Intel for Change Community Sweepstakes
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ELIGIBLE ENTRIES RECEIVED FOR EACH DRAWING PERIOD (AS DEFINED HEREIN). VOID WHERE PROHIBITED BY LAW. AFFIDAVIT OF ELIGIBILITY / RELEASE OF LIABILITY / PRIZE ACCEPTANCE RELEASE MAY BE REQUIRED. ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.
THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED, ADMINISTERED BY OR ASSOCIATED WITH FACEBOOK, INC. (“FACEBOOK”), TWITTER OR ANY OTHER MEDIA SITE (AS DEFINED HEREIN).
BY ENTERING (OR OTHERWISE PARTICIPATING IN (E.G., BECOMING A REGISTERED MEMBER OF INTEL FOR CHANGE SITE AND MAKING THE BLOG POST AS SET FORTH HEREIN)) THE SWEEPSTAKES, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE SWEEPSTAKES ENTITIES FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
1. Eligibility. The Intel for Change Community Sweepstakes (the “Sweepstakes”) is open only to individuals who, at the time of entry: (i) are legal residents and physically located in one (1) of the fifty (50) states in the United States or the District of Columbia; (ii) are at least eighteen (18) years old; and (iii) have a valid e-mail address. Employees, officers and directors of Intel Corporation (“Sponsor”, “us” or “we”), TakePart, LLC and its parent Participant Media, LLC (collectively, “TakePart” or “Administrator”), and each of their respective parent companies, affiliates, subsidiaries, advertising and promotion agencies, distributors, and Prize (defined below) providers (collectively, the “Sweepstakes Entities”), and each of such employees’, officers’ and directors’ immediate family members and/or those living in the same household (whether legally related or not) are not eligible to enter the Sweepstakes or win a Prize. For purposes of this Sweepstakes, immediate family members are defined as spouse, partner, parents, legal guardians, in-laws, grandparents, siblings, children and grandchildren and those living in the same household shall mean people who share the same residence at least three (3) months a year, whether legally related or not. Void where prohibited by law. By participating in the Sweepstakes, each entrant unconditionally accepts and agrees to comply with and abide by these “Official Rules” and the decisions of Sponsor and Administrator, including the interpretation of these Official Rules and their exercise of discretion, which will be final and binding in all respects.
2. Sweepstakes Period. The Sweepstakes begins on or about 6:00:00 p.m. Pacific Time (“PT”) on October 2, 2013, and ends at 11:59:59 a.m. PT on October 31, 2013, subject to extension by the Sponsor, in its sole and absolute discretion (the “Sweepstakes Period”). The Sweepstakes consists of three (3) random Sweepstakes drawings (each, a “Drawing” and collectively, the “Drawings”) to occur on three (3) separate Drawing Dates respecting the three (3) separate Drawing Periods (as further described in Section 4 below).
3. How to Enter. There are two (2) methods of entry for this Sweepstakes; provided, however, there is a limit of one (1) entry per person (regardless of method) during the entire Sweepstakes Period; and provided further that eligible entries received during one Drawing Period will carry over into the next Drawing Period(s). Only eligible entries received before the End Date of a particular Drawing Period will be considered for that Drawing Period and the subsequent Drawing Period(s):
|Drawing Period||Start Date (at 6:00:00 p.m. PT)||End Date (at 11:59:59 a.m. PT)||Drawing Date (on or about)||Winner Notification Date (on or about)|
|1||October 2, 2013||October 11, 2013||October 14, 2013||October 15, 2013|
|2||October 2, 2013||October 18, 2013||October 21, 2013||October 22, 2013|
|3||October 2, 2013||October 31, 2013||November 3, 2013||November 4, 2013|
Each potential Winner may be required to submit an affidavit of eligibility / release of liability / prize acceptance agreement (collectively, the “Prize Acceptance Release”) and return the Prize Acceptance Release within the time period specified at notification before being eligible to receive his or her Prize. If any potential Prize Winner fails or refuses to sign and return such Prize Acceptance Release within the time period required by Administrator or if the Prize or Prize notification is returned as rejected, faulty, unclaimed or returned as undeliverable to such potential Prize Winners, such potential Prize Winners may be disqualified and an alternate may be selected. Non-compliance shall result in disqualification and award of his/her Prize to an alternate Winner. If any potential Prize Winner is found to be ineligible, or if he or she has not complied with these Official Rules, or if a potential Winner declines a Prize for any reason prior to award, such potential Winner may be disqualified and an alternate potential Winner may be selected. If, for any reason, more bona fide winners come forward seeking to claim prizes in excess of the number of each type of Prize set forth in these Official Rules, the Winners, or remaining Winners, as the case may be, of the advertised number of Prizes available may be selected in a random drawing from among all persons making purportedly valid claims for such Prize(s). Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances. The Sweepstakes Entities are not responsible for and shall not be liable for late, lost, damaged, intercepted, misdirected, or unsuccessful efforts to notify the potential Winners.
