AAPA 2018 iPad® Giveaway Official Rules
Official sweepstakes and eligibility rules for iPad® Giveaway
NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. Eligibility: The Berxi Sweepstakes (“Sweepstakes”) is open only to legal residents of the fifty (50) United States and the District of Columbia who are at least eighteen (18) years old at the time of entry. The following are not eligible for the Sweepstakes: (1) employees, agents and directors of Berkshire Hathaway Specialty Insurance Company or Berxi ( collectively “Sponsors” ) and each of their parent, subsidiary, successors, assignees, and affiliated companies, and their respective advertising and promotion agencies (collectively, the “Sweepstakes Entities”); (2) persons providing support services to any sales agent authorized to represent Sponsors or its parent, subsidiaries, or affiliate companies (whether those persons are employed by agent or not); and (3) the “immediate family members” and/or “household members” of any of the persons set forth in (1) or (2) above. “Immediate family members” shall mean parents, step-parents, children, step-children, siblings or spouses. “Household members” shall mean people who share the same residence at least three months per year. By entering the Sweepstakes, participants agree to abide by all terms of the Official Rules and Regulations applicable thereto. Subject to all applicable local, state and federal laws and regulations. Void wherever prohibited or restricted by law.
Berxi c/o Berkshire Hathaway Specialty Insurance
100 Federal Street, 20th Floor
Boston, MA 02110
3. Timing: The Sweepstakes begins on May 7, 12:00 a.m. Eastern Time (“ET”) and ends on June 1 at 11:59 p.m. ET (the “Sweepstakes Period”).
4. How to Enter: To enter either (i) attend AAPA 2018 Conference and visit the Berxi display area during operating hours to complete a Sweepstakes entry form to be entered into the random drawing Sweepstakes, visit berxi.com/aapa18 and complete a Sweepstakes entry form, or (ii) send a 3”x5” card to Berxi Sweepstakes c/o Berkshire Hathaway Specialty Insurance 100 Federal Street, 20th Floor Boston, MA 02110. A mail-in entry must consist of your full name, mailing address, email address, phone number and post marked within sweepstakes period. Mail-in entries must be postmarked within the Sweepstakes Period and received no later than June 7, 2018. Late or incomplete entries are void.
Limit one (1) entry per person for the duration of the Sweepstakes Period regardless of the method of entry used. Multiple entries received from any person after the first entry received from that person will be void regardless of the method of entry used. All entries become the exclusive property of Sponsors, and none will be acknowledged or returned. Providing Sponsors with consumer information for recontact is not required to enter the Sweepstakes. Entrants may opt-out from receiving communications from Sponsors. Not opting out will not improve entrants chances of winning. All entries must be received by the conclusion of the Sweepstakes Period to be eligible to win.
5. Drawings: Sponsors will select the potential prize winner by random drawing from all eligible entries received during Sweepstakes Period on or about June 15, 2018. The Sponsor will attempt to notify the potential winner by phone on or about June 20, 2018. If the potential winner is not reached on the first attempt (no message will be left) the Sponsor may select an alternate potential winner in his/her place at random from the remaining entries. In the event that a potential winner is disqualified for any reason, Sponsor may award the applicable prize to an alternate winner by random drawing from among all remaining eligible entries. A potential winner must continue to comply with all terms and conditions of these Official Rules and the winning is contingent upon fulfilling all requirements. Any potential Sweepstakes winner is subject to verification by Sponsor. Odds of winning Sweepstakes depend on the number of eligible entries received during the Sweepstakes Period.
6. Verification of Potential Winner: Potential winner will be required to execute and return a prize acceptance form, an affidavit of eligibility & liability release and, except where prohibited by law, a publicity release (“Winner Documents”) within seven (7) days of issuance. Failure of the potential winner to complete and submit the Winner Documents or noncompliance with these Official Rules will result in disqualification and an alternate winner may be selected in Sponsor’s discretion.
