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AMP Giveaway Contest
1. SPONSOR; ADMINISTRATOR: This promotion (the “Contest”) is sponsored by FUTURE US, INC., 4000 Shoreline Court, Suite 400, South San Francisco, CA 94080” (“Sponsor(s)”), subject to the following terms and conditions. The prize(s) are supplied by [AMP Energy. AMP Energy Drinks, 1 Pepsi Way, Somers, NY 10589 (“Prize Supplier(s)”). Contest is being administered by Future US, Inc. (“Future US”), 4000 Shoreline Court, Suite 400, South San Francisco, CA 94080, +1 (650) 872-1642.
2. ELIGIBILITY: Contest is open to legal residents of the fifty (50) United States and District of Columbia (excluding Arizona, Rhode Island. Guam, Puerto Rico, the U.S. Virgin Islands, U.S. military installations in foreign countries, or in any other U.S. territories or possessions); Canada (excluding the province of Quebec); and the United Kingdom. Void where prohibited by law. Entrants must have attained the age of majority in their state and country of residence and citizenship (usually at least eighteen (18) years of age) at time of entry, and possess a valid form of unexpired government-issued photo identification. Employees of Sponsor(s), its/their respective parents, subsidiaries, affiliated companies, advertising, promotion, or production agencies, any companies who are promotional participants or prize providers, web masters and web suppliers, and the foregoing employees’ household or immediate family members (defined as parent, spouse, child, sibling, or grandparent) are NOT eligible to enter Contest. By their submission of entry, entrants warrant they are legally entitled and authorized to make such submission, either on their own behalf, or as to information submitted upon the express authorization of another on whose behalf the information is submitted. In the event of a dispute as to the winner’s identity for online entries received from multiple users having the same email account, entries will be deemed made by the authorized subscriber of the mail account associated with the entry. The authorized account subscriber is the natural person who is assigned the email address by the internet service provider (ISP), on-line service provider, or other organization responsible for assigning email addresses. Invalid or ineligible entries shall be excluded from consideration.
3. TIMING: Contest begins at [START TIME: “[5:00p.m.]”] Pacific time on [START DATE: “[07/26/2013]”] and ends at [END TIME: “[5:00 p.m.]”] Pacific time on [END DATE: “[07/29/2013]”]. Future US’ computer will be the official time clock for the Contest. Online entries must be received by Future US by [END TIME: “[5:00 p.m]”] Pacific time on [END DATE: “[07/29/2013]”] to be eligible.
4. HOW TO ENTER: Submit one (1) comment on the article with your funniest and most creative caption to our selected image, at http://www.gamesradar.com/amp-ipad-giveaway/. No team entries and no corporate or institutional entries are permitted in Contest.
Limit one entry per person. No purchase necessary or payment necessary to enter or win.
5. ORIGINAL WORKS. You hereby warrant and represent that (a) you own all rights to all materials that you submit to Sponsor(s) in connection with Contest (“Entry Materials”); (b) you have never submitted Entry Materials in another contest; and (c) all such Entry Materials are original works or authorship on your part and have not been copied, in whole or in part, from any other work and do not violate, misappropriate or infringe any copyright, trademark or other proprietary right or any privacy right of any other person or entity.
6. PRIZES AND ODDS:
Grand prize consists of 1 iPad 4 WiFi 16GB - $1380, 1 Signed Dale Jr. AMP Energy Hat - $50, 1 AMP Energy thermal long-sleeve shirt - $45 (“Prize”). And 1 Runner up winner that will receive: 1 Dale Jr/AMP Energy Hat (unsigned) - $25, 1 Dale Jr 2012 Impala 1:64 Scale Stock Car collectible - $7, 1 AMP Energy/Dale Jr. t-shirt - $25. Prize must be delivered to address listed on Winner’s entry, and delivery may six to eight weeks.
The odds of winning will be determined by the number of eligible entries received.
