Podtrac Nano and Zune Giveaway Official Rules
No purchase necessary. Sponsor: Podtrac Promotions LLC, 711 N Fayette St, Alexandria, VA 223214. Void where prohibited by law.
1. Acceptance of Official Rules. By entering the Podtrac Promotions iPod and Zune Giveaway ("the Sweepstakes"), you hereby accept and agree to these official rules (the "Official Rules") of this Sweepstakes, and the decisions of the Sponsor in connection with this Sweepstakes, whose decisions are final.
2. Eligibility. The Sweepstakes is offered and open to persons who have an account with Twitter (www.twitter.com) who is at least 13 years of age. Employees and directors, and their immediate family members, of the Sweepstakes Entities, and their parents, affiliated and subsidiary companies, advertising, and promotion agencies and legal and financial advisors are not eligible to participate in this Sweepstakes. For purpose of the foregoing "immediate family" means parents, spouses, children, siblings or any members of the same households of such employees and directors. Void where prohibited or restricted by law. The Sweepstakes is subject to all applicable federal, state and local laws and regulations.
3. Promotional Period. The Promotion begins on November 8, 2009 at 5:00:00 PM GMT and ends at 4:59:59 PM GMT on December 9, 2009 ET (the "Promotional Period").
4. To enter this Sweepstakes you must submit a status update from your Twitter account that includes "syncmyridepodcast". Limit One (1) entry per person per 24 hour period during the Promotional Period. Anyone found to use multiple accounts to enter will be ineligible. Sponsor’s decisions will be final in all matters relating to the Sweepstakes and winner eligibility. Use of any automated system to participate is prohibited and will result in disqualification. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected entries, which will be disqualified. Each potential winner may be required to show proof of being the authorized account holder of the account associated with the winning entry in order to be awarded a prize. An official entry will only be counted if the Twitter service displays the entry from their public search stream (http://search.twitter.com/). Sponsor is not responsible for entries undelivered to the public search stream. If any potential winner cannot be contacted, or if prize is returned as undeliverable, potential winner forfeits prize.
5. Prize. There are thirty (30) Prizes in total. For each 24 hour period during the promotion one (1) prize will be awarded. For calendar days ending with even numbers, a gift certificate for $150 USD to the Apple store will be awarded. For calendar days ending in odd numbers, a gift certificate for $220 USD to Amazon.com will be awarded. All prizes for all entry periods have a total combined ARV of $5550.00 USD. Winners are responsible for all insurance, federal, state, and local taxes on the prize or the prize winner’s income and any other unspecified expenses associated with acceptance or use of prizes. The prize winners will be issued an IRS Form 1099 for the ARV of the prize awarded. Sponsor has the right but no obligation to substitute a different prize of equal or greater value.
6. Odds/Drawings/Winner Notification. Odds of winning the Prize depends on the number of eligible entries received during the entire Promotion Period. Potential Winner will be notified by email and/or by phone. If a potential Prize Winner cannot be reached after a reasonable effort has been made during (5) business days from the first notification attempt, such person may be disqualified, with an alternate Prize Winner(s) selected in accordance with these Official Rules. Sponsor’s decisions are final and binding in all respects.
7. Release. By receipt of any prize, winner agrees to release and hold harmless Sponsor, and any promotional partners, each of their parent, subsidiary, affiliate and related companies, and each of its and their respective officers, directors, employees, and agents (collectively the "Released Parties") from and against any losses, damages, rights, claim or cause of action of any kind arising, in whole or in part, directly or indirectly, out of participation in the Sweepstakes or resulting directly or indirectly, from acceptance, possession, use, or misuse of any prize awarded in connection with the Sweepstakes, including without limitation personal injury, death, and/or property damage, as well as claims based on publicity rights, defamation, and/or invasion of privacy.
8. Improper Conduct. Sponsor, in it's sole discretion, may disqualify any entrant from participation in or use of any or all portions of this Sweepstakes, and refuse to award the Prize, if entrant engages in any conduct Sponsor deems to be improper, unfair or otherwise adverse to the operation of the Sweepstakes or detrimental to other entrants of the Sweepstakes. Such improper conduct includes, without limitation, falsifying personal information required during entrant registration, violating any term or condition stated herein, accumulating entries through methods such as automated computer scripts or any other programming techniques, allowing others to use entrant's personal information for the purpose of accumulating entries, or intentionally trying to defraud, reverse engineer, disassemble or otherwise tamper with the computer programs in connection with this Sweepstakes. Entrants agree that Sponsor may void any part of a Prize that entrant may have won and/or require the return of any part of the Prize that entrant may have won as a result of such improper conduct. Entrant further acknowledges that any forfeiture of the Prize and/or return of the Prize shall in no way prevent Sponsor from pursuing other avenues of recourse such as criminal or civil proceedings in connection with such conduct. WARNING: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, EACH OF THE SWEEPSTAKES ENTITIES RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR SUCH ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
9. Integrity of Sweepstakes. If, for any reason, the Sweepstakes is not capable of running as planned by reason of infection by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which Sponsor, in its sole opinion believes could corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend this Sweepstakes and select the Prize winners from entries received prior to the action taken or in such other manner as Sponsor may deem fair and appropriate.
