SWEEPSTAKES OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED. VALID IN THE 48 CONTIGUOUS UNITED STATES AND THE DISTRICT OF COLUMBIA ONLY.
ENTRY IN THIS SWEEPSTAKES CONSTITUTES YOUR ACCEPTANCE OF THESE OFFICIAL RULES.
1. ABOUT THE SWEEPSTAKES: The flourish 100 MPG Stimulus Package Buddy Scooter Giveaway (‘Sweepstakes’) is a Sweepstakes in which participants can enter to win a specially modified Genuine Scooter Company Buddy 125cc scooter (Approximate Retail Value of $6,500.00 USD)
2. SPONSOR: flourish, Inc., located at 1001 Huron Road East, Suite 102, Cleveland, Ohio 44115 is the sponsor of the Sweepstakes (“Sponsor”).
3. PROMOTIONAL TERM: The Sweepstakes begins on April 1, 2011 at 12:01 a.m. Eastern Daylight Time (“EDT”) and ends on April 1, 2012 at 11:59 p.m. EDT (“Term”). Sponsor’s computer shall be the official clock for the Sweepstakes.
4. ELIGIBILITY: To be eligible to enter the Sweepstakes, you must be: (1) a legal resident of and physically located in the 48 contiguous United States or the District of Columbia; and (2) above the age of majority in the state where you reside at the time of entry (“Entrant”). Sweepstakes is void in Alaska, Hawaii, Puerto Rico, U.S. territories and possessions, outside of the U.S., and where prohibited by law. Employees, officers and directors of flourish, Inc., its advertising and promotion agencies, its web masters and web suppliers and persons engaged in the development or administration of the Sweepstakes, and their respective parent companies, affiliates, subsidiaries and/or agencies (collectively, the “Sweepstakes Entities”), and their immediate families (parents, siblings, children, spouses, and life partners of each, regardless of where they live) and members of the households (whether related or not) of such employees, officers and directors are ineligible to participate in this Sweepstakes. Groups, clubs, organization, commercial entities, and businesses cannot participate. Sponsor reserves the right to verify eligibility and to adjudicate on any dispute at any time.
5. HOW TO ENTER: NO PURCHASE NECESSARY TO ENTER OR WIN. To enter the Sweepstakes, visit the Sweepstakes website located at http://www.flourishagency.com/buddy (“Web Site”), complete all required registration fields on the online entry form, including providing your first and last name, address and email address, date of birth, and your answer to the question “(In 50 words or less) What is your the best example of creative ingenuity and resourcefulness in your business or personal life?” [or send a single index card or sheet of paper no larger than 8.5”x11” containing all of the foregoing information to: Contest Entry at 1001 Huron Road East, Suite 102, Cleveland, Ohio 44115 (an “Entry”)].
LIMIT ONE (1) ENTRY PER PERSON. Additional or subsequent Entries will be disqualified. All Entries must be received by 11:59 p.m. (EDT) on April 1, 2011. All Entries become the property of Sponsor and will not be acknowledged or returned. Entries are void if they are in whole or part illegible, incomplete, damaged, altered, counterfeit, obtained through fraud, or late. All Entries will be deemed made by the authorized account holder of the email address submitted at the time of entry, and the potential Grand Prize Winner may be required to show proof of being the authorized account holder for that email address. The “authorized account holder” is the natural person assigned to an email address by an Internet service provider, online service provider, or other organization responsible for assigning email address for the domain.
6. WINNER SELECTION: A winner will be selected by the Sponsor from all eligible entries on or around June 1, 2012 (the “Drawing Date”). Sponsor or its designee will judge and select a winner based on the quality and creativity of the Entry, in Sponsor’s or its designee’s sole discretion. This is a contest of skill. Your chances of winning depend on how well your entry reflects these judging criteria, as compared to the other entries in the contest. All decisions by the Sponsor will be final and binding. All results of the selection are final and binding, subject to these Official Rules. In the event a winning entry is discovered to be invalid for any reason whatsoever or the person who submitted the winning entry fails to comply with these Official Rules prior to delivery of the prize, the prize may be forfeited and awarded to an alternate winner. No more than the advertised number of prizes will be awarded.
7. NOTICE TO WINNER: Attempts to notify the winner will be made using the email address or telephone number provided at entry within one (1) day of the Drawing Date. The Sponsor is not responsible for email, telephone or other communication problems of any kind. If, despite reasonable efforts, a winner does not respond within two (2) days (or such shorter time as exigencies may require) of the first notification attempt, or if the prize or prize notification is returned as unclaimed or undeliverable to such potential winner, such winner will forfeit his or her prize and an alternate winner may be selected by a selection by the Sponsor or its designee from all remaining eligible entries pursuant to Section 6 above.
