JAM Transit Headphone Sweepstakes
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. Eligibility. The JAM Transit Headphone Sweepstakes (the “Sweepstakes”) is open to legal residents of the United States and the District of Columbia, who are at least eighteen (18) years of age or older at the time of entry. Employees, officers, and directors of FKA Distributing Co., LLC, d/b/a HMDX (“HMDX” or “Sponsor”), Administrator or any of their parent and affiliate companies, prize suppliers, and each of their affiliated companies, subsidiaries, licensees, distributors, dealers, sales representatives, retailers, printers, individuals engaged in the development, production or distribution of materials, their advertising and promotional agencies, and any and all other companies associated with such agencies (collectively, the “Promotional Entities”), and each of their immediate family members (as defined by the IRS) and/or people living in the same household are not eligible to participate. The Sweepstakes is subject to all applicable federal, state, and local laws and regulations and is void where prohibited. All entries submitted are the property of the Sponsor. Sponsor reserves the right to utilize winners’ names for promotional use. All eligible entries will be entered into the Sweepstakes to award the prizes.
Participation in the Sweepstakes constitutes your full and unconditional agreement to these Official Rules. Any violation of these Official Rules may result in disqualification. All decisions of the Sweepstakes Sponsor and/or Administrator are final and binding in all respects. Winning a prize is contingent upon fulfilling all of the requirements set forth herein.
2. Sweepstakes Period. The Sweepstakes begins at 10:00 a.m. Eastern Standard Time (“EST”) on Monday, April 27, 2015 and ends at 10:00 a.m. EST on Friday, May 1, 2015 (the “Sweepstakes Period”). Administrator’s computer server is the official time keeping device for this Sweepstakes. Administrator’s computer will randomly select the winners. Five (5) winners will be announced at or about 2:00 p.m. EST on May 1, 2015.
3. How to Enter. During the Sweepstakes Period, you can enter the Sweepstakes by: (a) visiting the Sponsor’s Facebook Page https://www.facebook.com/jamspeaker (“Sponsor’s Facebook Page”), (b) if you have not previously done so, “Like” the Sponsor’s Facebook Page, and (c) fill out the entry form on the Sponsor’s page. All potential winners are subject to verification before any prize will be awarded. If you choose to enter using your mobile device, standard data fees may apply. You should consult your wireless service provider’s pricing plans for details. You agree to incur any and all charges demanded by your wireless carrier. You should also check your device’s features for capabilities and check the device manual for specific use instructions.
No photo entry, title or description may be obscene, pornographic, violent, cruel, mean spirited, offensive in any manner or otherwise inappropriate all as determined by Sponsor in their sole discretion. If an entry falls into this category their corresponding entry will become void. Entries made on another’s behalf by any other individuals or any other entity, including but not limited to commercial Sweepstakes/sweepstakes subscription notification and/or entering services, will be declared invalid and disqualified for this Sweepstakes. Tampering with the entry process or the operation of the Sweepstakes is prohibited and any entries deemed by Sponsor, in their sole discretion, to have been submitted in this manner will be void. By entering, entrant (or entrant’s parent or legal guardian, if entrant is an eligible minor) agrees to release the Promotional Entities from and against all claims and damages arising in connection with each entrant’s participation and/or entry in the Sweepstakes and/or his/her receipt or use of the prize awarded in this Sweepstakes.
LIMIT: You may enter one (1) time during the Sweepstakes period. At the time of your initial entry you can receive additional entries by using the “Invite friends to enter” link found at the bottom of the entry form. This sends an entry link to your friend(s). You will gain one (1) additional entry for each friend that enters using the link you send them. All terms and conditions of Facebook.com apply. Multiple entrants are not permitted to share the same Facebook account. Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different Facebook accounts, identities, registrations and logins, or any other methods will void that entrant’s entries and that entrant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. In the event of a dispute as to any Facebook account, the authorized account holder of the email address used to register on the platform will be deemed to be the entrant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Each potential winner may be required to show proof of being the authorized account holder.
