Watts National Backflow Prevention Day Backflow Install Sweepstakes Official Rules

Watts 2022 National Backflow Prevention Day Backflow Install Sweepstakes Official Rules

CONSUMER DISCLOSURES:

NO PURCHASE, PAYMENT OR CONSIDERATION OF ANY KIND IS NECESSARY TO ENTER OR TO WIN THIS SWEEPSTAKES. A PURCHASE OR PAYMENT WILL NOT IMPROVE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.

This sweepstakes is in connection with and incidental to the sale to licensed contractors of flow control products for the water quality, residential plumbing & heating, commercial and OEM markets. Thus, this sweepstakes is not in connection with the sale to consumers of consumer products.

1. Sponsor and these Rules: These sweepstakes rules (the “Rules”) apply to the 2022 Watts National Backflow Prevention Day Backflow Install Sweepstakes (the “Sweepstakes”) to be conducted by Watts Regulator Co. (“Sponsor”) via https://www.instagram.com/wattswater, https://www.facebook.com/wattswater, https://www.linkedin.com/company/watts-water-technologies/ and https://twitter.com/wattswater (the “Entry Pages,” and each, an “Entry Page”). Sponsor has a principal place of business at 815 Chestnut Street, North Andover, Massachusetts 01845 United States. The Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Instagram, Facebook, LinkedIn or Twitter (the “Social Media Companies,” and each, a “Social Media Company”).

2. Prizes:

(a) As more specifically described in Sections 9 and 10, the following prizes (the “Prizes”) will be awarded at random among the eligible entrants for the Sweepstakes:

Prize Description*	Approximate Retail Value
Three (3) Cuisinart® 14" Portable Charcoal Grills	US$29.99 each (approx. CA$38.59 each)
Three (3) Cuisinart® Deluxe Stainless-Steel Grill Sets (14-Piece)	US $34.99 each (approx. CA$45.03 each)

*Cuisinart and its logos are trademarks or registered trademarks of Cuisinart and its corporate affiliates. Cuisinart is not a participant in or sponsor of these Sweepstakes.

(b) THE PRIZES INCLUDE ONLY THE ITEMS SET FORTH IN SECTION 2(a) ABOVE. THE AGGREGATE APPROXIMATE RETAIL VALUE OF ALL PRIZES TO BE AWARDED IN THE SWEEPSTAKES IS US$194.94 (APPROX. CA$250.85). ALL EXPENSES AND COSTS RELATED TO THE RECEIPT AND/OR USE OF THE PRIZES ARE THE SOLE RESPONSIBILITY OF THE PRIZE WINNER.

3. Odds of Winning: The winners of the Sweepstakes will be determined by random selection from among valid entries received from eligible participants. The odds of winning a Prize in the Sweepstakes depend on the number of valid entries received from eligible participants during the Entry Period. Not all entries will result in a Prize.

4. Eligibility: The Sweepstakes is open only to individuals (i.e., natural persons) who meet each of the following requirements:

(a) he or she resides in one of the fifty United States or the District of Columbia or Canada (excluding Quebec) and

(b) he or she is at least 19 years old;

(d) he or she has a valid email address for notifications

Entrants may be required to prove their age and residency, the sufficiency of any such proof to be determined by Sponsor, in its sole discretion. However, employees of any “Promotion Entity” (as defined in Section 11(e)(i) below) that is not an individual, and/or of any parent or subsidiary company of any Promotion Entity that is not an individual, and members of such employees’ immediate families, are not eligible to participate in the Sweepstakes.

5. Sweepstakes Entry Period: The Sweepstakes entry period is from and including 12:00 A.M. Eastern Time on Monday, August 1, 2022, through and including 11:59 P.M. Eastern Time on Wednesday, August 31, 2022 (the “Entry Period”). Entries for the Prizes will be accepted only if (a) received within the Entry Period, if submitted via the method described in Section 6(a) below, or (b) postmarked within the Entry Period, if submitted via the method described in Section 6(b) below. Entries not received or postmarked (as applicable) within the Entry Period as aforesaid will not be valid to participate in the Sweepstakes.

