01-11-13 - Belkin - CES 2013 Sweepstakes

https://www.facebook.com/Belkin/app_403359706360567

NO PURCHASE NECESSARY TO ENTER OR WIN AND WILL NOT INCREASE YOUR CHANCES OF WINNING. YOU HAVE NOT WON YET.

These Official Sweepstakes Rules (the “Rules”) apply to the BelkinCES2013 Sweepstakes (the “Sweepstakes”). The Sweepstakes will run for 4 days, as described below. The Sponsor’s computer is the official time keeping device for online entry into the Sweepstakes. By participating in the Sweepstakes, you agree to be bound by these Rules and by the interpretations of these Rules by the Sponsor, which are final in all matters relating to the Sweepstakes. The Sweepstakes is void where prohibited.



THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED, ADMINISTERED BY OR ASSOCIATED WITH FACEBOOK, TWITTER, OR APPLE



Sponsor: This Sweepstakes is sponsored by Belkin International, Inc., 12045 E. Water Front Drive, Playa Vista, CA 90094 (the “Sponsor”).



Sweepstakes Period and Drawing Dates: The dates and times of entry (the “Entry Period”) and the date of the drawing (the “Drawing Date”) for the Sweepstakes are set forth below. One (1) Eligible Entry, defined below, will be drawn at random on the Drawing Date listed below for a total of one (1) winner (the “Winner”). The Eligible Entry drawn on the Drawing Date will receive the Prize described below.

Entry Period on Twitter

BelkinCES2013 Sweepstakes

January 8, 2013, 9:00 AM PST – January 11, 2013 11:59 PM PST



Entry Period on Facebook

BelkinCES2013 Sweepstakes

January 8, 2013, 9:00 AM PST – January 11, 2013 11:59 PM PST



Drawing Date

Twitter and Facebook

One (1) Winner will be drawn at random on January 14th, 2013





Eligibility: These Sweepstakes are open to persons who have reached their 18th birthday on or before Tuesday, January 8th, 2013 and who are a legal resident of one of the 50 states of the United States or the District of Columbia. Employees, agents and representatives of the Sponsor, or of its subsidiaries and affiliates, or of any of their respective advertising and promotion agencies, and the parents, siblings and children of any such employee, agent or representative or any person with whom such employee, agent or representative is domiciled are not eligible to enter any of the Sweepstakes. Any person that has won a previous Sweepstakes by the Sponsor in the past six months is not eligible to enter the Sweepstakes. “Eligible Entries” are those entries submitted by persons meeting the above eligibility requirements and otherwise complying with these Rules.



How to Enter: You may enter the Sweepstakes by: (a) “Liking” the Sponsor’s Facebook account located at https://www.facebook.com/Belkin and completing the entry form or (b) following the Sponsor’s Twitter account http://twitter.com/belkin/ and retweeting the tweet of the day. You are only eligible to participate in the Twitter sweepstakes if your tweets are not protected by your privacy settings from being searched and found by Sponsor. You may enter the Sweepstakes once per day. Multiple entries from any one person or household on the same day will be disqualified. All Eligible Entries must be posted to the Sponsor’s Twitter and Facebook page site by the ending time of the Entry Period. All entries received thereafter will be considered disqualified and will be ineligible for participation. If Sponsor does not receive an entry for any reason or if an entry is not entered correctly, the entry will be invalid and you will be ineligible for the Prize. Sponsor assumes no responsibility for lost, late or incomplete entries. All entries become the exclusive property of the Sponsor and will not be acknowledged or returned. Sponsor reserves the right at is sole discretion to reject any entry for failing to fully comply with these Rules.



Warranties and Consents: By completing and submitting an entry form, you: (a) represent and warrant that (i) you have read, and agree to be bound by, these Rules and any applicable policies or procedures posted by Facebook and Twitter, (ii) based on the Rules, you are eligible to participate in the Sweepstakes, and (iii) all of the information provided as part of your entry is accurate, does not violate any third party’s legal rights (including without limitation rights of privacy and publicity), and otherwise does not violate applicable law; (b) consent to the use of your name and/or likeness by the Sponsor for promotional purposes (whether online, in print or through any other media now known or hereafter developed), without additional compensation or authorization unless prohibited by law; (c) agree to be bound by the interpretations of these Rules by the Sponsor which are final in all matters relating to the Sweepstakes; and (d) acknowledge that this Sweepstakes is in no way sponsored, endorsed, administered by or associated with Facebook or Twitter.



