KLIPSCH "HERO" SWEEPSTAKES OFFICIAL RULES
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THE SWEEPSTAKES. A PURCHASE WILL NOT AFFECT YOUR CHANCES OF WINNING.
BY PARTICIPATING IN THIS PROMOTION, YOU ACCEPT AND AGREE TO BE BOUND BY THESE OFFICIAL RULES AND REPRESENT THAT YOU SATISFY ALL OF THE ELIGIBILITY REQUIREMENTS SET FORTH IN THESE OFFICIAL RULES. ALL U.S. FEDERAL, STATE, AND LOCAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED.
1. SWEEPSTAKES PERIOD AND SPONSOR. The KLIPSCH HERO SWEEPSTAKES (“Sweepstakes”) begins on May 1, 2020 and concludes on May 31, 2020 (known as the “Sweepstakes Period”). One winner will be selected during the Sweepstakes Period and will receive the prizes described below. Odds of winning are expressed in Section 6 of these Official Rules. Klipsch Group, Inc., located at 3502 Woodview Trace, Indianapolis, IN 46268 (“Klipsch”), is the sole sponsor of the Sweepstakes.
2. ELIGIBILITY. Eligibility is limited to natural persons who are legal residents of the District of Columbia or the 48 contiguous states of the United States (excluding Rhode Island)(collectively, the “Eligibility Territory”), who are at least eighteen (18) years of age (or the age of majority in the entrant’s state of residence at the time of entry, if higher) (each an “Entrant”). Employees of Klipsch and its affiliated companies, advertising and promotion agencies, and the directors, officers, employees and agents (“Promotion Entities”) or their immediate families and/or household residents, are not eligible to enter. By participating, Entrant agrees to abide by these Official Rules and the decisions of Klipsch, including with respect to eligibility, which decisions are final and binding in all respects. The Sweepstakes is void outside of the Eligibility Territory and where prohibited. All entries must be received by 11:59:59 PM Eastern Time on the last day of the Sweepstakes Period. Incomplete entries are void. By entering, Entrants acknowledge compliance with these Official Rules, including all eligibility requirements. All entries become the property of Klipsch and will not be returned or acknowledged.
3. HOW TO ENTER.
A. ONLINE: To enter online, visit www.klipsch.com/hero-sweepstak... and, during the Sweepstakes Period, complete the form by entering the information required, including your name, age, email address, and zip code, and the full name, email address, phone number, mailing address, and zip code of the hero you have nominated, as well as confirmation that such hero is 18 years of age or older. Only one entry is permitted per person. Klipsch is not responsible for any registration errors, for problems or technical malfunction of any telephone network, telephone lines, computer on-line systems, servers, access providers, computer equipment, software, failure of any email or entry to be received by Klipsch on account of late or misdirected mail, technical problems or traffic congestion on the Internet or at any web site, or any combination thereof including any injury or damage to an Entrant’s or any other person’s computer related to or resulting from playing or downloading any materials in this promotion. Klipsch reserves the right, in its sole discretion, to cancel, suspend, or modify the Sweepstakes, or shorten the Sweepstakes Period, should a virus, bug or other cause beyond the reasonable control of Klipsch corrupt the security or proper administration of the Sweepstakes or otherwise compromise, in Klipsch’s sole judgment, the integrity or fairness of the Sweepstakes. Any attempt to deliberately damage any website or undermine the legitimate operation of this Sweepstakes is a violation of criminal and civil laws, and should such an attempt be made, Klipsch reserves the right to seek remedies and damages to the fullest extent permitted by law, including criminal prosecution and disqualification of any individual who tampers with the entry process or the administration of the Sweepstakes.
B. ALTERNATIVE MEANS OF ENTRY: To enter by mail, send your name, address, city, state, zip code, area code, phone number, age, and e-mail address to: KLIPSCH HERO SWEEPSTAKES, Klipsch Group, Inc., 3502 Woodview Trace, Suite 200, Indianapolis, IN 46268. No photocopied entries will be accepted. Mailed entries must be received before the end of the Sweepstakes Period.