6. How to Enter: There are two ways to enter the Sweepstakes, as follows:

(a) Share Original Photo of Watts Backflow Preventer on Social Media. An eligible participant must (i) visit an Entry Page during the Entry Period; (ii) click the “Follow” link available at such Entry Page during the Entry Period; (iii) “share” an original photo of any installed Watts backflow preventer, with the Watts®, Ames® Fire & Waterworks, Ames® Deringer or FEBCO® brand product label visible in the photo (an “Installation Photo”) on the participant’s page on Instagram, Facebook, LinkedIn or Twitter (the “Social Media Pages,” and each, a “Social Media Page”) corresponding to the applicable Entry Page (e.g. the participant’s Instagram page for entries made through https://www.instagram.com/wattswater); (iv) use the hashtag “#backflowday” in the caption of the post containing the Installation Photo; (v) tag the applicable Entry Page (e.g. https://www.instagram.com/wattswater for entries made through Instagram) in the post containing the Installation Photo; and (vi) be a “follower” of the applicable Entry Page (e.g. https://www.instagram.com/wattswater for entries made through Instagram) and not have altered or deleted any of the steps completed pursuant to sub-sections (ii) through (vi) of this Section 6(a) as of the winner selection date as set forth in Section 9(a). Each Installation Photo may be submitted by only one eligible participant. If the same Installation Photo is submitted by multiple eligible participants, only the first eligible participant to submit the Installation Photo will be entered into the Sweepstakes. Partial or incomplete/piecemeal submissions (e.g., including the hashtag “#backflowday” and tagging the applicable Entry Page but not “sharing” an Installation Photo; or, “sharing” an Installation Photo but not using the hashtag “#backflowday,” will NOT BE ACCEPTED. A Social Media Page post that satisfies all conditions set forth in this Section 6(a) (a “Post”) will constitute one (1) entry (“Entry”) into this Sweepstakes. Eligible participants may post the same Installation Photo through multiple Social Media Pages, and each such Post shall constitute a separate Entry provided that each of the requirements of this Section 6(a) are met with respect to such Post.

(b) Mail-in Entry. To enter the Sweepstakes by mail and without “following” Sponsor on any Social Media Page or “sharing” an Installation Photo, an eligible participant must mail (by regular mail) to Sponsor at its principal place of business at 815 Chestnut Street, North Andover, Massachusetts 01845 United States, a 3” by 5” original hand-written card (photocopies and otherwise mechanically or digitally reproduced cards are not permitted) containing the participant’s name, address, email address and daytime telephone number. Each card must be in an envelope with proper postage. Only one card per envelope. Each envelope containing a card must be separately stamped and mailed such that it is post-marked within the Entry Period. Envelopes must be no larger than a standard #10 business envelope and marked “Sweepstakes Entry.”

7. Additional Entry Rules and Restrictions:

(a) No attempted means of entering the Sweepstakes other those set forth in Section 6 will be accepted as a valid means of entering the Sweepstakes.

(b) Without limiting the provisions of Section 11(f) below, incomplete and illegible entries, late entries, and entries with information reasonably determined by Sponsor (in its sole discretion) to contain false information, will not be valid. Each entrant is responsible for providing accurate information as to his/her mailing address and how he/she may be contacted via email (if applicable) and telephone.

(d) By submitting an Entry, each entrant grants Sponsor and its designees a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sublicensable and transferable (in whole or part) worldwide license to use, reproduce, transmit, display, exhibit, distribute, create derivative works based upon, publicly perform and otherwise exploit the Entry, in whole or in part, in all media formats and channels now known or hereafter devised for any and all purposes including entertainment, news, advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice to the entrant, with or without attribution, and without the requirement of any permission from or payment to the entrant or to any other person or entity. The Sweepstakes winner may be required to sign a Grant of Rights and Release conveying the above rights in order to receive a Prize.

