Somero Fall Giveaway Rules

NO PURCHASE NECESSARY. A PURCHASE WILL NOT IMPROVE YOUR ABILITY TO WIN THIS GIVEAWAY. THIS SWEEPTAKES IS INTENDED FOR VIEWING AND PARTICIPATION ONLY IN THE FIFTY (50) UNITED STATES AND DISTRICT OF COLUMBIA. YOU MUST BE LOCATED IN ONE OF THE FIFTY (50) UNITED STATES OR DISTRICT OF COLUMBIA AT TIME OF ENTRY.

  1. Sponsor: Somero® Fall Giveaway (the “Giveaway”) is sponsored by Somero® Enterprises Inc., 14530 Global Parkway, Fort Myers, FL 33913 (the “Sponsor”).
  2. Giveaway Entry Dates: Entry into Giveaway begins at 12:00:00 a.m. Eastern Standard Time (EST) on December 1, 2021 and ends at 11:59:59 p.m. EST on February 28, 2022 (the “Entry Period”).
  3. Eligibility: The Giveaway is open only to legal residents of the fifty (50) United States and District of Columbia who: (a) are 18 years of age or older as of Giveaway start date; and (b) at the time of entry and through the completion of the Giveaway: (i) have access to the internet and (ii) have a mobile device capable of sending and receiving SMS and MMS messages (which must remain the same throughout the Giveaway). Employees of the Sponsor, Sponsor’s advertising and promotion agencies, Digital Sky Interactive, Inc. (the “Administrator”), and any of their respective subsidiary or affiliated companies, or any other entities involved in the administration or fulfillment of this Giveaway, as well as all such employees’ immediate family members (defined as spouse, child, parent, sibling; whether biological, adopted, step or in-law) and/or those living in the same household of such employees (whether related or not) are not eligible. All federal, state and local laws and regulations apply. Void where prohibited by law.
  4. How to Enter the Giveaway: To enter, Text ‘WIN’ to 833-369-3225 from your mobile device. Or enter online at https://www.somero.com/somero-winter-giveaway-2021/. Limit one (1) Entry per person. If it is discovered that more than one Entry has been submitted from the same person, all Entries obtained from such person and from such mobile device number will be disqualified. Sponsor is not responsible for Entries that are altered, damaged, delayed, deleted, destroyed, forged, fraudulent, improperly accessed, inaccurate, incomplete, interrupted, irregular in any way, late, lost, misdirected, multiple, non-delivered, stolen, tampered with, unauthorized, unintelligible or otherwise not in compliance with these Official Rules. Each such potential Entry will be disqualified. By submitting an Entry you understand that you are entering into a transactional relationship with Sponsor/Administrator and may receive SMS and MMS messages from Sponsor/Administrator relating to the Giveaway.
  5. Winner Selection: On or about February 28, 2021, Administrator will randomly select one Grand Prize winning Entry among all eligible Entries received.  Administrator’s and Sponsor’s decisions are final in all matters relating to this Giveaway.  Odds of winning depend on total number of eligible Entries received.  Each entry selected as a winning Entry and the entrant who submitted such Entry are subject to verification of eligibility and compliance with these Official Rules before any prize will be awarded.
  6. Prizes: One (1) Grand Prize winner will be awarded an Electronic Gift Code valued at $300 for use in the Somero® Merchandise Store to purchase Somero® logowear.
  7. Winner Notification and Verification: Each potential winner will be notified by SMS message at the mobile device number provided in the Entry (the “Winner Notification Message”). If Winner Notification Message is returned as undeliverable, if Sponsor determines that a potential winner does not meet the eligibility requirements or is otherwise not in compliance with these Official Rules, or if a prize is returned as undeliverable, the potential winner will be disqualified and the prize will be forfeited. In such cases, Sponsor reserves the right to select an alternative winner from the remaining eligible entries received, and to follow the same Winner Notification and Verification process with that alternate potential winner. Sponsor is under no obligation to make more than one attempt to notify a single potential winner by SMS message at the mobile device number provided in the Entry. Sponsor is under no obligation to make more than one attempt to secure an alternate winner. If after two attempts to notify and verify a winner for any given prize the prize remains unclaimed, prize will be deemed unclaimed and may not be awarded.