Prizes cannot be transferred, assigned, substituted, or redeemed for cash, and must be accepted as awarded, but Sponsor(s) reserve the right to substitute any prize with a prize of equal or greater value should the advertised prize become unavailable for any reason. Prizes will not be fulfilled outside the United States, Canada, and United Kingdom; will not be fulfilled in Arizona, Rhode Island, Guam, Puerto Rico, the U.S. Virgin Islands, U.S. military installations in foreign countries, or in any other U.S. territories or possessions; will not be fulfilled in the province of Quebec; and will not be fulfilled where prohibited or restricted by law. Winners will be responsible for all taxes (federal, state/provincial, and local) and all expenses not listed herein related to acceptance and use of any prize. Any person residing in the United States and any United States citizen living abroad, who wins $600 or more worth of prizes from Sponsor(s) in a calendar year will receive an IRS form 1099 after the end of the calendar year in which the prizes were awarded, and copy of such form will be filed with the Internal Revenue Service (IRS).
Limit one Prize per person.
7. JUDGING: (1) grand prize winner and 1 (1) runner-up”)] will be selected by a judging panel comprised of [the editorial staff of GamesRadar website (“Judges”) who will evaluate all valid eligible entries received based on the following criteria: “equal parts creativity, humor and cleverness. Judging will be completed by [JUDGING DEADLINE“[06/23/2013]”]. Sponsor(s)’ decisions on all matters related to Contest, including Judges’ selections of winning entries, shall be final and binding and within their sole discretion. Winning is contingent upon compliance with all terms and conditions set forth in these official rules; any entry or any potential winner identified thereby found at any time to fail to comply with these official rules will be held invalid and ineligible for award.
Each Winner will be notified by email] by: 06/24/2013]. Each Winner so notified must within three (3) business days of notice of prize award, complete, execute and return the provided Affidavit, Waiver, Release and Indemnity Agreement including, where lawful, a Publicity Release (plus any additional documents required at the discretion of Sponsor(s)). Failure to comply with the requirements of this paragraph (or the return of any prize or prize notification as non-deliverable) may result in disqualification and in the forfeiture of any right to a prize.
To obtain any legally-required winners list, send a self-addressed envelope with sufficient prepaid postage to:Future US, Inc., 4000 Shoreline Court, Suite 400, South San Francisco, CA 94080. (Residents of Vermont do not have to include return postage.)
9. FUTURE US’ USE OF ENTRIES. You hereby grant Future US a perpetual, non-exclusive, worldwide license and right to utilize the Entry Materials you submit in connection with Contest. The Entry Materials become the property of Future US and will not be acknowledged or returned. Without limiting the generality of the foregoing, you acknowledge that Future US shall have the right to use, modify, reproduce, publish, perform, display on all forms of media, distribute, make derivative works of, sublicense, and otherwise commercially and non-commercially exploit the Entry Materials in perpetuity and throughout the universe, in any manner or medium now existing or hereafter developed, without separate compensation to you or any other person or entity. You agree to take, at Future US’ expense, any further action (including, without limitation, execution of affidavits and other documents) reasonably requested by Future US to effect, perform or confirm Future US’ rights as set forth in this paragraph.
By participating in the Contest and/or accepting a prize, an entrant/winner agrees to defend, release and hold harmless the Sponsor(s) and their respective parents, subsidiaries, affiliates, divisions, advertising, production and promotion agencies, any companies who are promotional participants or prize providers, web masters and web suppliers, and the foregoing companies’ officers, directors, shareholders, employees, representatives and agents (collectively “Releasees”) from and against any actions, claims and/or liability for injury, loss or damage of any kind to persons, including death, or property (including the violation or infringement of any proprietary or personal right of any individual or entity) resulting in whole or in part, directly or indirectly, from participation in the Contest, and/or the use, acceptance, or possession of a Contest prize, and/or participation in a Contest prize-related activity, including any action, claim or liability arising from the unauthorized submission of any information, and/or for any printing, production, technical, typographical, human or other error in the printing, offering or announcement of any prize.
