NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS-ACTION FORMAT.
Predator Triton 700 Giveaway (the “Sweepstakes”) is open only to legal residents of the fifty (50) United States (and the District of Columbia), who are at least thirteen (13) years old at the time of entry. Void where prohibited. Proof of residency and age may be required. Employees and directors of Acer, Sync Marketing LLC, Rational Interaction, Inc., and their subsidiaries, divisions, affiliates, and advertising or promotional agencies or individuals involved with the design, production, execution, or distribution of the Sweepstakes, and the immediate family and household members of such individuals, are not eligible to enter or win. “Immediate family members” shall mean parents, stepparents, children, stepchildren, siblings, stepsiblings, or spouses, regardless of where they live. “Household members” shall mean people who share the same residence at least three months a year, whether related or not. In order to enter the Sweepstakes or receive the prize, you must fully comply with these Official Rules and, by entering, you represent and warrant that you agree to be bound by these Official Rules and the decisions of the Sponsor, whose decisions shall be binding and final in all respects relating to this Sweepstakes.
2. Sponsor and Administrator
Sponsor: Acer America Corporation, 333 West San Carlos Street, Suite 1500, San Jose, CA 95110. Administrator: Sync Marketing LLC, 10960 Wellworth Avenue, Unit 301, Los Angeles, CA 90024.
Sweepstakes begins November 10, 2018, at 12:01 a.m. Pacific Time and ends December 10, 2018, at 11:59:00 p.m. Pacific Time (“Sweepstakes Entry Period”). Sponsor is the official time keeper for this Sweepstakes. The Sweepstakes is governed by these Official Rules and is subject to all applicable federal, state, local laws.
4. How to Enter
During the Sweepstakes Entry Period, go to www.trainingroom.gg (the “Website”) and register online by providing your first name, last name, and email address. After you register, you can receive entries by completing the following actions:
Special Considerations for YouTube: To participate in the Sweepstakes, if you do not already have a YouTube account, download the free YouTube application (compatible with iPhone, iPod touch, iPad, and Android) and create an account as instructed or create one at www.YouTube.com. Getting a YouTube account is free. Use of multiple YouTube accounts to register by the same individual is prohibited and may result in disqualification.
Special Considerations for Twitter: To participate in the Sweepstakes, if you do not already have a Twitter account, download the free Twitter application (compatible with iPhone, iPod touch, iPad, and Android) and create an account as instructed or create one at www.Twitter.com. Getting a Twitter account is free. Use of multiple Twitter accounts to register by the same individual is prohibited and may result in disqualification.
Limit four (4) entries per person regardless of method of entry during Sweepstakes Entry Period. Multiple entrants may not share the same email address, YouTube, or Twitter account. A potential winner may be requested to provide Sponsor with proof that he/she is the authorized account holder of the email address, YouTube, or Twitter account associated with the winning Entry and/or an eligible entrant. Entrants may not register/enter with multiple email addresses, YouTube, or Twitter accounts, nor may entrants use any other device or artifice to register/enter under multiple identities. Use of any automated system to enter is prohibited and will result in disqualification. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible, or misdirected entries, all of which will be ineligible to win a prize. In the event of a dispute as to any entrant, the authorized account holder of the email address used to enter 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. Potential winners may be required to show proof of being the authorized account holder to be awarded the prize. Entries will not be acknowledged or returned.
5. Winner Determination
On or about December 13, 2018, Administrator will select a potential winner for the prize described below in a random drawing of all valid entries received during the Sweepstakes Entry Period. Odds of winning depend on the number of eligible entries received during the Sweepstakes Entry Period. Potential winner will be notified by email using the email address provided with entry and will be required to respond within 48 hours of the time the notice was sent. Potential winner must follow the initial prize claim instructions and any subsequent claim instructions, or the prize will be forfeited in its entirety. Sponsor’s decisions as to the administration and operation of the Sweepstakes and the selection of the potential winner is final and binding in all matters related to the Sweepstakes. Failure to respond to an initial notification within 48 hours will result in disqualification.
6. POTENTIAL WINNER IS SUBJECT TO VERIFICATION BY SPONSOR AND/OR ADMINISTRATOR. SPONSOR AND ADMINISTRATOR’S DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE ADMINISTRATION, OPERATION, AND SELECTION OF THE WINNER AND OTHER MATTERS RELATED TO THE SWEEPSTAKES.
7. Verification of Potential Winner
Potential winner may be required to complete and return an Affidavit of Eligibility, Release of Liability, and Publicity Release (where permitted by law) (collectively, the “Affidavit”) by the date specified by Sponsor, or an alternate potential winner may be selected. In the event: (a) potential winner cannot be reached for whatever reason after a reasonable effort has been exerted or the potential winner notification or Affidavit is returned as undeliverable; (b) potential winner declines or cannot accept, receive, or use the prize for any reason; (c) of noncompliance with the above or within any of the aforesaid time periods; (d) potential winner is found to be ineligible to enter the Sweepstakes or receive the prize; (e) potential winner cannot or does not comply with the Official Rules; or (f) potential winner fails to fulfill the Affidavit-related obligations, the potential winner shall be disqualified from the Sweepstakes and an alternate potential winner may be selected, at Sponsor’s sole discretion, from among the other eligible entries received. Sponsor reserves the right to modify the notification and Affidavit procedures in connection with the selection of an alternate potential winner, if any.
