America’s Swimming Pool Company and Mosquito Squad
#OperationOutdoorOasis Contest – Official Rules
HOW TO ENTER:
The Operation: Outdoor Oasis contest from America’s Swimming Pool Company and Mosquito Squad ("the Giveaway") begins on March 1, 2021 at 7:00 am EST and runs through 5:00 p.m. EST on May 3, 2021. For a chance to win the Giveaway, Mosquito Squad Franchising, LLC (“Mosquito Squad”) and ASP Franchising, LLC (“ASP”) (Mosquito Squad and ASP, collectively, "Sponsor") must receive your entry by 5:00 p.m. EST on May 7, 2021 using one of the following links:
https://www.mosquitosquad.com/outdoor-oasis/ or https:// https://www.asppoolco.com/outdoor-oasis/. Sponsor’s designated computer is the official time keeping device for this Giveaway.
Sponsor will randomly select and announce the name of the individual winner (the “Winner”) no later than 5:00 pm EST on May 3, 2021. The Winner will be notified via e-mail and announced on social media. If you are selected and meet the eligibility requirements, Sponsor will contact you to coordinate fulfillment of the Prize. Winner of the Prize (including providing all documentation required) must claim the Prize by 5:00 p.m. EST on June 3, 2021.
ELIGIBILITY:
No purchase necessary. Only one (1) entry per user. Entrants must be eighteen (18) years of age or older at the time the entry is submitted and be a legal resident of one (1) of the fifty (50) United States and Washington, D.C.. Entrant’s yard size must be one (1) acre or less and have an inground pool. The Giveaway is not open to any individual that is the parent, sibling, spouse, or any member living in the same household (whether or not related) as an employee, officer or director of Sponsor, or any of its respective agencies, affiliates, subsidiaries, or parent companies (“the Sponsor Affiliates”). Sponsor reserves the right to require proof of eligibility. By participating, you agree to these Official Rules, that all decisions by Sponsor are final and binding in all respects and accept and agree to be bound by these Official Rules. You agree that submission of your entry constitutes your agreement to be part of the Giveaway and to receive promotional and other solicitations from or on behalf of Sponsor. Sponsor reserves the right, at its sole discretion, to disqualify any individual from the Giveaway that it finds, in its sole discretion, to be tampering with the entry process, or the operation of the Giveaway, to be acting, or be, in violation of the Official Rules; or to be acting in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person or interfere in any manner with any aspect or portion of this Giveaway. Any use of any robotic, automatic, macro, programmed, copied, or like entry methods, will void all such entries by any such methods, and will disqualify any participant using such methods. Any entry that the Sponsor determines is incomplete or believes to be fraudulent or corrupted is void and will not be accepted and will be disqualified from the Giveaway. Multiple entries from the same individual or that violate these rules of eligibility will result in disqualification of the entry and the individual.
WINNERS/PRIZE:
The Sponsor will be awarding one (1) prize to one winner (1) that consists of two (2) separate services packages (collectively, the “Prize”). The Prize will consist of two (2) separate services performed from May 31, 2021 through September 6, 2021 with such services being: one (1) awarded Protective Barrier Treatment Season Package (“Mosquito Squad Service”) and one (1) Inground Weekly Pool Cleaning Service with chemicals included (“ASP Service”). The Mosquito Squad Service is valued up to $1,400, depending on Entrant’s yard size and the ASP Service is valued up to $800, depending on inground pool size. The Mosquito Squad Service and the ASP Service will be performed by the participating location nearest the Winner’s residence as determined by Winner’s home address zip code submitted as part of the entry process. The Prize is non-transferable. In the event the pool is not serviceable by the participating ASP franchise location (“Franchise”) in Franchise’s and/or ASP’s sole discretion, the ASP Service will be substituted with an $800 gift certificate from ASP for any product or service offered by that ASP location. The Prize is nontransferable and no substitution will be made except as provided herein at Sponsor’s sole discretion. Sponsor reserves the right to substitute any and all Prizes (or a component thereof) for one of equal or greater value if the Prize should become unavailable for any reason. Sponsor may require the Winner to sign an affidavit of eligibility and liability/publicity release, as well as participate in publicity events. All expenses not specified herein, including, without limitation, all federal, state and local taxes, is the Winner’s sole responsibility. Winner must claim the Prize by 5:00 p.m. EST on June 3, 2021. Failure to timely claim the Prize (including providing all documentation required) by the deadline will result in forfeiture of the Prize.
ANNOUNCEMENT OF WINNER:
Sponsor will announce the Winner of the Prize on May 3, 2021, on the websites listed above, and the Winner will be also be notified by e-mail using the email address used in the entry process by Winner and announced on Sponsor and Sponsor Affiliates’ social media pages.
