Acme Made® iPad™ Giveaway Official Rules
NO PURCHASE NECESSARY TO ENTER OR WIN.
ELIGIBILITY: OPEN TO ALL INDIVIDUALS WHO ARE OF LEGAL AGE OF MAJORITY IN THEIR JURISDICTION OF RESIDENCE WHO ARE PARTICIPATING IN THE ACME MADE FAN, FOLLOW, SUBSCRIBE AND RETWEET IPAD GIVEAWAY.RESIDENTS OF ITALY, SPAIN, THE PROVINCE OF QUEBEC, AUSTRALIA, BELGIUM, FRANCE, MALAYSIA, THE NETHERLANDS, NORWAY, AND SWEDEN, AND ANY COUNTRY CURRENTLY EMBARGOED BY THE UNITED STATES ARE NOT ELIGIBLE TO PARTICIPATE IN THE GIVEAWAY AND THE GIVEAWAY IS VOID IN THESE JURISDICTIONS AND WHERE PROHIBITED. The list of United States embargoed countries is located at http://www.pmddtc.state.gov/embargoed_countries/index.html. Employees of DayMen Photo Marketing LP (“Sponsor”), its parent, subsidiaries, affiliates, advertising and promotion agencies, and members of their immediate family (spouse and parent, children and siblings and their respective spouses, regardless of where they reside) and persons living in the same household, whether or not related, of such employees, are not eligible to enter or win. Sponsor will determine eligibility in its sole and absolute discretion. By participating, entrants agree to be bound by these Official Rules and the decisions of the Sponsor, which are binding and final on matters relating to this Giveaway.
TO ENTER: Between 12:01 a.m. Pacific Standard Time (“PST”) on April 15, 2010 and 11:59 p.m. PST on June 15, 2010 (the “Entry Period”), do one or more of the following:
All entries must be received by 11:59 p.m. PST on June 15, 2010 to be eligible. For methods 1, 2 and 3 listed above, limit one entry per FaceBook, Twitter or email account. Multiple entries received from any person, email, Twitter or Facebook account after the first entry received from that person, email address, Twitter or Facebook account will be void. For method 4, multiple entries are allowed and each entry will be counted towards the giveaway. Retweets generated by script, macro or other automated means or by any means which subvert the entry process are void. All entries become the property of Sponsor and will not be acknowledged or returned.
Drawing: Potential winner will be selected in a random drawing held on or about June 25, 2010 from all eligible entries received. Odds of winning depend on the number of eligible entries received. Potential winner will be notified by mail, phone, e-mail, Facebook and/or Twitter and may be required to execute and return an affidavit of eligibility (or, declaration or certificate, as applicable), a liability release and, where lawful, a publicity release within fourteen (14) days of date of issuance. If such documents are not returned within the specified time period, prize notification is returned as undeliverable or potential winner is not in compliance with these rules, prize will be forfeited and, at Sponsor’s discretion, an alternate winner selected. If winner is a resident of Canada, he/she will be required to answer a time-limited mathematical skill-testing question. Failure to answer the question correctly (as determined by Sponsor in its sole discretion) or within the time period provided will result in disqualification and, at Sponsor’s discretion, an alternate winner may be selected.
PRIZE: Apple® iPad. Approximate Retail Value (“ARV”) of prize package is US$499. Prize is awarded “as is” with no warranty or guarantee, either express or implied by Sponsor. Winner may not substitute, assign or transfer prize or redeem prize for cash, but Sponsor reserves the right, at its sole discretion, to substitute prize (or portion thereof) with one of comparable or greater value. Winner is responsible for all applicable federal, state and local taxes (including income and withholding taxes, as applicable), as well as any other costs and expenses associated with prize acceptance and use not specified herein as being provided. All prize details are at Sponsor’s sole discretion.
