1. NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. Subject to all federal, state, and local laws, regulations, and ordinances. Sweepstakes begins at 12:00:00 AM Eastern Time (“ET”) on July 12, 2013 and ends at 11:59:59 PM ET on August 11, 2013 (the “Promotion Period”). Void outside the 50 United States and the District of Columbia, and where prohibited by law. Sweepstakes is sponsored by Polk Audio, Inc. (“Sponsor”).
2. ELIGIBILITY: The Polk Audio® Sweepstakes (the “Sweepstakes”) is offered and open to persons who are (a.) Registered Users (as defined below) of the Facebook Service and/or the Twitter Service; (b.) legal U.S. residents currently residing in the 50 United States including the District of Columbia; and (c) are at least eighteen years of age or age of majority in their state of residence as of the date of entry (herein “entrant(s)” or “participant(s)”). For purposes of these Official Rules, Registered User(s) means a person that has established an account and has obtained a User Name (“ID”) and associated password (“Password”) on Facebook and/or Twitter; there is no fee associated with establishing a standard Facebook or Twitter account. Employees, officers and directors of Polk Audio, Inc. or any of its subsidiaries, affiliates, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment, and marketing agencies, and members of their immediate families (spouses, parents, siblings and children, regardless of where they live) and those living in the same household are not eligible to enter or win. Sponsor reserves the right to verify the eligibility of winners.
3. TO ENTER: To participate, you must have a Facebook and/or Twitter account. For Twitter, Entrant must follow @Polk_Audio on Twitter. The Entrant must share a link to the promotion in a tweet. All entries must be received by Sponsor before the Promotion Period closes. Limit: one (1) entry per person within a twenty-four hour period, subject to the following exception. Exception: Entrant will be permitted two additional entries if at least one of Entrant’s Facebook friends enters the contest (through Sponsor’s link) and becomes a Polk Audio Fan. Entrant will be rewarded two additional entries if Entrant tweets about the Sweepstakes more than once. Incomplete, illegible, corrupted, or untimely entries are void and will be disqualified. Entry must be submitted by the participant. Automated and bulk entries and entries by third parties are prohibited and will be disqualified. Any attempt by any participant to obtain more than the permitted number of entries by using multiple and/or different identities, forms, registrations, addresses or any other method will void all of that participant’s entries and that participant may be disqualified at Sponsor’s discretion. Proof of sending or submission will not be deemed to be proof of receipt by Sponsor. Sponsor and its agencies are not responsible for lost, late, incomplete, damaged, stolen, misdirected, or illegible entries or other errors or malfunctions of any kind whether, human, mechanical, electronic or otherwise. If you are not a Registered User you may become a Registered User and obtain an ID and Password by completing the account set up on Facebook and/or Twitter. There is no fee or charge to become a Registered User.
4. SELECTION OF WINNER: One (1) winner will be chosen from all eligible entries received. The odds of winning are based on the number of eligible entries received as of the drawing date. Winner will be notified by e-mail and/or regular mail and/or telephone within two (2) weeks after the winner is determined. Sponsor will mail the winner a prize claim form and a declaration and release for completion. The prize claim form and declaration and release form must be completed and returned to: Polk Audio, Inc., Attention: Prize Claim Form and Release, 5601 Metro Drive, Baltimore, MD, 21215. Except where prohibited, the potential winner will be required to complete, sign and return the prize claim form and declaration and release form within fifteen (15) days of being notified or be eliminated and therefore ineligible to win any prize. If the potential winner fails to sign and return the prize claim form and declaration and release form within the required time period, or is unavailable to accept the prize within the time period specified by Sponsor, that potential winner will be deemed to have forfeited the prize, and an alternate potential winner will be selected in his/her place in a random drawing from all eligible entries received within seven (7) days of the date days of the date the potential winner is determined to be ineligible. Noncompliance with the foregoing, failure to abide by these Official Rules, or return of the prize notification as non-deliverable may result in disqualification and naming of an alternate potential winner. Up to two (2) alternate winner drawings will be held, after which any remaining prize will remain un-awarded. Alternate potential winner(s) must satisfy all eligibility requirements. Winning a prize is contingent upon fulfilling all requirements set forth herein.
THE POTENTIAL WINNER IS SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE SWEEPSTAKES. AN ENTRANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE.
5. PRIZE: Four (4) prizes will be awarded total. Each prize consists of the following: one (1) pair of Nue Era headphones. The actual retail value of the prizes may vary. ARV of each prize: $99.95.
Prize Restrictions: Any and all applicable federal, state, and local taxes are the sole responsibility of the individual prize winner. Winner will be issued a 1099 tax form for the appropriate retail value of prize. Prize cannot be substituted, assigned, transferred, or redeemed for cash; however, Sponsor reserves the right to make equivalent prize substitutions at its sole discretion. Sponsor will not replace any lost or stolen prize/tickets. Prize cannot be used in conjunction with any other promotion or offer.
