Official Rules for
Xbox One Giveaway Contest
NO PURCHASE NECESSARY. A PURCHASE WILL NOT ENHANCE YOUR OPPORTUNITY TO WIN. THIS IS A RANDOM DRAWING CONTEST.
THE CONTEST RULES ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE SPONSOR FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
Open to legal residents of the fifty United States, who have reached the age of majority in the state of his / her residence at the time of entry.
Contest is sponsored by Nerdist Industries, LLC 1840 Valpreda Street, Burbank, CA 91504 (“Sponsor”).
HOW TO ENTER
- To enter XBOX-ONE Contest (the “Contest”), submit an answer (“Submission”) to the comments of the Nerdist News episode post on Nerdist.com with your complete email address.
- Contest schedule:
- Contest “Submission Period”: The Submission Period begins on Friday November 15 at 4:00pm Pacific Time (“PT”) and ends on November 21st, 2013 at 11:59 am PT.
- Winner Selection: A winner will be randomly selected from all entries received.
- Grand Prize Winner Notification: On or about November 22nd, 2013, the grand prize winnerbe announced on Nerdist News. The winner will also be contacted by email to confirm eligibility, according to these Official Rules. The winner shall have 7 days from delivery of the email to claim his/her prize. If the prize is unclaimed during this period, Nerdist.com shall select another winner.
3. By entering, entrants represent and warrant that their entries are their own and original creations, and do not violate or infringe the rights, including, without limitation, copyrights, trademark rights or rights of publicity/privacy, of any third party.
4. Sponsor and its parent, subsidiary or affiliated companies are not responsible for technical, hardware or software malfunctions of any kind, lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications caused by the sender, or by any of the equipment or programming associated with or utilized in this Contest which may limit the ability to play or participate, or by any human error which may occur in the processing of the entries. If for any reason the Contest is not capable of being conducted as described in these Official Rules, Sponsor shall have the right to cancel, terminate, modify or suspend the Contest. In the event of a dispute over the identity of an online entrant, entry will be deemed submitted by the authorized holder of the email account.
1. The Submission must meet the following guidelines:
- Submission must answer the Xbox One question answered in the episode of Nerdist News.
2. The Submission is subject to the following content restrictions:
- Submission must NOT include any 3rd party trademarks, logos or slogans with the exception of those relating to the X-Box One;
- Submission must NOT contain subject matter which is, or could be considered, in the sole discretion of Sponsor, obscene, pornographic, violent (e.g., relating to murder, the sales of weapons, cruelty, abuse, etc.), defamatory, libelous, discriminatory (based on race, sex, religion, natural origin, physical disability, sexual orientation or age), illegal (e.g., illegal gambling, underage drinking, substance abuse, computer hacking, etc.), offensive, threatening, profane, hateful, degrading, harassing, or otherwise unlawful, tortious or objectionable;
- Submission must NOT contain any content that is protected by copyright (without the express prior written consent of the owner of such right) or include names and/or descriptions of any copyrighted media production (excluding references to X-Box One subject to the terms of these Official Rules), including, without limitation, films, books, television programming, etc., or identifying descriptions of any media property;
- Submissions must not include materials that violate or infringe another person’s privacy or publicity rights; and
- Submissions must not contain any derogatory references to any Contest Entities.
3. Entrants who enter Submissions which violate any of these requirements may be asked to edit their Submission or to remove the content in question. Contest Entities reserve the right to disqualify or remove in their sole and absolute discretion, any Submissions deemed inappropriate or that do not comply with the Official Rules. Contest Entities reserve the right to determine in their sole discretion which entries have satisfied the entry requirements. ELIGIBLE ENTRANTS MUST SUBMIT IN ACCORDANCE WITH THESE OFFICIAL RULES. NO OTHER METHOD OF SUBMISSION WILL BE ACCEPTED.
1. The confirmed grand prize winner will win an X-Box One Console.
2. In the event that there is an insufficient number of qualified entries or if the Sponsor determines at its absolute discretion that no or too few entries meet the quality standards established to award the grand prize, Sponsor reserves the right not to award the grand prize.
Sponsor shall not be responsible for any cancellations, delays, diversions or substitution or any act or omissions whatsoever by the air carriers, hotels, venue operators, transportation companies, prize providers or any other persons providing any prize-related services or accommodations. Sponsor is not liable for any missed prize events, opportunities or expenses incurred as a consequence of flight cancellation/delay or ground transportation delay. No refund or compensation will be made in the event of the cancellation or delay of any transportation or other prize element except at the sole and absolute discretion of Sponsor. Lost, stolen or damaged airline tickets, travel vouchers or certificates will not be replaced or exchanged. All expenses not specifically mentioned herein, are not included as part of any grand prize package, and are solely the grand prize winner’s responsibility, including, but not limited to: hotel taxes, additional ground transportation, travel insurance, and room service. Transportation carrier and hotel regulations and conditions apply. Travel and lodging are subject to availability, and any changes made to either of these will be at the expense of the grand prize winner.
5. PRIZES WILL BE AWARDED “AS IS” WITH NO WARRANTY OR GUARANTEE, EITHER EXPRESS OR IMPLIED BY SPONSOR. All prize details are at the sole discretion of the Sponsor. Grand prize winner cannot assign or transfer a prize to another person.
