Element Electronics Brand Relaunch 2020 Giveaway

OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER OR WIN. PURCHASE DOES NOT INCREASE THE CHANCE OF WINNING.

INTERNET ACCESS AND A VALID EMAIL ADDRESS ARE REQUIRED TO ENTER.

**WINNER IS RESPONSIBLE FOR ANY TAXES**

Participation in and submission of an entry to the Element Electronics Brand Relaunch 2020 Giveaway (the “Promotion”) constitutes your agreement to be bound by these Element Electronics Brand Relaunch 2020 Giveaway Official Award Rules (the “Official Award Rules”).

1. Promotion Period. The Promotion shall occur during the period commencing at 10:00:00 AM Central Time (“CT”) on Monday, November 2, 2020 and ending at 11:59:00 PM CT on Sunday, November 8, 2020 (the “Promotion Period”). Entries submitted past the expiration of the Promotion Period as set forth above will not be accepted and will be destroyed. ENTRIES DO NOT CARRY FORWARD AND ARE NOT ELIGIBLE FOR SUBSEQUENT DRAWINGS.

2. Sponsor. The Promotion is sponsored by Element TV Company, LP (“Sponsor”).

3. Eligibility. Participation is open only to living individuals of the lower forty-eight (48) States of the United States during the Promotion Period, and are legal residents of the forty-eight States of the United States and the District of Columbia and who are at least 18 years of age or older (except residents of Alabama and Nebraska who must be 19 years of age or older, and residents of Mississippi who must be 21 years of age or older) as of the commencement of the Promotion Period. VOID IN PUERTO RICO, HAWAII, AND ALASKA AND OUTSIDE THE U.S., AND WHERE PROHIBITED OR RESTRICTED BY LAW.

Eligibility does not include: Employees, officers and directors of Sponsor and its respective subsidiaries, members, affiliates, advertising, promotion and web design agencies, and their respective affiliates, assigns or representatives; and any other individuals or entities associated with the development, administration, promotion, advertising, execution of, or supply to this Promotion (collectively, “Promotion Entities”); and family members or persons living in the same household as such individuals, whether related or not, are not eligible to participate or win. Participation in this Promotion constitutes your agreement to be bound by these Official Award Rules.

4. How to Enter. To enter the Promotion, you must do one of the following (a) or (b) during the Promotion Period: 

(a) “follow” Sponsor’s Instagram account, and 

(i) “tag” your favorite person to watch TV with and tell Sponsor your favorite movie scene to win the TV, or 

(ii) “tag” your favorite person to have a dance party with and your all-time favorite song to win the Sound Bar.

or

(b) “like” the identified Sponsor Facebook post for the Promotion, and 

(i) “comment” what room you would put your new TV in to win the TV, or

(ii) “comment” what your all-time favorite artist is to win the Sound Bar. 

Any entry that does not contain valid information may be disqualified in Sponsor’s sole discretion. Limit six (6) entries per person total, regardless of method of entry. Entries do not carry forward and are not automatically entered in subsequent promotions or later random drawings. 

Proof of submission of an Entry shall not be deemed proof of receipt by Sponsor. Sponsor is the official timekeeper for the Promotion. Once submitted, Entries will not be acknowledged or returned. By entering the Promotion, each participant agrees to be bound by these Official Award Rules and the decisions of Sponsor in connection with the Promotion, whose decisions are final and binding on all matters relating to the Promotion. Winning a prize is contingent upon fulfilling all of the requirements in these Official Award Rules.

5. Random Drawings/Odds of Winning. Fifteen (15) winners will be selected after the Promotion Period in a random drawing by Sponsor. Entries included in the random drawing will be selected from among all eligible entries through the dates of the Promotion Period. The odds of winning depends upon the number of entries. The Promotion will be promoted on the internet and available to all eligible participants in the U.S.

6. Prizes. The following 15 prizes are available to be awarded (each, a “Prize”):

(a) One Element 70” Roku TV (“TV”), with an approximate retail value (“ARV”) of $600.00.

