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VOID WHERE PROHIBITED BY LAW
HOW TO ENTER: The “Back to School Nitro-Booster by Nespresso!” (the “Contest”) begins on Wednesday, August 22, 2012 at 12:01 A.M. (Los Angeles Time) and ends on Wednesday, September 4, 2012 at 11:59 P.M. (Los Angeles Time) (the “Entry Period”). Any person who, during the Entry Period, enters the contest through the Offerpop tab is automatically entered into the Contest. Any other attempt at entry is void. There is a limit of one (1) entry per person during the Entry Period. All entries must be received by Wednesday, September 4, 2012 at 11:59 P.M. (Los Angeles Time).
ELIGIBILITY: Only legal residents of the United States who are 18 years of age or older as of August 21, 2012 and are not residents of New York or Florida are eligible to enter the Contest and win the prize.
PRIZE/ODDS OF WINNING: One (1) entrant will be selected as the winner and will receive the Nepresso Citiz with Aeroccino featured on the giveaway page. The retail value of the prize is approximately $300.00. Prizes are not transferable, assignable or redeemable for cash. No substitution for the prize by a winner will be allowed. All expenses and taxes not specifically mentioned herein are the sole responsibility of the winner.
The prize awarded is subject to the restrictions and limitations noted in these Official Rules, on the prize and/or included with the prize and the winner must abide by all such limitations and restrictions, including expiration dates. No substitutions or cash equivalents of the prize (or portion thereof) is permitted except at the sole discretion of Sponsor who reserves the right to substitute the prize (or portion thereof) with one of comparable or greater value at its sole discretion. The winner agrees to accept the prize “as is.” Odds of winning the prize depend on the number of eligible entries received.
SELECTION AND NOTIFICATION: The winner will be selected on or about September 7, 2012 from all eligible and qualified entries received in accordance with these Official Rules. The winner will be notified via email and will be required to submit a name and mailing address for delivery of the prize. If the winner cannot be reached after a reasonable effort has been exerted, or if he/she is found to be ineligible, or if he/she cannot or does not comply with these Official Rules, the winner may be disqualified and an alternate winner may be selected.
GENERAL CONDITIONS: The winner is solely responsible for all taxes relating to his or her prize including applicable sales and income taxes. To the extent applicable, any forms required by the appropriate taxing authority must be completed prior to delivery of the prize. The winner may be required to execute an Affidavit of Eligibility, a Liability Release and (where legal) a Publicity Release (“Affidavit/Release”) and provide a valid photo identification (i.e., driver’s license, US passport). To the extent applicable, return of prize notification as undeliverable will result in disqualification.
Except where prohibited by law, by accepting his or her prize the winner grants Sponsor, prize suppliers and their respective partners, licensees, parents, subsidiaries, affiliates, assigns, related companies and successors, and all of their respective officers, directors, employees, representatives, attorneys and agents (collectively, the “Sponsor Entities”) the universal and perpetual right and license to use, exploit, print, publish, reproduce, display, distribute and broadcast, and to grant others the right and license to use, exploit, print, publish, reproduce, display, distribute and broadcast the Response Recipe and the winner’s name, actual or simulated likeness, photograph, image, voice, portrait, picture, personal characteristics, biographical information and other personal identification in any and all languages, formats, and media now known and hereafter developed, in connection with the Contest and/or any Contest-related activity and any and all advertising, promotion, marketing, and/or publicity thereof, including all ancillary and subsidiary rights therein, without additional consideration. By accepting the prize, the winner represents and warrants that the winner has the authority to grant to Sponsor Entities such license.
Sponsor, in its sole discretion, reserves the right to disqualify any person tampering with the entry process or, as applicable, the operation of Sponsor’s website or who is otherwise in violation of these Official Rules. Such a person will be prosecuted to the fullest extent of the law. Sponsor further reserves the right to cancel, terminate, suspend or modify any contest, game or drawing not capable of completion as planned, including because of infection by computer virus, bugs, tampering, unauthorized intervention or technical or other failures of any sort, or any other causes beyond the control of Sponsor.
