Terms and Conditions: Social Giveaways, Sweepstakes and Contests
Effective Date: 21 July 2023
NO PURCHASE IS NECESSARY TO ENTER OR WIN. MAKING A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. APPLICABLE ONLY IN THE UNITED STATES and CANADA. ENTRY INTO THIS SWEEPSTAKES CONSTITUTES ACCEPTANCE OF THESE OFFICIAL RULES. VOID WHERE PROHIBITED BY LAW.
By participating in a Harvey Performance Social Sweepstakes, Giveaways and/or Contests (the “Sweepstakes”), you agree to these official rules (the “Rules”), which are a contract, so read them carefully before participating. Without limitation, this contract includes indemnities to the Released Parties (defined below) from you and a limitation of your rights and remedies. You must follow these Rules to enter and be eligible to receive a prize in connection with the Sweepstakes.
DURATION: Is as outlined on the social media post announcing the sweepstakes. The computer clock of Harvey Performance Company, LLC (“Sponsor”) is the official time-keeping device for the Sweepstakes.
ELIGIBILITY: The Sweepstakes is open only to legal permanent residents of the United States (excluding Puerto Rico, and the U.S. Territories and Possessions) who are 21 years of age or older as of the date of entry. Employees, officers and directors of Sponsor along with its affiliates, subsidiaries, advertising, contest, fulfillment and marketing agencies, (collectively, “Promotion Parties”) their immediate families (parent, child, sibling & spouse and their respective spouses, regardless of where they reside) and persons living in the same households as such individuals (whether related or not) are not eligible to participate in the Sweepstakes. By participating, you agree to these Rules and to the decisions of the Sponsor, which are final and binding in all respects. In addition, to be eligible to win, you must also execute and return Sponsor’s forms for you to: (i) consent to the use of your rights of publicity, (ii) assume all tax liabilities, (iii) waive all claims against Sponsor and Promotion Parties, and (iv) confirm your eligibility (collectively “Affidavits and Waivers”). This Sweepstakes is void in any jurisdiction not listed above and where prohibited by law, rule or regulation.
HOW TO ENTER: Follow the directions provided on the social media post.
ALTERNATIVE MEANS OF ENTRY: On a plain 3” x 5” card, legibly handprint or type your name, age, complete address, city, state, zip code, home phone number (including area code), and email address (if any). Then, mail your 3” x 5” card in a postage-affixed sealed envelope to:
Harvey Performance Company
428 Newburyport Turnpike
Rowley MA, 01969
If you do not provide an email address, we will call you if your name is selected. Otherwise, you will not be contacted regarding the outcome.
Mail-in entries must be postmarked by 2 days before the end of the Sweepstakes and received by the close of the Sweepstakes as outlined on social media post. No mechanically or programmatically reproduced entries are permitted. Each postcard is considered one (1) entry. The information provided on such submitted 3” x 5” cards shall also be deemed part of the Entry Form.
LIMITATIONS: Regardless of the method used to enter the Sweepstakes, either via social media or mail-in or a combination of the two, the maximum number of entries allowed during the Sweepstakes is 100 entries per person.
Sponsor is not 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 trans-missions, technical malfunctions, or otherwise.
In the event of a dispute regarding the identity of the person submitting an entry, the entry will be deemed submitted by the authorized account holder at the time of entry. The authorized account holder is the natural person who is assigned to the account by Sponsor, the organization that is responsible for assigning accounts to customers. Potential winners may be required to show proof of being the authorized account holder.
Any attempt by an entrant to obtain more than the stated number of entries by using multiple/different email addresses, identities, registrations, logins, and/ or any other methods, including, but not limited to, automated entry, will void that entrant’s entries and that entrant may be disqualified from the Sweepstakes. Multiple participants are not permitted to share the same email address or Instagram account.
Sponsor will not verify receipt of entries for entrants. All entries submitted become the sole property of Sponsor. Sponsor reserves the right to disqualify those entries deemed to be inappropriate or in violation of this Sweepstakes (as defined solely by Sponsor).
ODDS OF WINNING: The actual odds of winning will depend upon the actual number of total entries received for this Sweepstakes, regardless of the means of entry.
LIABILITY LIMITATION: The Sponsor assumes no responsibility or liability for (a) lost, late, stolen, undelivered, inaccurate, incomplete, delayed, misdirected, damaged or garbled registrations, entries, URLs, or emails; (b) any incorrect or inaccurate entry information, or for any faulty or failed electronic data transmissions; (c) any unauthorized access to, or theft, destruction or alteration of entries or registrations at any point in the operation of this Sweepstakes; (d) any technical malfunction, failure, error, omission, interruption, deletion, defect, delay in operation or communications line failure, regardless of cause, with regard to any equipment, systems, networks, lines, cable, satellites, servers, computers or providers utilized in any aspect of the operation of the Sweepstakes; (e) inaccessibility or unavailability of the Internet or the Sponsor’s web site or any combination thereof or for computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Sweepstakes, including, without limitation, errors or difficulties which may occur in connection with the administration of the Sweepstakes, the processing of Entries, social networking posts, or registrations, the announcement of the prizes, or in any other Sweepstakes-related materials; or (f) any injury or damage to participants or to any other person’s computer which may be related to or resulting from any attempt to participate in the Sweepstakes. If, for any reason, the Sweepstakes (or any part thereof) is not capable of running as planned for reasons which may include, without limitation, infection by computer virus, tampering, unauthorized intervention, fraud, technical failures, or any other causes which may corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, then the Sponsor reserve the right at their sole discretion to cancel, terminate, modify or suspend the Sweepstakes in whole or in part. If terminated, the Sponsor will award the prizes from among all non-suspect, eligible Entries received for the Sweepstakes up to the time of such action.
