“Return My Phone” Sweepstakes OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT IMPROVE YOUR CHANCES OF WINNING.
ELIGIBILITY: Sweepstakes begins at 12:01 a.m., Eastern Time (“ET”), June 1, 2014 and ends at 11:59 p.m., ET, December 31, 2014. The “Return My Phone” Sweepstakes (the “Sweepstakes”) is open and offered only to legal residents US resident of the 50 United States and the District of Columbia, who are the age of majority in his/her state of residence at the time of entry. Employees, directors and officers and their immediate families (spouses and siblings, parents and children and their spouses) and household members of ProtectCELL, Fortegra Financial and their respective subsidiaries and affiliates, distributors, and companies involved in the implementation and execution of the Sweepstakes (collectively the "Sweepstakes Entities") are not eligible. Not available to residents of Florida, New York or Puerto Rico. Void where prohibited.
SPONSOR/ADMINISTRATOR: The Promotion is sponsored and administered by Digital Leash, LLC, d/b/a ProtectCELL, 39500 High Pointe Blvd. Suite 250, Novi, MI 48375 (the “Sponsor” and the “Administrator”)
AGREEMENT TO OFFICIAL RULES: By participating, those who enter the Promotion (“Entrants”) agree to abide by and be bound by these Official Rules and the decisions of the Sponsor, which are final and binding in all matters relating to the Sweepstakes. Winning a Prize is contingent upon fulfilling all requirements set forth herein. The Sponsor’s database clock is the official time-keeping device for the Promotion.
TWO WAYS TO ENTER:
1). Current Customers: During the Promotional Period, eligible Entrants must have had a request or claim fulfilled by ProtectCELL to participate in the Sweepstakes. Each eligible Entrant will receive an email and/or flyer asking them to return their damaged device. The email/flyer will also point out that the Entrant can receive one (1) entry into the Sweepstakes by sending in their damaged device within fourteen (14) days of receipt of replacement device. All device passcodes must be removed and iPhone users must deactivate the “Find My iPhone” feature.
2). Alternative Method of Entry: You may also enter the Sweepstakes by hand printing your name, address, city, state, zip code, phone number and e-mail address (if applicable), on a 3 1/2" x 5 1/2" card and mailing the same to: ProtectCELL “Return My Phone” Sweepstakes, 39500 High Pointe Blvd. Suite 250, Novi, MI 48375. All mail-in entries must be received by the final day of each week or month in order to be included in such month’s drawing. Mail entries must be postmarked by the last day of the applicable month and must be received by the 4th day of the following month to be included in the applicable Monthly Sweepstakes. Limit one (1) entry per person regardless of the method of entry will be allowed.
GENERAL CONDITIONS: If for any reason the operation or administration of this Sweepstakes is impaired or incapable of running as planned for any reason, including but not limited to (a) infection by computer virus, bugs, (b) tampering, unauthorized intervention, (c) fraud, (d) technical failures, or (e) any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, the Sponsor reserves the right at its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Sweepstakes in whole or in part, at any time, without notice and award the Grand Prize using all non-suspect eligible entries received as of, or after (if applicable) this cancellation, termination, modification or suspension date, or in any manner that is fair and equitable and best conforms to the spirit of these Official Rules. Sponsor reserves the right, at its sole discretion, to disqualify any individual deemed to be (a) tampering or attempting to tamper with the entry process or the operation of the Sweepstakes or Sponsor’s Website; or (b) acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON (S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. Failure by the Sponsor to enforce any provision of these Official Rules shall not constitute a waiver of that provision. In the event of a dispute as to the identity of a winner based on an e-mail address, the winning entry will be declared by the authorized account holder of the e-mail address submitted at time of entry. "Authorized account holder" is defined as the natural person who is assigned to an e-mail address by an Internet access provider, on-line service provider or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.
RELEASE AND LIMITATIONS OF LIABILITY: By participating in the Sweepstakes, Entrants agree to release and hold harmless the Sponsor, the Administrator, and their respective parents, employees, officers, directors, subsidiaries, affiliates, distributors, sales representatives, advertising and promotional agencies (collectively, the “Released Parties”) from and against any and all claims or causes of action arising out of participation in the Sweepstakes or receipt or use of any prize, including, but not limited to: (a) any technical errors that may prevent an Entrant from submitting an entry; (b) unauthorized human intervention in the Sweepstakes; (c) printing errors; (d) errors in the administration of the Sweepstakes or the processing of entries; or (e) injury, death, or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Sweepstakes or receipt of any prize. Released Parties assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. Released Parties are not responsible for any problems or technical malfunction of any telephone network or telephone lines, computer online systems, servers, or providers, computer equipment, software, failure of any e-mail or entry to be received by Sponsor on account of technical problems, human error or traffic congestion on the Internet or at any Website, or any combination thereof, including any injury or damage to the Entrant’s or any other person’s computer relating to or resulting from participation in this Sweepstakes or downloading any materials in this Sweepstakes. Entrant further agrees that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Sweepstakes, and in no event shall the Released Parties be liable for attorney’s fees, court or enforcement costs. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
DRAWING AND NOTIFICATION: One (1) Weekly Prize Winner will be selected, from among all eligible entries received (in accordance with these Official Rules) during an applicable week, in a random drawing by ProtectCELL (the “Administrator”). Weekly drawings will be conducted on the Tuesday following each applicable week. Odds of winning will depend on the total number of eligible entries received from both methods of entry received during each week. Winner will receive prize by mail, or other home delivery service of Sponsor’s choice. One (1) Monthly Grand Prize Winner will be selected, from among all eligible entries received (in accordance with these Official Rules) during an applicable week, in a random drawing by ProtectCELL (the “Administrator”). Monthly drawings will be conducted on or about July 5, August 5, September 5, October 5, November 5, December 5, 2014 and January 5, 2015. Odds of winning will depend on the total number of eligible entries received from both methods of entry received during each month. Winner will receive prize by mail, or other home delivery service of Sponsor’s choice.
