THIS GIVEAWAY IS OPEN ONLY TO INDIVIDUALS WHO ARE 18 YEARS OF AGE OR OLDER AT TIME OF ENTRY.
NO PURCHASE NECESSARY TO ENTER OR CLAIM PRIZE. A PURCHASE WILL NOT IMPROVE YOUR CHANCE OF WINNING.
1. PROMOTION DESCRIPTION: The “Fictiv 2019 State of Hardware” Survey Giveaway (the “Giveaway”) begins on or about January 23, 2019 at 9:00 a.m. Eastern Time (“ET”) and ends at 11:59 p.m. ET on February 22, 2019 (the “Promotion Period”). At the end of the Promotion Period, a random drawing will be conducted to select three (3) Grand Prize winners from among all eligible entries received, as set forth more fully below. Entry in the Giveaway does not constitute entry into any other promotion, contest or sweepstakes. By participating in the Giveaway, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Fictiv Inc., 168 Welsh St, San Francisco CA 94107 (“Sponsor”) which shall be final and binding in all respects.
2. ELIGIBILITY: The Sweepstakes is open to legal residents of the United States, who are at least 18 years of age or older at time of entry. Officers, directors, employees and agents of Sponsor and its parents, subsidiaries, licensors, affiliates, distributors and retailers (all such individuals and entities collectively referred to herein as the “Promotion Entities”) and the immediate family members and/or those residing in the same household are ineligible to enter the Giveaway or win a prize. The Giveaway is governed by U.S. law, is subject to all applicable federal, state and local laws and regulations, and is void where prohibited. By entering the Giveaway, you are representing and warranting to the Sponsor that you meet all of the eligibility standards set forth herein. The Sponsor may reject any entry at any time if it determines or suspects, in its sole and absolute discretion, that a participant may not be eligible or may otherwise be in violation of the these Official Rules.
3. HOW TO ENTER:
(a) Fictiv website. To enter on the website, visit https://www.fictiv.com/2019-state-of-hardware-survey during the Promotion Period and follow the instructions to complete the Giveaway survey with the information requested. Click “Submit responses” to submit your survey and entry for the Giveaway. Upon completion and submission of the survey, you will receive one (1) entry in the Sweepstakes.
Limit one (1) entry per person/per valid email address, regardless of the method of entry.
All entries must be received by the end of the Promotion Period in order to participate. The Website's database clock will be the official time keeper for this Sweepstakes. All required information on the entry form must be completed to enter and to be eligible to win. Proof entering information at the Website or submitting an entry is not considered proof of delivery to or receipt by Sponsor of such entry.
4. SELECTION OF WINNERS: At the end of the Promotion Period, three (3) winners will be selected in a drawing from all eligible entries received throughout the Promotion Period. The drawing will be conducted by Sponsor or its designee, using randomization methods selected by Sponsor in its sole discretion. The winners will be notified by e-mail using the contact information provided at the time of entry within ten (10) days after the end of the Promotion Period. If, despite reasonable efforts, a potential prize winner does not respond within five (5) days of the first notification attempt, or if a prize or prize notification is returned as unclaimed or undeliverable to such potential prize winner, such potential prize winner will forfeit the prize and an alternate prize winner may be selected. If any potential prize winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines the prize for any reason prior to award, such potential prize winner will be disqualified and an alternate winner may be selected. Sponsor may successively attempt to contact up to two (2) potential prize winners of in accordance with such procedure, and if there is still no confirmed prize winner after such attempts have been made, if any, the prize may go unawarded.
5. PRIZES: Three (3) prizes are available. Prizes include one (1) Fictiv credit for injection molding services worth five thousand ($5,000) dollars, one (1) Rylo 360 degree camera, and one (1) Travelmate Robotics smart luggage. No cash alternative or prize substitutions will be allowed, except Sponsor reserves the right to substitute prize(s) or opportunities or comparable out-of-pocket cost value if any prize or opportunity listed is unavailable, in whole or in part, for any reason. The winners shall be solely responsible for all federal, state and/or local taxes, and the reporting consequences thereof, and for any other fees or costs associated with the prize.
