ESPEC NORTH AMERICA, INC.
Newsletter Contest Rules
1. INTRODUCTION. NO PURCHASE IS NECESSARY. By entering a Contest, entrants agree to abide by all terms of these Official Contest Rules and the decisions of Espec.com (“Contest Administrator”) and Sponsor(s), whose decisions shall be final and binding. VOID WHERE PROHIBITED.
These rules cover two parts of ESPEC North America’s promotional contests:
Part A. “By subscribing to ESPEC’s newsletter you will be entered into a drawing to win a free Apple iPad. Courtesy of ESPEC North America. No purchase necessary.”
Part B. “By opening this email you have been automatically entered to win a free Apple iPod Touch. Courtesy of ESPEC North America. No purchase necessary.”
2. ELIGIBILITY. Contest are open only to individuals who are 18 years of age or older at the time of entry (unless otherwise stated). The Contest is only open to residents of U.S.A., Canada, and Mexico. Employees of ESPEC North America, Inc. or those directly affiliated with ESPEC (sister company employees, sales or service representatives or companies), and their immediate family members (defined as parent, spouse, child, siblings and grandparents) are NOT eligible to win. By entering any contest, entrants agree to waive any and all claims against Contest Entities for personal injury, damage or loss of any kind which may result from participation in the Contest or from the receipt, enjoyment, ownership or use of any prize.
3. HOW TO ENTER. NO PURCHASE NECESSARY. To enter Contest Part A, log on at [url=http://www.espec.com]http://www.espec.com[/url] and subscribe to the newsletter via link to MailChimp.com. Once subscribed to the newsletter the participant will be entered to win an Apple Ipad 16G wifi-only. The subscriber list at MailChimp.com will be used for the random drawing. Last day to subscribe and be entered is June 1, 2012.
To enter Contest Part B, for each newsletter published, a list of subscribers whom MailChimp newsletter hosting service confirms has opened the email (detected by the contestant viewing embedded images) will be entered to win an Apple Ipod Touch 8G. Last day entries will be accepted will be four weeks after publication of the email newsletter.
One entry per person, only one winner per email address. Multiple entries will be disqualified.
4. PRIZES. No transfer, substitution, or cash equivalent for Prizes. Espec reserves the right to substitute a Prize of equal or greater value if a Prize cannot be awarded as described for any reason. Limit: One Prize per person/family/household. Any Prize Winner shall sometimes be referred to hereinafter as the “Winner.” No transfer, substitution or cash alternative permitted, except by Espec in its sole discretion. The winning entry will be deemed submitted by the e-mail account holder associated with such entry, as solely determined by Espec. Warranty, insurance, registration, and any fees or costs associated with the prizes are the sole responsibility of the Winner. Prize is awarded “as is” with no warranty or guarantee, either express or implied. Winner agrees to look solely to manufacturer for any warranties on the equipment awarded.
5. DRAWING AND NOTIFICATION. Winner will be selected in a random drawing from all eligible entries received, on or about ten (10) business days after the last day to submit entries, by Sponsor or its designee, whose decisions will be final. Winner will be notified by e-mail about ten (10) business days after the winner is selected. If Sponsor or its designee is unable to contact potential Winner by e-mail and/or if the potential Winner fails to respond to notification within ten (10) business days of issuance, the potential Winner will be disqualified and forfeit his or her right to a prize, and an alternate Winner will be selected.
6. GENERAL. This Contest is subject to all applicable federal, state and local laws. If any prize or prize notification is returned as undeliverable, prize will be forfeited and an Alternate Winner will be selected. All federal, state or other tax liabilities (including income tax) arising from this Contest will be the sole responsibility of each prize Winner. Except where prohibited by law, each Winner's entry and acceptance of the prize constitutes permission for the Contest Entities to use said Winner's name, photograph, likeness, statements, biographical information, voice, and address (city and state) worldwide and in all forms of media, in perpetuity, without further compensation. This Contest is subject to these official rules. By participating, entrants agree to be bound by these official rules and waive any right to claim ambiguity in the Contest or these official rules. Winners and entrants also agree to release, discharge, indemnify and hold harmless the Contest Entities, and the officers, employees and agents of each, from and against any claims, damages or liability due to any injuries, damages or losses to any person (including death) or property of any kind resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any prize or participation in any Contest-related activity or participation in this Contest. Any person attempting to defraud or in any way tamper with the Contest will be ineligible for prizes and may be prosecuted to the full extent of the law. Odds of winning depend upon the number of eligible entries received by Sponsor.
