NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.
- AFFIDAVIT OF ELIGIBILITY / RELEASE OF LIABILITY / PRIZE ACCEPTANCE AGREEMENT MAY BE REQUIRED.
- ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.
- ONLINE ENTRY ONLY AND INTERNET CONNECTION AND TWITTER ACCOUNT REQUIRED.
DTS, Inc. (“Sponsor”) is pleased to introduce The HD Radio Sound Space Sweepstakes (“Sweepstakes”). As a condition of participating in the Sweepstakes, you agree to be fully and unconditionally bound by these Official Rules, which are a contract, and the decisions of Sponsor, whose decisions shall be final and binding in all respects, and to waive any right to claim ambiguity in the Sweepstakes, these Official Rules, and the Sweepstakes materials. Without limitation, this contract includes indemnities to the Sweepstakes Entities (as defined in Section 2) from you and a limitation of your rights and remedies. Winning and receiving a prize is contingent upon fulfilling all requirements set forth herein. By participating, entrants agree to be bound by these Official Rules and waive any and all rights to claim ambiguity or error in these Official Rules or in the Sweepstakes itself.
1. TWITTER® DISCLAIMER: You agree and acknowledge, as condition of participating in the Sweepstakes, that Twitter Inc. and its owners, directors, officers, employees, contractors, agents, representatives, parents, subsidiaries, attorneys, insurers, and associated corporations and entities (collectively, the “Twitter Group”) are not sponsors of the Sweepstakes nor do they endorse or administer the Sweepstakes, nor are they in any way associated with the Sweepstakes. All questions regarding the Sweepstakes must be directed to Sponsor, not the Twitter Group. You also agree that as a condition of participating in the Sweepstakes, you shall release the Twitter Group from any and all liability arising out of or relating to your entry, creation of an entry or submission of an entry, participation in the Sweepstakes, acceptance, use, or misuse of a prize, or the broadcast, exploitation, or use of an entry.
2. ELIGIBILITY: The Sweepstakes is open only to individuals (not groups) who: (i) are legal residents of and physically located in one (1) of the fifty (50) United States (excluding Rhode Island) or the District of Columbia and (ii) are at least eighteen (18) years of age or older at the time of entry. VOID IN RHODE ISLAND AND WHERE OTHERWISE PROHIBITED OR RESTRICTED BY LAW.
Employees, officers and directors of Sponsor, its parent, and each of its or their respective affiliates, subsidiaries, advertising and promotion agencies, distributors, prize suppliers, and any and all other companies associated with the design or execution of the Sweepstakes (collectively, the “Sweepstakes Entities”), and each of such employees’, officers’, and directors’ immediate family members and/or those living in the same household (whether legally related or not) are not eligible to enter the Sweepstakes or win a prize. For purposes of this Sweepstakes, “immediate family members” shall mean spouse, partner, parents, step-parents, legal guardians, children, step-children, siblings, step-siblings, in-laws, grandparents, and grandchildren. “Those living in the same household” shall mean people who share the same residence at least three (3) months a year, whether legally related or not.
3. ENTRY PERIOD: The Sweepstakes begins upon the first call-to-action Twitter message as follows: [Want to see Cold War Kids perform @KROQ? RT and follow DTS on insta and we will pick some lucky CA residence to see them on Mar 30th.]
The above call-to-action Twitter message will be sent by Sponsor at approximately [11am] Pacific Time (“PT”) on [3/21/17], and all entries must be received on or before 11:59:59 p.m. PT on [3/24/17] (the “Entry Period”). Sponsor’s designated clock will be the official timekeeper for this Sweepstakes.
4. HOW TO ENTER: There is no purchase necessary to enter or participate in the Sweepstakes. A purchase does not increase your chances of winning. To participate and enter this Sweepstakes, eligible individuals will need a valid and good standing Twitter account (“Account”) as of the date of entry. If you do not already have an Account, visit www.twitter.com (the “Website”) to create an Account, creating an Account is free. By submitting your information and creating an Account, you will be required to agree to the Twitter terms of service and privacy notice. If you do not agree to Twitter’s terms of service and privacy notice, you cannot create an Account or participate in this Sweepstakes. Twitter accounts are not controlled by and cannot be guaranteed by Sponsor.