(e) By submitting an Entry, each entrant agrees to grant Sponsor and its designees the right to the use of entrant’s name, biographical information, photograph, image and/or likeness for programming, advertising, publicity and promotional purposes in any and all media, now or hereafter known, worldwide and on the Internet, and in perpetuity by Sponsor and its designees, without compensation (to the fullest extent prohibited by law) or additional consents and without prior notice, approval or inspection, and to execute specific written consent to such use if asked to do so.

(f) Without limitation of Sponsor’s terms and conditions of sale associated with the sale of any product of Watts Regulator Co. or any of its affiliates, entrant further expressly acknowledges that Sponsor and any other entity affiliated with this Sweepstakes do not owe him/her a duty of confidence (or fiduciary duty or the like) with regard to his/her Entry and that Sponsor has wide access to ideas, stories, photos, recipes, methods, designs and other literary/artistic materials submitted to them from outside sources or being developed by their own respective employees and that such ideas/stories/recipes/methods/videos/methods/designs/literary/artistic materials may be competitive with, similar to (or even identical to) the Entry submitted by entrant and that Sponsor shall have no liability to entrant or any third party in conjunction therewith.

(g) An Entry may not contain, and Sponsor, in its sole discretion, may disqualify and/or remove any Entry that contains any content that: (i) violates any law or regulation; (ii) violates or infringes any right of any third party, including but not limited to intellectual property rights, such as but not limited to rights of copyright, trademark or patent, or rights of publicity or privacy; (iii) is defamatory, slanderous, libelous, scandalous or obscene; (iv) contains any third person’s personal information, such as personal names or e-mail addresses; (v) contains any virus, bugs, or other deleterious material; (vi) embodies the names or likenesses of any individuals other than entrant unless entrant has first obtained the prior written consent of any named/depicted/described person as set forth herein; (vii) is sexually explicit; violent or derogatory of any ethnic, racial, gender, religious, professional or age group; profane or pornographic; contains nudity; (viii) promotes alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing); (ix) promotes any activities that may appear illegal, unsafe or dangerous; promotes any particular political agenda or message; (x) is obscene or offensive; (xi) communicates messages or images inconsistent with the reputation, image and/or goodwill of the Sponsor or any other entity or person affiliated with this Sweepstakes; (xii) is otherwise inappropriate, objectionable, or unsuitable for the uses contemplated in these Rules, as determined by Sponsor in its sole discretion.

(h) Sponsor and the other Promotion Entities (as defined below) will not be responsible or liable for any inability to view an Entry or any part thereof due to any technical difficulty, malfunction or failure of any kind. The preceding includes but is not limited to any filtering or other operation of any Social Media Page.

