Moto E Giveaway Official Rules

NEWMEDIAROCKSTARS – MOTO E (2nd Gen) RETWEET SWEEPSTAKES

OFFICIAL RULES

NO PURCHASE NECESSARYF. VOID WHERE PROHIBITED OR RESTRITED BY LAW.

  1. ELIGIBILITY: To enter the NewMediaRockstars – Moto E (2nd Gen) Retweet Sweepstakes (“Sweepstakes”) you must be: (a) a legal resident of one (1) of the fifty (50) United States or the District of Columbia (the “United States”); (b) twenty-one (21) years of age or older at the time of entry; and (c) physically located within the United States at the time of entry. Void where prohibited or restricted by law.

NewMediaRockstars, Inc. (“NMR” or “Sponsor”), and all of its, affiliates, subsidiaries, licensors, distributors, and promotional/advertising agencies (collectively, the “Sweepstakes Entities”), each of their respective officers, directors, employees, representatives and agents, members of their immediate families and members of their household are ineligible to enter the Sweepstakes.

THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR OTHERWISE ASSOCIATED WITH, TWITTER.

  1. SWEEPSTAKES PERIOD: The Sweepstakes period begins at 12:00:00 p.m. Pacific Time (“PT”) on April 7,  2015  and ends at 11:59:59 a.m. PT on April 14, 2015  (the “Sweepstakes Period”).
  2. HOW TO ENTER:To enter the Sweepstakes you must be a registered member of Twitter, with an account in good standing. To become a registered member of Twitter, go to www.twitter.com and follow the instructions to become a registered member and create an account (registration is free). At the beginning of the Sweepstakes Period, NMR will post an article at 12:00:00 p.m. PT interviewing YouTuber Megan Nicole and NMR will tweet a message with a call to action for the Sweepstakes, which will include the hashtag #ChooseToStart as well as a URL where the Sweepstakes rules can be found (the “Sweepstakes Message”).

In order to enter the Sweepstakes, you must (i) follow @NewRockstars and (ii) retweet the Sweepstakes Message (it does not matter whether you retweet the Sweepstakes Message from @NewRockstars or from a different person you are following who retweeted the Sweepstakes Message). Each retweet that complies with the instructions above shall be considered an “Entry”. There is a limit of one (1) Entry per person, throughout the entire Sweepstakes Period. You must have Internet access and a non-private Twitter account to enter this Sweepstakes. You must follow @NewRockstars throughout the Sweepstakes Period and for at least thirty (30) days thereafter (for potential notification purposes) to participate in the Sweepstakes and be eligible to win. Any entrant found using multiple Twitter accounts to enter or participate within this Sweepstakes will be ineligible to participate in the Sweepstakes and all affiliated Entries will be disqualified. All properly completed Entries will automatically be entered into the Sweepstakes, subject to the limit per person. If a potential Entry tweet contains language or material that Sponsor does not deem appropriate, in its sole discretion, such tweet will be disqualified from entry into the Sweepstakes. Only Entries submitted during the Sweepstakes Period as described herein will be eligible. The Sponsor’s database clock will be the official timekeeping device of the Sweepstakes. Incomplete, corrupted, false, late, or inappropriate tweets will be disqualified. In the event of any dispute concerning the identity of any entrant, the relevant Entry will be deemed submitted by the authorized Twitter account holder of the applicable Twitter account and/or email address used to enter. Other charges may apply (such as normal airtime and carrier charges) and may appear on your mobile phone bill or be deducted from your prepaid account balance. Wireless carriers’ rate plans may vary, and you should contact your wireless carrier for more information on messaging rate plans and charges relating to your participation in this Sweepstakes.  Participation in this Sweepstakes by mobile device means that you understand that you may receive additional messages by mobile device relating to this Sweepstakes, including notifying you if you are the winner, which may be subject to charges pursuant to your carrier’s rate plan. Mobile device service may not be available in all areas. Check your mobile device’s capabilities for specific instructions.

