Free Pools Forever
Contest Official Rules
NO PURCHASE NECESSARY TO ENTER OR WIN. THESE ARE THE OFFICIAL RULES (“OFFICIAL RULES”) FOR THE POOLSPARK FREE POOLS FOREVER CONTEST (THE “CONTEST”). THIS CONTEST IS SUBJECT TO THESE OFFICIAL RULES AND BY ENTERING, EACH ENTRANT UNCONDITIONALLY AGREES TO BE BOUND BY THEM.
1. SPONSOR: This Contest is sponsored by PoolSpark, Inc., 4737 Reed Rd #121, Upper Arlington, OH 43220 (the “Sponsor”).
2. ELIGIBILITY: This Contest is open only to legal residents of the fifty (50) United States, excluding Rhode Island and Puerto Rico, who are eighteen (18) years of age or older at time of entry. VOID WHERE PROHIBITED BY LAW. The following persons are not eligible to participate: Employees, contractors, directors and officers of Sponsor, GrowthRocks, and Viral-loops, and each of their respective parents, subsidiaries and affiliated companies involved in the administration, development, fulfillment and execution of this Contest, and the immediate family members of each and those living in the same households. By participating, you agree to abide by these Official Rules and the decisions of Sponsor, which are final and binding in all respects.
3. CONTEST PERIOD: The Contest begins on October 1, 2018 at 12:00 AM ET and ends on March 31, 2019 at 11:59 PM ET (the “Contest Period”), after which the time the Contest will be closed and no further entries shall be accepted. The time clock of the Sponsor is the official clock for this Contest.
4. HOW TO ENTER: During the Contest Period, visit www.poolspark.com (the “Website”) and follow the instructions to submit your entry. You will automatically receive one (1) entry into the Contest per Qualified Referral. A “Qualified Referral” means a referral that elects to sign up with PoolSpark at PoolSpark.com to receive notification via email of the launch of PoolSpark’s services. Limit: Each entrant may only submit one (1) submission email per entry during the Contest Period. The entry must fulfill all Contest requirements, and the information requested must be completely submitted as required, to be eligible to win a prize. Entries that are incomplete and/or do not adhere to these Official Rules may be disqualified, at the sole discretion of the Sponsor. During the Contest Period, the number of Qualified Referrals made by each entrant will be posted on a leaderboard and available on the Website.
5. DETERMINATION AND VERIFICATION OF POTENTIAL WINNERS: On or about April 21, 2019, Sponsor will determine the ten (10) entrants with the highest number of Qualified Referrals made during the Contest Period, and will designate such entrants as the potential winners from all eligible entries received during the Contest Period. In the event of a “tie”, the winners will share the applicable prize on an equal basis. Each potential winner must comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. Each potential winner will be notified by email. The winners' names will be posted on the Sponsor’s Website, and may be posted on social media web pages or via email communication. Except where prohibited, each potential winner may, in Sponsor’s sole discretion, be required to sign and return an Affidavit of Eligibility, Liability and Publicity Release (“Affidavit”) in order to claim a prize. If a potential winner is determined not to be eligible or not in compliance with these Official Rules, cannot be contacted, or fails to return the Affidavit (if required), potential winner forfeits prize and Sponsor may, in its sole discretion, select an alternate entrant in his/her place among all remaining eligible entries.
6. PRIZES: Ten (10) prizes are available. The prize for which an entrant is eligible will depend on the number of Qualified Referrals made by the entrant.
- GRAND PRIZE: One (1) Grand Prize is available. The entrant at the end of the Contest Period having the highest amount of Qualified Referrals during the Contest Period will be designated the Grand Prize winner. The Grand Prize winner will be granted unlimited access to join and participate in PoolSpark.com’s savings pools on PoolSpark.com, without payment or deduction of any transaction fees (Approximate value $3,900.00).
- SECOND PRIZE: One (1) Second Prize is available. The entrant at the end of the Contest Period having the second highest amount of Qualified Referrals during the Contest Period will be designated the Second Prize winner. The Second Prize winner will be granted unlimited access to join and participate in PoolSpark.com’s savings pools on PoolSpark.com for one (1) year, without payment or deduction of any transaction fees (Approximate value $780.00).
- THIRD PRIZES: Eight (8) Third Prizes are available. The entrants at the end of the Contest Period having the third through tenth highest amounts of Qualified Referrals during the Contest Period will be designated the Third Prize winners. The Third Prize winners will each be granted access to join and participate in ten (10) PoolSpark.com’s savings pools on PoolSpark.com, without payment or deduction of any transaction fees (Approximate value $150 each).
- Entries and prizes are non-transferable. Prizes will be awarded if the number of eligible entries received equals or exceeds the number of available prizes. Prizes may not be transferred, assigned, substituted or redeemed for cash except in Sponsor’s sole discretion. Sponsor reserves the right, in its sole discretion, to substitute a prize of equal or greater monetary value or cash value for any prize.
7. ODDS OF WINNING: Odds of winning a prize depend upon the number of eligible entries received during the Contest Period. The more Qualified Referrals an entrant refers, the more chances the entrant has to win a prize by ranking higher up in the leaderboard. Each entrant shall be eligible to win only one prize.
