Official Competition Rules BM AUDIO P.R.I.Z.E. MYSTERY GIVEAWAY LUCKY DRAW COMPETITION
These terms and conditions constitute the OFFICIAL COMPETITION RULES (“RULES”) of the online competition known as P.R.I.Z.E. MYSTERY GIVEAWAY LUCKY DRAW competition (“COMPETITION”) and govern your participation in this competition.
By clicking the box corresponding to “I have read and agree to these terms and conditions” at the end of these Official Competition Rules, you warrant that you: (1) have read all of the terms and conditions set forth in the RULES below, have fully understood all of them and guarantee your full compliance with all of them; (2) have met all competition eligibility criteria to be eligible to apply for an entry to this competition; (3) have not violated any of the RULES or laws by participating in this competition in your region/country; (5) have read and agree in entirety to the
Terms of Use and
Privacy Statement of this Website. If you do not completely agree to all these terms and conditions, you cannot participate in this competition, so do NOT click the box corresponding to “
I have read and agree to these terms and conditions ”, and click on the CANCEL button to exit.
DEFINED TERMS & INTERPRETATION : “SPONSOR” means BM Audio Labs, Inc., its holding companies, subsidiaries, directors, shareholders, employees, agents and affiliates. “WEBSITE” means the official BM AUDIO website operated by SPONSOR located at http://www.bmaudio.com. “COMPETITION” means P.R.I.Z.E. Mystery Giveaway Lucky Draw competition. “BUSINESS DAY” means a day in the State of Delaware, USA that is not a Saturday, a Sunday or a public holiday in that State. “FORM” means the online COMPETITION entry application form provided on the page that appears after clicking on “CONTINUE” button of the Official Competition Rules page that is presented after clicking the “ENTER” hyperlink button of the COMPETITION page. “APPLICANT” means the person who is applying for entry into this COMPETITION through the FORM. “ENTRANT” means a person who has applied for the COMPETITION through the FORM and who has been successfully granted entry into the COMPETITION by SPONSOR. “CONTENT” means information pertaining to ENTRANT’s personal details, vehicle, audio system, installations, in any media formats of still (photographs, drawings, illustrations) or moving images (videos, animations), audio recordings (music, speeches) and texts which SPONSOR assumes to be entirely originally created by, and submitted by ENTRANT. “WINNER” means the single ENTRANT who has emerged as the winner of the COMPETITION. “PRIZE” means the sole winning prize determined solely by SPONSOR and won by the WINNER of the COMPETITION. “PERIOD” means the six (6) calendar months period commencing from the START DATE until the END DATE stipulated on the COMPETITION page for each season of the COMPETITION while it is still declared as open and while applications are still being accepted by SPONSOR.AGREEMENT TO THE RULES : Participation in this COMPETITION by ENTRANT constitutes ENTRANT’s full and unconditional agreement to the RULES and all of SPONSOR's decisions, which are final and binding in all matters relating to this COMPETITION. Winning a prize is contingent upon ENTRANT’s unconditional full compliance with the RULES. These RULES form a binding legal agreement between the ENTRANT and SPONSOR with respect to the COMPETITION. The SPONSOR's computer will serve as the official clock of the COMPETITION.ELIGIBILITY : An APPLICANT is eligible to apply for the COMPETITION if he/she is a permanent resident from the Participating Countries and has attained eighteen (18) years of age or older, or at least reached the legal age of consent of the APPLICANT’s country, whichever bearing more legal precedence, and where this COMPETITION is not prohibited, restricted or regulated by the laws in that state or country. APPLICANT must have met Clause 6 of the RULES in order to commence application. Employees of BM Audio Labs, Inc., its subsidiaries, affiliates, agents, distributors and members of immediate families of BM Audio Labs, Inc., employees are not eligible to enter. Entry is not open to residents of USA/Canada.VOID : COMPETITION IS VOID WHERE PROHIBITED OR RESTRICTED BY GOVERNING LAW OF APPLICANT’S RESIDENT COUNTRY. Also void if PRIZE is un-deliverable to the WINNER’s destination by all of the SPONSOR’s selected courier companies. Void in Puerto Rico, the United States Territories and Possessions, Canada and elsewhere