Hercules Hold The Phone Sweepstakes Official Rules
YOU HAVE NOT YET WON A PRIZE. NO PURCHASE OR PAYMENT OF ANY CONSIDERATION IS NECESSARY TO ENTER THE SWEEPSTAKES OR BE AWARDED A PRIZE. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING A PRIZE. BY PROVIDING CONSENT TO RECEIVE FUTURE CONTENT FROM KHS AMERICA, YOU AGREE THAT YOU ARE SUBSCRIBING TO THE FOLLOWING KHS AMERICA EMAIL NEWSLETTERS:
Hercules Stands USA. YOU MAY UNSUBSCRIBE AT ANY TIME.
Important: Please read these Official Rules before entering this online Sweepstakes (the “Sweepstakes”). By entering this online Sweepstakes, you agree to be bound by these Official Rules and represent that you satisfy all of the eligibility requirements stated below.
THE SWEEPSTAKES IS OFFERED ONLY IN THE UNITED STATES AND OPEN ONLY TO LEGAL RESIDENTS OF, AND LIVING WITHIN, THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA WHO ARE 18 YEARS OF AGE OR OLDER AS OF TIME OF ENTRY IN JURISDICTIONS WHERE THE SWEEPSTAKES IS NOT PROHIBITED OR RESTRICTED BY LAW. SWEEPSTAKES ENTRY IS VOID WHERE PROHIBITED BY LAW.
SUBJECT TO ALL APPLICABLE FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS.
Sponsor and Administrator
The sole sponsor of the Sweepstakes is KHS America, Inc., a Tennessee corporation (“Sponsor”), whose address is 12020 Volunteer Blvd., Mount Juliet, TN 37122. KHS America is also the sole administrator (“Administrator”) of the Sweepstakes. Administrator is responsible for collecting and processing entries and the overall administration of the Sweepstakes. Entrants should look solely to Administrator with any questions, comments, or problems related to the Sweepstakes. The contact for Administrator with respect to questions related to the Sweepstakes is Brent Barnett, who can be reached by email at firstname.lastname@example.org during Administrator’s normal business hours. Contacting Brent Barnett does not constitute entry into the Sweepstakes and will not improve any entrant’s chances of winning a prize. No correspondence or contact other than that specified in these Official Rules will be accepted as an entry in the Sweepstakes. The Sweepstakes is in no way sponsored, endorsed, or administered by, or associated with Instagram, Facebook, or Twitter.
The Sweepstakes is only offered in the United States and is open only to legal residents of, and living within, the 50 United States and the District of Columbia who are 18 years of age or older as of the time of entry, unless otherwise prohibited by applicable federal, state or local law. Residents of Puerto Rico and / or other U.S. territories and possessions are not eligible to enter or win the Sweepstakes. Employees, officers, and directors of Sponsor and Administrator, Sponsor’s and Administrator’s affiliates, and Sponsor’s and Administrator’s advertising and promotion agencies and the immediate families of such employees, officers, and directors (including their parents, siblings, children and spouses) and members of the same household of such employees, officers, and directors (whether or not related) are not eligible to enter the Sweepstakes.
The Sweesptakes begins on July 1, 2022 at 12:00 a.m. Central Time (“CT”) and ends at 11:59 p.m. CT on August 31, 2022 (the “Sweepstakes Period”). The computer of Administrator’s contact person is the official timekeeping device for the Sweepstakes.
How to Enter
An individual can enter the Sweepstakes during the Sweepstakes Period using the following method(s): Completing the online survey titled: “Hercules Hold The Phone Sweepstakes” located at https://form.jotform.com/221236381984157 (the “Survey”). All entries become the property of Administrator and will not be acknowledged or returned. No correspondence or contact other than that specified in these Official Rules will be accepted as an entry in the Sweepstakes. Entries that are misdirected, lost, late, incorrect, incomplete, illegible, stolen, mutilated, invalid, received with postage-due or undeliverable for any reason (including, without limitation, by reason of hardware, software, browser, or network failure, malfunction, or incompatibility with Sponsor’s, Administrator’s or other third-party servers involved in the entry or prize claim processes) will not be eligible. Entries generated by automated means will be void and will not be eligible. Proof of submission of a completed survey by an entrant does not constitute proof of delivery to Administrator of the survey form. The Administrator’s decisions with respect to completion and delivery of valid survey forms will be final.
A total of 5 winners will each be awarded 1 Hercules DG207B Smartphone Holder (each such smartphone holder, “the Prize”). Manufacturer’s Suggested Retail Price (“MSRP”) of each Prize is $55. Actual retail value may vary. The odds of winning a prize depend upon the number of valid entries received by Administrator during the Sweepstakes Period.
How the Sweepstakes Works
Before September 15, 2022, Administrator will select, on a random basis, 5 entrants from those who completed the online Survey, and the selected entrants will win the Prize. Administrator will email notice (the “Notice”) to the selected entrants at the email provided in the entrants’ Official Survey on or before September 15, 2022. If a Notice is returned, deemed undeliverable, or the selected entrant has not responded within 7 days after Administrator sends the Notice, or if the selected entrant is found to be ineligible or fails to comply with these Official Rules, Administrator may decide, in its sole discretion, that the selected entrant has forfeited the prize, and Administrator may select, on a random basis, an alternate winner from eligible entrants.
Only after Administrator has determined to its sole satisfaction that an entrant has met all eligibility requirements of the Sweepstakes (including, without limitation, the execution and timely return of the Winner Forms) will such individual be declared a “winner” of the Sweepstakes. Where a verified winner, Administrator may, at its option, deliver the winner’s prize by shipping, at Administrator’s expense, at the mailing address provided by the winner within 180 days after Administrator determines that the entrant has met all eligibility requirements, complied with the Official Rules and won a prize.
