODDS OF WINNING. VOID WHERE PROHIBITED.
- PROMOTION TIMING. The 2017 Endless Pools® Sweepstakes (the “Promotion”) begins at 10:00 A.M. Eastern Time (“ET”) on January 9, 2017 and ends 11:59 P.M. ET on November 30, 2017 (the “Promotion Period”).
- ELIGIBILITY. The Promotion is open only to individuals who at the time of entry (a) are legal residents of and domiciled in the fifty (50) United States or the District of Columbia, and (b) are at least 18 years of age. The following individuals are not eligible to participate: (i) employees of Wellness Marketing Corporation d/b/a Endless Pools (“Sponsor”) or Masco Corporation, any of their subsidiaries or affiliate companies, or their advertising, marketing or promotional agencies; (ii) family members (spouse, parents, siblings, children and in-laws) of any individual referred to in clause (i); and (iii) persons living in the same household (whether or not related) with any person referred to in clause (i) or (ii) above. This Promotion is subject to all federal, state, and local laws and regulations and is void (a) outside the 50 United States and the District of Columbia, and (b) where prohibited by law.
- HOW TO ENTER. There are three ways for eligible persons to enter this Promotion during the Promotion Period:
- To enter through the Endless Pools website, go to http://endlesspools.com/2017sweeps. Follow all onscreen instructions to complete and submit the Promotion registration entry form (an “Entry”). Entrants must include full name and a valid email. All required information must be included for the entry to be eligible. Entrants will be required to confirm they have reviewed and agreed to the Official Rules as a condition of entering the Promotion.
- To enter through the Endless Pools Facebook® page, visit the Endless Pools Facebook fan page at https://www.facebook.com/EndlessPools (the “Endless Pools Facebook Page”). Click on the 2017 Endless Pools Sweepstakes thumbnail, and you will be directed to the Promotion entry page. Follow all onscreen instructions to complete and submit the Promotion registration entry form (an “Entry”). Entrants must include full name and a valid email. All required information must be included for the entry to be eligible. Entrants will be required to confirm they have reviewed and agreed to the Official Rules as a condition of entering the Promotion.
- If you do not wish to enter the Promotion by submitting an entry as described above, you may enter the Promotion by mailing your full name and email address on a postage prepaid post card addressed to: Endless Pools, 1601 Dutton Mill Road, Aston, PA 19014, Attention: Daniel Fraley, 2017 Endless Pools Sweepstakes. A mail-in entry (an “Entry”) must be post-marked before the end of the Promotion Period, and received by Sponsor on or before December 7, 2017.
All entries become the property of Sponsor and will not be acknowledged or returned. Limit one Entry per person/per email address during the Promotion Period, regardless of the means of entry. Entries will not be acknowledged or returned. Proof of sending or submitting an Entry will not be deemed proof of receipt by Sponsor.
- AGREEMENT TO OFFICIAL RULES. Your participation in this Promotion constitutes your full and unconditional agreement to and acceptance of these Official Rules and the decisions of the Sponsor, which are final and binding. Winning a prize is contingent upon fulfilling all requirements set forth herein.
- SELECTION OF POTENTIAL PRIZE WINNERS. On or about January 31, 2018, potential Prize Winners will be selected in a random drawing from among all eligible Entries received. There will be one (1) Grand Prize Winner, one (1) Second-Place Prize Winner, one (1) Third-Place Prize Winner, and one (1) Fourth-Place Prize Winner. Odds of winning depend on the total number of eligible Entries received. A purchase will not increase the chances of winning.
- NOTIFICATION AND REQUIREMENTS OF POTENTIAL PRIZE WINNERS. Each potential Prize Winner will be initially contacted via email, will be required to provide a mailing address, and may also be required to sign and return an Affidavit of Eligibility, Liability and Publicity Release (except where prohibited by law) and/or an IRS W-9 Form within seven (7) calendar days of notification by Sponsor. Prizes won by persons who are eligible entrants but considered minors in their state of residence may be awarded to a parent or legal guardian, who must execute and return all required documentation outlined herein and otherwise comply with all requirements imposed on a winner. The prize may be forfeited and may be awarded to another entrant who is randomly selected if (i) any prize notification or any prize is returned as undeliverable, (ii) Sponsor is unable to contact a potential winner within five (5) days of the first attempt to contact him or her, (iii) a potential winner fails to provide his or her contact information within seven (7) calendar days after notification by Sponsor or fails to return an Affidavit of Eligibility, Liability Release and Publicity Release and/or an IRS W-9 Form within the time specified above, (iv) a potential winner is determined by Sponsor, in its sole discretion, to be ineligible, (v) a potential winner declines the prize, or (vi) a potential winner is otherwise not in compliance with these Official Rules. Sponsor is not responsible for any delay in awarding any prize.
Winner’s entry and acceptance of the prize constitutes permission (except where prohibited) for Sponsor and its designees to use, at Sponsor’s sole discretion, the winner’s name, photograph, likeness, statements, biographical information, voice and address (city and state), for advertising, promotions and other purposes in all forms of media, worldwide in perpetuity, without additional notice, permission or further compensation.
- PRIZES AND APPROXIMATE RETAIL VALUE (“ARV”). One (1) Grand-Prize Winner shall receive a Grand Prize that includes a non-transferrable credit of $40,585 (US) towards the purchase of a Performance Endless Pool as configured below plus the cost of delivery to the closest distribution center (final home delivery, offload, local & state taxes, assembly and installation not included). Total ARV of the Grand Prize is $40,585 as configured below:
- 7’ x 14’ Performance Endless Pool
- 48” water depth
- Aluminum Coping System
- Underwater Treadmill
- Manual Retractable Cover
- Digital swim pace display
- Digital treadmill pace display
- Shipping to the regional distribution center
- (ARV $25,900)
- (ARV $1,350)
- (ARV $1,400)
- (ARV $9,000)
- (ARV $1,395)
- (ARV $295)
- (ARV $295)
- (ARV $950)
One (1) Second-Place Winner shall receive a gift card valued at $1000.00 (US) and good only at SwimOutlet.com. One (1) Third-Place Winner shall receive a gift card valued at $500.00 (US) and good only at SwimOutlet.com. One (1) Fourth-Place Winner shall receive the swimsuit of the Winner’s choice from SwimOutlet.com (however the retail value of the chosen swimsuit may not exceed $200.00 (US)), plus free standard shipping to any U.S. address.
