Official Rules: Trivia Promotion During 2020 Groundwater Week

11/01/2020

FRANKLIN ELECTRIC’S
Trivia Promotion
During 2020 Groundwater Week

 OFFICIAL Rules

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

  1. SPONSOR — The Trivia Promotion (the “Promotion”) is sponsored by Franklin Electric Co., Inc., 9255 Coverdale Road, Fort Wayne, IN 46809-9613 (“Sponsor”). The Promotion is in no way sponsored, endorsed, administered by, or associated with any third party, including but not limited to the 2020 Groundwater Week, National Groundwater Association or Apple. Any questions, comments, or complaints regarding the Promotion should be directed solely to Sponsor.
  2. PROMOTIONAL PERIOD — The Promotion will take place during the 2020 Groundwater Week Virtual Show (“Expo”) on December 11, 2020, from 3:00 – 3:45 PM EST (the “Promotional Period”) by virtual link provided in Franklin Electric’s virtual booth, hosted by the National Groundwater Association, and other social media outlets. Sponsor’s computer is the official clock for the Promotion.
  3. ELIGIBILITY — The Promotion is open only to those customers of Sponsor to whom this offer is addressed  and who have reached the age of majority in their state of residence as of the date of Entry  (“Participants”).  To participate in the Promotion, you must be a registered Expo attendee, a legal resident of the United States of America, and participant in the live trivia event hosted by Sponsor during the Expo. Sponsor and its affiliates, subsidiaries, divisions, independent contractors, officers, directors of Sponsor, competitors, fulfillment and advertising and promotion agencies, including employees of the foregoing (“Promotion 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. The Promotion is void where prohibited or restricted by law. All federal, state, and local laws and regulations apply.
  4. HOW TO PARTICIPATE — There is one method of Entry for this Promotion. Participants must participate in the live trivia event hosted by Sponsor during the Promotion Period, by following this link: https://virtual.groundwaterweek.com/exhibit-hall. Participants can capture hints to trivia questions by attending Sponsor’s pre-recorded Product Showcase sessions featured throughout the duration of the Expo. Depending on number of trivia questions answered correctly during the Promotion Period, Participants may win first, second, or third place. Visit Sponsor’s virtual booth at the Expo for further information.

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. 

  1. LIMITS – There is a limit of one (1) Entry per Participant for the entire Promotions Period.
  2. NOTE ABOUT THE INTERNET AND MOBILE - Normal Internet access, data, and usage charges imposed by your Internet service provider may apply. If Participant opts to participate in this Promotion via their mobile device, standard data charges may apply for data sent or received from Participant’s device according to the terms and conditions of Participant’s service agreement with Participant’s wireless carrier. Other charges may apply (such as normal airtime, data charges, and carrier charges) and may appear on Participant’s mobile phone bill or be deducted from Participant’s prepaid account balance. Wireless carriers’ rate plans or data plans may vary, and Participant should contact Participant’s wireless carrier for more information on charges relating to Participant’s participation in this Promotion. Participation in this Sweepstakes by mobile phone means that Participant understands that Participant may receive additional data from Sponsor relating to this Promotion, including notifications to Participant if Participant is a potential winner in this Promotion, which will be subject to the charges pursuant to Participant’s carrier's rate plan. Cell phone/internet service may not be available in all areas. Participant should check Participant’s phone's capabilities for specific instructions.
  3. SELECTION OF WINNERS AND ODDS OF WINNING — The Participant to accumulate the most points at the end of the Promotion Period shall be deemed the First (1st) place winner and will receive the Prize of an Apple Series 5 Watch. The Participant to accumulate the second-most points at the end of the Promotion Period shall be deemed the Second (2nd) place winner and will receive the Prize of an Apple HomePod. The Participant to accumulate the third-most points at the end of the Promotion Period shall be deemed the Third (3rd) place winner and will receive the Prize of an Apple Airpod. In the event that two or more Participants have the same highest score, there will be a play-off round wherein an additional round of questions will occur. 

