THIS SWEEPSTAKES SHALL BE CONSTRUED ACCORDING TO, AND GOVERNED EXCLUSIVELY BY CALIFORNIA AND UNITED STATES LAW. VOID WHEREVER RESTRICTED BY, WITHOUT LIMITATION, FILING OR REGISTRATION REQUIREMENTS, OR OTHERWISE PROHIBITED OR RESTRICTED BY LAW.
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. INTERNET ACCESS AND TWITTER ACCOUNT ARE REQUIRED TO ENTER.
1. ELIGIBILITY: The Linux Foundation “Win a Gear 2” Sweepstakes (referred to as the “Sweepstakes” or the “Promotion”) is offered and open only to those individuals, 18 years or older at time of entry (eligible “entrants”). Employees, officers and directors of The Linux Foundation (“Sponsor”), Intel, Samsung, MSL Group, advertising and promotion agencies, prize suppliers, and those individuals and entities involved in the preparation of materials for, administration and/or execution of this Promotion (all collectively the “Promotion Entities”), and the immediate family members (defined as parents, children, siblings and spouse, including step and foster relations) regardless of where they reside, and/or individuals living in the same household (whether or not related) of any of the Promotion Entities are not eligible to participate in the Promotion.
By entering the Promotion, each entrant fully and unconditionally agrees to and accepts these Official Rules, and any additional instructions, and terms and conditions specific to the Promotion communicated by Sponsor (including its authorized representatives, collectively referred to herein as the “Sponsor”). By entering, entrants further agree to be bound to the decisions of the Sponsor, which are final and binding in all matters pertaining to the Promotion.
2. PROMOTION PERIOD: Promotion starts on or about 12:00 a.m. Pacific Time (“PT”) on May 22, 2014 and ends at 11:59 p.m. PT on May 30, 2014 (“Promotion Period”). All time referenced herein is Pacific Time. Sponsor’s clock/server is the official time-keeping device for this Promotion. ENTRANTS ARE SOLELY RESPONSIBLE FOR DETERMINING THE CORRESPONDING TIME ZONE IN THEIR RESPECTIVE JURISDICTIONS; SPONSOR DISCLAIMS ALL LIABILITY AND RESPONSIBILITY RELATING THERETO.
3. HOW TO ENTER: During the Promotion Period, log on to your Twitter account and tweet Sponsor a message @tizenassn using hashtags #WinGear2 and #TDCSF2014 (“entry”). You may enter up to five times, provided each tweet/entry is entirely unique from any other you submit (as determined by Sponsor in its sole and absolute discretion). Limit up to five (5) entries per person. All entries must be received during the Promotion Period. Once submitted, entry cannot be modified, deleted or cancelled. If you don’t have a Twitter account, you can obtain one without charge by simply following the on-line instructions to set up an account and accept the applicable terms and conditions of use. Entries become the property of Sponsor and will not be returned. Sponsor reserves the right, at its reasonable discretion to immediately refuse, disqualify, or withdraw any entry and/or entrants at any time during or after the Promotion. Without limiting the foregoing, if at any time an entrant and/or winner is found to have breached, violated or failed to comply with these Official Rules (or any subsequent agreement), in whole or in part, at any time, or is or found at any time to have been ineligible, they will be immediately disqualified and agree to immediate return in full any and all prizes to Sponsor (if applicable). Entries that are/appear to be: obscene, hurtful, offensive, sexually inappropriate, overtly political or religious, discriminatory, highly sensitive, untimely, incomplete, derogatory, repugnant, lacking good faith, not in the spirit of the Promotion, incorporate illegal acts, violence, nudity or explicit activity, cruelty, hatred, constitute spam or phishing, or are otherwise unsuitable for any other reason, as determined solely by Sponsor (in its sole and absolute discretion), will be disqualified and are void.
This Promotion is in no way sponsored, endorsed or administered by, or associated with Twitter. You understand that you are providing your information to Sponsor, and not to Twitter.
