KLIPSCH THINK TANK GIVEAWAY
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER THE GIVEAWAY. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. BY PARTICIPATING IN THIS PROMOTION, YOU AGREE TO BE BOUND BY THESE OFFICIAL RULES AND REPRESENT THAT YOU SATISFY ALL OF THE ELIGIBILITY REQUIREMENTS SET FORTH HEREIN. ALL U.S. FEDERAL, STATE, AND LOCAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED.
1. GIVEAWAY. The KLIPSCH THINK TANK GIVEAWAY (“Giveaway”) begins on November 1, 2012 and ends on January 1, 2014 (known as the “Giveaway Period”). One (1) prize winner will be selected each month during the Giveaway Period, the first winner being selected on December 1, 2012. Thirteen (13) total winners will be selected from all entries received and will receive the prizes described below. Klipsch Group, Inc., located at 3502 Woodview Trace, Indianapolis, IN 46268 (“Klipsch”), is the sole sponsor of the Giveaway.
2. ELIGIBILITY. The Giveaway is open to natural persons worldwide who are at least 19 years of age or older at the time of entry. Employees of Klipsch and its affiliated companies, its 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 Giveaway is void where prohibited. All entries must be received by 11:59 PM EDT on the last day of the Giveaway 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. Entrants waive all rights and remedies at law or in equity for any claim they may have relating to this promotion. Klipsch will determine eligibility in its sole discretion.
3. HOW TO ENTER. To enter, visit www.klipsch.com/thinktank, submit an original idea, or vote for an existing idea, for a new product or marketing campaign, and fill in the required contact information. 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 Giveaway should a virus, bug or other cause beyond the reasonable control of Klipsch corrupt the security or proper administration of the Giveaway. 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.
4. CONDITIONS OF ENTRY. Entrant is obligated to provide accurate information on the submission form regarding his or her city, country, and postal code. Incomplete, illegible, indecipherable, or incorrect entries are not eligible to win. Entries that contain false information or that violate the laws of the U.S. or the entrant’s home country are not eligible to win. Entrants may only enter once during the Giveaway Period, but may participate in the Think Tank forums an unlimited number of times.
5. SELECTION OF WINNERS. Klipsch will randomly select one (1) prize winner on the first business day of each month during the Giveaway Period from the total accumulated eligible entries received during the Giveaway Period. Entrants are limited to one win during the Giveaway. Winners will be notified by e-mail within 7 business days of the selection. If a winner does not respond within 3 business days of this notification to claim his or her prize, or if any winner does not meet the eligibility criteria, 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 Giveaway has been compromised, Klipsch reserves the right to terminate the Giveaway and to award the prizes using all eligible entries received as of the termination date. Should the Giveaway be terminated prior to the stated expiration date, notice will be posted at www.klipsch.com/thinktank.
6. PRIZES AND ODDS OF WINNING. Each monthly winner will receive one (1) pair of Klipsch Image S4 Headphones, with a verifiable retail value (“VRV”) of $79.99. The total VRV of all prizes awarded during the Giveaway Period is $1,039.87. Dollar amounts are expressed in U.S. currency. Odds of winning depend on the number of eligible entries received for the Giveaway. 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 of equal or greater VRV; (B) the VRV of the prize in cash or by a valid check; or © 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 Giveaway Period.
7. LICENSE AND RELEASE.
a. By entering the Giveaway, each entrant grants to Klipsch an exclusive, royalty-free, world-wide, perpetual and irrevocable right and license to display, distribute, reproduce, publish and create derivative works of the entries, in whole or in part, in any media now existing or subsequently developed, for any purpose, including, but not limited to advertising and promotion of Energy products and its website, exhibition, and commercial products. Klipsch will not be required to pay any additional consideration or seek any additional approval in connection with such uses. Furthermore, by entering, each entrant agrees that the only compensation due for entry is a chance at winning in this Giveaway, and no further compensation will be due in any event, even if Klipsch makes further use of entrant’s idea.
b. Except where prohibited, by entering this Giveaway, entrant agrees to 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 related in any way to the entrant’s participation in this promotion, including Klipsch’s reliance upon the entrant’s compliance with these rules, and the entrant’s agreement that Klipsch may use his or her name and/or biographical data for advertising and promotional purposes on any and all media without additional compensation.
8. DISPUTES AND LIMITATION OF LIABILITY. Entrant agrees that: (A) any and all disputes, claims, and causes of action arising out of or connected with the Giveaway 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 Giveaway but in no event attorneys’ fees; and © 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 Giveaway, 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. All US federal, state and local laws and regulations apply.
9. PRIVACY PROTECTION AND DATA PROTECTION. By entering the Giveaway, entrants expressly agree that the personal information collected in conjunction with the Giveaway was freely given to Klipsch and will be used to contact the entrant in the event of winning. Entrant also acknowledges that the personal information will be used for Klipsch’s internal marketing purposes unless the entrant opts-out at the time of entry or at any time thereafter. Opting out of participation in marketing activities will not affect the entrant’s chances of winning. Klipsch never shares, sells, or otherwise discloses personal data to any non-affiliated company. Data will be stored on servers under contract by Klipsch and located in San Francisco, California, USA.
10. GENERAL INFORMATION. Klipsch reserves the right to amend these Official Rules during the Giveaway Period without notice to entrants. Direct any questions related to this Giveaway to email@example.com during the Giveaway Period. Any questions received after the Giveaway 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 Giveaway Period expires, but no later than six (6) months after this date, to: KLIPSCH THINK TANK GIVEAWAY, Klipsch Group, Inc., 3502 Woodview Trace, Indianapolis, IN 46268.
© 2012 Klipsch Group, Inc. All rights reserved. Entrants are authorized to reproduce these Official Rules for entrant’s personal use only.