12 Days of Christmas Sweepstakes Rules

Sweepstakes Official Rules & Regulations

OFFICIAL RULES
BY ENTERING THE SWEEPSTAKES, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT. NO PURCHASE NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. THE PURCHASE OF ANY GOOD(S) OR SERVICE(S) WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW. 

1. SWEEPSTAKES PERIOD: The 2022 Franklin Electric 12 Days of Christmas Sweepstakes (the “Sweepstakes”) begins at 8:00 am EST on 12/12/2022 and ends at 5:00 pm EST on 12/27/2022 (the “Sweepstakes Period”). There will be twelve (12) different Entry Periods within the Sweepstakes Period, as defined below. Sponsor’s computer is the official clock for the Sweepstakes.

2. ELIGIBILITY:  Sweepstakes is only open to legal residents of the 50 U.S. States or D.C., who have reached the age of majority in their state of residence as of the date of Entry (“Entrant”). Employees of Sponsor and its affiliates, subsidiaries, divisions, fulfillment and advertising and promotion agencies (“Sweepstakes Entities”), their immediate family members (spouse, parent, child, sibling, and their respective spouses, regardless of where they reside), and those living in the same household of each such individual, whether or not related, are not eligible to enter or win. All applicable federal, state, and local laws and regulations apply.

3. HOW TO ENTER: 

METHOD(S) OF ENTRY: There are two (2) methods of Entry for this Sweepstakes.  NO PURCHASE NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES.

1. Entry via Social Media,
   • Entrants should first visit one of https://www.facebook.com, https://www.instagram.com, or https://www.linkedin.com. To enter via this method, you must have or create a public Facebook, Instagram, or LinkedIn account. Membership on any of these three sites is free, and Entrants are invited to follow @franklinwater and @franklinelectric.
     
     After Entrant has established their Facebook, Instagram, or LinkedIn account, Entrant should locate the @franklinwater page on Instagram, or the Franklin Electric page on LinkedIn or Facebook, each of which will have twelve (12) Sweepstakes posts during the Sweepstakes Period.
     
     • Each post during Entry Periods 1-3, 5-8, and 10-12 will be of a trivia question. To receive one entry, Entrant must interact with the post correctly answering the question AND then interact with the post via a like, laugh, etc.
     • Each post during Entry Periods 4 and 9 will be an invitation to post a photo in the comments. To receive one entry, Entrant must comment on the post with a photo of themselves using or with their favorite Franklin Electric product. Entrants will automatically receive one (1) Entry into the Sweepstakes during each Entry Period by completing the Social Media Entry method once during each Entry Period.
       
       
   • By entering via a third-party social network site, you are authorizing Sponsor to access and utilize portions of your social network site information. Sponsor reserves the right, at any time and for any reason or for no reason, to disassociate any person from its social media network page/following by any means then technically available to it (for example, “blocking” your account from liking or following Sponsor’s account).
     
     Entrant acknowledges that Sponsor cannot control certain factors relating to use of the Facebook, Instagram, or LinkedIn platforms, including, without limitation, errors, cancellation of accounts or technical malfunctions that may affect any Entrant’s ability to enter, win, view, be advised of, be eligible for or be properly considered in the Sweepstakes. Multiple Entrants are not permitted to share the same email address or social media accounts. Any attempt by any Entrant to obtain more than the stated number of entries by using multiple/different social media accounts, email addresses, identities, registrations and logins, or any other methods will void that Entrant’s Entry and that Entrant may be disqualified. Each potential winner may be required to show proof of being an authorized account holder. In the event of a dispute regarding the identity of a User, a person who can demonstrate the ability to log into the applicable account with the correct username and password will be deemed the User who submitted the entry. Sponsor will message Entrant via Facebook, Instagram, or LinkedIn direct message to obtain email address for verification. Facebook, Instagram, and LinkedIn are not sponsors, do not endorse, and are in no way affiliated with the Sweepstakes.
     
