1. HOW TO ENTER: NO PURCHASE OR INTERNET ACCESS NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. The Sennheiser Giveaway (“Giveaway”) begins 12:00PM Pacific Daylight Time (PDT) on 10/03/2017 and ends 4:59PM PDT on 10/16/2017 (“entry period.”) The #XYZsquad Morph Suit Giveaway (“Giveaway”) begins 12:00PM Pacific Daylight Time (PDT) on 10/13/2017 and ends 2:59PM PDT on 10/20/2017 (“entry period.”) There are two ways to enter: Instagram, or by mail. No other method of entry will be accepted. Instagram Method: To enter through Instagram during the entry period, you must follow @xyz on Instagram and comment on the post tagging two or more friends. For an addition entry through Instagram during the period of entry for the #XYZsquad Morph Suit Giveaway you must tag @xyz in a picture of you in your Halloween costume. Instagram entries must be completed and received by Company by 10/16/2017 for the Sennheiser Giveaway and 10/20/2017 for the #XYZsquad Morph Suit Giveaway. Limit one entry per person. Incomplete entries are void. If you do not wish to enter online, you may enter the Giveaway by printing your name, address, city, state and zip code, age, day & evening telephone number and email address (if you have one), and the words, “Sennheiser” or “#XYZsquad Morph Suit” Giveaway on a 3”x5” card, and mail it to: XYZ Giveaway, 2800 Olympic Blvd., Suite 1, Santa Monica, CA 90404. Mail-in entries must postmarked by 10/16/2017 or 10/20/2017 respectfully. Limit one entry per person. All entries become the property of Company and will not be acknowledged or returned. Company assumes no responsibility for lost, late, misdirected, illegible or mutilated entries or for any computer, online, telephone, cable, network, electronic or Internet hardware or software malfunctions, failures, connections, availability, garbled or jumbled transmissions, service provider, Internet, web site, or other accessibility or availability issues, traffic congestion, or unauthorized human intervention, or any technical malfunctions that may occur. Entrants shall be the authorized account holder of the Instagram account submitted at the time of entry. “Authorized account holder” is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for the submitted Instagram account.
2. ELIGIBILITY: This Giveaway is open only to legal residents of the U.S. (excluding Puerto Rico) who are 18 years of age or older as of the date the Giveaway begins. Employees of Company, their subsidiaries, affiliates, prize suppliers, and advertising and promotional agencies of Company, and their immediate families (spouse, parents, children, siblings and their spouses) and individuals living in the same household as such employees are ineligible. This Giveaway is governed by the laws of the United States and is subject to all applicable federal, state, and local laws and regulations. Void in Puerto Rico and where prohibited.
3. JUDGING: Winners for the Sennheiser Giveaway will be selected by random drawing on or about 10/16/2017 from among all eligible entries received. Winners for the #XYZsquad Morph Suit Giveaway will be selected by random drawing on or about 10/20/2017 from among all eligible entries received. All prize drawings will be conducted at 2800 Olympic Blvd., Suite 1, Santa Monica, CA 90404. By participating, entrants agree to be bound by the Official Rules and the decisions of the judges, which shall be final and binding in all respects. Odds of winning depend on the total number of eligible entries received. All prizes will be awarded. Limit one prize per person, family or household. Winners will be notified via Instagram direct message, email, U.S. mail, telephone, and/or by overnight courier.
4. PRIZES: There will be one (1) winner selected and one (1) prize granted for the Sennheiser Giveaway. Winner will receive one prize package that includes one (1) Sennheiser PXC 550 (approximate retail value $399). There will be one (1) winner selected and one (1) prize granted for the #XYZsquad Morph Suit Giveaway. Winner will receive one prize package that includes one (1) #XYZsquad Morph Suit (approximate retail value $50). The prizes cannot be exchanged for cash, and cannot be used in conjunction with any other promotion. Company reserves the right to substitute a prize of equal or greater value in the event the offered prize is unavailable. No substitution or transfer of prize permitted except as provided herein.