Entries submitted via any other channel(s) will not be eligible for the Sweepstakes. Entries may only be submitted by a single registered user on the applicable social network, group submissions are not permissible. Multiple entrants are not permitted to share the same device, IP or email address. Entrants may not enter through a sweepstakes club (or similar method), with multiple identities, devices, IP, e-mail and/or street addresses, nor shall entrants use any other robotic, bot, device or artifice to enter. Any entrant who is suspected (in Sponsor’s sole determination) of engaging in cheating, fraud, illegitimate entry methods, or otherwise attempts to participate more than the permitted number of times, or with multiple e-mail and/or addresses, or under multiple identities will be disqualified. In the event of a dispute as to the identity of an online entrant, the authorized account holder of the email address used in connection with the Twitter account will be deemed to be the entrant. Potential winner may be required to show proof of being the authorized account holder whose email was used to enter. The “authorized account holder” is the natural person assigned to an email address by an Internet service provider, online service provider, or other organization responsible for assigning email addresses for the domain associated with the submitted email address.
Entries posted without the hash tag will not be eligible and will not be considered. Normal internet access and device usage charges imposed by your mobile plan and/or on-line service will apply. Sponsor cannot guarantee this Sweepstakes will be available via all wireless carriers; Sweepstakes will be available on participating wireless carriers only. Wireless carrier’s instructions may vary. Standard data plan rates may apply. Other charges may also apply; check your mobile plan for rates/details relating to participation in the Sweepstakes via mobile URL. If you don’t have a Twitter account, you can obtain one without charge by simply following the on-line instructions to set up an account and accept the applicable terms and conditions of use.
Promotion Entities assume no responsibility for: lost, late, delayed, incomplete, inaccurate, stolen, misdirected, or illegible entries; computer/server, telephone, network, electronic, digital, wireless or Internet hardware or software malfunctions, failures, connection problems, or unavailability; garbled, corrupt, or jumbled transmissions; incompatibility; service provider, Internet, Web site, device, network, user, inaccessibility or unavailability, congestion; technical errors; unauthorized human intervention; human errors; or the delayed, incorrect or inaccurate capture of entry or other information, or failure to capture any such information. Proof that you uploaded an entry is not proof of its receipt or eligibility for the Promotion.
4. DRAWING: A random drawing will conducted by Sponsor (or its authorized representative) from among all eligible entries received during the Promotion Period on or within approx. five working days following the end of the Promotion Period. Winner will be notified by telephone, email or mail (at Sponsor’s discretion) on or within ten (10) business days of the drawing, using the contact information provided at time of entry. Potential winner may be required to complete, have notarized and return a Declaration of Eligibility and Liability/Publicity Release within the time specified in order to receive the applicable prize, subject to compliance with these Official Rules and confirmation of eligibility.
5. PRIZE/ODDS: Grand Prize (1): a Samsung® Gear 2 Smart Watch (approximate retail value “ARV”: $299). Odds of winning depend on the number of eligible entries received during the Promotion Period.
No transfer, assignment or substitution of prize (in whole or in part) is allowed except by Sponsor who reserves the right to substitute a prize of equal or greater value. Prize is not redeemable for cash. Difference between ARV and actual value of the prize will not be awarded as cash or otherwise. All federal, state and local taxes, if any, are the sole responsibility of the winner. In the event that technological, programming, erroneous communications or other errors cause more than the stated number of prizes as indicated in these Official Rules, to be sent as notifications, distributed, announced, claimed or received for any prize, Sponsor reserves the right, at its sole discretion, to award only the stated number of prizes by random drawing among all eligible, non-suspect claimants (in that prize category as applicable). Prize awards are subject to verification of eligibility and compliance with these Official Rules. Prize may not be sold, resold, auctioned, bartered, assigned, exchanged, placed in commerce, transferred, given away, donated, or otherwise conveyed or placed into any channels of distribution. Any depiction of a prize in advertising or promotional materials is for illustrative purposes only and depicted prizes may not be the actual prize awarded.
