CNET's Always On / Torture Test Giveaway
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. YOU HAVE NOT YET WON. MUST BE LEGAL RESIDENT OF THE UNITED STATES, AT LEAST 18 YEARS OLD OR AGE OF MAJORITY, WHICHEVER IS OLDER IN YOUR STATE OF RESIDENCE AT DATE OF ENTRY INTO SWEEPSTAKES. VOID IN PUERTO RICO, ALL U.S. TERRITORIES AND POSSESSIONS AND WHERE PROHIBITED BY LAW.
Sponsor, Administrator and Prize Provider: CNET, a Division of CBS Interactive, Inc. 235 Second Street, San Francisco, California 94105.
Prize Provider: CNET, Always On with Molly Wood
Sweepstakes Entities: CBS Interactive Inc. ("CBSI")
1. Acceptance of Rules. By entering the CNET's Always On / Torture Test Giveaway (the "Sweepstakes") operated on the CBSI web site accessible at the domain "cnet.com" (the "CNET Service"), you hereby accept and agree to these official rules (the "Official Rules") of this Sweepstakes, and the decisions of the Administrator in connection with this Sweepstakes, whose decisions are final.
2. Eligibility. This Sweepstakes is offered and open to persons who are (a) Registered users of the CNET Service, (b) legal residents of one (1) of the United States, and (c) at least 18 years old or age of majority, whichever is older, in their state of residence at the date of entry in this Sweepstakes. For purposes of these Official Rules, "Registered User" means a person who has successfully completed the registration form and has obtained a User Identification ("ID") and associated password ("Password") on CNET.com.
If you are not a Registered User you may become a Registered User and obtain an ID and a Password by completing the CNET Service registration form by going to cnet.com and clicking on the "Join CNET" link at the top of the page. There is no fee or charge to become a Registered User. Employees and directors, and their immediate family members, of the Sweepstakes Entities, and their parents, affiliated and subsidiary companies, advertising and promotion agencies and legal and financial advisors are not eligible to participate in this Sweepstakes. For purpose of the foregoing "immediate family" means parents, spouses, children, siblings or any members of the same households of such employees and directors. This Sweepstakes is void outside of the U.S., in Puerto Rico, all U.S. territories and possessions and where prohibited by law.
3. Promotion Period. The Sweepstakes begins on October 8, 2013 at 12 PM PT and ends at 5 PM PT on October 11, 2013 (the "Promotion Period").
4. Entering the Sweepstakes. To enter this Sweepstakes register into the CNET Service, sign into the community/blog area of the CNET Service and post a comment on the blog entry associated with the Sweepstakes. Limit one comment/entry per person. Users submitting more than one entry will be disqualified. User information will be verified through a validated CNET account.
5. Prize. One winner (the "Winner") will be awarded a prize (the "Prize") that consists of the one (1) item that was utilized and can be seen during the torture test segment of the Always On show on the CNET Service (this week it is the Nokia Lumia 1020). Approximate retail value prior to the Prize being "tortured" and/or damaged Two Hundred Ninety Nine (US $299). Actual value will vary depending on the results of the torture test and amount of damage, if any.
6. Prize Restrictions. No assignment, transfer, conversion to cash or cash redemption or substitution of the Prize is permitted, except Administrator reserves the right to substitute the Prize with a prize of comparable or greater value should the Prize become unavailable. Prize is solely for personal use and may not be used in conjunction with any other promotion. All Prize details are at the sole discretion of the Sweepstakes Entities.
7. Odds/Drawings/Winner Notification. Odds of winning the Prize depend on the number of eligible entries received during the Promotion Period. On or about October 14, 2013 the Prize drawing will be conducted at random by Administrator, whose decisions are final and binding in all respects. The potential Prize Winner will be notified through the internal messaging system on the CNET Service. Potential Prize Winner will be asked to provide their personal information such as their name, email address, physical address, date of birth and phone number in order to confirm eligibility and compliance with these official rules. If the potential Prize Winner cannot be reached after a reasonable effort has been made during three (3) business days from the first notification attempt, such person may be disqualified, with an alternate Prize Winner selected in accordance with these Official Rules. Administrator will only select up to two (2) alternates. If no contact has been made with the alternates after a reasonable effort has been made, the Prize shall not be awarded.