  1. ALTERNATIVE MEANS OF ENTRY:  You may also enter the Sweepstakes during the Sweepstakes Period by sending an e-mail to giveaway@newmediarockstars.com, with the subject line indicating “Moto E (2nd Gen) Sweepstakes” and in the body of such e-mail, indicating your name, e-mail, street address, city, state, zip, and phone number. A limit of one e-mail entry per person may be entered into the Sweepstakes.   Entries that have been generated by a script, macro, or any other automated means will be deemed void.   Free access to computers and Internet access are available at many public libraries.
  2.  RANDOM DRAWING/PRIZES: On or about April 15, 2015, Sponsor will conduct a random drawing (the “Random Drawing”), from among all eligible Entries received throughout the Sweepstakes Period, in order to select a potential prize winner (a “Potential Winner”). The Potential Winner will be notified through a direct message via Twitter within one (1) business day from the Random Drawing and will have two (2) business days to respond to the email address provided in the direct message, as detailed below. Odds of winning a prize depend upon the total number of eligible Entries received during the Sweepstakes Period. Once confirmed, as detailed below, the prize winner will receive a Moto E (2nd Gen) handset by Motorola®. The approximate retail value of the prize is One Hundred Fifty Dollars ($150.00).
  3. PRIZE WINNER NOTIFICATION AND VERIFICATION: The Potential Winner must comply with these Official Rules as published in order to be confirmed as the official prize winners and be eligible to receive the prize. All decisions of Sponsor are final and binding. Upon notification or notification attempt, the Potential Winner will be required to respond to such direct message, to the email address provided, and comply with all other instructions provided within two (2) business days of such notification or notification attempt, or the prize may be forfeited and an alternate Potential Winner may be selected and notified. Sponsor shall have no liability for any winner notification that is lost, intercepted or not received by a Potential Winner for any reason.

If in any instance, notification attempt(s) for a Potential Winner fail for any reason, if a Potential Winner does not respond in the time provided, if an email address that the Potential Winner responds with does not work, or if a Potential Winner is found to have not complied with these Official Rules, the applicable prize will be forfeited and an alternate Potential Winner will be selected from among remaining eligible Entries, if any. Acceptance of a prize constitutes permission for the Sponsor and its designees to use the name, Twitter account information, actual or simulated likenesses, biographical information, city, state, opinions, and prize information of prize winner in connection with the Sweepstakes and/or Sponsor and the exploitation thereof (including, without limitation, for advertising and promotional purposes), in perpetuity, throughout the universe, in all media, without additional compensation, unless prohibited by law. Further, the prize winner shall indemnify the Sweepstakes Entities from any claims, damages, liabilities and expenses (including reasonable legal fees) arising from breach of these Official Rules. Sponsor may successively attempt to contact up to three (3) Potential Winners in accordance with such procedure, and if there is still no confirmed prize winner after such attempts have been made, if any, the applicable prize may go un-awarded.

  1. PRIZE CONDITIONS: The prize winner may not substitute, assign or transfer a prize. Sponsor reserves the right in its sole discretion to substitute a prize (or prize component, if applicable) with one of equal or greater value. The prize will be awarded only if the Potential Winner fully complies with these Official Rules. Sponsor is responsible only for delivery of the prize package and is not responsible for prize utility, prize warranty, mobile service associated with such prize or otherwise. All federal, state or other tax liabilities (including income taxes) arising from the prize associated with the Sweepstakes will be solely the responsibility of the prize winner. In no event will Sponsor be responsible for awarding more than the one (1) stated prize herein. Any prize pictured in point-of-sale, online, television and print advertising, promotional packaging, and other Sweepstakes materials are for illustrative purposes only.

All details and other restrictions of the prize package not specified in these Official Rules will be determined solely by Sponsor in its sole discretion. The prize restrictions/conditions stated herein are not all-inclusive. The prize is awarded “AS IS” and WITHOUT WARRANTY OF ANY KIND, express or implied, including, without limitation, any implied warranty of merchantability or fitness for a particular purpose. Any and all guarantees and warranties on merchandise is subject to the manufacturer’s terms and conditions, and the prize winner agrees to look solely to said manufacturer for any such warranty or guarantee claim.

  1. SWEEPSTAKES CONDITIONS: By submitting an Entry, each entrant agrees (i) that entrant is eligible to participate in the Sweepstakes; (ii) to abide by and be bound by these Official Rules, Sponsor’s Privacy Policy and the decisions of the Sponsor on all matters relating to this Sweepstakes; (iii) to waive any right to claim ambiguity in the Sweepstakes or these Official Rules; (iv) to forever and irrevocably release, discharge, indemnify and hold harmless the Sweepstakes Entities, and each of their respective officers, directors, employees, representatives and agents (the “Released Parties”) any and all liability, loss or damage of any kind, to persons (including death), or property, resulting in whole or in part, directly or indirectly from and against any and all liability, loss or damage of any kind, to persons, or property, including death, resulting in whole or in part, directly or indirectly suffered or resulting from participation in the Sweepstakes or the use, misuse or acceptance or possession of a prize, or participation in any Sweepstakes-related activity; and (v) to grant Sweepstakes Entities (where permitted by law) the right to use entrant’s name, voice, photograph, likeness, statements, and biographical information on a worldwide basis, in all forms of media, in perpetuity and for advertising or promotional purposes without review or compensation.  Each entrant also represents and warrants that the use of the tweet submitted in the Sweepstakes will not violate the rights of any third parties. All Entries become the exclusive property of Sponsor, will not be acknowledged or returned and may be used by Sponsor in any manner or media in perpetuity without compensation. By entering the Sweepstakes, each entrant will also be subject to the Sponsor’s Terms and Conditions posted on http://newmediarockstars.com/terms and the Privacy Policy as posted on http://newmediarockstars.com/private-policy and all Twitter.com Terms of Service and Twitter Rules available at www.Twitter.com. Receipt of the prize from the Sweepstakes is conditioned upon compliance with any and all applicable federal, state and local laws, rules, and regulations. Noncompliance with any of the above may result in disqualification. Released Parties are not responsible for any mechanical difficulties or failure connected with the prize, or any act or omission whatsoever. Sponsor is not responsible for fraudulent calls, e-mails, Twitter direct messages or Tweets made to entrants not by or from Sponsor.