(b) One 2.1 Element Sound Bar (“Sound Bar”) with an ARV $129.00

(c) Three Element prize packs, each with an ARV of $50.00.

(d) 10 Starbucks eGift cards, each with an ARV of $5.00. 

In no event will more than one Prize be awarded to one eligible participant. The ARV of the TV and the Sound Bar may fluctuate and change between the date of commencement of the Promotion and the date that the Prizes are awarded or redeemed. Prize Winners will not receive the difference between actual and approximate retail values. Representatives of Sponsor will arrange to ship the Prizes to each Prize Winner after the Prize Winners have been announced, and each Prize Winner shall ensure that his/her residence is accessible for the delivery to a physical address of such Prize based on a confirmed date between Sponsor and each Prize Winner.

The Prizes may not be assigned, transferred, changed or redeemed for cash, except at the sole discretion of Sponsor. Sponsor reserves the right to substitute any Prize for one of equal or greater value if the designated Prize should become unavailable for any reason.

7. Taxes. The Prize Winners shall be solely responsible for all (i) federal, state, provincial and/or local taxes, and (ii) other fees and expenses not specified herein associated with the receipt and use of each Prize. Each Prize Winner may be required to complete and submit an IRS Form W-9 with his or her social security number or the equivalent for receipt of the Prize. Failure to submit a complete W-9 or equivalent will result in forfeiture of said Prize. The Prize values may be reported to the IRS and other appropriate government agencies. The Prizes are awarded “AS IS” and WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

8. Winner Notification. The Prize Winners will be notified via the platform upon which such winner entered (i.e., Facebook or Instagram) after completion of the applicable random drawing at or before 5:00:00 PM CT on Monday, November 9, 2020. If a Prize Winner notification is returned as undeliverable or a Prize Winner cannot be reached, a potential Prize Winner is ineligible, or a Prize Winner declines the Prize, the Prize will be awarded to an alternate, randomly selected participant as a new Prize Winner. Prize Winners must respond by 11:59:00 PM CT on Sunday, November 15, 2020 or the Prize will be forfeited and may be awarded to an alternate Prize Winner. If a Prize is declined by a Prize Winner, or Prize notification is returned as undeliverable, or in the event of noncompliance with these Official Rules, the Prize will be forfeited and may be awarded to an alternate Prize Winner in Sponsor’s sole discretion. Only one alternate Prize Winner per Prize will be selected. If documents are required and the alternate Prize Winner does not return them within seven business days from date of issuance or declines the Prize or Prize notification is returned as undeliverable, or in the event of noncompliance with these Official Rules, the Prize will remain unawarded. Prize Winners are subject to verification, including verification of age. Sponsor is not responsible for any change of email address, mailing address and/or telephone number of participants. P.O. Boxes are not acceptable as mailing addresses. Awarding of a Prize is subject to verification of each Prize Winner’s eligibility and full compliance with these Official Award Rules.

As a condition of accepting the Prize, the Prize Winners must respond to Sponsor’s notification of winning by 11:59:00 PM CT on Sunday, November 15, 2020, and must: 1) execute and return a Release of Liability and Publicity document within two (2) business days from the Prize Winner’s written confirmation of winning; and 2) provide Sponsor with his/her social security number and a copy of a valid government issued photo identification along with the above Release document. Failure to sign and return the Release will result in forfeiture of the Prize. Failure to return all required documents in this time period may result in the potential winner being disqualified and an alternate winner being selected. Any unclaimed and/unused portion of a Prize will be forfeited and will not be substituted, nor will there be any refund for any unclaimed and/or unused portion of a Prize.

9. General.

A. NO PURCHASE NECESSARY AND PURCHASE DOES NOT INCREASE CHANCE OF WINNING. THIS PROMOTION IS IN NO WAY SPONSORED BY, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH, FACEBOOK OR INSTAGRAM.

