#HTCAdvantage Giveaway Official Rules
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
- Eligibility: #HTCAdvantage Giveaway (the “Sweepstakes”) is open only to legal residents of the fifty (50) United States (excluding Florida and New York) and the District of Columbia who are at least eighteen (18) years old at the time of entry. Employees of HTC America, Inc., Swift Collective, Inc., HelloWorld, Inc., and their parent and affiliate companies as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible. The Sweepstakes is subject to all applicable federal, state, and local laws and regulations and is void in Florida, New York, and where prohibited. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s and Administrator’s decisions, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein.
- Sponsor: HTC America, Inc., 13920 SE Eastgate Way, Suite 200, Bellevue, WA 98005. Administrator: HelloWorld, Inc., One ePrize Drive, Pleasant Ridge, MI 48069.
- Timing: The Sweepstakes begins on February 18, 2014 at 12:00 a.m. Eastern Time ("ET") and ends on March 11, 2014 at 11:59 p.m. ET (the "Promotion Period"). Twitter Inc.’s servers are the official time-keeping device for the Sweepstakes.
- How to Enter: During the Promotion Period, log-in to or create your Twitter account. (Creating a Twitter account is free but subject to the Terms of Service at https://twitter.com/tos.) Follow @HTCUSA on Twitter and tweet the hashtag “#HTCAdvantage” along with a relevant response (herein, your “Submission”) to the Sponsor’s tweeted Sweepstakes question or prompt. You will automatically receive one (1) entry into the Sweepstakes drawing.
For All Submissions: Submission must be the original work of the entrant, and entrant must have permission from all individuals who appear in or are mentioned in the Submission (if any) to use their name and likeness and to grant the rights set forth herein. If requested, entrant must be able to provide such permissions in a form acceptable to Sponsor. Your Submission will be disqualified if it is found to contain material that is irrelevant to the purpose of the promotion; profane, pornographic, sexually explicit or suggestive, or contains nudity; is violent or promotes firearms/weapons; promotes alcohol, illegal drugs or tobacco (or use of any of the foregoing); promotes any activities that may appear unsafe or dangerous; promotes any particular political agenda or message; defames, misrepresents or contains disparaging images or remarks about people or companies; is obscene or offensive, endorses any form of hate or hate group, or is derogatory to any ethic, racial, gender, religious, professional or age group; appears to duplicate any other submitted entries; contains trademarks, logos, or trade dress (such as distinctive packaging or building exteriors/interiors) owned by others, without permission; contains any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses; contains copyrighted materials owned by others (including photographs, sculptures, paintings, and other works of art or images published on or in websites, television, movies or other media), without permission; contains materials embodying the names, likenesses, voices, or other indicia identifying any person, including, without limitation, celebrities and/or other public or private figures, living or dead, without permission; contains look-alikes of celebrities or other public or private figures, living or dead; communicates messages or images inconsistent with positive images and/or goodwill; depicts Sponsor in a bad light or otherwise has the potential to harm its reputation; contains logos or references to Sponsor’s competitors; and/or violates any law.
Tweeting a Submission constitutes entrant’s consent to give Sponsor a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display such Submissions in whole or in part, on a technology now known or later developed, including for promotional or marketing purposes. If requested, entrant will sign any documentation required for Sponsor or its designees to make use of the non-exclusive rights entrant is granting to use the Submission.
Limit: You may enter one (1) time per day during the Promotion Period. Multiple entrants are not permitted to share the same Twitter account or email address. Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different Twitter accounts, email addresses, identities, registrations and logins, or any other methods will void that entrant's entries and that entrant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. In the event of a dispute as to any registration, the authorized account holder of the email address used to register will be deemed to be the entrant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Each potential winner may be required to show proof of being an authorized account holder.
- Drawings: Administrator is an independent judging organization whose decisions as to the administration and operation of the Sweepstakes and the selection of the potential winners are final and binding in all matters related to the Sweepstakes. Administrator will randomly select the potential Sweepstakes winners from all eligible entries received during the Promotion Period, on or around March 18, 2014. The potential winners will be notified via Direct Message from @HTCUSA on Twitter. In order to receive the Direct Message, your Twitter account settings must be set to "unprotected" and/or "public". Each potential winner will be required to respond to the Sponsor’s Direct Message with the requested information within five (5) days of the date notice or attempted notice is sent. If a potential winner of any prize cannot be contacted, fails to provide the requested information within the required time period, or the prize is returned as undeliverable, the potential winner forfeits his/her prize. Receiving a prize is contingent upon compliance with these Official Rules. In the event that a potential winner is disqualified for any reason, Sponsor will award the applicable prize to an alternate winner by random drawing from among all remaining eligible entries. Only three (3) alternate drawings will be held, after which the prize will remain un-awarded. Prizes will be fulfilled approximately 8-10 weeks after winner confirmation.
- Prizes: TWO HUNDRED (200) GRAND PRIZES: A HTC One mobile phone. Approximate Retail Value (“ARV”): $599.99. The actual value of electronic prizes is subject to price fluctuations in the consumer marketplace based on, among other things, any gap in time between the date the ARV is estimated for purposes of these Official Rules and the date the prize is awarded or redeemed. Any device prize will consist of the device only; winners are solely responsible for obtaining voice and/or data services plan(s) with an appropriate mobile operator. Prizes are non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize for one of equal or greater value if the designated prize should become unavailable for any reason. Winners are responsible for all taxes and fees associated with prize receipt and/or use. Odds of winning a prize depend on the number of eligible entries received during the Promotion Period. Limit: One (1) prize per person.
- Release: By receipt of any prize, winners agree to release and hold harmless Sponsor, Swift Collective, Inc., Twitter, Inc., Administrator, and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Sweepstakes or receipt or use or misuse of any prize.
- Publicity: Except where prohibited, participation in the Sweepstakes constitutes each winner’s consent to Sponsor’s and its agents’ use of winner’s name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration.
- General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures, human error or any other factor impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor in its sole discretion. In such event, Sponsor, in its sole 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. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person 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, 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.
- Limitations of Liability: The Released Parties 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) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Sweepstakes; (4) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; (5) late, lost, undeliverable, damaged or stolen mail; or (6) 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. 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, if it is possible. No more than the stated number of prizes will be awarded. 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 among all legitimate, un-awarded, eligible prize claims.
- 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 Eastern District of Michigan (Southern Division) or the appropriate Michigan State Court located in Oakland County, Michigan; (2) 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 (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, and 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 Michigan without giving effect to any choice of law or conflict of law rules (whether of the State of Michigan or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Michigan.
- Winner List: For a winner list, visit http://bit.ly/1ft37Ff. The winner list will be posted after winner confirmation is complete.
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