Once logged into your Account, follow the links and instructions to become a follower of the @DTS Twitter Account. During the Entry Period, @DTS will Tweet a call-to-action message via Twitter asking entrants to re-Tweet the message by using the Twitter re-Tweet functionality. To participate, you must re-Tweet the message to receive one (1) entry into the Sweepstakes. The first call-to-action Twitter message: [Want to see Cold War Kids perform @KROQ? RT and follow DTS on insta and we will pick some lucky CA residence to see them on Mar 30th.] will be sent by Sponsor at approximately [9am] PT on [3/21/17]. NOTE: Sponsor may not receive entries from Twitter users with “protected” updates (i.e., users who have set their Account so that only people that the users have approved can view their updates) due to the way Twitter operates its service. Twitter messages not received by Sponsor will not be entered into the Sweepstakes.
In the event of a dispute over the identity of an entrant, the entrant will be deemed to be the registered account holder of the email address registered with the Twitter Account used to submit the entry. The “authorized account holder” is the natural person assigned the email address by the Internet access provider, online service provider, or other organization responsible for assigning email addresses for the domain associated with the submitted email address. Sponsor reserves the right to require entrants to show proof of being the authorized account holder. In the event a dispute regarding the identity of the individual who actually submitted an entry cannot be resolved to Sponsor’s satisfaction, the affected entry will be deemed ineligible. Any damage made to the Twitter service will be the responsibility of the registered Account holder of the email address for the Twitter Account submitted at the time of entry. It is a potential winner’s responsibility to set his/her Account settings to accept contacts by Sponsor and to timely check his/her Twitter Account for any Sponsor direct messages or @Replies.
Limit one (1) entry per person, per day during the Entry Period. For purposes of this Sweepstakes, each “day” shall end at 11:59:59 p.m. PT and begin at 12:00:00 a.m. PT. Subsequent attempts made by the same individual to submit multiple entries by using multiple or false contact information or otherwise may disqualify all of entrant’s entries. Entries generated by a script, computer programs, macro, programmed, robotic or other automated means are void and may be disqualified. Entries that are in excess of the stated limits, inappropriate, not responsive to the call-to-action, incomplete, illegible, corrupted, damaged, destroyed, forged, false, lost, late, misdirected, deceptive, or otherwise not in compliance with the Official Rules may be disqualified from the Sweepstakes at Sponsor’s sole and absolute discretion. All entries become the property of Sponsor and will not be acknowledged or returned. All entrants submitting materials as part of the Sweepstakes will be granting Sponsor a non-exclusive license (with the unlimited right to sublicense) and right to use such materials, and the images related thereto, for any purpose (including any and all commercial purposes) in any media with the right to modify the materials and make derivative works thereof throughout the world and in perpetuity. Entrants represent and warrant that the materials submitted will not infringe or violate any right whatsoever, including, without limitation, any personal rights (e.g., defamation, privacy, false light, moral right, etc.) or any property rights (e.g., copyright, trademark, right to ideas, etc.) of any person or entity and the use thereof will result in no third party liability or obligations. Illegible and/or incomplete entries and entries submitted by entrants who do not meet the eligibility requirements (including all requirements with respect to age and residence) are void. Those who do not follow all of the instructions or abide by these Official Rules or other instructions of Sponsor may be disqualified. Sponsor reserves the right, in its sole and absolute discretion, to determine what time each call-to-action will be Tweeted from Sponsor’s Twitter Account. Sponsor may run multiple campaigns, contests, sweepstakes or other promotions simultaneously. Entry into one (1) campaign, contest, or sweepstakes does not constitute entry into any other.