B. Promotion Cancellation. Sponsor reserves the right, in its sole discretion to cancel, terminate or suspend this Promotion in its sole discretion. The Promotion Entities and their respective parent companies, subsidiaries, officers, directors, partners, principals, partnerships, employees or agents are not responsible for any hardware, software or telephone failures of any kind. Sponsor reserves the right, in its sole discretion, to disqualify any individual who tampers with the Promotion violates these Official Award Rules, or otherwise engages in fraudulent or offensive conduct with respect to this Promotion.

CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PARTICIPANTS TO THE FULLEST EXTENT OF THE LAW.

C. Waiver. Sponsor’s failure to enforce any term of these Official Award Rules shall not constitute a waiver of that provision. Should any provision of these Official Award Rules be deemed unenforceable or invalid, the other provisions of these Official Award Rules shall remain in full force and effect. In the event that this Promotion is challenged by any legal or regulatory authority (including but not limited to any federal or provincial or state governmental authority), Sponsor reserves the right to discontinue or modify the Promotion, as applicable, or to disqualify any participants residing in any affected geographic areas, as applicable. In such event, Sponsor shall have no liability to any participants who are disqualified due to such an action.

D. Privacy Policy. Any personal information collected will be subject to Sponsor’s Privacy Policy. By entering this Promotion, each participant agrees that Sponsor has the right to contact participant by telephone, email or regular mail as set forth by these Official Award Rules. In the event of any discrepancy between Sponsor’s Privacy Policy and these Official Award Rules, the Privacy Policy will govern and control. For Sponsor’s on-line Privacy Policy, please visit
http://www.elementelectronics.com/privacy-policy-2/.

E. Publicity. Acceptance of a Prize by each Prize Winner constitutes permission (except where prohibited) for Sponsor and its designees to use Prize Winner’s name, voice, image, likeness, photographs, statements, biographical information and any other personal characteristics, in any and all media now or hereafter known, for any purpose, including, without limitation, marketing, promotional and/or publicity purposes, without additional compensation to the Prize Winners.

The Prize Winners must be available for interviews and photos, on dates and times to be decided by Sponsor, for release in national and regional television, newspapers, magazines, and Element marketing and promotional materials in all mediums including but not limited to www.elementelectronics.com.

F. Release of Liability. By participating, all participants agree to release, indemnify and hold harmless Sponsor and its respective officers, directors, employees, representatives and agents from and against any and all liabilities, claims, judgments, injuries, damages, expenses, or losses whatsoever, including without limitation, property damage, personal injury and/or death which may occur in connection with the Promotion, or possession, acceptance and/or use or misuse of the prize or participation in any Promotion-related activity and for any claims based on publicity rights, defamation or invasion of privacy.

G. Third Party Terms and Conditions. The Prizes may be subject to additional terms, conditions and restrictions of third-party providers, including but not limited to access to the Internet. You acknowledge and agree that Sponsor will not be responsible for any agreement between you and such third-party providers or any content, applications or software provided by such third parties.

H. South Carolina Law. Except where prohibited, by participating each participant agrees that all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Award Rules, or the rights and obligations of participants and Sponsor and its agents shall be governed by and construed exclusively in accordance with the laws of the State of South Carolina without giving effect to any principles of conflicts of law of any jurisdiction. Except where prohibited, by participating in this Promotion, each participant agrees that: (a) any and all disputes, claims, and causes of action arising out of or connected with this Promotion, or awarding of the prizes, shall be resolved individually, without resort to any form of class action; and (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Promotion but in no event attorneys’ fees; and (c) under no circumstances will any participant be permitted to obtain awards for and hereby waives all rights to claim 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 limitations or exclusion of liability for incidental or consequential damages, so the above may not apply to you.

10. Request for Winner List and Official Award Rules. For Official Award Rules and/or the Winner List, send a self-addressed stamped envelope to: Element Electronics Brand Relaunch 2020 Promotion, PO Box 581, Winnsboro, SC, 29180. Residents of Vermont may omit return postage on rules requests. The complete winner list will be available 30 days after the end of the Promotion Period.

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Element, E Element, Element Electronics, E are trademarks of Element Brand Holding, LLC.