FROG® @ease® FOR SWIM SPAS GIVEAWAY
OFFICIAL RULES
This Sweepstakes is not sponsored, endorsed, administered by, or associated with Meta, Facebook, X or Instagram.
NO PURCHASE, PAYMENT, OR DONATION OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE, PAYMENT, OR DONATION WILL NOT INCREASE OR IMPROVE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED. RESTRICTIONS APPLY.
1. Eligibility: The FROG® @ease® for Swim Spas Giveaway, a prize giveaway (“Sweepstakes”), is open only to those who, as of October 1, 2024 are legal residents of the fifty (50) United States, including the District of Columbia, and who have reached the age of majority in their state or district of residence. The Sweepstakes is void where prohibited or restricted by law. The following persons are not eligible to enter: employees, officers, and directors of King Technology, Inc. (“Sponsor”) and its parents, subsidiaries, affiliates, divisions, and advertising and promotion agencies involved in the administration of this Sweepstakes, and the immediate families (defined as parents, spouses, children, siblings, grandparents, and their respective spouses) or members of the same household (whether related or not) of each such employee, officer, and director. The Sweepstakes is subject to all applicable federal, state, and local laws rules and regulations.
2. Timing: The Sweepstakes entry period begins at 9:00am CST on October, 2024 and ends at 11:59pm CST on October 20, 2024. The Sponsor’s computer is the official timekeeping device for the Sweepstakes.
3. How to Enter: There are four (4) ways to enter the Sweepstakes:
a. Facebook: You may enter on Facebook by visiting the Sponsor’s Facebook Page at https://www.facebook.com/frogwatercare (“Facebook Page”). During the Sweepstakes Period, Sponsor will make a Facebook post on the Facebook Page inviting entrants to enter this Sweepstakes (“Invitation Post”). To enter the Sweepstakes on Facebook, you must respond with a comment to the Invitation Post and must include the entry requirements ((i) how you will celebrate the 1st annual National Swim Spa Day, and (ii) a tag of another Facebook user).
b. Instagram: You may also enter on Instagram by visiting the Sponsor’s Instagram Page at https://www.instagram.com/frogwatercare (“Instagram Page”). During the Sweepstakes Period, Sponsor will make an Instagram post on the Instagram Page inviting entrants to enter this Sweepstakes (“Invitation Post”). To enter the Sweepstakes on Instagram, you must respond with a comment to the Invitation Post and must include the entry requirements ((i) how you will celebrate the 1st annual National Swim Spa Day, and (ii) a tag of another Instagram user).
c. X: You may also enter on X by visiting the Sponsor’s X Page at https://x.com/frogwatercare (“X Page”). During the Sweepstakes Period, Sponsor will make an X post on the X Page inviting entrants to enter this Sweepstakes (“Invitation Post”). To enter the Sweepstakes on X, you must respond with a comment to the Invitation Post and must include the entry requirements ((i) how you will celebrate the 1st annual National Swim Spa Day, and (ii) a tag of another X user).
d. Online Form: You may also enter by completing the form at https://www.frogproducts.com/swim-spa-giveaway-fy25-form/.
By entering the Sweepstakes, you hereby agree to be bound by these Official Rules. Before entering the Sweepstakes, please check your social media channel account settings to ensure that they do not restrict public access or else Sponsor will not be able to locate you and your entry will not be included in the Sweepstakes. This Sweepstakes is not sponsored, endorsed, administered by, or associated with any social media site, including without limitation Facebook, X, Instagram, Pinterest, etc. You understand that you are providing information to Sponsor and not to any social media site.
Limit of one (1) entry per person. Multiple entries, mass entries, and entries generated by script, macro, or other automated means or by any means that subvert the entry process will be void. Any attempt by you to obtain additional entries beyond the limit of one (1) by using multiple/different social media accounts, email addresses, identities, registrations, or any other methods will void your entries and you may be disqualified. All entries become the exclusive property of Sponsor, and none will be acknowledged or returned. Proof of submission will not be deemed proof of receipt of entry by Sponsor.
