NEWSLETTER GIFT CARD GIVEAWAY
NO PURCHASE, PAYMENT, OR CONTRIBUTION NECESSARY TO ENTER OR WIN
A PURCHASE, PAYMENT, OR CONTRIBUTION DOES NOT INCREASE YOUR CHANCES OF WINNING
VOID WHERE PROHIBITED
IMPORTANT: By participating in this Promotion, you agree to be bound by the Official Rules below and represent that you satisfy all eligibility requirements.
1. Description of Promotion. Accell North America, Inc. (“Sponsor”) is offering a Gift Card Giveaway for participants who sign up for the Raleigh Newsletter (the “Promotion”) and will award a single gift card – via a random drawing of eligible entrants. The Sponsor’s address is: 6004 South 190th Street, Suite 101, Kent, WA 98032. By participating in the Promotion, each entrant fully and unconditionally agrees to these Official Rules and Sponsor's decisions and interpretations, which are final and binding in all matters related to the Promotion.
2. Eligibility. The Promotion is open only to legal residents of the United States who are eighteen (18) years of age or older at the time of entry. Residents of Puerto Rico or any other territory of the United States are not eligible to participate in this Promotion. Employees, officers, and directors of Sponsor are not eligible to participate in this Promotion. Void outside of the United States, in all United States Territories and Possessions and overseas military installations. Void where prohibited by law, rule, or regulation. Promotion is subject to all applicable federal and Washington state laws.
3. Description of Prizes and Restrictions. The gift card shall be collectively referred to herein, when convenient, as the “Prize.” In no event will more Prizes than are stated in these Official Rules be awarded. Odds of winning depend on the number of entries received. No substitution, cash equivalent, or transfer of Prizes permitted by winner. PRIZES ARE AWARDED “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. Each winner shall be solely responsible for payment of any and all applicable federal, state, and local taxes for any prize won.
4. How to Participate. To participate in this Promotion, entrant must provide Sponsor with his/her name and email address via the online submission form provided by Sponsor. Entrants must follow form instructions and complete all necessary fields in order to submit a potentially eligible entry. Limit one (1) entry per person.
Sponsor is not responsible for computer, communication, or network problems or other submission errors that result in late or damaged entries. Sponsor is not responsible for any potential entrant’s failed attempt to upload or download any information in connection with the Promotion, or any technical malfunction that occurs during the entry process. Proof of entering the required information in the entry form is not considered proof of delivery to, or receipt by, Sponsor of entry into the Promotion. Entries that are incomplete, late, lost, postage-due, mutilated, illegible or contain irregular or invalid information, or are corrupted in any way are void and will not be eligible.
5. Winner Selection. Sponsor will randomly select one (1) winner for the prize from among all eligible entries received for the prize.
6. Claiming a Prize. Potential prize winners are subject to verification of eligibility and compliance with these Official Rules. Potential prize winners will be notified by email. Time is of the essence in claiming a prize. Winner will then have 48 hours to respond to the winning e-mail to claim their prize according to the instructions in the notification email or the prize may be forfeited in its entirety and awarded to an alternate winner, at the Sponsor's sole and absolute discretion. If a potential winner is found to be ineligible, is not in compliance with these Official Rules, declines to accept a prize, or any winner notification is returned as undeliverable or the potential winner fails to respond to a winner notification within the time frame specified in such winner notification, the prize may be forfeited. If a prize is forfeited for any reason, it may be awarded to an alternate potential winner, at the Sponsor's sole and absolute discretion, selected at random from the remaining pool of eligible entries, time permitting.
7. Prize Delivery. The Prize will be shipped at Sponsor’s expense, directly to the winner, after verification of eligibility, compliance with these Official Rules, and timely claim of the prize, at the mailing address provided by the winning entrant.
8. Publicity Rights. By participating in the Promotion and/or accepting a prize, each entrant agrees to allow Sponsor and Sponsor's designee the perpetual right to use his/her name, biographical information, photos and likeness, voice recording, video images and all related footage, and statements for Promotion, trade, commercial, advertising and publicity purposes, at any time or times, in all media now known or hereafter discovered worldwide including but not limited to television (including live television), radio, Internet, without notice, review or approval and without additional compensation except where prohibited by law.
