OFFICIAL RULES: Fitbit Drawing
PARTICIPANTS MUST BE 18 YEARS OF AGE OR OLDER AT THE TIME OF ENTRY. PARTICIPANTS MUST BE RESIDENT OF CHELAN COUNTY.
This Drawing is in no way sponsored, endorsed or administered by, or associated with Fitbit, Inc.
PROMOTION PERIOD: The Strategic Planning – Survey Fitbit drawing promotion begins on Wednesday, May 22, at 12:00 a.m. Pacific Time and ends on Friday, June 21, 2019, at 11:59 p.m. Pacific Time (the “Promotion Period”). By participating in the Drawing, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Chelan County Public Utility District, 327 N. Wenatchee Ave., Wenatchee, WA 98801 (the “Sponsor”) whose decisions shall be final and legally binding in all respects.
ELIGIBILITY: The Drawing is open to all Chelan County residents eighteen (18) years of age or older who have submitted a response for the Strategic Planning Survey either completed on-line, dropped off as a hard copy at a PUD location or mailed as a hard copy and postmarked by the Promotion Period deadline.
Employees, officers, and directors of Sponsor (collectively, the “Promotion Entities”), and each of their immediate family members (as defined by the IRS) and/or people living in the same household are not eligible to participate. This Drawing is subject to all federal, state, and local laws and regulations.
HOW TO ENTER: During the Promotion Period, Chelan County residents may enter the Drawing by submitting a Strategic Planning Survey response card. Residents must provide a valid name, phone number or email address to notify winner. Limit: One (1) entry per resident during the Promotion Period.
E-mail information collected may be used for promotional marketing purposes only as it relates to Chelan County PUD. Sponsor’s computer will be the official timekeeper for all matters related to this Drawing. Entries that are incomplete, garbled, corrupted, or unintelligible for any reason, including, but not limited to, computer or network malfunction or congestion, are void and will not be accepted.
PRIZE: Only the prize listed below will be awarded in this Drawing. Three (3) Grand Prizes: Fitbit Alta HR Activity Tracker and Chelan PUD Visor or Hat. Approximate retail value $139 each. A random drawing will be conducted from all eligible entries received on or about June 28, 2019.
Winner is responsible for any and all local, state and/or federal taxes, as well as any other costs and expenses not specified herein as being awarded. Prize is non-assignable and non-transferable and has no cash value except at the sole discretion of the Sponsor who reserves the right to substitute a prize of comparable or greater value, at its sole discretion.
PRIZE NOTES: Prize will be awarded only if the potential winner fully complies with these Official Rules.
WINNER NOTIFICATION: Conduct of the Drawing is under the supervision of the Sponsor. Potential winner will be notified by email or phone using the contact information provided at the time of entry. Sponsor shall have no liability for any potential prize winning notification that is lost, intercepted or not received by any potential winner for any reason. If, despite reasonable efforts, any potential winner does not respond within (5) days of the first notification attempt, or if the prize notification is returned as unclaimed or undeliverable, such potential winner will forfeit his or her prize and an alternate winner may be selected. If any potential winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines a prize for any reason prior to award, such potential winner will be disqualified and an alternate winner may be selected.
GENERAL PRIZE CONDITIONS; RELEASE AND INDEMNITY: BY ENTERING, EACH ENTRANT AGREES for entrant and for entrant’s heirs, executors, and administrators (A) to release and hold harmless Sponsor and its respective officers, directors, and employees (collectively, “Released Parties”) from any liability, illness, injury, death, loss, litigation, or damage that may occur, directly or indirectly, whether caused by negligence or not, from such entrant’s participation in the Drawing and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof; (B) 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, with respect to any prize, including, without limitation, to such prize’s quality or fitness for a particular purpose; and agree to be bound by these Official Rules and to waive any right to claim any ambiguity or error therein or in the Drawing itself, and to be bound by all decisions of the Sponsor, which are binding and final. Failure to comply with these conditions may result in disqualification from the Drawing at Sponsor’s sole discretion.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PRIZE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SPONSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.
PUBLICITY RELEASE: Acceptance of any prize constitutes winners’ permission for the Sponsor to use winners’ name, photograph, image, likeness, statements and complete address (collectively, the “Attributes”), for advertising and/or publicity purposes and in all forms of media now known or hereafter devised, in perpetuity, without further compensation or authorization, (except where prohibited by law), and winner releases the Promotion Entities from all claims arising out of the use of such Attributes.
DISQUALIFICATION: Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Drawing, to be acting in violation of these Official Rules, or to be acting in a disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Drawing, or to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. Sponsor reserves the right to modify, extend, suspend, or terminate the Drawing if it determines, in its sole discretion, that the Drawing is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other causes beyond Sponsor’s control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of the Drawing as contemplated herein.
DISPUTES: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Drawing or any prize awarded shall be resolved individually without the assertion of a class action claim and (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Drawing, but in no event attorneys’ 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 Sponsor in connection with the Drawing, shall be governed by, and construed in accordance with, the laws of the State of Washington. These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with law by a duly authorized representative of Sponsor. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision.