mophie VDay Contest
MOPHIE V-DAY 2014 @ COSMO LV CONTEST
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS CONTEST. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING.
The object of the Contest is to tweet about the mophie Valentine’s Day 2014 Cosmopolitan LV contest to your friends and followers (the “Entry” or “Entries”). You must follow @mophie on Twitter, submit your Entry via a public Twitter account and include the hashtag #mophieVDay (the “Hashtag”), in accordance with these Official Rules to be eligible. One (1) or more representative(s) of mophie (the “Judges”) will select the best eligible Entry in accordance with these Official Rules and based upon criteria set forth in the Selection of Prize Winner (Section 5) below to determine the Prize Winner (defined below).
1. CONTEST PERIOD: The Contest begins on February 3, 2014 at 12:00 a.m. Pacific Standard Time (“PST”) and ends on February 6, 2014 at 11:59 p.m. PST (the “Contest Period”). Entries must be tweeted within the Contest Period to be valid and eligible for the Contest. Sponsor’s computer system is the official time-keeping device for the Contest.
2. ELIGIBILITY: Entry in the mophie V-Day 2014 @ Cosmo LV Contest (the “Contest”) is open only to legal residents of the United States or Canada (excluding the Province of Quebec) who are at least eighteen (18) years of age and have a valid personal Twitter account and a valid personal e-mail account.
Employees of mophie, LLC (“mophie” or “Sponsor”) and its subsidiaries, affiliates, sales representatives, advertising, promotion, and fulfillment agencies, directors, officers and contractors, (“Contest Entities”) and each of their immediate family members and persons living in their same household are not eligible. Individuals who previously won a prize from Sponsor in any contest or sweepstakes during the previous one (1) year period are ineligible to enter the Contest. All applicable federal, state and local laws and regulations apply. Void where prohibited or restricted by law. Entry in the Contest is in no way sponsored, endorsed or administered by, or associated with Twitter. Entrant understands that he/she is providing his/her information to Sponsor and not to Twitter.
3. HOW TO ENTER: During the Contest Period, you may enter the Contest by following mophie and sending your tweets to your friends and followers as specified below. Data and message rates may apply. Be sure to consult your wireless provider. Sponsor is not responsible for any charges wireless service providers may charge entrant.
A. Twitter Entry. To receive and gain one (1) entry into the Contest, you must:
(i) Log-in to or create your Twitter account and “follow” @mophie on Twitter.
(ii) Tweet a message to your friends and followers using the @mophie tweet about the mophie Valentine’s Day 2014 Cosmopolitan LV contest and include the hashtag #mophieVDay.
(iii) Entrant’s and his or her followers and friends’ Twitter profiles must be set to “public” and/or “unprotected” for the duration of the Contest Period in order for the Entry/Entries to be eligible. Entrant will not be notified if his/her privacy settings or the privacy settings of his/her friends and followers preclude entry and could be disqualified.
(iv) Entrant and his/her friends and followers can unfollow @mophie on Twitter and set his/her profile to “private” at any time after the end of the Contest Period.
(v) All access and use of Twitter must be in accordance with the terms and conditions of Twitter’s Terms of Service found at https://twitter.com/tos.
B. ENTRY LIMIT: The entrant may tweet to multiple friends and followers but cannot tweet a Contest-related tweet to the same friend or follower more than once during the Contest Period. Multiple entrants are not permitted to share the same e-mail or Twitter account.
Any attempt by any entrant to submit more than the permitted number of Entries by tweeting to the same friend or follower more than once, using multiple/different Twitter accounts, identities, registration, logins, addresses or through any other methods or violating any of these Official rules during the Contest Period, may result in disqualification.
C. Please also note the following important entry requirements:
All Entries will be declared made by the authorized account holder of the e-mail account registered to the Twitter account that submitted the Entry and he/she must comply with these Official Rules.
Entry submissions generated by script, macro, mechanical or other automated means or by any means which subvert the entry process are void.
All Entries posted/submitted become the sole property of the Sponsor and will not be returned.
The Entries submitted must not contain viruses, Trojan horses, worms, bots, spyware or any other computer code that is intended to or may damage, interfere with, or surreptitiously intercept or expropriate any system, data or information.
Any Entry deemed inappropriate or unsuitable in any respect, in Sponsor’s sole discretion, will be disqualified.
By entering the Contest each entrant agrees that and all rights to his/her Entry, regardless of whether or not it is selected as the winning Entry, including but not limited to copyright and ownership, become the property of Sponsor and will not be returned. Sponsor shall have the exclusive right to use, reproduce, license, transfer or modify any Entry for any purpose, including without limitation television commercials, online commercials, print advertising, and collateral and other marketing items as Sponsor deems fit in its sole discretion. If requested, entrant will within seven (7) days provide a signed release or other documentation in a form to be provided by Sponsor that Sponsor deems to be required for Sponsor or its designees to make use of the rights entrant is granting to use the Entry.