If you opt to receive Sponsor’s Tweets, including any prize notification or other Sweepstakes-related Tweets, via text message to your wireless mobile device (which may only be available via participating wireless carriers and is not required to enter), standard text messaging rates will apply for each text message sent or received from your handset according to the terms and conditions of your service agreement with your wireless carrier. Other charges may apply (such as normal airtime and carrier charges) and may appear on your mobile phone bill or be deducted from your prepaid account balance. Wireless carriers’ rate plans may vary, and you should contact your wireless carrier for more information on messaging rate plans and charges relating to your participation in this Sweepstakes. Participation in this Sweepstakes by mobile phone and text message means that you understand that you may receive additional text messages from Sponsor relating to this Sweepstakes, including notification if you are a potential winner in this Sweepstakes, which will be subject to the charges pursuant to your carrier’s rate plan. Text messaging may not be available from all mobile phone service carriers and handset models. Cell phone service may not be available in all areas. Check your phone’s capabilities for specific instructions.
5. WINNER SELECTION AND VERIFICATION: There will be one (1) potential winners selected in this Sweepstakes. The potential winners will be selected through a random drawing on or about 3/21/17, from among all eligible entries received during the Entry Period. The potential winners will be notified as described below within a commercially reasonable time after the drawing. The potential winners will be contacted using the direct message feature on Twitter for the user Account that posted the responsive update if a winner is a follower of @DTS. If a potential winner is not a follower of @DTS, then a potential winner will have to set their potentially winning Twitter Account to follow @DTS (so that Sponsor will be able to send a private direct message via Twitter) within the time stated in the notice of the Sponsor’s submission of an @Reply to the potential winners or else the Sponsor may disqualify such potential winner’s entry. However, this is only for purposes of facilitating eligibility verification and prize fulfillment communication and may be discontinued following that process. It is your responsibility to timely set your Account settings to accept contacts by Sponsor and to timely check your Twitter Account for such messages. Sponsor is not responsible for any failure of delivery of notice. Sponsor will have complete discretion over interpretation of the Official Rules, the administration of the Sweepstakes, and the selection of potential winners. Decisions of Sponsor as to the selection of potential winners and the determination of winners will be final.
Potential winners will be notified using the information provided during entry by email, telephone, and/or mail (as selected by Sponsor) in a commercially reasonable time after the drawing. The Sweepstakes Entities are not responsible for false, incorrect, changed, incomplete or illegible contact information. Notification is deemed to have occurred immediately upon sending of an email, placing of a phone call, one (1) day after sending via a delivery service or two (2) days after mailing. A potential prize winner who provides a P.O. Box may be required to provide an alternative address and this may cause a delay in notification and acceptance so use of a P.O. Box is discouraged. The Sweepstakes Entities are not responsible for and shall not be liable for late, lost, damaged, intercepted, misdirected, or unsuccessful efforts to notify the potential winner, including, without limitation, electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in entrant’s email account to receive email messages.
Potential winners may be required to submit an affidavit of eligibility/release of liability/prize acceptance agreement (collectively, the “Affidavit”) and return the Affidavit within the time period specified at notification before being eligible to receive his or her prize. If any potential prize winner fails or refuses to sign and return such Affidavit within the time period required by Sponsor or if the prize or prize notification is returned as rejected, faulty, unclaimed, or undeliverable to such potential prize winner, such potential prize winner may be disqualified and an alternate may be selected. Non-compliance shall result in disqualification and award of the prize to an alternate winner. Parents or legal guardians of any potential winner under the age of majority in his or her state of residence (which is eighteen (18) in most states but is nineteen (19) in Alabama and Nebraska and twenty-one (21) in Mississippi) may be required to also sign the Affidavit in order for the potential winner to be qualified to receive his or her prize. If any potential prize winner is found to be ineligible, or if he or she has not complied with these Official Rules, or declines a prize for any reason prior to award, such potential winner may be disqualified and an alternate potential winner may be selected. If, for any reason, more bona fide winners come forward seeking to claim prizes in excess of the number of each type of prize set forth in these Official Rules, the winners, or remaining winners, as the case may be, of the advertised number of prizes available may be selected in a random drawing from among all persons making purportedly valid claims for such prizes. Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances. The Sweepstakes Entities are not responsible for and shall not be liable for the failure of a potential winner to provide the signed Affidavit or if potential winner is a minor, the unsuccessful efforts of the potential winner to provide signed parental or guardian consent.