Winners will be identified immediately at the end of Promotion Period (“Notification Date”). Odds of winning the Prize depend on the total number of Participants. The winners are presented on the leadership board during the event. Each Winner will be asked to email Sponsor at lwilliams@fele.com to claim prize within five (5) days after the Promotion Period ends on December 11, 2020. If Sponsor does not hear from and is unable to reach the potential Winner within 5 days after the Notification Date, they will be disqualified and an alternate winner will be determined by Sponsor selecting from all remaining eligible entries received based upon the next-highest cumulative points. Non-winning entries will not carry forward to or be included in any subsequent promotion or prize drawings of Sponsor.  

  1. PRIZE DETAILS — Three winners will be chosen (“Prize Winners”). Total of three (3) Prizes. The First (1st) Place Winner will receive an Apple Series 5 Watch. The Second (2nd) Place Winner and will receive an Apple HomePod. The Third (3rd) Place Winner will receive a set of Apple Airpods. The approximate retail value (“ARV”) of each Prize is valued at up to $500 USD. Total ARV of all Prizes is $1,500 USD. APPLE is not affiliated with, does not sponsor, and has not endorsed the Sponsor or this Promotion in any way.
  2. PRIZE AWARDING - All Prizes will be awarded, provided more than enough entries have been received. Prizes are non-transferable, with no cash redemption or equivalent, except by Sponsor. At its sole discretion, Sponsor may substitute for a cash prize or goods or services with a value equal to or greater than the estimated retail value of the original prize. Sponsor is not responsible for and will not replace lost or stolen Prizes. Sponsor will order all selected prize giveaways and have them each shipped direct to the Prize Winners, at no expense to the Prize Winners. Each Potential Winner is responsible for responding and providing the correct ship-to address within X days after issuance of notification. A signature will be required at the time of delivery. Only one Prize will be awarded per winner.
  3. ACCEPTANCE OF PRIZE, RELEASE & ADVERTISEMENT — Sponsor shall provide potential Winners an Affidavit of Eligibility, a Liability Release, and, where permissible, a Publicity Release (the “Affidavit & Releases”). The potential winner must execute and return the Affidavit & Releases to Sponsor within 30 days of the Notification Date.  A copy of the Affidavit & Releases is attached hereto. Failure to provide to Sponsor with receipt of Affidavit & Releases within the required time period will result in forfeiture of Prize in which case Sponsor will determine an alternate potential winner by selecting from all remaining eligible entries received based upon the next-highest cumulative points. Prizes will be mailed to winners within 6-8 weeks from receipt by Sponsor of the executed Affidavit & Releases. Execution of the Affidavit & Releases and acceptance of a Prize constitutes the winner’s permission for Sponsor to use winner’s name, likeness, and biographical information for advertising and promotional purposes. (TN residents need not sign the publicity releases). Once the required information and official paperwork is received within the specified time period, is verified, and receives final approval by Sponsor, then and only then will a Potential 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 Promotion. 

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 Promotion 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. Participants indemnify, release, and hold harmless Promotion 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 Promotion. Participant acknowledges and agrees that Sponsor has not arranged for nor carries any insurance of any kind for the benefit of Participant or that of Participant’s heirs, executors, and administrators relative to Participant’s use of the Prize awarded to Participant; and that Participant is solely responsible for obtaining and paying for any insurance relative to the Prize awarded to Participant.

