1. NO PURCHASE NECESSARY TO ENTER OR TO WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
2. SPONSOR: New Sensor Corporation / Electro-Harmonix, 47-50 33rd Street, Long Island City, NY 11101. “Sponsor and its agents” shall mean New Sensor Corporation / Electro-Harmonix, its advertising/promotional and/or fulfillment agencies and all respective parent companies, affiliates, subsidiaries of the foregoing and their respective employees, officers, directors and agents. Sweepstakes Administrator shall mean: New Sensor Corporation / Electro-Harmonix, 47-50 33rd Street, Long Island City, NY 11101.
The Sweepstakes is open worldwide and is subject to all applicable federal, state, provincial, territorial, municipal, and local laws and regulations. This Sweepstakes is void where prohibited or restricted by law. Employees and agents of Sponsor and its agents as well as immediate family members and persons living in the same household as as the foregoing are not eligible.
3. HOW TO ENTER: This Sweepstakes begins at: 12:01 AM EST on October 17, 2024 and ends December 12, 2024. You may enter the Sweepstakes in one of two ways: (a) Online Entry: go to www.ehx.com/pog3-acoustic-giveaway and submit before December 12, 2024. (b) Mail-In Entry: legibly hand-print your first and last name, address, age, and day and evening phone numbers on a 3″ x 5″ card, and then mail the card in a stamped envelope to: Sweepstakes, New Sensor Corporation, 47-50 33rd Street, Long Island City, NY 11101. All mail-in entries must be postmarked by December 12, 2024 and received no later than seven calendar days later. Any mail-in entry that is illegible, incomplete, or late; or does not carry proper postage will be disqualified. One entry per person (“Entrant”), regardless of the means of entry used. One entry per envelope. If more than one entry is submitted, only the first such entry submitted will be accepted. Any attempt by a participant to obtain more than the allowable entries by using multiple/different e-mail addresses, identities or any other methods will void all of that participant’s entries. No mechanically reproduced entries permitted. Sponsor will not verify receipt of entries. All entries submitted become the sole property of Sponsor and will not be returned.
By entering, Entrants agree to comply with these Official Rules including all eligibility requirements. Illegible and/or incomplete entries and entries submitted by entrants who do not meet the eligibility requirements (including all requirements with respect to age and residence) are void. Sponsor and its agents are not responsible for lost, late, or misdirected entries; technical, hardware or software failures of any kind; lost or unavailable network connections; failed, incomplete, garbled or delayed computer transmissions; or any human error which may occur in the receipt or processing of the entries. Proof of entering information at website does not constitute proof of delivery or receipt. Sponsor reserves the right to modify the scheduling of the Sweepstakes without prior notification. Use of computer programs, macro, programmed, robotic, automatic and other similar means to enter the Sweepstakes is prohibited and may result in the disqualification of the entrant. In the event of a dispute regarding the identity of the person submitting an entry, the entry will be deemed to be submitted by the person in whose name the e-mail account or street address is registered on the date the entry is submitted. All entries become the sole property of the Sponsor and will not be acknowledged or returned.
4. POTENTIAL WINNER SELECTION AND NOTIFICATION: The Final potential winner (“Potential Winner”) will be selected in a random drawing on or about December 19, 2024, by Sponsor or its designee. The Sweepstakes decisions are final and binding on all matters relating to the Sweepstakes. The Potential Winner will be notified by phone or e-mail (“Prize Notification”). A winner who participated by e-mail must provide, by e-mail, within ten (10) days of the date of the Prize Notification (the “Deadline”), his/her full name and a mailing address (“Mailing Information”), where Sponsor can send an Affidavit of Eligibility and Liability/Publicity Release (collectively, the “Sweepstakes Documents”). The mailing address must be a street address (no P.O. Boxes). If a Potential Winner does not provide the Mailing Information in response to the Prize Notification by the Deadline, he/she will be disqualified and an alternate Potential Winner will be selected from all eligible entries received for the original drawing. Each Potential Winner must sign and return the Sweepstakes Documents within ten (10) days of the date of receipt or he/she will forfeit the Prize and an alternate Potential Winner will be selected. Provided that the Potential Winner has complied with these Official Rules and meets all of the eligibility requirements set forth herein, following Sponsor’s receipt of the signed Sweepstakes Documents, Sponsor shall declare the Potential Winner the winner (“Winner”). Return of any Prize Notification or Sweepstakes Documents as undeliverable will result in disqualification, an alternate Potential Winner will be selected from all eligible entries received for the original drawing, and Sponsor shall repeat the winner selection and notification procedures set forth in this Section 5 until a qualified Winner has been selected.
