h2o® One Month of Free Service Sweepstakes
NO PURCHASE OR PAYMENT REQUIRED TO ENTER OR TO WIN. VOID WHERE PROHIBITED. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. YOU HAVE NOT YET WON. MUST BE LEGAL RESIDENT OF THE UNITED STATES AT LEAST, 18 YEARS OLD OR AGE OF MAJORITY, WHICHEVER IS OLDER IN YOUR STATE OF RESIDENCE AT DATE OF ENTRY IN THIS SWEEPSTAKES. VOID IN PUERTO RICO, ALL U.S. TERRITORIES AND POSSESSIONS AND WHERE PROHIBITED BY LAW.
This h2o One Month of Free Service Sweepstakes (“Sweepstakes”) is open solely to individual h2o customers (excluding customers enrolled in h2o Wireless Auto Recharge Program and h2o Friends & Family Plan) who (A) has an MDN (as that term is defined below) associated with that customer’s h2o® Wireless $30/$35/40/50/60 Monthly Unlimited Plan (“Plan”), and (B) makes at least two (2) consecutive recharges to the Plan associated with the MDN during the Promotion Period (as that term is defined below); (C) is a permanent legal resident of the forty seven (47) states of the United States ("U.S.") and the District of Columbia ("D.C.") (excluding Rhode Island, Alaska, Hawaii, Guam, Puerto Rico, and all other U.S. and foreign territories and possessions), and (D) who is at least, eighteen (18) years of age or the age of majority, whichever is older in the state of residence of the entrant at the date of entry into Sweepstakes. “MDN” means the actual phone number one would dial to reach a specific mobile phone and that is associated with the Plan that is recharged as described herein.
To be eligible to receive any prize (as that term is defined below), an entrant must meet the eligibility requirements at time the prize is awarded. All participants must remain h2o customers and have the same Plan and the same MDN as at the time of the second recharge and through to and including the time until prize is applied. The charges and any other fees for services for the Plan and the MDN to which the prize is credited will be charged at the then current rates at time of consumption and the services, Plan, MDN, and/or device shall be governed by the General Terms and Conditions, located at https://www.h2owirelessnow.com/mainControl.php?page=Tc. Entrants, potential winners, and/or winners are not obligated to remain an h2o Wireless customer, including after receipt of the prize, and may terminate their Plan as may be provided in the General Terms and Conditions.
Employees of Locus Telecommunications, LLC (“Sponsor”), those involved in the production, development, implementation or handling of the Sweepstakes, any agents acting for, or on behalf of the above entities, their respective parent companies, officers, directors, subsidiaries, franchisees, affiliates, licensees, service providers, and any other person or entity associated with the Sweepstakes (collectively "Sweepstakes Entities") and/or members of their immediate families (spouses, children, siblings, parents) and/or persons living in the same household as such persons, whether or not related, are ineligible to enter the Sweepstakes.
2. PROMOTION PERIOD: For all purposes of this Sweepstakes, the Sponsor’s computer is the official clock and all times refer to Eastern Time. Beginning begins at 12:01:00 a.m. ET on April 3, 2017 and ending at 11:59:59 p.m. ET on June 30, 2017 (“Promotion Period”).
3. TWO DRAWINGS: Potential winners for the prize will be randomly selected in the following two (2) separate drawings during the Promotion Period: (A) the first drawing will be held on or about June 9, 2017 (“First Drawing”) and will be from all eligible entries received between 12:01:00 a.m. April 3, 2017 and 11:59:59 p.m. May 31, 2017 (“First Time Period”); and (B) the second drawing will be held on or about July 10, 2017 (“Second Drawing”) and will be from all eligible entries received between 12:01:00 a.m. May 1, 2017 and 11:59:59 p.m. June 30, 2017 (“Second Time Period”).
4. WAYS TO ENTER:
A. h2o customers will automatically receive an entry(ies) as follows: (i) one (1) entry into the First Drawing when the first and second consecutive recharges are made for the same Plan and for the same MDN during the First Time Period; and (ii) one (1) entry into the Second Drawing when the first of two consecutive recharges is made during the First Time Period or Second Time Period and the second consecutive recharge is made during the Second Time Period and both recharges are made for the same Plan and for the same MDN.
