The H.U.G.S. Sweepstakes

Official Rules

NO PURCHASE OR DONATION NECESSARY TO ENTER OR WIN.  PURCHASE WILL NOT INCREASE ODDS OF WINNING.  Sweepstakes begins at 12:01 a.m., Eastern Time, (ET), December 10, 2010, and ends at 11:59 p.m., ET, September 10, 2011. Sweepstakes open to all legal residents of New York who are 18 years of age or older. All profits from this Sweepstakes will be turned over to the non-profit organization HUGS Foundation Inc. This organization is a registered not-for-profit organization under 501(c) (3) of the Internal Revenue Code. Employees of the HUGS Foundation Inc., its affiliated subsidiaries, advertising and promotion agencies, as well as the immediate family (spouse, parents, siblings and children and their respective spouses, regardless of where they reside) and household members of each such employee, whether related or not, are NOT ELIGIBLE to participate. This Sweepstakes is subject to all applicable federal, state, and local laws and regulations. Participation in this Sweepstakes constitutes participant’s full and unconditional agreement to these Official Rules and Charitable Organization’s decisions, which are final and binding in all matters related to this Sweepstakes. Winning the prize is contingent upon fulfilling all requirements set forth herein. Void where prohibited.

Three Ways to Enter.  (A) Visit www.helpusgivesmiles.org, complete the official online registration form and make a suggested donation of $50.00 per entry or (B) Make a $50.00 donation and complete the on-site registration form at various events and mail it to: HUGS Foundation Inc. 973 East Ave. Rochester, NY 14607 or  (C) To enter without making a donation hand-print your name, address, day and night telephone numbers and age on a 3” x 5” card and mailing it in a standard business-size #10 envelope to: “Help Us Give Smiles” Sweepstakes” ASC, 90 Rockwood Place, Rochester N.Y. 14610. Limit one entry per person, per envelope, per day. All mailed entries must be postmarked by September 10, 2011and received by September 15, 2011. All entries become the property of the Sponsor and will not be returned. Sponsor not responsible for illegible, damaged, lost, late, misdirected, incomplete or postage due mail, or other errors associated with the Sweepstakes.

Internet Limitations of Liability: If for any reason, this Sweepstakes is not capable of running as planned due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond Charitable Organization control, which affects the proper conduct of the Sweepstakes, the Charity reserves the right, in its sole discretion, to disqualify any individual who tampers with the entry process (if applicable), and to cancel, terminate, modify or suspend the Sweepstakes in whole or in part, at any time, without notice and award prizes using all non-suspect eligible entries received as of the termination/suspension date. Charitable Organization assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. Charitable Organization is not responsible for: lost, late, incomplete, illegible, incorrect, delayed, garbled, undelivered, or misdirected entries; theft, destruction or unauthorized access to, or alteration of, entries; failures or malfunctions of phones, phone lines or telephone or data transmission systems; interrupted or unavailable network, server or other connections; any error, omission, interruption, defect or delay in any transmission or communication; traffic congestion on the Internet or any technical problem, including but not limited to any injury or damage to any persons computer related to or resulting from Sweepstakes participation; typographical, printing or other errors or omissions in these Official Rules, in any Sweepstakes-related advertisements or other materials, or other problems or errors of any kind whether computer, network, mechanical, human, electronic, typographical, printing or otherwise relating to or in connection with the Sweepstakes, including, without limitation, errors or problems which may occur in connection with the administration of the Sweepstakes, in the processing of entries, in the selection or announcement of winners or in the awarding of prizes. Charitable Organization is not responsible for any damage to an entrant’s system which is occasioned by participating in this Sweepstakes or by downloading any information necessary to participate in this Sweepstakes. Charitable Organization also is not responsible for incorrect or inaccurate entry information whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Sweepstakes or by any technical or human error which may occur in the processing of the entries in the Sweepstakes. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE CHARITY RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
Grand Prize: One (1) Grand Prize will be awarded. The Grand Prize Winner will receive a 55” 3-Dimensional Samsung TV, 3D Active Glasses, and a Blu-Ray 3D DVD Player. Prize package has an approximate retail value (ARV) $4,000.00. (Note: Free delivery and basic set-up in the Rochester NY area). Also, The Grand Prize winner will have a chance to win a 2011 Lexus IS 350C that has an (ARV) of  $50,000 in an Insured Prize envelope game (see below**). The Grand Prize winner is required to comply with any and all applicable federal, state and local laws, rules and regulations including, but not limited to licensing and insurance requirements. All applicable tax, title, registration and licensing fees are the sole responsibility of the winner. The value of the prize is taxable as income and the winner is solely responsible for all matters relating to the prize after it is awarded. The prize will be deemed awarded upon the winners signing the lease or the receipt of the check for the cash award. By accepting the Grand Prize, the prize winner agrees to release the Sponsor and the Released Parties from any and all liability whatsoever for any injuries, losses, or damages of any kind caused by entering the promotion or for damages of any kind caused by any prize or resulting from acceptance, possession, or use/misuse of prize awarded.
**For the chance to win the 2011 Lexus IS 350C, the Grand Prize winner will be invited to select two (2) envelopes out of fifteen (15) sealed envelopes. Two of these 15 envelopes contain a certificate for the 2011 Lexus IS 350C. In order to win, both winning envelopes must be selected. If both envelopes are selected, the winner will receive a 2011 Lexus IS 350C or a Cash Option of $35,000. The winning envelopes will be revealed if not selected by the Grand Prize winner.
All features or upgrades not included by Sponsor will be allowed only if permitted by Sponsor and paid for by winner. The depiction of the Prize Vehicle in any advertising or promotional materials, or as part of any display may not reflect the actual Prize Vehicle. Sponsor shall not be responsible for delays in delivery, and delivery is subject to availability. Sponsor, however, shall use all reasonable efforts, subject to availability, to deliver the Prize within 180 days after receipt of the aforementioned items/information. Winner shall bear all risk of loss or damage to the Sponsors Vehicle after it has been delivered to the specified delivery site. The winner must personally retrieve the Sponsors Vehicle within 14 days of written notification of delivery and must present adequate personal identification and evidence of legally required insurance. If winner does not provide proof of a valid driver’s license and proof of insurance prior to delivery, winner forfeits prize. The Prize shall only be delivered to the authorized Lexus dealership in Rochester, NY where the winner shall execute the necessary paperwork and take delivery. Winner is responsible for all taxes, including but not limited to federal, state and local taxes, title, license, registration, dealer preparation costs, delivery or destination fees, auto insurance, gasoline, and other requirements and expenses and fees associated with the acceptance and use of prize. By law, The Charitable Organization will provide the Sweepstakes winner with an appropriate Internal Revenue Service Form that will indicate the Sweepstakes winner has received income in the amount of the fair market value of the Prize and collect the required federal income tax. Approximate Retail Value: $50,000. Sponsor reserves the right to substitute a prize for one of equal or greater value if the prize should become unavailable for any reason.

