GUNNAR’s “Overclock Giveaway”
Sponsored by GUNNAR Optiks (“Sponsor”).
NO ENTRY FEE. NO PURCHASE NECESSARY TO ENTER OR WIN. The Promotion begins at 4:00 PM Pacific Time (“PT”) March 7, 2012 and ends at 12:00 PM PT March 26, 2012 (the “Promotion Period”).
1. Eligibility: The “GUNNAR Overclock Giveaway” Promotion (the “Promotion”) is open to legal residents of the fifty (50) United States or the District of Columbia, residents of Canadian provinces and territories excluding Quebec, aged eighteen (18) or older as of the date of entry, who have an active e-mail account and Internet access. Employees of Sponsor, Sponsor’s parent company, affiliates, subsidiaries, advertising, promotion, and fulï¬llment or other coordinating agencies, individuals providing services to Sponsor through an outsourcer or temporary employment agency during the Promotion Period, and their respective immediate family members and persons living in their same household, are not eligible to participate in the Promotion. Participation in the Promotion constitutes entrant’s full and unconditional agreement to and acceptance of these Official Promotion Rules (“Official Rules”). VOID WHERE PROHIBITED.
2. How to Enter: To enter the Promotion (i) create an Overclock account; and (ii) answer three questions fully. If you are not already a registered user of Overclock, you must create an account and become one to enter the Promotion
To be an “Eligible Entry” the Member must:
(i) answers to all of the following questions:
1. How many hours do you spend using a computer per day (less than 3, 3 to 5, 5 to 7, 7+)? Which activities do you spend the most time on (ex. Coding, Programming, Social Media, Design, Gaming, etc)?
2. Do you experience any of the following symptoms during computer use: Eye strain/fatigue, Headaches, Dry eyes/irritation, Blurred vision, Problems with screen/overhead glare? Which benefits of GUNNAR eyewear is most attractive to you – reduced glare, improved focus, sharpened detail, minimized eye fatigue, or increased contrast?
3. Canadian Residents: What is 323 plus 10 divided by 4 times 3?
Each member is only allowed one entry during the promotion period. Any repeat posts by members will not be counted towards eligibility.
No mechanically reproduced entries are allowed and any use of robotic, automatic, programmed or the like entry methods will void all such entries by such methods.
3. Prize Drawing: All qualified Submissions will be judged by a panel designated by Sponsor who are members of Overclock’s senior editorial team with expertise on the subject matters discussed on the site. The Submissions will be judged according to the following equally weighted factors: (i) clarity; (ii) originality; (iii) the degree to which the entry is informed and appropriate; and (iv) creativity. The decisions of the judges will be final. A Submission must be an original work of entrant's own creation and must not have been entered in any other competition. A Submission may not violate the intellectual property or proprietary rights of other parties.
Entrant represents and warrants that any Submission is entrant’s own original work and does not infringe the intellectual property or proprietary rights of any third party, including, without limitation, any third party copyrights or trademarks. Consequently, Sponsor, Overclock, and Huddler, Inc. shall have all rights to copy, edit, publicly display, publicly perform, broadcast, publish and use, in whole or in part, any Submission and any other intellectual property protected or protectable materials submitted by entrant, in any manner without further compensation during and after the Promotion Period. Entrant hereby assigns, conveys and transfers and agrees to assign, convey and transfer all, right, title and interest in and to his or her Submission and any intellectual property rights therein to Sponsor, Overclock, and Huddler, Inc. Entrant agrees to execute and deliver such documents and provide all assistance reasonably requested by Sponsor to give to Sponsor the full benefit of the rights granted to Sponsor by entrant. Entrant hereby agrees not to instigate, support, maintain or authorize any action, claim or lawsuit against the Sponsor, Overclock, and Huddler, Inc., or any other person, on the grounds that any use of the Submission as provided herein, infringes any of entrant’s rights as creator of the Submission, including, without limitation, trademark rights, copyrights and moral rights. Nothing herein shall constitute an employment, joint venture, or partnership relationship between entrant and Sponsor, Overclock, and Huddler, Inc.
