Official Rules for the Ultimate Ears Sweepstakes
ALL FEDERAL, STATE, LOCAL, AND MUNICIPAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED.
Eligibility: The Ultimate Ears Sweepstakes (the “Sweepstakes”) is open only to legal residents of the United States who are at least eighteen (18) years old (except residents of Alabama and Nebraska, 19 years of age or older) at the time of entry. Residents of the UK, Australia, Canada, Switzerland, New Zealand, Spain and France. Ultimate Ears employees (as well as their immediate family (spouse, parents, siblings, and children) and household members of those employees) ("Sponsor") and other companies associated with the promotion of the Sweepstakes, and each of their respective parent companies, subsidiaries, affiliates and advertising and promotion agencies as are not eligible for entry. The Sweepstakes is subject to federal, state, and the local laws and regulations where a participant is located (the “Local Regulations''). If the Sweepstakes is prohibited by any Local Regulations, you are prohibited from participating in the Sweepstakes, and the Sponsor, in its sole discretion, may take steps to limit or ban your participation.
Sponsors: The Sweepstakes is sponsored by Ultimate Ears, (“Ultimate Ears”). This Sweepstakes is in no way sponsored by, endorsed by, administered by, or associated with Instagram or Facebook.
Agreement to Official Rules: Participation in the Sweepstakes constitutes entrant’s full and unconditional agreement to and acceptance of these official rules (the “Official Rules”) and the decisions of the Sponsors, which are final and binding. Winning a prize is contingent upon being compliant with these Official Rules and fulfilling all other requirements set forth herein.
Sweepstakes Entry Period: The Sweepstakes full entry period begins on July 6th, 2021 at midnight PT and ends on September 30th, 2021 at 11:59PM PT (“Sweepstakes Entry Period”). With 8 finalists being selected during each “Period”, with 4 from each being selected as winners. Entries that are submitted before or after the Sweepstakes Entry Period will not be eligible and will be disqualified. Ultimate Ears’s computer is the official time- keeping device for the Sweepstakes.
Period 1 - 6th July - 19th July
Period 2 - 20th July - 2nd August
Period 3 - 3rd August - 16th August
Period 4 - 17th August - 30th August
Period 5 - 31st August - 13th September
Period 6 - 14th September - 30th September
All periods will open from 1200:01am PST on the first day stated and close at 23:59pm PST on the final day.
How to Enter:
Post an image or video on Instagram of you using an Ultimate Ears Speaker with the hashtag #GoBOOM and #UltimateEars. The use of an agency or any automated system to enter is strictly prohibited, and Sponsor reserves the right to disqualify any entries received through such methods, as determined by Sponsor, in its sole discretion. All entries received will not be acknowledged or returned. Sponsor, at its sole discretion, shall determine whether entries are valid and submitted during the Sweepstakes Entry Period. Entrant bears all costs of participating in this Sweepstakes including, but not limited to, any internet connection fees. Only one entry allowed per entrant, per entry period.
Winner Selection: Sponsor will randomly select 2 final images every two weeks and allow followers to decide the winner by Instagram stories vote, no later than seventy-two (72) hours after each Sweepstakes Entry Period. Odds of winning in the drawing depend on the number of eligible entries received. Sponsor will attempt to notify the potential winners via Instagram direct message within 72 hours of winner selection. If a potential winner cannot be contacted within 72 hours after the date of the first attempt to contact him/her, Sponsor may, at its sole discretion, select an alternate potential winner in his/her place at random from the remaining eligible entries.
Requirements of potential winner(s): Except where prohibited, a potential winner may be required to complete and return an affidavit of eligibility and liability/publicity release. If a potential winner is a minor, his/her parent or legal guardian will be required to sign the documents on his/her behalf and fulfill any other requirements imposed on potential winners set forth herein. If a potential winner fails to sign and return these documents within the required time period, or if Sponsor attempts to deliver the prize and it is returned as undeliverable, the potential winner is deemed to have forfeited the prize and an alternate potential winner may be selected in his/her place in a random drawing of all remaining eligible entries received. Potential winners must continue to comply with all terms and conditions of these Official Rules and winning is contingent upon fulfilling all requirements. In the event a potential winner is disqualified for any reason, Sponsor will award the applicable prize to an alternate winner by random drawing from among all remaining eligible entries. Only three (3) alternate drawings will be held, after which the prize will remain un-awarded. Prizes will be fulfilled approximately 2-4 weeks after the conclusion of the prize drawing.