Entries must not (a) contain content that violates or infringes another’s rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright and/or trademark infringement; (b) disparage Sponsor or any other person or party affiliated with the promotion and administration of this contest; (c) contain content that is inappropriate, indecent, obscene hateful, tortious, defamatory, slanderous, or libelous; (d) contain content that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; or (e) contain content that is unlawful, in violation of or contrary to the laws or regulations in any jurisdiction where the Entry is created.
4. PRIZE: One (1) prize package (the “Prize”) will be awarded in this Contest and will consist of the following items: (i) Two (2) nights hotel accommodations (arriving on February 14, 2014 and departing on February 16, 2014) at The Cosmopolitan’s City Room or Terrace Studio Room, as determined by Sponsor in its sole and absolute discretion; (ii) Two (2) tickets to the Bruno Mars concert on Saturday, February 15, 2014 at 8:00 P.M. at The Chelsea performance center located at The Cosmopolitan; (iii) $200.00 USD in dining credits at The Cosmopolitan; and (iv) mophie products with an approximate retail value of $200.00 USD. The Prize has a total Approximate Retail Value of One thousand one hundred thirty U.S. Dollars ($1,130.00 USD). The Cosmopolitan of Las Vegas (“The Cosmopolitan”) is located at 3708 Las Vegas Boulevard South, Las Vegas, Nevada 89109. The Prize is not redeemable for cash or substitution. All expenses and taxes related to the Prize, including federal, state and local taxes, are the sole responsibility of winner. The prize does not include transportation costs, which are the sole responsibility of winner.
The Internal Revenue Service (“IRS”) requires Form 1099-MISC to be issued and filed for each Prize recipient who received a prize/award if the annual aggregate is at least Six Hundred U.S. Dollars ($600.00 USD) or more. Winners who are USA residents must complete and submit an IRS W-9 form to receive any prize. The Prize recipient is responsible for any income tax liability and should consult his/her tax advisor and/or independent counsel regarding prize winnings and for the proper tax treatment of this income on his/her tax return.
5. SELECTION OF PRIZE WINNER: During each day of the Contest Period, a participant may send the tweet #mophieVDay to his/her friends and followers in accordance with these Official Rules. On February 7, 2014 the winning tweet will be selected by the Judges from eligible Entries received. Entries will be judged based on creativity, originality and relevance of the tweet to the Contest theme. The entrant who submitted the winning tweet during the Contest Period will be declared the winner (“Prize Winner”).
The Judges’ and/or Sponsor’s decisions will be final and binding on all matters related to the Contest.
6. WINNER NOTIFICATION AND PRIZE CLAIM:
A. The Prize Winner will be notified via a Twitter direct message sent by @mophie to the account from which the Entry was submitted (the Twitter account the potential winner used to enter the Contest). In order to receive the Twitter direct message, the winner’s account settings must be set to "unprotected" and/or "public". To claim his or her Prize, the winner must respond to mophie’s Twitter direct message within twenty four (24) hours from the notification by contacting mophie via e-mail at email@example.com and following the Prize claim instructions as specified in the notification, or the Prize will be forfeited.
B. The Prize Winner will also be included and featured on mophie’s Facebook page (www.facebook.com/mophie), Instagram account, Twitter account and/or company website on or after February 7, 2014.
C. The Prize will be awarded only to a Prize Winner who has presented his or her own positive, government-issued identification and who has signed/acknowledged and returned applicable tax forms, an Affidavit of Eligibility, Release of Liability and (where legal) Publicity Release to Sponsor within twenty four (24 hours from the notification date. If a selected winner cannot be contacted; is ineligible; fails to claim a Prize; and/or where applicable, an appropriate tax form, Affidavit of Eligibility, Release of Liability and/or Publicity Release is not timely executed and delivered to Sponsor, or is incomplete or modified; if a Prize is returned as undeliverable; or if the potential winner fails to comply with any of the terms of these Official Rules; the potential winner may be disqualified, the Prize will be deemed forfeited and, at Sponsor’s sole discretion, an alternate winner may selected from among all remaining valid, eligible entries received and the Prize may be awarded to an alternate winner. Each potential winner may be required to show proof of being the Authorized Account Holder. In the event of a dispute regarding who submitted an Entry, the Entry will be deemed submitted by the Authorized Account Holder of the e-mail account specified in the Entry. “Authorized Account Holder” is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Sponsor is not responsible for the failure of any communication, including without limitation, winner notifications via e-mail, Twitter, Facebook, or Instagram that are the result of technical, system or transmission errors. Sponsor may cancel, modify or suspend the contest based upon any such error without liability at Sponsor’s sole discretion.
