“PODS Big Move”
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There is a limit of 50 entries per Entrant for the entire Sweepstakes Period regardless of the method of entry. Any attempt by an Entrant to obtain more than the stated number of entries, and/or any other methods will void that Entrant’s entry and that Entrant may be disqualified from the Sweepstakes. In the event of a dispute regarding the identity of the person submitting an entry the entry will be deemed submitted by the person who was named on the initial entry, the rental reservation (Rental entry) or the name of the person listed on the 3x5 card (Mail-in entry) (the “Authorized Account Holder”). Potential prize winners (as defined in the “PRIZES” section in these Official Rules) may be required to show proof of being the Authorized Account Holder. Sweepstakes Entities assume no responsibility or liability for any error, omission, interruption, deletion, theft or destruction or unauthorized access to, or alternation of entries. Sweepstakes Entities shall not be responsible for incorrect or inaccurate entry information. No copies, facsimiles or mechanically or programmatically reproduced entries are permitted. Sponsor will not confirm receipt of entries for Entrants. All entries submitted become the sole property of Sponsor and will not be returned. WINNING/ODDS: On or about September 11, 2023, one (1) Grand Prize Winner, one (1) First Prize Winner and one (1) Second Prize Winner will be selected in a random drawing conducted under the supervision of the Independent Administrator, whose decisions are based on their sole discretion and interpretation of these Official Rules and are final and binding in all respects. Odds of winning an overall prize depends upon the total number of non-winning eligible entries received during the Sweepstakes Period.
PRIZES: Total ARV of all prizes to be awarded is $81,029. PRIZE RESTRICTIONS: Limit of one (1) prize per Entrant for the Sweepstakes. Any of Sponsor’s services rendered in the prizes will be subject to the terms and conditions of the Sponsor’s standard service agreement. Sponsor’s voucher is limited to only one order with Sponsor and the entire amount of the Voucher must be applied as part of that order. Sponsor’s voucher may only be applied for services within Sponsor’s serviceable areas, expires on August 1, 2024, and does not include any moving supplies, pads, or other packing materials. Third party services, to include packing and loading services and car shipping services, even if referred by Sponsor to prize winner, are also excluded from Sponsor’s voucher. A voucher awarded for any Viking products is subject to the following conditions: (i) winner of grand prize must choose five different appliances, (ii) installation of any appliance not included, (iii) products will be shipped to winner’s location, and (iv) voucher expires December 31, 2023. Each prize winner is required to comply with any and all applicable federal, state and local laws, rules and regulations including, but not limited to licensing and insurance requirements. The value of the prizes are taxable as income. No substitution will be provided for a prize, except at Sponsor’s sole discretion. Sponsor will not replace a lost, mutilated or stolen prize. Sponsor reserves the right to substitute a prize with a prize of comparable or greater value if a prize should become unavailable for any reason. Prizes are not transferable prior to award. Prize consists only of the items specifically listed as part of the prize description. No more than the stated number of prizes set forth in these Official Rules will be awarded. Names of prize manufacturers are used solely for the purpose of identification of the prize. PRIZE CLAIM/NOTIFICATION: Each potential prize winner will be notified by the Independent Administrator within three (3) business days of the random drawing (the “Notification”). Notifications will be sent via email or any other contact source provided at the time of entry. Upon Notification, except where prohibited by law, potential prize winner must sign and return to Independent Administrator within three (3) business days of receipt, an Affidavit of Eligibility & Liability/Publicity Release (the “Release”) and an IRS Form W-9 in order to claim his/her prize (collectively, the “Required Documents”). If the potential prize winner fails to return the Required Documents within three (3) business days of receiving it, he/she forfeits his/her right to the prize and another prize winner will be selected at random from among the remaining non-winning eligible entries received during the Sweepstakes Period. If the prize winner fails to return the Required Documents within the date and time indicated, he/she forfeits his/her right to the prize and an alternate prize winner will be selected at random from among the remaining eligible entries received during the Sweepstakes Period. If it is determined by the Sponsor, in its sole discretion, that the prize winner is not eligible in accordance with these Official Rules, he/she forfeits his/her right to the prize and an alternate will be selected as outlined above. In the event that the prize winner is disqualified for any reason, Sponsor shall have no liability or obligation to such individual. At the end of the tax year for which the prize is awarded, prize winner will be issued a Form 1099 equivalent to the retail value of the prize, for income verification and tax purposes. Prize winner must report income to the IRS. In the event it is deemed during the verification process that a potential prize winner does not have a unique, personal and valid social security number for Sponsor to report the tax liability associated with acceptance of the prize, such potential prize winner will be disqualified and another respective prize winner may be selected from among the remaining non-winning eligible entries received during the Sweepstakes Period. Valid social security numbers will be determined by IRS requirements. If it is determined by the Sponsor, in its sole discretion, that a potential prize winner is not eligible in accordance with these Official Rules, such potential prize winner forfeits his/her right to the prize and an alternate may be selected from among the remaining non-winning eligible entries received during the Sweepstakes Period. In the event that a potential prize winner is disqualified for any reason, Sponsor and Independent Administrator shall have no liability or obligation to such individual. Each prize winner consents (and agrees to sign any additional documents required by Sponsor to formalize, effect or perfect such consent, except where prohibited by law) to Sponsor’s use of his/her name, likeness (photograph and/or video), biographical information, and voices in advertising/publicity/trade without compensation, notice or approval; and, prize winner disclaims any ownership rights of