OFFICIAL RULES FOR THE
WEMO THANKSGIVING GIVEAWAY SWEEPSTAKES
NO PURCHASE NECESSARY.
A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
VOID WHERE PROHIBITED BY LAW.
Please read these Official Rules (these “Rules”) for the Wemo Thanksgiving Giveaway Sweepstakes (the “Sweepstakes”) sponsored and administered by Belkin International, Inc. (the “Sponsor”). By participating in the Sweepstakes, you (i) represent that you satisfy all of the eligibility requirements set forth below, and (ii) agree to be bound by these Rules and by the interpretations of these Rules by the Sponsor, in its sole and absolute discretion, which interpretations are final and binding in all matters relating to the Sweepstakes.
THE SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED, ADMINISTERED BY OR ASSOCIATED WITH FACEBOOK, INSTAGRAM, OR TWITTER.
Entry Period: The dates and times of entry and the date that the Winners (as defined below) will be selected for the Sweepstakes are set forth below.
The Entry Period for the Sweepstakes will begin on November 12, 2020 at 9:00 a.m. (Pacific Time) and end on November 23, 2020 at 11:59 p.m. (Pacific Time).
The Selection Date will occur on November 26, 2020.
All Eligible Entries (as defined below) received during the Entry Period will be eligible to win a Prize (as defined below); provided that no entrant can be selected as a Winner more than once.
Eligibility: The Sweepstakes is open only to natural persons who are at least eighteen (18) years of age as of November 12, 2020 and are legal residents of the United States or the District of Columbia. Employees, directors, and officers of the Sponsor, and each of its affiliates, subsidiaries, advertising or promotional agencies, and any of their immediate family members and/or those living in the same household, are not eligible to participate in the Sweepstakes. An “Eligible Entry” is an entry submitted by a person that complies with (a) the eligibility requirements set forth in this paragraph, (b) all other terms and conditions of these Rules, and (c) all applicable usage rules for Facebook, Instagram and/or Twitter.
How to Enter: You may enter the Sweepstakes during the Entry Period by (i) liking the post promoting this Sweepstakes on either Facebook, Instagram, or Twitter, as applicable, (ii) following @Wemo on either Facebook, Instagram, or Twitter, as applicable, (iii) commenting on that post about what you’re thankful for and tagging three (3) friends (“Submission”). All Submissions must not contain any unlawful, hateful, objectionable, harmful, threatening, discriminatory, abusive, harassing, offensive, libelous, defamatory, slanderous, immoral, pornographic, indecent, or obscene material, or material that is otherwise illegal, fraudulent or objectionable, or that advocates or describes any illegal activity. All Submissions must be received by the Sponsor no later than the end of the applicable Entry Period. All Submissions received after November 23, 2020 will be ineligible for participation in the Sweepstakes. If the Sponsor does not receive a Submission for any reason or if a Submission is not submitted correctly, such Submission will be invalid and will be ineligible to receive a Prize.
Warranties and Consents: By entering the Sweepstakes, you: (a) represent and warrant that (i) you have read, and agree to be bound by, these Rules and any applicable policies or procedures posted by Facebook, Instagram, and/or Twitter (as applicable), (ii) based on these Rules, you are eligible to participate in the Sweepstakes, and (iii) all of the information provided as part of your entry is accurate, does not violate any third party’s legal rights (including, without limitation, rights of privacy and publicity), and otherwise does not violate applicable law; (b) consent to the use of your name and/or likeness by the Sponsor and its affiliates for promotional purposes (whether online, in print or through any other media now known or hereafter developed), without additional compensation or authorization unless prohibited by law; (c) agree to be bound by the interpretations of these Rules by the Sponsor, in its sole and absolute discretion, which are final and binding in all matters relating to the Sweepstakes; and (d) acknowledge that the Sweepstakes is in no way sponsored, endorsed, administered by or associated with Facebook, Instagram, or Twitter.
Selection of Winner: On the Selection Date, three (3) winners (each, a “Winner”) will be selected to receive the prize set forth below (a “Prize”) by selecting at random from the pool of Eligible Entries. If a Winner cannot be contacted, fails to respond promptly to the Sponsor’s notification regarding such person’s being a Winner (and in any event, within two weeks), fails to return the required documents in the required time as provided herein (and in any event, within two weeks), refuses or is unable to accept a Prize, or is otherwise in violation of these Rules, the Sponsor shall select another Winner by selecting at random from the pool of remaining Eligible Entries. No entrant can be selected as a Winner more than once during the Sweepstakes.
Prize; Approximate Retail Value of Prize; Odds of Winning: The Prize awarded to each Winner shall be a WiFi Smart Plug (ARV $24.99). The approximate retail value of all Prizes awarded in the Sweepstakes is $74.97.
The odds of being selected as a Winner depend on the number of Eligible Entries received. Each Prize must be accepted as awarded and no substitution, transfer, conversion, or assignment of any Prize is allowed. No Prize is redeemable for cash. In the event of unavailability of any Prize, the Sponsor may substitute an alternative prize of equal or greater value.
EACH PRIZE WILL BE PROVIDED BY THE SPONSOR TO EACH WINNER “AS IS.” THE SPONSOR DOES NOT MAKE, AND EXPRESSLY DISCLAIMS, ANY WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING EACH PRIZE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT.