In case of dispute as to the identity of any entrant, an entry will be declared made by the registered name and mailing address shown in the Survey. Any potential prize winner may be requested to provide Administrator with proof of identity satisfactory to Administrator proving that such person is the prize winner.
Except where prohibited by law, acceptance of a prize shall constitute and signify the winner’s consent that Sponsor, Administrator, and their affiliates may use the winner’s name, likeness, image, voice, photographs, biographical information, address (city and state) and written statements made by the winner about the Sweepstakes, Sponsor’s or Administrator’s products and Sponsor or Administrator for promotional purposes, in all forms of media, in perpetuity and without monetary payment or additional consideration. Administrator reserves the right to announce the identity of each Sweepstakes prize winner and the prize awarded to each such winner on any of Sponsor’s or Administrator’s marketing platforms such as websites, social sites, or email, or on those of their affiliates.
Any difference between the stated value and the actual value of any prize will not be awarded. If a winner cannot accept prize as stated, the prize may be forfeited. The value associated with a prize may be taxable to the winner as income, and, if so, the winner is solely responsible for any taxes, including, but not limited to, all applicable federal, state and local taxes, that become due with respect to the value of the prize. If Sponsor or Administrator is required to report the value of a prize to the Internal Revenue Service in the year that the winner receives the prize, Sponsor or Administrator will report to the prize winner and the Internal Revenue Service in the form of a Form 1099. Any and all fees, expenses, service charges, gratuities, and other costs related to acceptance and use of a prize not specifically stated herein are solely the responsibility of the individual prize winner. No prize may be substituted, assigned, transferred, or redeemed for cash, except that Administrator reserves the right, in its sole and absolute discretion, to offer a prize winner the option of receiving a cash prize substitute. A winner is responsible for any loss of the prize or damage to the prize after it has been delivered. Administrator will not replace any lost or stolen prizes. Unclaimed and unawarded prizes will not be awarded.
Use of Registration Information
Sponsor and Administrator are not responsible for errors, omissions, interruptions, deletions, defects, delays in operations or transmissions, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone, computer, hardware or software malfunctions of any kind, or inaccurate transmissions of, or failure of Sponsor or Administrator to receive any entry or prize claim information on account of human or technical problems in any combination thereof. Sponsor and Administrator reserve the right, in their sole discretion, to cancel, terminate, modify or suspend the Sweepstakes if, for any reason, the Sweepstakes is not capable of running as planned (including, without limitation, due to infection by computer virus bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor and Administrator which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes). The Sweepstakes is subject to these Official Rules. By entering: (a) participants agree to these Official Rules and the decisions of Administrator, which shall be final and binding in all respects, and waive any right to claim ambiguity in the Sweepstakes or these Official Rules; (b) participants release Sponsor and Administrator, their directors, officers, shareholders, employees, affiliates, agents, representatives, vendors and such persons’ directors, officers, employees and agents from any and all liability for any claims, injuries, losses, costs or damages of any kind caused by participation in the Sweepstakes or resulting from acceptance, possession, use or misuse of the prizes; and (c) PARTICIPANTS ACKNOWLEDGE THAT SPONSOR, ADMINISTRATOR, AND OTHER RELEASED ENTITIES AND INDIVIDUALS HAVE NEITHER MADE, NOR ARE IN ANY MANNER RESPONSIBLE OR LIABLE FOR, ANY WARRANTY, REPRESENTATION, OR GUARANTEE, EXPRESSED OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO THE PRIZES, INCLUDING BUT NOT LIMITED TO THEIR QUALITY, MECHANICAL CONDITION, OR FITNESS, EXCEPT FOR ANY STANDARD LIMITED WARRANTY OFFERED BY ANY MANUFACTURER OF THE NON-CASH PRIZES.
Administrator may prohibit an entrant from participating in the Sweepstakes or winning any prize if, in its sole discretion, it determines that the entrant is attempting to undermine the legitimate operation of the Sweepstakes by cheating, hacking, multiple entries, deception, or other unfair practices or intending to annoy, abuse, threaten or harass any other participants or Sponsor’s or Administrator’s agents or representatives.
WARNING: ANY ATTEMPT BY A PARTICIPANT TO DELIBERATELY DAMAGE SPONSOR, ADMINISTRATOR, OR THEIR WEBSITES OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS, AND, SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR AND ADMINISTRATOR RESERVE THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH PARTICIPANT TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
Issues concerning the construction, validity, interpretation and enforce-ability of these Official Rules shall be governed by the laws of the Tennessee. All disputes arising out of or connected with this Sweepstakes will be resolved individually, and without resort to class action, exclusively by a state or federal court located in Davidson County, Tennessee and all entrants agree to the personal jurisdiction of and venue in such courts. Should there be a conflict between the laws of the State of Tennessee and any other laws, the conflict will be resolved in favor of the laws of the State of Tennessee. All judgments or awards shall be limited to actual out-of-pocket damages (excluding attorneys’ fees) associated with participation in this Sweepstakes and shall not include any indirect, punitive, incidental and/or consequential damages. The Official Rules have not been authorized, issued or approved by any court, official or agency of the United States, any state or other governmental authority or by any lawyer, law firm or insurance or brokerage company.
Winners List / Official Rules
Additional copies of these Official Rules and a list of prize winners, available after October 15, 2022 may be obtained by mailing a stamped, self-addressed envelope to:
Hercules Hold The Phone Sweepstakes
Attn: Brent Barnett
KHS America, Inc.
12020 Volunteer Blvd.
Mount Juliet, TN 37122
Vermont residents may omit postage. One request per envelope. All mail requests for a winners’ list must be received by Administrator by November 15, 2022.