Terms and Conditions for the New Year’s Resolutions Sweepstakes (the “Sweepstakes”)
NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER THIS SWEEPSTAKES. PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
By entering the Sweepstakes, you agree to be bound by these terms and conditions (these “Terms and Conditions”). Promotional materials relating to the Sweepstakes, including all information on how to enter the Sweepstakes, also form part of these Terms and Conditions. In the event of any conflict between any terms referred to in such promotion materials and these Terms and Conditions, these Terms and Conditions take precedence.
1. The sponsor of this Sweepstakes is Bose Corporation whose registered address is The Mountain, Framingham, MA 01701 (“Bose”).
2. This Sweepstakes is open only to legal United States residents of the fifty (50) United States and the District of Columbia, who are 18 years of age or older (or the age of majority in their state). Employees and agents of Bose or any of its subsidiary or affiliated companies and their immediate families and members of their households, and anyone otherwise connected with operation or fulfilment of the Sweepstakes are not eligible to take part. Bose reserves the right to require participants to prove that they are eligible to enter the Sweepstakes. If the winner is found to be ineligible, Bose reserves the right to award the prize to another participant and to require the return of any prize already awarded.
3. The Sweepstakes commences at 9:00 AM Eastern Time (“ET”) on January 7, 2019 and ends on 11:59:59 PM ET on January 13, 2019.
4. Entry to the Sweepstakes is free; no purchase of any Bose products is necessary. To enter the Sweepstakes, participants must enter via the Bose page on Facebook at the following URL address: https://www.facebook.com/Bose (the “Social Media”) and must comment on the post Bose will add to that page on the 7th of January, 2019 for the purposes of this Sweepstakes, which will ask entrants if they keep up with their New Year’s Resolutions and tell us in the comments what motivates them to power through, to be entered in with a chance of winning a pair of SoundSport Free wireless headphones. Entries submitted by any other means will not be accepted: only those submitted via the official method of entry will be accepted.
5. Use of script, macro, or any automated system to enter the Sweepstakes is prohibited and entries made (or which appear to have been made) using any such system may be treated as void. Any illegible, incomplete, or fraudulent entries will be rejected. Participants may make a maximum of one (1) entry into the Sweepstakes. Any entries in addition to this may be disqualified.
6. The prize to be won are SoundSport Free headphones in Bright Orange (size: 1.25" H x 1" W x 1.2" D – 0.32 oz each in-ear) (the “Prize”). The value of each Prize is $169.95. A total of three (3) Prizes will be given away with a total approximate value of $509.85. Each Prize is as stated and is non-exchangeable and non-transferable. There is no cash or other alternative to the Prize in whole or in part. By participating in the Sweepstakes, participants agree that the Prize is awarded on an “as is” basis, and that neither Bose nor any of its subsidiary or affiliated companies, make any representations or warranties of any nature with respect to the Prize.
7. The Prize is subject to the applicable Owner’s guide, which contains important safety instructions, regulatory information and user guidance (the “Owner’s guide”), which can be found at https://assets.bose.com/content/dam/Bose_DAM/Web/consumer_electronics/global/products/headphones/soundsport_free/pdf/789350_og_soundsport-free-wireless_en.pdf. Please read the Owner’s guide carefully before using the Prize.
8. The winner of the Sweepstakes will be the first name chosen at random from all complete, eligible, properly submitted entries received before the end of the applicable closing date.
9. The winner will be notified no later than January 14, 2019 by Bose replying to their comment on the Social Media which was their entry to the Sweepstakes. The winner may be required to submit valid identification before receiving their Prize. The Prize will be sent to the winner by post to a postal address within the United States provided by the winner. If any Social Media messages to the winner are returned as undeliverable or not replied to, or if the winner refuses or is unable to provide an eligible postal address for receipt of their Prize by January 18, 2019, Bose reserves the right to conduct a further random draw to award their Prize to another participant. If the winner has not claimed their Prize by the date specified in the notification of winning, Bose reserves the right to conduct a further random draw to award the Prize to another participant.