SWEEPSTAKES PRIZES: There will be a total of seven (7) Monthly Grand Prize Winners. Each Monthly Grand Prize winner will receive $500 in their choice of AMEX, Google Play or iTunes gift cards. Prize has an approximate retail value of (“ARV”) $500.00. The Sponsor reserves the right at its sole discretion to substitute any prize package with another prize of equal or greater value. There will be a total of thirty-one (31) Weekly Prize Winners. Each Weekly Prize winner will receive $200 in their choice of AMEX, Google Play or iTunes gift cards. Prize has an approximate retail value of (“ARV”) $200.00. The Sponsor reserves the right at its sole discretion to substitute any prize package with another prize of equal or greater value.
ADDITIONAL PRIZE CONDITIONS: All local, state and federal taxes are the sole responsibility of the Prize Winners. If a prize or prize notification is returned as unclaimed or undeliverable to a potential winner, if potential winner cannot be reached within three (3) calendar days from the first notification attempt, if potential winner fails to return requisite document within the specified time period, or if a potential winner is not in compliance with these Official Rules, then such person shall be disqualified and an alternate winner may be selected for the prize at issue. The prize will only awarded to a verified winner. The winner’s entry and acceptance of the prize constitutes permission (except where prohibited) for the Sponsor to use said winner’s name, photograph, likeness, statements, biographical information, voice and address (city and state), in all forms of media, in perpetuity, without notice or further compensation. All winners are limited to one (1) prize during the twelve (12) month calendar year.
GENERAL: By accepting a Prize, where permitted by law, the Prize Winners grant to the Released Parties and those acting pursuant to the authority of Sponsor and the Released Parties (which grant will be confirmed in writing upon Sponsor’s request), the right to print, publish, broadcast and use worldwide IN ALL MEDIA without limitation at any time a Prize Winner’s full name, portrait, picture, voice, likeness and/or biographical information for advertising, trade and promotional purposes without further payment or additional consideration, and without review, approval or notification. IN NO EVENT WILL RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND (INCLUDING WITHOUT LIMITATION, LOSS PROFIT, CLAIMS OF THIRD PARTIES, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES) ARISING OUT OF PARTICIPATION IN THIS SWEEPSTAKES OR THE ACCEPTANCE, POSSESSION, USE, OR MISUSE OF, OR ANY HARM RESULTING FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF THE PRIZES. By participating, entrants release and agree to hold harmless the Released Parties from any and all liability for any injuries, death or losses or damages to persons or property AS WELL AS CLAIMS/ACTIONS BASED ON PUBLICITY RIGHTS, DEFAMATION, AND/OR INVASION OF PRIVACY that may arise from participating in this Sweepstakes or its related activities or the acceptance, possession, use or misuse of, or any harm resulting from the acceptance, possession, use or misuse of the Prize(s). The Prize Winners also acknowledges that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to the Prize.
DISPUTES: By entering the Sweepstakes, Entrants agree that 1.) Any and all disputes, claims, and causes of action arising out of or connected with the Sweepstakes, or any prizes awarded, shall be resolved individually, without resort to any form of class action; 2.) Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes but in no event attorneys' fees; and 3.) Under no circumstances will any entrant be permitted to obtain any award for, and entrant hereby waives all rights to claim, punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrants and Sponsor or the Released Parties in connection with the Sweepstakes, shall be governed by, and construed in accordance with Michigan law. Any legal proceedings arising out of this Sweepstakes or relating to these Official Rules shall be instituted only in the federal or state courts of Michigan, and the parties consent to jurisdiction therein with respect to any legal proceedings or disputes of whatever nature arising under or relating to these Official Rules. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. The value of the prizes set forth above represents Sponsor’s good faith determinations of the ARV thereof and such determinations are final and binding and cannot be appealed. If the actual value of any prize turns out to be less than the stated ARV, the difference will not be awarded in cash.
WINNERS LIST REQUEST: To request confirmation of the names, cities, and states of residence of the Prize Winners, please send a self-addressed, stamped business size envelope, by February 15, 2015, to: ProtectCELL “Return My Phone” Sweepstakes Winners List Request, 39500 High Pointe Blvd. Suite 250, Novi, MI 48375.