5. GENERAL CONDITIONS: All federal, state, and local taxes, fees and surcharges on prize packages are the sole responsibility of the prize winners. Prize winners may be required to execute and return an Affidavit of Eligibility/Release of Liability/Prize Acceptance Form within seven (7) days following notification. Return of any prize and/or prize notification as undeliverable or failure of any entrant to comply with any Official Rules will result in disqualification and selection of an alternate winner. Winners grant Company the right to use and publish their legal name and state of residence online and in print, or any other media, in connection with the Giveaway. Except winners who are residents of the State of Tennessee, acceptance of a prize constitutes permission for Company and their advertising and promotional agencies to use winners’ names and likenesses for editorials, advertising and promotional purposes without payment of additional compensation unless prohibited by law. By entering, participants release and hold harmless Company, their respective parents, subsidiaries, affiliates, directors, officers, employees, attorneys, agents and representatives from any and all liability for any injuries, loss, claim, action, demand or damage of any kind arising from or in connection with the Giveaways or any prizes won, any misuse or malfunction of any prize awarded, participation in any Giveaway related activity, or participation in the Giveaway. As a condition of participating in the Giveaways, participant agrees that any and all disputes which cannot be resolved between and the parties, and causes of action arising out of or connected with the Giveaways shall be resolved individually, without resort to any form of class action, exclusively, before a court of competent jurisdiction located in Los Angeles County, California, which court shall apply the laws of the state of California without regard for rules of conflicts of law. In any such dispute, participant shall, under no circumstances, be entitled to claim punitive, incidental, or consequential damages, or any other damages, including attorneys’ fees, other than participant’s actual out-of-pocket expenses (if any) associated with participating in the Giveaways, and participant hereby waives all rights to have damages multiplied or increased. CAUTION: ANY ATTEMPT BY A CONTESTANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE THE GIVEAWAYS OR UNDERMINE THE LEGITIMATE OPERATION OF THE GIVEAWAYS IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, COMPANY RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH CONTESTANT TO THE FULLEST EXTENT PERMITTED BY LAW.
6. LIMITATIONS OF LIABILITY: Company is not responsible for any incorrect or inaccurate information, whether caused by web site users or by any of the equipment or programming associated with or utilized in the Giveaways or by any technical or human error which may occur in the processing of submissions in the Giveaways, including but not limited to any misprints or typographical errors. Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. Company is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line-systems, servers or providers, computer equipment, software, failure of e-mail or players on account of technical problems or traffic congestion on the Internet or at any web site or combination thereof, including injury or damage to participants or to any other person’s computer related to or resulting from participating or downloading materials in the Giveaways. If, for any reason, the Giveaways are not capable of completion as planned, including by reason of infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures or any other causes beyond the control of Company which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Giveaways, Company reserves the right at their sole discretion to cancel, terminate, modify or suspend the Giveaways.
IN NO EVENT WILL COMPANY, ITS PARENTS, AFFILIATES, SUBSIDIARIES, AND RELATED COMPANIES, ITS ADVERTISING AND PROMOTIONAL AGENCIES, OR ITS DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS, AND REPRESENTATIVES, BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF PARTICIPANT’S PARTICIPATION IN THE GIVEAWAYS. WITHOUT LIMITING THE FOREGOING, EVERYTHING PROVIDED FOR THIS GIVEAWAY IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
7. LIST OF WINNERS: For a list of winners, after October 16, 2017 and October 20, 2017, mail a separate, self-addressed stamped envelope to: XYZ Giveaway Winners, c/o General Counsel, 2800 Olympic Blvd., Suite 1, Santa Monica, CA 90404. Vermont residents may omit return postage.
8. NOTICE TO INDIVIDUALS: REMOVAL FROM MAILING LIST: Any individual (or other duly authorized person) may elect to exclude the name and address of that individual from all lists used by Company to mail skill contests or sweepstakes. To elect to have an individual’s name excluded from all such lists, submit a removal request in writing to “XYZ Giveaway, c/o General Counsel, 2800 Olympic Blvd., Suite 1, Santa Monica, CA 90404.” This notification system may be used to prohibit mailing of all skill contests or sweepstakes by Company to such individual.