Selection of the Winner: On the Drawing Date listed above, Sponsor will select the Winner by a random drawing from the pool of Eligible Entries. A total of one drawing will be made over the four days of the Sweepstakes on Twitter and Facebook to determine the Winner. The winner will receive the Prize. The drawing will be conducted under the supervision of the Sponsor. If a Winner cannot be contacted, fails to return the required documents in the required time as provided herein, or refuses or is unable to accept the Prize, another Winner will be drawn at random from the pool of Eligible Entries for the Sweepstakes. The verified Winner will be contacted via email and announced on Sponsor’s Facebook page and Twitter feed.



Prize; Odds of Winning: The Prize consists of one (1) Thunderstorm Handheld Home Theater for iPad and one (1) $500 Apple Giftcard. Estimated retail value of the prize pack is $700.00 USD. The odds of winning the Prize in the Sweepstakes will depend on the number of Eligible Entries received during the Sweepstakes Entry Period. A total of one (1) Prize will be awarded during the Sweepstakes.



Notification of Winners: The Sponsor will notify the Winner by email within 15 days of the Drawing Date. The Prize will be awarded only on verification by the Sponsor that all Sweepstakes requirements have been met by the Winner. The Prize must be accepted as awarded and no substitution, transfer, conversion or assignment of the Prize will be allowed, except at Sponsor’s sole discretion. The Winner will have ten (10) calendar days from notification to notify Sponsor by email or U.S. mail/post that he/she has accepted the Prize. The Sponsor is not responsible for and shall not be liable for late, lost, misdirected, or unsuccessful efforts to notify the Winner. In order to be declared an official Winner, the person whose entry is drawn will be required to complete, sign and return to the Sponsor an Affidavit and Release Form within ten (10) days of receipt. If you fail to complete, sign and return the Affidavit and Release Form to the Sponsor within ten (10) days, the Sponsor reserves the right to void your entry and select another Winner for the Prize. By completing, signing and returning the Affidavit and Release Form, you (i) confirm compliance with these Rules, (ii) release and forever discharge the Sponsor, its affiliates and subsidiaries, and their respective advertising and promotional agencies from all claims, demands, damages, actions and causes of action arising or to arise by reason of the acceptance or use of the Prize, and (iii) except as limited by law, give permission to the Sponsor at its option to publish or otherwise use your name, address, photograph, voice and comments, without compensation, in any publicity carried out by the Sponsor or its advertising agencies. If the Prize notification is returned as undeliverable, a Winner declines his/her Prize, a Winner fails to provide complete entry information and/or timely reply to and/or return all required documents within the designated time period, or fails to comply with any of these Rules, such Winner will be disqualified and an alternate Winner will be selected in accordance with these Rules. The Prizes will be awarded. If Sponsor is unable to give away any portion of the Prize for any reason, it will be donated to a charity of Sponsor’s choice. All federal, state, and other taxes associated with the Prize are solely the responsibility of each winner. Indemnification: By entering, you agree to defend (at Sponsors’ option), hold harmless and indemnify Sponsor, Sponsor’s affiliates, Twitter and Facebook and their respective officers, directors, partners, members, shareholders, employees, agents, executors, family members, heirs and assigns, and each of their respective advertising and promotional agencies, from and against any and all liability, damages or causes of action (however named or described), with respect to or arising out of either (i) your participation in the Sweepstakes; and/or (ii) the receipt, redemption or use of the Prize awarded in the Sweepstakes. You also agree to release all rights to bring any claim, action or proceeding against Sponsor, Twitter or Facebook and further covenant not to sue Sponsor, Facebook, or Twitter, and you hereby acknowledge that neither Sponsor, Facebook, nor Twitter has made or is in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to the Prize.



If you are a California resident, you waive any and all rights under Section 1542 of the Civil Code of the State of California, which provides as follows:

“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

You expressly waive and release any right or benefit which you have or may have under Section 1542 of the Civil Code of the State of California, to the full extent that you may waive all such rights and benefits pertaining to the matters released here. In connection with such waiver and relinquishment, you acknowledge that you are aware that you may hereafter discover claims presently unknown or unsuspected, or facts in addition to or different from those which you now know or believe to be true, with respect to the matters released herein; nevertheless, it is your intention through this release to fully and finally and forever settle and release all such matters and claims relative thereto, which do not exist, may exist or heretofore have existed between yourself and Sponsor, Facebook, or Twitter. The release herein given shall be and remain in effect as a full and complete release of such claims and matters notwithstanding the discovery or existence of any such additional or different claims or facts relative thereto.



DISCLAIMER OF WARRANTIES: SPONSOR IS PROVIDING THE SWEEPSTAKES ON AN “AS IS” AND “AS AVAILABLE” BASIS. SPONSOR DOES NOT REPRESENT OR WARRANT THAT THE SWEEPSTAKES OR THE TECHNOLOGY USED TO PROVIDE IT: (I) WILL BE UNINTERRUPTED OR SECURE, (II) WILL BE FREE OF DEFECTS, INACCURACIES OR ERRORS, OR (III) WILL MEET YOUR REQUIREMENTS OR ENABLE YOU TO PARTICIPATE IN IT. SPONSOR MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE RULES, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.



