NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE OR PAYMENT WILL NOT IMPROVE THE CHANCES OF WINNING.
The "Beats Sweepstakes" Giveaway (the "Sweepstakes") is intended for legal residents of the 50 United States of America (USA) only and shall only be construed and evaluated according to U.S. law. Do not enter this Sweepstakes if you are not located in the USA at the time of entry.
SPONSOR/ADMINISTRATOR: The Sweepstakes is sponsored by Group USA, 25 Enterprise Ave., North Secaucus, NJ 07094 (the "Sponsor") and administered by American Sweepstakes & Promotion Co., Inc., 300 State St. Suite 402 Rochester, NY 14614 (the "Administrator").
ELIGIBILITY: The Sweepstakes is open and offered only to legal residents of the 50 United States, D.C., who have reached the age of majority in his or her state of residence at the time of entry (the "Entrants"). Employees, officers and representatives of the Sponsor, the Administrator, their respective subsidiaries, affiliates, authorized agents, sales representatives, distributors, advertising and promotional agencies, and members of the immediate families (defined as including spouse, biological, adoptive and step-parents, grandparents, siblings, children and grandchildren, and each of their respective spouses, regardless of where they reside) or households (whether related or not) of any of the above are NOT eligible to participate in this Sweepstakes. Non-eligibility or non-compliance with any of these Official Rules will result in disqualification. Void where prohibited or restricted by law.
AGREEMENT TO OFFICIAL RULES: By participating, Entrants agree to abide by and be bound by these Official Rules and the decisions of the Administrator, which shall be final and binding in all matters relating to the Sweepstakes. Winning a Prize (as defined below) is contingent upon fulfilling all requirements set forth herein.
HOW TO ENTER: The Sweepstakes begins on August 15, 2014 ends on September 1, 2014 ("Sweepstakes Period"). Eligible persons may enter in one of two (2) ways, as follows:
NOTE: Entrants who enter the Sweepstakes by text-messaging will be charged according to their carriers' standard messaging and data rates, and Entrants should contact their carriers for pricing details. Check your owners' manual for specific text-messaging instructions. Text-messaging may not be available through all wireless carriers.
2. Via Mail - During the Sweepstakes Period, eligible Entrants can obtain one (1) Sweepstakes entry by legible hand-printing, on a 3"x 5" card or paper, their full name, complete mailing address, phone number, date of birth, and e-mail address, and mailing the card in an envelope, with proper postage affixed, to: Group USA, 90 Rockwood Place, Rochester, NY 14610. All entries must be postmarked by September 1, 2014, and received by September 5, 2014.
GENERAL CONDITIONS: If, for any reason, this Sweepstakes cannot be executed as planned, including but not limited to tampering, unauthorized intervention, fraud, or any other causes beyond the control of Sponsor that corrupt or affect the security, administration, fairness, integrity or proper conduct of this Sweepstakes, or if this Sweepstakes is compromised or becomes corrupted in any way, Sponsor reserves the right, in its sole discretion, to suspend or terminate the Sweepstakes. If the Sweepstakes is terminated before the stated end date of the Sweepstakes Period, the Sponsor will select the Winners from among all eligible, non-suspect entries received through both entry methods combined as of the time/date of termination. Sponsor reserves the right, at its sole discretion, to disqualify any individual deemed to be tampering or attempting to tamper with the entry process or the operation of the Sweepstakes, or acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner.
CAUTION: ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO DISQUALIFY AND SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Failure by the Sponsor to enforce any provision of these Official Rules shall not constitute a waiver of that provision.
RELEASE AND LIMITATIONS OF LIABILITY: By participating in the Sweepstakes, Entrants hereby waive, release and agree to hold harmless the Released Parties from and against any and all rights, claims and causes of action whatsoever that may arise against any of them for any liability for any matter, cause or thing whatsoever, including but not limited to any injury, loss, damage, whether direct, compensatory, incidental or consequential, to person, including death, and/or property, arising in whole or in part, directly or indirectly, from their participation in this Sweepstakes, or their acceptance, possession, use or misuse of any prize (if applicable). By acceptance of a prize, the Prize Winners acknowledge that the Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to such prize.