8. VERIFICATION OF WINNERS: Potential winners and their prize companions may be required to execute an Affidavit of Eligibility, a Liability Release, and (where imposing such condition is legal) a Publicity Release (collectively, “Prize Claim Documents”). The potential winner must return all such required documents within seven (7) days following attempted notification or such potential winner will be deemed to have forfeited the prize and another potential winner will be selected pursuant to Section 7. above. All notification requirements, as well as other requirements within these Official Rules, will be strictly enforced.
9. GRAND PRIZE: One (1) Winner (“Winner”) will receive a Genuine Scooter Company Buddy 125cc scooter, specially modified by Sponsor (“Grand Prize”). The color, patterns, and modifications of the Grand Prize will be determined by the Sponsor in its sole discretion.
The Approximate Retail Value (“ARV”) of the Grand Prize is $6,500.00 USD. Odds of winning the Grand Prize depends on the number of eligible Entries received by Sponsor during the Term of the Sweepstakes.
The Grand Prize will be awarded within approximately 3-10 weeks of receipt by Sponsor of the Prize Claim Documents. The Winner is solely responsible for expenses or liabilities, including, but not limited to: Applicable, destination and handling charges, document fees, state sales tax, state DMV fees, state tire fees, federal, state, and local income taxes, registration, title and license fees, insurance, extended warranties and all other costs incurred in claiming, operating, owning, or registering the vehicle, and all costs associated with any optional accessories ordered by a winner or service contracts not expressly stated as part of the Grand Prize. The Winner must take possession of the Grand Prize from Sponsor no later than thirty (30) days after receiving notice that the Grand Prize is ready to be claimed from Sponsor. Failure of the Winner to take possession within such time will result in disqualification and forfeiture of the Grand Prize, and the selection of an alternate winner pursuant to Section 7.
All taxes, upgrades and any other expenses not specifically identified in these Official Rules as included in the prize are the responsibility of the Winner. No transfer, substitution or cash equivalent for the Grand Prize is allowed, except at Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize, in whole or in part, of equal or greater monetary value if a prize cannot be awarded, in whole or in part, as described for any reason. The value of any prize is subject to market conditions, which can fluctuate and any difference between actual market value and ARV will not be awarded. The Grand Prize may be subject to manufacturer(s) restrictions and/or licenses and may require additional hardware, software, service, or maintenance to use. The Winner shall bear all responsibility for use of the Grand Prize in compliance with the conditions imposed by such manufacturer(s), and any additional costs associated with its use, service, or maintenance.
Sweepstakes Entities have not made and Sweepstakes Entities are not responsible in any manner for any warranties, representations, or guarantees, express or implied, in fact or law, relating to the Grand Prize vehicle, regarding the use, value or enjoyment of the prize, including, without limitation, its quality, mechanical condition, merchantability, or fitness for a particular purpose, with the exception of any standard manufacturer’s warranty that may apply to the Grand Prize vehicle or any components thereto.
At the time the Winner takes possession of the Grand Prize vehicle, he/she may be required to present a valid driver’s license or other acceptable form of identification and any proof of insurance as required by any applicable law, rule, or regulation.
10. PUBLICITY/PRIVACY: Except where prohibited by law, participation in this Sweepstakes and/or acceptance of a prize constitutes permission for Sponsor to use your name, photograph, likeness, statement, biographical information, voice, and address (city and state) on a worldwide basis and in all forms of media now known or hereafter devised, in perpetuity and without further notice, compensation, consideration, review, or consent, and without regard to moral rights in connection with this Sweepstakes. Entry in the Sweepstakes constitutes consent to the transfer of the personal information collected from the Entrant to the Sponsor for the purposes of administering the Sweepstakes and for such other purpose to which entrant may consent as outlined herein or on Sponsor’s web site. By entering the Sweepstakes, you also authorize Sponsor to provide your personal information to third party fulfillment companies (including local dealerships) for the administration of the Sweepstakes and prize fulfillment. All information submitted to the Sponsor as part of this Sweepstakes will be treated in accordance with the Sponsor’s privacy policy. If you wish to opt-out of receiving further communications from Sponsor or have other questions regarding Sponsor’s privacy policy, please contact Sponsor at info@flourishagency.com.