Your entry must not contain any inappropriate or offensive materials, as determined by Sponsor in its sole discretion. Any entry, which in the sole opinion of Sponsor, is deemed inappropriate in any way (e.g., defamation, nudity, pornography, gratuitous violence, inappropriate language, obscene, illegal, racially or morally offensive, likely to transmit or contain a virus, corrupted file or any similar element, etc.), includes a solicitation, violates a third-party’s copyrights trademark rights, or otherwise violates the terms or the spirit of these Official Rules in any way, may be rejected and result in your disqualification from the Sweepstakes. Entries must comply with state, federal, and local laws, rules, and regulations including, but not limited to, those concerning copyright, plagiarism, trademark, defamation, and invasion of privacy. Sponsor has the right, but not the duty, to review and disqualify any entry submitted in connection with this Sweepstakes.
In the event of a dispute as to the ownership of an entry, the natural person who is the authorized account holder of the social media account or email address used to enter will be deemed to be the entrant, but only if that person is otherwise eligible to enter the Sweepstakes. The “authorized account holder” is the natural person assigned to an email address or similar electronic address by an internet access provider, online service provider, or other organization responsible for assigning addresses for the domain associated with the submitted address. Each potential winner may be required to show proof of being the authorized account holder. If a dispute cannot be resolved to Sponsor’s satisfaction, the winning entrant may be deemed ineligible.
4. Agreement to Official Rules and Decisions: By participating, you fully and unconditionally agree to be bound by and accept these Official Rules, and the decisions of Sponsor (including, without limitation, decisions regarding eligibility of entries, the selection of winners, and the awarding of prizes), which are final and binding in all respects.
5. Drawing; Odds; Notification: At 9:00am CST on October 21, 2024, Sponsor will randomly select potential winner(s) from among all eligible entries received. Odds of winning a prize depend on the number of eligible entries received, according to the following formula: ten (10) prize packages divided into the number of eligible entries to be received. The entrants selected as winners must comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements and requests of Sponsor during the verification process. The potential winners will be notified via direct message on either Facebook, Instagram, X or email (depending on his/her method of entry) with instructions on how to claim his/her prize, at Sponsor’s discretion. The potential winners must respond to the Facebook, Instagram, X or email message winner notification within three (3) days, or they may, at the Sponsor’s sole discretion, be disqualified and a substitute winner may be randomly selected. The potential winner may be required to execute and return to Sponsor a notarized Affidavit of Eligibility, a Liability Release, and, except where prohibited by law, a Publicity Release (collectively an “Affidavit/Release”) in the form(s) provided by Sponsor in order to claim his/her prize. The Affidavit/Release must be returned to Sponsor by the date and/or time indicated by Sponsor.
If the potential winner cannot be contacted within three (3) days of the first attempt to contact him/her, if the potential winner fails to return the Affidavit/Release within the specified time, if any prize or prize notification is returned as undeliverable, if the potential winner is found to be ineligible, or if the potential winner does not comply with the Official Rules or the requests of Sponsor, then the potential winner may be disqualified and an alternate winner selected by Sponsor in its sole discretion in his/her place, at random from among all eligible non-winning entries received by Sponsor for the Sweepstakes.
6. Prize(s): A total of ten (10) prize packages are available to be awarded (each, a “prize”). Ten (10) winners will receive the following prize:
- One (1) FROG @ease Sanitizing System for Swim Spas (includes 1 FROG @ease Mineral Cartridge, 1 SmartChlor® Cartridge, and 1 bottle of FROG @ease Test Strips): $129.95 MSRP; and
- One (1) packet of FROG Maintain® for Swim Spas: $19.95 MSRP; and
- One (1) silicone BPA-free tether for Swim Spas: $18.99 MSRP.
Total MSRP of each prize: $168.89
Total value to each winner (includes shipping): $200.00
All prizes must be accepted as awarded and are awarded “AS IS” with no warranty, representation, or guarantee, express or implied, in fact or in law, made by Sponsor or for which Sponsor shall be liable, including, without limitation, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. No substitution, assignment or transfer of a prize is permitted, except by Sponsor, who, in states where substitution is permitted, reserves the right to substitute a prize with another prize of greater or equal value. Winner is solely responsible for any and all costs, fees, taxes, and expenses associated with prize award, receipt and use, including, without limitation, all federal, state, and local taxes on the prize. For prizes valued over $600.00, the winner will be issued an IRS Form 1099 for the retail value of the prize. If a potential winner does not wish to accept the prize, an alternate winner may be selected at random from the pool of eligible entrants. All details of the prize not set forth herein will be determined by Sponsor in its sole discretion. All entrants and entries are subject to verification prior to the awarding of a prize, as are the eligibility, age, and other claims of information provided by a potential winner.
