NerdOut.net Giveaway OFFICIAL RULES
NO PURCHASE IS NECESSARY TO ENTER OR WIN. MAKING A PURCHASE WILL NOT IMPROVE ENTRANT’S ODDS OF WINNING. SUBJECT TO ALL FEDERAL, STATE, LOCAL AND PROVINCIAL LAWS, REGULATIONS, AND ORDINANCES.
MarketYou, LLC doing business as NerdOut.net gives away a Star Wars collectable item, which herein will be referred to as the “Giveaway” or the “Prize”. Entrance for the giveaway begins at 12:01 AM Pacific Standard Time (“PST”) the first day of the announcement and continues until the winner is announced on the selected day which is updated monthly and listed here http://nerdout.net/star-wars-giveaway-thank-you/
1. ELIGIBILITY: The NerdOut.net Giveaway (the “Giveaway”) is open to legal residents of the United States and the District of Columbia (except those residing in ID, NE, NJ, PR, RI, WV, US Virgin Islands and other US territories and possessions and military installations), United Kingdom and Canada (except Quebec), who are the legal age of majority in their jurisdiction of residence as of the date and time of entry. If any entry received from a resident of Canada is selected as a potential winner, potential winner will be subject to the process outlined in the section titled “SELECTION AND NOTIFICATION OF WINNERS”. Employees and directors of NerdOut.net or any of their parent companies (or subsidiaries thereof), affiliates, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment, and marketing agencies, and members of their immediate families (spouses, parents, children, siblings and their spouses, regardless of where they live) and those living in the same household are not eligible to enter. Participation constitutes Entrant’s full and unconditional agreement to these Official Rules and to Sponsor’s decisions, which are final and binding in all matters related to the Giveaway. Sponsor reserves the right to verify the eligibility of Winner. Any entry shall be rendered void if in contravention of these Giveaway Rules (“the Official Rules”) or where prohibited or restricted by law.
2. TO ENTER: For a chance to win a Monthly Prize or the Grand Prize, participants (“Entrants”) may enter the Giveaway during the Giveaway Period by filling out completely and accurately an online entry form at http://www.NerdOut.net/free (the “Website”). Participation is LIMITED TO ONE (1) ENTRY PER PERSON PER GIVEAWAY PERIOD. In the event more than one (1) entry is received from any one (1) person during the giveaway period the first entry processed will be considered the only valid entry received. In the event of a dispute regarding an entry, entries will be deemed made by the authorized account holder of the e-mail address submitted at the time of entry. The authorized account holder is the natural person who is assigned to the e-mail address by an internet access provider or other organization that is responsible for assigning e-mail addresses or the domain associated with the submitted e-mail address.
3. SELECTION AND NOTIFICATION OF WINNERS/ODDS: Monthly Drawing: Sponsor will select one (1) potential Winner using a random drawing method from the pool of all eligible entries received up until the end of the Giveaway Period and will exclude any entrant who has won a previous Monthly Prize Drawing. The drawing time and date is located on this page http://nerdout.net/star-wars-giveaway-thank-you/. Odds of being selected as a Winner are based on the total number of eligible entries received up until the date and time of the drawing. Each drawing shall be open to the public and conducted at 7656 Calico Fields St. Las Vegas, Nevada 89141. Entrants do not need to be present to win.
The potential winner of each Prize Drawing will be notified by e-mail and/or Facebook Message within seven (7) days after the drawing in which their name was chosen as a potential winner and will be advised of the prize that they are eligible to win.
If any prize notification by Facebook Message or Email not answered after 3 attempts, if the e-mail notification is returned as undeliverable, or if a potential winner is disqualified or otherwise determined to be ineligible or declines to accept the prize within five (5) days of notification, or refuses or fails to comply with the Acceptance Criteria detailed below, the prize will be forfeited and an alternate potential winner may be selected at random from the remaining eligible entries received.
4. ACCEPTANCE CRITERIA: Potential winner must consent to each of the following Acceptance Criteria to be considered an official winner:
a. Provide a current photograph of themselves via e-mail in the jpeg format;
b. Sign an Affidavit of Eligibility, Liability & Publicity Release (where permitted by law) within ten (10) days of notification (as detailed in the heading “Release and Limitations of Liability”); and
c. Provide feedback upon request by Sponsor on their resort experience.
5. THE PRIZE(S):
a. PRIZE: One (1) Entrant will receive aJames Earl Jones Star Wars Authentic Signed 11X14 Photo PSA/DNA that includes a Certificate of Authenticity.
b. PRIZE VALUE: Prizes are currently valued at approximately $400.00 depending on shipping and taxes.