6. PRIZE AND ODDS OF WINNING: Subject to verification of eligibility and compliance with these Official Rules, each potential winner selected in the random drawing will receive one (1) HD Radio Sound Space Performance, with an approximate retail value (“ARV”) of zero dollars ($0). The total ARV of all prizes is zero dollars ($0). Any depiction of a prize, in Sweepstakes materials or otherwise, is for illustrative purposes only. If the actual retail value of a prize is less than the stated ARV, the prize winner will not receive the difference.
The odds of winning a prize depends upon the number of eligible entries received during the Entry Period.
7. PRIZE RESTRICTIONS: Limit of one (1) prize per person and per household. Prizes are non-transferable, with no cash redemptions, equivalents or substitutions except that Sponsor, at its sole discretion, may substitute a prize of equal or greater value for any reason. Each prize is subject to the terms and conditions of the issuer. All prize details not specified in these Official Rules will be determined in Sponsor’s sole and absolute discretion. Prize details and availability are subject to change. In the event that Sponsor is unable to provide the winner with their prize, the Sponsor may elect to provide winners with the approximate value of such item in cash or award an alternate prize of comparable or greater value. Prize winners will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the prize they receive, regardless of whether the prize is used in whole or in part. The ARV of each prize is based on available information provided to Sponsor and the value of any prize awarded to a winner may be reported for tax purposes as required by law. The winners may be required to provide Sponsor with a valid social security number or tax identification number before the prizes will be awarded for tax reporting purposes. An IRS Form 1099 may be issued in the name of winners, or if a minor in the jurisdiction in which s/he resides, in the name of his/her parent or legal guardian, for the actual value of the prizes received. Unclaimed prizes will be forfeited. Prizes, if legitimately claimed, will be awarded. Any prize must be claimed in and shipped to an address in the 50 United States and/or the District of Columbia, except in Sponsor’s sole and absolute discretion. Prizes will be delivered to the winners by regular mail, United Postal Service or courier such as Federal Express. Type of delivery service will be at sole discretion of Sponsor. Please allow 6-8 weeks for delivery. Sponsor is not responsible for and will not replace any lost, mutilated or stolen prizes.
THE PRIZES ARE AWARDED AS IS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SOME JURISDICTIONS MAY NOT ALLOW (OR MAY LIMIT) DISCLAIMERS OF CERTAIN WARRANTIES, IN WHICH CASE THE FOREGOING DISCLAIMERS WILL BE ENFORCED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
8. PUBLICITY RELEASE: Subject to applicable law, winners irrevocably grant the Sweepstakes Entities and each of their licensees, and its and their successors, assigns and sub-licensees the right and permission to use their name, Twitter handle or username, voice, likeness and/or biographical material for advertising, promotional and/or publicity purposes in connection with the Sweepstakes, in all forms of media and by all manners (now and hereafter known), and on and in connection with related products, services, advertising and promotional materials (now known or hereafter developed), worldwide, in perpetuity, without any obligation, notice or consideration except for the awarding of the prizes to the winners. Entrants agree not to issue any publicity concerning the Sweepstakes Entities.
9. WAIVERS, DISCLAIMERS AND RELEASES: By participating in the Sweepstakes, entrant agrees to release, discharge and hold harmless the Sweepstakes Entities and the Twitter Group and each of their respective directors, officers, employees, agents, successors and assigns (“Released Parties”) from and against any and all claims, liability, costs, losses, damages or injuries of any kind arising out of or related to entrants’ participation in the Sweepstakes and/or related to any prize (including, without limitation, losses, damages or injuries to entrant’s or any other person’s equipment or other property, or to their persons, related to participation in the Sweepstakes, or arising out of any violation of rights of publicity or privacy, or claims of defamation or portrayal in a false light, or based on any claim of infringement of intellectual property, or from any typographical, human or other error in the printing, offering, selection, operation or announcement of any Sweepstakes activity and/or prize). Without limiting the generality of the foregoing, entrants agree that the Released Parties have neither made nor will be in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, in connection with the Sweepstakes and/or with respect to prizes, including, without limitation, to any prize’s quality or fitness for a particular purpose. Sponsor has the sole and binding right to decide all matters and disputes arising from the Sweepstakes and its determination shall be final and binding on all entrants.