B. Alternate method of entry. During the Promotion Period, entrants may alternatively enter the Sweepstakes by mailing a plain piece of 3” x 5” paper on which is hand printed the name of the Sweepstakes and the entrant’s following information: first and last name, MDN, email address, and mailing address (no post office box addresses accepted), city, state and zip code, in a stamped, hand-addressed, business-size envelope to: h2o One Month of Free Service Sweepstakes, c/o Locus Telecommunications, LLC, 2200 Fletcher Ave, 6th Flr., Fort Lee, NJ 07024 and must be received during the First Time Period for the First Drawing and during the Second Time Period for the Second Drawing (“AMOE”) Only one (1) handwritten entry per envelope is allowed. AMOE entries must contain all entry fields to be entered, otherwise void.
“entrant(s)” means an individual who meets the eligibility requirements and enters the Sweepstakes by any means of entry identified herein. “entry(ies)” means the granting of an entry to an entrant(s) as described herein. No copies, facsimiles, or reproductions of any entry will be accepted.
Limit one (1) Entry per EACH MDN for EACH of the FIRST DRAWING AND the SECOND DRAWING. REGARDLESS OF THE METHOD OF ENTRY, ALL ENTRIES must be received by SPONSOR BY OR ON the end date of the First Time Period or Second Time Period for EACH OF the FIRST DRAWING and/OR the SECOND DRAWING, AS APPROPRIATE. ENTRANTS WHO SUBMIT MULTIPLE ENTRIES OF ANY KIND IN EXCESS OF THE LIMITS STATED HEREIN, WILL BE DISQUALIFIED. All entries become the exclusive property of Sponsor, and none will be acknowledged or returned. Proof of sending or submission will not be deemed to be proof of receipt by Sponsor.
All federal, state, and local laws and regulations apply. All information required for an entry ("Entry Information") must be completed in full, be accurate and valid. The Entry Information must match the information of the entrant that completed the act of physically entering the Sweepstakes. Any attempt by an entrant to obtain more than the stated number of entries by using multiple/different email addresses, identities, registrations, logins or any other methods, including, but not limited to, commercial contest/sweepstakes subscription notification and/or entering services, will void that entrant’s entries and that entrant may be disqualified. Final eligibility for the award of any prize is subject to eligibility verification and other conditions and requirements, as set forth herein.
5. PRIZE/ODDS OF WINNING: For each of the First Drawing and Second Drawing, Sponsor is offering the following prize to each of ten (10) randomly drawn entry(ies) entered in the Sweepstakes during the time periods for the First Drawing and/or the Second Drawing, as applicable: one (1) month’s recharge to be delivered as a credit from h2o Wireless and applied directly to the winner’s same Plan and same MDN for which the second recharge was made and in an amount equal to the second recharge amount (each, a “prize”). No prize will exceed a credit of $60.00. Each prize will be credited to the winner’s same Plan and for the same MDN for which the second recharge applied, within ten (10) days, but not more than ninety (90) days, from receipt by Sponsor of an Affidavit correctly completed by the potential winner and at the end of the next thirty (30) day service cycle for that same Plan and same MDN. Odds of winning the prize depends on the total number of eligible entries granted during the Promotion Period. If the Plan and associated MDN is terminated or not renewed before expiration or a potential winner switches between plans, the remaining unused balance of the prize will be forfeited. At the conclusion of the service, any unused portion of the prize will be forfeited.
Prize(s) is not transferable, refundable, assignable, and have no cash value. The prize(s) and prize notification(s) will only be apply to an MDN associated with a Plan within the forty seven (47) states of the U.S. and the District of Columbia ("D.C.") (excluding Rhode Island, Alaska, Hawaii, Guam, Puerto Rico, and all other U.S. and foreign territories and possessions). Any depiction of prize(s) in Sweepstakes materials or otherwise are for illustrative purposes only. All federal, state, or other tax liabilities (including but not limited to income taxes) arising from participation in the Sweepstakes or award of any prize(s) will be the sole responsibility of the winner(s). Sponsor or Sponsor’s designee shall issue an IRS Form 1099 to each winner of a prize valued at $600 or more for the total value of the prize won (as stated herein) in the calendar year won unless the winner is exempt by law from receiving a 1099. Sponsor reserves the right to substitute any prize with another prize of equal or greater value if the advertised price is not available. Sponsor is not required to aware elsewhere any prized forfeited by the chosen winner.