EXCLUSION OF DAMAGES: SPONSOR WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL), WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, ARISING OUT OF, RELATING TO OR CONNECTED WITH THE SWEEPSTAKES, REGARDLESS OF THE CAUSE OF ACTION ON WHICH THEY ARE BASED, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING.



LIMITATION OF LIABILITY: IN NO EVENT WILL SPONSOR’S AGGREGATE LIABILITY ARISING FROM, RELATING TO, OR IN CONNECTION WITH THESE RULES (INCLUDING, WITHOUT LIMITATION, CLAIMS RELATING TO THE NETWORK) EXCEED THE ACTUAL OUT OF POCKET COSTS PROXIMATELY CAUSED YOU BY SPONSOR’S BREACH OF THESE RULES.



LEGAL RIGHTS: SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS PROVIDED ABOVE OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY.

General Terms: Sponsor assumes no responsibility for incorrect or inaccurate entry information whether caused by any of the equipment or programming associated with or utilized in these Sweepstakes or by any human error which may occur in the processing of the entries in these Sweepstakes. Sponsor is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, failure of any e-mail or servers on account of technical problems or traffic congestion on the Internet or at any website, or any combination thereof, or any incomplete, lost, late, delayed, misdirected or garbled entries or failure to receive entries, including, without limitation, any injury or damage to your or any other person’s computer related to or resulting from participation or downloading any materials or software or attempts to participate in or download materials or software related to these Sweepstakes. Sponsor is not responsible for any typographical or other error in the printing of the offer, administration of the Sweepstakes, or in the announcement of the Prize and the Winner. If, for any reason, any Sweepstakes is not capable of running as planned, or is disrupted or corrupted, including, without limitation, by strikes, acts of war or terrorism, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical or system failures, or any other causes beyond the control of Sponsor which corrupts or affects the administration, security, fairness, integrity or proper conduct of any of these Sweepstakes or for any reason Sponsor deems it necessary, Sponsor reserves the right in its sole discretion to cancel, terminate, modify or suspend the Sweepstakes. No software-generated, robotic, programmed, script, macro or other online or text message entries are permitted. Sponsor reserves the right in its sole discretion to disqualify any person from these Sweepstakes if Sponsor suspects or finds that person: (i) has used a software–generated, robotic, programmed, script, macro or other automated online or text message entry; (ii) has tampered with the entry process or the operation of these Sweepstakes; (iii) is acting in violation of these Rules; (iv) is acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person; or (v) has provided inaccurate information on any documents submitted in connection with these Sweepstakes. CAUTION: ANY ATTEMPT BY YOU TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THESE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM YOU TO THE FULLEST EXTENT PERMITTED BY LAW. YOU HEREBY WAIVE ANY AND ALL OBJECTIONS TO JURISDICTION AND VENUE IN THESE COURTS AND HEREBY SUBMIT TO THE JURISDICTION OF THOSE COURTS.



Winners List: Except as limited by law, you may obtain a copy of the list of Winners or a copy of these Rules by sending a request to: Belkin Public Relations 12045 E. Waterfront Drive, Playa Vista, CA 90094. Requests must be received no later than January 31, 2014 and must enclose a self-addressed stamped envelope (residents of the State of Vermont may omit postage).



Waivers: No failure or delay by a party in exercising any right, power, or privilege under these Rules will operate as a waiver thereof. No waiver of any provision of these Rules, or any rights or obligations of either party under these Rules, shall be effective, except pursuant to a written instrument signed by the party waiving compliance, and any such waiver shall be effective only in the specific instance and for the specific purpose stated in such writing.



Severability: Any provision of these Rules that is found invalid or unenforceable pursuant to judicial decree or decision shall be ineffective to the extent of such invalidity or unenforceability, and the remainder of these Rules shall remain valid and enforceable according to their terms. If any provision of these Rules is so broad as to be unenforceable, the provision shall be interpreted to be only so broad as is enforceable.



Use of Data: Sponsor will be collecting personal data about you, including without limit your email address, in accordance with Sponsor’s privacy policy, as the same may be modified from time to time. Please review the Sponsor’s Privacy Policy at http://www.belkin.com/legal/privacy.html. By participating in the Sweepstakes, but except as limited by law, you hereby agree to Sponsor’s collection and usage of your personal information and acknowledge that you have read and accepted Sponsor’s Privacy Policy.