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No purchase is necessary to enter or win. A purchase does not increase the chances of winning. This sweepstakes is void where prohibited by law.
1. Eligibility: This Sweepstakes is open only to those who are: 1) 18 years of age or older as of the date of entry; 2) residents of the United States; 3) own a cell phone in need of repair for which Sponsor has the requisite parts at a location nearby the potential winner; (the "Eligible Device"); and 4) have a valid Facebook or Instagram account. The Fix It Friday ("Sweepstakes") is void outside the United States and where prohibited or restricted by law.
Whether an Eligible Device is eligible is determined in Sponsor's sole discretion, including but not limited to the requirement that the Eligible Device is in need of repair and whether Sponsor has the requisite parts to perform the repair at a location nearby the potential winner.
The Sponsor of the Sweepstakes is Batteries Plus, LLC ("Sponsor"). All employees of Sponsor, its affiliates, subsidiaries, advertising and promotion agencies and suppliers, (collectively the "Employees"), and immediate family members and/or those living in the same household of Employees, are not eligible to participate in the Sweepstakes. The Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Facebook or Instagram.
2. Agreement to Rules: By participating, the participant ("You" or "Participant") agrees to be fully and unconditionally bound by these Official Rules, and You represent and warrant that You meet the eligibility requirements. In addition, You agree to accept the decisions of Sponsor as final and binding as they relate to the content of this Sweepstakes. Sponsor reserves the right to modify the rules of the Sweepstakes in any way at any time, subject to state or federal law.
3. Sweepstakes Period: The Sweepstakes will run once a month for twelve months, beginning in October 2019 and ending in September 2020. Entries will be accepted starting on the first Wednesday of the month at 8:01am Central and ending on the first Friday of the month at 10:00am Central (each, a "Sweepstakes Period.") All entries must be received and recorded by the Sponsor during the applicable Sweepstakes Period to be eligible for that month's drawing.
4. How to Enter: You can enter the Sweepstakes in one of two ways: 1) upload and post a photo of Your Eligible Device in the comment section of Sponsor's Facebook post describing the Sweepstakes; or 2) upload and post a photo of Your Eligible Device on Your Instagram and tag @Batteriesplus] in the post (each, an "Entry"). Entries must include Your location (city and state) and the make and model of Your Eligible Device. Entry must be set to "public." One Entry per person is permitted. Duplicate Entries will be rejected for entry in the Sweepstakes.
By entering the Sweepstakes, You represent and warrant that the material you submit with Your Entry is Your original work of authorship and does not violate any third party's proprietary or intellectual property rights; that You are the sole author and creator of the content; and that You have obtained the consent of any other person featured in the content You further represent and warrant that You own and have the right to convey all right, title and interest in the content You submit with Your Entry. If the Entry infringes upon the intellectual property rights of another, You will be disqualified at the sole discretion of Sponsor. If the content of an Entry is claimed to constitute infringement of any proprietary or intellectual property rights of any third party, you shall, at your sole expense, defend or settle against such claims. You shall indemnify, defend, and hold harmless Sponsor from and against any suit, proceeding, claims, liability, loss, damage, costs, or expense, which Sponsor may incur, suffer, or be required to pay arising out of such infringement or suspected infringement of any third party's right.
By submitting an Entry, You consent to the use of Your name, voice, photograph, other likeness, and Entry by Sponsor for public relations, advertising, and promotional purposes in perpetuity, worldwide, in any and all media unless prohibited by law.
Participant agrees that Sponsor has the right to verify the ownership and originality of the Entry and that, upon Sponsor's request, Participant must submit a written copy of any release or permission Participant has received from a third party granting the Participant the right to use such property. Participant understands and acknowledges that in the event a Participant is selected as a winner, and Participant's ownership, rights, and the originality of the Entry cannot be verified to the satisfaction of Sponsor or is in any other way ineligible, Sponsor may select an alternate winner.
You may not enter more times than indicated by using multiple accounts, identities, or devices in an attempt to circumvent the rules. If You use fraudulent methods or otherwise attempt to circumvent the rules, Your Entry may be removed from eligibility at the sole discretion of Sponsor. Entries that include profanity, are non-responsive, are threatening, harassing, or abusive in any way, or violate the rights of any third-party, as determined in Sponsor's sole discretion, will be deemed ineligible and participant shall be disqualified.
Sponsor is not responsible for lost, misdirected, late, unsent, incomplete, illegible or unintelligible entries or for inaccurate information included on any Entry, whether caused by You or by any of the equipment or programming associated with or utilized in this Sweepstakes, or by any technical or human error that may occur in the transmittal of any entry or the processing of any function on Your computer system. Any use of robotic, automatic, programmed, or similar response methods will void all such Entries submitted by such methods. You must notify Sponsor of any changed contact information within the Sweepstakes Period to remain eligible to win.
5. Prizes: The potential winner will receive a repair of his or her Eligible Device at one of Sponsor's locations up to a maximum $400 value and a swag bag of Sponsor's products (the "Prize"). The approximate retail value of the total of all prizes throughout the Sweepstakes is $2400. Actual/appraised value may differ at time of prize award. The specifics of the prize shall be solely determined by Sponsor.
