Survey giveaway terms and conditions

NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. ALL FEDERAL, STATE, LOCAL, AND MUNICIPAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED.
 

Eligibility: The UE FITS Giveaway (the “Giveaway”) 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. 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 Giveaway, and each of their respective parent companies, subsidiaries, affiliates and advertising and promotion agencies as are not eligible for entry. The Giveaway is subject to federal, state, and the local laws and regulations where a participant is located (the “Local Regulations”). If the Giveaway is prohibited by any Local Regulations, you are prohibited from participating in the Giveaway, and the Sponsor, in its sole discretion, may take steps to limit or ban your participation.
 
Sponsors: The Giveaway is sponsored by Ultimate Ears, (“Ultimate Ears”). This Giveaway is in no way sponsored by, endorsed by, administered by, or associated with SurveyMonkey.
 
Agreement to Official Rules: Participation in the Giveaway 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.
  
How to Enter: You will be automatically entered in the drawing after completing the survey you received in your email. Entree must use unique survey link.
 
Winner Selection: Sponsor will randomly select one (1) winner. Sponsor will attempt to notify the potential winner email 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.
  
Prizes and Taxes: The winner will receive a prize consisting of Ultimate Ears FITS earbuds (the “Prize”). The Prize color varies and the winner will not have the option to choose the Prize’s color. 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.
 
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 Giveaway 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 Giveaway 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 Giveaway to address the impairment and then resume the Giveaway in a manner that best conforms to the spirit of these Official Rules or (b) terminate the Giveaway 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 Giveaway 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 Giveaway 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 Giveaway, entrants agree to release and hold harmless, collectively and individually, Sponsor, other companies associated with the Giveaway, 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 Giveaway or receipt or use of any Prize, including, but not limited to: (a) any technical errors associated with the Giveaway, 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 Giveaway; (c) mechanical, network, electronic, computer, human, printing or typographical errors; (d) application downloads, (e) any other errors or problems in connection with the Giveaway, including, without limitation, changes to any applicable terms of service, errors that may occur in the administration of the Giveaway or the processing of entries, the announcement of the winner, the cancellation or postponement of the Giveaway, the incorrect downloading or processing of entries or any Giveaway 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 Giveaway 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 Giveaway, 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 Giveaway. 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 Giveaway 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 Giveaway, 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.
 
Privacy and Publicity: Information collected from entrants is subject to each Sponsor’s privacy policy. To view Ultimate Ears privacy policy, please visit: https://www.ultimateears.com/en-us/legal/web-privacy-policy.html. You may opt-out of receiving such messages by contacting: custom@ultimateears.com. The purchase of a Sponsor product is not required to participate in the Giveaway.
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