Entrants further agree and that the Released Parties shall have no responsibility or liability for discontinued prizes, human error, incorrect or inaccurate transcription of registration and/or Account information, any technical malfunctions of the telephone network, computer online systems, computer mechanisms, computer equipment, software, or Internet service provider utilized by Sponsor, interruption or inability to access the Website, Account, app, Sponsor’s or affiliated entities’ respective websites, or any online service via the Internet due to hardware or software compatibility problems, any damage to entrant’s (or any third person’s) computer and/or its contents related to or resulting from any part of the Sweepstakes, any lost/delayed data transmissions, omissions, interruptions, viruses, bugs, defects, and/or any other errors or malfunctions, even if caused by the negligence of the Released Parties. Each entrant further agrees to indemnify and hold harmless the Released Parties from and against any and all liability resulting or arising from the Sweepstakes and to release all rights to bring any claim, action or proceeding against Released Parties and hereby acknowledges that the Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to a prize. The Released parties are not responsible for the actions of entrants in connection with the Sweepstakes, including entrants’ attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Sweepstakes. The Released Parties are not responsible for any changes or unavailability of the Twitter platform that may interfere with the Sweepstakes (including any limitations, any restrictions, or any conditions on Sponsor’s ability to use Twitter for the Sweepstakes as set forth herein that are not acceptable to Sponsor) or ability of entrant to timely enter, receive notices or communicate with Sponsor via Twitter, in which case Sponsor, in its sole discretion, may terminate or modify the Sweepstakes. Entrants further understand and agree that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived. Entrants acknowledge that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.
10. SUSPENSION/MODIFICATION/TERMINATION: Sponsor reserves the right to clarify or correct any typographical, printing, computer programming, calculation, or operating errors associated with the Sweepstakes at any time, including during the Entry Period. In the unlikely event that Sponsor is unable to continue the Sweepstakes or provide the prizes for any reason, including, but not limited to: computer hacking, tampering, virus or bugs, delay or failure to act, bankruptcy, negligence, fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, communications or equipment failure, utility or service interruptions, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared), interference with the Sweepstakes by any party, or any federal, state or local government law, order, or regulation, order of any court or jurisdiction, insufficient entries, or other cause not reasonably within Sponsor’s control, Sponsor shall have the right to modify, suspend or terminate the Sweepstakes or prize. Sponsor additionally reserves the right, in its sole and absolute discretion, to (i) modify, suspend or terminate the Sweepstakes should causes beyond Sponsor’s control corrupt or interfere with the administration, integrity, operation, security or proper play of the Sweepstakes or (ii) disqualify any entrant found to be, or suspected of (a) tampering with the entry process or the operation of the Sweepstakes; (b) acting in violation of these Official Rules; or (c) acting in an un-sportsmanlike manner.
11. TAMPERING WITH THE SWEEPSTAKES: The Sweepstakes Entities are not responsible for the actions of entrants in connection with the Sweepstakes, including entrants’ attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Sweepstakes. Persons found tampering with or abusing any aspect of this Sweepstakes, or whom Sponsor believes to be causing malfunction, error, disruption or damage may be disqualified. Additionally, any attempt to cheat the Sweepstakes, as determined at the sole and absolute discretion of Sponsor, may result in immediate disqualification of the entrant, as well as other possible consequences, including disqualification from any and all existing and future sweepstakes. CAUTION: ANY ATTEMPT BY A PERSON TO DAMAGE ANY WEBSITE (INCLUDING THE TWITTER SERVICE) OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK ALL LEGAL AND EQUITABLE REMEDIES FROM AND AGAINST ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor reserves the right, at its sole and absolute discretion, to disqualify (or terminate the prize of) any individual who is found to be, or suspected of, acting in violation of these Official Rules, or to be acting in an unsportsmanlike, obscene, immoral or disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person. If the Sweepstakes is terminated due to tampering or technical difficulties prior to its expiration date, notice will be posted on Twitter via a Sponsor update and/or on the site(s) where these Official Rules have been posted.