(i) Eligible Posts received by Sponsor may be re-posted on any Entry Page for public viewing. Entrants understand and agree that Posts may be formatted, edited or otherwise converted in order to be viewable on any Entry Page. Sponsor reserves the right to remove any Post from any Entry Page at any time and for any reason, without liability of any kind. Sponsor may but is not obligated to re-post Posts on any Entry Page; if Sponsor chooses to do so, such re-posting is for entertainment purposes only and entrant releases and agrees to hold harmless the Promotion Entities (as defined below) from any and all liability associated with possible re-posting (or, conversely, non-re-posting) of his/her Post on any Entry Page, including his/her express acknowledgment that (i) if re-posted, re-posting of the Post does not constitute any representation by Sponsor as to Sweepstakes eligibility); (ii) if re-posted, the Post as re-posted may differ from the Post submitted by entrant and initially posted on the applicable Social Media Page, and may not be viewable at all times, due to technological limitations/malfunctions/errors or other causes; (iii) Posts may be displayed on any Entry Page in any pattern, sequence or format, and such pattern/sequence/format may or may not be rotated or varied one or more times, in Sponsor’s sole discretion; and (iv) Posts may or may not be attributed to the entrant, but, if so attributed, all aspects of the attribution (such as, prominence and placement) are at Sponsor’s sole discretion. Once a Post is re-posted on an Entry Page, Sponsor is under no obligation to remove a Post for any reason. FOR ALL POSTS ON ANY SOCIAL MEDIA PAGE AND, AS APPLICABLE, RE-POSTED ON ANY ENTRY PAGE, THE POSTS REPRESENT SOLELY THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT AND DO NOT REFLECT THE VIEWS/OPINIONS OF SPONSOR. SPONSOR DISCLAIMS ANY AND ALL LIABILITY IN CONJUNCTION WITH POSTING OF POST ON ANY SOCIAL MEDIA PAGE, AND, AS APPLICABLE, RE-POSTING OF POST ON ANY ENTRY PAGE, INCLUDING BUT NOT LIMITED TO LIABILITY FOR MONITORING, FILTERING OR MODERATING POSTS. SPONSOR WILL NOT MODIFY OR EDIT POSTS IN CONJUNCTION WITH ADMINISTRATION OF THIS SWEEPSTAKES. Without limitation of any other terms herein, by entering, the entrant agrees to indemnify and hold harmless the Promotion Entities (as defined below) from any action or liability resulting from the possible re-posting of his/her Post and/or the use of his/her Post.

(j) The photos within each entrant’s Post must be original (YOU MAY NOT COPY OTHERS’ WORKS, IN WHOLE OR IN PART, AND ANY SUCH COPYING MAY RESULT IN YOUR ENTRY BEING DISQUALIFIED).

(k) If any other persons were involved in the creation of photos comprising your Post, you represent and warrant to Sponsor that you have obtained the written consent of each such person, granting Sponsor and its designees the perpetual, cost-free right to use the photos comprising your Post and each such person’s name, biographical information, image and/or likeness (the “Licensed Matter”) for advertising, publicity and promotional purposes in any and all media, now or hereafter known, worldwide and on the Internet (including without limitation, for posting on any Entry Page in connection with the Sweepstakes. In addition, you agree that Sponsor and its designees, have the right and license, perpetually and without compensation (except to the extent prohibited by law) to use the Licensed Matter without notice to anyone, without approval or inspection by anyone, and without the need for any additional consents, and you agree to execute a document specifically acknowledging and agreeing to the matters agreed to in this paragraph if you are asked to do so by Sponsor. Sponsor reserves the right to request proof of these permissions in a form acceptable to Sponsor from you at any time. Failure to provide such proof, if requested, may result in your disqualification, at Sponsor’s sole discretion. If any other persons were involved in the creation of photos comprising your Post, Sponsor reserves the right to disqualify entrant’s entire Entry if the entrant has not obtained the written consent of each such person prior to submission. Do NOT include personal information (e.g., your address, e-mail address or phone number) in any photo comprising the Post (or otherwise in the Post) as the Post.

8. Specific Prize Conditions; Liability for Taxes:

(a) The Prize winners will be required to execute an Affidavit of Eligibility and Liability Release (for US residents) or a Declaration of Liability and Release (for Canadian residents), and, if permitted in his/her state of residence and if required by Sponsor, a Publicity Release (collectively, the “Prize Claim Documents”). If a winner fails or refuses to sign and return all Prize Claim Documents in the manner and within the time set forth in Section 9(b) below, such winner may be disqualified and an alternate winner may be selected.

(b) Any tax liability of any nature, including income disclosure obligations, related to the receipt and/or use of a Prize, shall be the sole responsibility of the recipient. The winner of any Prize with a value US$600 or greater will be issued a 1099 US Tax Form for the retail value of the Prize.

9. Drawing/Prize Winner Selection:

(a) Each Sweepstakes winner will be selected at random from among all valid entries received from eligible participants. Winner selection for the Prizes will occur on or about Wednesday, September 7, 2022. Winner selection will be carried out by Sponsor using methods within its sole discretion. Eligible participants may win only one Prize, and if selected for more than one Prize, the participant will be considered the winner of the most valuable Prize, and a new drawing will be conducted to determine the winner of the Prize of the lesser value.