6. GENERAL: In the event of noncompliance, if a potential winner cannot be reached on or within two (2) attempts, or if required Release documentation is not returned as requested, or if potential winner is non-compliant, disqualification and prize forfeiture will result and an alternate potential winner may be selected. After two (2) unsuccessful attempts to verify an alternate winner, the respective prize will remain un-awarded. Prize or prize notifications that are un-awarded, unclaimed, returned, unresponsive, untimely, or otherwise undeliverable will be forfeited and will not be re-awarded. BY PARTICIPATING, PARTICIPANTS AGREE TO THE FULLEST EXTENT PERMITTED BY LAW TO RELEASE, DISCHARGE AND HOLD HARMLESS THE SPONSOR, ITS PARENT, AFFILIATES AND SUBSIDIARY COMPANIES, TWITTER, INTEL, SAMSUNG, MSL, ADVERTISING AND PROMOTION AGENCIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, INDEPENDENT CONTRACTORS, REPRESENTATIVES AND AGENTS (“RELEASED PARTIES”) FROM AND AGAINST ANY AND ALL ALLEGED AND/OR ACTUAL CLAIMS, ACTIONS, DEMANDS, LOSSES, SETTLEMENTS (WHETHER OR NOT LITAGATION IS COMMENCED), LIABILITIES AND DAMAGES OF ANY KIND WHATSOEVER EXISTING NOW OR ARISING IN THE FUTURE (INCLUDING, WITHOUT LIMITATION, BODILY INJURY, PERSONAL INJURY, DEATH, DISABILITY AND PROPERTY DAMAGE OR LOSS), COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES, COURT COSTS, SETTLEMENT AND DISBURSEMENTS) DIRECTLY OR INDIRECTLY ARISING IN WHOLE OR IN PART OUT OF DELIVERY, ACCEPTANCE, POSSESSION, USE OR MISUSE OF A PRIZE, PARTICIPATION IN ANY PRIZE RELATED ACTIVITIES, ACCESS TO ANY WEB SITES, AND/OR PARTICIPATION IN THIS PROMOTION OR ANY ELEMENT THEREOF. Entrants and winner covenant not to sue any Released Party or cause them to be sued regarding any matter released above; and further covenant not to disaffirm, limit or rescind this release to the fullest extent permitted by law. A waiver by one or more of the Promotion Entities of any term in these Official Rules does not constitute a waiver of any other provision. By entering and/or accepting a prize, entrants and winner hereby consent, where lawful, to the use by Sponsor (and its authorized third parties) of their name, image, likeness, voice, hometown, and/or biographical information in any and all media now known or hereafter developed worldwide, and on the Internet and World Wide Web, without additional compensation, and without the right of review, notification or approval. Any depiction of prize or any element thereof in advertising or promotional materials is for illustrative purposes only and may not be the actual prize awarded.
7. LIMITATIONS OF LIABILITY: Promotion Entities are not responsible for injury or damage to participants' or to any other person's computer/device related to or resulting from participating in this Promotion or downloading materials from or use of the Web site. If, for any reason, the Promotion or any element thereof is not capable of running as planned by reason of, but not limited to, infection by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, cheating, technical failures, or any other causes which Sponsor deems, in its sole opinion, could corrupt or affect the administration, security, fairness, integrity or proper conduct of this Promotion or any element thereof, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Promotion, or any element thereof, and select the winner by random from eligible, non-suspect entries received prior to the action or as otherwise may be deemed equitable by Sponsor. Promotion Entities shall not be liable to winner or any other person for failure to execute the Promotion or any element thereof, or supply a prize by reason of any act of God, any action(s), regulation(s) order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, terrorist acts, cyber attacks, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any similar or dissimilar event beyond their reasonable control.
In no event will Promotion Entities, their parents, affiliates, subsidiaries and related companies, their advertising or promotion agencies and/or all their respective officers, directors, employees, independent contractors, representatives and agents, be responsible or liable for any damages or losses of any kind, including indirect, incidental, consequential or punitive damages arising out of participation in the Promotion or any element thereof, prize related activities, access to, and use of, any communications networks, participating internet site(s) or the downloading from and/or printing material downloaded from said site(s). Without limiting the foregoing, everything on the web sites are 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, and non-infringement. Except for any standard warranty that may be provided by the manufacturer and/or supplier of a prize, or any element thereof, to the winner, if any, sponsor has not made, and sponsor is not responsible in any manner for, any warranties, representations or guarantees, express or implied, in fact or law, relating to any prize, or any element thereof, including but not limited to, the quality, mechanical condition, merchantability, fitness for a particular purpose, and non-infringement.
THIS PROMOTION IS GOVERNED BY THE LAWS OF THE UNITED STATES AND THE STATE OF CALIFORNIA WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Promotion, participants agree that any and all disputes that cannot be resolved between the parties and causes of action arising out of or connected with this Promotion shall be resolved individually, without resort to any form of class action, exclusively before a neutral one-person arbitration panel located in San Francisco, CA.
8. WINNER LIST: For the name of the winner, send a self-addressed, stamped envelope to: The Linux Foundation, “Win a Gear 2” Sweepstakes Winner List Request, 660 York Street, Suite 102, San Francisco, CA. Requests must be received on or by May 30, 2014. Limit one request per person, or per household address.
9. SPONSOR: The Linux Foundation, 660 York Street, Suite 102, San Francisco, CA.