6. The approximate retail value of the grand prize is approximately $500.
1. Open to legal residents of the fifty United States, who have reached the age of majority in the state of his / her residence and who are Twitter followers of Nerdist @nerdistdotcom at the time of entry. Employees of Sponsor, Microsoft, and each of their respective parent companies, subsidiaries, affiliates or other parties in any way involved in the development, production or distribution of this Contest (collectively, the “Contest Entities”), as well as the immediate family (spouse, including common law, parents, siblings, children) and household members of each such employee are not eligible to participate in the Contest. Void where prohibited by law. All state, provincial and local restrictions apply.
1. No cash substitution, transfer or assignment of prizes allowed. In the event of the unavailability of a prize or prizes, Sponsor may substitute a prize or prizes of equal or greater value.
2. Each entry will be the sole property of the Sponsor. By competing in the Contest and/or accepting a prize, each entrant (including the grand prize winner) grants to Sponsor, and its designees, licensees, successors and assigns, the non-exclusive, perpetual, royalty-free, no-cost license and right to edit, adapt, publish, copy, display, reproduce and otherwise use their entry in connection with this Contest and in any other way, in any / all forms of media now known or hereafter devised, throughout the world, in perpetuity, including publication on www.nerdist.com and www.youtube.com/nerdist. Further, each entrant (including the prize winner) grants to Sponsor the right to use each entry and the winner’s name, likeness, and biographical information in advertising, trade and promotional materials, without notice, review or approval, or further compensation or permission, except as set forth herein, and except where prohibited by law. Sponsor is not obligated to use, publish, display or reproduce any entry.
3. Contest Entities shall have the right and sole discretion to edit, refuse to use or transmit or cease to use or transmit any Submission whatsoever which any of them finds to be in violation of the provisions hereof, not fully compliant with all of Contest Entities’ requirements in connection with any and all legal clearance issues, or which any of the Contest Entities’ finds in its sole discretion to be otherwise objectionable for any reason. Contest Entities also reserve the right to replace the winning Submission with the Submission of an alternate eligible entrant in accordance with these Official Rules if such Submission and/or entrant is withdrawn from or removed from the Contest for any reason, including without limitation, entrant’s failure to have any prize claim documents executed as directed by the Contest Entities. The Contest Entities are not responsible for any materials provided by entrants which are deemed harmful or offensive to others or for any harm incurred as a result of the Submission creation. The Contest Entities make no warranties, express or implied, as to the content or the accuracy or reliability of any information or statements contained in the Submission. All statements and opinions made by entrants are those of such entrants only, and the Contest Entities neither endorse nor shall be held responsible for the reliability or accuracy of same. The website may also be linked to web sites operated by companies affiliated with Contest Entities. Visitors to those sites should refer to each site’s separate privacy policies and practices.
4. Contest Entities reserve the right, in their sole discretion, to adjust times and dates in these Official Rules at any time and/or to suspend or cancel the Contest at any time for any reason, including, without limitation, if a computer virus, bug or other technical problem corrupts the administration, security, or proper conduct of the Contest, strikes, lock-outs, acts of God, technical difficulties, and other events not within the reasonable control of Contest Entities. If the Contest is terminated before the designated end date, Sponsor will (if possible) select the grand prize winner from all eligible, non-suspect Submissions received as of the date of the event giving rise to the termination. Contest Entities reserve the right, at their sole discretion, to prohibit any entrant from participating in the Contest or to disqualify any individual any of them finds, in its sole determination, to be tampering with the entry process or the operation of the Contest; to be attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception, or any other unfair playing practices; to be acting in violation of these Official Rules; or to be acting in a disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Contest Entities may suspend or discontinue the Contest if, in their sole opinion, there is any actual or suspected tampering of the Contest, or any other malfunction, event or activity that may affect the integrity of the Contest.
5. Governing Law. THE SUBSTANTIVE LAWS (AS DISTINGUISHED FROM THE CHOICE OF LAW RULES) OF THE STATE OF CALIFORNIA AND THE UNITED STATES OF AMERICA APPLICABLE TO CONTRACTS MADE AND PERFORMED ENTIRELY IN CALIFORNIA SHALL GOVERN (i) THE VALIDITY AND INTERPRETATION OF THIS AGREEMENT, (ii) THE PERFORMANCE BY THE PARTIES OF THEIR RESPECTIVE OBLIGATIONS HEREUNDER, AND (iii) ALL OTHER CAUSES OF ACTION (WHETHER SOUNDING IN CONTRACT OR IN TORT) ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TERMINATION OF THIS AGREEMENT. For the purposes hereof, Sponsor and contestant each hereby submit and subject themselves irrevocably to the personal jurisdiction of the California state and federal courts.
LIMITATION OF LIABILITY
1. By competing in this Contest and/or accepting a prize, entrants agree to release, discharge, indemnify, and hold harmless the Contest Entities from any and all liability (including legal fees and expenses) of whatever nature or kind arising out of or relating to participation in this Contest or the awarding, acceptance, use or misuse of the prize. Entrants hereby forever waive, and release Sponsor from, any claim that you may have at any time in the future related to your entry and/or Sponsor use of your entry. UNDER NO CIRCUMSTANCES SHALL THE CONTEST ENTITIES BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, ATTORNEYS’ FEES, OR ANY OTHER DAMAGES.
1. To obtain a copy of the winner list or a copy of these Official Rules, send your request along with a stamped, self-address envelope to “Nerdist X-Box One Contest,” Winner/Rules, 1840 Valpreda Street, Burbank, CA 91504. Residents of Vermont may omit return postage.
Microsoft and its parents, affiliates and subsidiaries are not responsible for the promotion, administration, or execution of this Contest.
// End of Official Rules //