(b) For each Prize, the potential winner will be notified by (i) direct message through the Social Media Page through which the potential winner’s entry was received (for entries made via the method described in Section 6(a) above); or (ii) by email (for entries made via the method described in Section 6(b) above) that his/her entry has been drawn (the “Notification”) as soon as practicable after winner selection. For entries made via the method described in Section 6(a) above only, the potential winner must reply to the Notification via direct message through the applicable Social Media Page to confirm receipt of the Notification and to provide his/her name, address, email address and daytime telephone number. Sponsor will send the potential winner the applicable Prize Claim Documents to the email address provided by the potential winner. The potential winner will be required to execute and return all applicable original, signed and unmodified Prize Claim Documents, such that they are received by Sponsor within ten (10) days of the date of Sponsor’s transmission of the Notification. (Canadian residents will be required to correctly answer, unaided, a mathematical skill testing question in order to be declared a winner.) If the Prize Claim Documents, executed as aforesaid, are not received within the aforementioned time period, the Prize will be forfeited and an alternate entrant will be identified as a potential winner and so notified in the same manner as before.

(c) If a Notification or Sponsor’s email to any potential winner including the required Prize Claim Documents is returned or is deemed by Sponsor (in its sole discretion) to be undeliverable, or in the event of non-compliance with the eligibility requirements and/or these Rules, the potential winner will be disqualified and an alternate entrant will be identified as a potential winner and so notified in the same manner as before. The potential winner’s Social Media Company accounts and email accounts must be current and up-to-date at the time of the winner selection.

(d) The decisions of Sponsor will be final and binding on all matters relating to the Sweepstakes. In the event of a dispute as to the identity of an entrant, the entry will be deemed submitted by the holder of the applicable Social Media Page account provided in the applicable Social Media Page registration. The “account holder” is the natural person assigned a Social Media Page by the applicable Social Media Company, and/or its agents and affiliates. A potential winner may be required to show proof of being the registered account holder for the Social Media Page associated with the winning entry.

10. Award of and Use of Prizes:

(a) Winners of the Sweepstakes will receive one of the Prizes subject to these Rules. Prizes shall be awarded only to the individuals named as Prize winners, and the right to a Prize may not be sold, assigned or transferred to any other person. Prizes must be accepted as awarded, and no substitutions are allowed, except that Sponsor may substitute a prize of a value equal to or greater than the value of the originally described Prize, if the Prize, as described, is unavailable on a commercially reasonable basis (as determined by Sponsor, in its sole discretion) for any reason. Prizes may not be redeemed for cash or other consideration.

(b) Without limiting Section 2(b), winners will be responsible for all expenses associated with the receipt, possession and use of a Prize. Sponsor is only responsible for Prize delivery, not Prize utility, quality or otherwise.

11. General Conditions; Privacy; Release and Waiver of Liability:

(a) The Sweepstakes is subject to these Rules and is governed by the laws of the Commonwealth of Massachusetts and the applicable federal laws of the United States of America. By entering the Sweepstakes, each entrant agrees to be bound by and subject to the Rules, the decisions of Sponsor in relation to the Sweepstakes (which shall be final and binding in all respects) and Sponsor's Privacy Policy (available for review at https://www.watts.com/privacy-policy) (“Sponsor’s Privacy Policy”). The data collected from entrants may be processed and stored in one or more jurisdiction outside Canada (which may include the United States) and may be subject to access by regulatory authorities in those jurisdictions.

