Belkin Big Game Giveaway

TWITTER CONTEST

OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER OR WIN AND WILL NOT INCREASE YOUR CHANCES OF WINNING.   YOU HAVE NOT WON YET.

These Official Contest Rules apply to the Belkin Big Game Giveaway Twitter Contest (the “Contest”).  The contest will run from January 30, 2012 through February 3, 2012, with one question posted on Twitter each day of the contest for a total of 5. Contestants that answer each day’s question correctly will be entered into a drawing for a daily prize. Contestants that answer all 5 questions correctly will be eligible for one grand prize package. The drawings will take place on Monday, February 6, 2012.  By participating in the Contest, you agree to be bound by these Rules and by the interpretations of these Rules by the Sponsor, which are final in all matters relating to the Contest.  These Contest are void where prohibited.

 

Sponsor:  These Contest are sponsored by Belkin International, 12045 E. Water Front Drive, Playa Vista, CA 90094 (the “Sponsor”). 

 

Contest Period and Drawing Dates:  The dates and times of entry (the “Entry Period”) and the dates of the drawing (the “Drawing Date”) for the Contest are set forth in the table below.  Eligible Entries, defined below, will be drawn at random on each of the Drawing Dates listed below.  The Eligible Entries drawn on each Drawing Date will receive the Prize described below.   

 

Contest

Entry Period

Drawing Date

Week 1 – 5 daily question drawings, 1 grand prize question drawing

(1/30/12), 9:00 AM Pacific Standard Time (PST) to (2/3/12) , 11:59 PM PST

Sunday, February 5, 2012

 

Eligibility:  The Contest is open to persons who have reached their 18th birthday on or before (January 30, 2012) and who reside in one of the 50 states of the United States or the District of Columbia.  Employees, agents and representatives of the Sponsor, or of its subsidiaries and affiliates, or of any of their respective advertising and promotion agencies, and the parents, siblings and children of any such employee, agent or representative or any person with whom such employee, agent or representative is domiciled are not eligible to enter the Contest. Any person that has won a previous Contest or Contest by the Sponsor in the past six months is ineligible. Eligible entrants for each drawing are those that have answered that day’s Contest post correctly. Eligible entrants for the grand prize drawing must have answered all 5 questions correctly. Any person winning any one of the Contest days is ineligible to win again on any other day, but is eligible for the “grand prize” drawing if they meet requirements for that drawing. “Eligible Entries” are those entries submitted by persons meeting the above eligibility requirements and otherwise complying with these Rules.

How to Enter:  You may enter the Contest by: (a) Answering the Belkin Big Game giveaway question posted on the Sponsor’s Twitter feed as a comment. There will be one posting per day for 5 days. Sponsor’s Twitter account is located at www.Twitter.com/belkin. Contestants may enter once per day. All Eligible Entries must be posted to the Sponsor’s Twitter feed by the ending time on the last day of the applicable Entry Period.  All entries received thereafter will be considered disqualified and will be ineligible for participation.  If Sponsor does not receive an entry for any reason or if an entry is not answered correctly, the entry will be invalid and you will be ineligible for a Prize.  All entries become the exclusive property of the Sponsor and will not be acknowledged or returned.  Sponsor reserves the right at is sole discretion to reject any entry for failing to fully comply with these Rules. 

Selection of Winners:  On February 6, Sponsor will select 6 winners by a random drawing from the pool of Eligible Entries (each, a “Winner”).  Each drawing will be conducted under the supervision of the Sponsor.  If a Winner cannot be contacted, fails to return the required documents in the required time as provided herein or refuses or is unable to accept the Prize, another Winner will be drawn from the pool of Eligible Entries for that Contest at random.

Prizes; Odds of Winning:  Each daily prize consists of a Belkin ScreenCast AV 4, which retails for $249.99. The grand prize package will consist of 1) ScreenCast AV 4, 1) Universal Wireless AV adapter, 1) Belkin PureAV Home Theater console, and 1 Belkin HDMI Video to Audio cable, which combined has a retail value of $689.99. If a daily drawing winner also wins the grand prize, only one ScreenCast AV 4 will be given as part of the prize package. The odds of winning a Prize on any one day of the Contest will depend on the number of Eligible Entries received for the Contest on a given day. A total of 6 prizes will be awarded.

