THERE IS NO PURCHASE OR OBLIGATION NECESSARY TO ENTER OR WIN.
The Sweepstakes begins on October 5, 2015 at 12:00:01 AM Eastern Time ("ET") and ends on January 11, 2016 at 11:59:59 PM ET (the "Sweepstakes Period"). You are responsible for knowing the time zone and date in your location. Proof of entry is not proof of receipt. Sponsor’s database computer is the official timekeeping device for the Sweepstakes.
VOID WHERE PROHIBITED OR RESTRICTED BY LAW. The Sweepstakes is open to worldwide EarPeace fans age eighteen (18) and older (or of the age of majority in their state of residence, whichever is older) who have an active e-mail account and Internet access. Employees of Sponsors and their parent companies, affiliates, subsidiaries, advertising, promotion, fulfillment or other coordinating agencies, individuals providing services to the Sponsors through an outsourcer or temporary employment agency during the Sweepstakes Period, and their respective immediate family members and persons living in their same household, are not eligible to participate in the Sweepstakes. Participation in the Sweepstakes constitutes entrant’s full and unconditional agreement to and acceptance of these Official Sweepstakes Rules (“Official Rules”).
During the Sweepstakes period you may enter online at www.earpeace.com/pages/giveaways (the “Sweepstakes Website”). Entries will be accepted only via the Sweepstakes Website, and you must provide a valid email address, which will be the primary means to communicate with you. You must also have an account with either Facebook or Twitter in order to complete your submission. To register an account with Facebook or Twitter, please visit www.facebook.com or www.twitter.com (respectively).
All Sweepstakes entries meeting the requirements of these Official Rules will be entered into the prize drawing, to be held on or around the Friday of each week at 5:00 PM ET during the Sweepstakes period (the “Drawing Date”). A computer program that randomly chooses Winners from all eligible entries received will conduct the drawing, and the random selection is final and binding.
LIMIT ONE PRIZE PER PERSON. One (1) prize (the “Prize”) will be awarded each week during the Sweepstakes Period consisting of the following item(s): one (1) RIVA Turbo X wireless Bluetooth speaker, either white or black, subject to availability on the day of drawing; and one (1) Turbo X Travel Bag.
The odds of winning a prize depend on the total number of eligible entries received. No cash or other substitution of prize will be made except as provided herein at the Sponsors’ sole discretion. The Sponsor reserves the right to substitute a prize for one of equal or greater value. The Sponsor will not replace any lost or stolen prizes and is not responsible for any lost, mutilated or stolen tickets, vouchers or certificates (if applicable).
Potential winners must continue to comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. Potential winners will be notified by e-mail within (5) business days of the Drawing Date. From the date of notification, please allow up to six (6) to eight (8) weeks for delivery of the Prize. If a potential winner cannot be contacted, is ineligible, fails to claim a prize and/or where applicable an affidavit of eligibility and publicity/liability release is not timely received, is incomplete or modified, such potential winner forfeits the Prize. In the event that the potential Prize winner is disqualified for any reason, the Sponsors’ will award the Prize to an alternate winner selected from remaining valid, eligible entries timely submitted. Only three (3) alternate winners will be selected after which the Prize will remain un-awarded. In the event of a dispute regarding the identity of a Prize winner, the entry will be deemed submitted by the Authorized Account Holder of the e-mail account specified in the entry. "Authorized Account Holder" is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. No automatically generated entries will be accepted.
The Sponsors are not responsible for (i) late, lost, delayed, damaged, postage-due, incomplete, illegible, misdirected or undeliverable entries, responses, or other correspondence, whether by e-mail or postal mail or otherwise; (ii) theft, destruction, unauthorized access to or alterations of entry materials; or (iii) phone, electrical, network, computer, hardware, software program or transmission malfunctions, failures or difficulties. By participating in the Sweepstakes, entrant acknowledges that entrant has read these Official Rules and any other terms and conditions, rules, guidelines or policies applicable to the Sweepstakes, and agrees to abide by them. By participating in the Sweepstakes, each entrant agrees to release, indemnify, defend and hold Sponsors and their parent, affiliates, subsidiaries, directors, officers, employees, sponsors, Non-Sponsors, Prize or manufacturing partners and agents, including advertising and Sweepstakes agencies, and assigns, and any other organizations related to the Sweepstakes (the “Released Parties”), harmless from any and all claims, injuries, damages, expenses or losses to person or property and/or liabilities of any nature that in any way arise from participation in the Sweepstakes or acceptance or use of the prize or parts thereof, including, without limitation, (i) any condition caused by events beyond Sponsors’ control that may cause the Sweepstakes to be disrupted; (ii) any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of the prize, or acceptance, possession, or use of the prize, or from participation in the Sweepstakes; and (iii) any printing or typographical errors in any materials associated with the Sweepstakes. IN NO EVENT WILL THE RELEASED PARTIES BE LIABLE TO ENTRANT FOR ANY DIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH ENTRANT’S PARTICIPATION IN THE SWEEPSTAKES, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. The Internal Revenue Service requires Form 1099-MISC to be issued and filed for each recipient who receives a prize/award if the annual aggregate is at least $600 or more. The total Approximate Retail Value (“ARV”) of each prize to be awarded in this Sweepstakes is $380 (USD). If the ARV exceeds the annual aggregate of $600, all winners who are USA residents will be required to complete and submit a W-9 form to receive any prize. The recipient is responsible for any income tax liability and should consult his/her tax advisor for the proper tax treatment of this income on his/her tax return.