(b) Promotion Entities are not responsible for: any incorrect or inaccurate entry information, human error, technical malfunctions, theft, tampering, destruction, or unauthorized access to, or alteration of entries. By entering the Sweepstakes, each entrant, on behalf of himself/herself and his/her heirs, successors, assigns, agents and representatives:

(i) releases and discharges each Promotion Entity from any and all claims, debts, liabilities, demands, obligations, costs, expenses, actions and causes of action of every nature, character, and description, known or unknown, including personal injury and death and including claims arising out of the alleged negligence of an entity, which he/she may now own or hold, or may at any time heretofore have owned or held, or may at any time hereafter own or hold, by reason of any matter, cause or thing whatsoever, occurred, done, omitted or suffered to be done, in connection with his/her participation in the Sweepstakes, and/or from his/her acceptance, receipt, possession and/or use or misuse of a Prize; and

(ii) acknowledges and agrees that none of the Promotion Entities have made or are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, with respect to the Sweepstakes and/or any Prize, including, without limitation, their quality or fitness for a particular purpose.

(c) Waiver of California Civil Code Section 1542. Further, entrants are advised that California Civil Code § 1542 provides that: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR. By entering the Sweepstakes, each entrant, on behalf of himself/herself and his/her heirs, successors, assigns, agents and representatives, acknowledges that he/she understands the significance and consequences of California Civil Code § 1542 and, to the extent it may be applicable, elects to waive the benefits of its provisions, with the intent that the releases and waivers of liability in Section 11(b) shall include claims known or unknown, and unknown and unsuspected.

(d) In order to validly enter and in order to claim a Prize, entrants are required to provide Sponsor with certain information that can reasonably be used to identify them, such as their name, telephone number, physical address and email address (“Personal Data”). Each entrant hereby agrees that such Personal Data and his/her image or likeness may be used and shared by Sponsor in connection with the conduct of the Sweepstakes (including but not limited to Prize fulfillment) and also as allowed by Sponsor’s Privacy Policy (subject to the terms and conditions of Sponsor’s Privacy Policy). Each entrant further expressly releases, discharges, and agrees to hold harmless the Promotion Entities and all persons acting under either of their permission or authority, from any and all claims and liabilities he/she may have relating to Sponsor's use of his/her Personal Data, image or likeness in accordance with Sponsor’s Privacy Policy or these Rules, including without limitation claims under defamation, right of publicity and invasion of privacy.

(e) By entering the Sweepstakes, each entrant, on behalf of himself/herself and his/her heirs, successors, assigns, agents and representatives:

(i) releases and discharges Sponsor and Sponsor’s agents, if any, assisting in conducting the Sweepstakes, and each of their affiliated companies, and each of their respective directors, officers, employees, representatives and agents, as well as Cuisinart, Instagram, Facebook, LinkedIn, Twitter and each of their respective affiliated companies, and all of their respective directors, officers, employees, representatives and agents (collectively, the “Promotion Entities”), from any and all claims, debts, liabilities, demands, obligations, costs, expenses, actions and causes of action of every nature, character, and description, known or unknown, including personal injury and death and including claims arising out of the alleged negligence of an entity, which he/she now may own or hold, or at any time heretofore may have owned or held, or at any time hereafter may own or hold, by reason of any matter, cause or thing whatsoever, occurred, done, omitted or suffered to be done, in connection with participation in the Sweepstakes, and/or from his/her acceptance, receipt, possession and/or use or misuse of a Prize;

(ii) acknowledges that the information he/she provides in connection with the Sweepstakes is being provided to Sponsor and not to Instagram, Facebook, LinkedIn or Twitter; and

(iii) acknowledges and agrees that none of the Promotion Entities have made or are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, with respect to a Prize, including, without limitation, its quality or fitness for a particular purpose.

(f) None of Sponsor, the other Promotion Entities shall have any obligation, responsibility or liability with respect to: (i) entries, notifications, communications or materials sent from an entrant to Sponsor, or from Sponsor to an entrant, that are undelivered, lost, late, misdirected, garbled, inaccurate, incomplete, illegible, unintelligible, damaged or otherwise not received by the intended recipient, in whole or in part, due to computer, post office or technical error of any kind, (ii) telephone, electronic, hardware, software, network, Internet or computer malfunctions, failures or difficulties, (iii) power-related or weather-related events of any kind, and/or to any events not under Sponsor's direct control, (iv) entries or other communications from entrants that contain inaccurate information or do not comply with these Rules, (v) errors, omissions, interruptions, deletions, defects, delays in operation or transmissions, theft, destruction, unauthorized access or alterations by entrant or third parties, and/or (vi) any damage to entrant’s computer system that occurs in connection with participation in the Sweepstakes.