Notification of Winners:  The Sponsor will notify each Winner by email within 15 days of the applicable Drawing Date.  Prizes will be awarded only on verification by the Sponsor that all Contest requirements have been met by the Winner.  Each Prize must be accepted as awarded and no substitution, transfer, conversion or assignment of Prizes will be allowed, except at Sponsor’s sole discretion.  Each Winner will have ten (10) calendar days from notification to accept the Prize by email or U.S. mail.  The Sponsor is not responsible for and shall not be liable for late, lost, misdirected, or unsuccessful efforts to notify a Winner.  In order to be declared an official Winner the person whose entry is drawn will be required to complete, sign and return to the Sponsor an Affidavit and Release Form within ten (10) days of receipt.  If you fail to complete, sign and return the Affidavit and Release Form to the Sponsor within ten (10) days, the Sponsor reserves the right to void that entry and select another Winner for that Prize. By completing, signing and returning the Affidavit and Release Form, you (i) confirm compliance with these Rules, (ii) release and forever discharge the Sponsor, its affiliates and subsidiaries, the Sponsor, its affiliates and subsidiaries and their respective advertising and promotional agencies from all claims, demands, damages, actions and causes of action arising or to arise by reason of the acceptance or use of the Prize, and (iii) except as limited by law, give permission to the Sponsor at its option to publish or otherwise use your name, address, photograph, voice and comments, without compensation, in any publicity carried out by the Sponsor or its advertising agencies.  If a Prize notification is returned as undeliverable, a Winner declines his/her Prize, a Winner fails to provide complete entry information and/or timely reply to and/or return all required documents within the designated time period or fails to comply with any of these Rules, such Winner will be disqualified and an alternate Winner will be selected in accordance with these Rules.  All Prizes will be awarded.  If Sponsor is unable to give away any Prize for any reason, it will be donated to a charity of Sponsor’s choice. 

Indemnification:  (a)    By entering, you agree to defend (at Sponsors’ option), hold harmless and indemnify Sponsor, Sponsor’s affiliates, and their respective officers, directors, partners, members, shareholders, employees, agents, executors, family members, heirs and assigns, and each of their respective advertising and promotional agencies, from and against any and all liability, damages or causes of action (however named or described), with respect to or arising out of either (i) your participation in the Contest; and/or (ii) the receipt, redemption or use of the Prizes awarded in the Contest.  You also agree to release all rights to bring any claim, action or proceeding against Sponsor and further covenant not to sue Sponsor, and you hereby acknowledge that Sponsor has not made or is in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to the Prizes. 

(b)  You shall have the right to:  (i) employ attorneys to institute or defend any claim, which attorneys must be reasonably acceptable to Sponsor, (ii) take any other reasonably appropriate steps to protect all rights and interests at issue, or (iii) settle, compromise in good faith or in any other manner dispose of any claim and satisfy any judgment that may be rendered, except that no compromise, settlement or disposition of any such claim may be affected or committed by you without the consent of Sponsor, which consent may not be unreasonably withheld or delayed.  Sponsor shall have the right to participate in the defense of any claim.  If a conflict of interest arises or exists between you and Sponsor, Sponsor shall have the right to retain separate counsel to represent its interests at your sole cost and expense, except as limited by law.

DISCLAIMER OF WARRANTIES:  SPONSOR IS PROVIDING THE CONTEST ON AN “AS IS” AND “AS AVAILABLE” BASIS.  SPONSOR DOES NOT REPRESENT OR WARRANT THAT THE CONTEST OR THE TECHNOLOGY USED TO PROVIDE IT:  (I) WILL BE UNINTERRUPTED OR SECURE, (II) WILL BE FREE OF DEFECTS, INACCURACIES OR ERRORS, OR (III) WILL MEET YOUR REQUIREMENTS OR ENABLE YOU TO PARTICIPATE IN IT.  SPONSOR MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE RULES, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.