8. Prize Taxes. All federal, state, local and other tax liabilities arising from this Sweepstakes, including, without limitation, winning the Prize, will be the sole responsibility of the Winner.
9. Affidavit of Eligibility/Liability Release and Publicity Release. Winner may be required to complete, execute and return an Affidavit of Eligibility/Liability Release, and where lawful, a Publicity Release (collectively, the "Release Forms") within five (5) days of notification of winning. Failure to return Release Forms timely, or if Prize notification or the Prize is returned as non-deliverable, or if a Winner is found not to be eligible or not in compliance with these Official Rules, may result in disqualification with an alternate Winner selected in accordance with these Official Rules.
10. Publicity Release Terms. Except where prohibited by law, a Winner's acceptance of a Prize constitutes permission for the Sweepstakes Entities to use 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.
11. Improper Conduct. Administrator, in its sole discretion, may disqualify any entrant from participation in or use of any or all portions of this Sweepstakes, and refuse to award the Prize, if entrant engages in any conduct Administrator deems to be improper, unfair or otherwise adverse to the operation of the Sweepstakes or detrimental to other entrants of the Sweepstakes. Such improper conduct includes, without limitation, falsifying personal information required during entrant registration or Prize claim, violating any term or condition stated herein, accumulating entries through methods such as automated computer scripts or any other programming techniques, allowing others to use entrant's personal information for the purpose of accumulating entries, or intentionally trying to defraud, reverse engineer, disassemble or otherwise tamper with the computer programs in connection with this Sweepstakes. Entrants agree that Administrator may void any part of a Prize that entrant may have won and/or require the return of any part of a Prize that entrant may have won as a result of such improper conduct. Entrant further acknowledges that any forfeiture of the a Prize and/or return of a Prize shall in no way prevent Administrator from pursuing other avenues of recourse such as criminal or civil proceedings in connection with such conduct. WARNING: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, EACH OF THE SWEEPSTAKES ENTITIES RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR SUCH ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
12. Integrity of Sweepstakes. If, for any reason, the Sweepstakes is not capable of running as planned by reason of infection by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which Administrator, in its sole opinion believes could corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, Administrator reserves the right at its sole discretion to cancel, terminate, modify or suspend this Sweepstakes and select the Winner from entries received prior to the action taken or in such other manner as Administrator may deem fair and appropriate.
13. Lost or Corrupted Entries. The Sweepstakes Entities, and their parents, affiliated and subsidiary companies and advertising and promotion agencies, assume no liability and are not responsible for, and you hereby forever waive any rights to any claim in connection with, lost, late, incomplete, corrupted, stolen, misdirected, illegible or postage due entries or mail, if applicable; or for any computer, telephone, cable, network, satellite, electronic or Internet hardware or software malfunctions, unauthorized human intervention, or the incorrect or inaccurate capture of entry or other information, or the failure to capture any such information. The Sweepstakes Entities, and their parents, affiliated and subsidiary companies, advertising and promotion agencies, are not responsible for any incorrect or inaccurate information, whether caused by registration information submitted by end users or tampering, hacking, or by any of the equipment or programming associated with or utilized in this Sweepstakes, and assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to the Sweepstakes.
14. Damaged Property. Sweepstakes Entities, the Prize manufacturer and their parents, affiliated and subsidiary companies and advertising and promotion agencies, assume no liability and are not responsible for, and you hereby forever waive any rights to any claim in connection with, the Prize, any injury or damage to any entrants or to any other person's computer or property related to or resulting from the Prize or utilizing the Prize, participating in this Sweepstakes or downloading materials from this Sweepstakes.
