Nighthawk Pro Gaming 2020 Stream Week Contest: TERMS & CONDITIONS
NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING.
SPONSOR: The sponsor of the NETGEAR Stream Week Contest (the “Promotion”) is NETGEAR, Inc., 350 E. Plumeria Drive, San Jose, CA 95134 (“Sponsor”).
GIVEAWAY DESCRIPTION: The Promotion is a limited time Promotion. The promotion period (the “Promotion Period”) begins at 9AM Pacific Time (PT) on January 6, 2020 and ends at 11:59 PM PT on January 10, 2020. Entries must be submitted during the Promotion Period to be eligible to receive a prize. Sponsor will determine the timing of entries in its sole discretion. Sponsor reserves the right to modify or discontinue the Promotion in future months (including modifying these Official Rules) at its discretion.
ELIGIBILITY: To enter the Promotion, you must be a lawful citizen or permanent resident of the United States, and sixteen (16) years of age or older and at least the age of majority in your jurisdiction of residence at the time entry (each an “Entrant”). Promotion is void outside of the United States and in any states and/or territories, provinces, possessions, and commonwealths where restricted or prohibited by law or where registration, bonding, local judging or translation is required. The Promotion, and any website pages and advertisements relating thereto, is intended for viewing only within the United States. You are not authorized to participate in The Promotion if you are not physically located within the United States when you enter the Promotion. Employees, officers, directors, resellers, agents, affiliates and representatives of Sponsor and other participating partners, including their affiliated companies, parents, subsidiaries and advertising and promotion agencies (collectively, “Released Parties”), and their immediate families and members of their households are ineligible to participate in this Promotion. Entrants must have a valid email address to enter. The Promotion is subject to all national, state, provincial and local laws. The eligibility of Entrants shall be determined by Sponsor in its sole discretion.
HOW TO ENTER: During the Promotion Period, entrants must visit the Promotion website located at [twitch.tv/nighthawkprogaming]. To enter users enter a comment during at least one livestream during the week. The comment must be submitted during the Promotion Period, and is subject to qualification by NETGEAR in its sole discretion before being eligible.
WINNERS: All eligible entries received during the Promotion Period will be reviewed and selected by Sponsor, as described immediately below.
A Sponsor will be a panel of judges that consist of four (4) NETGEAR employees.
Each entry will be reviewed by the “Sponsor.” The “Sponsor” will determine the shortlist and winner of the NETGEAR Contest.
Limit of one entry per person.
PRIZES: There will be at least one (1) winner during the Promotion Period. Winner will receive (1) XR300 Nighthawk Pro Gaming WiFi Router.
Entries may not contain material that is obscene, defamatory, libelous, threatening, pornographic, racially or ethnically offensive, or that violates any law, including without limitation any intellectual property law. Entries must be appropriate for viewing by the general public, as determined by Sponsor.
Sponsor shall determine, in its sole discretion, whether an entry meets the eligibility criteria to participate in the Promotion. Sponsor reserves the right to reject any entry for any reason. Sponsor’s decisions regarding eligibility and all other aspects of the Promotion are final and binding. In the event of a dispute as to the identity of an Entrant, the Entrant will be the authorized account holder of the email address submitted at time of entry. "Authorized account holder" is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.
NOTIFICATION: The winner(s) will be notified by Sponsor(s) through NETGEAR Community private message, email, US Mail, and/or other means, as promptly as practicable following the end of the Promotion Period. Any notification returned as undeliverable may result in disqualification at Sponsor’s sole discretion. Winner may be required to execute and return an Affidavit of Eligibility/Release of Liability/Publicity Release subsequent to the notification attempt. If a winner fails to return the required documentation by the specified deadline, the prize may be forfeited and an alternate winner determined by Sponsor. Acceptance of any prize constitutes permission to use the winner’s entries and his/her name, personal information and likenesses without further compensation, except if
ODDS: The odds of winning depend on the number of eligible entries received during the Promotion Period and the quality of the entries submitted.
INTELLECTUAL PROPERTY: Ownership of the underlying intellectual property of each Entrant remains the property of its rightful owner, and no transfer of ownership shall be affected by virtue of participation in the Promotion. Each Entrant hereby grants Sponsor the irrevocable, worldwide, royalty-free, fully transferable right and license to reprint, copy, transmit, display, reproduce, perform, use, create derivative works from, and exhibit any entry and/or materials and information submitted by such Entrant. This grant of right and license will be exclusive with respect to the entry and non-exclusive with respect to any other material or information. Each participating Entrant hereby represents and warrants that any entry and other materials and information provided by Entrant are original to Entrant and do not violate or infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity, and do not violate any laws, rules or regulations. If the entry or information or materials provided by Entrant contain any content or elements that are not owned by Entrant and/or which are subject to the rights of third parties, Entrant represents he or she has obtained, prior to submission of the entry and information or materials, any and all releases and consents necessary to permit use and exploitation of the entry and information and materials by Sponsor without additional compensation of any kind.
Each Entrant represents and warrants that the entry and materials and information provided do not contain information considered by Entrant, Entrant’s employer, employees or personnel, or any other third party to be confidential. Entrant agrees that Sponsor has the right to verify the ownership and originality of all entries and that, upon Sponsor’s request, Entrant must submit a written copy of any release or permission Entrant has received from a third party granting Entrant the right to use such property. Entrant understands and acknowledges that in the event Entrant is selected as a winner based on an entry, and Entrant’s ownership, rights and the originality of the entry cannot be verified to the satisfaction of Sponsor in its sole discretion, or is in any other way ineligible, Sponsor may select an alternate winner.