  1. TAXES & FEES — All taxes, fees, and surcharges for a Prize and all expenses not explicitly included in the description of the Prize shall be the sole responsibility of the Winners. 
  2. DISQUALIFICATION & FORFEITURE OF PRIZE — The potential winner shall be disqualified, and its Prize shall be forfeited if (i) the potential winner declines to accept the Prize, (ii) Sponsor determines the potential winner was not eligible to participate in the Promotion, or (iii) the potential winner fails to provide Sponsor with the Affidavit & Release within the time required under these Official Rules.  In the event of disqualification and forfeiture of a Prize, Sponsor will conduct a review of all remaining eligible entries to determine any alternative potential winner based on the next highest number of point accumulated during the Promotion.
  3. CONDITIONS OF ENTRY and DISCLAIMER OF RESPONSIBILITY — Neither Sponsor nor its agents shall be 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 for late, lost, stolen, illegible or misdirected entries. Sponsor nor its agents shall be responsible for computer software or hardware malfunctions or failures of any kind. Sponsor nor its agents shall be responsible for lost or unavailable computer, cable, or telephone network connections, or for failed, incomplete, or delayed computer or telephone transmissions of any kind, including those that result from any type of human error. Sponsor nor its agents shall be responsible for any damage to any computer used to participate in the Promotion. 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 Promotion, or if any difficulties compromise the administration, security, fairness, integrity, or proper conduct of the Promotion, the Sponsor reserves the right to void any entries at issue and/or to suspend, modify, cancel, or terminate the Promotion, 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 email 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 Promotion. Notice of such action will be posted online at franklinwater.com. 

Caution: Any attempt by a user, you, or any other individual to deliberately damage or undermine the legitimate operation of the Promotion 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. 

  1. GOVERNING LAW & REMEDIES — The Promotion is void where prohibited.  The laws of the United States and the State of Indiana, U.S.A., govern the Promotion without giving effect to any choice of law or conflict of law rules or provisions thereof. Sponsor and Participants agree that: (i) any judicial proceeding for disputes, claims, and causes of action arising out of the Promotion shall take place in a federal or state court of competent jurisdiction with the State of Indiana; (ii) any and all claims, judgments, and awards shall be limited to actual out-of-pocket expenses incurred, including any costs deemed related to participation in the Promotion, but in no event shall any damages include attorneys fees; and (iii) except for out-of-pocket expenses, under no circumstances shall a Participant be entitled or permitted to obtain an award for punitive, incidental, or consequential damages or any other damages, and each Participant hereby waives any and all rights to any such damages.
  2. PARTICIPANT DATA AND PRIVACY — By participating, including the submission of any prize notification documents (“Participant Data”), Participant  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 the Winners’ names on the Sponsor website, and in a Winners List, without additional compensation to Participants, except where prohibited by law (“Advertising”). Each winning Participant 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 Winners’ names, likeness or voice under contract, tort or any other theory of law. Any Participant Data shall be used in a manner consistent with the consent given by Participants at the time of Entry, with these Official Rules, and with Sponsor’s Online Privacy Policy, which can be found at the link shown below. Personal information you provide when you participate in the Promotion will be collected, used and disclosed by Sponsor and its authorized agents for the purposes of administering the Promotion and prize fulfillment. This information will be maintained on servers located in the United States and will be subject to the laws of the United States. Submission of personal and contact information in connection with the Promotion constitutes permission for Sponsor to add Participant to Sponsor’s customer database and to contact Participants for future promotions, events, and offers. Participants may opt out of receiving such communications by contacting Sponsor. For more information, please see our Privacy Policy available at www.franklinfueling.com/policies.
  3. QUESTIONS OR COMMENTS — If you have any questions or comments regarding the Promotion, please contact Sponsor at the mailing address, telephone number, or e-mail address listed below.

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

  1. WHO WON - For the names of the Prize winners, available up to 90 days after the end of the Promotion Period, please send an e-mail titled the “2020 Groundwater Week Giveaway Winner” to us at franklinwater@fele.com after December 18, 2020. [SM11] For names of winners/available after the ninety-day period has passed (up to thirty days after the expiration of this deadline), send a self-addressed, stamped envelope to Franklin Electric, 9255 Coverdale Rd. Ft. Wayne, IN 46809. 
  1. 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. Participants 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 Promotion-related materials, privacy policy or terms of use on the 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 Promotion at any time without notice.