As of May 1, 2016, the option to enter the Sweepstakes by mail will be discontinued due to the receipt of a large number of mailed in entries that could not be authenticated. Entries received by mail before May 1 will be honored, provided that they can be authenticated and otherwise conform to these Official Rules.
1. SWEEPSTAKES. The Kraus USA Product Rating Sweepstakes (the “Sweepstakes”) is a promotion, offering prizes to entrants selected at random. The Sweepstakes is sponsored by Kraus USA Inc. (the “Sponsor”).
2. ENTRY PERIOD. The entry period for the Sweepstakes begins on September 10, 2015, at 12:00 AM Eastern Daylight Time (“EDT”) and ends on December 31, 2016, at 11:59 PM EST (the “Sweepstakes Period”), and will be divided into sixteen(16) separate entry periods (each, an “Entry Period”).
|Entry Period||Start and End Dates/Times||1||July 1, 2015 at 12:00 AM EDT to July 31, 2015 at 11:59 PM EDT|
|2||August 1, 2015 at 12:00 AM EDT to August 31, 2015 at 11:59 PM EDT|
|3||September 1, 2015 at 12:00 AM EDT to September 30, 2015 at 11:59 PM EDT|
|4||October 1, 2015 at 12:00 AM EDT to October 31, 2015 at 11:59 PM EDT|
|5||November 1, 2015 at 12:00 AM EDT to November 30, 2015 at 11:59 PM EST|
|6||December 1, 2015 at 12:00 AM EST to December 31, 2015 at 11:59 PM EST|
|7||January 1, 2016 at 12:00 AM EST to January 31, 2016 at 11:59 PM EST|
|8||February 1, 2016 at 12:00 AM EST to February 29, 2016 at 11:59 PM EST|
|9||March 1, 2016 at 12:00 AM EST to March 31, 2016 at 11:59 PM EDT|
|10||April 1, 2016 at 12:00 AM EDT to April 30, 2016 at 11:59 PM EDT|
|11||May 1, 2016 at 12:00 AM EDT to May 31, 2016 at 11:59 PM EDT|
|12||June 1, 2016 at 12:00 AM EDT to June 30, 2016 at 11:59 PM EDT|
|13||July 1, 2016 at 12:00 AM EDT to July 31, 2016 at 11:59 PM EDT|
|14||August 1, 2016 at 12:00 AM EDT to August 31, 2016 at 11:59 PM EDT|
|15||September 1, 2016 at 12:00 AM EDT to September 30, 2016 at 11:59 PM EDT|
|16||October 1, 2016 at 12:00 AM EDT to October 31, 2016 at 11:59 PM EDT|
|17||November 1, 2016 at 12:00 AM EDT to November 30, 2016 at 11:59 PM EST|
|18||December 1, 2016 at 12:00 AM EST to December 31, 2016 at 11:59 PM EST|
|19||January 1, 2017 at 12:00 AM EST to January 31, 2017 at 11:59 PM EST/td>|
|20||February 1, 2017 at 12:00 AM EST to February 28, 2017 at 11:59 PM EST|
|21||March 1, 2017 at 12:00 AM EST to March 31, 2017 at 11:59 PM EDT|
|22||April 1, 2017 at 12:00 AM EDT to April 30, 2017 at 11:59 PM EDT|
|23||May 1, 2017 at 12:00 AM EDT to May 31, 2017 at 11:59 PM EDT|
Sponsor’s computer maintains the official time for the Sweepstakes.
3. ELIGIBILITY. Legal residents of the United States and the District of Columbia, Puerto Rico and the territory of Guam who are at least 18 years at the time of entry shall be eligible for participation in the Sweepstakes. The Sweepstakes is not open to owners, employees, contractors or agents of Sponsor or its parent companies, affiliates, subsidiaries, franchisees, agents, partners, advertising and promotion agencies, fulfilment companies, and members of their immediate family (defined as spouse, parent, sibling, child and respective spouses regardless of where they reside) and/or those living in the same household of such persons, whether related or not.
Eligibility of entries and winning entries will be determined by judges appointed by the Sponsor. Selection of winners will be by random drawing. The decisions of the judges in all matters relating to the Sweepstakes shall be final.
All applicable federal, state and local laws and regulations apply.
4. HOW TO ENTER. To be automatically entered into the Sweepstakes:
PLEASE NOTE THAT YOUR REVIEW(S) MUST BE IN ACCORDANCE WITH THE CUSTOMER RATING AND REVIEW TERMS AND CONDITIONS, WHICH ARE SUMMARIZED IN SECTION 5 BELOW.
Entries generated by a script, computer programs, macro, programmed, robotic or other automated means are void and will be disqualified. You may not submit entries with multiple email addresses, or use any device or artifice to submit entries multiple times or as multiple entrants. Any entrant who attempts to submit multiple entries, with multiple email addresses, under multiple identities or uses any other device or artifice to subvert the entry process will be disqualified from participation in the Sweepstakes, and all product reviews and entries submitted by that entrant will be void.
