QALO UFC 205 SWEEPSTAKES OFFICIAL RULES
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. Eligibility: Win a trip to UFC 205 at Madison Square Garden in New York, New York on November 11-13th, 2016 (the “Sweepstakes”) is open only to legal residents of the fifty (50) United States (other than residents of Rhode Island) and the District of Columbia who are at least eighteen (18) years of age or the age of majority in their state of residence, whichever is older, as of the date of entry. Employees of Qalo, Inc. (collectively, "Sweepstakes Entities"), and each of their affiliates, and their employees, shareholders, officers, directors, agents, members and assigns, as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee, shareholder, officer, director, agent, member and/or assign (whether or not related) are not eligible. The Sweepstakes is subject to all applicable federal, state, and local laws and regulations and is void where prohibited. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s (as defined below) decisions, which are final and binding in all matters related to the Sweepstakes. Winning a Prize (as defined below) is contingent upon fulfilling all requirements set forth herein.
2. Sponsor: Qalo Inc.
3. Timing: The Sweepstakes begins on October 10th, 2016 at 12:00 a.m. Pacific Time ("PT") and ends on October 25th, 2016 at 11:59 p.m. PT (the "Promotion Period"). Sponsor’s computer is the official time- keeping device for the Sweepstakes.
4. How to Enter: During the Promotion Period, visit http://qalo.com/pages/win-a-trip-to-ufc-205 ("Promotion Website") and follow the links and instructions to complete and submit the registration form including a valid email address. You automatically will receive one (1) entry into the Sweepstakes. Limit: Each entrant may receive a maximum of one (1) Sweepstakes entry during the Promotion Period. Multiple participants are not permitted to share the same email address. Any attempt by any participant to obtain more than the stated number of entries by using multiple/different email addresses, identities, registrations and logins, or any other methods will void that participant's entries and that participant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. The Released Parties (as defined below) are not responsible for lost, late, incomplete, invalid, unintelligible or misdirected registrations, which will be disqualified. In the event of a dispute as to any registration or play, the authorized account holder of the email address used to register will be deemed to be the registrant or player. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Potential t(s) may be required to show proof of being the authorized account holder.
5. Prize Drawing: Sponsor’s decisions as to the administration and operation of the Sweepstakes and the selection of the potential Grand Prize winner is final and binding in all matters related to the Sweepstakes. Sponsor will randomly select the potential Sweepstakes winner from all eligible entries received during the Promotion Period, anticipated to be on October 26th, 2016. After the drawing date, the potential winner will be notified by email. Except where prohibited, the potential winner (and the guest of the Grand Prize Winner) will each be required to sign and return a Declaration of Compliance and a Liability & Publicity Release, which must be received by Sponsor within three (3) days of the date of notice or attempted notice is sent in order to claim the prize. If a potential winner cannot be contacted, or fails to sign and return the Declaration of Compliance and the Liability & Publicity Release within the required time period, such potential winner automatically forfeits the applicable Prize. Receiving a Prize is contingent upon compliance with these Official Rules. In the event that a potential winner is disqualified for any reason, Sponsor will award the applicable Prize to an alternate winner by random drawing from among all remaining eligible entries. Only three (3) alternate drawings will be held, if time permits, after which the prize will remain un-awarded.
ONE (1) GRAND PRIZE: The Grand Prize will consist of the following elements:
1. Round-trip coach-class air transportation for two (2) from a major airport near the Grand Prize winner’s home (as determined by Sponsor in its sole discretion) to New York, New York, November 11-13, 2016. Approximate Retail Value ("ARV"): $1,000.
2. Two (2) nights' accommodations at a hotel determined by Sponsor in its sole discretion (single room, double occupancy) ARV: $1100.