where prohibited or restricted by law. Please refer to the Participating Countries list. Competition is void where COMPETITION is prohibited, or otherwise restricted by law of APPLICANT’s resident country even if that country or state is listed in the Participating Countries list. If COMPETITION is void, ENTRANT’s participation is automatically void even if SPONSOR has granted entry into COMPETITION to APPLICANT or ENTRANT.COMPETITION PERIOD : COMPETITION runs for a PERIOD of six (6) calendar months (one PERIOD). The first PERIOD of the COMPETITION commenced on the first BUSINESS DAY of January 2015. Each SEASON has an official "START DATE” which takes effect at the time of 12:01 a.m. (Central Standard Time "CST") on the first BUSINESS DAY of that new PERIOD, and an official "END DATE" which takes effect at 11:59 p.m. (Central Standard Time "CST") on the last BUSINESS DAY of the given PERIOD. Time is according to the computer time on SPONSOR’s computer server. The COMPETITION will continue to run on an automatically self-renewed PERIOD-to-PERIOD basis until it is officially terminated by SPONSOR (the Status of the COMPETITION is posted on the COMPETITION page of the WEBSITE). When such termination announcement is posted (which may be represented by terms such as “expired”, “ended”, “canceled”, “closed”, “finished”, “over”, ”void”), this COMPETITION immediately expires and is void. Entries for one COMPETITION PERIOD will not be carried over into subsequent COMPETITION PERIODs. Entries received for each specific PERIOD are only eligible for the PRIZE associated with that specific PERIOD.PARTICIPATION REQUIREMENT : The APPLICANT should make sure that all requirements stipulated under Clauses 7, 8 and 9 in the RULES are met in order to proceed to the FORM. No entry fee or cash payment is required for entry application.HOW TO PARTICIPATE :
Online Product Registration. The COMPETITION is tied in to the successful online product registration process of a brand new BM AUDIO product (used BM products cannot be accepted for this COMPETITON) and is meant to promote awareness of this simple and important process among end-users. Participation is straightforward. Essentially, (1) if you have Purchased a new BM product, (2) Register it instantly at our online registration form, (3) then properly Install it at your desired location, (4) get a camera ready and Zoom into your installed BM product to get at least three clear shots, and (5) click “ENTER” to apply for Entry through the online entry application form.Entry Application Form. If you have successfully completed the five basic steps in (a) above, entry into the COMPETITION is not automatic, and can only be gained if a FORM application is approved by the SPONSOR after having all the information validated by SPONSOR. Eligible individuals may submit more than one entry for each PERIOD, but only one PRIZE will be awarded to one ENTRANT in each PERIOD. Multiple entries in each PERIOD from the same individual or e-mail address is only allowed if each entry is supported and validated by a different RPC. Different entries must be accompanied by a different RPC and its corresponding product details. Entries received for a specific PERIOD will not carry over into subsequent PERIODs. All entries become the property of the SPONSOR. ENTRANTs must have access to the internet to enter the COMPETITION. Deadline for accepting application is thirty (30) calendar days before the DRAW date. Consideration by SPONSOR to qualify each application to gain entry into the COMPETITION is only possible if APPLICANT has completely filled the FORM and supplied all the prerequisite and valid information. Falsified information or invalid entries in a single PERIOD will not be accepted and all such entries may be disqualified. SPONSOR and its agents are not responsible for technical, hardware or software failures of any kind, lost or unavailable network connection, or failed, incomplete, delayed, or dis-configured data transmissions which may affect registrant's ability to participate in the COMPETITION.
DOCUMENTATION REQUIRED :
RPC :Product Authenticity Verification process. Applicant should have an authentic RPC (not older than 6 months from the date it was sent to product registrant in registrant’s provided e-mail address. Each RPC can only be entered in the Competition once and cannot be used again whether for the same PERIOD or any future subsequent PERIODs..Personal information that matches the RPC :Image files for your entry .
