~ZTE #ConnectedPurpose Giveaway
Official Terms and Conditions
NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
THIS GIVEAWAY IS INTENDED FOR PLAY ONLY IN THE UNITED STATES AND IS OPEN ONLY TO LEGAL RESIDENTS OF THE CONTIGUOUS ADJOINING LOWER 48 UNITED STATES AND D.C. WHO ARE 18 YEARS OF AGE OR OLDER SUBJECT TO EXCLUSION OF CERTAIN STATES AS DETAILED HEREIN. VOID IN ALASKA, HAWAII, MASSACHUSETTS, NORTH CAROLINA, AND GEORGIA, AND WHEREVER PROHIBITED OR RESTRICTED BY LAW.
- ELIGIBILITY: The ZTE #ConnectedPurpose Giveaway (the “Giveaway”), brought to you by ZTE (USA) Inc. (the “Sponsor”), is governed by these Official Terms and Conditions. The Giveaway is open only to legal residents of the contiguous adjoining lower 48 United States and the District of Columbia (“D.C.”), who are eighteen (18) years of age or older at the time of entry, subject to exclusion of certain states as listed. Employees, officers, directors, and field staff of Sponsor, Administrator, and each of their respective parent, subsidiaries and affiliated companies, and any advertising and promotion agencies involved with this Giveaway (and the immediate family members of such employees and their respective spouse, parent, child, sibling and their respective spouses; and individuals residing in the same household as such employees) are not eligible to enter or win. Void in Alaska, Hawaii, Massachusetts, North Carolina, and Georgia, and where prohibited or restricted by law.
- AGREEMENT TO RULES: By participating, you agree to be fully and unconditionally bound by these Official Terms and Conditions and you represent and warrant that you meet the eligibility requirements set forth herein. In addition, you agree to accept the decisions of the Sponsor as final and binding as it relates to the content. This Giveaway is subject to all applicable Federal, State, and local laws.
- GIVEAWAY PERIOD: This Giveaway begins on June 22nd, 2020 at 8:00:00 a.m. Central Daylight Saving Time (“CDT”) and ends on July 10th, 2019 at 22:59:59 p.m. Central Daylight Saving Time (“CDT”) (the “Giveaway Period”). The Website server’s clock is the official clock for this Giveaway.
- HOW TO ENTER: To enter, visit the Website (blog.zteusa.com/connected-purpose-giveaway) and follow the on-screen instructions to enter your Name and Email Address, and provide social media handle through Gleam tools. Entrants must then (a.) post a message on entrant’s social media account (Twitter, Facebook, Instagram) about a goal they want to achieve, a dream they want to pursue, or an interest they want to support, and (b.) tag @zteusa social media accounts (Instagram, Facebook, or Twitter) in the post, using the hashtag #ConnectedPurpose. Entrants will be provided multiple options for social media verification on the Gleam platform: (a.) Send a tweet directly from the Gleam platform on Entrant Twitter account, (b.) Enter using Facebook social account and then post on Entrant Facebook account, or (c.) Enter using Instagram account and then post on Entrant Instagram account. After completing these (2) steps, entrants will receive one (1) entry into the Giveaway. Online entrants must have a valid email address, which must be associated with entrant. Any form of entry other than that described herein is void. Those who do not follow all the instructions and abide by these Official Terms and Conditions or other instructions of Sponsor may be disqualified. Entrants may not enter with multiple email addresses nor may entrants use any other device or artifice to enter multiple times or as multiple entrants. Any entrant who attempts to enter with multiple email addresses under multiple identities or uses any device or artifice to enter may be disqualified and forfeits eligibility for any prize, in Sponsor’s sole discretion. Should multiple users of the same e-mail account enter the Giveaway and a dispute thereafter arises regarding the identity of the entrant, the authorized account holder of said e-mail account at the time of entry will be considered the entrant. “Authorized account holder” is defined as the natural person who is assigned an e-mail address by an Internet access provider, on-line service provider or other organization which is responsible for assigning e-mail addresses or the domain name associated with the submitted e-mail address. Automated entries are prohibited, and any use of automated devices may cause disqualification. By participating, entrants agree to these Official Terms and Conditions, which are final and binding in all respects.
- PRIZES (8): Up to two winners will be chosen each week, based on random selection. Determination of winners shall solely be the determination of ZTE. Each winner will receive one (1) ZTE smartphone as prize. The sponsor will send notification to the winner’s email address.