11. GENERAL CONDITIONS: By participating, Entrants agree to be bound by these Official Rules and the decisions of the Sponsor, and waive any right to claim ambiguity in the Sweepstakes or these Official Rules. Winner and all Entrants acknowledge that Sponsor has neither made nor are in any manner responsible for any warranty, representation or guarantee, express or implied, in law or in fact, relative to the prize (and/or any prize components), including but not limited to, quality, merchantability or fitness for the intended purpose. By entering, the Winner and all Entrants also agree to release, discharge, indemnify and hold harmless Sweepstakes Entities and each of their respective officers, directors, employees, agents and representatives, from and against any claims, damages or liability due to any injuries, damages or losses to any person (including death) or property of any kind, resulting in whole or in part, directly or indirectly, from a) acceptance, possession, misuse or use of the Prize or participation in any Sweepstakes-related activity or participation in this Sweepstakes.
Sweepstakes Entities are not responsible for any malfunction of the entire Sweepstakes Web Site or any late, lost, damaged, misdirected, incomplete, illegible, undeliverable, or destroyed Entries due to system errors, failed, incomplete or garbled computer or other telecommunication transmission malfunctions, hardware or software failures of any kind, lost or unavailable network connections, typographical or system/human errors and failures, technical malfunction(s) of any telephone network or lines, cable connections, satellite transmissions, servers or providers, or computer equipment, traffic congestion on the Internet or at the Web Site, or any combination thereof, including other telecommunication, cable, digital or satellite malfunctions which may limit an Entrant’s ability to participate.
If for any reason this Sweepstakes is not capable of running as planned, including, but not limited to, infection by computer virus, bugs, tampering, unauthorized intervention, fraud or any other causes beyond the reasonable control of Sponsor which corrupt or affect the administration, security, fairness, integrity, fulfillment or proper conduct of the Sweepstakes, the Sponsor reserves the right at its sole discretion to terminate, modify or suspend (temporarily or indefinitely) the Sweepstakes for any reason. In such event, Sponsor may select a winner by conducting a selection pursuant to Section 6 hereof from those eligible entries received up to the termination/suspension date. Sponsor may also disqualify or prohibit an entrant from participating or winning a prize in the Sweepstakes if Sponsor, in its sole discretion, determines that such Entrant has violated these Official Rules has threatened or is attempting to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception or other unfair playing practices (including the use of automated quick-entry programs), or intending to annoy, abuse, threaten or harass any other Entrants or Sweepstakes Entities. ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE THE SWEEPSTAKES WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY’S FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
IN NO EVENT WILL SPONSOR, ADMINISTRATOR, THEIR RESPECTIVE PARENTS, AFFILIATES, SUBSIDIARIES AND RELATED COMPANIES, THEIR ADVERTISING OR PROMOTION AGENCIES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE WEBSITE OR DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM THE WEBSITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THIS WEBSITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
12. GOVERNING LAW: This Sweepstakes is subject to all federal, state, municipal, and local laws. Except where prohibited by law, participants agree that: (a) any and all disputes, claims, and causes of action arising out of or connected with these Official Rules or this Sweepstakes (and/or the rights and obligations of Sponsor and/or participant in conjunction therewith) (collectively, “Disputes”) shall be resolved individually, without resort to any form of class action; (b) any and all Disputes shall be resolved exclusively in an action in state or federal court in the State of Ohio, without regard to choice or conflicts of law principles; (c) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering in this Sweepstakes but in no event attorneys’ fees; (d) under no circumstances will participant be permitted to obtain awards for, and participant hereby waives 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; and (E) THEY WAIVE AND HEREBY DO WAIVE THEIR RIGHT TO A TRIAL BY JURY IN ANY SUCH ACTION. This Sweepstakes and Official Rules are governed and interpreted by the laws of the State of Ohio, without regard to conflict or choice of law provisions.
13. WINNERS LIST/OFFICIAL RULES: For an Official Winner List (available thirty (30) days following the Drawing Date), or a copy of these Official Rules, send a self-addressed, stamped envelope to: Winner List, flourish, Inc., 1001 Huron Road East, Suite 102, Cleveland, Ohio 44115. Residents of VT may omit return postage. Requests received more than one (1) year following the Drawing Date will not be honored.
14. DISCLAIMER: The trademark(s) associated with the Grand Prize awarded under this Sweepstakes are registered or unregistered trademarks of their owners, who may not be affiliated or may not have endorsed this Sweepstakes.