7. Prize: One (1) Prize will be awarded. The Prize Winner will be awarded a new iPad®. The approximate retail value (“ARV”) of the Prize is $329. Winner is solely responsible for any expenses in connection with the receipt or use of the prize not expressly described herein as being awarded including, without limitation, the following: federal, state or local taxes, including, without limitation, income taxes; insurance, title transfer, registration fees, and/or additional options, additions or equipment. All taxes with respect to the value of any prize, including federal, state and local income, sales and other taxes, are the sole responsibility of the winner. Prize will be delivered to Prize Winner’s residence or another location as mutually agreed upon at Sponsor’s sole expense. The Prize Winner will be issued an IRS form 1099 and the value of a prize might be considered taxable income.
Prizes are awarded “as is” with no warranty or guarantee, either expressed or implied by Sponsor. Winners may not substitute, assign or transfer prize or redeem prize for cash, but Sponsor reserves the right, at its sole discretion, to substitute a prize with one of comparable or greater value if the designated prize should become unavailable for any reason. All prize details are at Sponsor’s sole discretion.
8. Release: Entrants, by participating, agree that Sponsors, and their respective parents, affiliates, subsidiaries and advertising and promotion agencies and all of their respective officers, directors, employees, representatives and agents (collectively, “Sweepstakes Entities”) will have no liability whatsoever for, and shall be held harmless by entrants against, any liability, for any injuries, losses or damages of any kind, including death, to persons, or property resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any prize or participation in this Sweepstakes, or any activity associated herewith.
9. Publicity: Except where prohibited, participation in the Sweepstakes constitutes winner’s consent for Sponsor’s and its agents’ use of his/her name, address (city and state), photograph, voice and/or other likeness and prize information for advertising, trade and promotional purposes without further compensation, in all media now known or hereafter discovered, worldwide in perpetuity, without any further compensation, notification or permission, except where prohibited by law.
10. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if the Sweepstakes, or any portion thereof, is compromised by virus, worms, bugs, non-authorized human intervention, any fraud, mechanical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor in their sole discretion. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner and all associated entries will be void. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Authorized account subscriber is the natural person who is assigned the e-mail address by the Internet Service Provider (ISP), on-line service provider, or other organization responsible for assigning e-mail addresses.
In the event Sponsor is prevented from awarding a prize or continuing with the Sweepstakes as contemplated herein by any event, including but not limited to fire, flood, natural or man made epidemic of health or other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis (e.g. SARS), order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each, a “Force Majeure” event or occurrence), then subject to any governmental approval which may be required, Sponsor shall have the right to modify, suspend, or terminate such portion of the Sweepstakes.
11. Limitations of Liability: The Sweepstakes Entities are not responsible for: (1) any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Sweepstakes; (2) lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties; (3) unauthorized human intervention in any part of the Sweepstakes; (4) errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Sweepstakes, including, without limitation, any error or difficulty which may occur in the administration of the Sweepstakes, the processing of entries, the announcement of the prizes or in any Sweepstakes-related materials; (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes or downloading materials from or use of the website or receipt or use or misuse of any prize; or (6) lost, late, incomplete, inaccurate, stolen, misdirected, undelivered, garbled, illegible, unintelligible, invalid or postage-due mail, entries or email. If for any reason an entrant’s entry is confirmed to have been erroneously lost or otherwise destroyed, entrant’s sole remedy is another entry in the Sweepstakes, provided that if it is not possible to award another entry due to discontinuance of the Sweepstakes, or any part of it, for any reason, Sponsor, at its discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. Only one (1) prize will be awarded.
12. Disputes: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action (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 attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, 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 the participant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Nebraska, without giving effect to any choice of law or conflict of law rules (whether of the State of Nebraska or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Nebraska.
14. Sweepstakes Results: The name of the prize winner may be obtained after June 15, 2018 by sending a self-addressed stamped envelope to Berxi Sweepstakes c/o Berkshire Hathaway Specialty Insurance 100 Federal Street, 20th Floor Boston, MA 02110
Requests for winner’s name must be received by July 1, 2018.
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