Winner, after verification of eligibility, must accept prize as specified by Sponsor or prize may be forfeited. Prize cannot be assigned, transferred, redeemed for cash, or substituted except by Sponsor who may, at its sole discretion, substitute prize with one of equal or greater value if the advertised prize, or any portion thereof, becomes unavailable for any reason. Federal, state, and/or local taxes (including any income taxes) and any other fees or costs associated with the prize are the sole responsibility of the winner regardless of whether the prize, in whole or in part, is used. The winners may be required to provide Sponsor with a valid social security number or tax identification number before the prize will be awarded for tax reporting purposes.
- GIVEAWAY WINNER SELECTION/ODDS AND NOTIFICATION: Two (2) potential winners will be selected by random selection from among all eligible entries each week of the Giveaway, for a total duration of three (3) weeks.
Odds of winning prize depend on the number of eligible entries received. The potential winner will be notified by email by the sponsor.
Potential winner is subject to verification, including verification of age and residence. If the potential winner is found not to be eligible for any reason, or if prize notification email is not replied to by July 10th, 2020, 15:00:00 p.m. Central Daylight Saving Time (“CDT”), the potential winner may be disqualified and prize may be forfeited, in Sponsor’s sole discretion. Sponsor is not responsible for any change of email address, phone number, or other contact information of entrants. An unclaimed prize will not be awarded.
- CONDITIONS OF PARTICIPATION: By entering this Giveaway, each entrant agrees and covenant on behalf of entrant and entrant’s family, heirs, personal representatives executors, assigns and insurers, (a) to release, acquit, hold harmless, waive and forever discharge Sponsor, agencies, and each of their respective parent companies, subsidiaries and affiliates, and their respective officers, directors, members, managers, employees, contractors and agents (collectively, “Releasees”) from any and all claims, demands, damages, debts, costs, fees, obligations, loss, expenses, compensation, actions or causes of action whatsoever, of every nature, character and description, whether known, unknown, discovered, undiscovered, suspected or unsuspected, including bodily injury, death, or property damage (collectively, “Claims”), including but not limited to Claims arising on account of, or in any way growing out of, resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of the prize or participation in this Giveaway; and (b) except where legally prohibited, winner grants (and agrees to confirm that grant in writing) permission to Sponsor and those acting under its authority the right to the use of his/her name, picture, likeness, voice, biographical information and statements, at any time or times, for advertising, trade, publicity and promotional purposes without additional compensation, in all media now known or hereafter discovered, worldwide and on the Internet and World Wide Web, without notice, review or approval.
- LIMITATIONS OF LIABILITY: Releasees are not responsible for incorrect or inaccurate entry information whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Giveaway or by any technical or human error which may occur in the processing of the entries. Releasees are not responsible for computer system, phone line, hardware, software or program malfunctions, or other errors, failures or delays in computer transmissions or network connections that are human or technical in nature. Releasees are not responsible for any computer or e-mail failures that may result in lost or garbled entries or which affect the administration of the Giveaway. Releasees assume no liability for incorrect, lost, late, stolen, illegible, incomplete, misdirected, damaged non-delivered requests or entries, computer system or transmission line errors, software or hardware malfunctions, or other errors, failures, or delays in transmission that are human, mechanical or technical in nature, or any combination thereof, including any injury or damage to entrant’s or any other person’s computer related to or resulting from downloading or entering any part of this Giveaway. If, for any reason, Giveaway, in the sole opinion of Sponsor, is not capable of running as planned or should fraud, a virus, bugs, or other causes beyond the control of Sponsor corrupt or affect the administration, security, fairness, integrity or proper conduct of this Giveaway, Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify or suspend the Giveaway, and randomly determine the winner from among all eligible, non-suspect entries received prior to action taken, or as otherwise deemed fair and equitable by Sponsor. Sponsor reserves the right at its sole discretion, to disqualify any individual (and all of his/her entries) who tampers with the entry process.
- BINDING ARBITRATION: Any controversy or claim arising out of or relating to the Giveaway shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply Texas law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Releasees will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Releasees shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties.
THE ARBITRATION OF DISPUTES PURSUANT TO THIS SECTION 10 SHALL BE IN THE ENTRANT’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS GIVEAWAY IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL TERMS AND CONDITIONS.
BY PARTICIPATING IN THE GIVEAWAY, EACH ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE PROMOTION, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) 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), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANT’S 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 EVERY ENTRANT.
- GOVERNING LAW AND JURISDICTION: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Terms and Conditions, or the rights and obligations of entrant and Sponsor in connection with the Giveaway, shall be governed by, and construed in accordance with, the laws of the State of Texas, U.S.A. without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth in Section 10 of these Official Terms and Conditions and/or for entering any judgment on an arbitration award, shall take place in Collin County, Texas.
- SPONSOR: ZTE USA, Inc., 2425 N. Central Expressway, Suite 800, Richardson TX 75080.