Ovation Up, Inc Survey Sweepstakes Giveaway Terms
NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE OR ONLINE REVIEW WILL NOT INCREASE YOUR CHANCES OF WINNING. ALL FEDERAL, STATE, LOCAL, AND MUNICIPAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED.
- Eligibility: The Ovation Up, INC Survey Sweepstakes (the “Sweepstakes”) is open only to legal residents of the United States who are an Eligible Age (defined in Section 15) as of the date of entry. Employees of the customer Ovation Up, INC who is responsible for executing the sweepstakes (the “Sponsor”), any additional participating parties, vendor and service providers of the Sponsor, and each of their respective affiliates, subsidiaries, advertising and promotion agencies, suppliers and their immediate family members and/or those living in the same household of each are not eligible to participate in the Sweepstakes. The Sweepstakes is subject to all applicable federal, state and local laws and regulations.
- Agreement to Rules: By participating, you agree to be fully unconditionally bound by these Official Rules, and you represent and warrant that you meet the eligibility requirements set forth herein. In addition, you agree to accept the decisions of the Sponsor as final and binding as it relates to the content.
- Sweepstakes Period: Begins at 12:00 a.m. Pacific Time (“PT”) on January 1 of the year the survey was taken and ends at 11:59 p.m. PT on December 31 of the year the survey was taken.
- How to Enter: You may enter the Sweepstakes by completing the survey at an OvationUP kiosk, by completing the survey on the OvationUP mobile app on your smart phone or other mobile device (“Device”) following the instructions provided to complete the entry form and submit to receive one (1) entry. Limit one (1) entry per eligible person for the duration of the Sweepstakes Period. If multiple entries are received by any entrant, only the first entry will be accepted and additional entries will be disqualified. Multiple participants are not permitted to share the same email address or Device. Any attempt by you to obtain more than one (1) entry by using multiple email addresses, identities, registrations or logins, or any other methods may void your entries and you may be disqualified from the Sweepstakes. Entries received from any person, e-mail address, Device, or household in excess of the stated limitations will be void. Any use of robotic, repetitive, automatic, programmed or similar entry methods or agents (including, but not limited to, sweepstakes entry services) will void all entries by that entrant. In the event of a dispute as to any entry, the authorized account holder of the Device or email address used to enter will be deemed to be the entrant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Otherwise, the “authorized account holder” of a Device is the natural person in whose name the Device has been issued and the services are billed. All entries become the property of Sponsor and will not be acknowledged.
- Prizes: Winners will receive the prize as listed on the kiosk or backend system by the OvationUp Customer (Sponsor) at the time the Customer determines the prize shall be rewarded. Actual value may vary at the time of the award. No cash or other prize substitution permitted except in the Sponsor’s discretion. The prize is nontransferable. Any and all prize related expenses, including without limitation any and all federal, state, and/or local taxes shall be the sole responsibility of the winner. No transfer/assignment of prize to others or request for the cash equivalent by winners is permitted. Acceptance of prize constitutes permission for the Sponsor and their client who delivers the prize to use winner’s name, likeness (photograph and/or videotaped/filmed image), statements regarding the Sweepstakes, and entry information in commerce and all media worldwide, including but not limited to the internet and social media platforms, for advertising and trade purposes without time or territorial limitations and without additional compensation, notice or approval, unless prohibited by law.
- Odds: The odds of winning depend on the number of eligible entries received during the Sweepstakes Period.
- Winner selection and notification: The winner of the Sweepstakes will be selected in a random drawing under the supervision of the Sponsor. The Winner will be notified via email or text to the email address or phone number entered in the Sweepstakes within five (5) days following the winner selection. The Sponsor shall have no liability for a winner’s failure to receive notices due to winner’s spam, junk e-mail or other security settings or for winner’s provision of incorrect or otherwise non-functioning contact information. If the selected winner cannot be contacted, is ineligible, fails to claim the prize within 15 days from the time award notification was sent, or fails to timely return a completed and executed declaration and release as required, the prize may be forfeited and an alternate winner selected.
The receipt by winner of the prize offered in this Sweepstakes is conditioned upon compliance with any and all federal and state laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY ANY WINNER (AT SPONSOR’S SOLE DISCRETION) WILL RESULT IN SUCH WINNER’S DISQUALIFICATION AS WINNER OF THE SWEEPSTAKES AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.
- Rights Granted by you: By entering the Sweepstakes you understand that the Sponsor, anyone acting on behalf of the Sponsor, or its respective licensees, successors and assigns will have the right, where permitted by law, without any further notice, review or consent to print, publish, broadcast, distribute, and use, worldwide in any media now known or hereafter in perpetuity and throughout the World, your entry, including, without limitation, the entry and winner’s name, portrait, picture, voice, likeness, image or statements about the Sweepstakes, and biographical information as news, publicity or information and for trade, advertising, public relations and promotional purposes without any further compensation, notice of consent.
- Terms: The Sponsor reserves the right, in its sole discretion to cancel, terminate, modify or suspend the Sweepstakes should (in its sole discretion) a virus, bugs, non-authorized human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Sweepstakes. In such case, the Sponsor may select the recipients from all eligible entries received prior to and/or after (if appropriate) the action taken by the Sponsor. The Sponsor reserves the right at its sole discretion to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Sweepstakes or website or violates these Official Rules.
The Sponsor has the right, in its sole discretion, to maintain the integrity of the Sweepstakes, to void votes for any reason, including, but not limited to; multiple entries from the same user from different IP addresses; multiple entries from the same computer in excess of that allowed by sweepstakes rules; or the use of bots, macros or scripts or other technical means for entering. Any attempt by an entrant to deliberately damage any web site or undermine the legitimate operation of the sweepstakes may be a violation of criminal and civil laws and should such an attempt be made, the Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law.
By entering the Sweepstakes you agree to receive email newsletters, phone calls, and/or text messages periodically from the Sponsor or any client of Sponsor at whose location you entered this sweepstakes. You can opt-out of receiving this communication at any time by clicking the unsubscribe link in the newsletter.
- Limitation of Liability: By entering you agree to release and hold harmless the Sponsor and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers and directors from any liability, illness, injury, death, loss, litigation, claim or damage that may occur, directly or indirectly, whether caused by negligence or not, from (i) your participation in the Sweepstakes and/or your acceptance, possession, use, or misuse of any prize or any portion thereof, (ii) technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network, hardware or software; (iii) the unavailability or inaccessibility of any transmissions or telephone or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Sweepstakes; (v) electronic or human error which may occur in the administration of the Sweepstakes or the processing of entries.
- Disputes: THIS SWEEPSTAKES IS GOVERNED BY THE LAWS OF THE UNITED STATES AND UTAH, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Sweepstakes, participant agrees that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or connected with this Sweepstakes, shall be resolved individually, without resort to any form of class action, exclusively before a court located in Utah having jurisdiction. Further, in any such dispute, under no circumstances will participant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental, or consequential damages, including reasonable attorneys’ fees, other than participant’s actual out-of-pocket expenses (i.e. costs associated with entering this Sweepstakes), and participant further waives all rights to have damages multiplied or increased.
- Winners List: To obtain a copy of the winner’s name or a copy of these Official Rules, mail your request along with a stamped, self-addressed envelope to: Ovation Up, INC 833W 1800N Mapleton, UT 84664.
- Sponsor: The Sponsor of the Sweepstakes is the customer of Ovation Up, INC at which the survey was taken or form whom the survey was sent.
- Age eligibility. The “Eligible Age” for an entrant is determined using the table below and the entrant’s state of residence.