15. Sweepstakes Errors. The Sweepstakes Entities, and their parents, affiliated and subsidiary companies and advertising and promotion agencies, assume no liability and are not responsible for, and you hereby forever waive any rights to any claim in connection with, errors and/or ambiguity: (a) in the Sweepstakes; (b) in any related advertising or promotions of this Sweepstakes; and/or (c) in these Official Rules. In the event of any ambiguity(s) or error(s) in these Official Rules, Administrator reserves the right to modify these Official Rules for clarification purposes or to correct any such ambiguity or error(s) without materially affecting the terms and conditions of the Sweepstakes.
16. Prize and Winner. The Sweepstakes Entities, the Prize manufacturer and their parents, affiliated and subsidiary companies and advertising and promotion agencies, assume no liability and are not responsible for, and you/entrant hereby forever waive/s any rights to any claim in connection with, the selection and announcement of the Winner, the Prize, the distribution of the Prize, the acceptance/possession and/or use/misuse of any part of the Prize and/or any injury to Prize winner as a result of using the Prize or damage to any entrant's or third person's property related to or resulting from any part of the Prize or use of the Prize or any part of this Sweepstakes.
17. Release and Indemnity. Each entrant in this Sweepstakes, including, without limitation, the Winner, hereby releases and agrees to hold harmless the Sweepstakes Entities and their parents, affiliates, subsidiaries, advertising and promotion agencies and their respective directors, officers, employees, representatives and agents from any and all liability for any injuries, loss or damage of any kind to person, including death, and property, arising in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of the Prize, participation in this Sweepstakes and participation in any activity related to use of the prize or this Sweepstakes.
18. Limitation of Liability. IN NO EVENT WILL THE SWEEPSTAKES ENTITIES, THEIR PARENTS, AFFILIATES, SUBSIDIARIES AND RELATED COMPANIES, THEIR ADVERTISING OR PROMOTION AGENCIES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS, 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 SWEEPSTAKES, USE OF THE PRIZE OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM THE SWEEPSTAKES. SOME JURISDICTIONS MAY NOT ALLOW THE 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.
19. Disclaimer of Warranties. THE SWEEPSTAKES AND PRIZE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. IN NO EVENT WILL ANY MANUFACTURER WARRANTY APPLY TO THIS PRIZE. PRIZE IS CONSIDERED A PROP AND NOT MEANT FOR PERSONAL USE OR OTHERWISE. IF PRIZE WINNER USES PRIZE, PRIZE WINNER ASSUMES ALL RISK RELATED TO THE PRIZE INCLUDING BUT NOT LIMITED TO FIRE, ELECTRICAL EXPLOSION OR ANY OTHER CIRCUMSTANCE THAT CAUSES INJURY OR DEATH TO SELF OR OTHERS.
20. Identity Disputes. In the event of a dispute as to the identity of a winner based on an email address, the winning entry will be declared made by the Authorized Account Holder of the email address submitted at time of entry. For purposes of these Official Rules, "Authorized Account Holder" is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.
21. Binding Arbitration. The parties waive all rights to trial in any action or proceeding instituted in connection with these Official Rules and/or this Sweepstakes. Any controversy or claim arising out of or relating to these Official Rules and/or this Sweepstakes shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the State of New York, in the City of New York and judgment on the arbitration award may be entered into any court having jurisdiction thereof.
22. Governing Law and Jurisdiction. This promotion is governed by US law and is subject to all applicable federal, state and local laws and regulations. Void where prohibited by law. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant and Administrator in connection with this Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of New York, U.S.A., without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth in Section 21 of these Official Rules and/or for entering any judgment on an arbitration award, shall take place in the State of New York, in the City of New York.
23. Winner List/Official Rules. For the name of the Prize Winner send a self-addressed stamped envelope for receipt by November 15, 2013 to "Winner's list, CNET's Always On Giveaway - Nokia Lumia 1020 c/o CNET", a Division of CBS Interactive, Inc. 28 E. 28th St, New York, NY 10016. For Official Rules send a self-addressed stamped envelope to the above address marked "Official Rules: CNET's Always On Giveaway - Nokia Lumia 1020" for receipt by October 31, 2013. The full name of the Winner may be posted and the Official Rules will be posted on the CNET Service.