DISCLAIMER, LIMITATION OF LIABILITY, OTHER REQUIREMENTS:
All entrants, as a condition of entry, agree to be bound by these Official Rules and the decisions of Sponsor. Except where prohibited by law, by entering the Giveaway, each entrant consents to the use of his/her name, voice, picture, likeness and biographical data, company name and/or any other information contained in his/her entry in advertising, promotional and marketing materials by Sponsor and the Sponsor Affiliates without additional compensation, which may require, without limitation, winner to appear in person or in an Internet broadcast or video. In addition, by entering, all entrants, except where prohibited by law, consent to being photographed, filmed, taped and/or interviewed and/or their name and likeness being included in printed or electronic publications about the Giveaway. In connection therewith, all entrants hereby grant full permission and consent, and assign all rights, title and interest to Sponsor and the Sponsor Affiliates to utilize any of the results of such photographing, filming, taping and/or interviewing, and the use of their name and likeness, in any and all media now known or hereafter devised, including, the World Wide Web, and do hereby release and agrees to indemnify and hold harmless Sponsor and the Sponsor Affiliates, and all of their respective directors, officers, employees, representatives, agents, successors and assigns from any and all liability for any injuries, loss or damage of any kind to person(s), including death, property, and intellectual property infringement, arising in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of the Prize or participation in the Giveaway. The winner shall bear all risk of loss or damage to his/her Prize after taking possession of the Prize.
Sponsor may require the winner to sign, have notarized and return an affidavit of eligibility, including proof of identity, and a liability/publicity release within five (5) days of receipt of such document(s) or else the Prize will be forfeited. All Prize claims and Winner materials will be verified by the Sponsor. If, for any reason, the Giveaway is not capable of running as planned for any reason, including but not limited to, any infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failure, or other cause beyond Sponsor’s control which the Sponsor, in its sole opinion, deems could corrupt or affect the administration, security, fairness, integrity or proper conduct of this Giveaway, Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Giveaway, in whole or in part, and reserves the right to perform a random drawing from among all eligible entries received prior to such cancellation, suspension or modification of the Giveaway or as otherwise may be deemed fair and appropriate by Sponsor. Sponsor shall not be liable in the event it disqualifies any individual in violation of these Official Rules. Sponsor shall not be liable for any an entry that is not received, is misdirected, late, lost, stolen, illegible, or has postage due. Sponsor is not responsible for contacting any winner that has changed contact information and failed to provide Sponsor in a timely manner with the proper contact information when such information is required.
Neither Sponsor nor the Sponsor Affiliates make any warranty, representation, or guarantee, express or implied, in fact or in law, regarding or relative to the value or use of any Prize including, without limitation, quality, merchantability, or fitness for a particular purpose. Neither Sponsor nor the Sponsor Affiliates are responsible for technical, hardware, software, or telephone malfunctions of any kind, lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications caused by Sponsor or the Sponsor Affiliates, the user, by any of the equipment or programming associated with or utilized in this Giveaway, or by any human error which may occur in the receipt or processing of the entries in the Giveaway and that may limit a participant's ability to participate in the Giveaway. Sponsor reserves the right to modify these Official Rules in any way or at any time, as long as Sponsor gives reasonable notice, which shall be deemed to be fulfilled once the modified Official Rules are posted on the websites listed above.
ANY CLAIMS, JUDGMENTS AND/OR AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS ASSOCIATED WITH ENTERING THIS PROMOTION. REGISTERED PARTICIPANT HEREBY WAIVES ANY RIGHTS OR CLAIMS TO ATTORNEYS’ OR OTHER PROFESSIONALS’ FEES, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ENTRANT, WHETHER FORESEEABLE OR NOT AND WHETHER BASED ON NEGLIGENCE OR OTHERWISE.
TAXES:
The Winner who takes possession of the Prize is solely responsible for reporting and paying any and all applicable federal, state and local taxes. The Winner is responsible for any and all tax implications related to the Prize. The Winner must provide Sponsor with valid identification and a valid taxpayer identification number or social security number before the Prize will be awarded. The Winner of the Giveaway will receive an IRS Form 1099-MISC at the end of the calendar year in which the market value of the product will be allocated, a copy of which will be filed with the IRS.
RELEASE:
The Winner, by acceptance of the Prize, agrees to and does hereby release Sponsor and Sponsor Affiliates from any and all liability, claims or actions of any kind whatsoever for injuries, damages or losses to persons and property which may be sustained in connection with the receipt, ownership or use of the Prize.
MISCELLANEOUS:
This Giveaway is subject only to the laws of Maryland in the United States. Prize will be awarded and/or delivered only to addresses within the United States. An unclaimed Prize will not be awarded. Additionally, Sponsor reserves the right to prosecute any fraudulent activities to the full extent of the law. Failure to comply with these Official Rules may result in disqualification.
ARBITRATION/CHOICE OF LAW:
Except where prohibited, participants in the Giveaway agree that: (1) any and all disputes, claims, and causes of action arising out of or connected with this Giveaway, or any prize awarded, or the administration of the Giveaway or the determination of Winner, shall be resolved individually, without resort to any form of class action, and exclusively by arbitration, to take place in the State of Maryland, U.S.A. pursuant to the Rules of the American Arbitration Association, then effective, (2) any and all claims, judgments and awards shall be limited to actual out-of- pocket costs incurred, including costs associated with entering this Promotion but in no event attorneys’ fees; and (3) under no circumstances will a participant be permitted to obtain awards for and participants hereby waive all rights to claim 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. Except where prohibited, all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of participant(s) and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of Maryland, without regard to conflicts of law doctrine.
THIS GIVEAWAY IS VOID WHERE PROHIBITED BY LAW.
NO PURCHASE NECESSARY.