1.ELIGIBILITY. Unitron Hearing US, a division of Sonova, “Company” or “Sponsor”, “Unitron US Moxi Fit R Spa Gift Basket Contest” (the “Contest”) is only open to Unitron customers who, as of the start of the Entry Period (as defined below), are legal residents of the fifty (50) United States or the District of Columbia who have reached the age of majority in entrants home state. Sonova employees are not eligible. The Contest is void outside the fifty (50) United States and the District of Columbia, and where prohibited or restricted by law. The Contest, and any website pages and advertisements relating thereto, is intended for viewing only within the fifty (50) United States, and entrants must be present in the eligible Contest territory at the time they enter.
2.TIMING. The Contest entry period begins at 12:00 a.m.. Central Standard Time (“CST”) on 04/03/2017 and ends 5:00 p.m. CST 04/21/2017 (the “Entry Period”). Sponsor’s computer is the official timekeeping device for the Contest.
3.HOW TO ENTER. Enter the Contest by filling out the entry form at www.prettychargedup.com. Limit 1 entry per person and per shipping address on www.prettychargeup.com. (In addition, bonus entries are allowed when contest is shared via social media and someone else enters based on the share.) All entries must be received by Sponsor during the Entry Period. Use of any automated system to participate is prohibited and will result in disqualification. Sponsor is not responsible for lost, late, incomplete, invalid, void, unintelligible or misdirected entries, which will be disqualified. All entries become the exclusive property of Sponsor and none will be acknowledged or returned. Proof of submission will not be deemed proof of receipt of entry by Sponsor. All entrants and entries subject to verification prior to the awarding of a prize, as are the eligibility, age and other claims of/information provided by a potential prize winner.
4.AGREEMENT TO OFFICIAL RULES AND DECISIONS. By participating in the Contest, each entrant fully and unconditionally agrees to be bound by and accepts these Official Rules and the decisions of Sponsor (including, without limitation, decisions regarding eligibility of entries, the selection of entrants and the winner, and the awarding of the prize), which are final and binding in all respects.
5.DRAWING; ODDS; NOTIFICATION. On or about April 24, 2017, Sponsor will randomly select three (3) potential prize winners for the Moxi Fit R Spa Basket Contest from among all eligible entries received by Sponsor. Odds of winning a prize depend on the number of eligible entries received by Sponsor in the Contest. The entrant selected must comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. The potential winner will be automatically shipped the Gift Basket prize based on the shipping information provided by contestant in the entry form. If any prize or prize notification is returned as undeliverable, or if the potential winner is found to be ineligible, or if the potential winner does not comply with the Official Rules, then the potential winner may be disqualified and an alternate winner selected by Sponsor in its sole discretion in his/her place at random from among all eligible non-winning entries received by Sponsor for the Contest. In such event, an alternate potential prize winner will be notified as described provided, however, Sponsor may alter the above timing to meet its Contest. PRIZE. Subject to the terms and conditions of these Official Rules, three (3) total spa basket prizes will be awarded in this Contest. The approximate retail value (“ARV”) of each of the prizes is one hundred and fifty dollars ($150). A prize consists of and is limited to one (1) one hundred and fifty dollar ($150) spa basket. Prize must be accepted as awarded, and prize is awarded “AS IS” with no warranty, representation or guarantee, express or implied, in fact or in law, made by Sponsor or for which Sponsor shall be liable, including, without limitation, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. No substitution, assignment or transfer of a prize is permitted, except by Sponsor, who reserves the right to substitute a prize with another prize of greater or equal value, including cash. Winner is solely responsible for any and all costs, fees, taxes and expenses associated with prize award, receipt and use, including, without limitation, all federal, state and local taxes on the prize. Text and data fees may apply where or when applicable. If applicable, prize winner will be issued an IRS Form 1099 for the retail value of the prize. If potential winner does not wish to accept the prize, they may ship back to Unitron at their own expense. All details of the prize not set forth herein will be determined by Sponsor in its sole discretion.