Drawing and Notification: The Prize winner will be selected from among all eligible entries received, in a random drawing by an independent judging organization, whose decisions are final in all matters relating to this Sweepstakes. The winner selection process will be completed on or about September 25, 2011. Odds of winning will depend on the total number of eligible entries received. The potential Grand Prize winner will be notified by telephone and/or mail upon initial notification and verification of potential winner confirmation; winner will be sent confirmation in writing via USPS mail, or other home delivery service of Sponsor’s choice. The Second and Third Prize winners will be by mail.

Prize Conditions: Prize winners are solely responsible for all applicable federal, state, and local taxes associated with the receipt of any prize. The Grand Prize winner will be required to sign an Affidavit of Eligibility and Liability/Publicity Release and return the document within 14 days of written notification by mail or prize may be forfeited and an alternate potential winner may be selected. Return of any prize notification as undeliverable will result in disqualification and an alternate winner will be selected. The winner’s entry and acceptance of the prize offered constitutes permission (except where prohibited by law) for the Sponsor to use said winner’s name, photograph, likeness, statements, biographical information, voice and address (city and state), in all forms of media, in perpetuity, without notice or further compensation.

General Conditions: Charitable Organization reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures or any other factor impairs the integrity or proper functioning of the Sweepstakes, as determined by the Charitable Organization in their sole discretion. If terminated, Charitable Organization may, at their sole discretion, randomly select winners from among all eligible, non-suspect entries received during the Entry Period. If for any reason the Sweepstakes is canceled in its entirety, the HUGS Foundation Inc. will reimburse each Sweepstakes ticket purchaser within sixty (60) days of the Sweepstakes cancellation date. Charitable Organization reserves the right in their sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Charitable Organization reserve the right to seek damages from any such person to the fullest extent permitted by law. Any failure by Charitable Organization to enforce any term of these Official Rules or any applicable laws shall not constitute a waiver of such right. If any provision of these Official Rules is found by a court of competent jurisdiction to be invalid, then participant, Charitable Organization and the court shall endeavor to give effect to the intent reflected in that provision, and the remaining Official Rules shall retain their full force and effect.

Disputes: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action. (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, and in no event shall entrant be entitled to receive attorneys’ fees or other legal costs; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, 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. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Charitable Organization in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of New York.

Winners List Request: To request the name of the winners, please send a self-addressed, stamped business size envelope, by October1, 2011, to: ASC/“Help Us Give Smiles” Sweepstakes Winners List, 300 State Street, Suite 402, Rochester, NY 14614.

Sponsor: HUGS Foundation Inc. 973 East Ave. Rochester, NY 14607