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NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.
1. SPONSOR: This promotion (the “Sweepstakes”) is sponsored by FUTURE US, INC., 4000 Shoreline Court, Suite 400, South San Francisco, CA 94080 (“Sponsor”), is in no way sponsored, endorsed, or administered by, or associated with, Facebook, Inc., and is subject to the following terms and conditions. Contest is being administered by Future US, Inc. (“Future US”), 4000 Shoreline Court, Suite 400, South San Francisco, CA 94080, +1 (650) 872-1642.
2. ELIGIBILITY: Sweepstakes open to legal residents of the fifty (50) United States and District of Columbia, excluding where prohibited or restricted by law. Entrants must have attained the age of majority in their state of residence (usually at least eighteen (18) years of age) at time of entry, and possess a valid form of unexpired government-issued photo identification and must have a valid email address. Invalid or ineligible entries shall be excluded from consideration. Employees of Sponsor, its respective parents, subsidiaries, affiliated companies, advertising, promotion, or production agencies, any companies who are promotional participants or prize providers, web masters and web suppliers, and the foregoing employees’ household or immediate family members (defined as parent, spouse, child, sibling, or grandparent) are NOT eligible to enter Sweepstakes. By their submission of entry, entrants warrant they are legally entitled and authorized to make such submission, either on their own behalf, or as to information submitted upon the express authorization of another on whose behalf the information is submitted. In the event of a dispute as to the winner’s identity for online entries received from multiple users having the same email account, entries will be deemed made by the authorized subscriber of the mail account associated with the entry. The authorized account subscriber is the natural person who is assigned the email address by the internet service provider (ISP), on-line service provider, or other organization responsible for assigning email addresses.
3. TIMING: Sweepstakes begins at 9:00AM Pacific time on January 28, 2013 and ends at 12:00PM Pacific time on February 8, 2013. Sponsor’s computer will be the official time clock for the Sweepstakes. Online entries must be received by Sponsor by 12:00PM Pacific time on February 8, 2013 to be eligible.
4. HOW TO ENTER: Enter online by liking or already being a fan of Maximum PC’s Facebook page at www.facebook.com/maximumpc.com and then emailing us at email@example.com with the subject “PowerColor Devil 13 HD 7990” and your complete name, address, city, state, zip code, birthdate, and phone number in the body. LIMIT ONE ENTRY PER HOUSEHOLD, REGARDLESS OF FORM OF ENTRY. Use of automated devices or methods of submission are not valid forms of entry. Any attempt at alternative entry is void. Entries become the property of the Sponsor and will not be acknowledged or returned.
5. PRIZES AND ODDS:
One grand prize will be awarded in this Sweepstakes. The grand prize consists of a used PowerColor Devil 13 HD 7990 video card (which is 12” long and requires a CrossFire-capable powersupply with at least three eight-pin PCI-E connectors to use), along with a set of used Wiha tools (custom assortment of 10 screwdriver, torque and hex wrench “blades” that fit inside an included handle, all in a soft carrying case, originally included in video card package) (“Prize”). The grand prize package has an approximate retail value of $1,000. The grand prize must be delivered to address listed on the winning entry, and delivery may take six to eight weeks.
The odds of winning will be determined by the number of eligible entries received.
The prize cannot be transferred, assigned, substituted, or redeemed for cash, and must be accepted as awarded, but Sponsor reserves the right to substitute any prize with a prize of equal or greater value should the advertised prize become unavailable for any reason. The prize will not be fulfilled outside the United States and District of Columbia, and will not be fulfilled in Guam, Puerto Rico, the U.S. Virgin Islands, U.S. military installations in foreign countries, or in any other U.S. territories or possessions or wherever else prohibited or restricted by law. The winner will be responsible for all taxes (federal, state, and local) and all expenses not listed herein related to acceptance and use of any prize. Any person winning $600 or more worth of prizes from Sponsor in a calendar year will receive an IRS form 1099 after the end of the calendar year in which the prizes were awarded, and copy of such form will be filed with the Internal Revenue Service (IRS). Limit one Prize per household.
6. DRAWING: One potential winner will be selected by random drawing from all valid eligible entries received. Drawing will be held on or shortly after February 8, 2013. Drawing will be conducted by Sponsor, whose decisions on all matters related to the Sweepstakes shall be final and binding and within its sole discretion. Winning is contingent upon compliance with all terms and conditions set forth in these official rules; any entry drawn or any potential winner identified thereby found at any time to fail to comply with these official rules will be held invalid and ineligible for award.
7. NOTIFICATION: Potential winners will be notified by email by February 15, 2013. Potential winners so notified must complete, execute and return the provided Affidavit, Waiver, Release and Indemnity Agreement including, where lawful, a Publicity Release (plus any additional documents required at the discretion of Sponsor), as well as an IRS Form W-9, within three (3) business days of attempted notice of prize award. If a potential winner fails to comply with the requirements of this paragraph, or if the prize notification or prize is returned as non-deliverable, or if the potential winner is found to be ineligible or not in compliance with these Official Rules, such prize will be forfeited, in which case the prize will be awarded to an alternate winner by random drawing.
To obtain any legally-required winners list, send a self-addressed envelope with sufficient prepaid postage to: Winners/PowerColor Devil 13 HD 7990 Sweepstakes, c/o Future US, Inc., 4000 Shoreline Court, Suite 400, South San Francisco, CA 94080. (Residents of Vermont do not have to include return postage.)