DRAWING AND NOTIFICATION OF POTENTIAL WINNERS: The potential Prize Winners will be selected in one (1) random drawing from among all eligible entries received in accordance with these Official Rules through both entry methods combined. The drawing will be conducted by the Administrator on or about September 7, 2014. The Grand Prize Winner will be contacted by the Sponsor via phone, postal mail or email. The First Prize Winners will each be contacted by the Sponsor via postal mail or email. Odds of winning a Prize will depend on the total number of eligible entries received through both entry methods combined during the Sweepstakes Period.
PRIZES: One (1) Grand Prize and two (2) First Prizes will be awarded. The Grand Prize Winner will receive a $250 Camille La Vie Gift Card plus Beats by Dre Headphones. Prize package has an approximate retail value ("ARV") $530. Each First Prize Winner will receive a $150 Camille La Vie Gift Card. Total â€“ ARV of all prizes in this Sweepstakes: $830. The prizes consist only of the item described above. Any costs associated with the use of the prizes that are not expressly described as being included with the prizes are the Winners' sole responsibility. The value of the prizes set forth above represents Sponsor's good faith determination of the ARV thereof and such determination is final and binding and cannot be appealed. If the actual value of the prize turns out to be less than the stated ARV, the difference will not be awarded in cash or in any other form. THE PRIZE WINNERS WILL NOT HAVE THE RIGHT TO SUBSTITUTE ANOTHER PRIZE PACKAGE. The Sponsor reserves the right at its sole discretion to substitute a prize with another prize of equal or greater value.
PRIZE CONDITIONS: The Prize Winners are responsible for all local, state, and federal taxes associated with the receipt of a Prize. If a prize or prize notification is returned as unclaimed or undeliverable to a potential Prize Winner, if potential Prize Winner cannot be reached within three (3) calendar days from the first notification attempt, or if a potential Prize Winner is not in compliance with these Official Rules, such then such person shall be disqualified and an alternate Prize Winner will be selected for the prize at issue at random from the remaining entries.
MISCELLANEOUS: By accepting the a Prize, where permitted by law, the Prize Winners grant to the Released Parties and those acting pursuant to the authority of Sponsor and the Released Parties (which grant will be confirmed in writing upon Sponsor's request), the right to print, publish, broadcast and use worldwide IN ALL MEDIA without limitation at any time a Prize Winner's full name, portrait, picture, voice, likeness and/or biographical information for advertising, trade and promotional purposes without further payment or additional consideration, and without review, approval or notification. IN NO EVENT WILL RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND (INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES) ARISING OUT OF PARTICIPATION IN THIS SWEEPSTAKES OR THE ACCEPTANCE, POSSESSION, USE, OR MISUSE OF, OR ANY HARM RESULTING FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF THE PRIZES. By participating, Entrants release and agree to hold harmless the Released Parties from any and all liability for any injuries, death or losses or damages to persons or property AS WELL AS CLAIMS/ACTIONS BASED ON PUBLICITY RIGHTS, DEFAMATION, AND/OR INVASION OF PRIVACY that may arise from participating in this Sweepstakes or its related activities or the acceptance, possession, use or misuse of, or any harm resulting from the acceptance, possession, use or misuse of the Prize(s). The Prize Winners also acknowledge that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to the Prize(s).
DISPUTES: By entering the Sweepstakes, entrants agree that 1.) Any and all disputes, claims, and causes of action arising out of or connected with the Sweepstakes, or any prizes awarded, shall be resolved individually, without resort to any form of class action; 2.) 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 attorneys' fees; and 3.) Under no circumstances will any entrant be permitted to obtain any award for, and entrant hereby waives all rights to claim, punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrants and Sponsor or the Released Parties in connection with the Sweepstakes, shall be governed by, and construed in accordance with United States law. Any legal proceedings arising out of this Sweepstakes or relating to these Official Rules shall be instituted only in the federal or state courts of New Jersey, and the parties consent to jurisdiction therein with respect to any legal proceedings or disputes of whatever nature arising under or relating to these Official Rules. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. The value of the prize set forth above represents Sponsor's good faith determinations of the ARV thereof and such determinations are final and binding and cannot be appealed. If the actual value of any prize turns out to be less than the stated ARV, the difference will not be awarded in cash.
WINNERS LIST: To obtain the first name and last initial and State of Residence of the winner, please send a self-addressed, stamped business size envelope, by October 31, 2014, to: ASC/Group USA "Beats Sweepstakes" Giveaway Winners List Request, 300 State Street, Suite 402, Rochester, NY 14614. Residents of Vermont may omit return postage.