4. CONDITIONS OF ENTRY. Incomplete, illegible, indecipherable, or incorrect entries are not eligible to win. Entries that contain false information or that violate the laws of the Entrant’s country or state of residence are not eligible to win. Entrants may only enter once during the Sweepstakes Period.
5. SELECTION OF WINNER. Klipsch will select one winner at random on or about June 6, 2020 in Indianapolis, Indiana from eligible entries received during the Sweepstakes Period. Klipsch will also select five nominated heroes in total, also at random, with random selection beginning on or about June 6, 2020 and continuing through the conclusion of June, 2020, or when the last hero is selected, whichever is earlier, with selections occurring in Indianapolis, Indiana from eligible entries received during the Sweepstakes Period. (The hero nominated by the winner will not necessarily be one of the five nominated heroes, as such heroes are randomly selected). Entrants are limited to one win during the Sweepstakes. The winner and each randomly chosen hero will be notified by e-mail within 2 business days of the selection of each and the winner will be required to complete and return an affidavit (which may contain, among other provisions, a release of liability and a publicity release) and both winners and heros will be required to complete and return an IRS W-9 form (collectively, the “Sweepstakes Documents”). If a winner or hero does not respond to claim his or her prize within 2 business days of Klipsch’s dispatch of notification to claim his or her prize, if any winner or hero does not meet the eligibility criteria, or if the winner or hero fails to sign and return the signed, unaltered, Sweepstakes Documents to Klipsch (in a hero’s case, the IRS W-9 form) within seven (7) business days from Klipsch’s dispatch of notification to winner, such winner or hero will be disqualified and a new winner or hero will be chosen. If, in Klipsch’s opinion, there is any suspected or actual evidence that the integrity of the Sweepstakes has been compromised in any way, Klipsch reserves the right, in its sole discretion, to terminate the Sweepstakes and to award the prizes using all eligible entries received as of the termination date, or to modify the Sweepstakes in a way to avoid the issue. Should the Sweepstakes be terminated prior to the stated expiration date, notice will be posted at www.Klipsch.com.
6. PRIZES AND ODDS OF WINNING. The winner will receive one Klipsch 7.1.2 Dolby Atmos Speaker System VRV of $2199.00. Five Heroes will be chosen by random drawing to receive up to $2,000 in Klipsch audio equipment of their choosing. Dollar amounts are expressed in U.S. currency. Odds of winning depend on the number of eligible entries received for the Sweepstakes. Prizes are non-transferable, and no prize substitutions or cash redemptions are allowed, except if a prize is unavailable. If the prize is unavailable, Klipsch may choose one of the following options: (A) a prize to be determined by Klipsch of equal or greater VRV; (B) the VRV of the prize in cash or by a valid check; or (C) a voucher, certificate, or other evidence of obligation stating that the prize will be shipped to the person within thirty (30) days at no cost to the person. Tax reporting and payments, if any required by law, on prizes are the winner's sole responsibility. All prizes will be awarded according to these rules and distributed no later than six (6) months from the end of the Sweepstakes Period.
7. LICENSE AND RELEASE.
A. Except where prohibited, the following applies to all Entrants: By entering the Sweepstakes, each Entrant grants to Klipsch an unrestricted, non-exclusive, royalty-free, world-wide, perpetual, irrevocable and fully sublicensable right and license, in Klipsch’s sole and absolute discretion, to use, modify, adapt, translate, display, distribute, reproduce, publish and create derivative works of Entrant’s entry submission, form, and statements made in conjunction therewith (the “Entry”), the name and likeness submitted as part of the Entry, persona, appearance, picture, silhouette, recording or other reproduction of physical likeness, voice and/or sounds made by Entrant (collectively, the “Image”), in whole or in part, on its website, in conjunction with advertising or promoting its products, and otherwise in any media now existing or subsequently developed, for any purpose whatsoever and to combine my Image with other images, text, graphics, photographs and artwork in connection with advertising, publicity, promotion, marketing and merchandising of any product or service of Klipsch, their affiliates and partners. Entrant voluntarily relinquishes any right that it may have to examine or approve the use of Entry or Image or any products or promotional materials that may be used in conjunction therewith. Entrant releases all rights to Entry, including, without limitation, moral rights and rights of publicity, and acknowledges and agrees that all rights to the Entry belong to Klipsch irrevocably, free and clear of any obligation to Entrant, and that neither Klipsch nor any other Promotional Entity will be required to pay any additional consideration or seek any additional approval in connection with such uses. Entrant represents that it is free to grant the above rights to Klipsch, that such grant does not infringe any other person or entity’s rights, and agrees to accept sole and full monetary responsibility to Klipsch and the other Promotion Entities for any amount, whether in damages or costs (including defense costs) that Klipsch or any other Promotion Entity incurs in any third party claim alleging a violation of this representation. Entrant agrees that Klipsch has no obligation to utilize the Image and Entrant agrees that Entrant waives any claim against Klipsch or all other Promotion Entities for not using the Image, or for using the Image in a manner in which Entrant disapproves.