4. Prizes and Odds: The prizes to be awarded from the Promotion are as set forth below:
One (1) First Place Prize: One winner will receive one $250 gift card
Four (4) Second place winner prizes: Four winners will each receive one pair of GUNNAR optiks glasses, approx. retail value of $99.00 each.
Five (5) Third place winner prizes: Five winners will each receive one gift card, valued at $100 each
The odds of winning a prize depend on the total number of eligible entries received. No cash or substitution of prizes is permitted, except at the sole option of Sponsor for a prize of equal or greater value. Sponsors will not replace any lost or stolen prizes.
5. Notification of Winners: Judging will take place on or about 3/28/12. Each potential prize winner will be notified by e-mail to the email address associated with his or her Overclock account profile from which the Submission was made on or about [3/31/12]. Within ten (10) days of the date of the notification email, each potential prize winner may be required to execute an affidavit of eligibility and general release of liability and consent (in writing, if requested). Without limiting any other terms of these Official Rules, if a potential winner cannot be contacted, is ineligible, fails to claim a prize, and/or where an affidavit of eligibility and general release of liability and consent is not timely received, is incomplete or modified, the potential winner(s) will be disqualified and forfeit their right to a prize, and an alternate winner will be selected from remaining valid, eligible Submissions timely submitted. In the event of a dispute regarding who submitted a Submission, the Submission will be deemed submitted by the authorized account holder of the e-mail address associated with the Overclock’s account profile from which the Submission was made. “Authorized account holder” is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.
6. General Rules: By entering the Promotion, you agree to be bound by these Official Rules. Sponsor and any Internet access providers, each of their respective parent companies, affiliates, subsidiaries, advertising and promotion agencies, and all of their agents, officers, directors, shareholders, employees and agents (collectively, “Released Parties”) disclaim any responsibility for incorrect or inaccurate Submission of Submission information, human error, technical malfunctions, lost / delayed data transmission, omission, interruption, deletion, defect, line failures of any telephone network, computer equipment, software or any combination thereof, inability to access any web site or download materials, damage to a user's computer system (hardware and software) due to participation in the Promotion, or late, lost or incomplete Submissions (including entry information). Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend the Promotion in whole or in part, in the event of fraud, technical or other difficulties or if the integrity of the Promotion is compromised, without liability to entrants. Sponsor reserves the right to disqualify any entrant or winner, as determined by Sponsor, in its sole discretion. Any attempt to deliberately damage any web site or undermine the legitimate operation of the Promotion is unlawful and subject to legal action by the Sponsor or its designees.
Entrants further agree to release, indemnify, defend and hold the Released Parties, harmless, from any and all claims, injuries, damages, expenses or losses to person or property and/or liabilities of any nature that in any way arise from participation in the Promotion or acceptance or use of a prize or parts thereof, including without limitation (i) any condition caused by events beyond Sponsor’s control that may cause the Promotion to be disrupted or corrupted; (ii) any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of the prize, or acceptance, possession, or use of the prize, or from participation in the Promotion; and (iii) any printing or typographical errors in any materials associated with the Promotion.
IN NO EVENT WILL SPONSOR, OVERCLOCK, OR HUDDLER, INC BE LIABLE TO YOU FOR ANY DIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH YOUR PARTICIPATION IN THE PROMOTION, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT SPONSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
7. Additional Conditions: Except where prohibited, by participating in the Promotion, entrant consents to the use of his/her name, photo and/or likeness, biographical information, entry and statements attributed to entrant (if true) for advertising and promotional purposes, including without limitation, inclusion in Sponsor’s newsletters, on Sponsor, Overclock, and Huddler, Inc. websites and social networking webpages without additional compensation. All entries, as applicable, become property of Sponsors and none will be acknowledged or returned.
9. Winner’s List: For a list of prize winners send your request and a stamped, self-addressed envelope to “GUNNAR Overclock Giveaway”, 525 Market Street, 2nd Floor, San Francisco, CA 94105.
These Official Rules are governed by the law of the State of California, without reference to rules governing choice of laws. Any action, suit or case arising out of, or in connection with, this Promotion or these Official Rules must be brought in either the federal courts located in the Northern district of California or the state courts located in San Francisco, California.
10. Sponsor Address: GUNNAR Optiks, 705 Palomar Road, Suite 100, Carlsbad, California, 92011, USA