NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. THIS PROMOTION IS NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH TWITTER, MAJOR LEAGUE BASEBALL, OR THE SEATTLE MARINERS.
1. Eligibility: The Robinson Cano x Skullcandy® Promotion (the “Promotion”) is open only to legal residents of the 50 United States and District of Columbia, who are at least eighteen (18) years of age or the age of majority in their jurisdiction of residence, at the time of entry. Employees, officers, directors, and agents (and their immediate families and members of their households, whether or not related) of Aspiro AB (“Sponsor”) and its subsidiaries, parents, affiliates, franchisees, and advertising, promotion, prize suppliers, and prize fulfillment agencies, as applicable, are not eligible to enter or win. Promotion is void where prohibited by law. Winning the Prize (as defined below) is contingent upon fulfilling all requirements set forth herein. Subject to all applicable federal, state, and local laws and regulations.
2. Sponsor: Aspiro AB, 1411 Broadway 39th Floor New York, NY 10018.
3. Timing: The Promotion begins on October 3, 2017 at 1:00 PM Eastern Time (“ET”) and ends on October 4, 2017 at 11:59 PM ET (the “Promotion Period”). Sponsor’s computer is the official time-keeping device for the Promotion.
5. Prize Drawing & Odds of Winning: After the close of the Promotion Period, Sponsor will randomly select five (5) potential winners from among all eligible entries received. Odds of winning the Prize (as defined below) depend on the total number of eligible entries received.
6. Winner Requirements: Following the close of the Promotion Period, the potential winners will be notified by direct message to their Twitter account and must respond to Sponsor within twenty-four (24) hours of notification or the potential winner will forfeit the Prize (as defined below) and another winner will be selected. Except where prohibited, the potential winner may be required to sign and return a Declaration of Compliance, Liability and Publicity Release (“Release”), which must be received by Sponsor within the time period set forth by Sponsor (if applicable), in order to claim his/her Prize. If a potential winner cannot be contacted, fails to respond to respond to Sponsor within the required time period, fails to execute and return the Release within the required time period, or does not comply with these Official Rules, or is disqualified for any reason, such potential winner forfeits the Prize and Sponsor will award the applicable Prize to an alternate winner selected by a random drawing from among all remaining eligible entries received throughout the Promotion Period. Only one (1) alternate winner will be selected, after which any remaining Prizes will remain un-awarded.
7. Prize: Five (5) winners will each receive one (1) pair of Grind (Robinson Cano Custom) Skullcandy® Headphones (individually and collectively, the “Prize”). The approximate Retail Value (“ARV”) of each Prize: $59.99. The total ARV of all Prizes to be awarded in this Promotion: $299.95
Limit: One (1) prize per person. Prize cannot be transferred, substituted or redeemed for cash, except at Sponsor’s sole discretion. Sponsor reserves the right to substitute any Prize, or portion thereof, with a Prize of comparable or greater value, in its sole discretion. Winner is responsible for their own costs and expenses associated with the acceptance or use of the Prize that are not specifically stated above. All federal, state and local taxes on the Prize value are the sole responsibility of the winner. Sponsor will not replace any lost or stolen Prize items. Only the number of prizes stated in these Official Rules is available to be won in the Promotion. If, by reason of a print or other error, more prizes are claimed than the number set forth in these Official Rules, an alternate winner will be selected in accordance with the winner selection method described above from among all eligible claimants making purportedly valid claims to award the advertised number of Prizes available.
8. Publicity: Except where prohibited, acceptance of the Prize shall constitute and signify winner’s agreement and consent that Sponsor and its designees may use the winner’s name, city, state, likeness and/or prize information in connection with the Promotion for promotional, advertising or other purposes without payment, notification, permission or other consideration, except where prohibited by law.
9. Release: By entering the Promotion, winners agree to release and hold harmless the Sponsor, Twitter and their respective parent companies, subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company’s officers, directors, employees and agents, and any other person or entity affiliated or associated with the Promotion (collectively, the “Released Parties”) from and against any claim or cause of action, to the fullest extent permissible by law, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Promotion or receipt or use or misuse of any Prize.
10. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Promotion, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Promotion, as determined by Sponsor in its sole discretion. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Promotion, to be acting in violation of these Official Rules or to be acting in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Promotion may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. If, for any reason, all or a portion of the Promotion is not capable of running as planned, Sponsor may, in its sole discretion, void any suspect entries and/or (a) cancel or terminate the Promotion (or any portion thereof); (b) modify the Promotion or suspend the Promotion to address the impairment and then resume the Promotion in a manner that best conforms to the spirit of these Official Rules; or (c) award the Prize in accordance with the winner selection process described above. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
11. Limitations of Liability: The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment associated with or utilized in the Promotion; (2) technical failures of any kind, including, but not limited to shipping or other malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Promotion; (4) technical or human error which may occur in the administration of the Promotion or the processing of entries; or (5) 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 Promotion or receipt or use or misuse of any Prize. If for any reason an entrant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Promotion, provided that such confirmation occurs prior to the drawing.
12. Disputes: Except where prohibited, all entrants agree that: (1) any and all disputes, claims and causes of action arising out of or connected with this Promotion or any Prize awarded shall be governed by the laws of the State of New York and shall be resolved individually, without resort to any form of class action, and exclusively by a court of competent jurisdiction located in New York County, New York; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event attorneys’ fees; and (3) under no circumstances will the entrants be permitted to obtain awards for, and entrants hereby waive all rights to claim, indirect, 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 LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
14. Winner List: For the winners’ names, send a self-addressed stamped envelope to Robinson Cano x Skullcandy® Promotion, Attn: Aspiro AB, 1411 Broadway 39th Floor, New York, NY 10018. Requests for a winner list must be received ninety (90) days after the winners of the Promotion are chosen.