9. Applicable Law and Dispute Resolution. As a condition for entering this Promotion, each entrant agrees: (1) the Promotion and the rights and obligations of Sponsor and entrants is governed and controlled by the laws of the State of Washington, without regard to its conflicts of law principles; (2) any and all disputes, claims, cause of action actions, proceedings or litigation relating to or arising out of the Promotion or any of the Prizes awarded shall be governed and controlled by the laws of the State of Washington and shall be instituted and prosecuted individually, without resort to any form of class action, exclusively before a Court of competent jurisdiction located within the County and State of King County, Washington; and (3) the remedy for any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred in entering this Promotion and in no event will entrant be entitled to receive attorneys' fees or any other costs, or punitive, exemplary, consequential, or incidental damages or have damages multiplied or otherwise increased.
10. Limitation of Liability. As a condition for entering this Promotion, each entrant acknowledges and agrees to release, discharge, indemnify and hold harmless the Sponsor and its officers, directors, stockholders, affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, website providers and each their respective officers, directors, stockholders, employees, representatives, designees and agents ("Released Parties") from any and all damages, claims, lawsuits, causes of action, proceedings, demands, fines, penalties, liability, costs and expenses (including, without limitation, reasonable attorneys' fees) related in any way to or arising from, in whole or in part, directly or indirectly, the Promotion (or any portion thereof), or the acceptance, delivery, possession, defects in, use, non-use, misuse, inability to use, loss, damage, or destruction of a prize (or any component thereof), or any negligence or willful misconduct in connection with the use of a prize (or any component thereof).
As a condition for entering this Promotion, each entrant further acknowledges and agrees that the Released Parties are not responsible for: (i) lost, late, incomplete, stolen, misdirected, postage due or undeliverable e-mail/text notifications or postal mail; (ii) any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections, or availability; (iii) garbled, corrupt or jumbled transmissions, service provider/network accessibility, availability or traffic congestion; (iv) any technical, mechanical, printing or typographical or other error; (v) the incorrect or inaccurate capture of registration information or the failure to capture, or loss of, any such information; (vi) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, technical error, theft or destruction or unauthorized access to the Promotion; (vii) any injury or damage, whether personal or property, to entrants or to any person's computer related to or resulting from participating in the Promotion and/or accepting a prize; and (viii) entries that are late, forged, lost, misplaced, misdirected, tampered with, incomplete, deleted, damaged, garbled or otherwise not in compliance with the Official Rules. Further, the Sponsor is not responsible for any undelivered text messages or e-mails, including without limitation, e-mails that are not received because of an entrant's privacy or spam filter settings that may divert any winner notification or other Promotion related e-mail to a spam or junk folder.
11. Miscellaneous. Winning a prize is contingent upon fulfilling all requirements set forth herein. Any attempted form of participation in this Promotion other than as described herein is void and will result in disqualification, and if such person is selected as a potential winner, revocation of his/her prize. If it is discovered or suspected that a person has registered or attempted to register or receive entries using multiple telephone numbers, e-mail addresses, identities, IP addresses, or use of proxy servers or like methods, all of that person's entries will be declared null and void and that person will not be awarded any prize that he/she might have been entitled to receive and such prize may be forfeited at the Sponsor's sole and absolute discretion. Sponsor reserves the right to disqualify any individual found, in its sole and absolute opinion, to be tampering with the operation of the Promotion, to be acting in violation of these Official Rules or to be acting in an unsportsmanlike manner or with the intent to disrupt the normal operation of the Promotion. Any use of robotic, automatic, macro, programmed, third-party or like methods to participate in the Promotion will void any attempted participation effected by such methods and the disqualification of the individual utilizing the same. CAUTION AND WARNING: ANY ATTEMPT TO DELIBERATELY DAMAGE THE PROMOTION OR TO UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR 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. In the event of a dispute as to the identity of an entrant, the entry will be declared made by the primary account holder of the email address supplied at the time of entry based on the applicable provider’s records. Potential winners may be required to show proof of being the primary account holder. If any provision of these Official Rules or any word, phrase, clause, sentence or other portion thereof should be held unenforceable or invalid for any reason, then that provision or portion thereof shall be modified or deleted in such manner as to render the remaining provisions of these Official Rules valid and enforceable. The invalidity or unenforceability of any provision of these Official Rules or any prize documents will not affect the validity or enforceability of any other provision. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision and such provision shall remain in full force and effect. All entries and/or materials submitted will not be returned. In the event of any conflict with any Promotion details contained in these Official Rules and the Promotion details contained in any promotional materials (including, but not limited to, point of sale, television and print advertising, promotional packaging and other promotional media), the details of the Promotion as set forth in these Official Rules shall prevail.