6. NOTIFICATION OF WINNERS: Potential winners will be notified via the MDN, SMS, email, mail, or phone at the contact information provided for or associated with an entry within approximately seven (7) days of the Drawing Date. Potential winners will have three (3) business days to respond to the notification. If a potential winner does not respond within three (3) business days; is found to be ineligible; if he/she does not comply with these Official Rules; if his/her prize or prize notification is returned as undeliverable, potential winner will be disqualified and an alternate potential winner may be selected at Sponsor’s sole discretion. Potential winner will be required to sign, execute, have notarized and return an original unmodified Affidavit of Eligibility, a Liability Release, (where legal) a Publicity Release and any other documentation that Sponsor requires (collectively "Affidavit/Release") within ten (10) business days after receipt by the potential winner or such potential winner may be disqualified and an alternate potential winner for such prize may be selected. By returning the completed Affidavit/Release, winner attests to the provisions stated therein including the accuracy of the information contained therein and compliance with these Official Rules.
8. GENERAL CONDITIONS: Sweepstakes is subject to these Official Rules and all federal, state and local laws and regulations (collectively, the "Rules and Laws"). By entering the Sweepstakes, entrants agree and acknowledge to be bound by the these Rules and Laws, as well as the decisions of the Sponsor which are final and binding in all respects; to waive any rights to claim ambiguity with these Rules and Laws and the Official Rules; to indemnify and hold harmless the Sweepstakes Entities from any and all liability resulting or arising from use of any submitted entry; and to release all rights to bring any claim, action or proceeding against the Sweepstakes Entities. 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 the Official Rules, or to be acting in an unsportsmanlike or disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person. Any person attempting to defraud or tamper with Sweepstakes will be prosecuted and is not eligible for a prize. If, for any reason, the Sweepstakes is not capable of running as originally planned, Sponsor in its sole discretion, reserves the right to cancel, suspend or modify the Sweepstakes or any portion(s) thereof and to conduct the drawing(s) and award the prize(s) from all salvageable eligible entries received prior to and/or after (as appropriate) the action taken by the Sponsor, or award the prize(s) in a manner that is fair and equitable. The Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of the Official Rules of the Sweepstakes or any other promotion, or in an unsportsmanlike or disruptive manner, from participation in the Sweepstakes or any other promotions sponsored by Locus Telecommunications, LLC. Any attempt by any person to undermine the legitimate operation of any part of any Sweepstakes may be a violation of criminal and civil law, 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. The Sponsor’s failure to enforce any term of the Official Rules shall not constitute a waiver of that provision.
9. Disclaimers and Limitation of Liability:
THE SWEEPSTAKES AND PRIZES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
IN NO EVENT WILL THE SWEEPSTAKES ENTITIES, THEIR PARENTS, AFFILIATES, SUBSIDIARIES AND RELATED COMPANIES, THEIR ADVERTISING OR PROMOTION AGENCIES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS (“RELEASED PARTIES”), BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE SWEEPSTAKES. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO ENTRANTS. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
Sweepstakes Entities are not responsible or liable for entries that are entered by other than human means (such as by an automated computer program or any non-human mechanism, entity, or device), in excess of the stated limit, or for entries that are illegible, late, tampered with, forged, incomplete, misdirected, deleted, damaged, lost, misplaced, stolen, delayed, inaccurate, invalid, destroyed, mechanically reproduced and/or mass machine printed, postage-due, mutilated, entries not received in time for the random drawing. or otherwise not in compliance with these Official Rules and such entries will be disqualified. Illegible and/or unintelligible entries will be disqualified and void.
Except where prohibited by law, by entering the Sweepstakes, entrants agree and acknowledge that the Sweepstakes Entities shall have no responsibility or liability (including, but not limited to, liability for any property loss, damage, personal injury or death) in connection with: participation in this Sweepstakes; human error; incorrect or inaccurate transcription of entry Information; acceptance/possession, use/misuse, and/or defects of the prize(s) awarded herein; typographical errors in Sweepstakes promotional material; any technical malfunctions of the telephone network, computer online system, computer dating mechanism, computer equipment, software, or internet service provider utilized by Sweepstakes; interruption or inability to access the Sweepstakes, the Sponsor’s website, or any online service via the internet due to hardware or software compatibility problems; any damage to entrant’s (or any third person’s) computer/mobile device and/or its contents related to or resulting from any part of this Sweepstakes even if caused by the negligence of one of the Sweepstakes Entities.