GUIDE TO DOCUMENTING YOUR ENTRY Title BM AUDIO within it.Technical Guidelines for Content
Guide to Taking Your Photos
General Guidelines
Clearances
Contributors
Copyright
DRAW :One random prize drawing (“Lucky Draw”, “Draw”, “Drawing”) will be conducted automatically by the end of every 6 (six) calendar months for each PERIOD. The subsequent new prize Drawing shall be on the first BUSINESS DAY of the calendar month of the next PERIOD. All entries for each PERIOD must be received by 11:59 PM CST, on the thirtieth day of the previous calendar month preceding the last day of that PERIOD, and a Drawing from all eligible entries will be conducted on or about the first BUSINESS DAY of the following PERIOD. Entries for one COMPETITION PERIOD will not be carried over into subsequent COMPETITION PERIODs. One WINNER shall be picked by Drawing from all the formally registered and approved entries within each PERIOD. Limit one prize per person or e-mail address in each PERIOD. WINNERs will be selected randomly through the use of a non-networked computer program dedicated to performing a perfectly randomized pick operated by SPONSOR. Potential PRIZE WINNERs for a COMPETITION PERIOD will be selected in a random Drawing that ensures the fair application of the laws of chance from all eligible entries received for such COMPETITION PERIOD. All determinations are final, irrevocable, and binding. Odds of winning will vary based upon the number of eligible entries received for each COMPETITION PERIOD which have met all participation requirements no more than six months from each BM product Registered Product Code (RPC) issue date. Any decision made by SPONSOR will be final and binding. All determinations are final, irrevocable, and binding.WIN NOTIFICATION: The WINNER of each PERIOD will be announced on the Winners List page of the COMPETITION section on the next BUSINESS DAY after the Drawing is completed. At the same time of a WINNER announcement, the WINNER will be directly notified by our server only once by electronic mail (e-mail) at the e-mail provided by WINNER in the FORM. The potential WINNER must reply to this e-mail notification no later than the deadline date stated in the same e-mail. Any Win Notification not responded to or returned as undeliverable will result in PRIZE forfeiture. SPONSOR assumes no responsibility for any misdirected or lost e-mail, or any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, e-mails received from or sent to the WINNER. SPONSOR is not responsible for any failure of the WINNER’s e-mail account to accept e-mail communication or delivery from SPONSOR. SPONSOR is not responsible for any actions taken by WINNER’s e-mail server, programs or computer which results in WINNER’s inability to receive, open or view any e-mails by SPONSOR within the time period given by SPONSOR, or if the e-mail is treated as spam by WINNER’s server, deleted by it, refused, rejected or returned as undeliverable. In such event, PRIZE will be forfeited without notice. If Win Notification e-mail is returned undelivered/undeliverable to SPONSOR for any reason, there will be no other notifications to the WINNER. After successful verification of identity, the potential WINNER may be required to sign and return an Affidavit of Eligibility and Release of Liability and, where required, a Publicity Release to SPONSOR before dispatch of PRIZE delivery, or at the venue for collection of PRIZE. The WINNER may be requested to provide proof that all eligibility requirements are met as well as proof of ownership of the e-mail address associated with the winning entry. Any discrepancy found within this process or failure to complete this step will result in PRIZE forfeiture. In the event of any dispute, and if the dispute cannot be resolved to SPONSOR’s satisfaction, the WINNER will be deemed ineligible for the PRIZE. If ENTRANTs do not receive any e-mail notification after the END DATE of the PERIOD, then they have not won. All ENTRANTs are advised to check the Winners List page on the next BUSINESS DAY after Drawing date. By accepting a PRIZE, each WINNER agrees to be responsible for any unforeseen charges that SPONSOR encounters after PRIZE shipment is dispatched, such as but not limited to, all federal, state, and local taxes incurred, levies, duties, special handling charges, inspection fees, and other fees. Any foreseen federal, state or other tax liabilities (including income taxes) arising from PRIZE delivery will result in PRIZE forfeiture and no PRIZE will be arranged.