(g) Sponsor reserves the right to modify, suspend, or terminate the Sweepstakes, or any part thereof, if it determines, in its sole discretion, that the Sweepstakes, or any part thereof, is technically impaired or corrupted, or that fraud or technical problems, failures or malfunctions have destroyed or severely undermined or impaired the integrity, feasibility, security and/or proper play of the Sweepstakes, or any part thereof. In addition, if for any reason the Sweepstakes, or any part thereof, cannot run as planned, including tampering, unauthorized intervention, fraud, technical failures or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Sweepstakes, or any part thereof, Sponsor reserves the right, in its sole discretion, to (i) disqualify any individual who is responsible for or who tampers with the any Sweepstakes process, and/or (ii) to cancel, terminate, modify or suspend the Sweepstakes, and (if the Sweepstakes is not cancelled) to select the winners from among all eligible entries received prior to the termination or modification.

12. Governing Law; Forum Selection: This Sweepstakes is governed by the laws of the Commonwealth of Massachusetts. Each Sweepstakes entrant knowingly and voluntarily intends and agrees that (a) the mandatory, exclusive venue for any action in any way related to or arising out of this Sweepstakes or Prizes awarded shall be resolved individually without resort to any form of class action and shall be in the state and federal courts in and for Suffolk County, Massachusetts; and (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering any Sweepstakes, but in no event attorneys’ fees. Each entrant hereby knowingly and voluntarily waives any and all objections to venue and personal jurisdiction in the foregoing courts, and submits themselves thereto. Each entrant hereby waives any right he/she may have to assert the doctrine of forum non-conveniens or similar doctrine or to object to venue with respect to any proceeding brought in accordance with this Section 12, and stipulates that the aforementioned courts shall have in personam jurisdiction and venue over them for purposes of litigating any dispute, controversy, or proceeding arising out of or related to this Sweepstakes.

13. Class Action Waiver: Each Sweepstakes entrant agrees that an arbitrator, judge, magistrate or other similar authority may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding, and that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. By entering the Sweepstakes, the entrant agrees to waive any right to a jury trial or to participate in a class action.

14. Identification of Winner: Winners’ names, cities, and photos (where applicable) may be posted on Sponsor’s website following confirmation, in Sponsor’s sole discretion. To obtain a list of winners by mail, send a self-addressed stamped envelope to Sponsor at its principal place of business at 815 Chestnut Street, North Andover, Massachusetts 01845 United States, so it is received by Sponsor no later than six months after the last day of the Entry Period. (Vermont residents may omit return postage.) Please specify “Sweepstakes winners” on the envelope. Please allow 6 to 8 weeks for receipt of the list.

15. Final Matters:

(a) The invalidity or unenforceability of any provision of the Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, the Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.

(b) Except where prohibited by law, and regardless whether a Publicity Release is required of or signed by a Prize winner, acceptance of a Prize shall constitute and signify the Prize winner’s consent that Sponsor may use the winner’s name, likeness, image, voice, photographs and written statements made by the Prize winner about the Sweepstakes, a Prize, Sponsor, Sponsor’s products and/or services for promotional purposes in all forms of media, in perpetuity, without payment or consideration.

(c) No Promotion Entity shall be liable for failure or delay related to the Sweepstakes caused by any reason not within such Promotion Entity’s sole direct control, including but not limited to fire, flood, epidemic, earthquake, explosion, sickness, labor dispute or strike, bad weather, act of God or public enemy, equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, any newly-enacted federal, state or local government law, order, or regulation, or order of any court or governmental authority.