By participating in the Contest and/or accepting a prize, an entrant/winner consents to and gives the Sponsor(s) the right to use, publish, and display a winner’s (and where applicable an entrant’s) name, likeness, city and state, and prize awarded, for the purpose of advertising, trade, publicity and promotional purposes in any media now known or hereafter discovered, worldwide, and on the Web, in perpetuity, without review, notification or approval, and without additional consideration, unless prohibited by law.
12. LIMITATIONS OF LIABILITY:
Entrants agree that by participating in the Contest they release the Releasees from any liability in connection with: (a) Entries that are ineligible as a result of being lost, late, illegible, damaged, incomplete, inaccurate, delayed, unintelligible, non-delivered, stolen, postage due, or misdirected, or the failure to capture any such information; (b) Any typographical or other human or technical errors in the offer or administration of the Contest, including but not limited to errors in advertising, these official rules, the selection and announcement of a winner(s), or the distribution/awarding of a prize(s); (c) Any omission, interruption, deletion, defect, delay, misdirection, damage, availability, accessibility, miscommunications, injury, technical malfunctions or traffic congestion on the Internet/telephone network, or at any website, satellite, computer, telephone, cellular or cable transmissions or lines, or any combination thereof; (d) The unauthorized access to, or alteration of, entries; (e) Jumbled, scrambled, delayed, or misdirected transmissions, computer hardware or software malfunctions, failures or difficulties, or for any other errors of any kind, whether human, technical, mechanical, electronic or network, including, without limitation, any errors which may occur in connection with the administration of the Contest or in any Contest-related materials; and (f) Damage to en entrant or other person’s system or equipment occasioned by participation in this Contest or downloading materials from the Contest website, or any combination thereof. Persons who tamper with or abuse any aspect of the Contest or website, as solely determined by the Sponsor, will be disqualified (and all associated entries will be void), and Sponsor(s) reserve the right to terminate such entrant’s eligibility to participate in this or any other promotion offered by Sponsor. Entries generated by robotic, programmed, script, macro or other automated means or by any means which subvert the entry process will be disqualified.
Sponsor(s) reserve the right to modify these rules for clarification purposes without materially affecting the term and conditions of the Contest. In the event that the Contest is infected by a computer virus/worm/bug, or is not capable of running or being executed as planned (as a result of but not limited to an error, omission, defect, delay, misdirection, tampering, unauthorized intervention, fraud, action of entrants, or technical failure) or any other cause which in the sole opinion of Sponsor(s) corrupts or affects the administration, security, fairness, integrity, or proper conduct of the Contest, Sponsor(s) reserves the right in their sole discretion to disqualify any suspect entry or entrant and to cancel, terminate, modify or suspend the Contest. In the event of such cancellation, termination, modification or suspension, notice thereof will be posted at the entry website(s) mentioned above, and winner(s) will be determined solely by Sponsor(s) from among all eligible non-suspect and/or non-disqualified entries prior to action taken or as otherwise deemed fair and appropriate by Sponsor(s). In such event, Releasees shall have no liability to any entrant who is disqualified due to such an action. Failure to enforce any term of these official rules shall not constitute a waiver of that provision.
IN NO EVENT WILL THE RELEASEES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE WEBSITE OR DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM THE ENTRY WEBSITE(S) MENTIONED ABOVE, OR ANY OTHER WEBSITE ASSOCIATED WITH SPONSOR(S). WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE ENTRY WEBSITE(S) IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
13. LAW: Subject to all federal, state, and local laws and regulations. Void where prohibited or restricted. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of entrants or Sponsor(s) in connection with any drawing or award, shall be governed by, and construed in accordance with the laws of, the State of California, without regard to conflict of law principles. Any cause of action by you with respect to the offer (and/or any information, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in above. The language in these official rules shall be interpreted as in accordance with its fair meaning and not strictly for or against either party. All legal proceedings arising out of or in connection with the offer of these official rules shall be brought solely in San Mateo County, California. You expressly submit to the exclusive jurisdiction of said courts and consent to extraterritorial service of process.
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