All entries become the sole and exclusive property of the Sponsor and receipt of entries will not be acknowledged or returned. Sponsor is not responsible for lost, late, illegible, stolen, incomplete, invalid, unintelligible, postage-due, misdirected, technically corrupted or garbled entries, which will be disqualified, or for problems of any kind whether mechanical, human or electronic. Proof of submission will not be deemed to be proof of receipt by Sponsor. By entering the Sweepstakes, entrants fully and unconditionally agree to be bound by these Official Rules and the decisions of the judges, which will be final and binding in all matters relating to the Sweepstakes.
By entering this Sweepstakes, you give Sponsor and Administrator your permission to hold and use your personal details, including but not limited to your name, postal address, E-mail address, and telephone number or the purposes of operating the Sweepstakes, as applicable. Released Entities (as defined in Section 7 below) are not responsible for incomplete, invalid, delayed or misdirected entries, all of which will be void.
4. Random Drawings. Five (5) potential winners will be selected in a random drawing conducted by the Sponsor at or about 2:00 EST on Friday, May 1, 2015 from among all eligible entries received during the Sweepstakes Period. Odds of winning a prize depend upon the number of eligible entries received during the Sweepstakes Period. Prizes will be shipped to the address provided within ten (10) business days after winner selection. If any prize is returned as non-deliverable such prize will be forfeited and an alternate winner will be selected, if possible. Prize award is subject to verification of eligibility and compliance with these Office Rules, and each winner agrees to be bound by the Official Rules and the decision of the Sponsor, whose decisions are final on all matters relating to this Sweepstakes. Limit one (1) prize per person or household.
5. Prizes. Each winner will receive one (1) Jam Transit Bluetooth Headphone (model #HX-HP420), approximate retail value $49.99. Approximate retail value of all prizes is $249.95. All expenses, taxes and costs associated with acceptance and use of prizes not otherwise set forth in these Official Rules are the obligation of the winners. Prizes are not transferable or redeemable for cash. No assignment, transfer, cash redemption, or substitution of prize is permitted, except that sponsor reserves the right to award a prize of equal or greater value in the event an advertised prize is unavailable for any reason. The winner may be required to provide Sponsor with a valid Social Security Number or tax identification number before the prize will be awarded for tax reporting purposes. An IRS Form 1099 may be issued in the name of each winner for the actual value of the prize received. Any unclaimed prize will be forfeited. Sponsor will not replace any lost, mutilated or stolen prize or any prize that is undeliverable or does not reach the winner because of an incorrect or changed address.
Sponsor makes no warranties, and hereby disclaims any and all warranties, express or implied, concerning any prize furnished in connection with the Sweepstakes. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUCH PRIZE(S) ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SPONSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.
6. Verification of Winner. Potential winners will be required to email or [IM/direct message] Sponsor with the desired prize delivery address within one (1) calendar day or any other time frame designated by Sponsor in order for their prize to be claimed and delivered. Winners may be required to sign and return, where legal, an Affidavit or Declaration of Eligibility and Liability/Publicity Release within two (2) days of receipt. Additionally potential winners may be required to obtain releases from any and all third parties identified in their respective Submissions. If any winner is considered a minor in his/her jurisdiction of residence, Affidavit of Eligibility and Liability/Publicity Release must be signed by his/her parent or legal guardian. If any potential winner cannot be contacted within one (1) calendar day of first notification attempt, if any such potential winner does not provide the prize delivery address in the time frame designated by Sponsor, if any prize or prize notification is returned as undeliverable, if any winner rejects his/her prize or in the event of noncompliance with these Official Rules and requirements, such prize will be forfeited and may be awarded to the Submission with the next highest score. Upon prize forfeiture, no compensation will be given. Unclaimed prizes will not be awarded.