10. Lost or Corrupted Entries. The Sweepstakes Entities, and their parents, affiliated and subsidiary companies and advertising and promotion agencies, assume no liability and are not responsible for, and you hereby forever waive any rights to any claim in connection with, lost, late, incomplete, corrupted, stolen, misdirected, or illegible; or for any website, computer, telephone, cable, network, satellite, electronic or Internet hardware or software malfunctions, unauthorized human intervention, or the incorrect or inaccurate capture of entry or other information, or the failure to capture any such information. The Sweepstakes Entities, and their parents, affiliated and subsidiary companies, advertising and promotion agencies, are not responsible for any incorrect or inaccurate information, whether caused by registration information submitted by end users or tampering, hacking, or by any of the equipment or programming associated with or utilized in this Sweepstakes, and 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 the Sweepstakes.
11. Damaged Property. Sweepstakes Entities, and their parents, affiliated and subsidiary companies and advertising and promotion agencies, assume no liability and are not responsible for, and you hereby forever waive any rights to any claim in connection with, injury or damage to any entrants or to any other person's computer or property related to or resulting from participating in this Sweepstakes or downloading materials from this Sweepstakes.
12. Sweepstakes Errors. The Sweepstakes Entities, and their parents, affiliated and subsidiary companies and advertising and promotion agencies, assume no liability and are not responsible for, and you hereby forever waive any rights to any claim in connection with, errors and/or ambiguity: (a) in the Sweepstakes; (b) in any related advertising or promotions of this Sweepstakes; and/or (c) in these Official Rules. In the event of any ambiguity(s) or error(s) in these Official Rules, Sponsor reserves the right to modify these Official Rules for clarification purposes or to correct any such ambiguity or error(s) without materially affecting the terms and conditions of the Sweepstakes.
13. Prize Winner. The Sweepstakes Entities, and their parents, affiliated and subsidiary companies and advertising and promotion agencies, assume no liability and are not responsible for, and you/entrant hereby forever waive/s any rights to any claim in connection with, the selection and announcement of the Prize Winners, the distribution of the Prize, the acceptance/possession and/or use/misuse of any part of the Prize and/or any injury or damage to any entrant's or third person's property related to or resulting from any part of the Prize or any part of this Sweepstakes.
14. Release and Indemnity. Each entrant in this Sweepstakes, including, without limitation, the Prize Winners, hereby releases and agrees to hold harmless the Sweepstakes Entities and their parents, affiliates, subsidiaries, advertising and promotion agencies and their respective directors, officers, employees, representatives and agents from any and all liability for any injuries, loss or damage of any kind to person, including death, and property, arising in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of the Prize, participation in this Sweepstakes and participation in any activity related to this Sweepstakes.
15. Limitation of Liability. IN NO EVENT WILL THE SWEEPSTAKES ENTITIES, THEIR PARENTS, AFFILIATES, SUBSIDIARIES AND RELATED COMPANIES, THEIR ADVERTISING OR PROMOTION AGENCIES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, DEALERSHIPS, EMPLOYEES, REPRESENTATIVES AND AGENTS, BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE SWEEPSTAKES OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM THE SWEEPSTAKES. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
16. Identity Disputes. In the event of a dispute as to the identity of a winner, the entry shall be deemed to be submitted by the Authorized Account Holder of the Twitter account submitted at the time of entry and is defined as the natural person who is in control of the email address associated with the entering Twitter account. By entering, entrants agree to comply with these rules. Any entrant who attempts to tamper with the Sweepstakes, in Sponsor’s sole discretion, shall be disqualified. In the event of a dispute as to who submitted an entry.
17. Governing Law and Jurisdiction. This promotion is governed by US law and is subject to all applicable federal, state and local laws and regulations. Void where prohibited by law. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant and Sponsor in connection with this Sweepstakes, shall be governed by, and construed in accordance with, the laws of Virginia, U.S.A., without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth in Section 21 of these Official Rules and/or for entering any judgment on an arbitration award, shall take place in the Virginia.
18. Disputes. Entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any prizes awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the appropriate Virginia State Court located in Alexandria, Virginia; (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes but in no event attorneys' fees; and (iii) under no circumstances will entrant be permitted to obtain awards for and entrant 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 Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the Virginia, without giving effect to any choice of law or conflict of law rules (whether of the Virginia or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the Virginia.
19. Notification. Winners will be contacted directly via a direct message from Sponsor's Twitter account (@podtracpromos) and posted on http://www.syncmyridepodcast.com. It is the Entrant's sole responsibility to contact Sponsor to collect Prize.
20. Winner List. For the name of the Prize Winners send a 3 x 5 inch U.S. Postal Service postcard for receipt by December 15, 2009 to "Podtrac Promotions Winners List" 711 N Fayette St, Alexandria, VA 22314. Requests received after December 15, 2009 will not be honored. The names of the winners will be posted on http://www.syncmyridepodcast.com through December 9, 2009.