DISCLAIMERS: Sponsor Entities are not responsible for lost, late, damaged, incomplete, stolen, illegible, misdirected, deleted, destroyed or altered entries; or for any mail, computer, telephone, cable, network, electronic or Internet hardware or software malfunctions, failures, errors, interruptions, deletions, defects, delays, connections, availability or garbled or jumbled transmissions, service provider/Internet/net accessibility or availability, traffic congestion, or unauthorized human intervention, as applicable. Sponsor Entities are not responsible for any incorrect or inaccurate information.
By participating, entrants on behalf of themselves and their heirs, executors, administrators, successors and assigns hereby knowingly and voluntarily release, discharge, waive and relinquish, and agree that they will not assert or maintain against the Sponsor Entities, those involved in the development, production (including prize suppliers, contractors, service providers), implementation and distribution of this Contest, and their designated agents and any other person or entity associated with such entities and/or this Contest, and any of their respective officers, directors, employees, representatives, attorneys, or agents (collectively, “Sponsors’ Companies”), any claim, action, suit or demand of any kind or nature whatsoever, whether known or unknown now or in the future, directly or indirectly, in whole or in part, arising out of or in connection with their participation in this Contest or any Contest-related activity, or their acceptance, possession, use or misuse of any prize in any way (including any tax liabilities). Entrants hereby further agree that Sponsors’ Companies are not responsible or liable for, and that entrants will indemnify, defend, release, and hold Sponsors’ Companies harmless from and against, any and all claims, liabilities, losses, damages, injuries, costs and expenses (including, without limitation, reasonable attorney’s fees) of any nature whatsoever whether known or unknown now or in the future, directly or indirectly, in whole or in part, arising out of or in connection with their participation in this Contest or any Contest-related activity, or their acceptance, possession, use or misuse of any prize in any way (including any tax liabilities). Sponsor Entities shall not be responsible for any cancellation, delays, diversions or substitutions or any act or omissions whatsoever by the air carrier(s), hotel(s), other transportation companies or any other persons providing any of these services or accommodations to passengers including any results thereof such as changes in services or accommodations necessitated by same. Sponsor Entities shall not be liable for any loss or damage to baggage. Entrants hereby acknowledge that they may hereafter discover facts different from or in addition to those which they now know or believe to be true and agree that this release will remain effective notwithstanding.
If by reason of any error, more prizes are claimed than the number set forth in these Official Rules, all persons making purportedly valid claims will be included in a random drawing to award the advertised prize. No more than the advertised number of prizes will be awarded.
WINNER LIST/RULES: The name of the winner may be obtained after September 7, 2012 by sending a self-addressed, stamped envelope, received by September 10, 2012, to “Back to School Nitro-Booster by Nespresso!” Winner, Shutmouth, PO Box 5850, Sherman Oaks, CA 91413.
For a copy of the Official Rules, please send a self-addressed, stamped envelope to be received before September 7, 2012 to “Back to School Nitro-Booster by Nespresso!” Winner, Shutmouth, PO Box 5850, Sherman Oaks, CA 91413.
GOVERNING LAW: Except to the extent pre-empted by federal or other applicable state law, this Contest shall be governed by the laws of the State of California (without giving effect to any conflict of law provisions thereof). By participating in this Contest, entrants agree that any and all disputes which cannot be resolved between entrant and Sponsor, and causes of action arising out of or connected with this promotion, shall be resolved individually, without resort to any form of class action, exclusively, before a court located in the City of Los Angeles, California having competent jurisdiction, which Court shall apply the laws of the State of California without giving effect to any conflict of law provisions thereof.
SPONSOR: Shutmouth, PO Box 5850, Sherman Oaks, CA 91413. Entrants acknowledge that Facebook is not a sponsor of the Contest and release Facebook from any liability relating to the Contest.