 

EXCLUSION OF DAMAGES:  SPONSOR WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL), WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, ARISING OUT OF, RELATING TO OR CONNECTED WITH THE CONTEST, REGARDLESS OF THE CAUSE OF ACTION ON WHICH THEY ARE BASED, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING. 

 

LIMITATION OF LIABILITY:  IN NO EVENT WILL SPONSOR’S AGGREGATE LIABILITY ARISING FROM, RELATING TO, OR IN CONNECTION WITH THESE RULES (INCLUDING, WITHOUT LIMITATION, CLAIMS RELATING TO THE NETWORK) EXCEED THE ACTUAL OUT OF POCKET COSTS PROXIMATELY CAUSED YOU BY SPONSOR’S BREACH OF THESE RULES.

 

LEGAL RIGHTS:  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS PROVIDED ABOVE OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY.

General Terms:  Sponsor assumes no responsibility for incorrect or inaccurate entry information whether caused by any of the equipment or programming associated with or utilized in the Contest or by any human error which may occur in the processing of the entries in the Contest.  Sponsor is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, failure of any e-mail or servers on account of technical problems or traffic congestion on the Internet or at any website, or any combination thereof, or any incomplete, lost, late, delayed, misdirected or garbled entries or failure to receive entries, including, without limitation, any injury or damage to your or any other person’s computer related to or resulting from participation or downloading any materials or software or attempts to participate in or download materials or software related to the Contest.  Sponsor is not responsible for any typographical or other error in the printing of the offer, administration of the Contest, or in the announcement of the Prizes and the Winners.  If, for any reason, any Contest is not capable of running as planned, or is disrupted or corrupted, including, without limitation, by strikes, acts of war or terrorism, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical or system failures, or any other causes beyond the control of Sponsor which corrupts or affects the administration, security, fairness, integrity or proper conduct of any of these Contest or for any reason Sponsor deems it necessary, Sponsor reserves the right in its sole discretion to cancel, terminate, modify or suspend the Contest.  No software-generated, robotic, programmed, script, macro or other online or text message entries are permitted.  Sponsor reserves the right in its sole discretion to disqualify any person from these Contest if Sponsor suspects or finds that person: (i) has used a software–generated, robotic, programmed, script, macro or other automated online or text message entry; (ii) has tampered with the entry process or the operation of these Contest; (iii) is acting in violation of these Rules; (iv) is acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person; or (v) has provided inaccurate information on any documents submitted in connection with these Contest.  CAUTION:  ANY ATTEMPT BY YOU TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THESE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM YOU TO THE FULLEST EXTENT PERMITTED BY LAW. YOU HEREBY WAIVE ANY AND ALL OBJECTIONS TO JURISDICTION AND VENUE IN THESE COURTS AND HEREBY SUBMIT TO THE JURISDICTION OF THOSE COURTS. 

 

Winners List: Except as limited by law, you may obtain a copy of the list of Winners or a copy of these Rules by sending a request to: Belkin Public Relations 12045 E.Waterfront Drive, Playa Vista, CA 90094.  Requests must be received no later than December 31, 2011 and must enclose a self-addressed stamped envelope (residents of the State of Vermont may omit postage).

 

Waivers: No failure or delay by a party in exercising any right, power, or privilege under these Rules will operate as a waiver thereof.  No waiver of any provision of these Rules, or any rights or obligations of either party under these Rules, shall be effective, except pursuant to a written instrument signed by the party waiving compliance, and any such waiver shall be effective only in the specific instance and for the specific purpose stated in such writing.

 

Severability:  Any provision of these Rules that is found invalid or unenforceable pursuant to judicial decree or decision shall be ineffective to the extent of such invalidity or unenforceability, and the remainder of these Rules shall remain valid and enforceable according to their terms.  If any provision of these Rules is so broad as to be unenforceable, the provision shall be interpreted to be only so broad as is enforceable.

 

Use of Data:  Sponsor will be collecting personal data about you, including without limit your email address, in accordance with Sponsor’s privacy policy.  Please review the Sponsor’s Privacy Policy at http://www.belkin.com/legal/privacy.html.  By participating in the Contest, but except as limited by law, you hereby agree to Sponsor’s collection and usage of your personal information and acknowledge that you have read and accepted Sponsor’s Privacy Policy.