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The H.U.G.S. Sweepstakes
Official Rules
NO PURCHASE OR DONATION NECESSARY TO ENTER OR WIN. PURCHASE WILL NOT INCREASE ODDS OF WINNING. Sweepstakes
begins at 12:01 a.m., Eastern Time, (ET), November 20, 2009, and ends at 11:59
p.m., ET, March 31, 2010. Sweepstakes open to all legal residents of New York
who are 18 years of age or older. All profits from this Sweepstakes will be
turned over to the non-profit organization HUGS Foundation Inc. This
organization is a registered not-for-profit organization under 501(c) (3) of
the Internal Revenue Code. Employees of the HUGS Foundation Inc., its
affiliated subsidiaries, advertising and promotion agencies, as well as the
immediate family (spouse, parents, siblings and children and their respective
spouses, regardless of where they reside) and household members of each such
employee, whether related or not, are NOT ELIGIBLE to participate. This Sweepstakes is subject to all
applicable federal, state, and local laws and regulations. Participation in
this Sweepstakes constitutes participant’s full and unconditional agreement to
these Official Rules and Charitable Organization’s decisions, which are final
and binding in all matters related to this Sweepstakes. Winning the prize is
contingent upon fulfilling all requirements set forth herein. Void where
prohibited.
Three Ways to Enter. (A)
Visit www.helpusgivesmiles.org,
complete the official online registration form and make a suggested donation of
$50.00 per entry or (B) Make a
$50.00 donation and complete the on-site registration form at various events
and mail it to: HUGS Foundation Inc. 973 East Ave. Rochester, NY 14607 or (C)
To enter without making a donation
hand-print your name, address, day and night telephone numbers and age on a 3”
x 5” card and mailing it in a standard business-size #10 envelope
to: “Help Us Give Smiles” Sweepstakes” ASC, 90 Rockwood Place, Rochester N.Y.
14610. Limit one entry per person, per envelope, per day. All mailed entries
must be postmarked by March 31, 2010 and received by April 6, 2010. All entries
become the property of the Sponsor and will not be returned. Sponsor not
responsible for illegible, damaged, lost, late, misdirected, incomplete or
postage due mail, or other errors associated with the Sweepstakes.
Internet
Limitations of Liability: If for any reason, this Sweepstakes is not capable of
running as planned due to infection by computer virus, bugs, tampering,
unauthorized intervention, fraud, technical failures, or any other causes
beyond Charitable Organization control, which affects the proper conduct of the
Sweepstakes, the Charity reserves the right, in its sole discretion, to
disqualify any individual who tampers with the entry process (if applicable),
and to cancel, terminate, modify or suspend the Sweepstakes in whole or in
part, at any time, without notice and award prizes using all non-suspect
eligible entries received as of the termination/suspension date. Charitable
Organization assumes 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. Charitable Organization is not responsible for: lost, late, incomplete,
illegible, incorrect, delayed, garbled, undelivered, or misdirected entries;
theft, destruction or unauthorized access to, or alteration of, entries;
failures or malfunctions of phones, phone lines or telephone or data
transmission systems; interrupted or unavailable network, server or other
connections; any error, omission, interruption, defect or delay in any
transmission or communication; traffic congestion on the Internet or any
technical problem, including but not limited to any injury or damage to any
persons computer related to or resulting from Sweepstakes participation;
typographical, printing or other errors or omissions in these Official Rules,
in any Sweepstakes-related advertisements or other materials, or other problems
or errors of any kind whether computer, network, mechanical, human, electronic,
typographical, printing or otherwise relating to or in connection with the Sweepstakes,
including, without limitation, errors or problems which may occur in connection
with the administration of the Sweepstakes, in the processing of entries, in
the selection or announcement of winners or in the awarding of prizes. Charitable
Organization is not responsible for any damage to an entrant’s system which is
occasioned by participating in this Sweepstakes or by downloading any
information necessary to participate in this Sweepstakes. Charitable
Organization also is not responsible for incorrect or inaccurate entry
information whether caused by Internet users or by any of the equipment or
programming associated with or utilized in the Sweepstakes or by any technical
or human error which may occur in the processing of the entries in the Sweepstakes.
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 CHARITY 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.
Grand Prize: One (1) Grand Prize will be awarded. The Grand Prize Winner will receive a 46” Sony Bravia
TV approximate retail value (ARV) $2,500. Also, The Grand Prize winner will
have a chance to win a 2010 Lexus RX 450H that has an (ARV) of $50,000 in an Insured Prize envelope
game (see below**). The Grand
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. All applicable tax, title, registration and
licensing fees are the sole responsibility of the winner. The value of the
prize is taxable as income and the winner is solely responsible for all matters
relating to the prize after it is awarded. The prize will be deemed awarded upon the
winners signing the lease or the receipt of the check for the cash award. By accepting the Grand
Prize, the prize winner agrees to release the Sponsor and the Released Parties
from any and all liability whatsoever for any injuries, losses, or damages of
any kind caused by entering the promotion or for damages of any kind caused by
any prize or resulting from acceptance, possession, or use/misuse of prize
awarded.