WINNERS LIST : A list announcing the WINNER for the each PERIOD will be available only on the Winners List section on the COMPETITION’s page of the WEBSITE. List of Past Winners may or may not display every single record of all past Winners and are for general reference only. In the event that the ENTRANT becomes the WINNER, the WINNER agrees to have their name and/or town of residence published in the Winners List page, to be made available to the public in accordance with these RULES without compensation. WINNER may be identified in the Winners List by first and last name, and town and country of residence.WINNING PRIZE : SPONSOR determines the prize for each PERIOD. The prize of each PERIOD is determined solely by the SPONSOR on/before the last BUSINESS DAY of each PERIOD. SPONSOR may determine any product(s) as the PRIZE of any PERIOD at their sole discretion. A single WINNER of each PERIOD stands to win the PRIZE announced on the Winners List page on this COMPETITION’s section of the WEBSITE. Once the PRIZE is determined, the nature and description of the PRIZE shall also be notified to the WINNER via the Win Notification e-mail. SPONSOR sets a maximum value for each prize at, and shall not exceed, US dollars one thousand (USD1,000) - valued in terms of the SPONSOR’s standard approximate retail value of PRIZE. SPONSOR may determine any product or combination of product(s) that has been produced with any total production cost that falls within this maximum value as the PRIZE. There is no cash or cash equivalent associated with any COMPETITION PRIZE. No cash will be awarded. The determined PRIZE must be accepted as awarded and no substitutions can be made. PRIZE is neither exchangeable nor transferable. No substitutions or replacements for PRIZEs will be permitted except as provided herein. No substitutions or cash equivalents allowed except as expressly set out in these RULES. PRIZEs are not covered by warranty. SPONSOR reserves the right to change or replace PRIZE elements. SPONSOR reserves the right, in their sole discretion, to substitute a determined PRIZE with another PRIZE of different nature or value with or without amending the original details on the announcement page in the unlikely event that it becomes impractical to award the stated PRIZE.PRIZE DELIVERY :
Direct and Indirect Shipment . PRIZE is expected to be dispatched within a period of ninety (90) calendar days from the date SPONSOR receives the WINNER’s reply with all signed required documents provided by the Prize Dispatch Notification e-mail. SPONSOR shall not be responsible for any late delivery or arrival of PRIZE to WINNER. The actual date of dispatch of the PRIZE is subject to availability of stock of the PRIZE, courier, lead time of shipment and public holidays. PRIZE must be accepted by WINNER in the manner decided by SPONSOR. PRIZE arrangement may only be processed after receiving a valid reply verifying all details required by SPONSOR in the Win Notification e-mail by or before the stipulated deadline in the notification e-mail. SPONSOR will deliver PRIZE to WINNER in one of two ways: either by direct shipment (via SPONSOR’s own designated courier, registered post) or by indirect shipment (WINNER’s self-collection basis from an authorized distributor or agent of SPONSOR in the vicinity, region or country of WINNER). For indirect shipments, the WINNER shall collect the PRIZE from a location advised by SPONSOR. All direct shipments will only be made to the address provided by the WINNER in their competition entry application form. WINNER may be required to attend their local post office and provide proof of identity to collect their prize. Returned shipment or refusal by WINNER to collect PRIZE shall be deemed PRIZE forfeiture. Signed courier’s delivery receipt at the same registered address at destination shall be deemed PRIZE successfully delivered to, and received by the WINNER. In the event of a dispute regarding receipt of PRIZE, the PRIZE will be deemed successfully delivered to the WINNER if courier’s official receipt of delivery has been signed by a recipient acknowledging itself as the WINNER at the postal address submitted by the WINNER at time of entry. SPONSOR will not be responsible for PRIZE that is lost, damaged, stolen or misplaced after SPONSOR’s courier or authorized distributor/agent has delivered the PRIZE to the WINNER.Extraordinary or Unforeseen Delivery Expenses . SPONSOR shall pay only for the basic shipping charge of the PRIZE if the destination is normally and ordinarily accessible to the SPONSOR’s chosen couriers at regular international shipping rates. All other expenses - whether foreseen or unforeseen - including extraordinary charges incurred by the delivery and up to the advised point of receipt of the prize by the WINNER not expressly mentioned here is not the responsibility of the SPONSOR. The prevalence of foreseen extraordinary charges will result in PRIZE forfeiture. PRIZE will only be awarded and/or shipped to an address within areas that regular courier delivery can be carried out at the basic shipping rate, and where SPONSOR’s