7. DELIVERY OF PRIZE: The Prize may be claimed by the Prize winner: (i) at a location to be designated by Sponsor; or, at the Prize winner’s option, (ii) via shipment to a valid address specified by the Prize winner. Winning the Prize is contingent upon fulfilling all requirements set forth herein.
8. GENERAL RULES: By entering or participating in the Contest, entrants agree to be bound by these Official Rules and by the decisions of Sponsor, which are final and binding in all respects relative to the Contest. Contest Entities are not responsible for any incorrect or inaccurate information or technical failures of any kind; or for any claims, injuries, losses or damages of any kind resulting, in whole or in part, directly or indirectly, from the awarding, delivery, acceptance, use, misuse, possession, loss or misdirection of the Prize; participation in this Contest or in any activity or travel related thereto or from any interaction with computer Contest information. Contest Entities make no warranties, and hereby disclaim any and all warranties, express or implied, concerning any prize furnished in connection with this Contest.
9. RELEASE AND INDEMNITY: By entering the Contest, each entrant agrees to defend, indemnify, release and hold the Contest Entities, The Cosmopolitan of Las Vegas, Twitter, Facebook and Instagram (collectively, the “Released Parties”) harmless from and against any and all losses, demands, damages, rights, claims, injuries, actions and liabilities of any kind arising out of or related to (i) entrant's participation in the Contest or (ii) entrant's participation in any prize-related activities (including, without limitation, any property loss, damage, personal injury or death caused to any person(s)). Entrants assume all liability for any injury, death, or damage caused, or allegedly caused, in whole or in part, by participating in this Contest or receipt, use or redemption of the Prize.
10. LIMITATION OF LIABILITY: Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. Sponsor is not responsible for problems or technical malfunction of any telephone network or lines, computer online systems, servers, or providers computer equipment, software, failure of any e-mail to be received by the Sponsor on account of technical problems or traffic congestion on the Internet or at any web site, or any combination thereof, including any injury or damage to entrant's or any other person's computer related to or resulting from participation or downloading any materials in this Contest. Under no circumstances will Sponsor award more prizes than the prizes set forth above. In the event that any erroneous duplicative awarding of prizes occurs, the error shall be corrected and the prize awarded to the proper winner based on the criteria set forth above. If for any reason the Contest is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, legal challenges, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Contest, the Sponsor reserves the right, in its sole discretion, to disqualify any individual who tampers with the Contest, and to cancel, terminate, modify or suspend the Contest. Any disputes relating to this Contest or any prizes awarded in connection with the Contest shall be resolved individually without any resort to any form of class action, and any and all claims, judgments and awards shall be limited to actual out of pocket costs incurred, including costs associated with entering this Contest. Under no circumstances shall any entrant be permitted to obtain awards for other damages or have damages multiplied or otherwise increased. SOME JURISDICTIONS MAY PROHIBIT OR LIMIT EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.
11. GOVERNING LAW; JURISDICTION: These Contest and Official Rules are governed in all respects by the laws of the United States and the State of California without regard to the conflicts of laws principles of any jurisdiction. Any action, suit or case arising out of, or in connection with, this Contest or these Official Rules must be brought in either the federal or state courts located in Orange County, California.
13. PUBLICITY: As a condition of entry into the Contest, except where prohibited by law, each entrant by entering and the winner by accepting the Prize grants to the Contest Entities a perpetual, worldwide, irrevocable, fully paid-up, royalty-free, fully sublicenseable and transferable license and right to publicize, broadcast, display and/or otherwise use the Contest entrant’s contest Entry, name, likeness, entry, nickname, user name, Twitter user name, Facebook user name, Instagram user name, city, state and/or biographical material (collectively, “Personal Data”), in any media now known or hereafter devised throughout the world in perpetuity for advertising and publicity purposes, without additional review, compensation, permission or approval.
14. OFFICIAL RULES/WINNER’S LIST REQUESTS: To obtain a copy of these Official Rules or name(s) of winner(s), available for a period of thirty (30) days after the end of the Contest Period, visit www.mophie.com or send a self-addressed stamped envelope to: mophie’s “Don’t Be That Guy!” Photo Contest Official Rules/Winners List Request, 15101 Red Hill Avenue, Tustin, California 92780.
15. SPONSOR: This Contest is sponsored by mophie, LLC, 6244 Technology Avenue, Kalamazoo, Michigan 49009, USA.
mophie is a trademark of mophie Inc.