8. LIMITATIONS OF LIABILITY: Sponsor and Released Parties (defined below) are not responsible for: (i) any incorrect or inaccurate information, whether caused by entrant, printing errors, Website users, tampering or by any of the equipment or programming associated with or utilized in the Contest; (ii) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to the Websites; (iii) injury or damage to participants' or to any other person's computer related to or resulting from participating in the Contest or downloading or copying materials from or use of the Website; (iv) technical failures of any kind, including but not limited to the malfunctions, interruptions or disconnections in phone lines or network, hardware or software; (v) unauthorized human intervention in any part of the entry process or the Contest; or (vi) lost, late, incomplete, or misdirected entries; or for any computer, telephone, cable, network, electronic or Internet hardware or software malfunctions, failures, connections, availability or garbled or jumbled transmissions, service provider/Internet/Web site/use net accessibility or availability, traffic congestion, or technical failures, or unauthorized human intervention, or the incorrect or inaccurate capture of entry or other information, or the failure to capture any such information. Except where prohibited, entrants agree that any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Contest but in no event attorneys' fees; and under no circumstances will entrant be permitted to obtain awards for and entrant 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 otherwise increased.
9. RELEASE OF LIABILITY: ENTRANTS AND PARTICIPANTS RELEASE AND AGREE TO HOLD HARMLESS THE SPONSOR, ITS PARENTS, AFFILIATES, SUBSIDIARIES AND RELATED COMPANIES, ITS ADVERTISING OR PROMOTION AGENCIES AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS (“RELEASED PARTIES”), FROM ANY AND ALL LIABILITY FOR ANY INJURIES, DAMAGES OR LOSSES OF ANY KIND (INCLUDING DEATH), ARISING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, USE OR MISUSE OF ANY PRIZE, PARTICIPATION IN ANY CONTEST-RELATED ACTIVITY OR ANY OTHER ACTIVITY OTHERWISE RELATED TO, OR IN CONNECTION WITH, THE CONTEST, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE WEBSITE, OR FROM THE DOWNLOADING FROM AND/OR PRINTING OF MATERIAL DOWNLOADED FROM SAID SITES. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THESE SITES 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. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OR LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
10. GENERAL CONDITIONS: All applicable federal, state and local taxes on the prize(s) are the sole responsibility of each winner. All other costs not specifically stated herein as being awarded are the responsibility of the winner. All winners of prizes valued at $600.00 or more must complete a Form 1099 before receiving their prize. If the Form 1099 is not signed, the winner forfeits the applicable prize.
If a prize, or any portion thereof, cannot be awarded for any reason, Sponsor reserves the right to substitute prize with another prize of equal or greater value. If for any reason the Contest is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest, Sponsor reserves the right, at its sole discretion, to disqualify any individual who is responsible or who tampers with the operation of the Contest, and to cancel, modify or terminate the Contest. In the event of cancellation, Sponsor reserves the right to determine and award the prizes from among all eligible, non-suspect entries received prior to cancellation.
Multiple entrants are not permitted to share the same email address. Any attempt by any entrant to obtain more than the stated number of entries or Qualified Referrals by using multiple or different email addresses, identities, registrations, logins, or any other methods will void that person’s entries and that person may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. In the event of a dispute as to any registration, the authorized account holder of the email address used to register the entry in the Contest will be deemed to be the entrant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. The potential winner may be required to show proof of being the authorized account holder. Sponsor expressly reserves the right to disqualify any entry, in its sole discretion, that appears to have been generated by a so-called “spam” or automated email program or via scripts and automated submission. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest or Websites; to be acting in violation of the Official Rules; to be acting in violation of the terms of the Websites, or to be acting in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Any use of robotic, automatic, programmed or the like entry methods will void all such entries by such methods, and disqualify any entrant using any such method. In the event of a dispute as to entries submitted by multiple users having the same account, the authorized holder of the account used to enter the Contest at the actual time of entry will be deemed to be the participant and must comply with these rules. In the event an insufficient number of eligible entries are received or Sponsor is prevented from awarding prizes or continuing with the Contest as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis (e.g., SARS, Swine Flu), order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), Sponsor shall have the right to modify, suspend or terminate the Contest.
12. CHOICE OF LAW: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Ohio, without regard for conflicts of law doctrine, and all proceedings shall take place in Franklin County, OH.
13. PUBLICITY RIGHTS: By participating in the Contest and/or accepting a prize, each winner grants (and agrees to confirm that grant in writing) permission for Sponsor, and those acting pursuant to Sponsor’s authority, the perpetual right to use his/her name, portrait, biographical information, photos and/or likeness, and statements for promotion, trade, commercial, advertising and publicity purposes, at any time or times, in all media now known or hereafter discovered including live television, worldwide, including, but not limited to, on the World Wide Web and Internet, without notice, review or approval and without additional compensation, except where required or where prohibited by law.
14. WINNERS LIST: The winners’ name(s) will be posted on the Website at www.poolspark.com/winners.