     Sponsor has the sole discretion to determine whether an Entry is eligible. Automated, script, macro, or robotic Entries submitted by individuals or organizations will be disqualified. Any Entry not in compliance with these Official Rules will be disqualified. By entering, you agree to waive any rights you may have to the Entry submitted.
     
     Entries may not contain, as determined by the Sponsor, in its sole discretion, any content (including response or comment) that:
     • is sexually explicit or suggestive, violent, or derogatory of any ethnicity, race, gender, religion, profession, or age group, or is profane or pornographic;
     • promotes alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing);
     • promotes any activities that may appear unsafe or dangerous, or promotes any particular political agenda or message;
     • is obscene or offensive, or endorses any form of hate or hate group;
     • defames, misrepresents, or contains disparaging remarks about other people or companies;
     • contains any personal identification, such as personal names or e-mail addresses;
     • contains copyrighted materials owned by others and used without permission;
     • contains materials identifying any person, including, without limitation, celebrities and/or other public or private figures, living or dead, without permission; and/or
     • violates any law.
       
       
2. Email Entry: Alternatively, Eligible Entrants may enter by sending an email, during each Entry Period, to franklinwater@fele.com with the subject line “Day [insert day number of the 12 days, e.g. “Day 2”] -- Franklin Electric 12 Days of Christmas Sweepstakes Entry” and the following information in the body of the email: (i) Entrant’s Full Name, (ii) Phone Number, and (iii) Address. Entrants will automatically receive one (1) Entry into the Sweepstakes during each Entry Period by completing the Email Entry method once during each Entry Period.

LIMITS: There is a limit of one (1) Entry per person per post, total of twelve (12) for the entire Sweepstakes Period. All Entries become the property of Sponsor and will not be acknowledged or returned. 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 by using multiple/different email addresses, identities, registrations, logins, or any other methods will void that Entrant’s Entry and that Entrant may be disqualified. Each potential winner may be required to show proof of being an authorized account holder. Sponsor has the sole discretion to determine whether an Entry is eligible. Any Entry not in compliance with these Official Rules will be disqualified. By entering, you agree to waive any rights you may have to the Entry submitted.

GRANTING OF INTELLECTUAL PROPERTY RIGHTS:

By submitting an Entry, Entrant hereby grants Sponsor and its affiliates, legal representatives, assigns, agents, and licensees an irrevocable, non-exclusive, perpetual, worldwide, royalty-free license to use, display, publicly perform, store, copy, transmit, broadcast, adapt, modify, reproduce, publish, distribute, make derivative works of, and/or otherwise use or reuse (without limitation as to when or to the number of times used), sublicense, and otherwise exploit your Entry, in whole or in part, and all copyright or other intellectual property rights therein, in any medium now existing or hereafter devised, without any form of notice or any amount or kind of consideration, compensation, or permission, except where prohibited by applicable law (“Promotions”). All copyright, trademark, or other intellectual property rights in such Promotions shall be owned by Sponsor or its licensors, and Entrant hereby disclaims and waives any claim of right to such Promotions, as well as any possible claims of misuse of Entrant’s name under contract, tort, or any other theory of law.

Entrant represents and warrants that (a) you have all necessary rights to grant the above license to your Entry; (b) your Entry does not violate, misappropriate, or infringe upon any intellectual property or proprietary right of any person or entity; and (c) you have express permission from any persons (or from the parent or legal guardian, if a minor) appearing in the Entry. You will take, at Sponsor expense, any action, including execution of documents, requested by Sponsor to confirm the above license. You represent and warrant that use of your Entry does not violate either any social media site or Sponsor’s Terms and Conditions.