Sponsor reserves the right, at its sole discretion, to modify, cancel, terminate or suspend the Sweepstakes and to hold a random drawing from among all eligible, non-suspect Entries received prior to such action, if any computer virus, bug, tampering, technical failure, unauthorized human intervention or any other cause outside of Released Parties’ control corrupts or affects the administration, security, fairness, integrity or proper conduct of the Sweepstakes. In the event of any such modification, cancellation, termination or suspension, a notice of such action will be posted where Sponsor sees fit.

  1. LIMITATION OF LIABILITY AND GOVERNING LAW: Released Parties are not responsible for any claims, damages, expenses, costs or losses to any person (including death) or property of any kind resulting from, arising from, or in connection with, in whole or in part, directly or indirectly, from: (i) any typographical or other error in the printing of the Official Rules, offering or announcement of a prize; (ii) late, lost, stolen, damaged, garbled, incomplete or misdirected Entries or other communications; (iii) errors, omissions, interruptions, deletions, defects or delays in operations or transmission of information, in each case whether arising by way of technical or other failures or malfunctions of computer hardware, software, communications devices or transmission lines; (iv) data corruption, theft, destruction, loss, unauthorized access to or alteration of Entry materials; (v) electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind or insufficient space in entrant’s e-mail account to receive e-mail messages; or (vi) any problems or technical, hardware or software malfunctions of any telephone network or telephone lines, failed, incorrect, inaccurate, incomplete, garbled or delayed electronic communications whether caused by the sender or by any of the equipment or programming associated with or utilized in the Sweepstakes, computer online systems, servers or providers, computer equipment, software, failure of any e-mail or Entries to be received by the Sponsor due to technical problems, human error or traffic congestion, unavailable network connections on the Internet or any website, or any combination thereof, including, without limitation, any injury or damage to entrant’s or any other person’s computer relating to or resulting from participating in the Sweepstakes or downloading any materials associated with the Sweepstakes. Entries generated by a script, computer programs, macro, programmed, robotic or other automated means will be disqualified. Sponsor reserves the right, at its sole discretion, to disqualify any entrant (and all of their Sweepstakes Entries) from the Sweepstakes and/or any other promotion conducted now or in the future by Sponsor or any of its affiliated companies, if entrant is in violation of these Official Rules, tampers with the entry process, acts in an unfair manner or where an act of fraud or misconduct affects the integrity of the Sweepstakes, in any way. Sponsor reserves the right to correct clerical or typographical errors in any promotional materials.

WITHOUT LIMITING THE FOREGOING, THE SWEEPSTAKES, THE PRIZES, AND ALL MATERIALS PROVIDED ON OR THROUGH THIS SWEEPSTAKES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS. ANY CLAIMS, JUDGMENTS AND/OR AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS ASSOCIATED WITH ENTERING THE SWEEPSTAKES. ENTRANT HEREBY WAIVES ANY RIGHTS OR CLAIMS TO ATTORNEY’S FEES, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ENTRANT, WHETHER FORESEEABLE OR NOT AND WHETHER BASED ON NEGLIGENCE OR OTHERWISE.

The Sweepstakes will be governed by the internal laws of the State of California and shall be resolved individually, without resort to class action. Any and all legal actions or claims arising in connection with the Sweepstakes must be brought in a court of competent jurisdiction located in Los Angeles County, State of California.

  1. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM THOSE MAKING SUCH ATTEMPTS TO THE FULLEST EXTENT PERMITTED BY LAW.
  2. NAMES OF PRIZE WINNERS/OFFICIAL RULES: To obtain a copy of the Official Rules, send a self-addressed, stamped envelope to: “Moto E (2nd Gen) Retweet Sweepstakes,” c/o NewMediaRockstars, Inc., 120 East 8th Street, Suite 910, Los Angeles, CA  90014.  All requests must be received before May 1, 2015. Name of prize winner will be posted on our website after selection and verification of such. Vermont residents may omit return postage on rules requests.
  3.  SPONSOR: NewMediaRockstars, Inc. 120 East 8th Street, Suite 910, Los Angeles, CA  90014.