Sweepstakes Official Rules & Regulations

FRANKLIN FUELING SYSTEMS 

2021 FRANKLIN VIP SWEEPSTAKES

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.  PURCHASE OF ANY GOOD(S) OR SERVICE(S) WILL NOT INCREASE YOUR CHANCES OF WINNING.  VOID WHERE PROHIBITED BY LAW.

 

  1. SPONSOR — The 2021 Franklin VIP Sweepstakes (the “Sweepstakes”) is sponsored by Franklin Fueling Systems, 3760 Marsh Road, Madison, WI 53718 (the “Sponsor”).
  2. SWEEPSTAKES PERIOD — The Sweepstakes begins at 12:00 AM CST on 9/17/2021 and ends at 11:59 PM CST on 10/8/2021 (the "Sweepstakes Period"). Sponsor's computer is the official time-keeping device for the Sweepstakes.
  3. ELIGIBILITY — The Sweepstakes is only open to legal residents of the 50 U.S. States or D.C. and Canada (excluding residents of the Province of Quebec) who have reached the age of majority in their jurisdiction as of the date of Entry (“Entrant”). Sponsor and its affiliates, subsidiaries, divisions, independent contractors, officers, directors of Sponsor, competitors, fulfillment and advertising and promotion agencies, including employees of the foregoing (“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. The Sweepstakes is void where prohibited or restricted by law.  All federal, state, provincial and local laws and regulations apply.
  4. HOW TO ENTER — There are three (3) methods of Entry for this Sweepstakes. NO PURCHASE NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. Each eligible Entrant will receive a VIP box from Sponsor that contains a new Franklin Fueling Systems lanyard (“FFS Lanyard”). Only one Entry per Entrant.   

 

Facebook Entry: Entrants should first visit https://www.facebook.com. To enter via this method, you must have or create a public Facebook account. Membership on Facebook is free, and Entrants are invited to follow @franklinfueling. To enter the Sweepstakes, eligible Entrants will receive one entry into this Sweepstakes by posting a photo of yourself wearing your new FFS Lanyard on your public Facebook account and tagging @franklinfueling during the Sweepstakes Period. After completing the Entry requirements, Entrant will automatically receive one Entry into the Sweepstakes.

 

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 platform, 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 Facebook account. Any attempt by any Entrant to obtain more than the stated number of entries by using multiple/different Facebook 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 direct message to obtain email address for verification. Facebook is not a sponsor, does not endorse, and is in no way affiliated with the Sweepstakes.

 

Twitter Entry: Entrants should first visit https://www.twitter.com. To enter, you must have or create a public Twitter account. Membership on Twitter is free, and Entrants are invited to follow @franklinfueling. To enter the Sweepstakes, eligible Entrants will receive one entry into this Sweepstakes by posting a photo of yourself wearing your new FFS Lanyard on your public Twitter account and tagging @franklinfueling during the Sweepstakes Period. After completing the Entry requirements, Entrant will automatically receive one Entry into the Sweepstakes.

 

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 Twitter platform, 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 Twitter account. Any attempt by any Entrant to obtain more than the stated number of entries by using multiple/different Twitter 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 Twitter direct message to obtain email address for verification. Twitter is not a sponsor, does not endorse, and is in no way affiliated with the Sweepstakes.

 

LinkedIn Entry: Entrants should first visit https://www.linkedin.com. To enter, you must have or create a public LinkedIn account. Membership on LinkedIn is free, and Entrants are invited to follow @franklinfueling. To enter the Sweepstakes, eligible Entrants will receive one entry into this Sweepstakes by posting a photo of yourself wearing your new FFS Lanyard on your public LinkedIn account and tagging @franklinfueling during the Sweepstakes Period. After completing the Entry requirements, Entrant will automatically receive one Entry into the Sweepstakes.  

 

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 LinkedIn platform, 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 LinkedIn account. Any attempt by any Entrant to obtain more than the stated number of entries by using multiple/different LinkedIn 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 LinkedIn direct message to obtain email address for verification. LinkedIn is not a sponsor, does not endorse, and is 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.

 

  1. LIMITS – There is a limit of one (1) Entry per Entrant for the entire Sweepstakes Period. All entries become the property of Sponsor and will not be acknowledged or returned. If Entrant has multiple Facebook, Twitter, or LinkedIn accounts, Entrant will only be entered once into the Sweepstakes.

 

  1. 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.

 

Entrants represent and warrant 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.

 

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

 

  1. 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.

 

  1. PRIZE DRAWING AND ODDS OF WINNING — Sponsor will conduct one (1) random prize drawing from eligible entries received during the Sweepstakes Period. The drawing will be conducted within 30 days of the end of the Sweepstakes Period. Odds of winning depend on number of eligible entries received.

 

Sponsor will notify a potential Winner by sending a message via direct message on the social media platform, whether Facebook, Twitter, or LinkedIn, used to submit the Entry no later than November 8, 2021 (“Notification Date”), and the potential Winner must respond within 14 days of the Notification Date to claim the Prize. If Sponsor is unable to reach the potential Winner within 14 days after the drawing, they will be disqualified and an alternate winner will be determined by Sponsor conducting a random drawing from all remaining eligible entries received. Non-winning entries will not carry forward to or be included in any subsequent sweepstakes or prize drawings of Sponsor.

