HEAREVERYTHING CONTEST
TERMS AND CONDITIONS
1. NO PURCHASE NECESSARY TO ENTER OR TO WIN. A PURCHASE WILL NOT INCREASE YOUR ODDS OF WINNING. SUBJECT TO ALL APPLICABLE LAWS, RULES, AND REGULATIONS. VOID WHERE PROHIBITED OR LIMITED.
2. Contest Details.
a. Voyetra Turtle Beach, Inc. (“Sponsor”) is running a monthly HearEverything Contest (the “Contest”).
b. Territory: The Contest is only open to United States, United Kingdom, Canada, Germany, France, Sweden, Spain, Netherlands, Norway, Poland, Italy, Belgium, Austria, Australia, New Zealand, and Denmark, except to the extent that applicable law limits, imposes additional conditions on or prohibits this Contest.
c. Eligibility: Entrants must be 18 and older. Employees of Sponsor, its affiliated companies, advertising and promotional agencies, and the immediate family members of, and any persons domiciled with, any such employees, are not eligible to enter or to win.
d. Contest Period: The Contest will run from the first day of the month (ex. June 1, 2021, July 1, 2021) until the last day of the month (ex. June 30, 2021, July 31, 2021). The Sponsor may end the Contest at any time and may, but is not required to, provide notice on social media.
e. Prizes: One winner will be selected on a monthly basis by the Sponsor’s social media team. Each monthly winner will receive a gift card worth $350 USD, or local equivalent.
f. How to Enter: In order to be eligible for the Contest, entrants must upload a photo or video, which must include a Turtle Beach headset without any competing brands visible, on their Twitter, Instagram or TikTok profile, tag @TurtleBeach and use the #HearEverything hashtag or join the official Turtle Beach Discord and upload the photo to the appropriate #HearEverything channel. To ensure your entry is counted in the Contest, your social media profiles must be public.
g. Rules or Winners List Request:
i. For a copy of these official rules, send a legal-size, self-addressed, stamped envelope to: HearEverything Contest – Official Rules, 44 South Broadway, 4th Floor, White Plains, NY, 10601, prior to the end of the Contest period.
ii. To obtain a winners’ list, send a self-addressed stamped envelope in a separate, first-class stamped envelope to: HearEverything Contest – Winner’s List, 44 South Broadway, 4th Floor, White Plains, NY, 10601. Requests must be received no later than thirty (30) days following the conclusion of the Contest each month.
h. Notification of Winner: The winner will be notified after the drawing via a direct message to the profile on the social media platform from which the submission was made. Return of prize notification as undeliverable may result in disqualification and an alternate winner may be selected from among all remaining eligible entries. Winners may waive their right to receive prizes. Prizes are non-assignable and nontransferable. No substitutions allowed by winner. Prizes and individual components of prize packages are subject to availability and the Sponsor reserves the right to substitute prizes of equal or greater value. Winners are solely responsible for reporting and payment of any taxes on prizes. Winners must respond within ten (10) days of notification in order to claim his/her prize.
If the potential winner cannot be contacted or fails to comply with any term or condition of these Official Rules, such potential winner is disqualified and forfeits the prize. In the event the potential winner is disqualified for any reason, Sponsor will award the prize to an alternate winner by random drawing from among all remaining eligible entries. All alternate potential winners are subject to all requirements set forth in these Official Rules. Only one (1) alternate winner will be selected after which the prize will remain un-awarded and will remain the property of Sponsor.
3.Entries. Sponsor will not be responsible for incomplete, lost, late, misdirected or illegible entries or for failure to receive entries due to transmission failures or technical failures of any kind, including, without limitation, malfunctioning of any network, hardware or software, whether originating with sender or Sponsor. In the event of a dispute, all online entries will be deemed to have been submitted by the owner of the internet service provider (“ISP”) account from which they were sent. For these purposes, an ISP account holder shall mean the natural person assigned to such ISP account by the internet access provider, online service provider or other organization responsible for assigning ISP addresses for the domain associated with such ISP account. All entries become the property of Sponsor and none will be returned. Any questions regarding the number of entries submitted or the owner of an ISP account shall be determined by Sponsor in its sole discretion, and Sponsor reserves the right to disqualify any entries by persons determined to be tampering with or abusing any aspect of the Contest. Entries from an ineligible entrant, including where applicable law limits, impose additional conditions on or prohibits this Contest, will be void and disregarded.
4. Odds. Odds of winning depend on the total number of entries received by Sponsor.
5. Release. By receipt of any prize, winner agrees to release and hold harmless Sponsor, its affiliate companies, suppliers, distributors, and advertising/promotion agencies, as well as each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Contest or receipt, use, or misuse of any prize.
6. Publicity. Except where prohibited, participation in the Contest constitutes entrant’s consent to Sponsor’s and its agents’ use of entrant’s name, content submission, prize information, likeness, photograph, voice, opinions, city and state of residence, and biographical information for commercial or promotional purposes in any media, worldwide, without further payment or consideration.
7. General Conditions. Sponsor reserves the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Contest, as determined by Sponsor in its sole discretion. In such an event, Sponsor reserves the right to award the prizes at random from among the eligible entries received up to the time of the impairment. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest or to be acting in violation of these official rules or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these official rules shall not constitute a waiver of that provision.
8. Limitations of Liability. The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Contest; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Contest; (4) technical or human error which may occur in the administration of the Contest or the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Contest or receipt or use or misuse of any prize. ALL PRIZES ARE 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. If for any reason an entrant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, the entrant’s sole remedy is another entry in the Contest play, provided that if it is not possible to award another entry due to discontinuance of the Contest, or any part of it, for any reason, Sponsor, at its discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than stated number of prizes as set forth in these official rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, unawarded, eligible prize claims.
9. Participation. By participating, entrants agree to be bound by these Official Rules and the decisions of Sponsor. Sponsor reserves the right to disqualify persons found tampering with or otherwise abusing any aspect of this Contest, as solely determined by Sponsor. Use of robotic, repetitive, automatic, programmed, or similar entry methods or agents (including, but not limited to, sweepstakes entry services,) is prohibited and will void all entries by that entrant. In the event the Contest is compromised by a virus, non-authorized human intervention, tampering or other causes beyond the reasonable control of Sponsor which corrupts or impairs the administration, security, fairness or proper operation of the Contest, Sponsor reserves the right in its sole discretion to suspend, modify or terminate the Contest. Should the Contest be terminated prior to the stated expiration date, Sponsor reserves the right to award prizes based on the entries received before the termination date.
10. Construction. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any such provision is determined to be invalid or otherwise unenforceable, these rules shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein.
11. Disputes. Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by a state or federal court located in Suffolk, New York; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, 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. All issues and questions concerning the construction, validity, interpretation and enforceability of these official rules, or the rights and obligations of the entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.
12. Entrant’s Personal Information. Information collected from entrants is subject to the Sponsor’s Privacy Policy.
13. Sponsor. The decisions of Sponsor regarding the selection of winners and all other aspects of the Contest shall be final and binding in all respects. Sponsor will not be responsible for typographical, printing or other inadvertent errors in these Official Rules or in other materials relating to the Contest.
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