Entrants further agree to indemnify and hold harmless the Sweepstakes Entities from any and all liability resulting or arising from the Sweepstakes. Sweepstakes Entities shall not be liable for any injury, death, damage, loss, expense, accident, delay, inconvenience or irregularity that may be caused by or have contributed to (1) any wrongful, negligent or unauthorized act or omission on the part of any other person or entity not an employee of Sponsor, or (2) any other cause, condition or event whatsoever beyond the control of Sponsor or its parents, subsidiaries and affiliated companies. The failure of Sponsor to comply with any provision of these Official Rules due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of Sponsor (excepting compliance with applicable codes and regulations) or other force majeure event will not be considered a breach of these Official Rules. No more than the stated number of prizes for any individual sweepstakes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than stated number of prizes as set forth in any individual Sweepstakes to be claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims.
10. GOVERNING LAW, JURISDICTION, ARBITRATION: Any controversy or claim arising out of or relating to (A) the Sweepstakes, (B) the awarding or redemption of any prize, and/or (C) the determination of the scope or applicability of these Official Rules or their enforcement or interpretation shall be governed by and construed in accordance with the substantive laws of the state of New Jersey without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s laws. Any controversy or claim arising out of or relating to this agreement, its enforcement, arbitrability or interpretation shall be submitted to final and binding arbitration, to be held in Fort Lee, New Jersey, before a single arbitrator. The arbitrator shall be selected by mutual agreement of Sponsor and the entrant or entrants bringing forth the controversy or claim (collectively, the "Parties") or, if the Parties cannot agree, then by striking from a list of arbitrators supplied by the American Arbitration Association. The arbitration shall be a confidential proceeding, closed to the general public. The arbitrator shall issue a written opinion stating the essential findings and conclusions upon which the arbitrator’s award is based. The Parties will share equally in payment of the arbitrator’s fees and arbitration expenses and any other costs unique to the arbitration hearing (recognizing that each side bears its own deposition, witness, expert and attorneys" fees and other expenses to the same extent as if the matter were being heard in court). Entrant(s) agrees that his/her claim will be resolved individually, exclusively by arbitration, without resort to any form of class action. Entrant(s) further agrees that any claim/judgment/award in such arbitration shall be limited to actual out- of-pocket costs incurred, including costs associated with participating in the Sweepstakes but in no event attorneys’ fees; and, under no circumstances, will an entrant(s) be entitled to awards for and entrant(s) hereby waives all rights to claim 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 increased. Should any term of this section be deemed void, unenforceable or contrary to law, such term shall, but only to the extent necessary to bring this section within the requirements of law, be deemed to be severed from the other terms of these Official Rules, and the remainder of these Official Rules shall be given effect as if it had not included the severed term herein. THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING OUT OF OR RELATING TO THIS AGREEMENT WHETHER SOUNDING IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF.
11. Name of Winner and Copy of Official Rules: To receive the winner’s name or an additional copy of these Official Rules, send a self-addressed stamped envelope to: h2o One Month of Free Service Sweepstakes, "Winner’s List" or "Sweepstakes Rules" (specify which), 2200 Fletcher Ave., 6th Floor, Fort Lee NJ 07024. All requests must be received by June 30, 2017. The Official Rules will be available on the Sponsor’s h2o web site during the entire Promotion Period. Name of winners may also be posted on the Sponsor’s h2o web site and/or other social media accounts.
12. Sponsor: The Sponsor of the Sweepstakes is Locus Telecommunications, 2200 Fletcher Avenue, 6th Floor, Fort Lee NJ 07024.
© 2017 Locus Telecommunications, LLC. Participants may copy these Official Rules for personal use only and not for any commercial purpose whatsoever. “h2o” and “h2o Wireless” are dbas of Locus. “h2o” is a registered trademark of Locus. “iPhone” is a registered trademark of Apple, Inc. All rights reserved.