 

  1. PRIZE DETAILS – One (1) Winner will be randomly selected. Total of one (1) Prize. The Winner will receive one (1) $500 USD gift card to a retailer of Winner’s choice (“Prize”). The approximate retail value (“ARV”) of the Prize is $500 USD. Total ARV of all Prizes is $500 USD. Winner is solely responsible for any taxes on the Prize. The Prize will be shipped at no expense to the Winner. Each Potential Winner is responsible for responding and providing the correct ship-to address within 14 days after issuance of notification. A signature will be required at the time of delivery. Only one Prize will be awarded per Winner.  Any third-party entity/brand on the gift card Prize is not affiliated with, does not sponsor, and has not endorsed the Sponsor or this Sweepstakes in any way.

 

  1. PRIZE AWARDING -- The Prize will be awarded, provided more than enough entries have been received. The Prize is 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 Prize. Sponsor will order the selected Prize and have it shipped direct to the Prize Winner.     

 

  1. ACCEPTANCE OF PRIZE, RELEASE & ADVERTISEMENT — Sponsor shall provide potential Winners, who must execute and return to Sponsor an Affidavit of Eligibility, a Liability Release, and, where permissible, a Publicity Release (the “Affidavit & Releases”). Sponsor must receive a potential winner’s executed Affidavit & Releases at the time the potential winner claims his/her prize.  Failure to provide to Sponsor with an executed Affidavit & Release within the required time period will result in forfeiture of the Prize in which case Sponsor will conduct a separate random drawing from remaining eligible entries to determine any alternative winner at that time.  Prizes will be mailed to winners within 6-8 weeks of receipt of the executed Affidavit and Release.  Execution of the Affidavit & Releases and acceptance of a Prize constitutes, where legal, 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 Sweepstakes.

 

PRIZE 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.

 

  1. CANADIAN WINNER – A Canadian Winner, in order to win and receive a prize, must first correctly answer, unaided and without mechanical or electronic assistance, a time-limited mathematical skill-testing question administered by mail or by telephone. Failure of a Canadian Winner to correctly answer the skill-testing question in the time allotted will result in disqualification and the forfeiture of his or her interest in the Prize, and the selection of a substitute Winner from among all remaining eligible entries. The Canadian Winner will be notified by phone or email. If the Canadian Winner does not respond within 14 days of the date appearing on the prize notification, or fails to comply with the instructions contained in the prize notification within that time period, Sponsor reserves the right to randomly select an alternate winner from the pool of remaining eligible entries.

 

  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 Winner.

 

  1. DISQUALIFICATION & FORFEITURE OF PRIZE — The Winner shall be disqualified and his/her Prize shall be forfeited if (i) the Winner declines to accept the Prize, (ii) Sponsor determines the Winner was not eligible to participate in the Sweepstakes, (iii) the Winner fails to provide Sponsor with winner’s Affidavit & Release within the time required under these Official Rules, or (iv) for Canadian entrants, the Winner fails to correctly answer the skill testing question. In the event of disqualification and forfeiture of a prize, Sponsor will conduct a separate drawing from all remaining eligible entries received in applicable regional sales territory to determine any alternative winner.

 

  1. 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. Neither Sponsor nor its agents shall be responsible for computer software or hardware malfunctions or failures of any kind.  Neither 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.  Neither Sponsor nor its agents shall be responsible for any damage to any computer used to participate in the Sweepstakes. 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://franklinfueling.com/viprules. 

 

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.

  1. GOVERNING LAW & REMEDIES — The Sweepstakes is void where prohibited. Subject to any applicable local laws, the laws of the United States and the State of Indiana, U.S.A., govern the Sweepstakes without giving effect to any choice of law or conflict of law rules or provisions thereof.  Sponsor and Entrants agree that: (I) any judicial proceeding for disputes, claims, and causes of action arising out of the Sweepstakes 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 Sweepstakes, but in no event shall any damages include attorney’s fees; and (iii) except for out-of-pocket expenses, under no circumstances shall an Entrant be entitled or permitted to obtain an award for punitive, incidental, or consequential damages or any other damages, and each Entrant hereby waives any and all rights to any such damages.
  2. 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 the Winners’ names on the Sponsor website, and in a Winners List, without additional compensation to Entrants, 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 Winners’ names, 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 the link shown below. Personal information you provide when you enter the Sweepstakes will be collected, used and disclosed by Sponsor and its authorized agents for the purposes of administering the Sweepstakes 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 Sweepstakes constitutes permission for Sponsor to add Entrant to Sponsor’s customer database and to contact Entrants for future promotions, events, and offers.  Entrants may opt out of receiving such communications by contacting Sponsor. For more information, please see our Privacy Policy available at franklinfueling.com/policies.
  3. QUESTIONS OR COMMENTS — If you have question or comments regarding the Sweepstakes, please contact Sponsor at the mailing address, telephone number, or e-mail address listed below.

Franklin Fueling Systems

3760 Marsh Road

Madison, WI 53718

Telephone: 1-800-225-9787

Heather.stangeland@franklinfueling.com

 

 

  1. WHO WON – For the name of the Prize Winner, available up to 60 days after the drawing, please send a letter titled the “The 2021 Franklin VIP Sweepstakes” to Heather Stangeland, Franklin Fueling Systems, 3760 Marsh Road, Madison, WI 53718.
  2. 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 Sweepstakes-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 Sweepstakes at any time without notice.