GENERAL REQUIREMENTS: By participating in this Promotion, Entrants agree to be bound by these Official Rules and the decisions of the Sponsor, which shall be final and binding in all respects. The Sponsor is not responsible for technical, hardware, software or telephone malfunctions of any kind, lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications caused by the user or by the equipment, platform, or software associated with or utilized in this Promotion or by any human error which may occur in the processing of entries in this Promotion. The Sponsor reserves the right at its sole discretion to disqualify any Entrant that tampers or attempts to tamper with the entry process or the operation of the Promotion or any website; violates these Official Rules; or acts in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Any attempt by any person to deliberately undermine the legitimate operation of the Promotion may be a violation of criminal and/or civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person and Entrant to the fullest extent permitted by law. Sponsor's failure to enforce any term of these Official Rules will not constitute a waiver of that provision. Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Promotion if it is not capable of running as planned, including, but not limited to, infection by computer virus, tampering, unauthorized intervention, fraud, technical failures or any other problems beyond the control of Sponsor, and, at its option, award the prize from among all eligible entries received prior to cancellation.
DISCLAIMER AND LIMIT OF LIABILITY: SPONSOR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING ANY PRIZE OR ANY ENTRANT’S PARTICIPATION IN THE PROMOTION. SPONSOR AND RELEASED PARTIES (AS DEFINED ABOVE) SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS, DAMAGE, COST, OR INJURY THAT ARISES FROM OR RELATES TO PARTICIPATION IN THE PROMOTION, OR WINNING OR USE OF A PRIZE, INCLUDING BUT NOT LIMITED TO: (I) LATE, LOST, DELAYED, DAMAGED, MISDIRECTED, INCOMPLETE, OR UNINTELLIGIBLE ENTRIES; (II) TELEPHONE, ELECTRONIC, HARDWARE OR SOFTWARE PROGRAM, NETWORK, INTERNET, OR COMPUTER MALFUNCTIONS, FAILURES, VIRUSES OR DIFFICULTIES OF ANY KIND; (III) FAILED, INCOMPLETE, GARBLED, OR DELAYED COMPUTER TRANSMISSIONS; (IV) THE USE OR DOWNLOADING OF ANY SOFTWARE OR MATERIAL IN CONNECTION WITH THIS PROMOTION; (V) TYPOGRAPHICAL OR OTHER ERROR IN THE PRINTING OF THE OFFER, ADMINISTRATION OF THE PROMOTION, THE CALCULATION OF THE GROSS REVENUES OF SALES OF AN ENTRANT, OR IN THE ANNOUNCEMENT OF THE PRIZE; AND (VI) ANY OTHER CONDITION THAT MAY CAUSE THE PROMOTION TO BE DISRUPTED OR CORRUPTED. SPONSOR RESERVES THE RIGHT, IN ITS SOLE DISCRETION AND WITHOUT PRIOR NOTICE, TO SUSPEND OR CANCEL THE PROMOTION, ALTER THE RULES OR CANCEL OR SUBSTITUTE THE PRIZE FOR ANY REASON, INCLUDING, BUT NOT LIMITED TO, IF AT ANY TIME A COMPUTER VIRUS, TECHNICAL PROBLEM, OR OTHER UNFORESEEABLE OR UNCONTROLABLE EVENT ALTERS OR CORRUPTS THE ADMINISTRATION OF THE PROMOTION, OR THE AWARDING OR USE OF THE PRIZE.
RELEASE: BY ENTERING THE PROMOTION, EACH ENTRANT RELEASES AND AGREES TO HOLD HARMLESS SPONSOR AND RELEASED PARTIES (AS DEFINED ABOVE) FROM ANY LIABILITY WHATSOEVER FOR ANY CLAIMS, COSTS, LOSSES, OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, THOSE RELATED TO PERSONAL INJURY, DEATH, DAMAGE TO PROPERTY, INFRINGEMENT OF PROPRIETARY RIGHTS, RIGHTS OF PUBLICITY OR PRIVACY OR DEFAMATION) ARISING OUT OF OR IN CONNECTION WITH: (I) ENTERING THE PROMOTION; (II) ACCEPTANCE OR USE OF ANY PRIZE; AND (III) OTHERWISE ARISING OUT OF OR RELATING TO THE PROMOTION.
CHOICE OF LAW; VENUE: This Promotion and the rights and obligations of Sponsor and Entrants will be governed by and controlled by the laws of the State of California, applicable to contracts made and performed therein without reference to the applicable choice of law provisions. Any and all disputes, claims, and causes of action arising out of or connected with the Promotion, or any benefits received, or the administration of the Promotion not resolved through internal adjudication shall be resolved individually, without resort to any form of class action, and exclusively by arbitration, to take place in the State of California pursuant to the Rules of the American Arbitration Association, then effective, (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in the Promotion and in no event shall Entrant by entitled to receive attorneys’ fees, expert fees, or other legal costs; and (3) under no circumstances will a Entrant be permitted to obtain awards for, and Entrants hereby waive all right 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. .
NO AFFILIATION WITH THIRD-PARTIES: This Promotion is sponsored and administered exclusively by Sponsor and is in no way sponsored, endorsed, administered by or associated with any other companies.