Rules

“Sea Foam Marine PRO Second Chance” Giveaway

OFFICIAL RULES

NO PURCHASE OR PAYMENT OF MONEY IS NECESSARY TO ENTER OR WIN THIS GIVEAWAY. A PURCHASE OR PAYMENT OF MONEY WILL NOT IMPROVE THE CHANCES OF WINNING. 

SPONSOR/ADMINISTRATOR: The Giveaway is sponsored by Sea Foam Sales Company, 510 North Chestnut Street, Chaska, MN 55318 (the “Sponsor”). Sea Foam Sales Company is also the administrator (the “Administrator”) of the Giveaway.

ELIGIBILITY: The Giveaway is open only to legal residents of the 50 United States and the District of Columbia (specifically excluding Guam, Puerto Rico, and all other U.S. and foreign territories and possessions) (the “Eligibility Area”), and are at least eighteen (18) years of age at time of entry (“Entrants”). Employees, officers and representatives of the Sponsor, and their respective parent companies, employees, officers, directors, subsidiaries, affiliates, distributors, sales representatives and advertising and promotional agencies, and the officers, directors, agents, and employees of each of the foregoing, and members of their immediate families (defined as including spouse, biological, adoptive and step-parents, grandparents, siblings, children and grandchildren, and each of their respective spouses, regardless of where they reside) or households (whether related or not) of any of the above (collectively, the “Released Parties”) are NOT eligible to participate in this Giveaway. Non-eligibility or non-compliance with any of these Official Rules will result in disqualification. Void where prohibited or restricted by law. (For the avoidance of doubt, any references in these Rules to Entrants shall also include the Entrant who is deemed the Winner (as defined below)).

AGREEMENT TO OFFICIAL RULES: By participating, 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 Giveaway. Winning the Grand Prize or Second Prizes (as defined below) is contingent upon fulfilling all requirements set forth herein.

HOW TO ENTER: The Giveaway begins at 12:00:01 a.m. Central Time (“CT”) on November 5, 2019 and ends at 11:59:59 p.m. CT on December 5, 2019 (“Giveaway Period”). The Sponsor’s database computer is the official time-keeping device for the Giveaway. Entrants can enter the Giveaway by completing an online registration form available at https://app.viralsweep.com/sweeps/full/9b9f7b-57285&framed=1  (the “Website”). The online registration form will request an Entrant’s full name and email address. Each completed online registration received during the Giveaway Period will account for one (1) valid Giveaway entry. Limit one (1) registration Giveaway entry per Entrant. 

Bonus entries:

-Refer a friend: Entrants also have the opportunity to earn bonus entries via the post-entry refer-a-friend feature. Entrants will be given a unique URL address to share with their friends. For every friend that enters the Giveaway through the unique URL, the original referrer will receive one (1) bonus entry. Maximum of ten (10) referral bonus entries per Entrant.

Total number of possible bonus entries per Entrant: 10. Maximum number of entries per Entrant: 11.

Proof of entry information at the Website is not considered proof of delivery to or receipt by Sponsor of an entry. Entries made by any other individual or any entity, and/or originating at any other website or email address, including, but not limited to, commercial Giveaway subscription notification and/or entering service sites, will be declared invalid and disqualified for this Giveaway. The use of automated entry devices is prohibited and no mechanically reproduced entries are allowed; all such entries are void. Released Parties are not responsible for: late, incomplete, delayed, undelivered, or misdirected entries. All entries become the exclusive property of Sponsor and will not be acknowledged or returned. By entering the Giveaway, Entrants acknowledge their automatic opt-in to the Sponsor’s email database. All subsequent emails from the Sponsor will have an unsubscribe/opt-out option.

GENERAL CONDITIONS: If for any reason the operation or administration of this Giveaway is impaired or incapable of running as planned for any reason, including but not limited to (i) infection by computer virus, bugs, (ii) tampering, unauthorized intervention, (iii) fraud, (iv) technical failures, or (v) any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Giveaway, 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 Giveaway in whole or in part, at any time, without notice and award the Grand Prize or Second Prizes (defined below) 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 tampering or attempting to tamper with the entry process or the operation of the Giveaway or Sponsor’s Website; or 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 GIVEAWAY 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 email address, the winning entry will be declared by the authorized account holder of the email address associated with the registration in question. “Authorized account holder” is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.

RELEASE AND LIMITATIONS OF LIABILITY: By participating in the Giveaway, Entrants agree to release and hold harmless the Released Parties from and against any claim or cause of action arising out of participation in the Giveaway or receipt or use of any Prize, including, but not limited to: (i) any technical errors that may prevent an Entrant from submitting an entry; (ii) unauthorized human intervention in the Giveaway; (iii) printing errors; (iv) errors in the administration of the Giveaway or the processing of entries; or (v) 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 Giveaway 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 Entrant's or any other person's computer relating to or resulting from participation in this Giveaway or downloading any materials in this Giveaway. 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 Giveaway, and in no event shall the Released Parties be liable for attorney fees. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.