Notification of Winner; Verification: The Sponsor will notify each Winner via direct message on either Facebook, Instagram, or Twitter (depending on the social media platform used by such Winner to enter). Prizes cannot be shipped to a P.O. box. The Sponsor is not responsible or liable in any manner for late, lost, misdirected or unsuccessful efforts to notify a Winner. A Prize will be awarded only if the Winner has promptly responded, the Sponsor has verified that the Winner has complied with these Rules, and, if so required by the Sponsor, completed, signed and returned to the Sponsor an Affidavit and Release Form (the “Affidavit”) within two weeks of receipt. If such person fails to promptly complete, sign and return the Affidavit to the Sponsor, the Sponsor reserves the right to void such person’s entry and select another Winner. By accepting any Prize, or by completing, signing and returning the Affidavit, you (i) confirm your compliance with these Rules, (ii) release and forever discharge the Sponsor and each of its respective officers, directors, managers, members, employees, affiliates and subsidiaries, and each of their respective advertising and promotional agencies, from all claims, demands, damages, actions and causes of action arising by reason of the acceptance or use of a Prize, and (iii) except as limited by law, give permission to the Sponsor, at its option, to publish or otherwise use your name, photograph, voice and comments, without compensation, in any publicity carried out by the Sponsor or its advertising agencies.
Taxes: All federal, state, and local taxes are the sole responsibility of the Winner. Consult with your tax professional regarding potential tax implications.
Indemnification: By participating in the Sweepstakes and, if a Winner, by accepting a Prize, you agree to release, indemnify, defend and hold harmless the Sponsor, Facebook, Instagram, Twitter, and each of their respective parent companies, subsidiaries, affiliates, related companies, licensees, assigns, promotional partners and the respective officers, directors, managers, members, employees, agents, successors, licensees and assigns of each of the foregoing from and against any and all liability whatsoever for any loss, harm, damage, injury, cause of action, claim, cost or expense (including, without limitation, any property damage, personal injury and/or death) arising out of or in connection with your participation in the Sweepstakes, including, without limitation, acceptance, use or misuse of a Prize.
Arbitration; Waiver of Certain Damages: As a condition of participating in the Sweepstakes, you agree that: (i) under no circumstances will you be permitted to obtain an award for, and you hereby waive all rights to claim, punitive, incidental, consequential or any other indirect damages; (ii) all causes of action arising out of or connected with the Sweepstakes or any Prize shall be resolved exclusively by arbitration under the rules of the American Arbitration Association before a single arbitrator located in Los Angeles, California; and (iii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes, but in no event shall any claim, judgment or award include attorneys’ fees or any equitable or injunctive relief. Disputes arising out of the Sweepstakes will be determined according to the laws of the State of California without reference to its or any other jurisdiction’s conflicts of laws principles. Any provision of these Rules deemed unenforceable will be enforced to the fullest extent permissible, and the remainder of these Rules will remain in effect.
Limitation of Liability: The Winner acknowledges and agrees that the Sponsor, and each of its parents, subsidiaries and affiliated companies, advertising and promotion agencies, and each of their officers, directors, managers, members, employees, representatives and agents will have no liability whatsoever, and shall be held harmless by the Winner for any injuries, claims, losses or damages of any kind to any person, including death, or property resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any Prize.
DISCLAIMER OF WARRANTIES: THE SPONSOR IS PROVIDING THE SWEEPSTAKES ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE SPONSOR DOES NOT REPRESENT OR WARRANT THAT THE SWEEPSTAKES 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. THE 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.
General Terms: The Sponsor assumes no responsibility for incorrect or inaccurate entry information whether caused by any equipment or programming associated with or utilized in the Sweepstakes or by any human error which may occur in the processing of the entries in the Sweepstakes. The 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 email or servers on account of technical problems or traffic congestion on the Internet or 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 any attempt to participate in the Sweepstakes or to download materials or software related to the Sweepstakes.
The Sponsor is not responsible for any typographical or other error in the printing of the offer, administration of the Sweepstakes or in the announcement of a Prize and/or the Winner. If, for any reason, the Sweepstakes 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 the Sponsor which corrupts or affects the administration, security, fairness, integrity or proper conduct of the Sweepstakes, or for any reason the Sponsor deems it necessary, the Sponsor reserves the right in its sole and absolute discretion to cancel, terminate, modify or suspend the Sweepstakes. No software-generated, robotic, programmed, script, macro or other online or text message entries are permitted. The Sponsor reserves the right in its sole and absolute discretion to disqualify any person from the Sweepstakes if the Sponsor suspects or finds that such 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 the Sweepstakes; (iii) is acting or has acted in violation of these Rules; (iv) is acting in a disruptive manner, or with intent to annoy, abuse, threaten or harass any other person; or (v) has provided inaccurate information on any document submitted in connection with the Sweepstakes.
ANY ATTEMPT BY YOU TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW AND, SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM YOU TO THE FULLEST EXTENT PERMITTED BY LAW.
Use of Data: The Sponsor and/or its affiliates may collect personal data about you, including, without limitation, your email address. By participating in the Sweepstakes, except as limited by law, you hereby agree to the collection and usage of your personal information by the Sponsor and/or its affiliates as set forth herein.
Severability; Headings: If any provision of these Rules is found by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Rules and shall not affect the validity or enforceability of any remaining provision hereof. Headings and captions are used in these Rules solely for convenience of reference and shall not be deemed to affect in any manner the meaning or intent of these Rules or any provision hereof.
Sponsor; Administrator: Belkin International, Inc. is the Sponsor and the Administrator of the Sweepstakes and its address is 12045 E. Waterfront Drive, Playa Vista, California 90094. Requests for a copy of these Rules or a list of winners of the Sweepstakes must be sent in writing to the Sponsor in a selfaddressed stamped envelope. Such requests must identify the name of the Sweepstakes as set forth above. Requests for a list of winners must be sent within sixty (60) days following the end of the Sweepstakes.