Potential prize winners agree to the use of his/her name, address, likeness and/or prize information for editorial, advertising and promotional purposes in any medium without additional compensation to the extent permitted by law. Prize claims and entries are the sole property of Sponsor and will not be returned. Acceptance of any prize shall constitute and signify the prize winner’s agreement and consent that Sponsor and its designees may use the prize winner’s name, city, state, likeness, photo, avatar, and/or prize information in connection with the Sweepstakes for promotional, advertising or other purposes, worldwide, in any and all media now known or hereafter devised, including the Internet, without limitation and without further payment, notification, permission or other consideration, except where prohibited by law. Sponsor shall not incur any liability whatsoever to the extent Sponsor chooses to refrain from any exploitation of its rights hereunder. The winner will indemnify Sponsor, Administrator, Released Entities (as defined in Section 7, below) and any licensee of Sponsor or Administrator against all claims, damages, liabilities, and expenses (including reasonable counsel fees and legal expenses) arising out of any breach of these terms.
7. Conditions. BY PARTICIPATING, ENTRANTS AND WINNERS AGREE TO RELEASE AND HOLD HARMLESS SPONSOR, FACEBOOK, AND THEIR ADVERTISING AND PROMOTIONS AGENCIES AND THEIR RESPECTIVE PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, PARTNERS, REPRESENTATIVES, AGENTS, SUCCESSORS, ASSIGNS, EMPLOYEES, OFFICERS AND DIRECTORS (COLLECTIVELY, “RELEASED ENTITIES”), FROM ANY AND ALL LIABILITY, FOR LOSS, HARM, DAMAGE OR INJURY, COST OR EXPENSE WHATSOEVER INCLUDING, WITHOUT LIMITATION, PROPERTY DAMAGE, PERSONAL INJURY AND/OR DEATH WHICH MAY OCCUR IN CONNECTION WITH, PREPARATION FOR, TRAVEL TO, OR PARTICIPATION IN SWEEPSTAKES, OR POSSESSION, ACCEPTANCE AND/OR USE OR MISUSE OF PRIZE OR PARTICIPATION IN ANY SWEEPSTAKESRELATED ACTIVITY AND FOR ALL CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, INVASION OF PRIVACY, COPYRIGHT INFRINGEMENT, TRADEMARK INFRINGEMENT OR ANY OTHER INTELLECTUAL PROPERTY-RELATED CAUSE OF ACTION. Any and all federal, state and local taxes are the sole responsibility of the winners. Participation in the Sweepstakes and acceptance of a prize constitutes each winner’s permission for Sponsor to use his/her name, address (city and state), likeness, photograph, picture, portrait, voice, biographical information and/or any statements made by each winner regarding the Sweepstakes or Sponsor for advertising and promotional purposes without notice or additional compensation, except where prohibited by law. Entrants who do not comply with these Official Rules, or attempt to interfere with this Sweepstakes in any way shall be disqualified. Sponsor is not responsible if Sweepstakes cannot take place or if any prize cannot be awarded due to travel cancellations, delays or interruptions due to acts of God, acts of war, natural disasters, weather or acts of terrorism.
8. Publicity Release. Subject to applicable law, each winner irrevocably grants the Released Entities and each of their licensees, and its and their successors, assigns and sub-licensees the right and permission to use his/her name, voice, likeness, and/or biographical material for advertising, promotional and/or publicity purposes in connection with the Sweepstakes, in all forms of media and by all manner (now and hereafter known), and on and in connection with related products, services, advertising and promotional materials (now known or hereafter developed), worldwide, in perpetuity, without any obligation, notice or consideration except for the awarding of the prize to the winner. Entrants agree not to issue any publicity concerning the Released Entities and entrant releases the Sweepstakes and/or Released Entities from all claims arising out of the use of the attributes described above.