such advertising/publicity/trade material (TN residents will not be required to sign a publicity release). GENERAL CONDITIONS: Neither Sponsor nor any of the Sweepstakes Entities are responsible for any entry that is lost, late, misdirected or undeliverable, whether due to system errors, omissions, interruption, deletions, defects, delay in operations or transmissions, theft or destruction or failures, faulty transmissions or other telecommunications malfunctions, entries not received resulting from any hardware or software failures of any kind, lost or unavailable network connections, failed, incomplete or garbled computer or telephone transmissions, typographical or system errors and failures, faulty transmissions, technical malfunctions, or otherwise. Should any portion of the Sweepstakes be, in Sponsor’s sole discretion, compromised by virus, worms, bugs, non-authorized human intervention or other causes which, in the sole discretion of the Sponsor, corrupt or impair the administration, security, fairness or proper play, or submission of entries, Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify or suspend the Sweepstakes and conduct the Sweepstakes in a manner which in its sole discretion is fair, appropriate and consistent with these Official Rules. Notice of such action by Sponsor will be posted to the Website. In such event, Sponsor reserves the right to award the prizes at random from among the eligible entries received up to the time of the impairment. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Sponsor reserves the right to disqualify or reject any incomplete, inaccurate or false entry. ANY ATTEMPT BY ANY PERSON TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAW, AND, SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. SPONSOR’S FAILURE TO ENFORCE ANY TERM OF THESE OFFICIAL RULES SHALL NOT CONSTITUTE A WAIVER OF THESE PROVISIONS. RELEASE: By participating in this Sweepstakes, Entrants agree to release and hold harmless Sponsor and each of its respective officers, directors, trustees, managers, employees, parents, subsidiaries, affiliates, agents, members, shareholders, insurers, servants, divisions, predecessors, successors, representatives, distributors, advertising, promotion, and fulfillment agencies, including the Independent Administrator, consultants and legal advisors, and the Sweepstakes Entities (collectively, the “Released Parties”) from and against any claim or cause of action arising out of participation in the Sweepstakes or receipt, redemption or use of any part of a prize. LIMITATIONS OF LIABILITY: The Released Parties are not responsible for: (a); unauthorized human intervention in any part of the entry process or as it pertains to the Sweepstakes; (b) electronic or human error which may occur in the administration of the Sweepstakes or the processing of entries; (c) any injury or damage to persons or property (including but not limited to Entrant's wireless device, or mobile phone) which may be caused, directly or indirectly, in whole or in part, from Entrant's participation in the Sweepstakes; (d) any printing or typographical errors in any Sweepstakes-related materials (if applicable); (e) stolen, lost, late, misdirected, corrupted, incomplete, or indecipherable entries or the unavailability or inaccessibility of any transmissions, telephone, wireless device carrier networks or Internet Service (as applicable); (f) technical failures of any kind, including but not limited to the malfunctioning of any computer, mobile device, cable, network (including Entrant’s particular wireless device carrier network), hardware or software; (g) Entrant’s inability to connect to his/her particular mobile device carrier network for any reason, including due to poor carrier reception and/or signal strength at any particular location (if applicable); and (h) the unavailability or inaccessibility of any transmissions, telephone, wireless device carrier networks or Internet service. All federal, state and local regulations apply. DISPUTES: Entrant agrees that: (a) any and all disputes, claims, and causes of action arising out of, or connected with, this Sweepstakes (including, without limitation, any alleged violation of these Official Rules, any controversy relating to the arbitrability of any dispute, or any claim that these Official Rules (or any part thereof) are invalid, illegal, or otherwise voidable (or void) shall be resolved individually, without resort to any form of class action, and exclusively by arbitration to be held solely in Clearwater, Florida under the auspices of the American Arbitration Association; (b) any and all claims, judgments, liabilities, and/or awards shall be limited to actual out-of-pocket costs incurred, including costs associated with Entrant’s participation in this Sweepstakes or otherwise accessing this Sweepstakes, and in no event will Entrant be entitled to receive attorneys’ fees or other legal costs; and (c) under no circumstances will you be permitted to obtain awards for, and Entrant hereby waives, all rights to claim, punitive, special, incidental, and/or consequential damages and any other damages, other than out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. Judgment upon the arbitration award may be entered in any court having jurisdiction thereof. This arbitration provision shall be deemed to be self-executing, and in the event that either party fails to appear at any properly noticed arbitration proceeding, an award may be entered against such party notwithstanding said failure to appear. In no event shall Entrant seek or be entitled to rescission, injunctive, or other equitable relief or to enjoin or restrain the operation of this Sweepstakes, exploitation of any advertising or other materials issued in connection therewith, or exploitation of this Sweepstakes or any content or other material used or displayed on this Sweepstakes. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Entrant and Sponsor in connection with the Sweepstakes, 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 (whether of the State of Florida or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Florida. THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING OUT OF OR RELATING TO THIS AGREEMENT WHETHER SOUNDING IN CONTRACT OR TORT AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF. PRIVACY: Information collected from an Entrant is subject to PODS privacy policy, available at https://www.pods.com/privacy-policy and subject to Viking’s privacy policy, available at https://www.vikingrange.com/consumer/category/footer/privacy-policy. WINNER’S LIST/RULES REQUEST: For the name of the prize winners, please submit a self-addressed, stamped envelope for receipt no later than October 11, 2023 to “PODS Big Move”, PO Box 458, Newark, NY 14513. For Official Rules, visit the Website. SPONSOR: PODS Enterprises, LLC, 13535 Feather Sound Drive, Clearwater, FL 33762. |