Prizes will be awarded only if the/each potential prize winner fully complies with these Official Rules. All portions of the prize(s) are non-assignable and non-transferable. Prizes pictured in point-of-sale, online, television and print advertising, promotional packaging, and other Giveaway materials are for illustrative purposes only. All details and other restrictions of the prize(s) not specified in these Official Rules will be determined by Sponsor in its sole discretion. No cash alternative or substitution of the prize(s) will be allowed, except Sponsor reserves the right in its sole discretion to substitute prize(s) of comparable value if any prize listed is unavailable, in whole or in part, for any reason. The potential winner may be required to execute an Affidavit of Eligibility, a Liability Release, and (where imposing such condition is legal) a Publicity Release (collectively, “Prize Claim Documents”). If a winner is under the age of majority in such winner’s state of residence (a “minor”), at Sponsor’s option, the applicable prize either will be awarded in the name of the parent or legal guardian of such minor winner, or the parent or legal guardian of such minor winner will be required to ratify and sign Prize Claim Documents. If any potential winner (or, in the case of a minor, such minor winner’s parent or legal guardian) fails or refuses to sign and return all Prize Claim Documents within ten (10) days of prize notification, the winner may be disqualified and an alternate winner may be selected Sponsor makes no warranties, and hereby disclaims any and all warranties, express or implied, concerning any prize furnished in connection with the Giveaway.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUCH PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SPONSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.
6. REDEEMING PRIZES: Once the prize winner has been successfully contacted and verified, Sponsor may publish a post on Facebook, Twitter, or Linkedin to announce the winners. Unless otherwise agreed by the Sponsor, winners will receive their prize either via email in the form of a Fictiv discount code or via mail for the Rylo camera and Travelmate luggage within three to four weeks of winning. Sponsor is not responsible for lost, late, stolen, misdirected, delayed or damaged prizes.
7. GENERAL: Acceptance of a prize constitutes winner’s (or any minor winner’s parent or legal guardian) permission for the Promotion Entities to use winner’s name, photograph, likeness, voice, biographical information, statements and address (city and state) for advertising and/or publicity purposes worldwide and in all forms of media now known or hereafter developed, in perpetuity, without further compensation. Entrants (and any minor entrant’s parent or legal guardian) agree that the Promotion Entities (A) shall not be responsible or liable for, and are hereby released from, any and all costs, injuries, losses or damages of any kind, including, without limitation, death and bodily injury, due in whole or in part, directly or indirectly, to participation in the Giveaway or any Giveaway-related activity, or from entrants’ acceptance, receipt, possession and/or use or misuse of any prize, and (B) have not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to any prize, including, without limitation, to such prize’s quality or fitness for a particular purpose. Sponsor assumes no responsibility for any damage to an entrant’s, or any other person’s, computer system which is occasioned by accessing the Website or otherwise participating in the Giveaway, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature. Without limiting the generality of the foregoing, Sponsor is not responsible for incomplete, illegible, misdirected, misprinted, late, lost, damaged, stolen, or postage-due prize notifications; or for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet service providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, difficulties or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Giveaway or the Websites, to be acting in violation of these Official Rules, or to be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Giveaway, or to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. No mechanically reproduced, illegible, incomplete, forged, software-generated or other automated multiple entries will be accepted. Sponsor reserves the right to modify, extend, suspend, or terminate the Giveaway if it determines, in its sole discretion, that the Giveaway is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other causes beyond Sponsor’s control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of the Giveaway as contemplated herein. In the event an insufficient number of eligible entries are received and/or Sponsor is prevented from awarding prizes or continuing with the Giveaway as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made epidemic of health of 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, 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, extend or terminate the Giveaway. If the Giveaway is terminated before the designated end date, Sponsor will (if possible) select the winner in a random drawing from all eligible, non-suspect entries received as of the date of the event giving rise to the termination. Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances. Only the type and quantity of prizes described in these Official Rules will be awarded. These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with law by a duly authorized representative of Sponsor. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
8. DISCLAIMERS: In the event that the releases contained in the preceding paragraph are determined by a court of competent jurisdiction to be invalid or void for any reason, the entrant agrees that, by entering the Giveaway, (a) any and all disputes, claims, and causes of action arising out of or in connection with the Giveaway, or any prizes awarded, shall be resolved individually without resort to any form of class action; (b) any claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Giveaway, but in no event attorney's fees; and (c) under no circumstances will any entrant be permitted to obtain any award for, and entrant hereby waives all rights to claim, punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than damages for actual out-of-pocket expenses. Entrants hereby acknowledge that the Sponsor has neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied (including, but not limited to warranties of any kind concerning the appearance, safety or performance of any prize), in fact or in law, relative to any prize. Each winner shall bear all risk of loss or damage to his/her prize after it has been delivered to such winner via U.S. Mail, FedEx, United Parcel Service, or any other shipping agent.
9. GOVERNING LAW/JURISDICTION: ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR SPONSOR IN CONNECTION WITH THE GIVEAWAY SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF NEW YORK WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OF CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S LAWS.
10. Winners' Names: For any legally required list of winners, please send a self-addressed stamped envelope to: 168 Welsh St, San Francisco, CA 94107