ENTRANT DATA AND PRIVACY: By submitting an Entry, including any prize notification documents (“Entrant Data”), Entrant consents to the use of his/her name, company name, address, biographical information, including city and state of residence, and testimonial for use, including commercial use, for promotional purposes by Sponsor and its designees, including but not limited to the posting of Winner’s name on the Sponsor website or social media accounts, and in a Winners List, without additional compensation to Entrant, except where prohibited by law (“Advertising”). Each winning Entrant hereby disclaims and waives any claim of right to such Advertising, or any claim of control over the Advertising content, including any possible claims of misuse of Winner’s name, likeness or voice under contract, tort or any other theory of law. Any Entrant Data shall be used in a manner consistent with the consent given by Entrants at the time of Entry, with these Official Rules, and with Sponsor’s Online Privacy Policy, which can be found at https://www.franklin-electric.com/policies/#privacy. It is the general policy of Sponsor not to share personally identifiable information with third parties.

NOTE ABOUT INTERNET: Normal Internet access, data, and usage charges imposed by your Internet service provider may apply.

NOTE ABOUT MOBILE: If Entrant opts to participate in this Sweepstakes via their mobile device, standard data charges may apply for data sent or received from Entrant’s device according to the terms and conditions of Entrant’s service agreement with Entrant’s wireless carrier. Other charges may apply (such as normal airtime, data charges, and carrier charges) and may appear on Entrant’s mobile phone bill or be deducted from Entrant’s prepaid account balance. Wireless carriers’ rate plans or data plans may vary, and Entrant should contact Entrant’s wireless carrier for more information on charges relating to Entrant’s participation in this Sweepstakes. Participation in this Sweepstakes by mobile phone means that Entrant understands that Entrant may receive additional data from Sponsor relating to this Sweepstakes, including notifications to Entrant if Entrant is a potential winner in this Sweepstakes, which will be subject to the charges pursuant to Entrant’s carrier's rate plan. Cell phone/internet service may not be available in all areas. Entrant should check Entrant’s phone's capabilities for specific instructions.

4. PRIZES, PRIZE DRAWING, AND ODDS OF WINNING: 

PRIZE DRAWING: Sponsor will conduct one (1) random prize drawing per Entry Period from all eligible entries received, for a total of twelve (12) drawings during the entire Sweepstakes Period. The drawings will be conducted within 24 hours of the end of each Entry Period from all eligible entries received during that Entry Period. Odds of winning depend on the number of eligible entries received.

The Sponsor will notify a potential winner who entered via the Email Entry Method by email notification and the potential winner must respond within 5 days to claim the Prize. The Sponsor will notify a potential winner who entered via the Social Media Entry Method by tagging the winner in a comment on the post and by direct message to the potential winner on the social media platform. If the Sponsor is unable to reach the potential winner within 5 days of the drawing, they will be disqualified and an alternate winner will be randomly selected from the remaining eligible Entries. Non-winning entries will not carry forward or be included in any subsequent Sweepstakes prize drawings.

PRIZE DETAILS: Total of twelve (12) prizes. One (1) Winner will be randomly selected during each Entry Period. The Winners will each receive Franklin Electric branded merchandise, specifics to be announced upon drawings (“Prize”). The approximate retail value (“ARV”) of each Prize is up to $40.00; the total ARV of all Prizes is $40.00 USD. The Winners are solely responsible for any taxes on a Prize. The Prizes will be shipped at no expense to the Winners. The Sponsor will notify a Potential Winner as described above. The Potential Winner is responsible for responding and providing the correct ship-to address within 5 days after issuance of notification. Sponsor is not responsible for any defects to any Prizes given to recipients.

PRIZE AWARDING: All Prizes will be awarded, provided more than enough entries have been received. Sponsor will not replace any lost or stolen prize. No transfers, cash awards, or prize substitutions are permitted, except by Sponsor. Sponsor reserves the right to substitute a prize with one of comparable or greater value, at its sole discretion. Prize awarded is subject to verification of eligibility and compliance with these Official Rules. Prize winner may be required to sign an affidavit of eligibility, liability release, and where legal, a publicity release (collectively, the “Affidavit”), and return the same, properly executed, within seven (7) days of issuance of notification (TN residents need not sign the publicity releases). If a Potential Winner cannot be contacted after a reasonable number of attempts; is ineligible according to these Official Rules; fails to provide the required information and/or return the required Affidavit documents within the specified time period; if a prize or prize notification is returned as undeliverable; a potential winner decides to decline his/her prize for any reason whatsoever; or if a potential winner otherwise fails to fully comply with these Official Rules, he/she will forfeit his/her prize and the prize may be awarded to an alternate winner from among all remaining eligible entries received, in the Sponsor’s sole discretion. Upon disqualification, no compensation will be given. Once the required information and Affidavit are received within the specified time period, verified, and receive final approval by Sweepstakes Entities, then and only then will a potential Sweepstakes Winner become an actual Winner. Prize will be awarded in the name of the Winner. Decisions of the Sponsor are final in all respects of the Sweepstakes.