5. Odds. Odds of winning will depend upon the total number of eligible entries received for each Drawing Period.
6. Prizes and Values. There are three (3) “Prizes” to be awarded in this Sweepstakes, with not more than one (1) Prize awarded for each Drawing Period to one (1) Winner for such Drawing Period. No more than one (1) Prize per entrant. The Prizes available to be won in this Sweepstakes are one (1) of: (3) three Dell Convertible UltraBook laptops, each with an approximate retail value (“ARV”) of: One Thousand Two Hundred Dollars ($1,200.00) (USD). Winners shall not have the opportunity to choose which particular Prize to receive, which such determination shall be made in Sponsor’s sole and absolute discretion.
Prizes are non-transferable, with no cash redemptions, equivalents or substitutions except at Sponsor’s sole and absolute discretion. All Prize details not specified in these Official Rules will be determined in Sponsor’s sole and absolute discretion. Prize details and availability are subject to change and Prize provider’s rules and restrictions, and in the event that Sponsor is unable to provide the Winners with their Prizes, the Sponsor may elect to provide Winners with the approximate value of such item in cash or award an alternate prize of comparable or greater value. All Prizes are awarded “AS IS” and without warranty of any kind, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose). Prize Winners will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the Prize they receive, regardless of whether they, in whole or in part, are used. The ARV of the Prizes is based on available information provided to Sponsor and the value of any Prize awarded to a Winner may be reported for tax purposes as required by law. The Winners may be required to provide Sponsor and Administrator with a valid social security number or tax identification number before the Prizes will be awarded for tax reporting purposes. An IRS Form 1099 may be issued in the name of Winners for the actual value of the prizes received. Unclaimed Prizes will be forfeited. Prizes, if legitimately claimed, will be awarded. Prizes will only be mailed to the verified Winner’s physical mailing address (no P.O. Boxes) in one (1) of the fifty (50) United States or the District of Columbia, except in Administrator’s sole and absolute discretion. The Sweepstakes Entities are not responsible for and will not replace any lost, mutilated or stolen Prizes. If a Winner does not accept or use the entire Prize, the unaccepted or unused part of the Prize will be forfeited and the Sweepstakes Entities will have no further obligation with respect to that Prize or portion of the Prize. The total ARV of all of the Prizes awarded in this Sweepstakes is: Three Thousand Six Hundred Dollars and 00/100 ($3,600.00) (USD).
7. Publicity Release. Subject to applicable law, Winners irrevocably grant the Sweepstakes Entities and each of their licensees, and its and their successors, assigns and sub-licensees the right and permission to use their name, voice, likeness and/or biographical material for advertising, promotional and/or publicity purposes in connection with the Sweepstakes, in all forms of media and by all manners (now and hereafter known), and on and in connection with related products, services, advertising and promotional materials (now known or hereafter developed), worldwide, in perpetuity, without any obligation, notice or consideration except for the awarding of the Prizes to the Winners. Entrants agree not to issue any publicity concerning the Sweepstakes Entities.
8. Tampering With Sweepstakes. The Sweepstakes Entities are not responsible for the actions of entrants in connection with the Sweepstakes, including entrants’ attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Sweepstakes. Persons found tampering with or abusing any aspect of this Sweepstakes, or whom Sponsor or Administrator believes to be causing malfunction, error, disruption or damage may be disqualified. Additionally, any attempt to cheat the Sweepstakes, as determined at the sole and absolute discretion of Sponsor or Administrator, may result in immediate disqualification of the entrant, as well as other possible consequences, including disqualification from any and all existing and future sweepstakes. ANY ATTEMPT BY A PERSON TO DAMAGE ANY WEBSITE (INCLUDING THE INTEL FOR CHANGE SITE) OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR AND ADMINISTRATOR RESERVE THE RIGHT TO SEEK ALL LEGAL AND EQUITABLE REMEDIES FROM AND AGAINST ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Each of Sponsor and Administrator reserve the right, at its sole and absolute discretion, to disqualify (or terminate the Prize of) any individual who is found to be, or suspected of, acting in violation of these Official Rules, or to be acting in an unsportsmanlike, obscene, immoral or disruptive manner, or with the intent to annoy, abuse, threaten, disparage or harass any other person or the Sweepstakes Entities.
