Sweepstakes Terms and Conditions
The Pump ‘n’ Jump “ipad Party Booking Giveaway” Official Rules*
*PARTICIPANT MUST BOOK A BIRTHDAY PARTY AND PUT DOWN A $100.00 (ONE HUNDRED DOLLAR) PARTY DEPOSIT, THEN HAVE THEIR PART WITHIN THE TIME CONSTRAINTS OF THE CONTEST. One (1) ENTRY PER PERSON.*
*1. Eligibility: The Pump ‘n’ Jump ”ipad Party Booking Giveaway” or (the “Giveaway”) is open only to legal residents of the state of Massachusetts who are at least twenty-one (21) years old at the time of entry. Employees of Pump ‘n’ Jump, Inc., as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible. This Giveaway is subject to all applicable federal, state, and local laws and regulations. Void where prohibited. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Pump ‘n’ Jump’s decisions, which are final and binding in all matters related to the Giveaway. Winning the prize is contingent upon fulfilling all requirements set forth herein.
*2. Sponsor:* Pump ‘n’ Jump, Inc., 101 Independence Mall Way, Suite C126, Kingston MA 02346 (“Pump ‘n’ Jump” or “Sponsor”).
*3. Timing:* The Giveaway begins on May 1, 2012 at 10:00 a.m. Eastern Time (“ET”) and ends on May 31, 2012 at 9:30 p.m. ET (the “Promotion Period”).
*4. How to Enter:* Participants must book a birthday party with Pump ‘n’ Jump and register a $100.00 (one hundred dollar) deposit, either (1) in person at Pump ‘n’ Jump, or (2) over the telephone with a Pump ‘n’ Jump staff member, during the Promotion Period and this party must take place between June 1, 2012 and August 31, 2012 (“Methods of Entry”): b) Online view the Pump ‘n’ Jump Giveaway Contest Rules and Conditions at the Pump ‘n’ Jump website located at http://pumpnjump.com.
Both Methods of Entry must be received no later than 9:30 p.m. ET on May 31, 2012 to be eligible to win. Limit one (1) Entry per person during Promotion Period regardless of Method of Entry. The Pump ‘n’ Jump, Inc, (“Sponsor”) computer is the official time keeping device for this sweepstakes. Any attempt to submit more than the maximum number of entries using multiple/different accounts, identities or any other methods may void that entrant’s entry. No other forms of entry are valid other than those set forth above. All entry information becomes the property of the Sponsor. No responsibility is assumed by Sponsor for lost, late, illegible, incomplete, stolen, or misdirected entries.
*5. Disqualification:* (1) If any Participant cancels their party before their party date and does not have their party with Pump ‘n’ Jump (as well as pays the entire party package balance in full) within the time specifications set forth in this Giveaway, that Participant is automatically disqualified from this Giveaway. (2) If a Participant books a party with Pump ‘n’ Jump during the Giveaway Promotion Period and meets the requirements of the Giveaway, BUT their deposit is not valid (i.e. credit card invalid, personal check returned, party booked over the phone but Participant fails to provide credit card information at conclusion of booking), at the time of booking, that Participant is disqualified from the Giveaway.
*6. Grand Prize Drawing:* All final determinations in regards to the selection of prize winners, the actual prizes awarded, and any other matter in regards to the Giveaway shall be the sole responsibility of the Sponsor. Sponsor will randomly select two (2) Grand Prize Winners from all eligible party bookings received during the Promotion Period. Grand Prize Drawing will be held on September 1, 2012.
The potential Grand Prize Winner(s) will be notified by email, mail and/or phone. The potential Grand Prize Winner(s) will be required to sign and return an Affidavit of Eligibility, Liability and sponsor’s Publicity Release (“Affidavit”), which must be received by Sponsor within forty-eight (48) hours of the date notice or attempted notice is sent, in order to claim the prize. If the potential Winner cannot be contacted, or fails to sign and return the Affidavit within the required time period, potential Winner(s) forfeit(s) prize. Potential Winner must continue to comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. In the event that the potential Winner is disqualified for any reason, Sponsor will award the applicable prize to an alternate winner by random drawing from among all remaining eligible entries. Only three (3) alternate drawings will be held, after which the prize will remain un-awarded.
*7. Prizes:* TWO (2) GRAND PRIZES: Two (2) winners (“Winners”) will each win (1) new ipad. Sponsor will determine all features and prize components of Grand Prizes. Winner will be required to provide proof of U.S. citizenry at time of delivery. Winner is responsible for any applicable taxes, insurance, registrations and (where applicable) other fees associated with components of the prizes awarded. Winner will be allowed to take delivery of prize from Pump ‘n’ Jump at a time designated by Sponsor. Approximate Retail Value (“ARV”): $5,000. If the “Giveaway” is not available due to any reason beyond Sponsor’s control, a prize package of comparable or greater value (as selected by Sponsor in its sole discretion) will be awarded and will represent Sponsor’s sole obligation to Winner. Odds of winning the Grand Prize depend on the number of eligible entries received during the Promotion Period. Prize is non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute the prize for one of equal or greater value if the designated prize should become unavailable for any reason. Winner is responsible for all taxes and fees associated with prize receipt and/or use. Winner agrees that Sponsor has neither made nor is responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to any component within the Grand Prize, including but not limited to its quality, mechanical condition or fitness, except the Grand Prize does include the standard limited warranty as set forth by the supplier of each component.
*8. Release:* By receipt of any prize, Winner agrees to release and hold harmless Sponsor, Pump ‘n’ Jump, Inc., and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies and prize suppliers, as well as Pump ‘n’ Jump, Inc.’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death or damage to or loss of property, arising out of participation in the Giveaway or receipt or use or misuse of any prize.
*9. Publicity:* Except where prohibited, participation in the Giveaway constitutes Winner’s consent to Sponsor’s and its agents’ use of Winner’s name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide marketing, and use on website without further payment or consideration.
*10. General Conditions:* Sponsor reserves the right to cancel, suspend and/or modify the Giveaway, or any part of it as determined by Sponsor in its sole discretion. 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 Giveaway or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Giveaway may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages 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.
*11. Limitations of Liability:* Participants in the Giveaway hereby agree to release the Sponsor and all affiliates, employees, officers, (hereinafter, “The Released Parties”) from all liability, costs, expense, damages, or loss of whatever nature for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Giveaway; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Giveaway; (4) technical or human error which may occur in the administration of the Giveaway or the processing of entries; (5) late, lost, undeliverable, damaged or stolen mail; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Giveaway or receipt or use or misuse of any prize. If for any reason an entrant’s entry is confirmed to have been erroneously deleted, lost or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Giveaway, provided that, if it is not possible to award another entry due to discontinuance of the Giveaway, or any part of it, for any reason, Sponsor, in its sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or 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.
*12. Disputes:* Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Giveaway or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Southern District of Massachusetts or the appropriate Massachusetts State Court located in Plymouth, Massachusetts; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Giveaway, but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, 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. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the Commonwealth of Massachusetts without giving effect to any choice of law or conflict of law rules (whether of the Commonwealth of Massachusetts or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the Commonwealth of Massachusetts.
*13. Winner List:* Winner List requests will only be accepted after the promotion end date (listed above) and no later than September 30, 2012. For the Winner List, send an email with subject line: *”ipad Party Booking Giveaway”* “Winner List Request” to “firstname.lastname@example.org.”
© 2012 PUMP ‘N’ JUMP, INC. All rights reserved.