NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER THE SWEEPSTAKES. A PURCHASE WILL NOT INCREASE 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 / X-MEN: APOCALYPSE SWEEPSTAKES (“Sweepstakes”) begins on September 1, 2016 and ends on October 31, 2016 (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. The Sweepstakes is open to natural persons who are legal residents of the 48 contiguous states, excluding Rhode Island, who are the age of majority in the entrant’s state at the time of entry (each an “Entrant”). Employees of Klipsch and their advertising and promotion agencies, and the directors, officers, employees and agents of each of them and 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, which are final and binding in all respects. The Sweepstakes is void outside of the United States 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. Klipsch will determine eligibility in its sole and absolute discretion and as required by law.
3. HOW TO ENTER.
ONLINE: To enter online, visit Klipsch.com/x-men. Complete the form by entering information, including your name, age, email address, and zip code. Only one entry is permitted per person. Klipsch is not responsible for any problems or technical malfunction of any telephone network or 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 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 or suspend the Sweepstakes should a virus, bug or other cause beyond the reasonable control of Klipsch corrupt the security or proper administration of the Sweepstakes. Any attempt to deliberately damage any website or undermine the legitimate operation of this promotion 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.
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 / X-MEN: APOCALYPSE SWEEPSTAKES, Klipsch Group, Inc., 3502 Woodview Trace, Suite 200, Indianapolis, IN 46268. No photocopied entries will be accepted.
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 November 1, 2016 in Indianapolis, Indiana. Entrants are limited to one win during the Sweepstakes. The winner will be notified by e-mail within 48 hours of the selection and asked to complete and return a winner’s affidavit. If a winner does not respond within 2 business days of this notification to claim his or her prize, if any winner does not meet the eligibility criteria, or if the winner refuses to sign a winner’s affidavit, such winner will be disqualified and a new winner 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. Winners will be announced online at www.Klipsch.com. 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. One winner will be selected during the Sweepstakes Period. The winner will receive a Klipsch Reference Premiere HD Wireless Towers 3.1 System with a verified retail value (“VRV”) of $4,095.00 and a Blu-ray disc version of each of the motion pictures ““X-men,” “X2 - X-Men United,” “X-Men: The Last Stand,” “X-Men: Days of Future Past,” “X-Men: First Class” and “X-Men: Apocalypse” (i.e., 6 Blu-ray discs total) with a VRV of $79.99. The total VRV of all prizes awarded during the Sweepstakes Period is $4,174.99. 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 in the event that the prize is unavailable. If the prize is unavailable, the winner 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. Income and other taxes, if any, on prizes are the winners’ 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 sublicenseable 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 form and statements made in conjunction therewith (the “Entry”), name, likeness submitted as part of the Entry, persona, appearance, picture submitted as part of the Entry, silhouette, recording or other reproduction of physical likeness as submitted as part of the Entry, voice and/or sounds made by Entrant as part of the Entry (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. 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.
EXCEPT WHERE PROHIBITED, BY ENTERING THIS SWEEPSTAKES, ENTRANT AGREES TO HOLD HARMLESS KLIPSCH AND FOX AND THEIR 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 RELATED IN ANY WAY TO THE ENTRANT’S PARTICIPATION IN THIS SWEEPSTAKES, INCLUDING KLIPSCH’S RELIANCE UPON THE ENTRANT’S COMPLIANCE WITH THESE RULES, 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. Entrant understands that information provided in conjunction with the Sweepstakes is provided to Klipsch.
10. GENERAL INFORMATION. Klipsch reserves the right to amend these Official Rules during the Sweepstakes Period without notice to Entrants. Direct any questions related to this Sweepstakes to firstname.lastname@example.org during the Sweepstakes Period. Any questions received after the Sweepstakes Period ends will not receive a response.
11. WINNER INFORMATION. For the names of the winners, send a self-addressed stamped legal size envelope after Sweepstakes Period expires, but no later than six (6) months after this date, to: KLIPSCH X-MEN SWEEPSTAKES, Klipsch Group, Inc., 3502 Woodview Trace, Indianapolis, IN 46268. Winners will be posted on www.Klipsch.com.
12. SPONSOR. Klipsch Group, Inc., 3502 Woodview Trace, Indianapolis, IN 46268.
© 2015 Klipsch Group, Inc. All rights reserved. Entrants are authorized to reproduce these Official Rules for Entrant’s personal use only.