By entering this Sweepstakes, you hereby swear and affirm that: (i) you are a legal resident of the United States, the District of Columbia, or one of the countries where this Sweepstakes is not prohibited or restricted by law; (ii) you are at least 18 years old (or of the age of majority in my state of residence, whichever is older); and (iii) you are not an employee, officer, director, immediate family member of an employee (spouse, parent, sibling, child or one of their spouses or in-laws) or a person living in the same household of such individuals of EarPeace, its prize partner(s) and each of their respective parents, affiliates and subsidiaries, advertising, promotion, development and fulfillment agencies, or any entity involved in the design and implementation of the Sweepstakes.
Without additional compensation, you give permission irrevocably and in perpetuity to Sponsor to use, adapt, edit, reproduce, distribute, display and publicly perform my name, likeness (including, without limitation, aural and visual likenesses of me), biographical data, statements, and any other related information, in whole or in part, throughout the world, for any purpose.
You hereby release, acquit, forgive, and discharge EarPeace, its prize partners and their respective parents, subsidiaries and affiliated companies, advertising and promotion agencies, entities involved in the design and implementation of the Sweepstakes and their respective officers, directors, employees, representatives and agents (collectively “Releasees”) from any and all actions, claims, demands, suits, agreements, judgements, liabilities, and proceedings, whether in equity or in law, arising from participation and entry in the Sweepstakes, acceptance or use of a prize or any event related thereto, including, without limitation, claims based on property damage, personal injury and/or death, publicity rights, defamation or invasion of privacy. These grants and releases shall remain binding upon all of your successors-in-interest and personal representatives.
You acknowledge that you will be solely responsible for the payment of all taxes (including, without limitation, income taxes), and other costs or fees of any kind whatsoever payable in connection with the receipt or use of any Prize from Sponsor. You acknowledge that Sponsor may be entitled to (i) deduct and withhold the amount of any applicable taxes from the Prize in compliance with applicable laws and (ii) prepare and furnish any return, report or other written statement relating to taxes as required by any applicable law. If applicable, you agree to provide Sponsor with a properly executed and completed Internal Revenue Service Form W-9 and such other forms, documents and information that Sponsor may reasonably request to comply with all applicable laws and tax reporting and withholding obligations.
Except where prohibited, by participating in the Sweepstakes and/or winning any prize, entrant/winner consents to the use of his/her name, photo and/or likeness, biographical information, entry and statements attributed to entrant/winner (if true) for advertising and promotional purposes, including without limitation, inclusion in Sponsor’s newsletters, and the Sponsors’ websites, without additional compensation. Sponsor reserves the right, in its sole discretion, to disqualify any person or entrant it reasonably suspects has attempted to undermine the legitimate operation of the Sweepstakes by cheating, deception, or other unfair practices, or has tampered with any of Sponsor’s websites, the entry process, or has violated these terms and conditions, or has acted in an unsportsmanlike or disruptive manner, or who annoys, abuses, threatens, or harasses Sponsor, its agents, its assigns or any other entrant. Sponsor also reserves the right, in its sole discretion, to cancel, modify or suspend the Sweepstakes in whole or in part, in the event of fraud, technical or other difficulties or if the integrity of the Sweepstakes are compromised, without liability to the entrant. Sponsor reserves the right to disqualify any entrant or winner, as determined by the Sponsor, in its sole discretion. The Sweepstakes are subject to these Official Rules and all applicable federal, state, provincial and local laws and regulations apply. As stated above, the Sweepstakes is void where prohibited or restricted by law. By participating in the Sweepstakes, you acknowledge that you have read these Official Rules and agree to abide by them and by the decisions of the Sponsors, which are final and binding on all matters pertaining to the Sweepstakes. No representation or warranty, written or oral, express or implied, in law or in fact is made for any prize by Sponsor, the only warranty being the manufacturer’s written warranty provided with each Prize. The failure of Sponsor to enforce any provision of these Terms and Conditions shall not constitute a waiver of such provision.
The Sweepstakes and the rights and obligations of all entrants shall be governed by and construed in accordance with the laws of the District of Columbia. The District of Columbia courts (state and federal) have sole jurisdiction of any controversies regarding the Sweepstakes, excluding rules governing choice of laws, and all entrants agree to waive any objections to jurisdiction and venue in those courts and hereby submit to the jurisdiction of those courts. Should any provision of these Official Rules be held to be void, invalid, unenforceable, or illegal by a proper legal authority, the validity and enforceability of the other provisions shall not be affected.
For a list of the Prize winners, which will be available seven (7) days after the announcement of the winner, send your request specifying the Sweepstakes name and a stamped, self-addressed envelope to Prize Winners, EarPeace, 1615 Kenyon St. #58, Washington, DC 20010 within sixty (60) days of the last day of the Sweepstakes Period. For a copy of these Official Rules, send a legal-size, self-addressed, stamped envelope to Sweepstakes Rules, EarPeace, 1615 Kenyon St. #58, Washington, DC 20010 prior to the end of the Sweepstakes Period. Vermont residents may omit return postage with Official Rules requests.
The Sponsor for this Sweepstakes is Licito, LLC. d/b/a EarPeace, 1615 Kenyon St. #58, Washington, DC 20010. The Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Facebook or Twitter.
The Sweepstakes is not sponsored, endorsed, administered by, or associated with Non-Sponsors, and Non-Sponsors do not endorse the products or services of Sponsor or Sweepstakes prizes.