  8. General Rules: By entering or participating in the Giveaway in any manner, and/or accepting a prize, each entrant agrees to release and hold harmless Sponsor, its advertising/promotion agencies, Administrator, and each of their parent, affiliated and subsidiary companies, and all of their employees, officers, directors, shareholders, agents, representatives and assigns (collectively the “Released Parties”) from and against any and all claims, damages and liability arising out of participation in this Giveaway and/or the acceptance, possession, use or mis-use of any prize. Acceptance of a prize constitutes permission for the Sponsor and its agencies to use winner’s name and/or likeness for purposes of advertising and trade without further compensation, unless prohibited by law. By participating in this Giveaway, entrants agree to be bound by the Official Rules and the Sponsor’s and Administrator’s decisions, which are final and binding. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any promotional materials and the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control. All material submitted in connection with this Giveaway becomes the sole property of Sponsor and will not be returned. Sponsor is not responsible for any typographical or other error in the printing of the offer, administration of the Giveaway or in the announcement of the prize. In no event will more than the stated number of prizes be awarded.
  9. Notice: ANY ATTEMPT BY AN INDIVIDUAL TO DELIBERATELY DAMAGE THE GIVEAWAY WEBSITE OR ANY OTHER WEBSITE, OR UNDERMINE THE LEGITIMATE OPERATION OF THIS GIVEAWAY, MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor is not responsible for faulty transmissions, incorrect announcements of any kind, technical hardware or software failures of any kind including any injury or damage to any person’s computer related to or resulting from participating in or experiencing any materials in connection with the Giveaway, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer transmission that may limit a user’s ability to participate in the Giveaway. Sponsor reserves the right to cancel or modify the Giveaway if fraud, misconduct or technical failures destroy the integrity of the Giveaway; or if a computer virus, bug or other technical problem corrupts the administration or security of the program as determined by Sponsor, in its sole discretion; or if acts of God, acts of war, natural disasters, weather or acts of terrorism or any other reason outside Sponsor’s reasonable control results in Sponsor’s inability to continue the Giveaway as originally planned. In the event of termination, a notice will be posted on the Giveaway Website or on Sponsor’s other websites, and if possible, Sponsor will award the prize from among legitimate Entries received prior to the event causing termination. Any use of robotic, automatic, programmed or the like methods of participation to enter will void all such Entries by such methods. Sponsor reserves the right to prohibit the participation of an individual if fraud or tampering is suspected or if the entrant fails to comply with any requirement of participation as stated herein or with any provision in these Official Rules. In the event of a dispute as to the identity of the entrant, the entrant will be deemed the person named in the entry form associated with the Entry.
  10. Limit of Liability, Arbitration and Choice of Law: Except where prohibited by law, as a further condition of participating in this Giveaway, each entrant agrees that (a) any and all disputes 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 final and binding arbitrations under the rules of the American Arbitration Association (“AAA”); (b) the Federal Arbitration Act shall govern the interpretations, enforcement and all proceeding at such arbitration; and (c) judgment upon such arbitration award may be entered in any court having jurisdiction. Under no circumstance will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorney’s fees, and entrant further waives all rights to have damages multiplied or increased. Each entrant agrees that this agreement is governed by the laws of the State of Florida (without regard to any conflicts of law provisions) and by entering, Entrant hereby consents to the exclusive personal jurisdiction of the State of Florida.
  11. Privacy: Personal information collected by Sponsor in connection with this Giveaway is subject to the privacy policy posted on the Giveaway Website.
  12. Winner’s Name: For the name and address (city/state only) of the winner, please send a self-addressed stamped envelope postmarked by February 28, 2022 to: Somero® Enterprises Inc., 14530 Global Parkway, Fort Myers, FL 33913.