6. PRIZE RESTRICTIONS: Sponsor reserves the right to offer only the stated number of prizes by random drawing among all legitimate, un-awarded, eligible prize claims. No more than one (1) prize will be offered to an Entrant and only one (1) prize will be offered per household. Prize Winners will be removed from any further drawings and will not be eligible to receive any further prizes. Prizes cannot be substituted, assigned, transferred, or redeemed for cash by Winner.
For prizes with a cash value of more than $600 will receive a 1099-MISC form from NerdOut.net. Winners who are U.S. residents for tax purposes will be required to complete Form W-9 for tax reporting purposes. Winners who are not U.S. residents for tax purposes will be required to complete Form W-8BEN-E prior to receiving the prize.
All prize details are at Sponsor’s sole discretion. Sponsor is required by law to report the prize where required. An IRS form 1099 or W-8BEN will be issued to the Winner if appropriate.
7. GENERAL CONDITIONS: Sponsor, and its affiliated companies, may contact Entrants for marketing purposes by e-mail, landline telephone using an automatic dialer (for which express written consent is provided at the time of entry) or post regarding publications and information relating to its products, offers and services. Entrants consent to be contacting in such manner by entering to win. No purchase or any good or service is necessary or required to enter or win. Purchase or any good or service marketed to an Entrant will not increase the likelihood of winning. Entrants may withdraw consent at any time by sending a written email request to this effect to the address below:
Subject: OPT OUT
All Entrants will conduct themselves in a decorous manner at all times during their participation in the Giveaway. Sponsor reserves the right to disqualify any Entrant if such Entrant has engaged in, or during the Giveaway engages in, any act which, in Sponsor’s sole judgment, involves moral turpitude or which brings Sponsor or Entrant into public disrepute, contempt, scandal or ridicule, or which damages, denigrates or injures the reputation or success of Sponsor or its products or services.
Sponsor reserves the right to cancel the Giveaway once announced. Sponsor may prohibit an Entrant from participating in the Giveaway or winning a prize if, in its sole discretion, it determines that Entrant is or has attempted to undermine the legitimate operation of the Giveaway by cheating, hacking, deception or other unfair playing practices or intending to annoy, abuse, threaten, or harass any other Entrants or Sponsor representatives.
WARNING: ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS GIVEAWAY OR UNDERMINE THE LEGITIMATE OPERATION OF THE GIVEAWAY IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
8. RELEASE AND LIMITATIONS OF LIABILITY: By participating in this Giveaway, Entrants agree that Sponsor and their shareholders, 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”) are not responsible for:
a. 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 Giveaway;
b. technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software;
c. unauthorized human intervention in any part of the entry process or the Giveaway;
d. technical or human error which may occur in the administration of the Giveaway or the processing of entries; or
e. to the extent permitted by law, any injury, loss or damage of any kind to persons, including personal injury or death or property which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Giveaway, downloading any materials, acceptance, possession or receipt or use or misuse of any prize.
To the extent permitted by law, by participating in this Giveaway, Entrants agree that the Released Parties will have no liability whatsoever for, and shall be held harmless by Entrants against any claims based on publicity rights, defamation or invasion of privacy. Released Parties are not responsible if a prize cannot be awarded due to delays, or interruptions due to acts of god, acts of war, natural disasters, weather, or terrorism.
9. PUBLICITY GRANT: Except where prohibited by law, Winner grants to Sponsor (which grant will be confirmed in writing on request of Sponsor), its parent company and any subsidiary thereof, affiliates, retailers, distributors, advertising and promotion 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, the Winner’s name, portrait, picture, city/town of residence, voice, likeness, opinions and biographical information 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.
10. DISPUTES: To the extent permitted by law, Entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Giveaway or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively in the State and/or Federal Courts of the State of Nevada; (2) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Giveaway, 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 Giveaway shall be governed by, and construed in accordance with, the laws of the State of Nevada, without giving effect to any choice of law or conflict of laws rules of any other jurisdiction, which would cause the application of the laws of any jurisdiction other than the State of Nevada.
12. OFFICIAL RULES AND WINNER’S LIST: For a copy of the Official Rules and the Winners’ names and city of residence [available for ninety (90) days after Winner selection], visit http://nerdout.net/star-wars-giveaway-thank-you/ or send an email request to firstname.lastname@example.org
13. MISCELLANEOUS: Any names and addresses acquired during the course of this Giveaway will be used for the purpose of soliciting additional services.
This Giveaway is neither an offer to sell nor a solicitation to residents in jurisdictions in which registration requirements have not been fulfilled, and your eligibility will depend upon the state of residency of the Entrant.
THIS ADVERTISEMENT IS BEING USED FOR THE PURPOSE OF SOLICITING PRODUCTS AND SERVICES in the U.S., Hawaii, Canada and United Kingdom.