**For the chance to win
the 2010 Lexus RX 450H, the Grand Prize winner will be invited to select two
(2) envelopes out of fifteen (15) sealed envelopes. Two of these 15 envelopes
contain a certificate for the 2010 Lexus RX 450H. In order to win, both winning envelopes must be
selected. If both envelopes are selected, the winner
will receive a 2010 Lexus RX 450H or a Cash
Option of $35,000. The winning envelopes will be revealed if not selected by the Grand Prize winner.
All features or upgrades not
included by Sponsor will be allowed only if permitted by Sponsor and paid for
by winner. The depiction of the Prize Vehicle in any advertising or promotional
materials, or as part of any display may not reflect the actual Prize Vehicle.
Sponsor shall not be responsible for delays in delivery, and delivery is
subject to availability. Sponsor, however, shall use all reasonable efforts,
subject to availability, to deliver the Prize within 180 days after receipt of
the aforementioned items/information. Winner shall bear all risk of loss or
damage to the Sponsors Vehicle after it has been delivered to the specified
delivery site. The winner must personally retrieve the Sponsors Vehicle within
14 days of written notification of delivery and must present adequate personal
identification and evidence of legally required insurance. If winner does not
provide proof of a valid driver’s license and proof of insurance prior to
delivery, winner forfeits prize. The Prize shall only be delivered to the
authorized Lexus dealership in Rochester, NY where the winner shall execute the
necessary paperwork and take delivery. Winner is responsible for all taxes,
including but not limited to federal, state and local taxes, title, license,
registration, dealer preparation costs, delivery or destination fees, auto
insurance, gasoline, and other requirements and expenses and fees associated
with the acceptance and use of prize. By law, The Charitable Organization will
provide the Sweepstakes winner with an appropriate Internal Revenue Service
Form that will indicate the Sweepstakes winner has received income in the
amount of the fair market value of the Prize and collect the required federal
income tax. Approximate Retail Value: $50,000. Sponsor reserves the right to
substitute a prize for one of equal or greater value if the prize should become
unavailable for any reason.
Drawing and Notification: The Prize winner will be selected from among all
eligible entries received, in a random drawing by an independent judging
organization, whose decisions are final in all matters relating to this
Sweepstakes. The winner selection process will be completed on or about April
10, 2010. Odds of winning will depend on the total number of eligible entries
received. The potential Grand Prize winner will be notified by telephone and/or
mail upon initial notification and verification of potential winner confirmation,
winner will be sent confirmation in writing via USPS mail, or other home
delivery service of Sponsor’s choice. The Second and Third Prize winners will
be by mail.
Prize Conditions: Prize winners are solely responsible for all
applicable federal, state, and local taxes associated with the receipt of any
prize. The Grand Prize winner and First Prize winner will be required to sign
an Affidavit of Eligibility and Liability/Publicity Release and return the
document within 14 days of written notification by mail or prize may be
forfeited and an alternate potential winner may be selected. Return of any
prize notification as undeliverable will result in disqualification and an
alternate winner will be selected. The winner’s entry and acceptance of the
prize offered constitutes permission (except where prohibited by law) 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.
General Conditions: Charitable Organization reserves the right to cancel,
suspend and/or modify the Sweepstakes, or any part of it, if any fraud,
technical failures or any other factor impairs the integrity or proper
functioning of the Sweepstakes, as determined by the Charitable Organization in
their sole discretion. If terminated, Charitable Organization may, at their
sole discretion, randomly select winners from among all eligible, non-suspect
entries received during the Entry Period. If for any reason the Sweepstakes is
canceled in its entirety, the HUGS Foundation Inc. will reimburse each
Sweepstakes ticket purchaser within sixty (60) days of the Sweepstakes
cancellation date. Charitable Organization reserves the right in their 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. Any attempt
by any person to deliberately undermine the legitimate operation of the
Sweepstakes may be a violation of criminal and civil law, and, should such an
attempt be made, Charitable Organization reserve the right to seek damages from
any such person to the fullest extent permitted by law. Any failure by
Charitable Organization to enforce any term of these Official Rules or any
applicable laws shall not constitute a waiver of such right. If any provision
of these Official Rules is found by a court of competent jurisdiction to be
invalid, then participant, Charitable Organization and the court shall endeavor
to give effect to the intent reflected in that provision, and the remaining
Official Rules shall retain their full force and effect.
Disputes: Except where prohibited, entrant agrees that: (1) any
and all disputes, claims and causes of action arising out of or connected with
this Sweepstakes or any prize 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 this Sweepstakes, and in no event shall entrant be
entitled to receive attorneys’ fees or other legal costs; and (3) under no
circumstances will entrant be permitted to obtain awards for, and entrant
hereby waives all rights to claim, indirect, 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. All issues and questions concerning the construction,
validity, interpretation and enforceability of these Official Rules, or the
rights and obligations of the entrant and Charitable Organization in connection
with the Sweepstakes, shall be governed by, and construed in accordance with,
the laws of the State of New York.
Winners List Request: To request the name of the winners, please
send a self-addressed, stamped business size envelope, by May 1, 2010, to:
ASC/“Help Us Give Smiles” Sweepstakes Winners List, 300 State Street, Suite 402,
Rochester, NY 14614.
Sponsor:
HUGS Foundation Inc. 973 East Ave.
Rochester, NY 14607
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