Any entry that fails to comply in all respects with these Official Rules is subject to disqualification, as determined by Sponsor in Sponsor’s sole discretion.
Sponsor shall have no obligation to provide notice of disqualification from the Sweepstakes.
5. CUSTOMER RATING AND REVIEW TERMS AND CONDITIONS
Sponsor reserves the right not to publish any review that does not follow these guidelines or is deemed inappropriate for posting at Sponsor’s sole discretion.
Please be advised that if your review is deemed appropriate by Sponsor, it may take 72 hours for it to appear on the Site.
In addition to the Guidelines above, all reviews are subject to Sponsor's Customer Ratings and Reviews Terms and Conditions, which govern all reviews on the Site, including those submitted as part of the Sweepstakes.
6. RANDOM DRAWING; ODDS OF WINNING. Approximately two weeks after the end of each of the 18 Entry Periods, a random drawing will be conducted by a third party organization from all eligible entries received during the applicable Entry Period to determine the (1) winner for that Entry Period. The odds of winning depend on the total number of eligible Entries received during the Entry Period. Non-winning entries will not be carried over into subsequent Entry Period drawings.
7. USE OF YOUR ENTRY INFORMATION.
(b)Product Reviews. By submitting a product review as part of an entry, you hereby grant your irrevocable permission, in perpetuity, without limitation to other rights granted hereunder, for the product review to be posted on the Site, other sites Sponsor now has or may create, sites owned by Sponsor’s successor and on sites owned or operated by our retail partners. We will not identify you by name, but rather by a nickname of your choice that we request in the submission form, together with your city, state and gender. You agree that Sponsor is not responsible for any unauthorized use by third parties of your product reviews.
8. PRIZE VALUES AND ODDS OF WINNING.
The winners will be notified within seven (7) days of the drawing in person or by the email addresses, street addresses or telephone numbers provided in their entries. By entering the Sweepstakes, you acknowledge that we or our designer may notify you, in person, that you are a winner, that we may videotape and/or photograph your reaction upon hearing the news, and that we may use any or all of the resulting audiovisual work and images, together with your name, your image and “performance” in the audiovisual work (including what you say) and your identity as a winner of the Sweepstakes, in our marketing materials, including on our website, and in any and all media whether now known or hereafter developed. Our right to use this material shall not be understood to require us to do so.
Sponsor reserves the right, in its sole discretion, to substitute a prize or prizes of equal or greater value for any and all prizes. No other substitutions, cash equivalents or transfer of prizes will be allowed unless specifically authorized by Sponsor. In the event that no eligible entries are received, no Prizes will be awarded. The odds of winning depend upon the number of entries received. The Prizes are non-transferable and cannot be redeemed for cash.
9. CONDITIONS OF PARTICIPATION AND ACCEPTANCE OF PRIZE. Winners must have a valid email address, and it is entrants’ responsibility to update Sponsor of any change in email address by sending an email notice to email@example.com. Correspondence will not be acknowledged.
ALL FEDERAL, STATE, AND LOCAL TAXES PAYABLE ON THE RECEIPT OF PRIZES ARE THE SOLE RESPONSIBILITY OF THE WINNERS.
The winners shall be required to sign an Affidavit of Eligibility, affirming their compliance with the eligibility and other requirements stated in these Official Rules. The Affidavit will also include the winners’acknowledgement of receipt of their Prizes, release of any claims winners may have against Sponsor, and consent to Sponsor’s use of winners’ names, photographs and/or likenesses, voice and statements made by or attributed to them in perpetuity, in any and all media now known or hereafter developed, for all business purposes without additional compensation unless prohibited by law. Sponsor must receive the foregoing signed document from each winner within ten (10) days of receipt of written Prize notification. Failure to provide the signed document may result in Prize forfeiture.
All entrants in the Sweepstakes agree to be bound by the terms of these Official Rules and to accept the results of the Sweepstakes as reported by Sponsor.
10. GENERAL CONDITIONS. By submitting an entry, you and your executors agree: (a) to be bound by and abide by these Official Rules and by all decisions of Sponsor,whose decisions are final and not open to appeal; (b) to release and hold harmless Sponsor and its owners, directors, officers, employees, subsidiaries, affiliates, agents, divisions, agents, partners and advertising and promotional agencies and any and all suppliers (“Released Parties”), from any and all liability whatsoever in connection with the Sweepstakes, including, without limitation, causes of action, injury, damage, liabilities, suits, cross-claims, counter-claims or any other claims arising out of or relating to participation in the Sweepstakes (including, without limitation, personal injuries and death and damage to, loss or destruction of property); (c) to assume all risks, express or implied, associated with all claims released above, including, without limitation, all risks concerning application for and participation in the Sweepstakes; (d) THAT NONE OF THE RELEASED PARTIES HAS MADE, OR IS RESPONSIBLE OR LIABLE FOR, ANY WARRANTY, EXPRESSED OR IMPLIED, RELATIVE TO ANY PRIZE, INCLUDING, BUT NOT LIMITED TO, ITS QUALITY OR FITNESS OR MERCHANTABILITY, AND ALL PRIZES ARE TENDERED ON AN “AS IS” BASIS; and (e) to the use of your name and likeness/image as permitted above for editorial, advertising and promotional purposes in any and all media (now known or hereafter devised) without compensation unless prohibited by law.