6. GENERAL CONDITIONS: This Sweepstakes is governed by the laws of the United States. Void where prohibited by law and outside the United States. WARNING: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL 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, POLK AUDIO, INC. RESERVES THE RIGHT TO PROSECUTE AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Participation in the Sweepstakes constitutes entrant’s full and unconditional agreement to these official rules and to Sponsor’s decisions, which are final and binding on all matters relating to the Sweepstakes. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Sponsor reserves the right at its sole discretion to disqualify any individual it finds to be attempting to tamper with or undermine the entry process and/or the legitimate operation of the Sweepstakes; to violate the Official Rules; or to act in an unsportsmanlike or disruptive manner or with the intent to annoy, abuse, threaten, or harass any other person. By entering this Sweepstakes, you represent that you have authority and are eligible to enter. Sponsor and its agents are not responsible for (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (2) unauthorized human intervention in any part of the entry process or the Sweepstakes; (3) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; or (4) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes or receipt or use or misuse of any prize. Only the number of prizes stated in these Official Rules is available to be won in this Promotion. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing from among all legitimate, unawarded, eligible prize claims. If for any reason an entrant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Sweepstakes, provided that if it is not possible to award another entry due to discontinuance of the Sweepstakes, or any part of it, for any reason, Sponsor, at its discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. If, for any reason, the Sweepstakes is not capable of running as planned, including tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor, which corrupt or affect the operation, administration, security, fairness, integrity, or proper conduct of this Sweepstakes, Sponsor may, in its sole discretion, void any suspect entries and (a) cancel or terminate the Sweepstakes (or any portion thereof); (b) modify the Sweepstakes or suspend the Sweepstakes to address the impairment and then resume the Sweepstakes in a manner that best conforms to the spirit of these Official Rules; or (c) award the prize at random from among the eligible, non-suspect entries received up to the time of the impairment.
7. RELEASE AND LIMITATIONS OF LIABILITY: BY PARTICIPATING IN THIS SWEEPSTAKES, ENTRANTS AGREE THAT POLK AUDIO, INC. AND ITS AFFILIATES, SUBSIDIARIES, REPRESENTATIVES, CONSULTANTS, CONTRACTORS, LEGAL COUNSEL, ADVERTISING, PUBLIC RELATIONS, PROMOTIONAL, FULFILLMENT AND MARKETING AGENCIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS (THE “RELEASED PARTIES”) WILL HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY ENTRANTS AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE, OR USE OF THE PRIZE, ENTRY, OR PARTICIPATION IN THIS SWEEPSTAKES OR IN ANY SWEEPSTAKES RELATED ACTIVITY, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY, OR MERCHANDISE DELIVERY. THE RELEASED PARTIES ARE NOT RESPONSIBLE IF ANY PRIZE CANNOT BE AWARDED DUE TO DELAYS, OR INTERRUPTIONS DUE TO ACTS OF GOD, ACTS OF WAR, NATURAL DISASTERS, WEATHER, OR TERRORISM. BY PARTICIPATING IN THIS SWEEPSTAKES, PARTICIPANTS AGREE THAT THE RELEASED PARTIES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY INJURIES, DAMAGES, OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES TO PERSONS, INCLUDING DEATH, OR TO PROPERTY.
EXCEPT WHERE PROHIBITED BY LAW, PARTICIPATION IN THE SWEEPSTAKES CONSTITUTES WINNER’S GRANT TO SPONSOR (WHICH GRANT WILL BE CONFIRMED IN WRITING ON REQUEST OF SPONSOR), SUBSIDIARIES, AFFILIATES, ADVERTISING, PUBLIC RELATIONS, PROMOTIONAL, FULFILLMENT AND MARKETING AGENCIES, SUPPLIERS, AND THOSE ACTING PURSUANT TO ITS AUTHORITY, THE RIGHT AND PERMISSION TO PRINT, PUBLISH, BROADCAST, AND USE, WORLDWIDE IN ANY MEDIA NOW KNOWN OR HEREAFTER DEVELOPED, INCLUDING BUT NOT LIMITED TO THE WORLD WIDE WEB, AT ANY TIME OR TIMES, EACH WINNER’S NAME, PORTRAIT, PICTURE, VOICE, LIKENESS, OPINIONS AND BIOGRAPHICAL INFORMATION (INCLUDING BUT NOT LIMITED TO HOMETOWN AND STATE) FOR ADVERTISING, TRADE, AND PROMOTIONAL PURPOSES (INCLUDING THE ANNOUNCEMENT OF HIS OR HER NAME ON TELEVISION OR RADIO BROADCAST) WITHOUT ADDITIONAL CONSIDERATION, COMPENSATION, PERMISSION, OR NOTIFICATION. ENTRANTS AGREE THAT SPONSOR SHALL OWN THE ENTRIES, WHICH WILL NOT BE ACKNOWLEDGED OR RETURNED, AND THAT SPONSOR AND ITS DESIGNEES SHALL HAVE THE PERPETUAL, WORLDWIDE RIGHT TO EDIT, PUBLISH, AND USE THE ENTRIES IN ANY WAY AND IN ANY MEDIA FOR TRADE, ADVERTISING, PROMOTIONAL, AND/OR OTHER PURPOSES AS SPONSOR AND/OR ITS DESIGNEES MAY DETERMINE WITHOUT FURTHER CONSIDERATION TO ENTRANTS OR ANY THIRD PARTY.
WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS SWEEPSTAKES, INCLUDING ALL PRIZES, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
8. 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, and exclusively by the United States District Court for the Southern District of California or the appropriate State Court located in California; (2) any and all claims, judgment, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes, but in no event attorneys’ fees; (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, 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 Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of laws rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.
9. OFFICIAL RULES & WINNERS LIST: For a copy of the Official Rules, send a stamped, self-addressed envelope (VT residents may omit return postage) to: Polk Audio, Inc., Attention: Official Rules, 5601 Metro Drive, Baltimore, MD 21215. A list of the winners will be posted on www.polkaudio.com.
Polk Audio, Inc. shall not be liable for technical, pictorial, typographical or editorial errors or omissions contained herein. Copyright ©2011 Polk®, Polk Audio® and any other trademarks or logos used herein are tradema