designated courier’s normal delivery can be accepted and completed without incurring such expenses. SPONSOR is not responsible for any kind of inconvenience that arises not in SPONSOR’s control that may be due to any unforeseen circumstances which results in the inability of the WINNER to receive or accept PRIZE. Other than normal shipping charges (Normal shipping charges for indirect shipment refers to basic shipping charge up to collection point advised by SPONSOR; Normal shipping charges for direct shipment refers to basic shipping charge up to WINNER’s provided address), SPONSOR will not undertake any additional charges or unforeseen expenses, such as but not limited to, customs clearance expenses and charges that might be incurred at, and from the physical port of entry of WINNER’s country up to the registered address of the PRIZE shipment, including import duties, levies, local taxes, special handling fees, cross-border transaction fee and other related charges that needs to be paid for so that the PRIZE may be allowed to proceed and arrive at the address provided by the WINNER. All such expenses shall be borne and paid for by WINNER. If WINNER fails to settle all such unforeseen charges, PRIZE will be returned to SPONSOR and forfeited. In the event of the occurrence of such unforeseen charges, SPONSOR shall contact and inform WINNER promptly, and ask for the WINNER’s acknowledgment and acceptance for this undertaking - once by telephone and once by e-mail. Refusal to accept or reply to this request immediately will result in PRIZE forfeiture.Prize Acceptance Failure and Forfeiture. SPONSOR reserves the right to change PRIZE if stock of the originally announced PRIZE cannot be replenished within this time frame. The WINNER shall accept the replacement PRIZE arranged by SPONSOR in such event. If WINNER refuses to settle any sudden, unforeseen or extraordinary charges incurred (other than basic shipping charge) after shipment of PRIZE has been made and such unforeseen charges notified to WINNER, WINNER shall be deemed to have elected to not accept PRIZE, and the PRIZE will be returned to SPONSOR and PRIZE shall be forfeited. If for any other reason, the WINNER elects not to accept the PRIZE, the PRIZE shall be forfeited. By accepting a PRIZE, each WINNER agrees to hold SPONSOR, its distributors, agents and affiliates harmless of all claims (including, but not limited to warranty claims and injuries to persons and property), and further to release the same from any and all liability for injuries and/or damages sustained as a result of the PRIZE.
DISQUALIFICATION: ENTRANTs must warrant that they have read and agreed to all the terms and conditions inside the RULES. Participation eligibility may be revoked, and winning PRIZE can immediately and automatically be forfeited without notice if any ENTRANT and/or WINNER is found to have contravened or violated any of the terms and conditions mentioned in this Official Competition Rules. A registered ENTRANT’s entry will be disqualified, at the sole discretion of SPONSOR, if he or she attempts (a) to enter the COMPETITION through any means other than described in these Official Competition Rules; or (b) to disrupt the COMPETITION, circumvent any terms and conditions of these Official Competition Rules, or in any way tamper with any component of the COMPETITION. Any false information provided within the context of the COMPETITION by any Entrant or any other non-compliance with these Official Rules or the like may result in the immediate disqualification of the Entrant from the COMPETITION. Any ENTRANT suspected of or found by SPONSOR to be entering by automatic, programmed, script, bot, third-party or otherwise fraudulent method, at SPONSOR’s sole discretion, will be disqualified and all CONTENT, information or documentation received as a result of participation will be discounted. If an ENTRANT is suspected of submitting or inciting others to submit fraudulent CONTENT, information or documentation on his/her behalf, such entries will be revoked and that ENTRANT immediately disqualified, in SPONSOR’s sole discretion. SPONSOR further reserves the right to disqualify any entry that involves any inappropriate language, any illicit or illegal substance, is misleading, lewd, obscene, sexually explicit, pornographic, disparaging, defamatory, libelous, or violate any laws or otherwise contain content which SPONSOR, in its sole discretion, decides is inappropriate or objectionable for inclusion in the COMPETITION. SPONSOR reserves the right to disqualify any person found or suspected of tampering with the operation of this COMPETITION, to be acting in violation of these RULES, to be acting in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person.SPONSOR PUBLICITY : By participating in the COMPETITION, all ENTRANTs irrevocably grant SPONSOR and their respective successors, assigns and licensees the right to use the CONTENT for any purpose, including without limitation, commercial, advertising and promotional purposes as well as in, on or in connection with SPONSOR’s WEBSITE (including any other websites operated by