12. ENTRY INFORMATION AND SWEEPSTAKES COMMUNICATIONS: As a condition of entering the Sweepstakes, each entrant gives consent for Sponsor to obtain and deliver his or her name, address and other information to third parties for the purpose of administering this Sweepstakes and to comply with applicable laws, regulations and rules. Any information entrants provide to Sponsor may be used to communicate with entrant in relation to this Sweepstakes.
YOU FURTHER ACKNOWLEDGE THAT YOUR PERSONAL IDENTIFYING INFORMATION MAY BE DISCLOSED TO THIRD PARTIES INCLUDING, WITHOUT LIMITATION, PLACING YOUR NAME ON A WINNERS’ LIST.
13. GOVERNING LAW/LIMITATION OF LIABILITY: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of entrants, Sponsor or the Sweepstakes Entities in connection with the Sweepstakes shall be governed by and construed in accordance with the internal laws of the State of California, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s laws.
BY ENTERING THE SWEEPSTAKES, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (I) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (II) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (III) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (IV) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
14. DISPUTE RESOLUTION: The parties each agree to finally settle all disputes only through arbitration, provided, however, the Sponsor shall be entitled to seek injunctive or equitable relief in the state and federal courts in Los Angeles County, California and any other court with jurisdiction over the parties. In arbitration, there is no judge or jury and review is limited. The arbitrator’s decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to this Sweepstakes shall be resolved solely by binding arbitration before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. (“JAMS”) or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a “Demand for Arbitration”, then either party can elect to have the arbitration administered by the American Arbitration Association (“AAA”) or any other mutually agreeable arbitration administration service. If an in-person hearing is required, then it will take place in Chicago, IL, New York City, NY, Los Angeles, CA, Atlanta, GA or Dallas, TX (whichever is closest to entrant’s residence), provided, however, if none of these locations are convenient for the hearing, the parties may mutually agree on an alternative location. The federal or state law that applies to these Official Rules will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions, provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate does not apply and the dispute must be brought in a court of competent jurisdiction in Los Angeles County, California. Sponsor agrees to pay the administrative and arbitrator’s fees in order to conduct the arbitration (but specifically excluding any travel or other costs of entrant to attend the arbitration hearing). Either party may, notwithstanding this provision, bring qualifying claims in small claims court.
16. SPONSOR: This Sweepstakes is sponsored by DTS, Inc., 5220 Las Virgenes Road, Calabasas, CA 91302. This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Twitter, Inc. Any and all questions, comments or complaints regarding the Sweepstakes must be directed only to Sponsor and not Twitter, Inc.
17. WINNERS’ LIST/OFFICIAL RULES REQUESTS: To receive a list of winners, send a stamped self-addressed envelope to: “Sweepstakes Winners List”, DTS, Inc., 5220 Las Virgenes Road, Calabasas, CA 91302 within ninety (90) days of expiration of the Entry Period. Please indicate which Sweepstakes winners list you are requesting by referencing the name of the Sweepstakes in your request. For a copy of these Official Rules, send a legal-size, self-addressed, stamped envelope to: “Sweepstakes Official Rules”, DTS, Inc., 5220 Las Virgenes Road, Calabasas, CA 91302 prior to the end of the Entry Period. Please indicate which Sweepstakes Official Rules you are requesting by referencing the name of the Sweepstakes in your request. Vermont residents may omit return postage with Official Rules requests.