PRIZES WILL BE ACCEPTED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE). Sponsor nor Sweepstakes Entities have neither made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to a prize, including express warranties provided exclusively by a prize manufacturer that may be sent along with a Prize. Winners will not be obligated to purchase any Sponsor products or services. Entrants indemnify, release, and hold harmless Sweepstakes Entities from losses or damages of any kind, including without limitation, death and bodily injury, resulting, in whole or in part, directly or indirectly, from the awarding, delivery, acceptance, use, misuse, or possession of the Prize resulting from participating in this Sweepstakes. Entrant acknowledges and agrees that Sponsor has not arranged for nor carries any insurance of any kind for the benefit of Entrant or that of Entrant’s heirs, executors, and administrators relative to Entrant’s use of the Prize awarded to Entrant; and that Entrant is solely responsible for obtaining and paying for any insurance relative to the Prize awarded to Entrant.

5. CONDITIONS OF ENTRY: Neither the Sponsor nor the Sweepstakes Entities are responsible for incorrect or inaccurate transcription of entry information, or for any human or printing error in these rules or any promotional materials, technical malfunctions, lost/delayed data transmission, omission, interruption, deletion, defect, line failures of any telephone network, computer equipment, software, or any other error or malfunction, or any injury or damage to Entrant’s or any other person’s computer related to or resulting from participation in the Sweepstakes, or for late, lost, stolen, illegible or misdirected entries. Entry materials that have been tampered with or altered are void. If, in the Sponsor’s opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of this Sweepstakes, or if any difficulties compromise the administration, security, fairness, integrity, or proper conduct of the Sweepstakes, the Sponsor reserves the right to void any entries at issue and/or to suspend, modify, cancel, or terminate the Sweepstakes, in whole or in part, at any time without notice and award the prize from among all non-suspect, eligible entries received as of the termination date. In case of a dispute as to the owner of an Entry, Entry will be deemed to have been submitted by the authorized account holder.   In the event of time of war, pandemics or health emergencies, national emergency, accident, dangerous weather conditions, fire, riot, strikes, lock-outs, industrial disputes, acts of terrorism, or other matters beyond the Sponsor's reasonable control, Sponsor has the right, in its sole discretion, to terminate the Sweepstakes. Notice of such action will be posted online at https://www.franklinwater.com/12-days-sweepstakes.

CAUTION: ANY ATTEMPT BY A USER, YOU, OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

6. PERMISSIONS/RELEASES: By accepting the Prizes, the Winners agree that Sponsor may use Winner’s name, Entry, photo, and likeness for editorial, advertising and publicity purposes, including, without limitation, posting on Sponsor’s website and/or social media accounts, without further compensation, except where prohibited by law. All Entrants, as a condition of participation in this Sweepstakes, agree to release, hold harmless and indemnify the Sweepstakes Entities from and against any and all liability, claims, damages, costs, attorney’s fees, and/or actions of any kind whatsoever for injuries, damages, or losses to persons or property which may be sustained, in whole or in part, directly or indirectly, by any person or entity, including, without limitation, Entrants, Sponsor, and/or other Sweepstakes Entities, resulting from or in connection with (i) participation in any aspect of the Sweepstakes, (ii) the Entry and content of the Entry (including, without limitation, claims for copyright infringement or infringement or dilution of intellectual property rights of any kind), (iii) the receipt, ownership or use of the prize awarded, including any travel associated with any prize, (iv) Entrant’s registration material on any related website, or (v) any typographical or other error in these Official Rules. Winners assume all liability for any injury, death, or damage caused, or allegedly caused, in whole or in part, by participating in this Sweepstakes or receipt, use or redemption of the Prize.

