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‘TIS THE SEASON TO SPEEK™….SWEEPSTAKES
OFFICIAL TERMS AND CONDITIONS
1. Eligibility: The ‘Tis the Season To Speek™….Sweepstakes (the “Sweepstakes”) is open only to individuals who are legal residents of the fifty (50) United States and the District of Columbia who are at least fourteen (14) years old at the time of entry. Employees of Speek, LLC, and its parent and affiliate companies as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible. Subject to all applicable federal, state, and local laws and regulations. Void where prohibited. Participation constitutes entrant's full and unconditional agreement to these Official Rules and Sponsor and Administrator's decisions, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein.
BY PARTICIPATING, YOU AGREE TO THESE OFFICIAL RULES AND TO THE DECISIONS OF THE SPONSOR WHOSE DECISIONS ARE FINAL AND BINDING IN ALL RESPECTS. ALL DATA REQUESTED AT REGISTRATION, PRIZE FULFILLMENT OR AT ANY OTHER TIME IN CONNECTION WITH THIS SWEEPSTAKES MUST BE ACCURATE. IF INACCURATE INFORMATION IS SUPPLIED, IT WILL RESULT IN YOUR DISQUALIFICATION FROM THE SWEEPSTAKES AND PREVENT THE AWARDING OF ANY PRIZE YOU MAY HAVE WON.
2. Sponsor: Speek, LLC, 2812 North Norwalk, suite 106, Mesa, AZ 85215.
3. Timing: Registration for the Sweepstakes begins on November 7, 2008 at 12:00 a.m. Mountain Standard Time ("MST") and ends on December 12, 2008 at 11:59 p.m. MST (the “Registration Period”). Entrants may earn Sweepstakes entries by joining Speek and/or inviting eligible individuals who also join Speek as set forth in Section 4 below during the Registration Period.
4. How to Enter: During the Registration Period, visit www.speekback.com and follow instructions to join Speek or, if you were invited to join Speek by a current Speek member, follow the link provided in the invitation email and follow the instructions. Complete and submit the registration. You automatically will receive one (1) entry into the Sweepstakes provided you remain a member of Speek during the Registration Period. During the Registration Period, each participant may receive one (1) additional Sweepstakes entry for each eligible individual that joins Speek via an invitation by the participant, so long as said individual joins Speek during the Registration Period and remains a member during said period. Individuals who join Speek after the Registration Period will not be eligible for entry into the Sweepstakes and will not be counted as valid entries. All current members of Speek will receive one (1) entry automatically. If you are a current member, you do not need to rejoin to receive one (1) entry. For the purpose of this Sweepstakes, entries will be awarded in the name of the registered Speek member named in the member’s Speek account. Any individual who joins Speek more than once, via the use of different email addresses, different name, different address, or by any other means, will no longer be eligible for the Sweepstakes.
5. Drawings/Odds: The winner will be selected in a random drawing on or about December 15, 2008 from among all eligible entries received during the Registration Period. The odds of winning depend on the number of eligible entries received. Sponsor will attempt to notify potential winners within forty-eight (48) hours of the drawing date via the contact information provided at the time of entry. Sponsor shall have no liability for any winner notification that is lost, intercepted or not received by the potential winner for any reason. If any potential winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines a prize for any reason prior to award, such potential winner will be disqualified and an alternate winner may be selected.
6. Prizes: ONE (1) GRAND PRIZE: $1,000 American Express® cash card. ONE (1) FIRST PRIZE: A Nintendo Wii™ (or equivalent cash value of $300 if product not available at time of redemption). One (1) SECOND PRIZE: One Apple iPhone™ (or equivalent cash value of $200 if product not available at time of redemption). Limit: One (1) Sweepstakes prize per person. Speek reserves the right to substitute any prize with one of equal or greater value.
If a winner is under the age of eighteen (18), or under the age of nineteen (19) if resident of Alabama or Nebraska, at time of registration, prize will be awarded in the name of winner’s parent or legal guardian. Winner’s parent or legal guardian must agree to Sweepstakes Terms and Conditions, as well as Speek’s Membership Agreement. Moreover, winner’s parent must sign any relevant documentation relating to redemption of the prize won. If the winner’s parent or legal guardian refuses to consent or does not consent within 7 days, the prize will be awarded to someone else.
7. Release: By receipt of any prize, winner agrees to release and hold harmless Sponsor, Administrator, and their respective 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 (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Sweepstakes or receipt or use or misuse of any prize.
8. Publicity: Except where prohibited, participation in the Sweepstakes constitutes winner's consent to Sponsor's and its agents' use of winner's name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration.
9. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, 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 Sweepstakes, 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 Sweepstakes or to be acting in violation of these Official Rules or any other Promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes 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. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
10. 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 or programming associated with or utilized in the Sweepstakes; (2) technical failures of any kind, including, but not limited to 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 Sweepstakes; (4) technical or human error which may occur in the administration of the Sweepstakes 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 Sweepstakes 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 Sweepstakes, provided that if it is not possible to award another entry due to discontinuance of the Sweepstakes, or any part of it, for any reason, Sponsor, at its discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. No more than the stated number of prizes will be awarded. In event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, unawarded, eligible prize claims.
11. Disputes: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the State of Arizona or the appropriate Arizona State Court located in Maricopa County, Arizona, U.S.A.; (2) 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 (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives 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. 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 Arizona, U.S.A. without giving effect to any choice of law or conflict of law rules (whether of the State of Arizona or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Arizona.
12. Entrant's Personal Information: Information collected from entrants is subject to Speek’s Privacy Policy: Insert hyperlink to privacy policy here.
13. Tax Information: All federal, state, local, and other taxes on the prize are the sole responsibility of the applicable winner.
14. Sweepstakes Results: For a list of major prize winners and/or a copy of these Official Rules, send a hand-printed, self-addressed, stamped envelope to Speek, LLC 2812 North Norwalk, Suite 106, Mesa AZ 85215. Winner list requests must be received by December 30, 2008.
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