7. Publicity: Except where prohibited by law, participation in the Sweepstakes constitutes winner’s consent to Sponsor’s (and its designees’, successors’ and assigns’) use of winner’s entry materials, name, biography, likeness, voice, photographs, video, opinions, statements, hometown, state, and country for promotional purposes in any manner or media (including, without limitation, online) now or hereafter known, worldwide, in perpetuity, and without further payment, consideration, notice, review, approval or consent. Despite the above, Sponsor has no obligation to use such materials in any manner.
8. General Conditions: Sponsor reserves the right, in its sole discretion, to terminate, modify or suspend the Sweepstakes if, in Sponsor’s opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Sweepstakes, there is any unsportsmanlike, dangerous, or disruptive behavior associated with the Sweepstakes, or there are viruses, bugs, unauthorized intervention, fraud, technical difficulties or failures or any other factor beyond Sponsor’s reasonable control that corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes. In such event, Sponsor reserves the right (but does not have the obligation) in its sole discretion to award prizes from among eligible, non-suspect entries received up to the time of suspected impairment. 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 these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately damage any website or undermine the legitimate operation of the Sweepstakes is a violation of criminal and civil laws, and should such an attempt be made, Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision or any other provision of these Official Rules.
9. Release: By entering, you forever, fully and irrevocably releases and holds harmless Sponsor and its parents, subsidiaries and affiliates, and their respective agents, advertising and promotion agencies, affiliates, Sweepstakes partners, and prize suppliers, and any relevant social media site, including without limitation Meta, Facebook, X, Instagram, Pinterest, etc., and all of their respective employees, officers, directors, shareholders, and agents from and against all claims, damages, or liabilities arising in whole or in part, directly or indirectly, from your participation and/or entry in the Sweepstakes and/or winner’s award, receipt, or use of any prize awarded in the Sweepstakes or any prize-related activity.
10. Limitations of Liability: Sponsor is not responsible for: (a) incorrect inaccurate transcription of entry information or late, lost, misplaced, filtered, stolen, unintelligible, illegible, damaged, mutilated, altered, incomplete or misdirected entries or entries received through impermissible or illegitimate channels, all of which will be disqualified; (b) technical failures of any kind, including but not limited to the malfunctioning of any telephone, computer online systems, computer equipment, website, server provider, network, hardware or software; (c) the unavailability or inaccessibility of any website or service; (d) unauthorized intervention in any part of the entry process or the Sweepstakes; (e) printing, typographical, electronic, or human errors, which may occur in the offer or administration of the Sweepstakes or the processing of entries; or (f) any injury or damage to persons or property, including but not limited to your computer, which may be caused, directly or indirectly, in whole or in part, from your participation in the Sweepstakes, or from viewing, playing or downloading any material from Sponsor’s website(s), regardless of whether the material was prepared by Sponsor or a third party, and regardless of whether the material is connected to Sponsor’s websites by a hypertext link.
11. Disputes: You agree that: (a) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes, or any prizes awarded shall be resolved individually, without resort to any form of class action, and solely and exclusively in a federal or state court located in Hennepin County, Minnetonka, Minnesota.; you submit to sole and exclusive personal jurisdiction to said courts in the State of Minnesota for any such dispute and irrevocably waive any and all rights to object to such jurisdiction; (b) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorneys’ fees; and (c) under no circumstances will you be permitted to obtain awards for and you hereby waive all rights to claim punitive, incidental, consequential, and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of you or Sponsor in connection with the Sweepstakes shall be governed by, and construed in accordance with, the laws of the State of Minnesota, without giving effect to any choice of law or conflict of law rules of provisions (whether of the State of Minnesota, the United States, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Minnesota.
12. Data Collection: Information collected in this Sweepstakes will be administered by Sponsor in accordance with its Privacy Policy, located at https://www.kingtechnology.com/privacy-policy.
13. Winners List: Winners will be posted on Sponsor’s website, located at https://www.frogproducts.com/swim-spa-giveaway-fy25-terms/,and the applicable social media site following the awarding of any prize.
14. Sponsor: King Technology, Inc.
6000 Clearwater Drive
Minnetonka, MN 55343