DRAWING AND NOTIFICATION: The potential Prize Winners will be selected in a random drawing conducted by the Administrator, whose decisions are final and binding. The Prize drawing will be conducted on or about December 8, 2019. Odds of winning the Grand Prize or Second Prizes will depend on the total number of eligible entries received during the Giveaway Period. The potential Prize Winners will be contacted by the Administrator via email.

 Limit of one (1) prize per person. One (1) potential Grand Prize winner and five (5) potential Second Prize winners will be randomly selected on or about December 8, 2019, and notified by e-mail. If attempted notification is returned as undeliverable, if a potential winner cannot be verified, or if a potential winner is otherwise unable or unwilling to accept the prize, then prize will be forfeited and may be awarded to an alternate winner provided sufficient time remains, in Sea Foam’s discretion.

GRAND PRIZE & SECOND PRIZE CONDITIONS:

There will be one (1) Grand Prize and five (5) Second Prizes in this Giveaway.

The Grand Prize Winner (“Grand Prize Winner”), upon the Administrator’s confirmation of eligibility, will receive one (1) $300 Fleet Farm gift card and one (1) case of Marine PRO (“Grand Prize”). The Grand Prize has an approximate retail value of $491.88.

Each Second Prize Winner (“Second Prize Winner”), upon the Administrator’s confirmation of eligibility, will receive one (1) case of Marine PRO (“Second Prize”). Each Second Prize has an approximate retail value of $191.88.

Limit of one (1) prize per person.

Winners must pay all costs and taxes other than those specifically identified in the prize description. No substitution, assignment or transfer of a Prize is permitted, except by Sponsor, who reserves the right to substitute the Prize with another of equal or greater value.

By accepting a Prize, the Winner agrees to release and hold harmless the Released Parties, each of their related companies, and each of their respective officers, directors, employees, shareholders, and agents from and against any claim or cause of action arising out of participation in the Giveaway or receipt or use of the Prize. If a Prize or Prize notification is returned as unclaimed or undeliverable to a potential Winner, if a potential Winner cannot be reached or does not comply with prize redemption instructions within five (5) business days from the first notification attempt, or if a potential Winner is not in compliance with these Official Rules, then such person shall be disqualified and, at Sponsor’s sole discretion, an alternate Winner may be selected.

By accepting a Prize, where permitted by law, the Winner grants to the Sponsor and its designees, the right to print, publish, broadcast and use worldwide IN ALL MEDIA without limitation at any time their full name, portrait, pictures, 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, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES) ARISING OUT OF PARTICIPATION IN THIS GIVEAWAY OR THE ACCEPTANCE, POSSESSION, USE, OR MISUSE OF, OR ANY HARM RESULTING FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF THE PRIZE. 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 Giveaway 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. The Winner 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 their Prize.

DISPUTES: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of Entrants, Administrator, and Sponsor in connection with the Giveaway 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 or provisions that would cause the application of any other state’s or jurisdiction’s laws. By participating in the Giveaway, Entrant agrees that: (i) any and all disputes, claims, and causes of action arising out of or in connection with the Giveaway, shall be resolved individually without resort to any form of class action; (ii) any judicial proceeding shall take place in a federal or state court within the State of Minnesota; (iii) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Giveaway, but in no event will attorney fees be awarded or recoverable; (iv) under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to seek, punitive, incidental, exemplary, consequential, special damages, lost profits, other damages, and/or any rights to have damages multiplied or otherwise increased; and (v) Entrant’s remedies are limited to a claim for money damages (if any) and he/she waives any right to seek injunctive or equitable relief. 

SEVERABILITY: The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. If any provision of the Official Rules is determined to be invalid or otherwise unenforceable, the other provisions will remain in effect and will be construed as if the invalid or unenforceable provision were not contained herein.

MISCELLANEOUS: These Official Rules contain the full and complete understanding with respect to the Giveaway and supersede all prior and contemporaneous agreements, representations and understandings, whether oral or written. The headings herein are for convenience only, do not constitute a part of these Official Rules, and shall not be deemed to limit or affect any of the provisions hereof. No amendment to, or waiver of, any provision of these Official Rules shall be effective unless in writing and signed by both Sponsor and Administrator. The waiver by Sponsor or Administrator of any provision of these Official Rules shall not constitute a waiver of any other provision herein. The rights and obligations hereunder may not be assigned by Entrant, whether by operation of law or otherwise, without the prior written consent of Sponsor, and any attempted assignment in violation of the foregoing shall be null and void. These Official Rules shall be binding upon, and inure to the benefit of, the permitted successors and assigns of Sponsor, Administrator, and Entrant.

WINNERS LIST REQUEST: To request confirmation of the name, city, and state of residence of the Winner, please send a self-addressed, stamped business size envelope, by December 31, 2019 to: Sea Foam Sales Company “Sea Foam” Giveaway Winners List Request, 510 N Chestnut St, Chaska, MN 55318