RELEASES: All participants, as a condition of participation in this Sweepstakes, agree to release, hold harmless and indemnify the Sponsor, its offers, directors, accountants, attorneys and agents (“Released Parties”) from and against any and all liability, claims, damages, or actions of any kind whatsoever for injuries, damages, or losses to persons or property which may be sustained, in whole or in part, directly or indirectly, in connection with (i) participation in any aspect of the Sweepstakes, (ii) the receipt, ownership or use of the prize awarded, including any travel associated with any prize, (iii) participant’s registration material on any related website, or (iv) any typographical or other error in these these Rules.
NO WARRANTIES: NEITHER SPONSOR NOR ANY OF THE RELEASED PARTIES HAVE MADE OR MAKE OR ARE RESPONSIBLE OR LIABLE FOR ANY WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, RELATIVE TO THIS SWEEPSTAKES OR A PRIZE, INCLUDING BUT NOT LIMITED TO, ITS QUALITY OR FITNESS OR MERCHANTABILITY, AND ALL PRIZES ARE TENDERED TO ENTRANTS ON AN “AS IS” BASIS. THERE ARE NO WARRANTIES REGARDING ANY PRIZE OR THE USE OF THE GIFT CARD WITH AMAZON.
RANDOM DRAWING: Will be conducted as outlined in social post. All decisions on all matters pertaining to the Sweepstakes are final. Sponsor reserves the right to substitute a prize of equal or greater value.
WINNER NOTIFICATION: Random selection of the potential prize winner will occur during the first week that immediately follows the Sweepstakes Period from among all eligible entries received. Prize drawing will be conducted at Sponsor’s headquarters. The prize winner will be notified by direct message, e-mail or regular mail, in Sponsor’s discretion, within 30 days from the date of the winner selection.
The designated prize winner will have 14 days from notification to claim the prize and return all release and eligibility forms. Sponsor and its affiliates, subsidiaries, employees, agents, officers and directors, advertising and promotion agencies, and their respective officers, directors, employees and their respective agents, will not be liable for unsuccessful efforts to notify a winner.
The prize will be delivered as outlined in the social media post. No prize transfer, assignment or substitution by winner permitted. All federal, state and local taxes, fees and surcharges on prizes are the sole responsibility of the prize winner. If the prize winner declines the prize, fails to claim the prize, is unavailable for prize fulfillment, fails to abide by the these Rules, or is ineligible, Sponsor may select an alternate winner from all remaining eligible entries.
By entering this Sweepstakes, each entrant gives his/her express permission to be contacted by the Sponsor by telephone, e-mail and/or postal mail for Sweepstakes purposes.
The winner, by acceptance of Prize, grants to Sponsor, and each of its respective designees, the right to publicize the winner’s name, address (city and state of residence), photograph, voice, statements and/or other likeness and prize information for advertising, promotional, trade and/or any other purpose in any media or format now known or hereafter devised, throughout the world, in perpetuity, without limitation and without further compensation, consideration, permission or notification, unless prohibited by law.
Before being declared a winner, each selected entrant will be required to sign an confirmation and acceptance confirming compliance with the these Rules and acceptance of the prize as offered. The confirmation and acceptance must be returned within 7 business days of the notification date indicated on the documents, unless otherwise stated, or the selected entrant will be disqualified and the prize forfeited.
THIRD PARTY & SOCIAL MEDIA: This Sweepstakes is in no way sponsored by, endorsed by, associated with, or administered by Facebook, Instagram, Twitter, Whatsapp, Tumblr, Google, YouTube, WeChat, or WhatsApp (collectively “Social Media Sites”). By entering this event, you agree to hold all Social Media Sites harmless for and from any potential claims you may have related to or arising out of this Sweepstakes.
MISCELLANEOUS CONDITIONS: Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Sweepstakes.
Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, or delay in operation or transmission; communications line failure; theft or destruction of or unauthorized access to Sweepstakes entries or entry forms; or alteration of entries or entry forms. Sponsor reserves the right to correct clerical or typographical errors in promotional materials or any materials related to the Sweepstakes.
WINNER NAME: To obtain the name of the winner, send a request to [email protected]
CHOICE OF LAW AND JURISDICTION: This Sweepstakes is governed by the internal substantive laws of Nevada, without regard to its conflicts of law provisions.