GENERAL CONDITIONS: Except where prohibited by law and to the extent that the negative consequences described below are the foreseeable result of matters within the Released Parties’ (as defined below) reasonable control and are the direct consequence of negligence or default by any of them, Released Parties are not responsible for (i) lost, late, incomplete, inaccurate, stolen, misdirected, undelivered or garbled registrations, entries or email; or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Giveaway, including, without limitation, errors or difficulties which may occur in connection with the administration of the Giveaway, the processing of entries, the announcement of the prizes or in any Giveaway-related materials; (ii) any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Giveaway; or (iii) injury or damage to participants' or to any other person's computer related to or resulting from participating in this Giveaway or downloading materials from or use of the website. Persons who tamper with or abuse any aspect of the Giveaway or website or who are in violation of these Official Rules, as solely determined by Sponsor, will be disqualified and all associated entries will be void. Sponsor reserves the right at its sole discretion to suspend, modify or terminate the Giveaway for any reason, including, but not limited to, should any portion of the Giveaway be, in Sponsor’s sole opinion, compromised by virus, worms, bugs, non-authorized human intervention or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play, or submission of entries. If terminated, Sponsor may, at its discretion, select the potential winner from all eligible, non-suspect entries received prior to action taken or as otherwise deemed fair and appropriate by Sponsor. In the event of a dispute regarding entries received from multiple users having the same e-mail account, the authorized subscriber of the e-mail account at the time of entry will be deemed to be the entrant and must comply with these rules. Authorized account subscriber is the natural person who is assigned the e-mail address by the Internet Service Provider (ISP), on-line service provider, or other organization responsible for assigning e-mail addresses.
RELEASE OF LIABILITY: Except to the extent that any personal injury or death is caused by the Released Parties’ negligence or breach of these Official Rules and to the maximum extent permitted by applicable law, entrants, by participating, agree that Sponsor, its parent, affiliates, subsidiaries and advertising and promotion agencies and all of their respective officers, directors, employees, representatives and agents (collectively, “Released Parties”) will have no liability whatsoever for, and shall be held harmless by entrants against, any liability, for any injuries, losses or damages of any kind, to persons, or property resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any prize or participation in this Giveaway.
GRANT OF PUBLICITY: Each winner, by acceptance of prize, except where legally prohibited and to the extent permitted by applicable law, grants permission for Sponsor and its designees to use his/her name, address (city and state), photograph, voice and/or other likeness and prize information for advertising, trade and promotional purposes without further compensation, in all media now known or hereafter discovered, worldwide for the duration of the rights, without notice or review or approval.
CHOICE OF LAW: This Giveaway is governed by United States law and is subject to all applicable federal, state, provincial and local laws (with the exception of Brazil). Any and all legal actions or claims arising in connection with this Giveaway must be brought in a court of competent jurisdiction in the County of Sonoma, in the State of California.
SEVERABILITY/COUNTRY SPECIFIC NOTICES: If any provision(s) of these Official Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect. In addition to the tax liability disclosures in these rules, winner is subject to abide by the income reporting and, if applicable, the payment of any taxes due per the laws, rules and regulations of the winner’s country of residence.
MEXICAN RESIDENTS: By entering, entrants from Mexico hereby expressly agree and accept that for all that is related to the interpretation, performance and enforcement of this Official Rules, each of them expressly submit themselves to the laws of the United States of America and to the jurisdiction of the competent courts in the County of Sonoma, in the State of California, expressly waiving to any other jurisdiction that could correspond to them by virtue of their present or future domicile or by virtue of any other cause.
WINNER’S NAME: For the name of the winner (available after June 25, 2010), send a self-addressed stamped envelope to: Acme Made iPad Giveaway, 1003 Gravenstein Highway North, Suite 200, Sebastopol, CA 95472, for receipt no later than July 10, 2010. Residents outside the U.S. may omit return postage.
SPONSOR: DayMen Photo Marketing LP, 1003 Gravenstein Highway North, Suite 200, Sebastopol, CA 95472.
Apple, Inc is not a sponsor, and does not endorse nor is affiliated with this Giveaway.
iPad is a trademark of Apple, Inc.