U.S. Contest Terms and Conditions
Being Otters, we are a fun loving bunch. But, in certain situations, we have to get serious. Contest terms and conditions are one of those situations where all seriousness comes into play.
Because all Entrants will be bound by these Official Rules of Otter Products, LLC (“OtterBox”) and they will create a legally binding agreement with respect to the Contest, please read them carefully. In order to enter the Contest all Entrants must agree to the terms of these Official Rules.
ELIGIBILITY. The contest is only open to Entrants who, as of the entry date are permanent legal residents of the United States or the District of Columbia, are at least eighteen (18) years of age. The Contest is void outside the fifty (50) eligible United States and the District of Columbia (excludes all territories and possessions of the United States); and where prohibited or restricted by law. Employees of OtterBox, its subsidiaries, affiliates, divisions, and the immediate families (defined as parents, spouses, children, siblings, grandparents, grandchildren and their respective spouses, whether by current marriage, past marriage, adoption or as in-laws) or members of the same household (whether related or not) of each such employee are not eligible to enter. Entrants who have previously won a prize from an OtterBox Contest are ineligible to enter another OtterBox Contest or giveaway for six (6) months. For the purpose of the Contest, the Entrant is considered to be the person who fills out the Contest entry. It is the person to whom the prize will be awarded if all Contest conditions are met. OtterBox reserves the right to request a form of identification prior to prize remittance. No purchase is necessary.
TIMING. The Contest entry period is found in the specific contest details.
AGREEMENT TO OFFICIAL RULES AND DECISIONS. By participating in the Contest, each Entrant fully and unconditionally agrees to be bound by and accepts these Official Rules and the decisions of OtterBox or its designee (including, without limitation, decisions regarding eligibility of entries, the selection of Entrants and the winner, and the awarding of the prize), which are final and binding in all respects.
CONTEST WINNER SELECTION; ODDS; NOTIFICATION. Winners are selected either by random or by subjective analysis of most creative entries as specified in the contest announcement, unless the contest specific rules specify otherwise. OtterBox reserves the right to choose a winner in the way dictated by the contest specifications and its interpretation and application of the selection rules shall be final. The odds of winning a prize will depend upon the total number of eligible entries received in the Contest. In the event that not enough eligible entries are received, not all the prizes will be awarded. The Entrants selected must comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. In order to be declared and be able to claim a prize, each person awarded will have to be by email by OtterBox within five (5) days of award. Unless impossible or impractical, prized will be mailed to the winner within sixty (60) days after the winner is selected, assuming a mailing address is secured from the winner within five (5) days of award. In the event that one of the conditions mentioned herein is not respected or the winner does not claim his or her prize, OtterBox reserves the right to select a new winner and will be subject to the same terms and conditions. Prize must be accepted as awarded. OtterBox reserves the right to substitute another prize of equal or greater value for the prize originally announced if the original contest prize is or becomes unavailable. Prizes are non-transferable and are not redeemable for cash or credit, in whole or in part.
PRIZES. Prize is found in the specific contest details. Prize is non-transferable and non-assignable, and is not refundable, and must be accepted as awarded. Prize is awarded “AS IS”. Unused components of the prize shall be forfeited and have no redeemable cash value. No cash or other substitution may be made, except by OtterBox, who reserves the right (but has no obligation) to substitute a prize (or a component thereof) with another prize (or component thereof, including cash) of equal or greater value if the prize is not available for any reason as determined by OtterBox in its sole discretion. Each winner is fully and solely responsible for any and all applicable federal, state, international and local taxes and assessments (including, without limitation, income taxes). Winners will be issued an IRS Form 1099 for the actual value of their prize. Entrants waive the right to assert as a cost of winning a prize any and all costs of verification and redemption or travel to redeem the prize in this Contest. OtterBox is not responsible for fraudulent calls or emails made to Entrants by third parties.
PUBLICITY. Except where prohibited by law, participation in the Contest constitutes winner’s consent to OtterBox’s use of winner’s name, biography, likeness, voice, photographs, video, opinions, statements, hometown, state and country for promotional purposes in any manner, consideration, notice, review or consent.
GENERAL CONDITIONS. OtterBox reserves the right, in its sole discretion, to terminate, modify or suspend the Contest if, in OtterBox’s opinion, there is any suspected or actual evidence of tampering with any portion of the Contest, or if unauthorized intervention, fraud, technical difficulties or failures or any other factor beyond OtterBox’s reasonable control corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest. In such event, OtterBox reserves the right (but does not have the obligation) in its sole discretion to award the prize at random from among eligible, non-suspect entries received up to the time of suspected impairment. OtterBox 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 Contest or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Contest is a violation of criminal and civil laws, and, should such an attempt be made, OtterBox reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. OtterBox’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision or any other provision of these Official Rules.
RELEASE AND INDEMNITY. By entering, each Entrant, to the maximum extent permitted by law, agrees to forever and irrevocably release, indemnify and hold harmless OtterBox from and against all claims, damages or liabilities arising in whole or in part, directly or indirectly, from Entrant’s participation and/or entry in the Contest and/or Entrant’s award, receipt or use of any prize awarded in the Contest.
LIMITATIONS OF LIABILITY. OtterBox is not responsible for: (a) incorrect or inaccurate transcription of entry information or late, lost, stolen, unintelligible, illegible, damaged, mutilated, altered, incomplete, misdirected entries or entries received through impermissible or illegitimate channels, all of which will be disqualified; (b) technical failures of any kind, including but not limited to the malfunctioning of any telephone, computer online systems, computer equipment, website, server provider, network, hardware or software; (c) the unavailability or inaccessibility of any website or service; (d) unauthorized intervention in any part of the entry process or the Contest; (e) printing, typographical, electronic or human errors which may occur in the offer or administration of the Contest or the processing of entries; or (f) any injury or damage to persons or property.
DISPUTES. Entrant agrees that any and all disputes, claims, and causes of action arising out of or connected with the Contest, or any prizes awarded shall be resolved individually, without resort to any form of class action, and solely and exclusively in a federal or state court located in Colorado; Entrant submits to sole and exclusive personal jurisdiction to said courts in the State of Colorado for any such dispute and irrevocably waives any and all rights to object to such jurisdiction.