9. RELEASE: By participating in the Sweepstakes and/or accepting a prize, an entrant/winner agrees to defend, release and hold harmless the Sponsor, TUL Corporation, Wiha Quality Tools, Willi Hahn Corp USA, Facebook, Inc., and each of their respective parents, subsidiaries, affiliates, divisions, advertising, production and promotion agencies, any companies who are promotional participants or prize providers, web masters and web suppliers, and the foregoing companies’ officers, directors, shareholders, employees, representatives and agents (collectively “Releasees”) from and against any actions, claims and/or liability for injury, loss or damage of any kind to persons, including death, or property (including the violation or infringement of any proprietary or personal right of any individual or entity) resulting in whole or in part, directly or indirectly, from participation in the Sweepstakes, and/or the use, acceptance, or possession of a Sweepstakes prize, and/or participation in a Sweepstakes prize-related activity, including any action, claim or liability arising from the unauthorized submission of any information, and/or for any printing, production, technical, typographical, human or other error in the printing, offering or announcement of any prize.
By participating in the Sweepstakes and/or accepting a prize, an entrant/winner consents to and gives the Sponsor the right to use, publish, and display a winner’s (and where applicable an entrant’s) name, likeness, city and state, and prize awarded, for the purpose of advertising, trade, publicity and promotional purposes in any media now known or hereafter discovered, worldwide, and on the Web, in perpetuity, without review, notification or approval, and without additional consideration, unless prohibited by law. Each entrant/winner also understands and agrees that he/she is providing information to Future US, Inc. and not to Facebook, Inc.
10. LIMITATIONS OF LIABILITY: Entrants agree that by participating in the Sweepstakes they release the Releases from any liability in connection with: (a) Entries that are ineligible as a result of being lost, late, illegible, damaged, incomplete, inaccurate, delayed, unintelligible, non-delivered, stolen, postage due, or misdirected, or the failure to capture any such information; (b) Any typographical or other human or technical errors in the offer or administration of the Sweepstakes, including but not limited to errors in advertising, these official rules, the selection and announcement of a winner(s), or the distribution/awarding of a prize(s); (c) Any omission, interruption, deletion, defect, delay, misdirection, damage, availability, accessibility, miscommunications, injury, technical malfunctions or traffic congestion on the Internet/telephone network, or at any website, satellite, computer, telephone, cellular or cable transmissions or lines, or any combination thereof; (d) The unauthorized access to, or alteration of entries; (e) Jumbled, scrambled, delayed, or misdirected transmissions, computer hardware or software malfunctions, failures or difficulties, or for any other errors of any kind, whether human, technical, mechanical, electronic or network, including, without limitation, any errors which may occur in connection with the administration of the Sweepstakes or in any Sweepstakes-related materials; and (f) Damage to en entrant or other person’s system or equipment occasioned by participation in this Sweepstakes or downloading materials from the Sweepstakes website, or any combination thereof. Persons who tamper with or abuse any aspect of the Sweepstakes or website, as solely determined by the Sponsor, will be disqualified (and all associated entries will be void), and Sponsor reserves the right to terminate such entrant’s eligibility to participate in this or any other promotion offered by Sponsor. Entries generated by robotic, programmed, script, macro or other automated means or by any means which subvert the entry process will be disqualified.
Sponsor reserves the right to modify these rules for clarification purposes without materially affecting the term and conditions of the Sweepstakes. In the event that the Sweepstakes is infected by a computer virus/worm/bug, or is not capable of running or being executed as planned (as a result of but not limited to an error, omission, defect, delay, misdirection, tampering, unauthorized intervention, fraud, action of entrants, or technical failure) or any other cause which in the sole opinion of Sponsor corrupts or affects the administration, security, fairness, integrity, or proper conduct of the Sweepstakes, Sponsor reserves the right in their sole discretion to disqualify any suspect entry or entrant and to cancel, terminate, modify or suspend the Sweepstakes. In the event of such cancellation, termination, modification or suspension, notice thereof will be posted at the entry website(s) mentioned above, and winner(s) will be determined solely by Sponsor in a random drawing from among all eligible non-suspect and/or non-disqualified entries prior to action taken or as otherwise deemed fair and appropriate by Sponsor. In such event, Releasees shall have no liability to any entrant who is disqualified due to such an action. Failure to enforce any term of these official rules shall not constitute a waiver of that provision.
IN NO EVENT WILL THE RELEASEES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE WEBSITE OR DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM THE ENTRY WEBSITE(S) MENTIONED ABOVE, OR ANY OTHER WEBSITE ASSOCIATED WITH SPONSOR. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE ENTRY WEBSITE(S) IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
11. LAW: Subject to all federal, state, and local laws and regulations. Void where prohibited or restricted. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of entrants or Sponsor in connection with any drawing or award, shall be governed by, and construed in accordance with the laws of, the State of California, without regard to conflict of law principles. Any cause of action by you with respect to the offer (and/or any information, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in above. The language in these official rules shall be interpreted as in accordance with its fair meaning and not strictly for or against either party. All legal proceedings arising out of or in connection with the offer of these official rules shall be brought solely in San Mateo County, California. You expressly submit to the exclusive jurisdiction of said courts and consent to extraterritorial service of process.