Sponsor is not responsible for any printing, typographical, mechanical or other error in the printing of the Official Rules, administration of the Sweepstakes or in the announcement of the Prize, nor is Sponsor responsible for typographical errors, omitted details or any other errors in any entry. Sponsor will not be responsible for technical malfunctions, inability to access the Site or for lost, late, scrambled, jumbled, destroyed, delayed, misaddressed or otherwise misdirected, postage due, mutilated, stolen, or delayed entries, and Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, delays in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. No illegible, inaccurate or incomplete Entries will be accepted. Sponsor will not be responsible for any problems or technical malfunctions of any telephone network or telephone lines, computer on-line systems, servers or providers, computer equipment, software, failures in transmission of entries or other problems (whether due to technical problems, human error or traffic congestion (or any combination thereof)), including any injury or damage to an entrant’s or any other person’s computer arising out of, relating to or resulting from this Sweepstakes, including, without limitation, downloading any materials in connection with the Sweepstakes.
Failure to comply with the Official Rules will result in disqualification. An entrant will be disqualified, at the sole discretion of Sponsor, if he or she attempts (i) to enter the Sweepstakes through any means other than described in these Official Rules; or (ii) to disrupt the Sweepstakes, circumvent the terms and conditions set forth in the Official Rules, or in any way tamper with any component of the Sweepstakes. Mechanically reproduced entries will not be accepted. In the event of a dispute as to the identity of an entrant who submits an entry via email, the entry will be declared made by the Authorized Account Holder of the email account. “Authorized Account Holder” is defined as the natural person who is assigned to an email address by an Internet service provider, online service provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain name associated with the submitted email address.
Entrants agree not to defame or disparage the Sponsor, its parent or affiliate companies, or their respective owners, directors, employees or agents.
CAUTION: ANY ATTEMPT TO DAMAGE THE SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKESIS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) TO THE FULLEST EXTENT PERMITTED BY LAW.
Sponsor reserves the right, in its sole discretion, to suspend, modify or cancel the Sweepstakes, or any portion thereof, if it cannot be run as originally planned, including, but not limited to, by reason of tampering, infection by computer virus, unauthorized intervention or fraud; malicious software attacks, bugs or other problems; or force majeure or other causes beyond the control of Sponsor which impairs the integrity or corrupts the administration or security of the Sweepstakes. In such event, the Sweepstakes shall be conducted from among all eligible entries received prior to suspension, modification or cancellation, if any, prior to the date on which the event that comprised the Sweepstakes occurred. A notice will be posted on the Site prior to and/or after (as appropriate) action has been taken by Sponsor. Without limiting the foregoing, if the Sweepstakes is cancelled for any of the foregoing reasons, Sponsor will not be required to reschedule it. Sponsor further reserves the right to disqualify any individual who tampers with the entry process.
In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes materials (e.g., marketing, advertising or other ancillary documents) and these Official Rules, the Official Rules shall prevail, govern and control.
11. DISPUTES / CHOICE OF LAW. Except where prohibited, each entrant agrees that: (a) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by state or federal courts situated in the Borough of Manhattan, City and State of New York; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred and in no event shall include attorneys’ fees associated with participation in the Sweepstakes; (c) no punitive, incidental, special, consequential or other damages, including without limitation lost profits may be awarded (collectively, “Special Damages”); and (d) each entrant hereby waives all rights to claim Special Damages and all rights to have such damages multiplied or increased. New York law governs these Official Rules, the Sweepstakes and all aspects related thereto or arising there from.
12. OFFICIAL RULES. These Official Rules will be posted on the Site. Individuals may request a hard copy of these rules by sending a self-addressed, stamped #10 envelope to: Kraus USA Sweepstakes, Kraus USA Inc., 12 Harbor Park Drive, Port Washington, NY 11050. Requests for Official Rules must be postmarked by no later than December 31, 2016. Vermont residents may exclude return postage.
13. PRIZE WINNERLIST. The names of the winners will be posted on the Site shortly after they have been notified that they have won, and will remain on the Site at Sponsor’s discretion.
Kraus USA Inc.
12 Harbor Park Drive
Port Washington, NY 11050
15. REVISIONS TO OFFICIAL RULES.
Sponsor reserves the right to revise these Official Rules.
Revised as of May 1, 2016
Copyright © 2015,2016 Kraus USA Inc. All rights reserved.