10. In the event that, for reasons beyond Bose’s reasonable control and not related to the winner, Bose is unable to award the Prize as described in these Terms and Conditions, Bose reserves the right to award a Prize of a similar nature and an equivalent value, or at its sole discretion, the cash value of the Prize. In the event of any technical or other error resulting in there being more winners than prizes for the Sweepstakes, Bose reserves the right at any time to allocate the available Prize through a further draw or to divide the Prize or the value of the Prize between the winners of the Sweepstakes.
11. By entering the Sweepstakes, participants agree to have their name referenced as being the winner of the Sweepstakes which will be made available on Facebook between January 7, and January 14, 2019.
12. By entering the Sweepstakes, entrants will be deemed to be bound by and have accepted these Terms and Conditions and the terms and conditions of Facebook. Bose reserves the right to disqualify any entries that have failed to abide by and/or are in breach of such terms and conditions.
13. This promotion is in no way sponsored, endorsed, or administered by, or associated with, Facebook. You are providing your information to Bose and not to Facebook. The information you provide will only be used as stated in these Terms and Conditions. By entering the Sweepstakes, you will be deemed to have released Facebook from any and all liability arising from their participation in the Sweepstakes or out of, pursuant to, or as a result of the carrying out of the Sweepstakes. The information you provide will only be used for the purposes referred to in clause 14 below.
15. Bose reserves the right to modify, cancel, terminate, or suspend the Sweepstakes in whole or in part, at its sole discretion, if it believes the Sweepstakes is not capable of being conducted as specified within these Terms and Conditions or in the event of a virus, a computer bug, or unauthorized human intervention or any other cause that is beyond the reasonable control of Bose that could corrupt or affect the administration, security, impartiality, or normal course of the Sweepstakes. Neither Bose nor any of its subsidiary or affiliated companies are responsible for any condition, circumstances, losses, failures, or delays caused by events beyond its or their control such as (but not limited to) the acts or defaults of any supplier selected by Bose to provide the Prize or otherwise that may cause the Sweepstakes to be disrupted or corrupted, or that may lead to loss or damage of the Prize in transit to the winner.
16. Save where it has been negligent, Bose will not be responsible for any damage, loss, or injury resulting from participants’ entry into the Sweepstakes or their acceptance and/or use of the Prize, or for technical, hardware or software failures, lost, faulty, or unavailable network connections, or difficulties of any kind that may limit or prohibit their ability to participate in the Sweepstakes. Bose will not be responsible for any lost, damaged, defaced, incomplete, illegible, or otherwise unreadable entries. Proof of posting your comment on the Social Media is not proof of receipt by Bose of any entries. Nothing in these Terms and Conditions shall in any way limit Bose’s liability for death or personal injury caused by its negligence or for any other matter where liability may not as a matter of law be limited.
17. Any participant who enters or attempts to enter the Sweepstakes in a manner, which in Bose’s reasonable determination is contrary to these Terms and Conditions or by its nature is unjust to other entrants (including without limitation tampering with the operation of the Sweepstakes, cheating, hacking, deception, or any other unfair playing practices such as intending to annoy, abuse, threaten, or harass any other entrants or Bose and/or any of its agents or representatives) may be rejected from the Sweepstakes at Bose’s sole discretion. Furthermore, where such actions have significantly impaired the Sweepstakes, Bose may, at its sole discretion, add further stages to the Sweepstakes as it deems reasonably necessary in order to resolve any problems arising as a result of such actions.
18. All Bose’s decisions in relation to the Sweepstakes are final and Bose will not enter into any correspondence with participants.
19. Entrants agree that: (a) any and all disputes, claims, and causes of action arising out of or connected with this Sweepstakes or any prizes awarded shall be resolved individually, without resort to any form of class action, and exclusively by a court in Massachusetts; and (b) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering any Sweepstakes, but in no event attorneys’ fees. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Terms and Conditions, or the rights and obligations of the entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Massachusetts, without giving effect to any choice of law or conflict of law rules (whether of the State of Massachusetts or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Massachusetts.
20. A list of winners will be provided within one week after the end of the Sweepstakes. To view the list of winners, email BoseSocialContests@bose.com.
© 2019 Bose Corporation