CNET's Live Holiday Giveaway"
NO PURCHASE OR WIRELESS DEVICE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. YOU HAVE NOT YET WON. MUST BE A LEGAL RESIDENT OF THE UNITED STATES OR CANADA (EXCLUDING QUEBEC) AND AT LEAST 18 YEARS OLD OR AGE OF MAJORITY, WHICHEVER IS OLDER IN YOUR STATE OF RESIDENCE, AT DATE OF ENTRY INTO THE SWEEPSTAKES. THIS SWEEPSTAKES IS VOID IN PUERTO RICO, ALL U.S. TERRITORIES AND WHERE PROHIBITED BY LAW. DATA RATES MAY APPLY.
Sponsor, Administrator & Prize Provider: CNET, a Division of CBS Interactive, Inc. ("CBSI"), 235 Second Street, San Francisco, California 94105
Sweepstakes Entities: CBSI
THIS SWEEPSTAKES IS NOT SPONSORED, ENDORSED OR ADMINISTERED BY TWITTER. Data rates may apply when participating, see section below for details.
1. Acceptance of Rules. By entering the "CNET's Live Holiday Giveaway" (the "Sweepstakes"), which is operated via the CNET page, on the Twitter website, accessible at the domain "twitter.com/cnet" (the "Twitter 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.
If you are a wireless service subscriber and have a smartphone, tablet or other wireless device that allows you to access the Internet, you may also enter this Sweepstakes via any of those devices during the Promotion Period (as defined below). If you choose to enter via wireless device, you may be charged message and data rates according to the Terms and Conditions of your Service Agreement with your wireless carrier. Each wireless carrier's rate plan may vary, and participants should contact their wireless carrier for information on rate plans and charges relating to your participation in this Sweepstakes.
2. Eligibility. This Sweepstakes is offered and open to persons who are: (a) Registered Users of the Twitter Service; (b) followers of the CNET website (@cnet) page on the Twitter Service; (c) legal residents of the United States or Canada (excluding Quebec); and (d) at least 18 years old or age of majority, whichever is older in their state/province of residence, at the date of entry in the Sweepstakes. Employees, directors, and immediate family members of the Sweepstakes Entities and their parents, and affiliated and subsidiary companies are not eligible to participate in this Sweepstakes. For purpose of the foregoing, "immediate family" is defined as parents, spouses, children, siblings or any members of the same households of such employees and directors. This Sweepstakes is void in the province of Quebec, in Puerto Rico, in all U.S. territories and possessions and where prohibited by law. For purposes of these Official Rules, "Registered User(s)" means a person that has successfully completed the registration form and has obtained user identification ("ID") and associated password ("Password") on the Twitter Service; there is no fee associated with becoming a Twitter Service registrant and/or a CNET website follower.
3. Promotion Period. The Sweepstakes begins on December 14, 2017 at 1:00:00 p.m. ET and ends at 1:40:00 p.m. ET on December 14, 2017 (the "Promotion Period").
4. Entering the Sweepstakes. To enter the Sweepstakes, if not already, become a Registered User (as specified above), become a follower of @cnet, and tweet using the hashtag "#CNETholiday" during the Sweepstakes Period, and you will receive an entry into the Sweepstakes. Limit of one (1) entry per person. Users who exceed the limit may be disqualified at Sponsor's sole discretion.
5. Prizes: The Sweepstakes will award ten (10) prizes (the "Prize(s)"). Each Prize consists of one (1) Sphero Mini. Each Prize has an approximate retail value ("ARV") of Fifty Dollars (US$50.00). Total ARV of all Prizes to be awarded in this Sweepstakes is Five Hundred Dollars (US$500.00).
6. Prize Restrictions: Certain terms and restrictions may apply on Prizes and will be furnished upon Prize claim. No assignment, transfer, conversion to cash or substitution of a Prize is permitted, except Administrator reserves the right to substitute a Prize with a Prize of comparable or greater value should the Prize or its components 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. Prizes will be awarded by random drawing. Odds of winning a Prize depends on the number of eligible entries received during the Promotion Period. The random Prize drawings will take place on or around December 14, 2017. The Prize drawings will be conducted by Administrator, whose decisions are final and binding in all respects. Potential Prize winners (the "Winners") will be notified by Administrator, via a message to their Twitter Service account. Potential Winners will be asked to provide their personal information, such as their name, physical address, date of birth and phone number in order to confirm eligibility with these Official Rules. Any potential Prize winner (the "Winner(s)") who is a resident of Canada will be required to correctly answer without assistance of any kind, whether mechanical or otherwise, a time-limited mathematical skill-testing question administered online or offline, in order to be declared a Winner. If a potential 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 Winner selected in accordance with these Official Rules. Administrator will select one (1) alternate Winner per Prize. If no contact has been made with the alternate after a reasonable effort has been made during three (3) business days from the first notification attempt, such Prize shall not be awarded. Unclaimed Prizes will not be awarded.
8. Prize Taxes. All federal, state, local and other tax liabilities arising from this Sweepstakes, including, without limitation, winning a Prize, will be the sole responsibility of each Winner.
9. Affidavit of Eligibility/Liability Release and Publicity Release. Winners may be required to complete, execute and return an Affidavit of Eligibility/Liability Release, and where lawful, a Publicity Release (collectively, the "Release Forms"), as well as a W-9 tax form within three (3) business days of notification of winning. Failure to return Release Forms in a timely manner, or if a Prize notification or 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, Twitter Service entry, 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 a 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. Winner(s) agree that Administrator may void any part of the Prize that a Winner may have won and/or require the return of any part of the Prize that a Winner may have won as a result of such improper conduct. Winner(s) further acknowledge(s) that any forfeiture of the 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, if the Sweepstakes is not capable of running as planned by reason of; infection by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical failures, cancellation of movie 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(s) 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, 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 this Sweepstakes.
14. Damaged Property. 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 injury or damage to any entrants or to any other person's computer or property related to or resulting from 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 this Sweepstakes; (b) in any related advertising or promotion 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 this Sweepstakes.
16. Prizes and Winners. 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/entrant hereby forever waive any rights to any claim in connection with the selection and announcement of the Winners, the distribution of the Prizes, the acceptance/possession and/or use/misuse of any part of a Prize and/or any injury or damage to any entrant's or third person's property related to or resulting from any part of a Prize or any part of this Sweepstakes.
17. Release and Indemnity. Each entrant in this Sweepstakes, including, without limitation, the Winner(s), 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 a Prize, participation in this Sweepstakes and participation in any activity related to 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 OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM THIS 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. THIS SWEEPSTAKES AND PRIZE(S) ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
20. Identity Disputes. In the event of a dispute as to the identity of a winner based on an email address or wireless phone number, the winning entry will be declared made by the Authorized Account Holder of the email address and/or phone number submitted at time of registration into Twitter and/or entry into this Sweepstakes. 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 U.S. 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 and 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's List/Official Rules. For the name of the Winner(s), send a self-addressed stamped envelope for receipt by December 31, 2017 to "Winner's list, CNET's Live Holiday Giveaway" 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 Live Holiday Giveaway" for receipt by December 31, 2017. Residents of VT may omit postage from self-addressed envelope. The full name of the Winner(s) may be posted and the Official Rules will be posted on cnet.com at: INSERT URL