The aggregate total ARV for all prizes is $42,285 (US).
Each prize is nontransferable and non-refundable and must be accepted as awarded. All applicable taxes (including federal, state, and local income taxes for U.S. winners), duties, and the like, if any, are the sole responsibility of the prize winner. No cash substitution, assignment, redemption for cash, or transfer of prize by winner is permitted; however, Sponsor reserves the right, in its sole and absolute discretion, to substitute any prize described herein, or any portion thereof, with an alternative of equal or greater value. Winner shall not be entitled to the difference between the stated prize ARV and the actual price or value of the prize or product selected.
- GENERAL CONDITIONS. In the event of a dispute as to the identity of an online entrant, the authorized account holder of the email address used to enter will be deemed to be the entrant, but only if such person meets all other eligibility criteria. “Authorized account holder” of an email address is defined as the natural person who is assigned to an email address by an internet access service provider, on-line service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.
Sponsor reserves the right at its sole discretion to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of this Promotion; violates the Official Rules; acts in an unsportsmanlike or disruptive manner; or acts with intent to annoy, abuse, threaten or harass any other person; or who Sponsor suspects has engaged in any of the foregoing. Sponsor reserves the right to cancel, terminate or modify this Promotion if it cannot be completed as planned for any reason, including without limitation for infection by computer virus, bugs, tampering, unauthorized intervention, technical failures, corruption of any sort or any other matter beyond Sponsor’s control. In such event, Sponsor will award the prizes from among all eligible entries received prior to cancellation.
- RELEASE & LIMITATION OF LIABILITY. As a condition of entering this Promotion, each entrant agrees, and as a condition of being awarded a prize, each winner agrees, to the maximum extent permitted by law, to release, indemnify and hold harmless Sponsor and Masco Corporation, their respective subsidiaries or affiliate companies, their advertising, marketing or promotional agencies and each such company’s respective officers, employees, directors, representatives and agents and all others associated with the development and execution of this Promotion (individually and collectively, the “Released Parties”), from and against any and all liabilities, claims, actions, lawsuits, judgments, costs and expenses, damages of any kind whatsoever, injuries, or losses to persons or property arising from or relating to, in whole or in part, this Promotion, submitting an entry or otherwise participating in any aspect of this Promotion, the receipt, ownership, possession, use or misuse of any prize awarded, or any actual or alleged breach by entrant of these Official Rules.
- LIMITATION OF LIABILITY. Entrants acknowledge that the Released Parties have not made and are not in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to the prize, including, but not limited to, its quality or fitness for a particular purpose. The Released Parties are not responsible for: (a) lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet Service Providers, websites, or other connection, availability or accessibility problems arising in connection with or over the course of this Promotion; (b) failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions or hardware, software or technical malfunctions, failures or difficulties; (c) errors of any kind relating to or in connection with this Promotion, whether human, mechanical, clerical, electronic, or technical in nature, including, but not limited to, errors which may occur in connection with the administration of this Promotion, the processing of entries, the announcement or notification of any winner or prize or the cancellation of this Promotion; (d) damage to a user's system occasioned by participation in this Promotion or downloading any information necessary to participate in this Promotion; (e) incomplete, illegible, misdirected, damaged or lost entries; or (f) failed, incorrect, inaccurate, incomplete, garbled or delayed electronic communications, whether caused by the sender, by any of the equipment or programming associated with or utilized in this Promotion. If the Endless Pools Facebook Page or Endless Pools Website goes down for any reason or if Sponsor is unable to accept entries, Released Parties are not responsible, but Sponsor will make a good faith effort to remedy the problem as quickly as possible or Sponsor may terminate this Promotion. By entering this Promotion, you waive (to the maximum extent permitted by law) the right to claim any punitive, consequential, incidental, special, exemplary, or indirect damages of any kind and any and all rights to have damages multiplied or otherwise increased.
- DISPUTE RESOLUTION. If there is any conflict between any promotional material and these Official Rules, the provisions of these Official rules shall prevail. The resolution of any dispute shall be within Sponsor’s sole discretion. As a condition of entering this Promotion, except as prohibited by law, you agree that: (a) all causes of action arising out of or connected with this Promotion, or any prize awarded, shall be resolved individually, without resort to any form of class action; and (b) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorneys’ fees or court costs. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, your rights and obligations, or the rights and obligations of Sponsor in connection with this Promotion, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.
- WINNERS’ LIST. For the names of the winners, available approximately two weeks after the end of the Promotion, send a self-addressed, stamped envelope to Endless Pools, 2017 Endless Pools Sweepstakes, 1601 Dutton Mill Road, Aston, PA 19014.
- SPONSOR. The Sponsor of this Promotion is Wellness Marketing Corporation d/b/a Endless Pools, 1601 Dutton Mill Road, Aston, PA 19014.
By entering this Promotion, each participant acknowledges that this Promotion is in no way sponsored, endorsed or administered by, or associated with Facebook. Participants agree to release Facebook from all liability related to this Promotion. Participants understand that they are providing their own information to Wellness Marketing Corporation and not to Facebook.
©2017 Wellness Marketing Corporation. All rights reserved.