ULTIMATE EARS ALL BLACK GIVEAWAY (“PROMOTION”)
NO PURCHASE NECESSARY. OFFER VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
1. ELIGIBILITY. The Promotion is open to people 13 years of age or older (as of date of entry) who are legal residents of the United States and any other country in which participation would be permitted under local laws and regulations. For avoidance of doubt, participants from outside the United States should check with local requirements regarding his or her eligibility prior to participation in this Promotion. The officers, directors, and employees of Ultimate Ears and its parent company, and their subsidiaries and affiliated companies (“Ultimate Ears”) and all advertising, promotion and judging agencies, persons engaged in the development, production or distribution of materials for this Promotion (collectively the “Promotion Parties”) and immediate family members or persons living in the same household (whether related or not) are not eligible to participate in this Promotion. If a prize is won by a minor, it will be awarded in the minor’s behalf to the minor’s parent or legal guardian who must sign all required acknowledgements and releases.
2. PROMOTION PERIOD. The Promotion begins on October 31, 2014 at 12:00 PM EST and ends November 1, 2014 at 11:59 PM EST.(“Promotion Period”). Entries will be accepted through the Promotion Period.
3. HOW TO ENTER. If you haven’t already, you will need to create a Twitter account (www.twitter.com) and/or an Instagram account (www.instagram.com) – additional terms and conditions apply). To enter, share a photo of you recreating the New Zealand All Black rugby team “haka” and tag @Ultimate Ears using #UEBOOMhaka on https://twitter.com/ultimateears or www.instagram.com/ultimateears. Your information will be used to contact you, if you are a potential winner. This Promotion is not sponsored, endorsed or administered by, or associated with, Twitter or Instagram. You understand that you are providing your information to Ultimate Ears and not to Twitter or Instagram. Each person may enter once. Persons submitting more than one application may be disqualified.
4. SELECTION OF WINNERS AND NOTIFICATION. Ultimate Ears will randomly draw 1 Winner from Twitter and Instagram from the eligible entries received after the Promotion Period closes, but no later than November 5, 2014 at 5:00 PM EST. Odds of winning in the drawing depend on the number of eligible entries received.
Notification: Potential Winner(s) will be notified by Ultimate Ears or its designated agency via the email provided in the entry form and must respond within a 24-hour time period from the date and time stamp the message was sent from Ultimate Ears or its designated agency. If your reply is not received within the time requested, the prize will be deemed as undeliverable and will result in forfeiture. Ultimate Ears will randomly select an alternate Winner. Potential Winner(s) who reside in Canada must also correctly answer a time-limited mathematical question that shall be administered during email communications with Ultimate Ears. Winner(s) may be required to sign and return an Affidavit of Eligibility, Liability Waiver and Publicity Release. Prize will be awarded within forty-five days after the Winner has been verified.
5. PRIZE AND PRIZE RESTRICTIONS. Winner(s) will be eligible to receive (1) one UE BOOM (SRV US$199.99).
Prize Restrictions:Prizes are not transferable or refundable, must be accepted as awarded and cannot be resold for profit. No cash equivalent or alternative product or prize will be made available; provided, however, that Ultimate Ears reserves the right to, without any prior notice and at any time, replace with a similar product or the latest release of a product of the same category. Federal, state and local taxes are the responsibility of the Winners. If required by law, Sponsor will issue a 1099_MISC to each Winner for the value of Prize.
6. BINDING EFFECT. By submitting your entry you agree to be bound by these Official Rules and failure to comply with these Official Rules may result in disqualification. All federal, state and local laws apply.
7. GENERAL CONDITIONS OF PARTICIPATION. Ultimate Ear’s decisions are final on all matters related to this Promotion. Ultimate Ears and its Promotion Parties are not responsible for incomplete, lost, late, delayed or garbled applications or emails, incorrect or inaccurate capture of entry information, including but not limited to technical malfunctions, human or technical error, omission, interruption, deletion, defect or failures of any telephone or computer line or network, computer equipment, so are or any combination thereof.
Only the fully completed online application will be accepted. All applications submitted become the property of Ultimate Ears. Ultimate Ears reserves the right, without prior notice, to terminate this Promotion, in whole or in part, or modify this Promotion in any way, and for any reason, including without limitation, if Ultimate Ears determines in its sole discretion, that fraud, technical failures or any other factor beyond Ultimate Ears’ reasonable control impairs the integrity of the Promotion. Ultimate Ears reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the application or voting process or to be acting in violation of these Official Rules. Any attempt by any person to deliberately undermine the legitimate operation of the Promotion is a violation of criminal and civil law, and should such an attempt be made, Ultimate Ears reserves the right to seek damages from any such person to the fullest extent permitted by law. Ultimate Ears’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
By participating in this Promotion, participant releases and agrees to hold harmless Ultimate Ears and its Promotion Parties from any and all liability with respect to acceptance, possession or use (misuse), or failure to use any matters arising out of or relating to this Promotion or any prize.
8. PUBLICITY RELEASE. Except where prohibited by law, acceptance of a prize shall constitute the Winner’s agreement with Ultimate Ears may to use their name, address, voice, likeness and prize information for promotional purposes without further payment or compensation, unless prohibited by law.
10. SPONSOR. The Promotion is sponsored by Ultimate Ears with North America headquarter offices at 7600 Gateway Boulevard, Newark, CA 94560, USA.
11. LIST OF WINNERS. Winner may be announced on Ultimate Ears social media outlets, however, you may also receive a list of the winners by sending a self-addressed, stamped envelope to Ken Bieber, Global Brand Manager at Sponsor’s address no later than 60 days from end date of the Promotion Period. Residents of Vermont may omit return postage.
12. DISPUTES. Entrant agrees that: (a) any and all disputes, claims and causes of action arising out of or connected with this Promotion, other than the administration of the Promotion, shall be resolved individually, without resort to any form of class action, and exclusively by a court having competent jurisdiction located in Alameda County, California, U.S.A.; (b) 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 (c) under no circumstances will registrant be permitted to obtain awards for, and registrant hereby waives 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. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Ultimate Ears in connection with the promotion, shall be governed by, and construed in accordance with, the laws of the State of California, U.S.A., without giving effect to any choice of law or conflict of law rules.