All contests or sweepstakes held by CPS Products, Inc. are subject to the following official rules.
OFFICIAL RULES
1 WINNER WILL BE CHOSEN. NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED.
- Sponsor
The Sponsor of the contest or sweepstake (the “Promotion”) is CPS Products, Inc., 3600 Enterprise Way, Miramar, Florida 33025, USA(“Sponsor”). Additional information is available at www.cpsproducts.com.
- Timing
All entries must be submitted within the time period (“Submission Period”) identified in the promotion announcement. The Sponsor’s promotion administrator’s computer is the official timekeeping device for the Promotion.
- Eligibility
The Promotion is open only to entrants who are 18 years of age or older at time of entry and a legal resident of the United States or Canada, excluding:
- Residents of Florida and New York, if the value of the prizes is greater than $4,999
- Residents of Rhode Island, if the value of the prizes is greater than $699
- U.S. territories outside the U.S.
- Locations where prohibited by law
Directors, officers, employees, and direct contractors of Sponsor and its subsidiaries, affiliates, or advertising or promotional agencies, and members of their immediate families (spouse, parents, siblings and children), are not eligible. The Promotion is subject to all applicable federal, state and local laws and regulations. Canadian residents must correctly answer a time-limited mathematical skill-testing question before being declared the winner. Prize recipients are responsible for ensuring compliance with any employer policies regarding acceptance of promotional items or tools. Participation constitutes the entrant’s full and unconditional agreement to these Official Rules and CPS Products’ decisions, which are final and binding in all matters related to the Promotion. Winning a prize is contingent upon fulfilling all requirements set forth herein and in the promotion announcement.
- Submissions
Once submitted, an entry cannot be deleted, canceled or modified. No correspondence will be made regarding receipt of entries. All entries submitted become the sole property of Sponsor and will not be returned. No entries may be submitted by facsimile. The winner may be required to show proof of identification.
- Entry Requirements
Entries may not contain, as determined by the Sponsor in its sole discretion, any content that:
- Contains any identifiable names, logos, trademarks or markings of any third party
- Contains copyrighted materials owned by others (including photographs, sculptures, paintings and other works of art or images published on or in websites, television, movies or other media)
- Is inappropriate, offensive or obscene
- Communicates messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate
- Violates any law
All entries and the content thereof must be the original work of entrant (“Entry IP”) and must not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity. Sponsor reserves the right to disqualify any entry for any reason, in its sole and absolute discretion, including its determination that any entry fails to satisfy any of the above requirements.
- Alternate Method of Entry
Participation in the Promotion is voluntary and does not require eligible participants to purchase anything from the Sponsor.
- Selectionof Winner
The winner will be selected at random by the Sponsor within 48 hours after the end of the Submission Period.
- Verification of Potential Winner
To win a prize, the potential winner must continue to comply with all terms and conditions of these Official Rules. The potential winner will be notified by telephone, mail, email or other electronic form, at Sponsor’s discretion, within approximately three (3) business days following selection of the winner. In order to claim a prize, the potential winner must respond to Sponsor’s notification within 48 hours. The potential winner may be required, at the request of Sponsor, to sign and return to Sponsor an Affidavit of Eligibility/Liability & Publicity Release (“Affirmation”) within forty-eight (48) hours of the date notice or attempted notice is sent. If a potential winner cannot be contacted, fails to respond to the Sponsor’s notification within the specified time period, or fails to sign and return the Affirmation (if required), within the specified time period, the potential winner is disqualified and forfeits the prize. In the event that a potential winner is disqualified for any reason, Sponsor may award the applicable prize to an alternate potential winner.
- Prizes
The prize(s) and the approximate retail value(s) (ARV) are identified in the promotion announcement. The winner will be solely responsible for all applicable federal, state, local and other tax liabilities and all other fees and expenses associated with receipt and use of the prize. Any prize valued at $600 or more will require the Sponsor to issue a 1099 tax form to the winner, as required by U.S. law.
- Limitations of Prizes
No transfer, substitution or cash equivalent for a prize is allowed, except at Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize of equal or greater monetary value if a prize cannot be awarded as described for any reason. Actual prize may differ from promotion images. All prizes are awarded AS IS. Sponsor has not made and is not responsible for any warranties, representations, or guarantees, express or implied, in fact or law, relating to the prize, including, without limitation, their quality, mechanical condition, merchantability, or fitness for a particular purpose.
- Privacy
Except where prohibited by law, participation in the Promotion and/or acceptance of a prize constitutes permission for the Sponsor to use the entrant and/or winner’s name, photograph, likeness, statement, biographical information, voice and address (city and state) on a worldwide basis and in all forms of media, in perpetuity and without further compensation in connection with the Promotion and for other marketing and promotional purposes. Entry in the Promotion constitutes consent to the transfer of the personal information collected from the entrant to the Promotion for the purposes of administering the Promotion and for such other purposes to which entrant may consent as outlined herein or in the promotion announcement. By entering the Promotion, entrant also authorizes Sponsor to provide entrant’s personal information to third-party fulfillment companies so that such companies may process and deliver the prize to the winner.
- Conditions of Participation
Sponsor is not responsible for lost, late, illegible, stolen, incomplete, invalid, unintelligible, misdirected, technically corrupted or garbled entries, which will be disqualified, or for problems of any kind whether mechanical, human or electronic. Proof of submission will not be deemed to be proof of receipt by Sponsor. Sponsor reserves the right to cancel, suspend and/or modify the Promotion, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Promotion, as determined by Sponsor in its sole discretion. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the promotion announcement, entry process or the operation of the Promotion or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
By entering the Promotion, entrant: (i) warrants that entrant owns all right and interest in the Entry IP and that the Entry IP does not infringe upon any intellectual property rights of any third party or violate any applicable laws; and (ii) assigns to Sponsor all right, title and interest in and to the Entry IP.
- Release and Limitation of Liability
As a condition of entering the Promotion, entrants agree to release and hold harmless Sponsor, Promotion administrator, Facebook, Instagram (if involved in the Promotion) and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of: (i) participation in the Promotion or Promotion-related activity; (ii) receipt, use or misuse of any prize; and (iii) any claims based on publicity rights, defamation or invasion of privacy and merchandise delivery.
Further, the Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Promotion; (2) technical failures of any kind, including but not limited to malfunctions, interruptions, traffic congestion or disconnections in phone or internet lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Promotion; (4) technical or human error which may occur in the administration of the Promotion or the processing of entries; or (5) any injury or damage to entrant’s or any other person’s computer related to or resulting from participation or downloading any materials in the Promotion.
Entrants and winners further understand and agree that all rights under Section 1542 of the Civil Code of California and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived. Entrants acknowledge that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
- Disputes
Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with the Promotion or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by a court of competent jurisdiction in Broward County, Florida; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Promotion, but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses.
All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules shall be governed by, and construed in accordance with, the laws of the State of Florida without giving effect to any choice of law or conflict of law rules, which would cause the application of the laws of any jurisdiction other than the State of Florida. This Promotion is subject to all applicable laws. Void where prohibited.
- Rules and Winner’s List
To receive winner information or an additional copy of these Official Rules, send a self-addressed, stamped envelope to: CPS Products, Inc., 3600 Enterprise Way, Miramar, FL 33025 USA. Please specify the name of the Promotion and “Official Rules” or “Winner Information.” Vermont residents may omit return postage if requesting Rules.