The chances of winning depend on the number of Entries received. Any and all prize- related expenses, including without limitation any and all federal, state, and/or local taxes, shall be the sole responsibility of winner. No substitution of prize or transfer/assignment of prize to others or request for the cash equivalent is permitted, except by Sponsor due to prize availability and then with a prize of equal or greater value. Any expenses not mentioned are the sole responsibility of the winner, including but not limited to travel to and from Sponsor's store to pick up and drop off Eligible Device for repair. Winner is solely responsible for any parts, install or service performed that exceeds $500.
Depending on the make, model, and nature of the repair needed for the Eligible Device, Sponsor may not have the requisite parts to perform the repair. In this case, Sponsor reserves the right in its sole discretion to substitute the prize with a prize of equal or greater value or to disqualify potential winner and select another potential winner from the remaining eligible Entries. Repair may not be combined with other offers. Other restrictions may apply.
6. Winner Selection and Notification: One potential winner will be selected in a random drawing on or around the first Friday of the month per applicable Sweepstakes Period. The potential winner will be notified by a Sponsor representative via Facebook or Instagram message or email during the second week of the month. Sponsor shall have no liability for any winner's failure to receive notices due to spam, junk e-mail or other security settings, or for any winner's provision of incorrect or otherwise non-functioning contact information.
Potential winner must respond within 48 hours of being contacted by Sponsor. If Sponsor requests, winners must provide their approximate location to Sponsor to determine the closest participating Sponsor location to service the Eligible Device. The Prize must be redeemed and Eligible Device must be serviced by the end of the month, or the prize will be forfeited and another Participant may be chosen at random.
If Sponsor requests, each winner must also sign a liability and publicity release, allowing Sponsor to use the winner's Entry and name, portrait, picture, voice, likeness, image or statements about the Sweepstakes, and biographical information. Failure to complete these forms may result in forfeiture of the prize. Sponsor will make the final determination of identity of potential winners in its sole discretion. In the event that a winner is disqualified for any reason, Sponsor may select an alternate winner at random from the remaining participants. Receipt by winner of the prize offered in this Sweepstakes is conditioned upon compliance with any and all federal, state and local laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY WINNER (AT SPONSOR'S SOLE DISCRETION) WILL RESULT IN WINNER'S DISQUALIFICATION AS WINNER OF THE SWEEPSTAKES, AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.
7. Terms & Conditions: Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Sweepstakes should virus, bug, non-authorized human intervention, fraud, or other cause beyond Sponsor's control corrupt or affect the administration, security, fairness, or proper conduct of the Sweepstakes. In such a case, Sponsor may select the winner from all eligible Entries received prior to and/or after (if appropriate) the action. Sponsor reserves the right, in its sole discretion, to disqualify any individual found to be tampering with the Entry process or the operation of the Sweepstakes, to be acting in violation of these Official Rules, or to be acting with intent to annoy, abuse, threaten, or harass any other person. Sponsor has the right, in its sole discretion, to maintain the integrity of the Sweepstakes, to void Entries 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 Official Rules; or the use of bots, macros, scripts, or other technical means for entering. Any attempt by a Participant to deliberately damage any website or undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil laws. Should such an attempt be made, Sponsor reserves the right to seek damages to the fullest extent permitted by law.
8. Warranty Disclaimer and Limitation of Liability: By entering the Sweepstakes, You agree to release and hold harmless Sponsor, Facebook, Instagram, and their 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 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 malfunction of any computer, cable, network, hardware, or software, or other mechanical equipment; (iii) the unavailability or inaccessibility of any transmissions, telephone, or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Sweepstakes; (v) electronic or human error in the administration of the Sweepstakes or the processing of entries; and (vi) the repair of the Eligible Device.
Sponsor expressly disclaims all warranties express or implied associated with the repair, whether oral, written or in any other form, including warranties of merchantability or fitness for a particular purpose. Seller is not liable for special, indirect, incidental or consequential damages, including loss, damage, personal injury, or any other expense directly or indirectly arising from the use of or inability to use the Eligible Device after the repair, including loss of data.
9. Disputes: This Sweepstakes is governed by the laws of the State of Wisconsin, without regard to its conflict of laws provisions. As a condition of participating in this Sweepstakes, Participant agrees that any and all disputes that 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 Wisconsin, and the parties hereby consent to the jurisdiction of said court. Further, in any such dispute, under no circumstances shall Participant be permitted to obtain awards for, and hereby waives all rights to, punitive, incidental, or consequential damages, including reasonable attorney's fees, other than Participant's actual out-of-pocket expenses (i.e. costs associated with entering this Sweepstakes). Participant further waives all rights to have damages multiplied or increased.
10. 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: 1325 Walnut Ridge Drive, Hartland, WI 53029.
Requests must be received no later than 11/1/2020, at 5pm PST.
By reviewing these rules, You, the Participant, have affirmatively reviewed, accepted, and agreed to all of the Official Rules.
If you have any questions regarding the Sweepstakes, please contact Sponsor at 1325 Walnut Ridge Drive, Hartland, WI 53029.