3. Daily per diem of $200 for three (3) days ARV: $600
4. Two (2) Tickets to UFC 205. ARV: $2,000
Winner of the Grand Prize and his or her guest must travel on November 11th, 2016, through November 13th, 2016, or such prize will be forfeited in its entirety. All seating and other locations for the event and prize will be determined by Sponsor in its sole discretion and you acknowledge that elements are subject to change subject to Sponsor determinations, decisions of UFC and/or other circumstances. In any event, no refund or compensation will be made in the event of the cancellation or delay of any flight, the race or other portions of the prize. Travel and accommodations are subject to availability. Travel is subject to the terms and conditions set forth in this Sweepstakes, and those set forth by the Sponsor’s airline carrier of choice as detailed in the passenger ticket contract. All expenses and incidental travel and accommodation costs not expressly stated in the package description above, including but not limited to, ground transportation, meals, incidentals, passenger tariffs or duties, airline fees, surcharges, airport fees, baggage fees, Internet charges, service charges or facility charges, personal charges at lodging, security fees, taxes or other expenses are the responsibility solely of winner. Unless child of winner, travel companion must be eighteen (18) years of age or older as of the date of departure or a sibling/friend of winner with the appropriate parental permissions and releases and must travel on same itinerary and at the same time as the winner. Travel companion must execute liability/publicity releases prior to issuance of travel documents. Travel restrictions, conditions and limitations may apply. If in the judgment of Sponsor air travel is not required due to winner’s proximity to Prize location, ground transportation will be substituted for round-trip air travel at Sponsor’s sole discretion. Travel companion must execute liability/publicity releases prior to issuance of travel documents. Travel restrictions, conditions and limitations may apply. Sponsor will not replace any lost, mutilated, or stolen tickets, travel vouchers or certificates. The Released Parties (defined below) are not responsible if any event or portion of the Prize is delayed, postponed or cancelled for any reason, in which event that portion of Prize is forfeited in its entirety and no substitution will be provided except as in Sponsor’s sole discretion. Tickets are subject to certain terms and conditions as specified by issuer. The Grand Prize winner agrees that the tickets are awarded pursuant to a revocable, nontransferable license that is personal to the winner and may not be sold, resold, auctioned, bartered, assigned, exchanged, placed in commerce, transferred, given away, donated, or otherwise conveyed. Certain activities in connection with the Grand Prize may require winner’s guest to be eighteen (18) years of age to participate, and each winner must comply with all venue and event rules and regulations, including execution of all required releases. Failure to do so may result in forfeiture of such portion(s) of Prize. Actual value may vary, including, without limitation, based on airfare fluctuations and distance between departure and destination. Winner will not receive difference between actual and approximate retail value.
All Prizes are non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute the Prize or a Prize component for one of equal or greater value if the designated Prize should become unavailable for any reason. Winner is responsible for all taxes and fees associated with Prize receipt and/or use, including but not limited to, all state, federal, and income taxes. Odds of winning any Prize depends on the number of eligible Entries received during the Promotion Period.
7. Release: By submitting an entry, entrant agrees to release, discharge, indemnify and hold harmless Sponsor and Sweepstakes Entities, promotional partners, and their respective subsidiaries, affiliates, limited liability companies, suppliers, distributors, advertising/promotion agencies, attorneys and prize suppliers, and each of their respective parent companies and each of their respective officers, shareholders, directors, members, employees, licensors, successors, assigns 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 related activities) or receipt or use or misuse of any Prize or from any delay in receiving any prize awarded. By submitting an entry, entrants agree that they have no right to bring (and covenant not to bring) any claims, action, or proceeding of any kind whatsoever against Released Parties in connection with this Sweepstakes.
8. Publicity: Except where prohibited, participation in the Sweepstakes constitutes winner’s consent to Sponsor’s, Sponsor’s affiliates, their agents’, and promotional partners’ use of winner’s name, likeness, photograph, video footage, voice, opinions and/or hometown and state for promotional purposes in perpetuity 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 the Official Rules of this 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 cellular networks, phone lines, computer online systems, computer equipment, website, server provider 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; (5) late, lost, undeliverable, damaged or stolen mail; or (6) 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, if it is possible. If the Sweepstakes, or any part of it, is discontinued for any reason, Sponsor, in its sole 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 the 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, un-awarded, 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 appropriate Court in Los Angeles, California; (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. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and the Released Parties in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of California without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.
13. Winner List: For a winner list, send a self-addressed, stamped envelope to: QALO UFC 205 Sweepstakes, 3011 South Croddy Way, Santa Ana, CA 92704.
© 2016 Qalo LLC. All rights reserved.