Sponsor: XACTV Network, LLC
Eligibility: This Sweepstakes is open only to legal residents of the U.S. and its territories, possessions and commonwealths who are 21 years of age or older as of the date of the sweepstakes entry, except employees and members of their households, whether or not related, and immediate families (spouses, parents, siblings, children and each of their respective spouses regardless of where they reside) of Sponsor and each of its respective parent companies, subsidiaries and affiliates (collectively, the “Participating Parties”) who are not eligible to enter or win the Weekly Prizes. Sponsor reserves the right in its sole discretion to disqualify any person if Sponsor determines in its sole discretion that awarding the prize to such potential Weekly Prize Winner might reflect negatively on Sponsor. By entering, all participants and/or entrants agree to release the Released Parties from and against all claims and damages arising in connection with each entrant’s participation and/or entry in the Sweepstakes and/or his/her receipt or use of the Weekly Prize awarded in this Sweepstakes. Any and all warranties and guarantees with respect to any prize are subject to the respective manufacturer’s terms. This Sweepstakes is governed by U.S. and New York law and is subject to all applicable federal, state and local laws and regulations. Void outside the U.S. and its territories, possessions, and commonwealths and where prohibited by law.
Prize: One (1) Weekly Winner shall win the following prize (or a prize of equal or greater value which may be substituted at Sponsor’s sole discretion):
Bose SoundLink Color Bluetooth ® Speaker II
(published value of $129.95 as of April 8, 2019)
The odds of winning are based on the number of individuals submitting a completed entry. An online entry will not increase your chance of winning.
Sweepstakes Period and How to Enter: Beginning at 12:01 a.m. Eastern Time (“ET”) on May 6, 2019 until 11:59 p.m. ET on June 30, 2019 (the “Sweepstakes Period”), you may enter the XACTV Network Upfront Sweepstakes (the “Sweepstakes”) in either of the following ways: (i) online, by visiting the XACTV website (https://www.XACTVNETWORK.com) (the “Website”) and completing and submitting the online entry form (limit one (1) online entry, per valid email address, per eligible person for the duration of the Sweepstakes Period) or (ii) by mail by sending a completed entry form (a “Mailing”) to:
XACTV
298 5th Avenue
3rd Floor
New York, NY 10001
All entries submitted become the property of the Sponsor and will not be returned. Incorrect or incomplete entries are void. These official rules are also available at the Website.
All eligible entries received will be entered in the Weekly Drawings (as defined below). When you enter through either a Mailing or the Website, you may be asked to consent to receive promotional e-mails and reminders for upcoming promotions and to receive information about Sponsor, its affiliates, and the Participating Parties identified herein.
See Sponsor’s privacy policy for complete terms, available at https://www.xactvnetwork.com/privacy/. Consenting to receive such e-mails is optional, does not have to be agreed to in order to be eligible to enter the Sweepstakes, and does not improve your chances of winning. Sponsor and each of its respective affiliates, subsidiaries, parent corporations, and their respective officers, directors, shareholders, employees and agents, and any and all Internet servers and access provider(s) (collectively, “Released Parties”) are not responsible for: any incorrect or inaccurate entry information; human error; technical malfunctions; failures, omission, interruption, deletion, or defect of any telephone network, computer online systems, computer equipment, server providers, or software, including any injury or damage to participant’s or any other person’s computer relating to or resulting from participation in this Sweepstakes; inability to access the XACTV Website; theft, tampering, destruction, or unauthorized access to, or alteration of entries; entries that are processed late or incorrectly or are incomplete or lost due to computer or electronic malfunction or traffic congestion on the Internet or at any website; typographical, human or other errors; and any entries which are late, lost, incomplete, delayed, inaccurate, or any combination thereof. Entries are considered only upon receipt. Proof of online submission is not considered proof of delivery or receipt.
CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY’S FEES) FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
How the Weekly Winner will be Determined: One (1) potential winner per week (“Weekly Winners”) will be chosen by Sponsor in a random drawing from among all eligible entries received during the Sweepstakes Period (the “Weekly Drawings”). Sponsor anticipates that the potential Weekly Winners will be contacted either by phone, email from an email address sent from @XACTVnetwork.com, or in writing, between May 10, 2019 and July 10, 2019 (subject to change). The Weekly Winners will be required to execute an affidavit of eligibility, a non-disclosure agreement, and release of liability and publicity (where permitted by law), and return same, fully-executed, within five (5) business days of date of issuance of prize notification. If Sponsor is unable to contact the potential Weekly Winners within five (5) business days of the initial attempt, if the potential Weekly Winner fails to return all requested forms fully-executed by the specified date, or if the potential Weekly Winner fails to comply with these Official Rules, such Weekly Winner will be forfeited at Sponsor’s discretion, and an alternate Weekly Winner shall be selected. Sponsor reserves the right to select the winner in a random drawing format that shall be determined by Sponsor. Winner is solely responsible for any applicable sales taxes.
Prize Terms: Sponsor’s decisions with respect to the Weekly Winner and other matters pertaining to the Sweepstakes shall be final and binding. By entering into the Sweepstakes, each entrant consents to the use by Sponsor and Participating Parties and their designees of entrant’s name, photograph, likeness, biography, voice, performance and/or video for advertising and promotional purposes including Participating Parties’ content in any and all media (including online announcements) now or hereafter known, throughout the universe in perpetuity without additional compensation, notification or permission, except where prohibited by law.
General Conditions: Entry materials that have been tampered with or altered are void. If, in the Sponsor’s opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Sweepstakes, or if computer virus, bug, unauthorized intervention, fraud, or technical difficulties or other failures compromise, corrupt, or affect the administration, integrity, security, fairness, or proper conduct of the Sweepstakes, the Sponsor reserves the right at its sole discretion to disqualify any individual who tampers with the entry process and void any entries submitted fraudulently, to modify or suspend the Sweepstakes, or to terminate the Sweepstakes and conduct a random drawing to award the prize using all eligible, non-suspect entries received as of the termination date. Should the Sweepstakes be terminated prior to the stated expiration date, notice will be posted on the Website. Any attempt by an entrant or any other individual to deliberately damage any website or undermine the legitimate operation of the Sweepstakes is a violation of criminal and civil laws and should such an attempt be made, Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. In the event of a dispute as to the identity of the potential Weekly Winner based on an e-mail address, the winning entry will be declared made by the authorized account holder of the e-mail address submitted at time of entry. “Authorized Account Holder” is defined as the natural person who is assigned to an e-mail address by an Internet access provider, on-line service provider, or other organization (e.g., business, educational, institution) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Such Authorized Account Holder will be required to comply with these Official Rules.
General Prize Conditions: All federal, state, and local taxes on the Weekly Prize are the Weekly Winner’s responsibility. Sponsor reserves the right to substitute the Weekly Prize, or portions thereof, with a prize of comparable or greater value, at its sole discretion.
Disputes/Governing Law: All issues and questions concerning the construction, validity, interpretation and enforceability of these rules, or the rights and obligations of any entrant in connection with the Promotion, shall be governed by and construed in accordance with the laws of the State of New York without giving effect to any choice of law or conflict of law rules or provisions which would cause the application or the laws of any jurisdiction other than the State of New York. Any action or litigation concerning this Agreement shall take place exclusively in the federal or state courts sitting in Rockland County, New York, and you expressly consent to the jurisdiction of and venue in such courts and waive all defenses of lack of jurisdiction and inconvenient forum with respect to such courts. Any and all disputes, claims, and causes of action arising out of or in connection with this Promotion, shall be resolved individually, without resort to any form of class action. You agree to service of process by mail or other method acceptable under the laws of the State of New York. ANY CLAIMS, JUDGMENTS AND/OR AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS ASSOCIATED WITH ENTERING THIS PROMOTION. YOU (AND YOUR PARENTS OR LEGAL GUARDIANS IF YOU ARE A MINOR) HEREBY WAIVE ANY RIGHTS OR CLAIMS TO ATTORNEY’S FEES, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ENTRANT, IDENTIFIABLE PERSONS, OR THIRD PARTY PARTICIPANTS, WHETHER FORESEEABLE OR NOT AND WHETHER BASED ON NEGLIGENCE OR OTHERWISE.
Winner’s List: Beginning on or about May 10, 2019, you may obtain the name of the Weekly Winner by writing to the address set forth above (Attn: Sweepstakes Winners List) or sending an email to info@XACTVnetwork.com.
