Promotional Terms and Conditions: ‘Ultimate Gift Pack' Giveaway
NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE THE CHANCES OF WINNING.
1. Eligibility: This Campaign is open only to those who follow the official Spacetalk US Facebook page and follow the applicable competition instructions as outlined in these Terms and Conditions, and who are 18 as of the date of entry. The Campaign is only open to legal residents of the United States of America, and is void where prohibited by law. Employees of Spacetalk USA Pty Ltd, its affiliates, subsidiaries, advertising and promotion agencies, and suppliers, (collectively the “Employees”), and immediate family members and/or those living in the same household of Employees are not eligible to participate in the Campaign. The Campaign is subject to all applicable federal, state, and local laws and regulations. Void where prohibited.
2. Agreement to Rules: By participating, the Contestant (“You”) agree to be fully unconditionally bound by these Rules, and You represent and warrant that You meet the eligibility requirements. In addition, You agree to accept the decisions of Spacetalk USA Pty Ltd as final and binding as it relates to the content of this Campaign.
3. Campaign Period: Entries will be accepted online starting on 02/28/2022, 12:01 AM, Central Standard Time and ending 03/13/2022, 11:59 PM, Central Standard Time. All online entries must be received by 03/13/2022, 11:59 PM, Central Standard Time.
4. How to Enter: The Campaign must be entered by liking the Spacetalk US official Facebook Page within the promotion period and sharing at least one (1) post as published by Spacetalk US as part of the Ultimate Gift Pack Giveaway Promotion. The entry must fulfill all Campaign requirements, as specified, to be eligible to win a prize. Entries that are incomplete or do not adhere to the rules or specifications may be disqualified at the sole discretion of Spacetalk USA Pty Ltd.
5. Prizes: The Winner(s) of the Campaign (the “Winner”) will receive a Spacetalk Adventurer smartwatch phone (model number ST2-4G-1), an Adventurer Charging Stand Kit (model number SP-CD3), and an Adventurer band strap. The prize products will have a maximum value of $263.98. Actual/appraised value may differ at time of prize award. The specifics of the prize shall be solely determined by Spacetalk USA Pty Ltd. No cash or other prize substitution shall be permitted except at Spacetalk USA Pty Ltd. The prize is nontransferable. Any and all prize-related expenses, including without limitation any and all federal, state, and/or local taxes, shall be the sole responsibility of Winner. No substitution of prize or transfer/assignment of prize to others or request for the cash equivalent by Winner is permitted. Acceptance of prize constitutes permission for Spacetalk USA Pty Ltd to use Winner’s name, likeness, and entry for purposes of advertising and trade without further compensation unless prohibited by law.
6. Odds: The odds of winning depend on the number of eligible entries received.
7. Winner Selection and Notification: Winner will be selected by a random drawing under the supervision of Spacetalk USA Pty Ltd. Winner will be notified by direct message via Facebook or Messenger within five (5) days following selection of Winner. Spacetalk USA Pty Ltd shall have no liability for Winner’s failure to receive notices due to spam, junk e-mail, or other security settings or for Winner’s provision of incorrect or otherwise non-functioning contact information. If Winner cannot be contacted, is ineligible, fails to claim the prize within 14 days from the time award notification was sent, or fails to timely return a completed and executed declaration and release as required, the prize may be forfeited and an alternate Winner selected. Receipt by Winner of the prize offered in this Campaign is conditioned upon compliance with any and all federal, state, and local laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY WINNER (AT SPACETALK USA PTY LTD’S SOLE DISCRETION) WILL RESULT IN WINNER’S DISQUALIFICATION AS WINNER OF THE CAMPAIGN, AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.
8. Rights Granted by You: By entering this content (e.g., photo, video, text, etc.), You understand and agree that Spacetalk USA Pty Ltd, anyone acting on behalf of Spacetalk USA Pty Ltd, and Spacetalk USA Pty Ltd’s licensees, successors, and assigns, shall have the right, where permitted by law, to print, publish, broadcast, distribute, and use in any media now known or hereafter developed, in perpetuity and throughout the World, without limitation, your entry, name, portrait, picture, voice, likeness, image, statements about the Campaign, and biographical information for news, publicity, information, trade, advertising, public relations, and promotional purposes. without any further compensation, notice, review, or consent.
9. Terms & Conditions: Spacetalk USA Pty Ltd reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Campaign should virus, bug, non-authorized human intervention, fraud, or other cause beyond Spacetalk USA Pty Ltd’s control corrupt or affect the administration, security, fairness, or proper conduct of the Campaign. In such case, Spacetalk USA Pty Ltd may select the Winner from all eligible entries received prior to and/or after (if appropriate) the action taken by Spacetalk USA Pty Ltd. Spacetalk USA Pty Ltd reserves the right, in its sole discretion, to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Campaign or website or violates these Terms & Conditions. Spacetalk USA Pty Ltd has the right, in its sole discretion, to maintain the integrity of the Campaign, to void votes for any reason, including, but not limited to: multiple entries from the same user from different IP addresses; multiple entries from the same computer in excess of that allowed by Campaign rules; or the use of bots, macros, scripts, or other technical means for entering. Any attempt by an entrant to deliberately damage any website or undermine the legitimate operation of the Campaign may be a violation of criminal and civil laws. Should such an attempt be made, Spacetalk USA Pty Ltd reserves the right to seek damages to the fullest extent permitted by law.
10. Limitation of Liability: By entering, You agree to release and hold harmless Spacetalk USA Pty Ltd and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers, and directors from any liability, illness, injury, death, loss, litigation, claim, or damage that may occur, directly or indirectly, whether caused by negligence or not, from: (i) such entrant’s participation in the
Campaign and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof; (ii) technical failures of any kind, including but not limited to the malfunction of any computer, cable, network, hardware, or software, or other mechanical equipment; (iii) the unavailability or inaccessibility of any transmissions, telephone, or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Promotion; (v) electronic or human error in the administration of the Promotion or the processing of entries.
11. Disputes: THIS Campaign IS GOVERNED BY THE LAWS OF USA AND Texas, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Campaign, participant agrees that any and all disputes that cannot be resolved between the parties, and causes of action arising out of or connected with this Campaign, shall be resolved individually, without resort to any form of class action, exclusively before a court located in Texas, USA having jurisdiction. Further, in any such dispute, under no circumstances shall participant be permitted to obtain awards for, and hereby waives all rights to, punitive, incidental, or consequential damages, including reasonable attorney’s fees, other than participant’s actual out-of-pocket expenses (i.e. costs associated with entering this Campaign). Participant further waives all rights to have damages multiplied or increased.
13. Winners List: To obtain a copy of the Winner’s name or a copy of these Official Rules, mail your request along with a stamped, self-addressed envelope to: Spacetalk USA Pty Ltd, Suite 250, 450 Century Parkway, Allen, Texas, USA. Requests must be received no later than 03/20/2022, 11:59 PM, Central Standard Time.
14. Sponsor: The Sponsor of the Campaign is Spacetalk USA Pty Ltd Suite 250, 450 Century Parkway, Allen, Texas, USA.
15. Facebook: The Campaign hosted by Spacetalk USA Pty Ltd is in no way sponsored, endorsed, administered by, or associated with Facebook.
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