Prizes and Taxes: The winner will receive a prize consisting of an Ultimate Ears bluetooth speaker, matching the specification of their existing product. If for any reason a matching product isn’t available, a BOOM 3 bluetooth speaker (US $149) will be provided. All federal, state and/or local income and other taxes, and any and all other costs and expenses not listed above, if any, are the winner’s sole responsibility. Any Prize details not specified above will be determined by Sponsor, in its sole discretion. The Prize may not be transferred and must be accepted as awarded. By accepting the Prize, the winner agrees to grant usage permission of their image with the Prize on Instagram and custom.ultimateears.com.
No Prize Transfer or Substitution: No Prize or any portion thereof is transferable, assignable or redeemable for cash. If the Prize cannot be awarded for any reason, Sponsor reserves the right to provide a cash payment or substitute a prize of comparable value.
General Conditions: In the event that the operation, security, or administration of the Sweepstakes is impaired in any way for any reason, including, but not limited to fraud, virus, bug, worm, a change to any applicable terms of service, unauthorized human intervention or other technical problem, or in the event the Sweepstakes is unable to run as planned for any reason, as determined by Sponsor in its sole discretion, Sponsor may, in its sole discretion, either (a) suspend the Sweepstakes to address the impairment and then resume the Sweepstakes in a manner that best conforms to the spirit of these Official Rules or (b) terminate the Sweepstakes and, in the event of termination, award the Prize at random from among the eligible entries received up to the time of the impairment. Sponsor reserves the right in its sole discretion to disqualify any individual found to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to damage the website or undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages (including attorney’s fees) and any other remedies from any such person to the fullest extent permitted by law. Failure by Sponsor to enforce any provision of these Official Rules shall not constitute a waiver of that provision, any rights or remedies available to Sponsor, whether set forth in these Official Rules or elsewhere. Proof of sending any communication to Sponsor by mail shall not be deemed proof of receipt of that communication. In the event of a dispute as to the owner of an online entry, the authorized account holder of the e-mail address used to enter will be deemed to be the owner.
Release and Limitations of Liability: By participating in the Sweepstakes, entrants agree to release and hold harmless, collectively and individually, Sponsor, advertising and promotion agencies, Instagram, other companies associated with the Sweepstakes, and each of their respective parent companies, subsidiaries, affiliates, officers, directors, employees, shareholders, representatives, and agents (the “Released Parties”) from and against any claim or cause of action arising out of participation in the Sweepstakes or receipt or use of any Prize, including, but not limited to: (a) any technical errors associated with the Sweepstakes, including lost, interrupted or unavailable Internet Service Provider (ISP), network, server, wireless service provider, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone, cellular tower or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties; (b) unauthorized human intervention in the Sweepstakes; (c) mechanical, network, electronic, computer, human, printing or typographical errors; (d) application downloads, (e) any other errors or problems in connection with the Sweepstakes, including, without limitation, changes to any applicable terms of service, errors that may occur in the administration of the Sweepstakes or the processing of entries, the announcement of the winner, the cancellation or postponement of the Sweepstakes, the incorrect downloading or processing of entries or any Sweepstakes related materials; or (f) injury, death, losses or damages of any kind, to persons or property which may be caused, directly or indirectly, in whole or in part, from entrants participation in the Sweepstakes or acceptance, receipt or misuse of the Prize. Entrant further agrees that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Sweepstakes, and in no event shall the entrant be entitled to receive attorney’s fees. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Sweepstakes. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
Disputes: Except where prohibited, each entrant agrees that any and all disputes, claims and causes of action arising out of, or connected with, the Sweepstakes or any Prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the State of California. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrant’s rights and obligations, or the rights and obligations of the Sponsors in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules.
Winner List: To request the name of the winner, send a self-addressed, stamped envelope to Ultimate Ears Custom, 7700 Gateway Blvd., Newark, CA 94560 USA, or by email to firstname.lastname@example.org. Requests for the winner name will only be accepted after the promotion end date (listed above) through October 10th, 2021.
All rules and regulations are subject to change, without notice and at the sole discretion of Ultimate Ears.