7. LIMITATIONS OF LIABILITY. If for any reason the Contest is not capable of running as planned, including, but not limited to, due to tampering, unauthorized intervention, fraud, technical failures or any other causes beyond the control of Contest Entities which corrupts or affects the administration, security, fairness, integrity or proper conduct of this Contest, Contest Entities reserve the right to disqualify any individual who causes any such problem, and to cancel, terminate, modify or suspend the Contest. Contest Entities assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, or any problem or technical malfunctions of any telephone network or lines, or any combination thereof, which may limit an entrant’s ability to participate in this Contest.
By entering this Contest, each entrant agrees that (i) any and all disputes, claims, and causes of action arising out of or in connection with the Contest or any prizes awarded, shall be resolved individually, without resort to any form of class action; (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs, associated with entering the Contest, but in no event will attorneys' fees be awarded or recoverable; and (iii) under no circumstances will any entrant be permitted to obtain any award for, and entrant hereby knowingly and expressly waives all rights to, punitive, incidental or consequential damages and/or any other damages other than actual out-of-pocket expenses.
Each winner, by accepting a prize, agrees to release and hold harmless Contest Entities from any and all liability, claims or actions of any kind whatsoever, which may result from the receipt, enjoyment, ownership or use or misuse of such prize (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to, loss or destruction of property, or any claims, costs, injuries, losses, or damages related to or based on the entrant's rights of publicity or privacy, or the entrant's claim that he/she has somehow been defamed or portrayed in a false light).
Contest Entities do not assume any responsibility for any schedule changes in the Contest timeline, including without limitation, scheduling conflicts, labor strikes, Acts of God, or other unforeseen events that disrupt the Contest schedule. Contest Entities reserve the right to cancel, modify, or suspend this Contest.
ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL CONTEST RULES OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR CONTEST ENTITIES IN CONNECTION WITH THIS CONTEST SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE UNITED STATES AND THE STATE OF MICHIGAN WITHOUT GIVING EFFECT TO ANY CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER JURISDICTION'S LAWS. THE INVALIDITY OR UNENFORCEABILITY OF ANY PROVISION OF THESE RULES SHALL NOT AFFECT THE VALIDITY OR ENFORCEABILITY OF ANY OTHER PROVISION. IN THE EVENT THAT ANY PROVISION IS DETERMINED TO BE INVALID OR OTHERWISE UNENFORCEABLE OR ILLEGAL, THESE RULES SHALL OTHERWISE REMAIN IN EFFECT AND SHALL BE CONSTRUED IN ACCORDANCE WITH THEIR TERMS AS IF THE INVALID OR ILLEGAL PROVISION WERE NOT CONTAINED HEREIN. EACH PERSON WHO PARTICIPATES IN THIS CONTEST AGREES THAT UNITED STATES AND THE STATE OF CALIFORNIA SHALL HAVE EXCLUSIVE JURISDICTION OVER ANY SUIT OR OTHER PROCEEDING ARISING OUT OF OR BASED UPON THESE OFFICIAL CONTEST RULES OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR CONTEST ENTITIES IN CONNECTION WITH THIS CONTEST AND EACH HEREBY WAIVES ANY CLAIM THAT IS NOT SUBJECT PERSONALLY TO THE JURISDICTION OF SAID COURTS OR THAT ANY SUCH SUIT OR OTHER PROCEEDING IS BROUGHT IN AN INCONVENIENT FORUM OR IMPROPER VENUE.
8. CONTEST ADMINISTRATOR. Espec North America, 4141 Central Parkway, Hudsonville, Michigan 49426
CONTEST VOID WHERE PROHIBITED