9. Disqualification/Termination. Sponsor is not responsible for lost, late, mutilated, misdirected, illegible, incomplete, inaccurate, or stolen entries or prize notifications. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Sweepstakes, to be acting in violation of these Official Rules, or to be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Sweepstakes, or to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. No mechanically reproduced, illegible, incomplete, forged, software-generated or other automated multiple entries will be accepted. Sponsor reserves the right to modify, extend, suspend, or terminate the Sweepstakes if it determines, in its sole discretion, that the Sweepstakes is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other causes beyond Sponsor’s control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of the Sweepstakes as contemplated herein. In the event an insufficient number of eligible entries are received and/or Sponsor is prevented from selecting a winner or continuing with the Sweepstakes as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made epidemic of health of other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis (e.g. SARS), order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), then Sponsor shall have the right to modify, suspend, or terminate the Sweepstakes. Only the prizes described in these Official Rules will be awarded. These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with law by a duly authorized representative of Sponsor. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATLY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
10. Limitation of Liability; Disclaimer of Warranties. IN NO EVENT WILL THE RELEASED ENTITIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICE AND/OR THE SWEEPSTAKES, DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY WEBSITES ASSOCIATED WITH THE SWEEPSTAKES. WITHOUT LIMITING THE FOREGOING, THIS SWEEPSTAKES AND ALL PRIZES ASRE 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 LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES 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.
The Released Entities are not responsible for: (a) any incorrect or inaccurate information, whether caused by entrant, printing, typographical or other errors or by any of the equipment or programming associated with or utilized in this Sweepstakes; (b) technical failures of any kind, including, but not limited to, malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (c) unauthorized human intervention in any part of the Submission process or the Sweepstakes; (d) printing, typographical, technical, computer, network or human error which may occur in the administration of this Sweepstakes, the uploading, the processing or random selection of entries, the announcement of the prizes or in any Sweepstakes-related materials; (e) late, lost, undeliverable, damaged or stolen mail; (f) 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 this Sweepstakes or receipt or use or misuse of any prize; (g) costs associated with claiming or redeeming the prizes; nor (h) loss or damages resulting from an entrant’s connection to the internet via any of the websites contained herein. The Released Entities are not responsible for any incorrect, mistranscribed, misdirected or undeliverable entries, E-mail transmissions, incorrect announcements of any kind, or for any technical problems of any kind, malfunctions of computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof. Sponsor assumes no responsibility for late, lost, incomplete, inaccurate or damaged entries, or undeliverable E-mails resulting from any form of active or passive E-mail filtering by a user’s Internet service provider and/or E-mail client or for insufficient space in user’s E-mail account to receive E-mail. Sponsor shall not be responsible for any occurrences resulting from the entrant’s connection to the internet via Sponsor’s Facebook Page. Sponsor does not accept responsibility for any damage (whether material or non-material) caused to entrants, to their computer equipment or to data which is stored on them, or to their personal, professional or commercial activities. Proof of submitting entries will not be deemed to be proof of receipt by Sponsor. The Released Entities are not responsible for any unauthorized third party use of any entries.
11. Disputes; Governing Law. All entrants/winners agree that: (a) any and all disputes, claims, and causes of action arising out of or connected with this Sweepstakes, or the prizes awarded shall be resolved individually, without resort to any form of class action, and solely and exclusively in a federal or state court located in the state of Michigan; entrants/winners submit to sole and exclusive personal jurisdiction to said courts in the state of Michigan for any such dispute and irrevocably waives any and all rights to object to such jurisdiction; (b) any and all claims, judgments, and awards shall be limited to actual out of pocket costs incurred, including costs associated with entering this Sweepstakes but in no event attorneys’ fees; and (c) under no circumstances will entrants/winners be permitted to obtain awards for and entrants/winners hereby waive 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 entrants/winner or the Released Entities in connection with this Sweepstakes shall be governed by, and construed in accordance with, the laws of the state of Michigan, without giving effect to any choice of law or conflict of law rules of provisions (whether of the state of Michigan, the United States, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the state of Michigan.
13. List of Winners. To obtain a list of winners, send a self-addressed, stamped envelope by July 31, 2015 to: Jam Wireless Audio, JAM Transit Headphone Sweepstakes Winners, 3000 Pontiac Trail, Commerce Township, Michigan 48390.
14. Sponsor. The sponsor of this Sweepstakes is FKA Distributing Co., LLC d/b/a HMDX, 3000 Pontiac Trail, Commerce Township, Michigan 48390.
THIS PROMOTION IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH, FACEBOOK. YOU ARE PROVIDING YOUR INFORMATION TO SPONSOR AND NOT TO FACEBOOK.