7. DISPUTES: This Sweepstakes is conducted in English. Except where prohibited, all issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of the participant and Sponsor in connection with this Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Indiana, without giving effect to any choice of law or conflict of law rules (whether of the State of Indiana, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than in the State of Indiana.

BY ENTERING THE SWEEPSTAKES, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS, AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED FIFTY DOLLARS ($50.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED FIFTY DOLLARS ($50.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY. 

8.  DISPUTE RESOLUTION: To the extent permitted by applicable law, the parties each agree to finally settle all disputes only through arbitration; provided, however, the Sponsor shall be entitled to seek injunctive or equitable relief in the state and federal courts in Indiana and any other court with jurisdiction over the parties. In arbitration, there is no judge or jury, and review is limited. The arbitrator’s decision and award are final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The parties agree that, except as set forth above, any claim, suit, action, or proceeding arising out of or relating to this Sweepstakes shall be resolved solely by binding arbitration before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. ("JAMS") or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a "Demand for Arbitration," then either party can elect to have the arbitration administered by the American Arbitration Association ("AAA") or any other mutually agreeable arbitration administration service. If an in-person hearing is required, then it will take place in Chicago, IL, Washington, DC, New York City, NY, Los Angeles, CA, Atlanta, GA, or Dallas, TX (whichever is closest to Entrant's residence); provided, however, if none of these locations are convenient for the hearing, the parties may mutually agree on an alternative location. The federal or state law that applies to these Official Rules will also apply during the arbitration.  Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn’t apply and the dispute must be brought in a court of competent jurisdiction in the State of Indiana. Sponsor agrees to pay the administrative and arbitrator's fees in order to conduct the arbitration (but specifically excluding any travel or other costs of Entrant to attend the arbitration hearing). Either party may, notwithstanding this provision, bring qualifying claims in small claims court.

9. WHO WON:  For the name of the prize Winners, available up to 60 days after drawings, please contact Sponsor at the e-mail address listed below.

E-mail: franklinwater@fele.com

For names of winners/available after the sixty-day period has passed (up to thirty days after the expiration of this deadline), send a self-addressed, stamped envelope to Franklin Electric Co., Inc., 9255 Coverdale Road, Fort Wayne, Indiana 46809, USA.

10. SPONSOR: Franklin Electric Co., Inc., 9255 Coverdale Road, Fort Wayne, Indiana 46809, USA.

11. MISCELLANEOUS: The invalidity or unenforceability of any provision of these Official Rules or the Affidavit will not affect the validity or enforceability of any other provision.  In the event that any provision of the Official Rules or the Affidavit is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision. When terms such as "may" are used in these Official Rules, Sponsor has sole and absolute discretion. Entrants agree to waive any rights to claim ambiguity of these Official Rules. Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes-related materials, privacy policy, or terms of use on Sponsor’s Website and/or the terms and conditions of the Official Rules, the Official Rules shall prevail, govern, and control, and the discrepancy will be resolved in Sponsor’s sole and absolute discretion. All decisions as to these Official Rules and interpretations thereof are exclusively within the sole discretion of Sponsor and may be changed from time to time without notice. Sponsor reserves the right to cancel or modify the Sweepstakes at any time without notice. A copy of the Official Rules is available at https://www.franklinwater.com/12-days-sweepstakes. Facebook, Instagram, and LinkedIn are not affiliated with Sponsor and have neither endorsed nor sponsored this Sweepstakes in any way.

If you have questions or comments, please contact us at:

Franklin Electric Co., Inc. 
9255 Coverdale Road 
Fort Wayne, IN 46809-9613 
Telephone: 260-824-2900 
E-mail: franklinwater@fele.com