SPONSOR or its affiliates, including www.qcihk.com.hk), or other events, competitions and promotions, and hereby release the SPONSOR from any liability with respect thereto, unless prohibited by law. Entry into a COMPETITION constitutes permission to use each ENTRANT’s CONTENT for purposes of advertising, general information, trade, publicity and for other promotional activities, or for any other purpose required by law, in all media now known or hereafter devised (including, without limitation, on the WEBSITE) without notice, further consent, compensation or other consideration by SPONSOR or its partners, agents and distributors (unless prohibited by law). Submission of an entry further constitutes the ENTRANT’s consent to irrevocably assign and transfer to SPONSOR any and all rights, title and interest in and to the entry, including, without limitation, all copyrights, and upon SPONSOR’s request, ENTRANT will execute any documents necessary to effectuate such ownership. By accepting a PRIZE, each WINNER agrees to the use of his/her name accompanied by city and country of residence, and their CONTENT in any promotional displays or activities whether related to this COMPETITION or otherwise without any additional compensation, except where prohibited.SCAM ALERT & DISCLAIMER : SPONSOR will not ask APPLICANTs, ENTRANTs or WINNER to send SPONSOR any cash money or payment in kind of any sort. SPONSOR will never ask for any fees or cash payments from any participants to enter COMPETITION, or to proceed further into the COMPETITION, or to claim a PRIZE. All COMPETITION participants (ENTRANTs and WINNER) assume full responsibility for their own protection against any impersonators, bogus e-mails, bogus telephones, fraudsters or scams purporting to represent the COMPETITION or SPONSOR. SPONSOR shall be in no way responsible or liable for any losses or damages suffered by anyone, including COMPETITION participants (APPLICANTs, ENTRANTs or WINNER) as a result of scams of any kind including losses from internet scams, fraud, phishing, malware, viruses, malicious codes or impersonated e-mails which participants may potentially encounter at any time before, during or after the COMPETITION or any competitions organized by SPONSOR. You should contact SPONSOR immediately to obtain verification if you feel suspicious of any person(s) or organization(s) making such requests to you even if they purport to represent SPONSOR.GENERAL CONDITIONS : SPONSOR may modify, suspend, terminate or cancel the COMPETITION if for any reason (including interference or a breach of these RULES) it cannot conduct the COMPETITION as reasonably anticipated or if the fairness of the COMPETITION is deemed exposed to compromise. SPONSOR reserves the right to close, cancel or amend all or any part of the COMPETITION and/or the RULES at any time without notice for any event that is outside of SPONSOR's control. Any changes to the RULES, or cancellation of the COMPETITION, will be posted on the WEBSITE. It is the responsibility of ENTRANTs to keep themselves informed as to any changes to the RULES. In the event of any dispute regarding the RULES, the conduct or results of the COMPETITION, or any other matter relating to a COMPETITION, the decision of SPONSOR shall be final and unchallengeable and no correspondence or discussion shall be entered into, comment issued, or reason given in respect of any decision made by SPONSOR. SPONSOR reserves the rights to change or terminate this COMPETITION without notice. All entries become SPONSOR's exclusive property and will not be acknowledged or returned. SPONSOR, its partners, agents or distributors shall not be liable for lost, late, damaged, destroyed, delayed, postage due, mutilated, misdirected, illegible, incorrect, incomplete or inaccurate entries or entry information, whether caused by WEBSITE visitors or by any of the equipment or programming associated with or utilized in the COMPETITION. SPONSOR reserves the right, in its sole discretion, to suspend, modify or cancel the COMPETITION and/or any COMPETITION SEASON if the COMPETITION cannot be run as originally planned for any reason, including, but not limited to, the result of tampering or infection by computer virus, non-authorized human intervention or other causes beyond its control. If, in the judgment of SPONSOR the COMPETITION is compromised as set forth herein, SPONSOR reserves the right to conduct the COMPETITION from among all eligible entries received for the applicable COMPETITION SEASON, if any, prior to the date on which the event that compromised the COMPETITION occurred. Any attempt by an individual to deliberately damage any WEBSITE or undermine the legitimate operation of the COMPETITION is a violation of criminal and civil laws. Should such an attempt be made, SPONSOR reserves the right to seek damages or any other remedies from any such individual to the fullest extent permitted by law. SPONSOR is not responsible for lost, late, damaged, delayed, destroyed, misdirected, timed-out, improperly formatted, or incomplete entries.
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