9. Suspension / Modification / Termination. In the event Administrator is prevented from continuing with the Sweepstakes by any event beyond its control including, but not limited to, fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, communications or equipment failure, utility or service interruptions, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared), interference with the Sweepstakes by any party, or any federal, state or local government law, order, or regulation, order of any court or jurisdiction, or other cause not reasonably within Administrator’s control (each a “Force Majeure” event or occurrence), Administrator shall have the right to modify, suspend or terminate the Sweepstakes or Prize. Administrator additionally reserves the right, in its sole and absolute discretion: (1) to modify, suspend or terminate the Sweepstakes should causes beyond Administrator’s control corrupt or interfere with the administration, integrity, operation, security or proper play of the Sweepstakes; or (2) to disqualify any entrant found to be, or suspected of: (a) tampering with the entry process or the operation of the Sweepstakes; (b) acting in violation of these Official Rules; or (c) acting in an un-sportsmanlike manner.
10. Waivers, Disclaimers and Releases. By participating in the Sweepstakes, entrants agree to release, discharge and hold harmless Sponsor, Administrator and the other Sweepstakes Entities, and Facebook, Twitter and the other Media Sites, and each of their respective affiliates, assigns, directors, officers, employees, agents, successors and assigns (collectively, the “Released Parties”) from and against any and all claims, liability, costs, losses, damages or injuries of any kind arising out of or related to entrants’ participation in the Sweepstakes and/or related to any Prize (including, without limitation, losses, damages or injuries to entrant’s or any other person’s equipment or other property, or to their persons, related to participation in the Sweepstakes; or arising out of any violation of rights of publicity or privacy, or claims of defamation or portrayal in a false light; or based on any claim of infringement of intellectual property; or from any typographical, human or other error in the printing, offering, selection, operation or announcement of any Sweepstakes activity and/or Prize). Without limiting the generality of the foregoing, entrants agree that the Released Parties: (A) have neither made nor will be in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, in connection with the Sweepstakes and/or with respect to Prizes, including, without limitation, to any Prize’s quality or fitness for a particular purpose; (B) maintain no control over the equipment, personnel or other person or entity furnishing services or products (“Suppliers”) as a part of the Prizes provided in connection with the Sweepstakes; and (C) will not be responsible or liable for any injury, damage, loss, expense, accident, delay, inconvenience or other irregularity that may be caused or contributed to: (1) by the wrongful, negligent or unauthorized act or omission on the part of the Suppliers or any of their agents, servants, employees or independent contractors, (2) by any defect in or failure of any vehicle, equipment, instrumentality, service or product that is owned, operated, furnished or otherwise used by any of those Suppliers, (3) by the wrongful, negligent or unauthorized act or omission on the part of any other person or entity not an employee of the Released Parties, and (4) by any cause, condition or event whatsoever beyond the control of the Released Parties. Entrants agree and that the Released Parties shall have no responsibility or liability for discontinued Prizes; human error; incorrect or inaccurate transcription of registration and/or account information; any technical malfunctions of the telephone network, computer online system, computer dating mechanism, computer equipment, software, or Internet service provider utilized by Sponsor or Administrator; interruption or inability to access the Intel for Change Site, or any online service via the Internet due to hardware or software compatibility problems; any damage to entrant’s (or any third person’s) computer and/or its contents related to or resulting from any part of the Sweepstakes; any lost/delayed data transmissions, omissions, interruptions, viruses, bugs, defects; and/or any other errors or malfunctions, even if caused by the negligence of the Released Parties. Each entrant further agrees to indemnify and hold harmless the Released Parties from and against any and all liability resulting or arising from the Sweepstakes and to release all rights to bring any claim, action or proceeding against Released Parties and hereby acknowledge that the Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to a Prize, including express warranties provided exclusively by a Supplier that may be sent along with a Prize. The Released Parties are not responsible for the actions of entrants in connection with the Sweepstakes, including entrants’ attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Sweepstakes. The Released Parties are not responsible for any changes or unavailability of the Facebook, Twitter or any other Media Site’s platform or any other platform that may interfere with the Sweepstakes (including any limitations, any restrictions, or any conditions on the ability of entrant to timely enter the Sweepstakes). Entrants further understand and agree that the releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.
