Hot Tub Giveaway with Mainely Tubs
“Chance to win Hot Springs Salt Water Hot Tub”
NO PURCHASE OR PAYMENT NECESSARY. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.
BY ENTERING THE GIVEAWAY, EACH ENTRANT AGREES TO THESE OFFICIAL RULES.
1. Eligibility: Chance at Hot Springs Salt Water Hot Tub (the “Giveaway”) is open only to individuals who are 18 years or older (unless otherwise stated on the Website) and residents of Maine and New Hampshire, to be eligible to win. No purchase necessary to enter the Giveaway. Employees of Mainely Tubs and Binnie Media or any of their respective affiliates, subsidiaries, advertising agencies, or any other company or individual involved with the design, production execution or distribution of the Giveaway (collectively with Mainely Tubs, the "Released Parties”) and their immediate family (spouse, parents and step-parents, siblings and step-siblings, and children and step-children) and household members of each such employee are not eligible to enter or win. The Giveaway is subject to all applicable federal, state and local laws and regulations. Participation constitutes entrant's full and unconditional agreement to these Official Rules and Mainely Tubs/Binnie Media decisions, which are final and binding in all matters related to the Giveaway. Winning a prize is contingent upon fulfilling all requirements set forth herein.
2. Giveaway Period: The Giveaway will run from Tuesday November 5th, 2019-Friday December 27th, 2019.
3. How to Enter: To enter, visit www.1075FRANK.com, and click on Mainely Tubs Hot Tub Giveaway link during Giveaway Period to find and download the 107.5 Frank FM App. Log into the app and complete the entry form, which includes your name, email address, address, daytime telephone number and date of birth. Once you have completed the entry form on the app, click “submit” to be entered into the random drawing. To receive additional bonus entries in the Giveaway, upon submitting your entry form, select the “Bonus Form” button at the bottom of the entry form where you can earn a number of additional bonus entries into the random drawing (“Bonus Entries”). The specific number and limit of Bonus Entries allowed per person per method of entry is as specifically listed on the Website. All entries must be received by 11:59:59 p.m. ET on the last day of the Giveaway Period to be entered into the Random Drawing. The grand prize winner will be chosen by random drawing from all registrations collected during contest period.
This Giveaway is not sponsored, endorsed, administered by or associated with Facebook, Google or Twitter. By entering, you are providing your information to Mainely Tubs and not to Facebook, Google or Twitter.
In the event of a dispute regarding the identity of the person submitting an entry, the entry will be deemed to be submitted by the person in whose name the Facebook, Google or Twitter account is registered. The entrant may be required to provide evidence that the entrant is the authorized account holder of the Facebook, Google or Twitter account associated with the winning entry and complete an affidavit and/or any applicable releases. Mainely Tubs and Binnie Media are not responsible for lost, late, incomplete, invalid, unintelligible or misdirected entries, which may be disqualified. Any attempt by any participant to enter by using multiple/different identities, or any other methods may disqualify that participant from winning any prize, at the sole discretion of Mainely Tubs and Binnie Media.
4. Grand Prize and Approximate Retail Values (“ARV’s”): The grand prize is a Hot Springs Salt Water Hot Tub with a retail value of $15,000. No prize transfer or cash substitutes allowed except at Mainely Tubs sole discretion. Grand prize winner is responsible for all applicable federal, state and local taxes. Grand prize consists of only those items specifically listed as part of the Grand prize. Mainely Tubs or Binnie Media may provide the winner with an IRS Form 1099 reflecting their portion of the prize, or such other governmental tax forms that may be necessary, as determined in the sole discretion of Mainely Tubs and Binnie Media.
5. Claiming the Prize: Upon winner verification, the grand prize winner will work with Mainely Tubs and Binnie Media to fill out all required paperwork including all Publicity and liability release forms and installation of tub. The winner must prove he or she is the grand prize winner by presenting acceptable identification (e.g., state driver’s license; state issued identification card; valid passport with address verification; or birth certificate with social security card and photo identification and address verification). If a winner cannot prove he or she is the grand prize winner, the prize will not be awarded.
