Privacy Policy | H2O Wireless

H2O Wireless Retailer Survey Sweepstakes
Official Rules
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.

Sponsor: The H2O Wireless Retailer Survey Sweepstakes (“Sweepstakes”) is sponsored by Locus Telecommunications, LLC (“Locus” or “Sponsor”). H2O Wireless service is powered by Locus Telecommunications, LLC.

Eligibility: The Sweepstakes is open and offered only to H2O Wireless retailers. Apart from the criteria referenced above, the entrants, as defined in these Official Rules, \ must be (1) legal residents of the 50 United States and/or the District of Columbia with a valid government-issued photo ID who, as of the date of entry, and (2) the age of majority in their respective state/jurisdiction of permanent residence, and in no event younger than 18 years of age. In the event of any conflict or inconsistency with any other advertising, promotional or other materials, these Official Rules shall govern. Employees, officers, directors, and representatives of Locus and any entities involved in the development, implementation, or handling of the Sweepstakes and other persons associated with the Sweepstakes (collectively, the “Sweepstakes Entities”), as well as the immediate family (spouse, parents, siblings, children, step-parents, step-siblings, and step-children, regardless of where they live) and same household members of any Sweepstakes Entity (whether or not related) are not eligible to participate in the Sweepstakes. Only individuals meeting all eligibility requirements set forth in these Official Rules who are selected and register in accordance with the procedures below may participate in the Sweepstakes or win a Prize (as defined below). All federal, state, and local laws and regulations apply.

Sweepstakes Period: For all purposes of this Sweepstakes, the Sponsor’s computer is the official clock and all times refer to Eastern Standard Time. The Sweepstakes period begins at 12:01:00 a.m. on March 1, 2021 and ends at 11:59:59 p.m. on March 31, 2021 (“Sweepstakes Period”).

Drawings: The potential winners for the Prizes (defined below) will be randomly selected in a drawing following the Sweepstakes Period. The drawing will take place on or about April 10, 2021 (“Drawing”) and will include all eligible entries made during the Sweepstakes Period.

Ways to Enter: Entrants must complete a valid survey at surveymonkey.com during the Sweepstakes Period and enter the H2O Direct ID that is associated with their active H2O Direct Account. The survey can be found at https://www.surveymonkey.com/r/G7FZXB7. No entry, as defined below, will be considered complete without all of the information set forth in this paragraph.

“Entrant” means an individual who meets the eligibility requirements and enters the Sweepstakes by any means of entry identified herein. “entry” or “entries,” when referring to all entries received by the Sponsor, mean the granting of an entry to an entrant as described herein. No copies, facsimiles, or reproductions of any entry will be accepted.

Limit: Entries are limited to (1) entry by each Entrant for the Drawing, if the requirements set forth in Section 5 above are met for the Drawing. 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. 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.

Prize/Odds of Winning: For the Drawing, the Sponsor is offering the following prize to two (2) randomly drawn Entrants entered in the Sweepstakes, as applicable: one (1) Flag or one (1) Lightbox (each, a “Prize,” and collectively, the “Prizes”). The Prizes are not transferable, refundable, assignable, and have no cash value. Any depiction of the Prizes in Sweepstakes materials or otherwise is 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 the Prizes will be the sole responsibility of the Winners (as described below). Sponsor or Sponsor’s designee shall issue an IRS Form 1099 to Winners of any prize(s) valued at $600 or more for the total value of the Prize(s) won (as stated herein) in the calendar year won unless the Winners are 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 Prizes are not available.

Notification of Potential Winner: The potential winners who are chosen in the Drawing (“Potential Winners”) will be notified on the email that they provided with their respective entries and the Potential Winners will be required to provide valid contact information within seven (7) days of the Drawing Date. The Potential Winners will have three (3) days from the date of notification to respond to the notification. If any of the Potential Winners do not respond within three (3) days; are found to be ineligible; if they do not comply with these Official Rules; and/or if their prize or prize notification is returned as undeliverable, the Potential Winners will be disqualified and alternate potential winner(s) may be selected at Sponsor’s sole discretion, although Sponsor is not required to award any Prize(s) forfeited by any of the Potential Winners. The Potential Winners will be required to sign an Affidavit of Eligibility, a Liability Release (where legal), a Publicity Release and any other documentation that Sponsor requires (collectively "Affidavit/Release") within ten (10) days after receipt by the Potential Winners or such Potential Winners may be disqualified and alternate potential winner(s) for such Prize(s) may be selected. By signing the completed Affidavit/Release, the Potential Winners attest to the provisions stated therein including the accuracy of the information contained therein and compliance with these Official Rules. Sponsor may request that each Winner execute the Affidavit/Release in any format that is convenient for the Sponsor.

After the submission of all valid information, including the Affidavit/Release, the Prizes will be sent to the Winners by electronic mail within ten (10) days.

Privacy; Grant of License, Publicity: Acceptance of each Prize constitutes permission to the Sponsor to use each Winner’s name, address (city and state), photo, likeness, biographical information, statement, and/or voice for advertising/publicity purposes worldwide and in all forms of media now or hereafter known worldwide (including, without limitation, posting on the Internet and/or Sponsor’s web site or social media accounts), in perpetuity, without further notice to, opportunity to review, or compensation in connection with said Sweepstakes or the Prize(s) awarded, and (B) Sponsor has the right to modify, edit, adapt, electronically alter, use, assign and/or dispose of such entries however it sees fit and for any purpose without any notice or compensation to entrant or any third parties, unless prohibited by law. Sponsor’s privacy policy is located at https://www.h2owireless.com/policy.

General Conditions: The 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 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, at 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 the 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, at its sole discretion, reserves the right to cancel, suspend or modify the Sweepstakes or any portion(s) thereof and to conduct the Drawing and award the Prizes from all salvageable eligible entries received prior to and/or after (as appropriate) the action taken by the Sponsor, or award the Prizes 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.

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.

Governing Law, Jurisdiction, Arbitration: Any controversy or claim arising out of or relating to (A) the Sweepstakes, (B) the awarding or redemption of the Prizes, 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 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.

Name of Winner and Copy of Official Rules: To receive the Winners’ names or an additional copy of these Official Rules, send a self-addressed stamped envelope to: H2O Wireless Retailer Survey Sweepstakes, "Winner List" or "Sweepstakes Rules" (specify which), 2200 Fletcher Ave., 6th Floor, Fort Lee, New Jersey 07024. All requests must be received by April 30, 2021. The Official Rules will be available on the Sponsor’s H2O web site during the entire Promotion Period. Names of the Winners may also be posted on the Sponsor’s H2O web site and/or other social media accounts.