11. Entry Information and Sweepstakes Communications. As a condition of entering the Sweepstakes, each entrant gives consent for Sponsor and Administrator to obtain and deliver his or her name, address and other information to third parties for the purpose of administering this Sweepstakes and to comply with applicable laws, regulations and rules. Any information entrants provide to Sponsor or Administrator may be used to communicate with entrant in relation to this Sweepstakes or on a Sweepstakes winner’s list. The Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Facebook, Twitter, or any other Media Site or other media site or platform which may be used for promotion, administration or implementation of this Sweepstakes. The Sweepstakes Entities are not responsible for any changes or unavailability of the Twitter service that may interfere with entrant’s registration on the Intel for Change Site via Twitter. If you register for the Intel for Change Website via Twitter accessed through your mobile device, charges may apply (such as normal airtime and carrier charges) and may appear on your mobile phone bill or be deducted from your prepaid account balance. Wireless carriers’ rate plans may vary, and you should contact your wireless carrier for more information. Cell phone service may not be available in all areas. Check your phone’s capabilities for specific instructions.
12. Governing Law / Limitation of Liability. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of entrants, Sponsor, Administrator or the Released Parties in connection with the Sweepstakes will be governed by and construed in accordance with the internal laws of the State of Delaware, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s laws.
BY ENTERING THE SWEEPSTAKES, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
13. Dispute Resolution. The parties each agree to finally settle all disputes only through arbitration; provided, however, the Sponsor and Administrator shall be entitled to seek injunctive or equitable relief in the state and federal courts Delaware, and any other court with jurisdiction over the parties. In arbitration, there is no judge or jury and review is limited. The arbitrator’s decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to this Sweepstakes shall be resolved solely by binding arbitration before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. (“JAMS”) or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a “Demand for Arbitration”, then either party can elect to have the arbitration administered by the American Arbitration Association (“AAA”) or any other mutually agreeable arbitration administration service. If an in-person hearing is required, then it will take place in Chicago, IL, New York City, NY, Los Angeles, CA, Atlanta, GA or Dallas, TX (whichever is closest to entrant’s residence); provided, however, if none of these locations are convenient for the hearing, the parties may mutually agree on an alternative location. The federal or state law that applies to these Official Rules will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn’t apply and the dispute must be brought in a court of competent jurisdiction in Los Angeles County, California. Sponsor agrees to pay the administrative and arbitrator’s fees in order to conduct the arbitration (but specifically excluding any travel or other costs of entrant to attend the arbitration hearing). Either party may, notwithstanding this provision, bring qualifying claims in small claims court.
14. List of Sweepstakes Winners / Official Rules Requests. To receive a list of Winners, send a stamped self-addressed envelope, prior to December 31, 2013, to: “Intel for Change Community Sweepstakes Winners List”, Intel Corporation, c/o TakePart, LLC, 331 Foothill Road, Third Floor, Beverly Hills, CA 90210 (Attn: TAG). Please indicate which Sweepstakes winners list you are requesting by referencing the name of the Sweepstakes, “Intel for Change Community Sweepstakes,” in your request. For a copy of these Official Rules, send a legal-size, self-addressed, stamped envelope to: “Intel for Change Community Sweepstakes Official Rules”, Intel Corporation, c/o TakePart, LLC, 331 Foothill Road, Third Floor, Beverly Hills, CA 90210 (Attn: TAG), prior to the end of the Sweepstakes Period. Please indicate which Sweepstakes Official Rules you are requesting by referencing the name of the Sweepstakes, “Intel for Change Community Sweepstakes,” in your request. Vermont residents may omit return postage with Official Rules requests.
16. Sponsor and Administrator. This Sweepstakes is sponsored by Intel Corporation, 2200 Mission College Blvd., Santa Clara, CA 95054-1549, and administered by TakePart, LLC, 331 Foothill Road, Third Floor, Beverly Hills, CA 90210 (Attn: TAG). Reference to third parties in connection with Prizes and/or third-party websites or services are for reference and identification purposes only and not intended to suggest endorsement, sponsorship or affiliation with Sponsor, other Sweepstakes Entities or the Sweepstakes.
//End of Official Rules//
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