6.PUBLICITY. Except where prohibited by law, participation in the Contest constitutes winner’s consent to Sponsor’s (and its designees’, successors’ and assigns’) use of winner’s name, biography, likeness, voice, photographs, video, opinions, statements, hometown, state and country for promotional purposes in any manner or media (including, without limitation, online), worldwide, in perpetuity, and without further payment, consideration, notice, review or consent.
7.GENERAL CONDITIONS. Sponsor reserves the right, in its sole discretion, to terminate, modify or suspend the Contest if, in Sponsor’s opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Contest, or if viruses, bugs, unauthorized intervention, fraud, technical difficulties or failures or any other factor beyond Sponsor’s reasonable control corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest. In such event, Sponsor reserves the right (but does not have the obligation) in its sole discretion to award the prize at random from among eligible, non-suspect entries received up to the time of suspected 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 Contest or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner, including but not limited to, the buying of votes. Any attempt by any person to deliberately damage any website or undermine the legitimate operation of this Contest is a violation of criminal and civil laws, and, should such an attempt be made, Sponsor reserves the right to seek damages and other remedies 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 that provision or any other provision of these Official Rules.
8.RELEASE. By entering, each entrant forever, fully and irrevocably releases and holds harmless Sponsor and its parents, subsidiaries and affiliates, and their respective agents, advertising and promotion agencies, affiliates, Contest partners and prize suppliers, Twitter and Facebook, and all of their respective employees, officers, directors, shareholders and agents from and against all claims, damages or liabilities arising in whole or in part, directly or indirectly, from entrant’s participation and/or entry in the Contest and/or entrant’s award, receipt or use of any prize awarded in the Contest.
9.LIMITATIONS OF LIABILITY. Sponsor is not responsible for: (a) incorrect or inaccurate transcription of entry information or late, lost, stolen, unintelligible, illegible, damaged, mutilated, altered, incomplete or misdirected entries or entries received through impermissible or illegitimate channels, all of which will be disqualified; (b) technical failures of any kind, including but not limited to the malfunctioning of any telephone, computer online systems, computer equipment, website, server provider, network, hardware or software; (c) the unavailability or inaccessibility of any website or service; (d) unauthorized intervention in any part of the entry process or the Contest; (e) printing, typographical, electronic or human errors, which may occur in the offer or administration of the Contest or the processing of entries; or (f) any injury or damage to persons or property, including but not limited to entrant’s computer, which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Contest, or from viewing, playing or downloading any material from Sponsor’s website(s), regardless of whether the material was prepared by Sponsor or a third party, and regardless of whether the material is connected to Sponsor’s websites by a hypertext link.
10.DISPUTES. Entrant agrees that: (a) any and all disputes, claims and causes of action arising out of or connected with this Contest, or any prizes awarded shall be resolved individually, without resort to any form of class action, and solely and exclusively in a federal or state court located in Hennepin County, Minneapolis, Minnesota; entrant submits to sole and exclusive personal jurisdiction to said courts in the State of Minnesota for any such dispute and irrevocably waives any and all rights to object to such jurisdiction; (b) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest but in no event attorneys’ fees; and (c) under no circumstances will entrant be permitted to obtain awards for and entrant 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. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant or Sponsor in connection with the Contest shall be governed by, and construed in accordance with, the laws of the State of Minnesota, without giving effect to any choice of law or conflict of law rules of provisions (whether of the State of Minnesota, the United States, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Minnesota.
11.OFFICIAL RULES. These Official Rules are available at www.prettychargedup.com or by sending a self-addressed postage-stamped envelope to “Unitron US Moxi Fit R Spa Gift Basket Contest” –Rules Request.” c/o Unitron US, 14755 27th Ave N. Plymouth, MN 55447. WINNERS LIST. To request a list of winners, send a self-addressed postage-stamped envelope to “Unitron US Moxi Fit R Spa Gift Basket Contest]” – “Unitron US Moxi Fit R Spa Gift Basket Contest List Request,” c/o Unitron US, 14755 27th Ave N, Minneapolis, MN 55447. Requests must be received by March May 1, 2017. SPONSOR. The sponsor of the Contest and the address at which the Sponsor may be contacted is Unitron US, 14755 27th Ave N, Minneapolis, MN 55447. The Contest is in no way sponsored, endorsed or administered by, or associated with, Facebook.