8. Grand Prize
One (1) grand prize will be awarded. Grand prize winner will receive one (1) Acer Predator Triton 700 laptop model number PT715-51-732Q. Total approximate retail value of grand prize is $3,000. No cash equivalent for the prize. Prize is nontransferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute the listed prize for one of equal or greater value for any reason. Winner (or parent / legal guardian if winner is a minor) is responsible for all taxes and fees associated with prize receipt and/or use. All federal, state, and local tax liabilities, as well as any other costs and expenses not specified herein as being awarded are the sole responsibility of the winner. Winner (or parent / legal guardian if winner is a minor) may be required to complete and return an IRS W-9 form (i.e., Request for Taxpayer Identification Number and Certification). Prize will be awarded only if the potential winner fully complies with these Official Rules.
9. Entry Conditions and Release
Each entrant agrees to: (a) comply with and be bound by these Official Rules and the decisions of Sponsor and Administrator, which are binding and final in all matters relating to this Sweepstakes; and (b) defend, indemnify, release, and hold harmless the Sponsor, Administrator, Rational Interaction, Inc., YouTube, Twitter, and their respective parent, subsidiary, and affiliated companies, celebrities, and any other person and organization responsible for sponsoring, fulfilling, administering, advertising, or promoting the Sweepstakes, and all of their respective past and present officers, directors, employees, agents, and representatives (collectively, the “Released Parties”) from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye, or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright, or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a participant’s entry, creation of an entry or submission of an entry, participation in the Sweepstakes, acceptance, possession, attendance at, defect in, delivery of, inability to use, use or misuse of prize (including any travel or activity related thereto), and/or the broadcast, exploitation, or use of entry. Winner acknowledges that all prizes are awarded as-is, without warranty of any kind other than the manufacturer terms and conditions that accompany each prize. Each prize winner agrees to look solely to such manufacturer for any such warranty claim. Prizes will be delivered in approximately 6–8 weeks after confirmation of each winner’s eligibility. Award of prizes will be coordinated by Administrator.
Except where prohibited or restricted by law, winner’s acceptance of prize constitutes the winner’s agreement and consent for Sponsor and any of its designees to use and/or publish winner’s full name, city and state of residence, photographs or other likenesses, pictures, portraits, video, voice, testimonials, biographical information (in whole or in part), and/or statements made by winner regarding the Sweepstakes or Sponsor, worldwide and in perpetuity for any and all purposes, including but not limited to advertising, trade, and/or promotion on behalf of Sponsor, in any and all forms of media, now known or hereafter devised, including but not limited to print, TV, radio, electronic, cable, or World Wide Web, without further limitation, restriction, compensation, notice, review, or approval.
11. General Conditions
Sponsor and its subsidiaries, affiliates, divisions, partners, representatives, agents, successors, assignees, employees, officers, and directors shall not have any obligation or responsibility, including any responsibility to award any prize to entrants, with regard to: (a) entries that contain inaccurate information or do not comply with or violate the Official Rules; (b) entries, prize claims, or notifications that are lost, late, incomplete, illegible, unintelligible, damaged, or otherwise not received by the intended recipient, in whole or in part, due to computer, human, or technical error of any kind; (c) entrants who have committed fraud or deception in entering or participating in the Sweepstakes or claiming the prize; (d) telephone, electronic, hardware, software, network, Internet, or computer malfunctions, failures, or difficulties; (e) any inability of the winner to accept the prize for any reason; (f) if a prize cannot be awarded due to delays or interruptions due to Acts of God, natural disasters, terrorism, weather, or any other similar event beyond Sponsor’s reasonable control; or (g) any damages, injuries, or losses of any kind caused by any prize or resulting from awarding, acceptance, possession, use, misuse, loss, or misdirection of any prize or resulting from participating in this Sweepstakes or any promotion- or prize-related activities. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be: (a) tampering with the entry process or the operation of the Sweepstakes, or with any Website promoting the Sweepstakes; (b) acting in violation of the Official Rules; or (c) entering or attempting to enter the Sweepstakes multiple times through the use of multiple email addresses or the use of any robotic or automated devices to submit entries. If Sponsor determines, in its sole discretion, that technical difficulties or unforeseen events compromise the integrity or viability of the Sweepstakes, Sponsor reserves the right to void the entries at issue, and/or terminate the relevant portion of the Sweepstakes, including the entire Sweepstakes, and/or modify the Sweepstakes, and/or award the prize from all eligible entries received as of the termination date.
12. Limitations of Liability
The Released Parties are not responsible for: (a) any incorrect or inaccurate information, whether caused by entrants, printing errors, or by any of the equipment or programming associated with or utilized in the Sweepstakes; (b) undelivered communications or 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 entry process or the Sweepstakes; (d) technical or human error in the administration of the Sweepstakes or the processing of registrations; or (e) 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 the Sweepstakes or receipt or use or misuse of any prize. If for any reason an entrant’s registration is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Sweepstakes, if possible. No more than the stated number of each prize will be awarded.
Arbitration Clause Void. If this Section (Disputes) is found to be unenforceable, then the entirety of this arbitration provision shall be null and void, in which case any and all disputes, claims, and causes of action arising out of or connected with the Sweepstakes or these Official Rules shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Northern District of California or the appropriate California Superior Court located in Santa Clara County, California. Entrant agrees that: (a) any and all disputes, claims, and causes of action arising out of or connected with this Sweepstakes, or any prizes awarded, shall be resolved individually, without resort to any form of class action; (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 entrant be permitted to obtain awards for, and entrant hereby waives 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 LIMITATIONS 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 the entrant and Sponsor 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 (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.
15. Sweepstakes Results For Sweepstakes results, visit www.trainingroom.gg after January 1, 2019.
This Sweepstakes is in no way sponsored, endorsed, or administered by, or associated with, YouTube or Twitter. Any and all questions, comments, or complaints regarding the Sweepstakes must be directed only to Administrator and not YouTube or Twitter.