B. EXCEPT WHERE PROHIBITED, BY ENTERING THIS SWEEPSTAKES, ENTRANT AGREES TO RELEASE AND HOLD HARMLESS KLIPSCH, AND ITS AFFILIATE COMPANIES AND THE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS OF EACH (INDIVIDUALLY AND COLLECTIVELY FOR THE PURPOSES OF THIS PARAGRAPH) FROM AND AGAINST ANY INJURIES, LOSSES OR DAMAGES ARISING OUT OF OR RELATED IN ANY WAY TO THE SWEEPSTAKES, THE ENTRANT’S PARTICIPATION IN THIS SWEEPSTAKES, INCLUDING KLIPSCH’S RELIANCE UPON THE ENTRANT’S COMPLIANCE WITH THESE RULES, OR THE PRIZE, INCLUDING WITH RESPECT TO POSSESSION, USE AND/OR MISUSE THEREOF, AND THE ENTRANT’S AGREEMENT THAT KLIPSCH MAY USE THE ENTRY AND IMAGE IN ADVERTISING AND FOR PROMOTIONAL PURPOSES ON ANY AND ALL MEDIA WITHOUT ADDITIONAL COMPENSATION.
8. DISPUTES AND LIMITATION OF LIABILITY. Entrants hereby waive all rights and remedies at law or in equity for any and all claims they may have relating to the Sweepstakes. Klipsch assumes no responsibility for lost, late, stolen, damaged, misdirected, illegible, incomplete, or postage-due entries. Entrant agrees that: (A) 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, and exclusively by the appropriate court in Marion County, Indiana, USA; (B) 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 (C) UNDER NO CIRCUMSTANCES WILL ENTRANT BE PERMITTED TO OBTAIN AWARDS FOR (AND ENTRANT HEREBY WAIVES ALL RIGHTS TO CLAIM) PUNITIVE, INCIDENTAL AND CONSEQUENTIAL DAMAGES AND ANY OTHER DAMAGES, OTHER THAN FOR ACTUAL OUT-OF-POCKET EXPENSES, AND ANY AND ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of the Entrant and Klipsch in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Indiana, without giving effect to any choice of law or conflict of law rules (whether of the State of Indiana or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Indiana. This sweepstakes is in no way sponsored, endorsed or administered by, or associated with Facebook, or Instagram, YouTube, or Twitter. Information provided in conjunction with the Sweepstakes is provided to Klipsch and not Facebook, YouTube, Instagram, or Twitter. Entrant agrees to and hereby does fully release Facebook, YouTube, Instagram, and Twitter from any and all liability related to this Sweepstakes.
10. GENERAL INFORMATION. Direct any questions related to this Sweepstakes to firstname.lastname@example.org during the Sweepstakes Period.
11. WINNER INFORMATION. For the names of the winner, send a self-addressed stamped legal-size envelope for our receipt no later than six (6) months after the Sweepstakes Period expires, to: KLIPSCH HERO SWEEPSTAKES, Klipsch Group, Inc., 3502 Woodview Trace, Indianapolis, IN 46268. The winner may be posted on www.Klipsch.com. for thirty (30) days after the date of winner selection.
12. SPONSOR. Klipsch Group, Inc., 3502 Woodview Trace, Suite 200, Indianapolis, IN 46268.
© 2020 Klipsch Group, Inc. All rights reserved. Entrants are authorized to reproduce these Official Rules for Entrant’s personal use only.