5. PRIZE AND ODDS OF WINNING:
Prize(s): Electro-Harmonix POG3: $645.00
Odds: Odds of winning depend on the number of eligible entries received.
6. PRIZE CONDITIONS: Selection and specifics of the Prize will be determined in the Sponsor’s sole discretion. No cash redemption or prize substitution allowed, except by the Sponsor, who reserves the right, in its sole discretion, to substitute cash value or another prize it believes is of equal or greater value. Prize is non-transferable. Odds of winning depend on the number of eligible entries received. 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).
7. TAXES AND COSTS RELATED TO THE PRIZES: All applicable taxes, including all federal, state, local and other taxes and any license, destination and delivery charges are the sole responsibility of Winner. Winner may be issued a 1099 tax form for the ARV of the Prize.
8. GENERAL CONDITIONS: By participating in this Sweepstakes, participants agree: (a) to be bound by these Official Rules, and Electro-Harmonix’s Privacy Policy; (b) to release and hold harmless Sponsor and its agents from any and all claims, demands, damages, losses, liabilities, costs or expenses caused by, arising out of, or related to their participation in the Sweepstakes and/or their participation in any Prize-related activities (including, without limitation, any property loss, damage, personal injury or death caused to any person(s)); and (c) to be contacted by Sponsor. By accepting the Prize, Winner consents to the use of the Winner’s name and/or likeness (including his/her voice, biographical information, city and state of residence, statements, and photograph) for advertising and promotional purposes without additional compensation (except if Winner is a resident of TN or where prohibited by law). Any winner who is unwilling or unable to cover these costs will forfeit the prize and a new winner will be drawn at random.
9. INTERNET: If for any reason the Sweepstakes is not capable of running as planned, e.g., due to infection by a computer virus, bugs, tampering, unauthorized intervention, fraud, technical failure, human error or any other causes beyond the control of Sponsor that corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Sweepstakes, Sponsor reserves the right to: disqualify any individual who is responsible in whole or part for any of the foregoing; cancel, terminate, modify, or suspend the Sweepstakes without notice; and select the winner from all eligible Entries received prior to the cancellation or termination. Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect or delay in operation or transmission; communication line failure; problem or technical malfunction of any computer online systems, servers, or providers, computer equipment, or software; failure of any e-mail or Entry to be received by Sponsor on account of human error, technical problems or traffic congestion on the Internet or at any Web site; theft of, destruction of, or unauthorized access to, or tampering with or hacking of Sponsor’s website; or any injury or damage to any entrant’s or any other person’s computer related to or resulting from participation in the Sweepstakes.
10. CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY ALTER OR DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATIONS OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND, SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO PRESS CHARGES AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
11. DISPUTES: Each entrant agrees that (1) any and all disputes, claims, and causes of action arising out of or in connection with this Sweepstakes, or any prizes awarded, shall be resolved individually, without resort to any form of class action, and any judicial proceeding shall take place in a federal or state court in NY, NY; (2) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorney’s fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant 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. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant and the Sponsor in connection with this Sweepstakes shall be governed by, and construed in accordance with the laws of the State of NY, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of Iowa or any other jurisdiction), that would cause the application of the laws of any jurisdiction other than those of the State of NY.
12. WINNER’S LIST: For a current winners list, please visit www.ehx.com/winners.