Hot Tub: Hot Spring Limelight Series Bolt (choice of 110v or 220v)
Included Accessories: FreshWater Salt System, Bluetooth Stereo System w/Subwoofer, Insulated Cover, Cover Lifter, Everwood Steps, Electrical Disconnect
Approximate Retail Value: $15,000
Accepting Responsibility for Delivery of the Hot Tub
The winner of the hot tub will be responsible for providing a safe and level spot to place the hot tub on and that it can support 125 lbs. per sq. feet. Mainely Tubs will deliver the hot tub to the winner’s location if they are within 3 hours of their Scarborough, Maine showroom. If the winner is outside of Mainely Tubs serviceable area the winner will be responsible for picking up the hot tub at Mainely Tubs or coordinating shipping of the hot tub at their expense. Difficult installations due to access limitation of special circumstances may require more manpower or use of equipment such as a crane. In such cases, the winner will be responsible for these charges. All electrical work must be done by a licensed electrician and will be at the winners’ expense. Mainely Tubs can coordinate such services upon request.
Mainely Tubs agrees to provide warranty service and support to the customer at their standard rates so long as the customer is within Mainely Tubs service are as determined solely by Mainely Tubs. If the winner is outside of Mainely Tubs service area Mainely Tubs agrees to provide warranty support via telephone and can ship any warranty parts to the customer but will be unable to install said parts or provide warranty service at the customers’ location.
If the Winner purchased a Hot Tub from Mainely Tubs during the Promotional Period
If the winner put a deposit down to purchase a hot tub from Mainely Tubs during the contest entry period the customer will have the option of either returning their original purchase for a full refund and taking the delivery of the hot tub that they won, or they can have the retail value of the winnings applied toward the purchase of their new hot tub.
No Cash Value
The winner may not forfeit the hot tub to receive the cash value instead.
Should the customer choose to upgrade to a larger hot tub they may apply the current sale price, not the retail value, of their hot tubs with premium package towards a hot tub of equal or greater value. The winner will be responsible for paying the difference in sale price prior to taking delivery of their hot tub.
6. Participation Conditions/Release/Consent to use Likeness: By participating, each participant agrees to: (a) comply with and be bound by these Official Rules and the decisions of Mainely Tubs and Binnie Media which are binding and final in all matters relating to this Giveaway; (b) release and hold harmless the Released Parties from and against any and all claims, expenses, and liability, including, but not limited to, negligence and damages of any kind to persons and property, including, but not limited to, invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a participant's participation in this Giveaway, and acceptance or use or misuse of prize; (c) indemnify, defend and hold harmless the Released Parties from and against any and all claims, expenses, and liabilities (including reasonable attorney’s fees) arising out of or relating to an entrant's participation in the Giveaway and/or entrant's acceptance, use or misuse of prize; and (d) allow Mainely Tubs and Binnie Media use for promotional purposes of his/her likeness, voice and/or address (city/state) without any additional compensation.
7. General Conditions: Mainely Tubs or Binnie Media reserves the right to cancel, suspend and/or modify the Giveaway, or any part of it, for any reason whatsoever, including, without limitation, fire, flood, natural or man-made epidemic of health or other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis, order of any court or jurisdiction or if any fraud, technical failures or any other factor beyond Mainely Tubs reasonable control impairs the integrity or proper functioning of the Giveaway, as determined by Mainely Tubs in its sole discretion. Mainely Tubs or Binnie Media reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the participation process or the operation of the Giveaway or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Giveaway may be a violation of criminal and civil law, and, should such an attempt be made, Mainely Tubs and Binnie Media reserves the right to seek damages from any such person to the fullest extent permitted by law. Only the type and quantity of prizes described in these Official Rules will be awarded. The invalidity or unenforceability of any provision of these 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 rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Mainely Tubs's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
8. Limitations of Liability: The Released Parties as set forth above are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Giveaway; (2) technical failures of any kind, including, but not limited, to malfunctions, interruptions or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the participation process or the Giveaway; (4) technical or human error which may occur in the administration of the Giveaway or the processing of phone calls; or (5) any injury 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 or use or misuse of any Prize.
10. Disputes/Governing Law: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Giveaway or the prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate federal or state court of Maine; (2) 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 attorneys' or legal fees; and (3) unless otherwise prohibited, 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 Mainely Tubs in connection with this Giveaway shall be governed by, and construed in accordance with, the laws of the State of Maine, without giving effect to any choice of law or conflict of law rules (whether of State of Maine, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Maine.
11. Official Rules/Winner’s List: For a copy of these Official Rules, see the Website.
12. Mainely Tubs: 415 Pain Rd, Scarborough, ME. 04074 and 50 Lafayette Rd, Rye, NH 03870